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Trunojoyo Law Review
Published by Universitas Trunojoyo Madura
ISSN : 26861496     EISSN : 27152081     DOI : https://doi.org/10.21107/trl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Trunojoyo Law Review, published by Faculty of Law University of Trunojoyo, Madura. Its a biannual refereed journal concerned with the practice and processes of law and justice. It provides a forum for academics, practitioners and community representatives to explore issues and reflect on practices relating to the full range of engaged activity. This journal is a peer-reviewed online journal dedicated to the publication of high-quality research focused on research, implementation. The mission of Trunojoyo Law Reveiw is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of social science and humanities. This includes highlighting innovative endeavors; critically examining emerging issues, trends, challenges, and opportunities and reporting on studies of impact in the areas of law and justice. We proudly announce that Trunojoyo Law Reveiw has indexed by Google Scholar, Portal Garuda, Dimensions, etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Legal and Socio-Economic Challenges of E-Commerce in Uganda: Balancing Growth and Regulation Aidonojie, Paul Atagamen; Okuonghae, Nosakhare; Najjuma, Aisha; Ikpotokin, Omobolanle Omolola; Obieshi, Eregbuonye
TRUNOJOYO LAW REVIEW Vol 7, No 1 (2025): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i1.27704

Abstract

Digital technology has reshaped various sectors of the world so that tasks are executed seamlessly within the shortest period through digital technology. It suffices to state that Uganda has also incorporated the same in enhancing virtually all sectors. For example, in recent times, buying, selling goods, and negotiating contracts are done majorly through digital technology. However, despite the prospect of e-commerce, some challenges may limit its viability in Uganda. In this regard, the study examines the legal and socio-economic issues concerning the adoption of digital commerce in Uganda. A hybrid method was used, and 304 questionnaires were distributed (through Google form) to respondents residing in Uganda. The data obtained were analysed using a descriptive and analytical approach. The study found that adopting e-commerce has greatly enhanced the commercial sector. However, despite the advantages of e-commerce, there are challenges, which include Data security and privacy, regulatory compliance, consumer protection from internet fraudsters and unfair trade practices, illiteracy of consumers, and poor and high cost of internet access. The study, therefore, concludes and recommends that e-commerce is a good innovation that could enhance and lead to further economic development in Uganda. In this regard, for smooth e-commerce operations in Uganda, there is a need for effective mechanisms in ensuring legal compliance and prosecution of anyone involved in data privacy breaches and internet fraudster. Furthermore, active and cost reduction of internet access could aid in enhancing the operation of e-commerce in Uganda. This research builds upon existing knowledge by discovering the legal and social-economic factors prohibiting the adoption of e-commerce in Uganda followed by specific recommendations and ensuring internet accessibility improvement in improving the country's digital economy.  
Political Dynasties in General Elections According to Human Rights and A Comparison in Four ASEAN Countries Saifulloh, Putra Perdana Ahmad; Barus, Sonia Ivana; Nggilu, Novendri M; Nur, Asrul Ibrahim; Sulaiman, Dindha Shahrazade
TRUNOJOYO LAW REVIEW Vol 7, No 1 (2025): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i1.28492

Abstract

The advantages of this article are discussing the Prohibition of Dynastic Politics from a Human Rights Perspective and Legal Formulas to Minimize Dynastic Politics as well as comparisons in three ASEAN countries. The research results concluded that the practice of dynastic politics cannot be separated from a human rights perspective, especially political rights for citizens. However, on the other hand, if it continues, the practice of dynastic politics can damage democratic principles. This is also based on comparisons in Singapore, Thailand and the Philippines. For this reason, in this article, the author provides a legal formula to minimize the negative excesses of dynastic politics, namely by strengthening the conditions for presidential/vice presidential candidates, gubernatorial candidates, mayoral candidates, and regent candidates in internal political parties. So that political parties will also strengthen the party system so as to avoid collusion and nepotism. To minimize dynastic politics, it is necessary to improve the culture within political parties. The reconstruction of the design of a democratic presidential candidacy is to prioritize the process of deliberation and consensus. Through the formation of the Party Consultative Assembly, it is hoped that it will be able to overcome and interpret the ideological ideals of political parties and the ideals of political leadership. This needs to be regulated in the Memorandum of Association/Articles of Association of Political Parties and the revision of the Political Party Law and Election Law. Furthermore, the analysis used normative legal research, including statutory, comparative, and conceptual methods.
Legal Framework and Challenges Concerning Forensic Evidence in Nigeria Wakili, Saminu Abacha; Obisesan, Olawunmi Opeyemi; Ekpenisi, Collins; Antai, Godswill Owoche; Umo, Maria Edet
TRUNOJOYO LAW REVIEW Vol 7, No 1 (2025): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i1.28599

Abstract

Forensic evidence cannot be avoided in modern legal systems; it is used principally for asserting justice. However, there are several challenges that implementing forensic evidence in the judicial processes faces in Nigeria. Attempts to address this persistent problem include issues such as the admissibility of forensic evidence in courts, lack of adequate forensic infrastructure, inadequate examinations, and a lot more procedural inconsistency. Hence, the need to examine the legal provision regarding forensic evidence in Nigeria, the identification of the main core challenges, and possible reform proposals to improve reliability and acceptance in audit processes. The study adopts a doctrinal study method, relying on primary and secondary sources of research material. The study therefore revealed gross loopholes within the corpus of legislation in Nigeria: highly limited statutory references on emerging forensic technologies, extremely few forensic laboratories, and inconsistencies in judiciary interpretation of forensic evidence. The study has further uncovered a critical blockage to the usage of forensic evidence, which is the lack of specialized training to law enforcement and judiciary officers. The study further concludes that the status of Nigeria as far as the advancement of forensic evidence is concerned is marginally high, but there are lots of things to be done. Legislative amendments are recommended to strengthen forensic vidence laws, investments in forensic infrastructure, and capacity-building initiatives for legal and law enforcement professionals. These measures are sure to strengthen the place of forensic evidence in the advancement of justice in Nigeria.
Competition Law Paradigm in the Majapahit Constitution Faizal, Bhismoadi Tri Wahyu; Amin, Muhammad; Sidiq, Muhammad Aunurrofiq; Nurmawati, Reni Prasetia
TRUNOJOYO LAW REVIEW Vol 7, No 1 (2025): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i1.28487

Abstract

This paper aims to map and analyze business activities potentially resulting in monopolistic practices and unfair business competition in the Majapahit kingdom. This research also attempts to figure out how the rule of law was applied during the Majaphit kingdom to curb monopolistic business activities. This research applied a qualitative design with normative legal or library research that relies on secondary data sources. Primary legal materials in this research are two ancient books by Slamet Muljana, namely Majapahit Legislation and Nagarakretagama Historical Interpretation; secondary legal materials are books and journals related to this research. The results show that 4 (four) types of activities can lead to monopolistic practices and unfair business competition, namely, destroying or burning agricultural land, reducing farm yields, refusing others to do the same business and controlling land owned by small farmers by large farmers. For these activities, the Majapahit royal government imposed the rule of law contained in Articles 260 - 262 of the Kutaramanawa and Article 88 paragraph (3) of the Nagarakretagama which includes a prohibition on burning and destroying agricultural land, a ban on reducing agricultural yields by narrowing the land or leaving the land abandoned, a prohibition on refusing others to work on the land, and a prohibition on large farmers to control the land of small farmers. The government in the Majapahit era demonstrated how the law should be implemented, and that it should be emulated by modern countries, including Indonesia, to enforce the country’s welfare by encouraging vigorous and competitive law in Indonesia.
Expanding the Authority of Muhtasib to Protect Consumers: A Comparison between Moroccan Law and Islamic Qanun of Aceh Ezzerouali, Souad
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29151

Abstract

The institution of Hisbah has historically played a fundamental role in organizing public life in Islamic societies through the principle of enjoining good and forbidding evil. This study examines the potential for integrating Hisbah into modern legal systems to strengthen social control, consumer protection, and environmental preservation. The research aims to clarify the legal and legitimate nature of Hisbah, explore its historical decline—particularly after the colonial era—and propose strategies for its rehabilitation. Using a historical, descriptive, and analytical approach, the study investigates the Moroccan legal framework governing Hisbah, assessing whether the Moroccan legislature has effectively integrated it into contemporary law. Additionally, the study compares Morocco's Hisbah system with the model in Aceh Province, Indonesia, where the institution has been successfully adapted to modern societal needs. The findings highlight the strengths and weaknesses of the Moroccan framework and suggest that legislative inflation may have hindered Hisbah’s effectiveness. Drawing lessons from Aceh, the study recommends revitalising Hisbah in Morocco, particularly in addressing contemporary challenges such as health, environmental protection, consumer rights, and traditional crafts.
The Application of the Principle of Prudence in the Issuance of Replacement Certificates: A Perspective on Adat and Positive Law Sianturi, Stefanus; Ramli, Asmarani
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29846

Abstract

This study aims to analyse the application of the principle of prudence in issuing replacement land certificates from both positive and customary law perspectives. It addresses the increasing land conflicts caused by duplicate certificates and administrative negligence in Indonesia’s land administration system. The research contributes a novel dual-legal approach by integrating statutory procedures and indigenous legal norms into a coherent framework to enhance legal certainty. Employing a normative juridical method, the study uses document analysis, statutory interpretation, and interviews with land officials. The primary data sources include Government Regulation No. 24 of 1997 and Decision No. 59/Pdt.G/2022/PN Unr. Findings reveal systemic weaknesses in verification procedures and a lack of institutional coordination, resulting in the fraudulent reissuance of certificates. Additionally, the neglect of adat-based verification undermines social legitimacy in customary regions. This research concludes that the current formal procedures are insufficient to prevent forgery and land conflicts. It recommends regulatory reform and the incorporation of community-based verification mechanisms as part of a precautionary legal standard. The study provides a critical foundation for integrating legal pluralism into national land governance.
The Role of Jurisprudence in Activating the Rules of Justice as a Source of Civil Law Zayer, Sattar Jabbar
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29310

Abstract

This article examines the concept of the rules of justice and their application within the Iraqi legal system, conducting a comparative analysis of other legal frameworks. The study utilizes doctrinal legal research to explore this issue based on primary and secondary sources, albeit with case laws of the Iraqi courts serving to occupy the research samples from which we have been inspired to ascertain the image of justice rules in the Iraqi milieu and the degree of commitment in assimilating the epistemology of justice in comparative legal systems. Judiciary can make law more realistic and living, its conclusions are further called for high-level ability of diligence, logic and facts-based induction to create a solution based upon the rules of justice in the realm of judicial jurisprudence, which operates in the current legal regime. Ultimately, this study provides crucial lessons regarding the changing cardiopulmonary role of the rules of justice through varying legal traditions and highlights the indispensable nature of judicial jurisprudence in upholding the principles of equality and justice.
Reconceptualisation of State Financial Losses to Prevent Misuse of Village Funds Muti'ah, Dewi; Habibullah, Abd. Wachid; Djunarto, Yusaq; Cahyono, Luthfi Basith Eko
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29856

Abstract

Village Funds are funds provided to villages that originate from central and local government financial allocations received by districts/cities. The numerous cases of misuse of village funds in Indonesia led to the implementation of Law No. 20 of 2001, amending Law No. 31 of 1999 on the Eradication of Corruption Offences. This serves as the basis for classifying financial losses to the state resulting from the misuse of funds as acts of corruption. All village heads who misuse village funds can be categorised as committing acts of corruption. In fact, not all misuse of village funds is for personal gain, but rather to improve the financial condition of the village, Village-Owned Enterprises (BUMDes), and so on. The purpose of this study is to identify the characteristics of village fund embezzlement that constitute criminal acts of corruption. This study contributes to the development of criminal law science, particularly in relation to the elements of village fund embezzlement that constitute criminal acts of corruption. The research method used is normative legal research with a conceptual approach. The conclusion drawn from this study is that not all cases of embezzlement of village funds involve elements of financial loss to the state. Therefore, not all are categorised as criminal acts of corruption. The recommendation from this study is for the government to formulate policies for managing village funds, particularly regarding elements of embezzlement that constitute criminal acts of corruption or financial loss to the state.
The Urgency of Codifying and Unifying Restorative Justice Regulations in Criminal Procedure Code Reform Izharti, Rakhmi; Magdalena, Erika; Ramadhani, Rully Herdita
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.30601

Abstract

The fragmentation of restorative justice regulations across Indonesia’s criminal justice institutions, including the police, prosecution, and judiciary, has resulted in procedural inconsistencies and undermined legal certainty for both victims and offenders. This study aims to examine the normative and institutional urgency of codifying and unifying restorative justice mechanisms within the reform of the Criminal Procedure Code (KUHAP), particularly in light of the restorative provisions introduced in the 2023 Code Penal (KUHP). Employing a normative juridical method, supported by limited empirical data from interviews with convicted persons, the research integrates statutory, comparative, and conceptual analyses to evaluate coherence between sectoral regulations and the integrated criminal justice framework envisioned by the revised KUHAP. Findings reveal significant regulatory divergence regarding eligibility criteria, procedural stages, and legal consequences, resulting in selective enforcement and a decline in public trust. The study concludes that codification and unification of restorative justice norms are imperative to harmonise institutional mandates, operationalise the principle of ultimum remedium, and ensure substantive legal certainty. Codified provisions should establish uniform procedures, binding legal effects, and cross-institutional coordination mechanisms. These reforms carry significant implications for advancing a humane and efficient criminal justice system in Indonesia, reducing litigation costs, and enhancing public confidence in restorative approaches.
Power Engineering under the Guise of Nutrition: A Critical Analysis of Badan Gizi Nasional Formation Fikri, Sultoni; Hikam, Reza Maulana
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29925

Abstract

Presidential Regulation No. 83 of 2024 was enacted under the pretext of addressing the critical issue of national nutrition. However, beneath the technocratic narrative and the sterile legal language, there are strong indications that this regulation conceals a deeper political-economic agenda. This study aims to examine whether the establishment of the National Nutrition Agency is a purely administrative response or a covert instrument of power hegemony. The contribution of this study lies in uncovering how a seemingly neutral policy on nutrition governance operates as a mechanism of executive aggrandisement. By applying a Critical Legal Studies framework, this research advances the understanding of how legal instruments can embed and normalise political centralisation under the guise of public health policy. This area remains underexplored in Indonesian legal scholarship. The methodology employed is a juridical-critical approach based on Critical Legal Studies, which involves a normative analysis of the regulation's content and its relationship to relevant laws and regulations. The study's findings reveal that the BGN has an expansive authority structure directly under the President, creating a potential for vertical control over the distribution of national nutrition resources. Furthermore, there is a potential overlap with other agencies (such as Bapanas, the Ministry of Health, and the Ministry of Social Affairs), weak oversight mechanisms, and the potential normalisation of power expansion through administrative law. In this context, the law is no longer an instrument of justice, but rather a tool of political legitimisation within a technocratic framework. This study recommends an institutional evaluation of the BGN and strengthening of legislative control over the expansion of executive bodies.

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