Unram Law ReviewPub Date : 2019-10-30DOI: 10.29303/ulrev.v3i2.83
Derita Prapti Rahayu, F. Faisal, Tony Tony
{"title":"Institutions In Legal Systems As Embodiments Of Legal Purposes","authors":"Derita Prapti Rahayu, F. Faisal, Tony Tony","doi":"10.29303/ulrev.v3i2.83","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.83","url":null,"abstract":" \u0000The statement that human life in society is governed by law. The law referred to here is the law known in the Regulations of State product legislation, established by the authorities, socialized through books, books and writings, not understood as the law that lives in society as a social construction even those that are thus only classified as social norms. The presence of law in the community agrees to integrate and coordinate interests that can conflict with each other that are integrated in order to be able to strengthen as little as possible. Organizing those interests is carried out with those interests and interests. The law that discusses this is a community-made law that contains the daily knowledge of each individual member of the community as a starting point for the birth of a social order.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"46 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":"121672154","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}
Unram Law ReviewPub Date : 2019-10-30DOI: 10.29303/ulrev.v3i2.79
Muhammad Al Husaini, Muhammad Anshori Sudirman, Maulana Yusuf, Muhammad Hutomo
{"title":"Augmented Categories Of Proceeds Of Crimes In Relation To Money Laundering In Indonesia","authors":"Muhammad Al Husaini, Muhammad Anshori Sudirman, Maulana Yusuf, Muhammad Hutomo","doi":"10.29303/ulrev.v3i2.79","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.79","url":null,"abstract":"Money laundering is a serious crime that threatens economic gain and national welfare. This crime is closely related with other crimes, which serve as the providers of illicit funds or illegal wealth. This paper will explore the augmented categories of proceeds of crimes that might lead to money laundering. This paper is a normative descriptive one with statute and conceptual approach. Findings of this paper show that categories of proceeds of crime have been augmented over the years, as mentioned in amendment of the law of money laundering. Including to these augmented categories are “forbidden fruits” generated from common crimes, transnational crimes, white-collar crimes, and other crimes committed in Indonesian territory, as well as outside the territory with the Double Criminality principle.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"18 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":"128171619","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}
Unram Law ReviewPub Date : 2019-10-30DOI: 10.29303/ulrev.v3i2.80
Dilla Pratiwi Puji Rahayu, Erika Puspitasari, Azwar Annas, Agus Pujianto
{"title":"Recognation Of Indigeneous Legal Community For Indigeneous Forest","authors":"Dilla Pratiwi Puji Rahayu, Erika Puspitasari, Azwar Annas, Agus Pujianto","doi":"10.29303/ulrev.v3i2.80","DOIUrl":"https://doi.org/10.29303/ulrev.v3i2.80","url":null,"abstract":"This study aims to determined and described the legal history of forest management in Indonesia. For this study, regulation of the forest will be analyzed in each period of Indonesia legal history, namely the early days of independence, the old order regim, the new order regim, and the reformation era. Method use in this study is normative study, by using statute approach and historical approach. Result of this study can be describe that the legal history of forest arrangement in Indonesia was dynamics, comprises: the control of state toward the land including the customary land/customary forest based on the the right of state to control as stipulated in the 1945 Constitution, and the recognition of the indigineous legal community toward their customary forest.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"98 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":"127124078","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}
Unram Law ReviewPub Date : 2019-04-30DOI: 10.29303/ULREV.V3I1.54
Nova Winantika Rindang Kirana, I. N. Nurjaya, H. Suryokumoro
{"title":"The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian","authors":"Nova Winantika Rindang Kirana, I. N. Nurjaya, H. Suryokumoro","doi":"10.29303/ULREV.V3I1.54","DOIUrl":"https://doi.org/10.29303/ULREV.V3I1.54","url":null,"abstract":"This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126074415","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}
Unram Law ReviewPub Date : 2019-04-30DOI: 10.29303/ULREV.V3I1.65
L. Wulandari, L. Parman
{"title":"The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)","authors":"L. Wulandari, L. Parman","doi":"10.29303/ULREV.V3I1.65","DOIUrl":"https://doi.org/10.29303/ULREV.V3I1.65","url":null,"abstract":"In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers. \u0000 ","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"11 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124198842","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}
Unram Law ReviewPub Date : 2019-04-30DOI: 10.29303/ULREV.V3I1.55
H. Fatahullah, I. Israfil
{"title":"The Existence Of Adat Law In Settlement Of Criminal Cases (Study in Gili Trawangan Tourism Area)","authors":"H. Fatahullah, I. Israfil","doi":"10.29303/ULREV.V3I1.55","DOIUrl":"https://doi.org/10.29303/ULREV.V3I1.55","url":null,"abstract":"This research purpose to determine to analysys the existence of adat law in settlement of criminal cases(in gili trawangan tourism area). The type of research used is empirical, by using the method of statute approach, conceprual approach and sociological approach. The result arequalified and exist in traditional offense Gili Trawangan general public in the form of: a. theft, b. Decency, adultery/cohabiting and infidelity, c. Preservation of marine ecosystems. Forms of traditional institutions of society Gili Trawangan, law enforcement organ composed of judges/ elders, lang-lang (customs security), and front Gili youth. Settlement of criminal cases for customary offenses is based on the provisions of the customary law of the Gili Trawangan society.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133891287","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":"Direction of National Law Development Year 2005-2025 to Encounter the Age of 4.0 Industry Revolution","authors":"Prandy A.L. Fanggi, Safaruddin Efendi, Rengga Sandy Suranggana, Rosadi Purwohadi","doi":"10.29303/ULREV.V3I1.61","DOIUrl":"https://doi.org/10.29303/ULREV.V3I1.61","url":null,"abstract":"Aim of this research is to analyze the direction of national legal development in the period of 2005-2025 in order to address 4.0 industry revolution era. This research is applying normative research method and conceptual approach by mean of studying legal concept and theory supplemented with statute approach in order to analyze legal regulations related to this research. According to research result, national legal development 2005-2025 was not prepared to tackle 4.0 industry revolution era, since the direction national legal development substantially is not compatible and not comprehensive as legal development is positioned as the booster of national economy advancement in long-term development plan of 2005-2025.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130694737","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}
Unram Law ReviewPub Date : 2019-04-30DOI: 10.29303/ULREV.V3I1.58
Titin Nurfatlah, Gina Meilinda, F. Rosalina, Usnadi Usnadi
{"title":"Legal Politics Of State Assets Recovery By In Absentia Court In Act Number 20 Year 2001 Concerning Eradication Against Corruption","authors":"Titin Nurfatlah, Gina Meilinda, F. Rosalina, Usnadi Usnadi","doi":"10.29303/ULREV.V3I1.58","DOIUrl":"https://doi.org/10.29303/ULREV.V3I1.58","url":null,"abstract":"State assets recovery is an important part of the law enforcement on corruption crimes. Therefore state assets recovery shall be state’s legal politics. This study intended to find out the Indonesian legal politics of state asset recovery through in absentia court. Method of this study is normative reseach and used statute approach and conceptual approach. Based on the analysis can be concluded that in absentia court have enumerated in Indonesian Law Regarding Eradicating Against Corruption. This is in line with the legal politics in the decree Of Indonesian People’s Consultative Assembly which emphasizes the acceleration of legal processes in criminal acts of corruption.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122652732","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}
Unram Law ReviewPub Date : 2019-04-30DOI: 10.29303/ULREV.V3I1.53
Erdianto Effendi
{"title":"Granting of Legal Experts as a Invention of Law Model Through Legal Research on The Criminal Justice System","authors":"Erdianto Effendi","doi":"10.29303/ULREV.V3I1.53","DOIUrl":"https://doi.org/10.29303/ULREV.V3I1.53","url":null,"abstract":"com \u0000Invention of law activity by judge is not optimum because the judge must be rolled from a region to other region. While the judge is hoped to find the living law. This article concluded that invention law by judge should be aided by granting of legal expert in Th Criminal Justice System. Legal researcher should hoped to invent the living law in comunity. \u0000unity.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"311 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122810979","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}
Unram Law ReviewPub Date : 2018-10-20DOI: 10.29303/ulrev.v2i2.47
Gibtha Wilda Permatasari, Yuliati Yuliati, H. Suryokumoro
{"title":"Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law","authors":"Gibtha Wilda Permatasari, Yuliati Yuliati, H. Suryokumoro","doi":"10.29303/ulrev.v2i2.47","DOIUrl":"https://doi.org/10.29303/ulrev.v2i2.47","url":null,"abstract":"This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"331 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116167947","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}