Unram Law Review最新文献

{"title":"A Violation of Woman’s Rights under Tradition of Belis in East Nusa Tenggara, Indonesia","authors":"Wawan Suriadi, Shahrul Mizan Ismail","doi":"10.29303/ULREV.V5I1.157","DOIUrl":"https://doi.org/10.29303/ULREV.V5I1.157","url":null,"abstract":"Indonesia as a legal state has ratified several instruments of international law in order to protect women's rights. But restraint and violations of women's rights are still common. In East Nusa Tenggara, high dowry or Belis often trigger violence against women. This is triggered by the perception that the transfer of women's rights when the dowry or Belis has been paid by the men to the women’s family who ultimately give the ability and arbitrariness of men to commit acts of violence. So, the purpose of this study is to review more comprehensively how the practice of giving Belis or dowry in terms of international law and analyze the extent to which international and national law provides protection for the rights of women who are victims of violence. This research is legal doctrinal research using qualitative method. This research was conducted in literature by studying legislation at the national and international level, books, articles, journals, scientific reports related to the issues studied. From this study, it was found that the practice of giving Belis in the form of dowry in marriage is a cultural practice that is also protected by domestic and international law as part of the way of life or cultural rights. Acts of violence in the form of restraint on women's rights due to the repayment of Belis is a violation of women's human rights. So that these two things must be seen from two different sides. The number of national and international legal instruments does not guarantee that it can overcome the problem of violence against women. The legal culture of society in the form of high legal awareness and the willingness and commitment of the state is one step forward in order to provide protection of women's rights.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"111 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113982147","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":"Liability of The Holding Company for Unlawful Actions In Group Companies","authors":"Magfirah Bachmid","doi":"10.29303/ULREV.V5I1.134","DOIUrl":"https://doi.org/10.29303/ULREV.V5I1.134","url":null,"abstract":"Economic development in Indonesia has progressed significantly from year to year, so has the development of national companies either in the form of a single company, joint venture, or group company in the form of PT, CV and so on. The development referred by this research is the development of group companies consisting of holding companies and subsidiary companies where the leadership system of the group company is centralized so that it has the potential to arise an abuse of authority from the holding company, one of which is illegal acts arising from the legal relationship between the holding company and its subsidiary within the group company. This can be seen in the case decision of the Supreme Court of the Republic of Indonesia No.89 PK/Pdt/2010 between PT. Effem Food, Inc and PT. Effem Indonesia against PT. Smak Snak regarding violations of distribution activity. The purpose of this study was to determine the form of liability from the holding company to the subsidiary in the event of an illegal act in the group company based on the decision of the Supreme Court of the Republic of Indonesia No. 89 PK/Pdt/2010. Based on the Judge's assessment and consideration of the evidence of losses suffered by the plaintiff, namely PT. Smak Snak, against the bad faith of the defendants, namely PT. Effem Food, Inc. and PT. Effem Indonesia, causing the panel of judges to place joint liability on PT. Effem Food, Inc. and PT. Effem Indonesia for their illegal actions as the holding company against PT. Smak Snak as a subsidiary. This decision is a manifestation of the application of piercing the corporate veil to the holding company and its subsidiary due to the ownership of PT. Effem Food, Inc. over 90% shares of PT. Effem Indonesia, regarding to this case, PT. Effem Food, Inc. acting as the holding company of PT. Effem Indonesia which exercises to control over the operational activities of its subsidiary. This research is a normative research with a conceptual and statutory approach","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131679162","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 Policy On Law Enforcement Of Illegal Sand Mining In Special Region Of Yogykarta","authors":"M. Purwoko","doi":"10.29303/ULREV.V5I1.155","DOIUrl":"https://doi.org/10.29303/ULREV.V5I1.155","url":null,"abstract":"This research aims to examine the inhibiting factor of electronic mortgage registration procedures. The type of this research is empirical normative legal research by using the statutory, conceptual and empirical approach. The result shows that the electronic registration of mortgage performed through several steps, namely: (1) login to the application of electronic land services; (2) choosing the mortgage service on the menu bar; (3) submit an application to make a mortgage file; (4) completing the entry; (5) uploading the necessary documents; (6) confirming file; (7) paying a deposit order for the security rights registration; (8) recording and issuance of mortgage certificate. While the inhibiting factors on the electronic registration of mortgages are: (a) there is some official land registrar (in short term known as PPAT) who do not understand the registration procedures of electronic mortgage rights services. (b) the PPAT has not validated and registered their data in the PPAT Partner application at mitra.atrbpn.go.id; (c) the creditors have not validated and registers in the financial services partners application at mitra.atrbpn.go.id (d) the certificate of land rights has not been validated which will be used as the object to grant a mortgage right. Before the deed of mortgage rights granted, at the time of the checking the PNBP can only be paid a day after the validation completed; (e) the server problem which often occurred when uploading the requirements and the deed documents; (f) the required documents for filing a mortgage rights application are not complete.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134315869","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":"Credit relaxation Policy Affected by Covid-19 at Bank BRI Nogotirto Unit","authors":"Muhammad Jauhar Shiddiq, Danang Wahyu Muhammad","doi":"10.29303/ULREV.V5I1.152","DOIUrl":"https://doi.org/10.29303/ULREV.V5I1.152","url":null,"abstract":"  \u0000This research purpose to determine the implementation of relaxation policies based on POJK No.II / POJK.03/2020 and to examine the apply the precautionary principle (prudential principal) after the issuance of POJK No.II/POJK.03/2020 on Bank BRI Nogotirto Unit. This is using empirical juridical method with qualitative analysis then inductive-verification testing is carried out on the latest facts contained in societyThe results of this show indicate that the implementation of the relaxation policy at the BRI Nogotirto Unit is in accordance with POJK No.II/POJK.03/ concerning 2020  National Economic Stimulus related to the requirements and procedures for applying  for credit restructuring, namely the the debtor is experiencing payment difficulties (principal and/ or interest on credit), the debtor has good business prospects, shows good faith and is willing to fulfill credit obligations after restructuring. The implementation of the bank's prudential principle (prudential principal) after the POJK was enforced at the Bank BRI Nogotirto  uinit  by  mapping  the  affected customers  according to the categories regulated by POJK, carrying out a restructuring  scheme  based  on  the  decrease  in turnover due to Covid-19, conducting debtor survival assessment, application of 5C principles are Character, Capacity, Capital, Collateral and Economic Condition of as well as based on the principles of objectivity, independence, avoiding confiicts of interest, and fairness in implementing credit restructuring at Bank BRI Nogotirto. \u0000 ","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130094041","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":"Mechanism of Business Contract Drafting in Supporting Economic Activities","authors":"Muhammad Sood","doi":"10.29303/ulrev.v4i2.124","DOIUrl":"https://doi.org/10.29303/ulrev.v4i2.124","url":null,"abstract":"The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128510758","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 Responsibility Of Land Office On Landfarm Functional Shift To Housing","authors":"Tanazza Zalsabella Firsty, I. Koeswahyono, Rachmad Safa’at","doi":"10.29303/ulrev.v3i2.74","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.74","url":null,"abstract":"Regarding the transfer of agricultural land to housing, the reduction in the area of agricultural land in Blitar City is due to land conversion functions such as the construction of housing and other public facilities that are not in accordance with article 3 paragraph (1) letter g PERDA of the Blitar City Spatial Plan. In fact, regulations with reality that occur in the field are not in accordance with applicable regulations. The facts that occur on the ground are agricultural land being converted into housing that causing agricultural land to decrease. Based on this, the author made this study with the aim of analyzing the implementation of policies and accountability of the Blitar City Land Office for the conversion of agricultural land for housing in Blitar City.The research method used by the author is juridical empirical with a legal sociology approach. From the results of this study, it can be concluded that there is a lack of firmness in law enforcement towards the conversion of agricultural land which is still quite widely found in buildings in the form of housing and land converted to other non-agricultural land and not licensed. The results of the study show that there is a need for coordination between the City Government as a policy maker and agencies related to the conversion of agricultural land for housing, so that integrated supervision can be carried out so that changes in land use can be known earlier so that agricultural land does not decrease every year.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"64 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":"122727940","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":"Political Intervention in Indonesian Legislation","authors":"M. Satria, Munajah Munajah, Sulistia Ningsih Rahayu, S. Suryadi","doi":"10.29303/ulrev.v3i2.64","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.64","url":null,"abstract":"The purpose of this research discusses political intervention in legislation in Indonesia to examine the problems that occur in the process of making laws. Based on the problems examined by the author, the research method used is a normative research method. Normative legal research methods or library research methods are methods or methods used in legal research conducted by examining existing library materials. Law intervention results in the form of ratification of the agenda of the intervention, and the Articles then become the basis for activities that are detrimental to the people at large and are contrary to ideology, religion for the Indonesian people. Thus, the intervention of the Law harms the nation extensively.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"46 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":"114628488","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 Certainty of Limited Partnership that Registered in the District Court After The Effective of the REgulation of Ministry of Human Rights and Law Affairs","authors":"Diman Ade Maulada, Arifa Rahman","doi":"10.29303/ulrev.v3i2.85","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.85","url":null,"abstract":"The establishment of limited partnership (CV) based on Trade Law Code was made with an authentic deed by the authorized notary, then registered at the Registrar's Office of the competent District Court and announced in state news. However, after the enactment of the Minister of Law and Human Rights Regulation No. 17 of 2018 there was a change in the registration process limited partnership (CV) as regulated in the Trade Law Code (KUHD). Registration for the establishment of limited partnership (CV) is done at the Ministry of Law and Human Rights and no longer in district courts. But after the enactment of Regulation of Ministry of Law and Human Rights Number. 17 of 2018 it turns out there are still a number of applicants who submitted registration of limited partnership (CV) at the Registrar's Office of the local District Court and by the Registrar's Office the District Court still accepted the registration, even though in accordance with the applicable rules the authority of the Registrar's District Court to ratify the registration of the Joint Fellowship (CV) has already received the registration. abolished. This then raises the question whether the establishment of limited partnership (CV) that has been registered in the state court both before and after the enactment of Regulation of  Number 17 Year 2018 has been legally valid so as to provide legal certainty for the limited partnership. If we see limited partnership (CV) registered in the district court before the enactment of the Ministry of Law and Human Rights Number. 17 of 2018 is legally valid because its establishment is based on the provisions stipulated in the Trade Law Code, thus providing legal certainty for the owners of the limited partnership with the obligation to record the registration of the alliance limited partnership (CV) in the business enterprise application system (SABU) as stipulated in the provisions of article 23 paragraph (1) Permenkumham Number 17 of 2018 by attaching a statement from the court. Whereas for limited partnership (CV) which was abandoned in the district court after the enactment of the Ministry of Law and Human Rights Number. 17 of 2018 is not legally valid because the registration process is still using the old provisions so the limited partnership (CV) must apply for re-registration in accordance with the procedures stipulated in the Ministry of Law and Human Rights Number. 17 of 2018 so as to obtain a guarantee of legal certainty.","PeriodicalId":406021,"journal":{"name":"Unram 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":"114477441","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":"History of the Arrangement of Contempt of The President in Indonesia","authors":"Baiq Juli Nirtalina, Adebayo Mahmud, A. Gani, Dena Murdiawati","doi":"10.29303/ulrev.v3i2.60","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.60","url":null,"abstract":"This research aimed to find out the existence history of the Article on the arrangement of contempt of the President or vice President in Indonesia from the old order (orde lama), new order (ordebaru) to reformation era. Type of this research is normative legal research under conceptual approach which studied literatures through library research. The collected materials were processed and analyzed qualitatively with deductive thinking method. Research result indicates that the regulation on contempt of the President and vice President in Orde Lama andOrdeBaru era were accordingly to the Dutch colonial era. The regulation was terminated in the reformation era through the decree of the Supreme Court No.013-022/PUU-IV/2006 since it considered contradict the constitution 1945 (UUD 1945). Furthermore, contempt of the President and vice President regulated under Article 207 KUHP or Article 310-312 in term of the President or vice President regarded as ordinary civilian excluded their privileges as the law and human rights guaranteed each citizen’s equation before the law.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"207 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":"121849667","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 Politics Of Corporate Responsibility In Indonesia’s Criminal Law","authors":"Wawan Septiawan, Abdul Patah Muzakir, Yudi Saputra, Abdul Muflihun","doi":"10.29303/ulrev.v3i2.63","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.63","url":null,"abstract":"The purposes of this research are to know the decisionpublic policy by the government-related corporate responsibility in Indonesia’s Criminal Law, to know the corporate responsibility special laws in Indonesia, and also the mechanism to find out the corporate’s fault. The applied method in this research is normative-legal research. From the research result, it can be concluded that the Government of the Republic of Indonesia has to determine the latest version of Indonesia’s Criminal Law or revised several laws related to corporate criminal responsibility. In Indonesia’s Criminal Law, corporate criminal responsibility is not recognized, but the corporate responsibility is dispersed in special laws such as Law on Economy Crimes and Consumer Protection. To determined the corporate fault was taken from the manager or member of Board of Directors.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"6 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":"123725290","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}