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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
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Juridical Analysis of Reclamated Land Rights in Batam City – Case Studies PT. Pasifik Karya Sindo Silvia Handayani; Siti Nurkhotijah; Darwis Anatami; Nicha Suwalla; Dedy Sunarto
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: 10.30652/26g6qj57

Abstract

This study examines the juridical analysis of land rights over reclamation areas in Batam City, with a case study of PT. Pasifik Karya Sindo. The core issue lies in the legal status of reclaimed land, which is not yet comprehensively regulated under Indonesian law, leading to legal uncertainty for both business actors and local authorities. This research employs a normative juridical method with statutory, conceptual, and case study approaches. Data were collected through literature review, analysis of relevant legislation, and examination of legal documents. The findings indicate that reclaimed land essentially remains part of state-controlled coastal areas under the Basic Agrarian Law and sectoral maritime regulations. However, the granting of land rights over reclaimed areas requires clearer legal foundations to avoid conflicts with the principles of legal certainty and justice. The case of PT. Pasifik Karya Sindo illustrates the regulatory disharmony between the authority of the Batam Development Board and the local government, which has resulted in delays in the legalization of reclamation land rights. This study recommends regulatory synchronization between the central government, the Batam Authority, and local government, as well as the formulation of specific regulations on the management of reclamation land to ensure legal certainty and prevent future land disputes.
Mechanism for Settlement of Land Tenure in the Context of Forest Area Planning (PPTPKH) in Karimun Regency Dedy Sunarto; Darwis Anatami; Siti Nurkhotijah; Nicha Suwalla; Silvia Handayani
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/feb5yd02

Abstract

This study examines the mechanism for resolving land tenure issues within the framework of Forest Area Structuring (PPTPKH) in Karimun Regency. The central problem lies in the mismatch between community land tenure and the designation of forest areas, which often generates legal as well as social conflicts. This research employs a normative juridical method with statutory and conceptual approaches, complemented by empirical data through interviews and document analysis at the regional level. The findings indicate that the implementation of PPTPKH in Karimun Regency faces several challenges, including regulatory disharmony between central and local governments, limited spatial data, and weak institutional coordination. The resolution mechanism applied involves administrative and technical verification of land claims, assessment based on principles of social justice and legal certainty, and granting legal access through forest area release, land-swap schemes, or the allocation of land rights under agrarian law. However, the implementation remains suboptimal due to overlapping authorities and limited institutional capacity. This study recommends regulatory harmonization, strengthening land and forestry databases, and enhancing the role of local governments in the PPTPKH process to achieve a fairer, more transparent, and sustainable resolution of land tenure issues.
Reformulation of Chemical Castration Sanctions for Perpetrators of Sexual Crimes in Review from the Relative Theory of Punishment Fanita Aditia; Emilda Firdaus; Davit Rahmadan
Melayunesia Law Vol. 8 No. 2 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/csdrx055

Abstract

This research aims to see whether or not chemical castration sanctions are applied to sex offenders when viewed from the Relative Theory of Punishment and is associated with several examples of decisions. From the research results. The application of chemical castration sanctions against sex offenders has not been implemented effectively in law enforcement in Indonesia because there is still a discrepancy between the provisions of additional punishment determined by the legislator with the facts or circumstances that occur. The Relative theory of punishment views the provision of punishment not as retaliation for the wrongdoing committed by the perpetrator, the justification of punishment lies in its purpose, namely to reduce the frequency of crime. Therefore, it is necessary to reformulate the sanction of chemical castration from various aspects, including socio-philosophical, socio-political, and socio-cultural aspects. The need for a legal breakthrough to provide therapeutic/treatment effects to perpetrators of sexual crimes through psychiatric rehabilitation efforts. Because basically, punishment is no longer solely as retaliation, but to re-educate the person who committed the criminal act to become a useful member of society.  
The position of the Lake Toba Authority Body is based on Presidential Regulation Number 49 of 2016 concerning the Lake Toba Tourism Area Management Authority Body Augusto Edytama Prasetia; Siti Malikhatun Badriyah
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/qyse2720

Abstract

The Lake Toba Tourism Authority Management Body was formed through Presidential Regulation Number 49 of 2016. After the formation of the Lake Toba Tourism Authority Body, many pros and cons occurred, apart from the issue of overlapping authority between the central government and regional governments regarding management rights, representatives of indigenous peoples also claimed that the Authority Body only carries out unilateral development without involving local indigenous peoples, besides that the agrarian problem of customary land in the Lake Toba area is also a fundamental problem, land and land which initially had no legal certainty and had become the land of local indigenous peoples were suddenly empowered to used for the Lake Toba Tourism Authority Board using the legal basis for Presidential Regulation Number 49 of 2016 concerning the Lake Toba Tourism Area Management Authority Body. The research method used in this study uses a normative research approach, while from the nature of this research it is a descriptive research.
Cancellation of a Certificate of Ownership Based on a District Court Decision in Tanah Datar District Intan Mariska Aretra; Zefrizal Nurdin; Anton Rosari
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/s2zssp26

Abstract

The problem formulations in this research are: the reason why the plaintiff did not submit a request for annulment to the BPN, the process of canceling a land title certificate based on a district court decision in Tanah Datar Regency, the status of the sale and purchase of land objects whose certificates are not valid but have not been canceled by the BPN, This research uses normative-empirical juridical methods. The reasons why the plaintiff did not submit an application for cancellation to the BPN were due to the plaintiff's ignorance of the cancellation procedure, physical control and certificates that were still controlled by the defendant, the length of the physical execution process due to resistance and the many requirements for submitting a cancellation to the BPN. 2. The process of canceling a certificate based on a court decision in Tanah Datar District begins with a request from an interested parties and then the file will be analyzed by the Land Office and then sent to the Regional Office, where the Regional Office will issue a decree of cancellation. 3.With the transfer of land rights by a person who is not the actual owner of the transferred land, his actions have clearly violated the principles that apply to land registration activities, namely the Nemo Plus Juris Principle and also the provisions of Article 1320 of the Civil Code, namely a lawful cause. Because the point of a lawful cause is violated, the agreement made by the parties becomes null and void.
Juridical Analysis of Prohibition of Monopoly and Unfair Business Competition in Wholesaler Procedures for Sales of Umrah Tickets by PT. Garuda Indonesia (Persero) Tbk Redati Tsaniya Sekarsari; Siti Malikhatun Badriyah
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/ed80em43

Abstract

The Business Competition Supervisory Commission (KPPU) decided that PT. Garuda Indonesia (Persero) Tbk. committing violations related to discrimination and making efforts to close access to distribution channels for direct sales of Umrah tickets to and from Jeddah and Medina through the Wholesaler Program. Where is PT. Garuda issued a policy regarding Middle East Asia (MEA) ticket sales that required Umrah Pilgrimage Organizers (PPIU) to purchase through the six designated wholesalers. The purpose of this research is to find out the legal consequences of the practice of prohibiting monopoly in the wholesaler procedure for selling Umrah tickets by PT. Garuda Indonesia (Persero) Tbk. This study uses a normative juridical research method using a statutory approach (Statutes Approach), namely Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and a case approach (Case Approach), namely Decision Number 06/KPPU-L/ 2020 regarding Alleged Discriminatory Practices of PT Garuda Indonesia (Persero).
The Role of the Notary in Resolving Disputes Regarding the Deed of Sale and Purchase Agreement (PPJB) (Case Study at the Notary/PPAT in Pekanbaru City) Dwi Mutia Sari; Busyra Azheri; Jean Elvardi
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/2kwyef75

Abstract

The subject matter of this research is the role of a notary in resolving disputes over the Sale and Purchase Agreement Deed (PPJB) made by the parties before him and how the legal force of peace made by the parties before a notary related to the dispute over the Sale and Purchase Agreement Deed (PPJB). This legal research uses an empirical juridical method, which is a method of approaching the problem by looking at the applicable legal norms and then connecting them with legal facts found in the field. While this type of research is descriptive-analytical, namely describing an event that occurs clearly and in detail. The results of the study, the role of a notary in resolving disputes in the Sale and Purchase Agreement Deed (PPJB) made by the parties in front of him the notary can act by providing input on the dispute between the parties in the deed made by the notary, this function is the role of the notary voluntarily as a parties who understands his duties and functions as a notary, and in this case, the notary is also considered to understand the core of the problems that are happening and the legal strength of the peace made by the parties before the notary regarding the dispute of the Sale and Purchase Agreement Deed (PPJB), namely the notary has such an important authority to provide legal counseling and provide information in connection with the making of authentic deeds.
Presidential Threshold Polemic in the 2019 Election and Before the 2024 Election Contest in Indonesia Ahmad Shirotol; Mhd. Erwin Munthe; Ridwan Harahap; Alfi Hasanah
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/3nwzfg75

Abstract

The application of the presidential threshold in the presidential nomination election in Indonesia gave rise to various controversies and became a topic of discussion in the country's political system. This research wants to see the presidential threshold polemic in the 2019 election and before the 2024 election contestation in Indonesia. The type of research used is normative legal research. The findings in the 2019 election of the presidential threshold polemic that occurred were a number of political parties objecting to a high threshold, restrictions on the freedom of the people/the best sons and daughters who wanted to advance in the presidential election, the public were given choices that were not varied, weakened the presidential system and contradicted the 1945 Constitution Then the polemic leading up to the 2024 election, namely: elite candidates dominating, alternative candidates are limited, consideration of the Constitutional Court is problematic, article 222 of the law is contrary to article 6A (2) of the 1945 Constitution and democratic space is now limited.
Restorative justice Approach to Certain Criminal Actions with the Threat of Under Five Years Prison in Functioning Criminal Law as Ultimum Remedium Windy Rizky Putri; Erdianto Effendi; Zulfikar Jayakusuma
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/dzt7a189

Abstract

The purpose of this research is to find out the concept of criminal law renewal to place restorative justice as ultimum remedium in certain crimes with a prison sentence of under five years. This type of normative legal research with the type of legal synchronization. Collecting data on normative legal research uses data collection techniques from a literature study. In drawing conclusions the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement. the results of research and discussion can be concluded. First; The restorative justice approach to criminal acts with the threat of imprisonment for under five years finds its footing in the basic philosophy of Pancasila, namely in accordance with the 4th precept of Pancasila "Deliberation to reach consensus". Currently, restorative justice has been regulated in various regulations/policies. The contents of this internal policy show that there is no uniformity in understanding and boundaries of criminal acts that can be resolved through restorative justice and does not create an Integrated Criminal Justice System. and the imposition of criminal sanctions on perpetrators.
Regulation on the Position of the State Civil Apparatus in the General Sorting of Indonesia Separen; Muhammad Zulhidayat; Sri Endang Kornita
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/tw88fy72

Abstract

This study examines the regulation of the position of the State Civil Apparatus (ASN) in the context of General Elections (Pemilu) in Indonesia. This research uses normative juridical method with qualitative descriptive analysis approach. Regulations on the position of civil servants are very clearly regulated in the legislation on how to regulate civil servants to be more optimal in supporting government activities to benefit the community as much as possible and be fair and always maintain neutrality in elections. Based on the results of the study, there are several regulations governing the position of civil servants in elections in Indonesia, namely the 1945 Constitution, the Civil Service Law, the Election Law, the Corps Life Government Regulation and the Civil Servant Code of Ethics, the Government Regulation on Civil Servant Discipline, and the Circular Letter of the Chairman of KASN concerning the Neutrality of Civil Servants.

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