cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Samariadi
Contact Email
samariadi@lecturer.unri.ac.id
Phone
+6285297594591
Journal Mail Official
myl@ejournal.unri.ac.id
Editorial Address
Secretariat of Magister (S2) Ilmu Hukum Fakultas Hukum Universitas Riau. Pattimura Street, Number 09 Pekanbaru Riau - Indonesia 28131
Location
Kota pekanbaru,
Riau
INDONESIA
Melayunesia Law
Published by Universitas Riau
ISSN : 25580744     EISSN : 25807455     DOI : https://doi.org/10.30652
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Melayunesia Law Journal is a peer-reviewed journal which is published by Magister Ilmu Hukum Fakultas Hukum Universitas Riau (UNRI). The aim of Melayunesia Law Journal published is to reveal the living law in the midst of society over time and peace. We publish original research papers, review articles, and case studies focused on the Malay customary law, law and human, customary law, criminal law, corporate and business law, and the law that developed in society. Melayunesia Law Journal publication schedule biannually in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
 1   2   3   4 
The Transformation of Contract Law in the Era of Digital Contracts in Indonesia Fikrina, Aulia; Putri Deswari, Meissy; Sucia, Yossiramah; Silvia Putri, Amanda
Melayunesia Law Vol. 9 No. 1 (2025)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/cwnhf292

Abstract

This study examines the transformation of contract law in Indonesia in response to the increasing prevalence of digital agreements and automated contracts, particularly smart contracts. The central issue addressed is the adaptability of conventional legal paradigms to digital interactions, wherein agreements are frequently formed and executed through code without direct human negotiation. Employing a normative-qualitative method and a comparative conceptual approach, the research identifies key challenges and legal gaps in the recognition, validity, and enforcement of digital contracts. The findings indicate that, although digital contracts have gained some legal recognition, existing doctrines remain anchored in traditional principles, which are inadequate for regulating autonomous contract execution and digital evidentiary mechanisms. The study's contribution lies in proposing a paradigm shift: contract law must evolve beyond merely accepting digital formats to reinterpreting core principles—such as consent, freedom of contract, and legal certainty—within algorithmic frameworks. This necessitates a reorientation of legal thought, recognizing technology not only as a medium but as an influential actor in legal relationships. The study offers a critical theoretical and regulatory framework to support the development of responsive and equitable contract law in the digital age.
Sharia  Arisan as an Innovation in Islamic Banking: A Normative Legal Approach Hengki Firmanda; Mahmud Hibatul Wafi; Samariadi; Firdaus; Rahmad Hendra; Mumaddun Khaerudin Salami
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/9cdr5y60

Abstract

This research aims to find out the basics of sharia arisan as an innovative Islamic banking product that has a foundation in application and is in accordance with the concept of local wisdom. Specifically, what this research wants to know is how the mechanism of sharia arisan is applied in Islamic banking. This research is a literature research that uses a normative legal approach. This research shows that sharia arisan does not contradict customary law, Islamic law, and the philosophy of the nation, even sharia arisan is very relevant to be used as a means of investment in Islamic banking. This is because sharia arisan is based on three foundations: juridical, philosophical, and sociological. Furthermore, technically, sharia arisan can be applied in Islamic banking by using three contracts, namely mudharabah mustarakah, wakalah, and ijarah.
The Legal Review of Tiktok Content Containing Photos and Videos of Sexual Harassment in Live Format (Perspective of ITE Law) Taufik Hidayat; Nur Hilmiyah
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/y2asmf05

Abstract

  A legal review of TikTok's content of live open photos and videos from the perspective of the Electronic Information and Transaction Law (ITE) is one important aspect of efforts to regulate and protect internet users, especially children and adolescents, from harmful content. The ITE Law provides a relevant legal basis for responding to online safety violations, including the dissemination of sexualised content. The problems in the research are first, how is content containing sexual harassment in live format on TikTok created and disseminated? Second, how does TikTok content containing photos or videos of sexual harassment in live format affect users, especially teenagers in their psychology and behaviour? Third, how is the application of the law to Tiktok content containing sexual harassment? The purpose of this research is to answer the problems of this research. This research method is normative juridical research which focuses on secondary data in the form of primary, secondary, and tertiary data. The results of this discussion, among others, focus on content containing sexual harassment in live format on TikTok made and distributed can be charged with the ITE Law as Lex Specialist in conjunction with the Pornography Law, and the Criminal Code as the lex generalist. TikTok content containing photos or videos of sexual harassment in live format against users, especially teenagers in psychology and behaviour.
Judge's Dilemma in Determining Bankruptcy Decisions: Dichotomy Between Supreme Court Circular Letter Number 3 of 2023 and Law 37 of 2004 Concerning Bankruptcy- PKPU M.O. Saut Hamonangan Turnip; Geofani Milthree Saragih; Evanto Pandora Manalu
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/j18mj114

Abstract

This study aims to examine the dilemma faced by judges in determining bankruptcy decisions, especially in the context of conflict between Supreme Court Circular Letter Number 3 of 2023 and Law 37 of 2004 concerning Bankruptcy-PKPU. The research method used is a normative research method that focuses on analyzing laws and regulations, court decisions, and related legal documents. This approach allows researchers to understand and analyze relevant legal aspects to obtain a comprehensive understanding of the judge's dilemma in determining bankruptcy decisions. In the context of normative research, the researcher conducted an in-depth study of the conflict between Supreme Court Circular Letter Number 3 Year 2023 and Law 37 Year 2004 on Bankruptcy-PKPU. This research explores how judges face the challenge of applying different regulations and their potential impact on their decisions. The analysis is conducted with reference to applicable legal principles, legal interpretations, as well as relevant cases in court practice. The results of this study are expected to contribute to clarifying the framework of thought and legal solutions to the problem of judges' dilemma in the context of bankruptcy in Indonesia. In addition, this research can also serve as a basis for stakeholders, both legal practitioners and policy makers, to consider the necessary steps to minimize legal conflicts and improve consistency and fairness in handling bankruptcy cases.  
The Role of Standardization of Goods in the Context of Protecting the Interests of Car Spare Part Consumers in Pekanbaru Silmia Dahnil; Hayatul Ismi; Zulfikar Jayakusuma
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/6cajbb42

Abstract

The purpose of this study is to determine the important role of standardization in various policies and public interests in controlling product quality, especially regarding the standardization of car spare parts products in order to guarantee the interests and provide consumer protection for car users. This type of research is field legal research or sociological research. Data collection techniques in sociological legal research through interviews with related parties, distributing questionnaires, and literature studies. In drawing conclusions, the author uses a deductive thinking method, namely starting from a general proposition whose truth is already known (believed) and ending with a more specific conclusion (new knowledge). The implementation of SNI is basically voluntary, but in matters relating to interests, safety, and security, the ministry or authorized non-ministerial government agency can stipulate the mandatory implementation of SNI through a Ministerial Regulation or Regulation of the Head of a Non-ministerial Government Agency. In this regard, car spare parts are a very important component of a car. However, currently the regulation regarding the standardization of car spare parts, including in Pekanbaru City, has not been regulated by the relevant party, namely the government through the National Standardization Agency (BSN), even though standardization plays a very important role in protecting consumers.
Implementation of Criminal Sanctions in Falsification of Tax Returns that Harm the State Mutiara Fadia Silalahi; Ismail Koto
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/123f4e90

Abstract

Crime can occur in various aspects including tax administration which leads to tax crimes. The application of criminal sanctions against falsification of tax notification letters that harm the state must be optimised. This research raises issues related to how the application of criminal law arrangements regarding falsification of tax notification letters that harm the state? how the application of criminal law sanctions against falsification of tax notification letters that harm the state? how criminal law efforts in applying sanctions against falsification of tax notification letters that harm the state? The purpose of this research is to answer the problems that are the issue of this research discussion. The importance of this topic of discussion is to provide education to the public regarding the legal consequences of the crime of forgery of letters that harm the state. This research uses a normative juridical method that priority the study of laws and regulations (library research). This research has findings, namely this research recommends strengthening the legal substance sector through the issuance of tax counterfeiting laws with heavier sanctions accompanied by restitution to the state.
Impact of Foreign Direct Investment Policy on the Economy in Indonesia M Yazhar Rayhan Al Farrasy; Nur Hidayatul Fithri
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/sf5wyh56

Abstract

Given the large number of investors who are starting to be interested in the State of Indonesia, studies related to foreign investment legal policies need to be carried out. The specific purpose of this paper is to see how the economic impact of foreign investment in Indonesia will be. The method to be carried out is Normative Juridical with a legal approach. There are two types of investment in Indonesia, namely Domestic Investment and Foreign Investment. Foreign Direct Investment has a significant impact on economic growth in Indonesia, because foreign investment can create jobs, and opening new job opportunities in developing countries. FDI is one of the sources of state financial savings in line with the increasing economic increase due to investment from foreign parties who invest. With the existence of PMA, the government establishes policies that have been regulated in Law No. 25 of 2007 Article 4.
Comparative Law Concept of Restorative Justice Approach to Drug Abuser M Sadam Husin; Maria Maya Lestari; Davit Rahmadan
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/mxrb8d52

Abstract

Recent decades, the issue of drug protection has become one of the serious problems faced by many countries. The traditional approach that focuses on punishment often fails to reduce the number of drug referrals, and instead causes various other social problems. Therefore, an alternative approach that is more humane and effective is needed. Restorative justice offers a solution that focuses on recovery and reintegrating perpetrators into society. The type of research used in this study is normative legal research, using a comparative law method which examines the principles of law. In the conclusion, the author uses a deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement.
Unamendable Provisions in The 1945 Constitution to Limit The Power of Constitutional Amendment in Indonesia Ilham Azhari; Dodi Haryono; Dessy Artina
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/apzyph39

Abstract

The concept of unamendable provisions in the 1945 Constitution of the Republic of Indonesia is an effort to limit the power of constitutional amendments to ensure they remain constitutional. In Indonesia, amendments to the 1945 Constitution are introduced through a highly stringent process, with certain provisions explicitly prohibited from being altered. These provisions aim to protect the fundamental aspects of the constitution, such as the unitary state form and the republican system of government, as stipulated in Article 37, paragraph 5 of the 1945 Constitution. This article examines whether the concept of unamendable provisions can be applied to other provisions not explicitly mentioned within the amendment limits.This research article employs a doctrinal legal approach using historical and conceptual methods, combined with descriptive analysis. Through this approach, the research explores the historical background of unamendable provisions and how this concept is applied in Indonesian legal practice. The findings indicate that, although not explicitly stated in the 1945 Constitution, certain provisions can be considered unamendable constructively, as they are closely related to the fundamental principles underlying the state and government of Indonesia, including provisions on the limitation of the presidential term of office. Unamendable provisions in the 1945 Constitution play a crucial role in maintaining the stability and continuity of the state and in preventing constitutional changes that could undermine the agreed-upon fundamental principles. This underscores the importance of understanding and interpreting these provisions
State Accountability for Corporate Climate Offenses : International and Developing Country Legal Perspectives Putra, Rian Rusmana; Kaloko, Ilhamda Fattah; Harmain, Irfan; Dahlan; Prakarsa, Taruna
Melayunesia Law Vol. 9 No. 1 (2025)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/0t7vjp48

Abstract

This study examines state legal responsibility in addressing corporate- driven climate violations in developing countries, focusing on the gap between normative commitments and actual enforcement. The central question is how state liability should be constructed to effectively regulate corporations that contribute significantly to greenhouse gas emissions and environmental degradation. Using a juridical normative and comparative approach, the analysis covers Indonesia, Brazil, and South Africa to identify similarities, differences, and weaknesses in integrating international principles into domestic legal systems. The findings reveal that while national laws recognize the duty to protect the environment and uphold human rights, enforcement remains fragmented, symbolic, and subordinated to short-term economic interests. This creates a structural accountability gap that facilitates corporate impunity, compounded by power imbalances, inadequate institutional capacity, and the absence of robust extraterritorial enforcement mechanisms. The novelty of this research lies in an integrated framework combining state responsibility, corporate accountability, and climate justice, emphasizing extraterritorial obligations and independent national climate adjudication mechanisms. This model operationalizes climate justice as a binding legal standard, harmonizes domestic laws with international obligations, and improves access to justice for affected communities. The tangible output of this study is a normative–comparative regulatory model and policy recommendations for legislators, environmental law practitioners, and international organizations to reform legal frameworks for corporate climate accountability in developing countries. By bridging the gap between norms and practice, the framework offers both conceptual contributions and practical guidance for legal reform, ultimately promoting sustainable development grounded in ecological protection and intergenerational equity.

Page 1 of 4 | Total Record : 33

 1   2   3   4 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 9 No. 2 (2025): Melayunesia Law Vol. 9 No. 1 (2025) Vol. 8 No. 2 (2024) Vol. 8 No. 1 (2024) Vol. 7 No. 2 (2023): Melayunesia Law