Melayunesia Law最新文献

{"title":"Law Enforcement Review of Internet Access Restrictions in Papua","authors":"R. H. Rado","doi":"10.30652/ml.v7i1.7903","DOIUrl":"https://doi.org/10.30652/ml.v7i1.7903","url":null,"abstract":"Actions to limit internet access in Papua by the Government to quell mass demonstrators in Papua have become a polemic to this day. This research focuses not only on how the process of taking these actions and the side effects, namely human rights issues, but also has implications for aspects of law enforcement that are in the spotlight. This research uses normative juridical research with primary legal material in the form of laws and regulations combined with analytical descriptive studies. The results of the study found that there is no basis for government legitimacy to limit internet access, which may be limited to restrictions on access to electronic information (social media) containing violations of the law, so apart from being said that the action violates human rights (HAM), law enforcement that can be applied to the government both in the fields of administrative law, civil law, and criminal law as long as the elements are fulfilled.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129157306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Community Legal Culture in Preventing and Dealing with Domestic Violence (KDRT) in Pekanbaru","authors":"M. R, E. Firdaus, Separen -","doi":"10.30652/ml.v7i1.7977","DOIUrl":"https://doi.org/10.30652/ml.v7i1.7977","url":null,"abstract":"Article 1 of Marriage Law No. 1 of 1974 defines the boundaries of what is meant by marriage, namely as an inner and outer bond between a man and a woman as husband and wife to form a happy and eternal family (household) based on Belief in the One God. Human Rights Act No 39 of 1999 also regulates the ban on violence against human beings. Even Elimination of Discrimination Against Women Act Number 7 of 1984 concerning the was also present to reinforce the legal framework that domestic violence is a prohibited act that degrades human dignity. Elimination of Domestic Violence Act Number 23 of 2004 invites everyone to respect human rights by not committing violence either physically or psychologically. In practice, however, cases of domestic violence can be assimilated to the tip of the iceberg. Pekanbaru is the capital city of Riau Province, whose people adhere to Malay customs based on: Adat with Sara, Sara, and Kitabullah joints. Ideally, in line with the values in efforts to prevent domestic violence in the Law on Marriage and Handling Domestic Violence with a legal approach and legal culture, the community should be able to anticipate the high number of domestic violence in Pekanbaru. However, the increasing number of cases raises the question of how the legal culture of the community approaches family violence prevention and response.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127650863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rechtssicherheit Alternative Dispute Resolution in Financial Services (LAPS SJK) as a Forum for External Dispute Resolution in Services of Consumer Complaints through Consumer Protection Portal Application (APPK)","authors":"Riri Lastiar Situmorang, A. Gunadi","doi":"10.30652/ml.v7i1.7973","DOIUrl":"https://doi.org/10.30652/ml.v7i1.7973","url":null,"abstract":"The Financial Services Authority (OJK) is an institution formed with one of its objectives that is protecting Consumers and public interets. OJK provides complaint services by having an adequate system, making the complaint mechanisms of Consumers handling and facilitating complaints settlement.  The complaint mechanism is carried out by establishing two stages of Consumers services, namely internal dispute resolution (IDR) which, if not completed, enters the external dispute resolution (EDR) stage, namely the court and the alternative dispute resolution institution that received OJK approval, namely LAPS SJK.   In addition, at the beginning of 2022, OJK prepared a system, namely the Consumer Protection Portal Application (APPK) as a forum for resolving complaints at the IDR stage and through APPK the complaints can be forwarded by consumers to LAPS SJK. The purpose of this research is to know and understand legal certainty aspect in the appointment of the LAPS SJK forum that associated with the basic principle of dispute resolution which is the agreement between the parties including Financial Services (PUJK). This research was conducted using normative research with data collection through literature study.  Based on the results of the research, PUJK’s agreement is needed in choosing the forum of settlement whether through the court or alternative dispute resolution. But as stipulated in the regulations, the alternative dispute resolution institution for financial services just LAPS SJK.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126793074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL SECURITY OF LAND OWNERSHIP POST EARTHQUAKE IN PALU","authors":"S. Sudjito, Shindy Nadya Sampelan, Tatit Hariyanti","doi":"10.30652/ml.v6i2.7880","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7880","url":null,"abstract":"This study aims to find out the efforts to provide legal certainty for land ownership after the earthquake in Palu. The research method is normative empirical, using a legal approach, conceptual approach, and case approach. Data collection is done through interviews and secondary data. The collected data were analyzed qualitatively through reasoning and legal arguments. The results of the analysis are interpreted based on the theory of legal certainty and the theory of land registration. The results of the study show that there have been concrete efforts from the South Sulawesi BPN Regional Office to provide legal certainty for the earthquake-affected lands in Palu. Land with the status of completely destroyed or partially destroyed, no certificate of land ownership is issued. In the Red Zone or Disaster Prone Zone, it is prohibited to be inhabited, either permanently or temporarily. Another work that must be carried out immediately is the registration of partially destroyed lands.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121864726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANOMALY OF THE AUTHORITY OF THE DISTRICT COURT IN EXAMINING AND RESOLVING FOOTBALL SPORTS DISPUTES IN INDONESIA","authors":"Muhammad Zulhidayat, Separen Separen","doi":"10.30652/ml.v6i2.7860","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7860","url":null,"abstract":"Sports problems are currently very much in Indonesia, the dynamics of sports in Indonesia have indeed developed rapidly until now it has shifted to the direction of the industry involving various stakeholders. This development certainly has positive things, but on the one hand, it has problems that are also increasingly complex. In the latest case, Persipura Jaya filed a lawsuit with the Central Jakarta District Court to sue Barito Putera. Persib Bandung because Persipura considers that there is match-fixing. If you look at the lawsuit, Persipura Jayapura asked the District Court to cancel the match between Persib Bandung and Barito Putera, this ini became very interesting because the sports team was taken to the District Court.   This article will analyze the position and function of the District Court according to the ius constitutum and the extent of the authority of the District Court to examine and decide sports dispute cases in Indonesia. This article will use normative juridical research methods. The research results conclude that the position and function of the District Court are to examine, adjudicate and decide Criminal and Civil cases in the first instance. The District Court has no authority to resolve disputes in sports. This is because there is no rule on this. The suggestion in this sense is that Indonesia must have a judicial institution that specializes in handling sports cases, such as CAS in Switzerland, so there needs to be a revision of laws and regulations if Indonesia wants to create a special court regarding sports.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131834995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Customary Government System in Koto Tuo Baserah Kuantan Singingi","authors":"S. Putra","doi":"10.30652/ml.v6i2.7865","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7865","url":null,"abstract":"The objectives in this study are; to find out the customary government system and  the role of customary devices in Koto Tuo Baserah Kuantan Singingi. This method of research is sociological. The leader in Koto Tuo is called Datuk Bisai or Datuk Penghulu with the title Datuk Godang. Meanwhile, the top tribal leaders in the village of Kuansing are called mamak soko. The are four tribes in Kuantan Singingi. They are Tigo Kampung entitled Jolak Samano, Limo Kampung titled Datuk Bandaro, Cermin titled Godang, and Melayu titled Datuk Paduko. In Koto Tuo regency is guided by 4 traditional stakeholders, namely: Penghulu (mamak soko / chieftain), Monti, Dubalang, and Malin, an Islamic religious figure. Then 3 Traditional Leaders in one tribe have representatives, each tribe is divided into 3 Jurai (Departments). The role of Datuk Penghulu and other traditional stakeholders in Koto Tuo is still partly ongoing. However, there are shifts in the role of traditional stakeholders in village government. They are: the role of traditional stakeholders in terms of marriage, divorce, privately owned land, livestock, fields, civil cases and criminal cases. And the role of traditional stakeholders in village government that has not shifted is in terms of customary land and heritage treasures. The Factors causing the shift in the role of indigenous stakeholders in village government are : globalization, contact with other cultures, modernization, community dissatisfaction with certain areas, an increasingly educated, heterogeneous and growing population.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125748160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Application Of Restorative Justice In View FromRepublic Of Indonesia Prosecutor's Regulations Number 15 Of 2020 Against Termination Of Prosecution In The Legal Territory Of The Riau High Court","authors":"G. Olivia","doi":"10.30652/ml.v6i1.7809","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7809","url":null,"abstract":"The concept of restorative justice is a critique of the concept of the criminal justice system which sees crime as a violation of state rules. The state has the right to punish violators in order to create social stability. this is a concept of colonial heritage which is considered not to have a positive impact on reducing crime rates and recidivism rates.On the other hand, Law Enforcement Officials have different perspectives regarding the termination of prosecution of cases that have been resolved based on restorative justice, where the perspective of Law Enforcement Officials itself is not in line with the intent of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 itself. So with such situations and conditions, in practice there are still double standards in the application of Restorative Justice as referred to in the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020. Itshould be when the perpetrator and the victim have made peace based on restorative justice, namely restoration back to its original state, The position of the Law Enforcement Apparatus is only to declare from what has been agreed upon by the Victim and Perpetrator so that the termination of prosecution based on Restorative Justice can be achieved. This study uses a juridical sisiological method to analyze the problem. Researchers found Riau There are differences of opinion in understanding the Instructions for the Implementation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Concepts and Efforts to Overcome Internal ProblemsApplication of Restorative Justice to Termination of Prosecution in the Legal Area of the Riau High Prosecutor's Office It has been running as the regulation was issued with the aim of promoting justice in the community","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127621923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Universal Character of Crime: The Mother of All Wounds That Never Healed","authors":"Herman Bakir","doi":"10.30652/ml.v6i2.7900","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7900","url":null,"abstract":"This article aims to contribute thoughts in response to a series of questions around general issues related to (1) crimes that involve individual humans as perpetrators, and (2) traits inherent in the structure of every crime. The method that guides this work in formulating a comprehensive vision of truth is “conceptual analysis”. The author, therefore, will strip and decipher the standard concepts of crime down to their most elementary units. All data that is qualified to be processed analytically-conceptually is bibliographical (electronic and manual) data. The data collection stage is guided by keywords. Results: (1) Crime is an intersubjective activity. Every behavior can be qualified as evil/criminal as long as the element of dolus malus has been fulfilled, or at least, it expresses a shape of indifference from the perpetrator that can harm the soul, body, and property of others (culpa). There is no other definition beyond this which will be more significant in showing its normative-juridical and socio-juridical character. (2) everyone can become evil as long as there are: (a) potential victims; (b) mens rea, and (c) opportunity. The reason: we are creatures endowed by God with the skills to (a) defend ourselves and (b) project a better life in the future. Whoever the person is, one day may become an easy target in the act of violence because basically, people outside of us are selfish beings who carry natural talent as criminal beings wherever they go, homo homini lupus; (3) every crime has three general characteristics: (a) destructive; (b) antisocial; and (c) producing wounds that are often incurable.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128365871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL POLICY ON CONVICTING CORRUPTION OFFENDERS WHO HAVE RETURNED STATE FINANCIAL LOSSES FROM THE PERSPECTIVE OF JUSTICE","authors":"Sukatmini Sukatmini, Erdianto Effendi, M. R","doi":"10.30652/ml.v6i2.7905","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7905","url":null,"abstract":"The criminal law policy based on Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes regulates the return of state financial losses does not eliminate criminals, but the implementation of the provisions of Article 4 has not been implemented as appropriate. In practice there are irregularities in which the return of relatively small amounts of state losses can be stopped from investigation and eliminate the criminals of corruption. Moreover, the return of state financial losses was not a consideration for the Judge to commute the sentence to be imposed on the defendant. Therefore, in this study, it is necessary to study to evaluate the Legal Policy on punishment of perpetrators of corruption crimes who have returned state financial losses based on the provisions of Article 4 of Law No. 31 of 1999 concerning the Eradication of Corruption Crimes and analyze the Renewal of the Law on the punishment of perpetrators of corruption crimes that have returned state financial losses from a justice perspective. The purpose of this study is to find out the appropriate Criminal Law Policy against perpetrators of corruption crimes that return state financial losses from the perspective of justice for the future. This type of research method is legal research with a normative juridical approach that focuses on synchronizing laws, principles and legal doctrines. The data studied are library materials or secondary data, and tertiary legal materials, then discussed and presented descriptively. Forms of criminal law reform that can be applied to perpetrators of corruption crimes that have returned state financial losses in the future from the perspective of justice include: Renewal of the formulation of criminal threats that are cumulative imperative changed to cumulative and renewal of the regulation of the main types of crimes in the form of social work crimes that can be an alternative to imprisonment and an alternative to fines and formulation of the plea concept  bargaining as a procedural law for corruption and the formulation of the concept of restorative justice in the criminal act of corruption in the form of culpa or negligence.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130704542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Philosophical Analysis of the Positive Legal Paradigm in Indonesia in Perspective of Article 1 paragraph (3) of the 1945 Constitution","authors":"Hengki Firmanda, Putri Aqila, Rifqi Anugrah Tama","doi":"10.30652/ml.v6i2.7885","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7885","url":null,"abstract":"The concept of human life is inseparable from the law to create an atmosphere that allows humans to be protected and live side by side in peace. As provided in Article 1 (3) of the 1945 Constitution of the Republic of Indonesia states \"that the State of Indonesia is a country founded on law.\" The consequence of the existence of these provisions is that the State of Indonesia must uphold the law and its actions must be based on laws or regulations created in regulating an order within the government including its citizens. Indonesia is based philosophically on the prevailing positive law paradigm. So this is a research study to analyze, what is the philosophical analysis of the positive legal paradigm in Indonesia from the point of view of Article 1 (3) of the 1945 Constitution.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133482253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}