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LAW REVIEW
ISSN : 14122561     EISSN : 26211939     DOI : -
Core Subject : Social,
Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, November, and March. Law Review provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aim of this journal is to provide a venue for academicians, researchers, and practitioners for publishing original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Medical Law, Adat Law, and Environmental Law.
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Articles 5 Documents
Search results for , issue "Volume 25 Issue 1 (March 2025)" : 5 Documents clear
The Deviation of Law in the Practice of Merariq Kodeq Tradition (Underage Runaway Marriage/Elopement) of the Sasak Community in Lombok, West Nusa Tenggara Sumerah; Rodliyah; Ginting, Jamin
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.8650

Abstract

There are complex problems of underage runaway marriage/elopement practices in the Sasak community in Lombok, West Nusa Tenggara. Merariq is running off with a girl to make her a wife. The practice of merariq in the Sasak community in Lombok is rife with underage children or what is known as merariq kodeq. The focus of this research is the deviation of law in the practice of merariq kodeq tradition (underage runaway marriage/elopement) of the Sasak Community in Lombok, West Nusa Tenggara. The type of this research is descriptive qualitative with data collection from conducting observations, interviews, documentation and literature studies. The findings of this research show that some of law deviations, including the legalization of child marriage (merariq kodeq/merariq kocet), have brought about the high rate of sirri marriage practice and early divorce, giving effect to the counterproductive dispensation of marriage in the Sasak community in Lombok, high rate of early divorce, and finally has an impact on the increasing numbers of schools’ dropouts. Further investigation of this traditional merariq practice has violated the rights of a minor, and this is within the category of deviation of law, namely the law on child protection and can also be classified as a criminal act. Among the legal issues in the practice of merariq kodeq among the people of Lombok, namely, legal issues of the criminal act of taking away a minor, the criminal act of violence, the criminal act of sexual violence, and the criminal act of neglecting a child. Efforts to prevent the practice of merariq kodeq are urgently needed as in the cases raised in this research, such as reviving local culture/local wisdom with full responsibility. On the other hand, efforts are needed to optimize socialization about marriage; real government intervention is needed in persuasive and educational efforts (a marriage school is needed as a media center); and the importance of carrying out non-litigation efforts on legal issues that arise in the practice of merariq kodeq, namely, maximizing peace efforts between parties, and increasing legal awareness in society in order to prevent people from being entangled in criminal acts and legal processes or legal punishment.
Analyzing the Implementation of Islamic Criminal Law in the Nanggroe Aceh Darussalam and Within its Sharia Court Nasrullah; Nusantara, Muhammad Alwan Zain; Farhansyah, Bagaskara Yonar
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.7225

Abstract

Within the democratic Pancasila system regulated by the Indonesian government, every citizen's right is guaranteed by the government and religious organization to express their beliefs. Aceh, which has enacted regional regulations based on Islamic law and received government support for their implementation, has the freedom to establish its own policies. This study analyzes Aceh's implementation of the Criminal Code (Qanun Jinayah) as well as in its Sharia Court. The case study methodology utilized in this study is intended to provide qualitative data through description-analysis and descriptive qualitative research. According to this study, the execution of Qanun Jinayah in Aceh frequently generates controversy because certain parties believe that the implementation of the law violates human rights, which are normally maintained in democratic countries such as Indonesia. The law applies to both the Muslim and the non-Muslim Achenese. Despite this, numerous parties continue to support the execution of Qanun Jinayah, as they have complied with the exact law recognized by the Indonesian government.
Management of Royalties on Songs and/or Music in Indonesia Sunputri, Margareta Fanandi; Handono, Mardi; Sari, Nuzulia Kumala
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.7324

Abstract

The existence of a royalty system is a form of protection and fulfillment of economic rights for creators, copyright holders and owners of related rights to songs and/or music. In order to carry out royalty management for songs and/or music in Indonesia, a Collective Management Institution (which is referred to as LMK) and a National Collective Management Institution (which is referred to as LMKN) were formed. LMK and LMKN in this case have the authority to attract, collect, and distribute royalties. Through this article, the author wants to explain the management of royalties on songs and/or music in Indonesia, related to institutions authorized to carry out royalty management on songs and/or music in Indonesia, the implementation of royalty management on songs and/or music, as well as the settlement efforts that can be taken if there is a dispute over royalty management on songs and/or music in Indonesia. This research is a normative juridical research type, using the Legislation Approach and Conceptual Approach. Through this research, it can be concluded that LMK and LMKN are both entitled to carry out royalty management of songs and/or music in Indonesia. Where the withdrawal of royalties is carried out by LMKN, while the collection and distribution are carried out by LMK and LMKN. Regarding dispute resolution efforts, if there is a dispute regarding the distribution of royalties, the resolution is mediation through LMKN, while for royalty withdrawal disputes can be resolved in accordance with the provisions contained in the Copyright Law.
Questioning the Implementation of Value Added Tax on Educational Services in Indonesia Andini, Puspita; Tambunan, Maria R.U.D.
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.7519

Abstract

Law Number 7 of 2021 on Tax Regulation Harmonization has ushered in notable alterations to the Value Added Tax (VAT) stipulations within Indonesia. Notably, this law now classifies educational services as taxable entities. This study examines the background of the VAT policy on education services and evaluates it. Adopting a post-positivist approach, the research utilizes literature studies and in-depth interviews for data collection. The research shows that such a shift in policy raises concerns about legal clarity and the methods for imposing VAT. Amid public disapproval, the authorities opted to subject educational services to VAT but with certain exemptions. Despite these tax breaks, education service providers still must issue tax invoices, potentially elevating their compliance costs. However, the tax authorities have yet to provide detailed guidance on how this law affects educational service providers in terms of subjects, objects, and VAT bases. Based on the conducted research, the advised steps forward include specifying which educational services are impacted, ensuring clear communication about the legal aspects of educational services, and facilitating administrative procedures for taxpayers to meet their responsibility.
Ratio Legis Policy to Increase Women's Representation Through the Implementation of a Minimum Quota of 30% for Women in Nominations for DPR and DPRD Members Bagus, Moh; Nurmila Sari, Helga
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.9639

Abstract

Women as representatives in the strategic political making of decisions. Among the efforts made by the government to increase women's representation was setting a minimum threshold for female candidacy in the legislative and legislative elections. The policy referred to is set forth in Article 245 of Law Number 7 of 2017 concerning Elections. This research uses normative legal research methods with legislative and conceptual approaches. The provision regarding the minimum limit of 30% of women's candidacy is the implementation of constitutional rights, which is regulated in Article 28H Paragraph (2) of the 1945 Indonesian Constitution. The representation of women in the legislature was entrusted as a form of balancing and alignment of patriarchal and dominative elements in strategic policymaking. There are five ratios of an increase in female representation policy, including the existence of women in political decision-making is a counterweight to the patriarchal elements; women's brain variables are wider than men's so as to impact the different responses to an accepted issue; policy correlation with zipper system theory; policy correlation with critical mass theory; and the form of exercise of rights and duties owned by women as right holders and men as duty holders. The increase of female participation in representation can be achieved through political recruitment and the establishment of a political party-wing organization.

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