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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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Implementation of Sanctions Against Unlicensed Alcoholic Beverage Sellers in Pekanbaru City Based on Regional Government Regulation No. 13 of 2021 concerning Public Order and Tranquility Al Qudri; Ardiansyah; Bagio Kadaryanto
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/tyfhqj67

Abstract

This study aims to examine the efforts of Satpol PP as the enforcer of Perda and Perkada in tackling the circulation of alcoholic beverages and the application of sanctions against its sellers in Pekanbaru city as well as the factors that support and inhibit the enforcement of the Law. The research method used is field research method, the research was conducted in pekanbaru city. The type of research in this writing is empirical juridical research, because it approaches the problem from the applicable regulations and the reality in society. the results of this study There are 3 (three) efforts of Satpol pp and related agencies in tackling the circulation of alcoholic beverages, namely: Preincentive efforts, preventive efforts and repressive efforts in this case Satpol PP and related agencies have 3 (three) supporting factors, namely: legal substance factors, informant factors, community leaders factors. and 4 (four) inhibiting factors, namely: human resource factors, intellectual resources of expert investigators, facilities and infrastructure factors of law enforcement, ground rules factors, community factors, and community culture factors.
Conditional Death Penalty Policy in Law Number 1 of 2023 concerning the Criminal Code is Linked to the Principle of Legal Certainty Amiratul Mardhiyah Putri; Evi Deliana HZ; Syaifullah Yophi Ardiyanto
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: 10.30652/8pf6st20

Abstract

Conditional death penalty aims to provide an opportunity for convicts to rehabilitate themselves and change for the better. Conditional death penalty also aims to reduce the risk of execution of innocent people, show a humanist attitude and respect for human rights, and accommodate various conflicting views and interests regarding the death penalty in Indonesia. Conditional death penalty is regulated in Article 100 Paragraph of Law Number 1 of 2023 concerning the Criminal Code. The type of research to be carried out is normative legal research. From the perspective of its objectives, normative legal research can be divided into 7 (seven) types, namely in this case research is carried out on the principles of law, namely regarding the Implementation of Conditional Death Penalty in Law Number 1 of 2023 concerning the Criminal Code in the Perspective of Legal Certainty.
The Mandatory Convertible Bond Is An Instrument to Pursue Dominant Position Among Shareholders Go Chin Tjwan; Ferdian Handoyo Ang; Anthony Lianto
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/48mscq55

Abstract

This study examines the strategic and legal implications of Mandatory Convertible Bonds (MCBs) as hybrid financial instruments that combine the characteristics of debt and equity. MCBs are distinct in that they mandatorily convert into equity at maturity, offering issuers both a mechanism to reduce leverage and a strategic tool to influence ownership structures. In the context of corporate finance, these instruments serve as a bridge between fixed-income security and potential equity participation, providing issuers with lower financing costs while granting investors the opportunity for capital appreciation. Previous studies, such as those by Chemmanur (2006) and Pajak (2008) have predominantly explored the financial efficiency, valuation models, and agency problems related to MCBs. However, limited attention has been given to their legal implications, particularly concerning their potential use in pursuing dominant control among shareholders. This paper adopts a normative juridical research method utilizing statute, conceptual, and comparative approaches to examine how MCBs are regulated and applied in Indonesia, the European Union, and the United States. The findings indicate that mandatory conversion mechanisms allow issuers to strategically dilute existing shareholders and reallocate voting power to selected investors, thereby strengthening corporate control. Such practices demonstrate the dual nature of MCBs—not only as financial innovation but also as instruments with potential implications for corporate governance and fairness among shareholders. The study concludes that to ensure equitable stakeholder protection, the issuance of MCBs requires clear regulatory safeguards and adherence to evolving international standards.
Beyond Barriers: Optimizing Legal Protection and Inclusive Business Policies for Disability Participation Deswari, Meissy Putri; Eldiva, Fiyola Triana; Ridha Annisa
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/ae4mhz07

Abstract

This research primarily aims to answer the question of how the optimization of legal protection and inclusive business policy models can strengthen the participation of persons with disabilities in the business world in Indonesia. Although a legal framework is available, the participation of persons with disabilities in formal employment remains low, indicating a gap between the legal norm and its implementation.The study employs a qualitative approach using policy analysis and empirical law to identify implementation barriers and formulate solutions based on a collaborative model. The findings indicate that most companies still view inclusive policies as an administrative obligation rather than a sustainable business strategy. Based on these findings, the Three-Pillar Inclusive Business Policy Model was developed : Regulation and Incentives, Internal Corporate Transformation, and Collaboration and Inclusive Capacity. This model integrates the roles of the government, the business sector, and disabled persons' organizations. This model introduces novelty in its inclusive governance approach, which emphasizes the synergy between law and corporate practice to strengthen the inclusive employment ecosystem. The implication is that this policy will not only enhance the effectiveness of the law and corporate compliance but also reinforce social justice and national economic contribution through increased participation of the disabled workforce. Therefore, employment inclusivity must be viewed as a strategic investment toward fair, sustainable, and humanitarian-value-oriented development.
Reformulation of the Return of State Losses as the Basis for Terminating Investigations into Corruption Crimes Widia Dewi Anggraini; Hafrida; Erwin
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/yzqs9025

Abstract

This article discuss issue law about urgency of reform of Article 4 of the Law Eradication Action Criminal Corruption in relation with recovery loss state finances and effectiveness enforcement law. Focus study directed at the problems implementation Article 4 which in practice does not provide incentives for perpetrators to recover state financial losses, because even though the losses have been recovered, the legal process continues without any different consequences. The research method used is a normative juridical approach by examining relevant laws and regulations, court decisions, and law enforcement practices. The results of the analysis indicate that the criminal system that emphasizes the retributive aspect is not fully in line with the objectives of national law, namely realizing the benefits and recovery of state finances. As a solution, this study proposes a reformulation of Article 4 by setting a limit of the value of losses below IDR 1 billion, the investigation of which can be stopped if the perpetrator has returned the entire principal loss along with interest and consequences. This approach aims to streamline law enforcement, encourage perpetrators' awareness in recovering state losses, and emphasize the orientation of criminal law on corruption towards restorative fiscal justice. Thus, this reformulation is expected to be able to balance legal certainty, benefits, and justice in efforts to eradicate criminal acts of corruption in Indonesia paragraph.
Protection for the Grand Korpri Community, Victims of the Corruption Case the Director of PT Tiga Putra Mandiri Adiswanda, Jeri Putra; Herlita Eryke
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/c6aq2h28

Abstract

This study aims to analyze the form of legal protection for the Grand Korpri community in Bengkulu City who are victims of a corruption case committed by the Director of PT. Tiga Putra Mandiri Bengkulu, as well as to examine the legal responsibility of related agencies, especially the National Land Agency (BPN) of Bengkulu City. This study uses a normative juridical approach with secondary data in the form of court decisions and laws and regulations. The results of the study indicate that the actions of the Director of PT. Tiga Putra Mandiri who used land owned by the Bengkulu City Government for housing development without a permit is a form of legal violation that fulfills the elements of a criminal act of corruption as regulated in Article 2 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. In addition, the Grand Korpri community who have purchased houses on credit are the parties most disadvantaged due to the weak supervision of land administration by the BPN. The legal protection steps taken are by carrying out administrative reconciliation steps between the Bengkulu District Attorney's Office, the Bengkulu City Government, PT. Tiga Putra Mandiri, Bank Tabungan Negara (BTN) Bengkulu Branch, Bank Negara Indonesia (BNI) Bengkulu Branch and the Grand Korpri Community through the legislative mechanism of use rights or proportional compensation.
Civil Liability of Hospitals for Tort Law of Swapped Babies: A Comparative Analysis between Indonesia and Malaysia Sherlyta Ramadhani; Dwi Aryanti Ramadhani
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/d8tj3r03

Abstract

This article examines the civil liability of hospitals in cases of swapped babies through a comparative analysis between Indonesia and Malaysia, focusing on the formulation of the elements of unlawful acts and the forms of responsibility of both countries. This issue is important because negligence in infant identification not only causes material and psychological losses but also impacts children's civil rights and reduces public trust in health services. The research method used is normative juridical research with a comparative legal approach. The main findings of this paper indicate that Indonesia assesses cases of swapped babies through the elements of unlawful acts, while Malaysia uses the tort of negligence approach. This difference gives rise to practical liability, where Indonesia tends to emphasize proving the elements of unlawful acts formally, while Malaysia provides broader scope for the standard of care test through jurisprudence. Furthermore, Malaysia has a more varied scope of compensation, while Indonesia limits the form of compensation to material and non-material losses within the limits of propriety. These findings are important for strengthening patient safety standards and hospital accountability mechanisms to be more adaptive to complex immaterial losses. The results of this study can also be used as a guideline for further research.
Notary's Accountability for Non-Compliance with Covernote Issuance in Corruption Cases Raisyha Talitha; Taupiqqurrahman
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/b0zg8y37

Abstract

The absence of specific legal provisions regarding the issuance of covernotes in Indonesia has created legal uncertainty and opened opportunities for misuse of notarial authority in issuing covernotes. This study aims to examine the authority of notaries in issuing covernotes based on the attributive authority granted by the state as stipulated in Article 16 paragraph 1 letter a of the Notary Law (UUJN), as well as to analyze the forms of notary liability concerning the irregularities in the issuance of covernotes in a corruption case under Decision Number 51/Pid.Sus-TPK/2022/Pn.Pbr. The results of the study indicate that the authority of notaries in issuing covernotes is still based on customary practice (living law) in the law of obligations and lacks a strong legal foundation. The liability that may be imposed on notaries for covernote irregularities can take the form of criminal, civil, and administrative liability. This research is expected to contribute by proposing a revision of the Notary Law (UUJN) to include specific provisions on covernotes and to clarify the mechanism of notary liability in issuing covernotes. Thus, it is expected that the legal regulation of covernotes will become more transparent and emphasize the principle of accountability.  
AgreementTech: Innovation of Employment Agreements Based on Digital Leadership in the Era of Disruption in West Sumatra Fikrina, Aulia; Sarianti, Kiki; Sucia, Yossiramah
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/ec3chr69

Abstract

This study aims to analyze the innovation of AgreementTech in employment agreements based on digital leadership in the disruption era, with a specific focus on the socio-cultural and legal context of West Sumatra. Digital transformation has reshaped employment relations through the emergence of electronic contracts and technology-based systems, yet legal certainty and organizational readiness remain major challenges. A mixed-methods approach with a sequential explanatory design was employed, in which quantitative data were collected through surveys of employees and company managers, followed by qualitative data obtained through in-depth interviews with company leaders, HR practitioners, and labor law experts. The findings reveal that the Disruption Era significantly influences employment contract innovation through AgreementTech, while the direct effect of digital leadership is not significant. Nevertheless, digital leadership strongly influences organizational readiness to face the disruption era, thereby indirectly encouraging the adoption of AgreementTech. From a legal perspective, the study highlights the need for a reconstruction of contract law norms to accommodate electronic agreements, including stronger regulation of digital signatures and the evidentiary status of digital contracts in court. Accordingly, the combination of external pressures, digital leadership, and the renewal of contract law constitutes the foundation for the implementation of AgreementTech in the digital era.
The Crisis of Legitimacy in International Trade Law: An Analysis of the Between the United States and China and Its Impact on Third Countries Mustar Lofi, R
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: 10.30652/9n11z764

Abstract

This study aims to analyze the crisis of legitimacy in international trade law within the framework of international law, focusing on the U.S.–China trade war and its implications for third countries, particularly Indonesia. The research addresses two main questions: (1) how do violations of international trade law principles manifest in the U.S.–China trade war, and (2) what are the impacts on the economic stability and legal standing of third countries in the global trade system? A normative juridical approach with qualitative analysis was employed, examining legal instruments such as the 1994 GATT and the WTO’s Dispute Settlement Understanding (DSU), supported by empirical trade data. The findings reveal that unilateral actions such as the Section 301 Tariffs and China’s retaliatory measures violated the principles of non- discrimination and Most-Favoured Nation. The trade war illustrates the ineffectiveness of WTO dispute settlement mechanisms and the erosion of compliance by major powers. For countries like Indonesia, the effects include export decline, supply chain disruptions, and investment uncertainty, though opportunities emerge through industrial relocation. The study recommends structural reforms to the WTO system to strengthen the rule of international law, restore legal certainty, and ensure justice in global trade governance amid the rise of protectionist policie.

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