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Sumatera utara
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ULJLS
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 30260477     DOI : 10.32734
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ultimate Journal of Legal Studies (ULJLS) is a peer-reviewed journal published by Doctoral in Law Program, Universitas Sumatera Utara two times a year, in May and November. All papers submitted to this journal should be written in English. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. ULJLS is available in print and online version. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law, Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law; Economic Law; Adat Law; Labor Law; Agrarian Law; Intelectual Property Rights Law; Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
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Differences in Restorative Justice in Indonesia, New Zealand and Saudi Arabia Viewed from Comparative Criminal Law Manurung, Fajar Rudi; Gunanto, Marcus Priyo; Mohammad Ekaputra; Marlina; Wessy Trisna
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16665

Abstract

Resolving criminal cases through the judiciary is considered successful if law enforcers are able to bring the perpetrators to justice and receive punishment. In certain cases, the public hopes that there will be no need for prosecution because the crime committed is not commensurate with the sentence imposed. Provisions about Restorative Justice in Indonesia, the civil law legal system is not yet clearly regulated in the law. New Zealand is a country Common Law who successfully implemented it Restorative Justice at the Correctional Institution. Meanwhile, Saudi Arabia is an Islamic country that most consistently applies Islamic criminal law which has a concept Restorative Justice. The aim of the research is to compare the concept of restorative justice between Indonesia, New Zealand and Saudi Arabia. Through these three different legal systems, which legal system is restorative justice most appropriate to apply? in Indonesia Restorative Justice guided by the internal provisions of the Police, Prosecutor's Office and Courts, which have not yet been stated in New Zealand Law Restorative Justice under the Parole Law of 2002, Saudi Arabia Restorative Justice relies on transcendental rules, namely the Qur’an and Hadits as well as the judge's discretion. The fact that it is applied in different countries is not certain that it will be useful if applied in one's own country or another country. Restorative justice must be in accordance with the social, economic and political conditions of a country.
Legal Paradigm of The Discretion By Regionl heads in the management of Public Service Maryanne, Steffi Seline; Satoto, Sukamto; Akbar, Faisal; Affila
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16677

Abstract

The discretion of regions holds particular urgency for implementing innovations in an area. Achieving optimal public services is the goal reported by central and regional governments to meet community needs. Law No. 30 of 2014 on Government Administration identifies discretion as a solution to concrete problems faced in government administration. This law addresses issues that are unregulated, incomplete/unclear, or result in government stagnation. However, these decisions/actions are often laden with power abuse. Discretion, as an action taken by regional heads, is highly subjective and depends on wisdom and case-by-case situations, which cannot be generalized. Despite this, there is no protection for regional heads when exercising discretion. This study discusses actual discretion for regional heads in supporting public interests to achieve expected public services. The research method uses normative juridical analysis, examining laws, regulations, books, legal rules, and literature related to the study's problem formulation. The data collection method is library research, involving tracing, reading, reviewing, or analyzing materials, theories, and concepts. Discretion by regional heads to improve good governance should not only be a regulated concept but must also create effective governance. Thus, the regulation in the Government Administration Law on discretion acts as a legal umbrella and an instrument to enhance the quality of government services to the community.
A TERRITORIAL RIGHTS PROVISION ALLOWING FOR THE ENTRY OF FOREIGN INVESTMENTS Pelawi, Jhon Tyson; Ismansyah; Lubis, Muhammad Yamin; Marlina; Rosmalinda
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16707

Abstract

One of the main issues that arises when investors plan to make investments in Indonesia is the transfer of land rights to one of the five investment barriers, which are connected to obstacles to land certification, building licenses, and land zoning. This effort discusses how problems involving land transfers are handled by national criminal law and how giving foreign investors legal certainty is achieved by the effectiveness of criminal legislation against land transfers. The aim of this research is to find out whether criminal law can resolve disputes related to the transfer of land rights so as to provide certainty and security for foreign investors regarding the transfer of land rights. by investigating problems through normative legal research or legal research carried out in libraries using a jurisprudential approach and theory of legal objectives, we will get solutions to existing problems so that this research provides qualitative research results based on the data and theory used. The study's findings lead to the conclusion that Article 52, paragraphs (1) and (2) of the UUPA, which deals with criminal laws against the transfer of land rights, regulates the criminal law of land area for its infringement. The form of attained legal certainty in the transfer of land rights for investors is provided by the effectiveness of criminal law in enforcing the law against communities that occupy property over the subject matter.

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