Unram Law Review 2022-04-29T10:35:19+08:00 Zunnuraeni Open Journal Systems <p>Universitas Mataram(Unram) Law Review(ULREV)<br><br>The aim and scope of the journal:<br><br></p> <p align="justify">Universitas Mataram(Unram) Law Review(ULREV) is Indonesian Journal of Law as a forum for communication in the study of theory and application in&nbsp; Law Contains articles texts in the field of Law. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or article reviews. The scope of the articles contained in this journal discusses various topics in Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and Other contemporary issues in the field of law. . Articles are considered to be loaded are in the form of research or scientific simulations that have never been published or are waiting for publishing in other publications. ULREV is published three times a year in April, August, and December. This journal provides direct open access to its content based on the principle that making research freely available to the public supports greater global knowledge exchange.<br><br></p> <p>Scope:<br><br></p> <p align="justify">Contains articles texts discusses various topics in Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and Other contemporary issues in the field of law.</p> The Role Of Political Parties With The Worker Movement Rejecting The Omnibus Job Creation Law 2022-04-29T10:30:35+08:00 Yarnes Imanuel Foni Phil Aditya Perdana <p><em>This study aims to determine the role of political parties in the worker's movement to </em><em>reject the ratification of the omnibus law on Job Creation. The approach used is qualitative. This research relies on primary data collection mainly obtained through interviews with resource persons or key informants. Data were collected in two ways. The first is to conduct a literature study and content analysis of various literature and reports in the print media related to research problems, and secondly, by conducting interviews with resource persons. The</em> <em>role of political parties in the rejection of the Job Creation Law must straighten out the functions first, rights, and obligations of political parties according to the provisions of the current political law in Indonesia. Political parties' functions, rights, and obligations have been outlined in Law Number 2 of 20</em><em>11</em><em> concerning Political Parties. The function of political parties is regulated in 11. One of the functions related to the context that we are talking about is Article 11, point 2 subpoint (a), which states that political parties function as a means of: "Increasing the political participation of members and the community to organize political and governmental activities."</em> <em>In addition, the role of the community, especially the laborers, in rejecting Indonesia's Omnibus Law (Law No. 11 of 2020 on Job Creation) is important for the suitability of government policies. It is stated in Presidential Regulation Number 68 of 2005 concerning Procedures for Preparing Draft Laws, Draft Government Regulations in Lieu of Laws, Draft Government Regulations, and Draft Presidential Regulations, particularly in Chapter VIII Article 41.</em></p> 2022-04-30T00:00:00+08:00 ##submission.copyrightStatement## Outsourcing Workers Legal Protection Under The Post Validation Of Job Creation Law 2022-04-29T10:35:19+08:00 Indah Kesuma Aloysious Uwiyono <p><em>The enactment of job creation law considers as the government effort to develop the ecosystems of competitiveness and investment in Indonesia. Even though there are many rejections, the government are optimistic that this provision could provide significant improvement for various sectors such as the sector on manpower. The research aim is to understand the concept changes and outsourcing requirements based on the job creation Act. The method of this research using legal doctrine or normative juridical method by conducting references through secondary data studies. In Legal research, secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. The research result illustrates that the protection of workers/labor, their wages and welfare, the working conditions also if disputes arise will be carried out by virtue of the regulations and are the responsibility of outsourcing company. The obstacles may emerge such as the absence of obligations under the outsourcing contract. Therefore, the legal certainty is not existed to protect the workers, since the legal protection for workers are according to the agreement.</em></p> 2022-04-28T10:55:37+08:00 ##submission.copyrightStatement## Implications of Supreme Court Jurisprudence No.1400k/Pdt/1986 on Marriage Different Religions 2022-04-29T10:30:35+08:00 Nofrizal Nofrizal Zulkifli Zulkifli Hayatul Ismi Ulfia Hasanah Putri Annisa <p><em>In </em><em>Indonesian law</em><em>, </em><em>Marriage La</em><em>w</em><em> does not provide for marriages of different </em><em>religions</em><em>. Thus, Indonesia's positive law does not recognize the term interfaith or interfaith marriage. But, after the Supreme Court decision Number 1400K / Pdt / 1986, the existence of interfaith marriage in Indonesia is getting bigger.</em> <em>Supreme Court Decision No. 1400k/Pdt/1986, states that couples of different faiths can ask for a court determination. </em><em>However,</em><em> Constitutional Court Decision No.68/PUU-XII/2014 rejected the legalization of interfaith marriage. This research is normative legal research, as it is based on library research that takes </em><em>reference</em><em> from </em><em>text</em><em> books, as well as supporting data related to the problem studied assisted by primary, secondary and tertiary data sources.</em> <em>This research uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, first, the position of interfaith marriage in Indonesia is not regulated in Law No. 1 of 1974 concerning Marriage and the latest Marriage Law, namely Law No. 16 of 2019 concerning Marriage.</em> <em>The regulation of interfaith marriage in Indonesia at this time is based on the jurisprudence of Supreme Court Decision No. 1400K / Pdt / 1986. Second, the position of interfaith marriage in Indonesia according to the Constitutional Court Decree No. 86/PUU-XII/2014 is prohibited because interfaith marriage is not by the values of the Godhead in the First Precept of Pancasila, it is also contrary to the 1945 Constitution and contrary to the values of Pancasila.</em><em>. </em><em>However, in some </em><em>plea</em><em> for interfaith marriage in the court by the bride and </em><em>the </em><em>groom, the judge did not </em><em>abide</em><em> to constitutional court decision No. 86/PUU-XII/2014, so the implementation of the constitutional court's decision was ineffective. Meanwhile, in principle, according to the jurisprudence of Supreme Court Decision No. 1400K/Pdt/1986, the State </em><em>merely</em><em> responsible for the registration of interfaith marriages, and is not responsible for the legitimacy of interfaith marriages.</em></p> 2022-04-28T11:13:12+08:00 ##submission.copyrightStatement## “Burning Money” By E-Commerce Platform Businesses And The Relationship With Selling Loss Based On Business Competition Law In Indonesia 2022-04-29T10:30:35+08:00 Jozu Kenjiro Samudra Sudaryat Sudaryat Helza Nova Lita <p><em>"Burning money" is one of the marketing strategies carried out by the perpetrator’s e-commerce platform in effort to introduce products on&nbsp; the internet and change the habit consumer. Cut programpricelarge on current e-commerce platformsthispopular in societyis one _shapeof "burning money". This program is done&nbsp; in a period of time particular with the objective of interesting the number of customers and achieving high traffic. The existence of “burning money” activity has worries that willcausesomethingcompetitionbusiness not healthy . Piecegreat price _from one _the form of "burning money" is suspectedrelatedwith predatory pricing orselllos. Methodstudyis normative juridical normative research using _regulationlegislation, theorylaw, and the opinion of scholarsrelated to law competitionbusiness and e-commerce. Data will then analyzedwithmetho descriptive analysis _symptom particular&nbsp; in detail, detail, and systematic. There are four aspects that are used for the study of "burning money" by using a massive price-cutting program based on Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and related laws and regulations. As a result , the cut programthe price made by the perpetratore-commerce platform business haspotencycausecompetitionbusinessnohealthywillbutthe impact of the perpetratore-commerce platform business helppublic switch to the digital age throughe-commerce services .</em></p> 2022-04-30T00:00:00+08:00 ##submission.copyrightStatement## Juridical Theoretical Study Of Granting And Abolition Services Of Encumbrance Rights That Eletronically Integrated 2022-04-29T10:30:35+08:00 Arba Arba Sudiarto Sudiarto Rizky Yunian Sari <p>This study aims to examine and analyze the existence of an obligation that every granting and abolition of Encumbrance Rights (roya') must be registered, to examine and analyze the synchronization of legal arrangements for the implementation of registration of granting and abolition of Encumbrance Rights according to UUHT with the Ministry regulation of Agrarian Affairs &amp; ATR Number 9 of 2019, As well as to study and analyze the legal consequences if the granting and abolition of Encumbrance Rights is not registered electronically. This type of research is normative legal research, with the approach method being a statutory approach, conceptual approach, and analytical approach. The results of the research are: 1) that each grant and abolition (roya) of the Encumbrance right must be registered, in accordance with the provisions that the granting and abolition of the Encumbrance must be registered as an absolute requirement and as a fulfillment of the publicity principle in the Law of Encumbrance Right. 2) In the Minister of Agrarian Affairs ATR BPN Number 19 of 2019 there are parts that are not in sync with the Law of Encumbrance Right, electronic documents that are not known in the UUHT and Roya can also be implemented without an agreement that these conditions are not in accordance with the provisions in the UUHT . 3) Legal Consequences If the granting of Encumbrance Rights is not registered, then in the provisions of the Encumbrance Right, the Encumbrance is never born/never existed. If the Encumbrance waranty is never born, then the creditor is not located as a priority creditor (separatist creditor) to get the debtor's debt to be repaid. Likewise, in the abolition of Encumbrance Right (roya), if it is not registered, the Encumbrance Right is considered to have never been erased, so that the waranty remains in the control of the creditor, and the loan agreement or principal agreement has not been paid off and ended. While for the Abolition Process (Roya) of Encumbrance Right as Maintenance of Land Registration Data, if the Encumbrance right certificate has been crossed out, then the land title certificate which is used as waranty for the Encumbrance will be returned to the debtor, while the Encumbrance Right certificate is withdrawn by the Land Office and declared no valid again, as well as the land books of Encumbrance Right is declared no longer valid.</p> 2022-04-28T11:25:50+08:00 ##submission.copyrightStatement## Introduction to Legal Science And the Relationship with Immigration and The Immigration Act Number 6 Year 2011 2022-04-29T10:30:35+08:00 Hardyano Fatih Warganegara Andrianus Bagas Wahyu Putranto Andhi Nur Saputra <p><em>Human’s life cannot be separated from the law, starting from the actions by individual even group, the way people’s conducting their life, think, and punishment as a result of violation to the act. The purpose of this study is to introduce the basic provisions concerning the definition of Immigration law in Indonesia, the structure of the act and its implementation in the community by virtue of Immigration Act number 6 year 2011. The method of this study using normative legal research. The approach are statutory and conceptual approach. The result shows that the implementation of Migration Policy in Indonesia depends on the legal truth which is acceptable in the community such as customs which still considers binding in the society whether in the form of policy, principles, sanctions, etc.</em></p> 2022-04-29T09:59:05+08:00 ##submission.copyrightStatement## Registration Of Name Rights To Land Object Auction (Study in Mataram City) 2022-04-29T10:30:35+08:00 Arief Rahman Wiwiek Wahyuningsih Shinta Andriyani <p>This study examines the procedure for transferring the title to the auction object. The type of research used in this article is normative and empirical research using the statutory approach, conceptual approach, and practical approach.</p> <p>The results showed that the implementation of the transfer of name procedures for the transfer of land rights through auction, namely: 1) Applying for registration of the transfer of ownership rights to land due to auction through the service counter that has been provided, 2) The Land Office Service Counter Officer conducts Examination of Application Files, 3 ) Paying Land Rights Registration Fee, 4) Carrying out the Work Process, Recording and Correspondence, 5) Issuing certificates, 6) Submission of certificates. Meanwhile, if there are objections raised by the owner of the land being auctioned (debtors in default), related to the application for land registration submitted by the winner of the auction (buyer), then in this case the National Land Agency will temporarily suspend the application process for the transfer of the name of the auction object until there is a settlement, between the disputing parties.</p> 2022-04-28T11:32:54+08:00 ##submission.copyrightStatement## Legal Politic of Corruption Eradication After the Prevail of the Amendment Act of Corruption Eradication Commission 2022-04-29T10:30:35+08:00 Muhamad Rajab Fadli Evi Vardiyana Kusumawati Siti Salha Mazaya Saufi Hidayat Hariyanto Hariyanto <p><em>The amendment on corruption eradication legal policy after the enacmnet of Act Number 19 Year 2019 Concerning the Amandment of Act Number 30 Year 2002 Concerning Corruption Eradication Commission derived pros and cons among legal expert and activis of anti corruption. This study aims to determine the political policy of corruption eradication after Act Number 19 Year 2019 in force. This research is a doctrinal study and using statute approach and conceptual approach. Result of this study showed that there is considerable change in the corruption eradication act includes: the institution of Corrution Eradication Commission subsumed as part of executive institution, internal supervision under Supervision Board, transformation of Corruption Eradication Commission employe become State Civil Servant. In addition, there are numerous augmentations on the duty and fuction of the Commission. Those changes impacted to the internal body of Corruption Eradication Commission, particularly toward its independence. </em></p> 2022-04-30T00:00:00+08:00 ##submission.copyrightStatement## Implementation Of Fulfillment Of Workers' Wage Rights With A Particular Time Working Agreement System At Pt.X 2022-04-29T10:30:35+08:00 Adila Azani Siti Hajaiti Hoesin <p>Legal regulations regarding wages should be the basis for employers/entrepreneurs to implement provisions regarding the fulfillment of wage rights for workers. However, the problems that often occur in the field are fulfillment of wage rights by employers to workers who are not subject to these legal provisions. One of the facts that happened to PT. X has 150 employees under the PKWT system and all of these workers receive wages below the minimum wage stipulated by the government in the current year.This is of course contrary to the provisions of labor law in the field of wages, in particular the provisions of Article 90 paragraph (1) of the Manpower Law. Based on the description of the background, the problems studied in this study are: 1. How is the implementation of the fulfillment of workers' wage rights with a certain time work agreement system at PT. X?. 2. How is the implementation of local labor inspection in fulfilling workers' wage rights with a certain time work agreement system at PT. X?. This study uses a juridical-sociological approach and descriptive research, interview data collection techniques and document studies. Based on the research conducted, the results obtained are: 1. Implementation of the fulfillment of workers' wage rights at PT. X has not been implemented as the legal provisions in the field of employment, there are 4 main legal problems that occur, namely the payment of wages below the minimum wage, payment of wages is often late than the agreed time between workers and PT. X, payment of wages for sick workers and components of wages that are not in accordance with legal provisions. 2. The implementation of labor inspection has not been implemented properly in enforcing labor norms at PT. X especially in terms of fulfilling workers' wage rights.</p> 2022-04-25T09:45:27+08:00 ##submission.copyrightStatement## Implementation Of Social Security As A Form Of Assurance Of Workers' Rights In Obtaining Employment Social Security Protection In Indonesia 2022-04-29T10:30:35+08:00 Achmad Johansyah Siti Hajati Hoesin <p><em>The authority to administer social security for ASN (Civil Servant) in Indonesia is an important issue that must be resolved as a form of active attitude in providing certainty of rights to social security. The emergence of regulations issued by the state through its current government has resulted in a difference in the acquisition of rights to social security for ASN and which institutions have the authority to administer it. The regulations are the ASN Law and PP 70/2015. The research aim</em><em>s to analyse the certainty of the authority to administer and acquire social security rights for ASN based on the laws and regulations governing the implementation of social security. This study uses a juridical-normative approach and is descriptive. Based on the research conducted, the results obtained are that the authority for administering social security for ASN in Indonesia is regulated in the SJSN Law and the BPJS Law, where two BPJS are authorised to manage social security based on SJSN, namely BPJS Health and BPJS Employment. This authority can also be seen from the legal principle of Lex Specialis Derogat Lex Generalis, where the authority to administer social security for ASN must refer to the SJSN Law and BPJS Law, not the ASN Law. The Constitutional Court Number 7/PUU-III/2005 also confirms that the implementation of ASN social security, which state-owned companies previously carried out, is contrary to the 1945 Constitution and has no binding legal force. The existence of different interpretations and practices of ASN social security protection that are not following the current SJSN creates uncertainty and the potential loss of rights to social security protection for ASN, especially JKP, which was born after the enactment of the Job Creation Law and PP 37/2021. </em></p> 2022-04-30T00:00:00+08:00 ##submission.copyrightStatement## Legality Of Authentic Deed With Cyber Notary Basis According To Legal Assurance Principles 2022-04-29T10:30:35+08:00 Mutiaratu Astari Rafli <p><em>Cyber Notary is a concept that uses technological advancements to allow notaries to perform their daily duties by creating authentic deeds in cyberspace. Notaries require legal certainty in order to complete the electronic deed with the goal of serving as a guide.</em> <em>This study aims to determine the shape of the legality of making an authentic deed with a cyber notary basis according to legal certainty principles. The type of research used in this research is normative juridical, namely the approach method that uses the positivist legislative conception. The results of this study are Cyber ​​notary does not meet criteria number five of the principle of legal certainty and in fact the cyber notary is still contrary to the legality of the proof of law.</em></p> 2022-04-30T00:00:00+08:00 ##submission.copyrightStatement##