Musamus Law Review最新文献_第2页

Local Government Policy Model in Utilization of Rice Harvested by the Merauke Community 梅劳克社区水稻收获利用的地方政府政策模式

Musamus Law Review Pub Date : 2022-04-29 DOI: 10.35724/mularev.v4i2.4733

J. J. Kalalo, T. Febby

{"title":"Local Government Policy Model in Utilization of Rice Harvested by the Merauke Community","authors":"J. J. Kalalo, T. Febby","doi":"10.35724/mularev.v4i2.4733","DOIUrl":"https://doi.org/10.35724/mularev.v4i2.4733","url":null,"abstract":"The harvest of farmers has not been absorbed optimally, Merauke rice is hampered in marketing, the government has the responsibility to pay attention to the needs of the community, especially farmers in the utilization of the rice harvest which is very abundant. local government policy making in the utilization of rice yields in Merauke district. This research is a normative and socio-legal legal research. This research was conducted at the Regional Secretariat of the Legal Division of Merauke Regency. The location of this research was chosen based on the approach of authority and the level of involvement of the agency. Primary data, and secondary data. The data collection used was literature study, observation and interviews. The analysis technique uses qualitative-descriptive data analysis. Characteristics and concepts of the policy model in the utilization of rice yields, is the existence of government and/or private policies to expand agricultural land. There is communication between government officials or private business entities with the utilization of the rice harvest. There are economic benefits for farmers. The land is dominated by land that is still forested and has not become agricultural land. It needs the support of human resources, water resources, infrastructure and financing. Influencing and livelihood conditions and the economy of local landowners and territories. Policy model in the utilization of rice yields” in this study with the main and supporting theories after being elaborated from the literature study and abstracted from the themes in the field, namely by looking at the existence of government and/or private policies to expand agricultural land. There is communication between government officials or private business entities with the utilization of the rice harvest. There are economic benefits for farmers. The land is dominated by land that is still forested and has not become agricultural land","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133859028","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}

引用次数: 1

The Influence of International Law in 1945 Constitution Amendments of the Republic of Indonesia 国际法对1945年印度尼西亚共和国宪法修正案的影响

Musamus Law Review Pub Date : 2022-04-29 DOI: 10.35724/mularev.v4i2.3981

R. Natamiharja, A. Rasya, Ria Wierma Putri, Desia Rakhma Banjarani

引用次数: 0

The Application of The Sustainable Development Concept In Indonesia’s Environmental Law 可持续发展理念在印尼环境法中的应用

Musamus Law Review Pub Date : 2021-10-31 DOI: 10.35724/mularev.v4i1.3949

Nurmayani Nurmayani, Eka Deviani, Risa Mahdewi, Desia Rakhma Banjarani

{"title":"The Application of The Sustainable Development Concept In Indonesia’s Environmental Law","authors":"Nurmayani Nurmayani, Eka Deviani, Risa Mahdewi, Desia Rakhma Banjarani","doi":"10.35724/mularev.v4i1.3949","DOIUrl":"https://doi.org/10.35724/mularev.v4i1.3949","url":null,"abstract":"The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116694665","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}

引用次数: 0

Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality 从无罪推定原则看对恐怖主义犯罪行为进行枪决的法律规制

Musamus Law Review Pub Date : 2021-10-31 DOI: 10.35724/mularev.v4i1.3794

Moh. Lubsi Tuqo Romadhan, N. Khotimah, Shinta Widhaningroem, Tekun Ibadata

{"title":"Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality","authors":"Moh. Lubsi Tuqo Romadhan, N. Khotimah, Shinta Widhaningroem, Tekun Ibadata","doi":"10.35724/mularev.v4i1.3794","DOIUrl":"https://doi.org/10.35724/mularev.v4i1.3794","url":null,"abstract":"The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130130847","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}

引用次数: 0

Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic 2019冠状病毒病大流行期间2020年泗水区长选举中的政治权利保护

Musamus Law Review Pub Date : 2021-10-30 DOI: 10.35724/mularev.v4i1.3757

Iman Pasu Purba, Alifia Widianti, Irma Lianna

{"title":"Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic","authors":"Iman Pasu Purba, Alifia Widianti, Irma Lianna","doi":"10.35724/mularev.v4i1.3757","DOIUrl":"https://doi.org/10.35724/mularev.v4i1.3757","url":null,"abstract":"The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116948953","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}

引用次数: 2

Patterns of Corruption Prisoners Development In Indonesia In Realizing The Objective of Corruption 印尼腐败罪犯在实现腐败目标中的发展模式

Musamus Law Review Pub Date : 2021-10-30 DOI: 10.35724/mularev.v4i1.3867

Darmawati Darmawati, Asriadi Zainuddin

{"title":"Patterns of Corruption Prisoners Development In Indonesia In Realizing The Objective of Corruption","authors":"Darmawati Darmawati, Asriadi Zainuddin","doi":"10.35724/mularev.v4i1.3867","DOIUrl":"https://doi.org/10.35724/mularev.v4i1.3867","url":null,"abstract":"Implementation of Guidance on Corruption Convicts is one of the things that must receive attention in prisons because it is one of the Extra Ordinary Crimes. In addition, most corruption crimes are committed by people who have a high social status, both in terms of their position before staying in prison as well as in terms of education and economic levels. Arrangements regarding the implementation of guidance for corruption convicts in Indonesia are regulated in the provisions of Law Number 12 of 1995 concerning Corrections and are described through Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Citizens. Regarding the guidance for corruption convicts, it still refers to the provisions of Government Regulation Number 31 of 1999 where there is no difference in terms of the implementation of coaching which is still carried out through three stages, namely the initial stage, the advanced stage and the final stage. To be able to obtain the right to parole, there are special provisions that are applied to Corruption Convicts, namely in addition to having to behave well while in prison, they must also fulfill the obligation to complete the payment of fines or replacement money to be able to submit a parole proposal.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131134880","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}

引用次数: 0

Protection of Children as Perpetrators of Criminal Act Stimulated by Pornography Based on Indonesian Laws 基于印尼法律对儿童色情刺激犯罪行为的保护

Musamus Law Review Pub Date : 2021-10-30 DOI: 10.35724/mularev.v4i1.3759

Syarif Saddam Rivanie, Avelyn Pingkan Komuna, Alif Arhanda Putra, Putera Fardhi Utama, A. Muzakkir

{"title":"Protection of Children as Perpetrators of Criminal Act Stimulated by Pornography Based on Indonesian Laws","authors":"Syarif Saddam Rivanie, Avelyn Pingkan Komuna, Alif Arhanda Putra, Putera Fardhi Utama, A. Muzakkir","doi":"10.35724/mularev.v4i1.3759","DOIUrl":"https://doi.org/10.35724/mularev.v4i1.3759","url":null,"abstract":"This study aims to find out what laws and regulations in Indonesia protect children as criminals due to being stimulated by pornography. This research uses normative legal research methods. The data used in this study are primary data and secondary data. The data analysis technique used is qualitative data analysis techniques. The study results indicate that several laws in Indonesia protect children as perpetrators of criminal act due to being stimulated by pornography. In this case, it consists of Law No. 4 of 1979, Law No. 39 of 1999, Law No. 17 of 2016, Law No. 44 of 2008, and Law No. 11 of 2012. This can be seen from all the considerations of the Panel of Juvenile Judges in deciding the criminal case of sexual intercourse committed by the perpetrator YY against the victim of FH. Therefore, it is hoped that law enforcers regarding the handling of children who commit criminal acts resulting from being stimulated by pornography can distinguish their treatment from criminal acts in general, such as theft. In addition, children who commit crimes due to being stimulated by pornography must also be accompanied by a psychologist to ensure that the child's mental condition can return to normal. Assistance by religious leaders must also be done so that children can return to the right path and be blessed by God.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128532043","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}

引用次数: 3

The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights? 伊斯兰捍卫者阵线(FPI)联合部级法令(SKB):维护法治与人权?

Musamus Law Review Pub Date : 2021-04-22 DOI: 10.35724/MULAREV.V3I2.3572

Fradhana Putra Disantara

{"title":"The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?","authors":"Fradhana Putra Disantara","doi":"10.35724/MULAREV.V3I2.3572","DOIUrl":"https://doi.org/10.35724/MULAREV.V3I2.3572","url":null,"abstract":"The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124466930","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}

引用次数: 6

Protection of Children in Child Learning During the Covid-19 Pandemic Indonesia 在2019冠状病毒病大流行期间保护儿童学习

Musamus Law Review Pub Date : 2021-04-14 DOI: 10.35724/MULAREV.V3I2.3454

Meydora Cahya Nugrahenti, Hindina Maulida

{"title":"Protection of Children in Child Learning During the Covid-19 Pandemic Indonesia","authors":"Meydora Cahya Nugrahenti, Hindina Maulida","doi":"10.35724/MULAREV.V3I2.3454","DOIUrl":"https://doi.org/10.35724/MULAREV.V3I2.3454","url":null,"abstract":"The Covid-19 pandemic has changed the implementation of face-to-face learning in schools (offline) to online. These changes make children unable to learn optimally due to various obstacles. This condition also affects the development and psychology of children. Data shows that the number of violence against children since the Covid-19 pandemic has tended to increase. On the other hand, children have the right to get protection and to grow properly in the context of education. The purpose of this study was to determine legal protection for children by analyzing legal provisions in Indonesia in protecting children's rights in online learning systems. The research method used is juridical normative with data sources obtained from primary, secondary, and tertiary sources. The data that has been collected is then presented in a structured and logical manner and analyzed descriptively. The results of the study found that legal protection instruments for children's rights in online learning systems already exist but their implementation has not been optimal. Socialization to prioritize children's growth and development rights in providing children's education rights during the Covid-19 pandemic must be more actively voiced to all Education Offices, heads of education units, educators, students, and parents of students.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"311 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133561125","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}

引用次数: 1

Relevance of Law Consumer Protection on Aircraft Post Master Flight Agent 法律对航空器消费者保护的相关性邮政总飞行代理人

Musamus Law Review Pub Date : 2019-10-31 DOI: 10.35724/mularev.v2i1.2617

Fitri Pratiwi Rasyid

引用次数: 2