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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 38 Documents
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Legal Implications Of Mining Business Licensing Policies For Community Organisations In The Religious Sector Al'anam, Muklis; Ledy Diana
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/cnc1qw23

Abstract

Through this study, the author explores the challenges and potentials that arise from granting mining licences to religious organisations, including potential conflicts between economic objectives and moral values held by religious organisations. On the one hand, mining activities can provide economic opportunities for religious organizations and neighbouring communities, but on the other hand, these activities risk damaging the environment and contradicting religious teachings that prioritise nature conservation. The article also identifies the importance of clear policies and strict supervision to ensure that mining activities by religious organisations are not only financially beneficial but also socially and environmentally responsible. Thus, this research uses a normative method to seek truth coherence, with a statutory approach, conceptual approach and case approach. In conclusion, this article recommends the need for stricter regulations, transparency in the licensing process, as well as strengthening dialogue between the government, religious organisations and the community to ensure the sustainability of these activities in line with existing religious and social values.
THE PRINCIPLE OF BALANCE IN THE PROTECTION OF WORKERS AND EMPLOYERS BASED ON LABOR LAW REFORM Rahmat GM Manik
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/annb1s28

Abstract

Industrial relations regulation is a fundamental aspect of the national employment system, aiming to bridge the interests of employers and workers fairly and reflect the principle of balance. This study aims to determine the principle of equitable balance between worker protection and business flexibility in the reform of national labor law. This research uses a normative juridical approach focused on a literature review and analysis of relevant legal principles, concepts, and theories. Previous regulations emphasized worker protection as an effort to prevent injustice to vulnerable workers. The reform of labor law through the Job Creation Law seeks to reposition the balance by providing greater flexibility for employers and reducing the burden of labor costs, for example through adjustments to severance pay and expansion of PKWT (Working Permit) contracts. The main finding is that the reform brings a shift in the value of normative balance, focusing more on economic efficiency and business certainty for employers, while still striving to maintain worker fairness through schemes such as the Job Loss Guarantee. This reform, while providing operational convenience for employers, raises crucial questions about whether an optimal and equitable balance has been achieved, or whether it has instead created a new imbalance in which basic worker rights are sacrificed for economic flexibility. A just balance demands recognition of the strengths and vulnerabilities of both parties, as well as the formulation of regulations that enable inclusive economic growth and adequate social protection.
Summoning Absent Defendants in Divorce Cases: Fast, Simple, and Low-Cost Justice Fadli, Wan Ferry
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/rptdj326

Abstract

This study analyzes the application of Article 27 of Government Regulation Number 9 of 1975 concerning the Implementation of the Marriage Law related to the procedure for summoning defendants whose whereabouts are unknown in divorce cases in the District Court. This study uses a normative juridical method with a regulatory and conceptual approach to assess its conformity with the principles of simple, swift, and inexpensive justice. The results of the study show that Article 27 normatively serves to maintain legal certainty and prevent the obstruction of judicial proceedings due to the defendant's absence. However, regulations that rely on summonses through conventional mass media reflect a legal framework that is no longer fully relevant to developments in information technology and the digitization of the judiciary. This includes the lengthy summons period, which can take months, slowing down the court proceedings. In the context of modern justice, which is characterized by the implementation of e-Court and e-Litigation systems, a progressive interpretation or regulatory update is needed so that the summons procedure remains effective, efficient, and in line with the principles of access to justice and procedural justice.
Criminological Study of the Influence of Social Media on Cyberbullying Crimes in Indonesia Aditya Restu Hapriyanto; Bintara Sura Priambada; Aris Setyo Nugroho
Melayunesia Law Vol. 10 No. 1 (2026): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/8r01ve22

Abstract

The rapid advancement of digital technology has transformed patterns of human interaction, particularly through social media, which has become an integral part of everyday life. In Indonesia, social media usage is remarkably high, with teenagers representing one of the largest and most active user groups. Although social media provides various benefits such as communication, entertainment, and self-expression, it also facilitates negative behaviors, including cyberbullying. Cyberbullying refers to repeated acts of intimidation, humiliation, or harassment conducted through digital platforms with the intent to cause psychological harm. This study employs normative legal research methods with a criminological approach to analyze the influence of social media on cyberbullying in Indonesia. From a criminological perspective, cyberbullying is associated with factors such as anonymity, peer influence, weak social control, and the viral nature of digital interactions, which encourage deviant behavior in cyberspace. The legal framework in Indonesia, particularly the Electronic Information and Transactions Law (UU ITE) and of the Law of the Republic of Indonesia Number 1 of 2023 on the Penal Code (KUHP), provides the basis for criminal liability for cyberbullying perpetrators. However, law enforcement faces significant challenges due to the dynamic and borderless characteristics of cyberspace. This study contributes to understanding social media as a catalyst for cyberbullying and emphasizes the importance of criminological theory in addressing its root causes. Furthermore, it highlights the urgency of comprehensive preventive measures, including legal reform, digital education, and strengthened parental supervision, to reduce the risks and impacts of cyberbullying among Indonesian youth.
Victim-Centered Justice Revisited: Rebalancing Power in the Restorative Justice System Iwan Sumiarsa; Yasmirah Mandasari Saragih; Tuti Widyaningrum; Wagiman
Melayunesia Law Vol. 10 No. 1 (2026): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/e3rsgd67

Abstract

The contemporary criminal justice system continues to marginalize victims by prioritizing state authority and a perpetrator-centric paradigm, although restorative justice is increasingly prominent as a victim-centered alternative. This condition reveals a persistent gap between the normative promise of restorative justice and its practical realization. This study examines how victim-centered justice is conceptualized and implemented in the restorative justice system, with particular attention to the role of power relations. Using conceptual and theoretical legal research approaches, this study applies critical and system-oriented analysis to examine restorative justice as a normative and institutional framework. These findings suggest that the main limitation of restorative justice stems not from the absence of victim participation, but from the structural conditions that limit such participation. Legal subordination, institutional marginality, symbolic inclusion, and unaddressed power asymmetry systematically limit agency and victim's influence over outcomes. As a result, restorative justice often reproduces existing inequalities rather than redressing them. This study offers a new reconceptualization of victim-centered justice by positioning the rebalancing of power as a fundamental principle of the restorative justice system. The contribution advances a power-sensitive theoretical framework and provides practical insights for strengthening the agency, legitimacy, and substantive justice of victims in restorative practice.
Legal Liability of Notaries for Formal Defects in Deeds of Guarantee as Instruments of Evidence in the Resolution of Financing Disputes: An Analysis Based on the Theory of Evidence and the Theory of Legal Responsibility Elsa Novitri; Budi Santoso; Elli Ruslina
Melayunesia Law Vol. 10 No. 1 (2026): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/tnjkj213

Abstract

This study examines the legal liability of notaries for formal defects in security deeds and their implications for the evidentiary value of such deeds in the resolution of financing disputes. Authentic deeds serve as a primary legal instrument for ensuring certainty in high-risk financing transactions; therefore, any formal non-compliance may significantly affect their probative force. The central issue addressed in this research is how formal irregularities influence the evidentiary strength of security deeds and to what extent a notary may be held liable when such defects result in losses to the parties involved. This research employs a normative legal method, applying statutory, conceptual, and case-based approaches. The findings demonstrate that formal defects may undermine both the external and formal evidentiary validity of security deeds, potentially degrading their status to private deeds. Such a shift weakens the creditor’s evidentiary position and impairs the effective enforcement of secured rights. From the perspective of liability theory, notarial accountability is generally fault-based, requiring proof of negligence or intent, actual damage, and a causal nexus between the notary’s conduct and the loss incurred. The novelty of this article lies in the development of an integrated analytical framework that bridges evidentiary theory and liability theory to distinguish between reparable formal defects and fatal defects that directly diminish evidentiary force. The study underscores the necessity of strict procedural compliance, heightened professional diligence, and proportionate accountability mechanisms to safeguard legal certainty in financing practices while preserving the institutional independence of the notarial profession.
Legal Validity of Nominee Agreements in Land Ownership by Foreign Nationals and Notary Liability in Indonesia Devina Alodia
Melayunesia Law Vol. 10 No. 1 (2026): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/29sdfq11

Abstract

Foreign investment in Indonesia contributes positively to the country's economic growth but may also pose challenges, particularly in the realm of national land ownership. Indonesian law, under the Basic Agrarian Law (UUPA), recognizes the principle of nationality, which grants ownership rights over land exclusively to Indonesian citizens. To circumvent this restriction, foreign nationals often use nominee agreements with Indonesian citizens, allowing the nominal holder to act as a proxy while the foreign party retains the actual benefits of land ownership. This practice, however, conflicts with the provisions of Article 21 and Article 26(2) of the UUPA, which prohibit the direct or indirect transfer of ownership rights to foreigners, rendering such transactions null and void, with the land reverting to the state. Notaries are frequently involved in formalizing nominee agreements through authentic deeds, raising questions about the legality of such acts and the notary's responsibility. This study examines the legal validity of nominee agreements and the accountability of notaries in facilitating these transactions, using case analysis, including the Denpasar District Court Case No. 325/PDT.G/2014/PN DPS and subsequent appeals. The findings highlight the tension between foreign investment practices and Indonesian land law, emphasizing the role of notaries in upholding legal certainty.
The Fulfillment of Moral Rights and Economic Rights in the Commercial Use of Personal Portraits on Instagram Alessandra de Rionny; Rika Lestari; Setia Putra
Melayunesia Law Vol. 10 No. 1 (2026): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/bwynf124

Abstract

This article examines the fulfillment of moral and economic rights in the commercial use of personal portraits on Instagram, where the rapid growth of digital business has intensified the unauthorized exploitation of visual content. This study aims to analyze the extent to which these rights are fulfilled and to identify commonly used dispute resolution mechanisms. The research employs a sociological legal method with a case approach, utilizing primary data obtained from 50 portrait owners and 15 business actors, supported by relevant literature. The findings reveal that the fulfillment of these rights remains inadequate, as many individuals receive only attribution without economic compensation and demonstrate limited awareness of their legal rights. Dispute resolution is predominantly conducted through informal and non-litigation mechanisms, such as direct communication and platform-based reporting, rather than formal legal processes. The novelty of this study lies in its focus on non-commercial individuals within a single social media platform, integrating empirical analysis with reward theory and principled negotiation theory. These findings underscore the urgency of strengthening legal awareness, improving enforcement, and enhancing the effectiveness of dispute resolution mechanisms to ensure more comprehensive protection of creators in the digital environment.  

Page 4 of 4 | Total Record : 38

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