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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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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.

Page 4 of 4 | Total Record : 33

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