Musamus Law Review最新文献_第3页

Arrangement for Issuance of Certificate of Substitute of Land Rights 签发土地权利替代证书的安排

Musamus Law Review Pub Date : 2019-10-31 DOI: 10.35724/mularev.v2i1.2270

Yana Ardila, J. J. Kalalo

引用次数: 1

Traditional Food Arrangements as Expressions of Traditional Culture 传统饮食安排是传统文化的表现

Musamus Law Review Pub Date : 2019-10-31 DOI: 10.35724/mularev.v2i1.2259

Ni Komang Irma Adi Sukmaningsih, Nico Dharmawan, M. Marwanto

{"title":"Traditional Food Arrangements as Expressions of Traditional Culture","authors":"Ni Komang Irma Adi Sukmaningsih, Nico Dharmawan, M. Marwanto","doi":"10.35724/mularev.v2i1.2259","DOIUrl":"https://doi.org/10.35724/mularev.v2i1.2259","url":null,"abstract":"Traditional Cultural Expressions have basically been protected through national law, but in their regulation traditional food is not included as part of Traditional Cultural Expressions even though traditional food is one of Indonesia's traditional cultures that also characterizes the Indonesian Nation. For this reason, it is important to study the norms that occur in this study. The purpose of this study is to analyze the traditional food protection arrangements as traditional cultural expressions and the legal consequences that will occur if a traditional food is not listed as part of traditional cultural expressions. The method in this study uses a type of normative juridical legal research with a statute approach that focuses on the study of statutory regulations regarding legal issues in this study. The sources of legal materials in this study consist of primary, secondary, and tertiary legal materials. The results of this study indicate that traditional food regulation has not been regulated as Traditional Cultural Expressions in the law in force in Indonesia precisely in Law No. 28 of 2014 concerning Copyright. The absence of arrangements related to traditional food as Traditional Cultural Expressions results in foreign parties or other countries easily recognizing the tradition, so it is necessary to regulate traditional food as Traditional Cultural Expressions.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125890272","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

Harmonization of Abortion Settings in Indonesia 印度尼西亚堕胎环境的协调

Musamus Law Review Pub Date : 2019-10-31 DOI: 10.35724/mularev.v2i1.2260

BayuArif Anggara, Made Gde Subha Karma Resen

{"title":"Harmonization of Abortion Settings in Indonesia","authors":"BayuArif Anggara, Made Gde Subha Karma Resen","doi":"10.35724/mularev.v2i1.2260","DOIUrl":"https://doi.org/10.35724/mularev.v2i1.2260","url":null,"abstract":"This study is entitled Harmonization of Abortion Law in Indonesia. Abortion today is not something that is taboo to discuss and talk about, because abortion has occurred everywhere. Abortion is a health issue that is gaining attention nowadays in Indonesia. The regulation of abortion in Indonesia is regulated by 2 (two) Laws namely the Criminal Code and the Health Law, which is where there is a conflict of norms that the Criminal Code prohibits loopholes for abortion by anyone and under any conditions. While the Health Act provides space for abortions for women with pregnancies that endanger their lives and women with pregnancies due to rape. The problem of this writing is related to the harmonization of abortion arrangements in Indonesia and abortion arrangements in the future. This research was conducted by normative legal methods. Harmonization of abortion arrangements in Indonesia is resolved with legal theory, namely the Lex Specialis Derogat Legi Generalis legal theory, meaning that if there is an abortion case in Indonesia then the source of reference or legal basis is the Health Act because it is more specific than the Criminal Code. Abortion arrangements in Indonesia in the future in the form of a Penal Code also touches on the aspect of abortion which is regulated in Article 589 to Article 592 and remains on the concept to prohibit abortion by anyone and under any conditions.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127887944","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

The Urgency of Radicalism Regulation in Legal Norms in Indonesia 印尼法律规范中激进主义规制的紧迫性

Musamus Law Review Pub Date : 2019-10-30 DOI: 10.35724/mularev.v2i1.1216

Lisa Mery

{"title":"The Urgency of Radicalism Regulation in Legal Norms in Indonesia","authors":"Lisa Mery","doi":"10.35724/mularev.v2i1.1216","DOIUrl":"https://doi.org/10.35724/mularev.v2i1.1216","url":null,"abstract":"Radicalism is a serious threat to countries in the world, Indonesia as a country that has a large area and a population that has increased the potential threat of understanding derived from radical ideology (negative), to show the efforts made by the Indonesian government in anticipating radicalism in the country then This article lightly discusses the urgency of anticipating the threat of radicalism into the rule of law and identifying the elements of radicalism to enter into a classification of crime that is different from terrorism. This research method uses a literature study that qualitatively seeks to analyze the phenomenon of rising tendencies of radicalism in Indonesia and explains the urgency of regulating radicalism into a legal norm. Discussion and analysis of research shows that radicalism is very important (urgent) to be anticipated in a rule of law so that although there are already specific rules in Law No.5 of 2017 concerning terrorism, radicalism also has urgency to be regulated by looking at elements of the pattern of crime development that different from terrorism as a crime that is more clearly characterized by actual. The results of the identification of elements of radicalism show different tendencies with more significant indicators of radicalism before the onset of terrorism.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127964797","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

Analysis of Sosio - Juridical Participation of Sota Village Government in Increasing Income of Marind Kanum Indigenous People in Sota Merauke Village Sota Merauke村Sota村政府在增加Marind Kanum原住民收入中的Sosio - legal Participation分析

Musamus Law Review Pub Date : 2019-05-15 DOI: 10.35724/MULAREV.V1I2.1276

Yuldiana Zesa Azis, N. Wijaya

{"title":"Analysis of Sosio - Juridical Participation of Sota Village Government in Increasing Income of Marind Kanum Indigenous People in Sota Merauke Village","authors":"Yuldiana Zesa Azis, N. Wijaya","doi":"10.35724/MULAREV.V1I2.1276","DOIUrl":"https://doi.org/10.35724/MULAREV.V1I2.1276","url":null,"abstract":"The Merauke regency area has a village level government, one of which is Sota village which is one of the villages located on the border of the State of Indonesia and Papua New Gunea. One of the indigenous people who inhabit the Sota village area is the Marind Kanum Tribe. Administratively for community empowerment to increase income is one of the roles of the village government, especially for the indigenous people, the increase in income still needs to be increased Because the average income of the local community is still relatively low, therefore support from various parties including local government through the relevant agencies. The purpose of this study was to find out how the role and government of the Sota village in increasing the income of the indigenous people of Marind Kanum and to determine the extent to which the laws and regulations governed that. The results of this study indicate that the participation of the village government by assigning tasks to village officials is to provide training and aquipment assistance for business to local communities and transmigration which in this case is in accordance with Law number 6 of 2014 concerning Village Government. \u0000Keywords: \u0000Participant; Sota VillageGovernment; Incrasing Income; Marind Kanum.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130675906","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

Diversion in the Form of Protection of Human Rights 以保护人权为形式的转移

Musamus Law Review Pub Date : 2019-05-06 DOI: 10.35724/MULAREV.V1I2.1126

Arhjayati Rahim

{"title":"Diversion in the Form of Protection of Human Rights","authors":"Arhjayati Rahim","doi":"10.35724/MULAREV.V1I2.1126","DOIUrl":"https://doi.org/10.35724/MULAREV.V1I2.1126","url":null,"abstract":"Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children. Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. \u0000The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state \u0000 Keywords : Human Rights , Rights of the Child , Diversion","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130801098","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

Social Change of Traditional Communities in the Direction of Modernization in the Anthropological Approach to Law 从法学的人类学视角看现代化方向下传统共同体的社会变迁

Musamus Law Review Pub Date : 2019-05-06 DOI: 10.35724/MULAREV.V1I2.1197

Emy Handayani

引用次数: 2

Adjustment of the Foundation's Articles of Association Judging from the Law Enforcement Perspective 从执法角度看基金会章程的调整

Musamus Law Review Pub Date : 2019-05-06 DOI: 10.35724/MULAREV.V1I2.1263

Fitri Pratiwi Rasyid, A. M. Muin

引用次数: 1

Accessibility of Persons with Disabilities in Realizing Elections with Integrity 残疾人无障碍在实现廉洁选举中的作用

Musamus Law Review Pub Date : 2019-05-06 DOI: 10.35724/MULAREV.V1I2.1198

Yusdar Yusdar

{"title":"Accessibility of Persons with Disabilities in Realizing Elections with Integrity","authors":"Yusdar Yusdar","doi":"10.35724/MULAREV.V1I2.1198","DOIUrl":"https://doi.org/10.35724/MULAREV.V1I2.1198","url":null,"abstract":"The right to vote and be elected is a constitutional right of citizens who are recognized as part of the rights to the same position in law and government. Elections are a very important momentum, in fact, the Election still often raises problems for persons with disabilities. Persons with disabilities are a group of persons with disabilities who most need special facilities so that they can choose independently so they can fulfill the principle of elections, namely Direct, General, Free and Confidential and Honest and Fair. So that the political rights of persons with disabilities have not been maximally fulfilled through the provision of accessibility in elections for them. This research is normative legal research. By using several methods of approach, namely: Legislative approach (statute approach), conceptual approach (conceptual approach), case approach (case approach). The results of the study show that the provision of accessibility space, not only on the momentum of giving rights (giving ballots to be tested) to persons with disabilities on voting days and hours in elections but giving accessibility to persons with disabilities in elections was given since the stages of election implementation were echoed. Ideally, Disabled Persons must have access as election organizers as well as election participants. The accessibility of persons with disabilities should not only be given to access rights as voters on the day and time of voting. \u0000Keywords:People with Disabilities; Elections; Integrity","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121978488","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

The role of the Crown Witness in the Process of Proving Criminal Cases in Indonesia 印度尼西亚刑事案件举证过程中皇冠证人的作用

Musamus Law Review Pub Date : 2018-12-22 DOI: 10.35724/MULAREV.V1I1.737

Ismail Ghonu, A. Sofyan, Nur Azisa

引用次数: 0