Unram Law Review http://unramlawreview.unram.ac.id/index.php/ulrev <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> Faculty of Law, University of Mataram en-US Unram Law Review 2548-9267 <p>Copyright holder by Author</p> Myanmar Coup and Connections of International Network Terrorism Affiliate in Transnational Legal View http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/167 <p><em>The international community nowadays currently encountering the most serious problem in the face of terrorism. Today, terrorism has destroyed and disrupted the state process. Universally terrorism is the hostist humani generis (the enemy of all mankind). Today terrorism is directed not only against individuals and groups but towards a larger entity, namely the state, and also creates problems and dangers felt by the international community. The variety of terrorist groups is different, from radical issues to political issues. Myanmar is one of the countries in Southeast Asia, and has one of the areas called Rakhine and there are ethnic Rohingya who inhabits the region. </em><em>Genocide, discrimination, and racial cleansing are three general issues that exist in myanmar. </em><em>The Myanmar government accuses being terrorists affiliated with international terrorism established due to the butterfly effect of the three things above. The countries in southeast Asia unite themselves and form an international organization called ASEAN, making protection against terrorism that surrounds the southeast Asian region. Therefore, this article was made to find out the cause and countermeasures of terrorism. This research is a normative qualitative approach with a constructive paradigm with the international law</em></p> <p>&nbsp;</p> Muhammad Nuha Maulana Pasya Yeni Widowaty ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.167 Social Sanction Ditinggian Janjang Against Violation of Traditional Law in Koto Gadang Preparation Nagari, Baso District, Agam Regency http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/183 <p><em>Based on research data, it is found that many teenagers in Indonesia have had sex before marriage. This behavior is not by the norms that apply in Indonesia, and of course, this deviant behavior will cause new problems in society. In Nagari Preparation Koto Gadang, West Sumatra, a social sanction was imposed on community members who violated Adat. This sanction is known as the social sanction "Ditinggian Janjang." But, it is not yet known how applying this sanction in the community can reduce the number of violations committed by the community, one of which is promiscuity. This study aims to determine the application and role of social sanctions in Ditinggi Janjang. The author's research method is sociological-normative with bibliographic sources and observes the characteristics of a community's behavior in an area in an aspect of social life, observation, interviews, and documentation. Based on the study results, it can be seen that the application of social sanctions is applied to the entire community. The role of ditinggan janjang’s social sanctions is to prevent and solve various problems, especially those related to free sex in the community, in preparation for Nagari Persiapan Koto Gadang, Baso District, Agam Regency, West Sumatra Province. </em></p> <p><strong><em>Keywords:</em></strong> <em>Customary Law; Violators; Social Sanctions; Nagari</em><em>&nbsp;&nbsp;</em></p> <p><em>Based on research data, it is found that many teenagers in Indonesia have had sex before marriage. This behavior is not by the norms that apply in Indonesia, and of course, this deviant behavior will cause new problems in society. In Nagari Preparation Koto Gadang, West Sumatra, a social sanction was imposed on community members who violated Adat. This sanction is known as the social sanction "Ditinggian Janjang." But, it is not yet known how applying this sanction in the community can reduce the number of violations committed by the community, one of which is promiscuity. This study aims to determine the application and role of social sanctions in Ditinggi Janjang. The author's research method is sociological-normative with bibliographic sources and observes the characteristics of a community's behavior in an area in an aspect of social life, observation, interviews, and documentation. Based on the study results, it can be seen that the application of social sanctions is applied to the entire community. The role of ditinggan janjang’s social sanctions is to prevent and solve various problems, especially those related to free sex in the community, in preparation for Nagari Persiapan Koto Gadang, Baso District, Agam Regency, West Sumatra Province.</em></p> Ulfia Hasanah Latifah Alkhairiyah Susilawati Susilawati Sabrena Sukma ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.183 Analysis of The Crime of Human Trafficking in Indonesia (Case Study: Human Trafficking with Marriage Mode in West Kalimantan) http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/190 <p><em>The condition of globalization has both positive and negative impacts on people in Indonesia. Many new things were done to gain an advantage for a certain party. One of them is the emergence of cases of human trafficking with various modes. These people trade often look for weak targets to target—likely women and children. Trafficking in persons is now categorized as a severe crime. So, the need for strict law enforcement for this crime is expected to be eradicated, either reduced or even eliminated. This research aims to analyse the factors causing women and children as the main target of human trafficking, the law enforcement and preventive measures of human trafficking in Indonesia. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore case studies of human trafficking. How to solve problems, protect and enforce the law in the international sphere and Indonesia. The main factors that encourage human trafficking are economic factors or poverty, law enforcement factors. Women and children are the main target of this crime because they are considered weak and belong to a vulnerable group. The Law enforcement and preventive measure of human trafficking in Indonesia conducted under Human Trafficking Act and Immigration Act.</em></p> Syifa Amalia Robby Syahputra Alfatih Jagad ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.190 Legal Implications For Regulating Investigation Authority In Accident Cases At Railroad Crossings http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/174 <p><em>The purpose of this research is to find out the legal implications of regulating the investigative authority in cases of accidents at railroad crossings. The research method used in this study is normative juridical research using a statutory approach, and a conceptual approach. The results obtained from this study are the implications arising from different provisions of Law Number 22 of 2009 concerning Road Traffic and Transportation, and Law Number 23 of 2007 concerning Railways is that there is a tug of war on the authority of investigation between related agencies, namely Police Investigators and Railway PPNS. The tug-of-war of this investigative authority resulted in a conflict of investigative authority, where Police investigators conducted investigations based on the provisions of the Criminal Code, while the Railway PPNS conducted investigations based on the provisions of Law Number 23 of 2007 concerning Railways.</em></p> Erifendi Churniawan Handoko U Ainun fikria ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.174 The Mortgage Guarantee as the Settlement Effort of Non-Performing Loan and the Resistance In the Execution of Collateral http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/168 <p>This article aims is to acknowledge the factors of a Non-Performing Loan. Also, to acknowledge on how to settle the non-performing loan with the mortgage guarantee through the litigation or non-litigation way, as well as the obstacle on mortgage guarantee execution by the creditor (Bank). The method of this research using a normative (library) research which is the research on the secondary data. The problem approach of this research is normative juridic, the specification of this research using analysis descriptive, in the field research the writer using 3 (three) methods which is done through an interview, questionary lists and document. The location of this research is PT. Bank Danamon branch of Purakarta. The result of this research shows that the factors which causes of a Non-Performing Loan by the debtor from the internal and external factors. The internal factors are a situation where the debtor unable to pay his loan that have matured because of the burden of the installment is too heavy, the debtor who is on purpose to not fulfill the installment and from the creditor party or bank because of the calculation mistake even though this matter is very rare to be occurred. Hence, the external factor is a factors outside the creditor and debtor capability which causes by the Force majeur, the settlement effort of non-performing loan with the mortgage guarantee may be divided into two parts which are: Litigation and Non-Litigation ways, the obstacle on the mortgage execution by the reciprocal or lawsuit to the court which is done by the third party at the time of the auction sale will be performed.</p> Monica Windiar Rahmi Zubaedah Rani Apriani ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.168 Problems Of Supevision Of Buying Circulations Medicine Online http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/182 <p>Drugs are pharmaceutical preparations that are much needed during the pandemic, such as today. There are so many pharmaceutical preparations circulating through internet-based media, which are not in accordance with applicable regulations so that they have big potential to cause bad impacts. There are various obstacles faced by the government in carrying out supervision of pharmaceutical preparations through the Food and Drug Supervisory Agency, especially related to online drug buying and selling activities. Some of these obstacles include good access to Indonesia's territory, the low level of public knowledge about drugs, low cross-sectoral supervision, and weak legislation. These weaknesses then become a gap for business actors to conduct online buying and selling transactions without complying with applicable regulations. Thus, further supervision is needed by the Food and Drug Supervisory Agency as a form of responsibility and the realization of legal certainty in order to improve justice and public safety as consumers.</p> Dewiwaty Dewiwaty Iriansyah Iriansyah Bagio Kadaryanto ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.182 Juridical-Empirical Overview of Prisoners' Guidance Model During the Covid 19 Pandemic in Class IIA Correctional Institution Sumbawa Besar http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/188 <p>Sumbawa Besar Institution Class II A Correctional System in April 2021 has been inhabited by 558 prison inmates assisted whose capacity ideal should be 250 inmates. For this reason, it is predicted that the number of inmates will continue to increase in the next few years, excess capacity tends to negative implications for the inmates, for example the low level of supervision. In managing prisons, it is necessary to pay attention to factors that worsen conditions in prisons, including: excess inmates, poor prison conditions, riots among prisoners and others. This condition is made worse by the occurrence of a <em>Coronavirus Disease 2019 (Covid-19) </em>which has spread and caused an increasing number of victims losses in Indonesia. It was found that the social reintegration development model carried out in class II A Sumbawa prisons is guided by the two Decrees of the Ministry of Law and Human Rights. In the prison, circulation of visitors is limited in order to prevent the spread of the virus. Spiritual cleansing activity is no longer uses preachers from the Ministry of Religion but rather maximizes religious assistants taken from Class II A Sumbawa Correctional Institution employees, as well as agricultural, workshop and carpentry activities that no longer involve third parties.</p> Ashari Ashari Geatriana Dewi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.188 Law's Application of The Government to Responding People Smuggling http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/185 <p><em>People smuggling is a transnational crime, that a person illegally crosses international borders from one, or more countries, by secret means, by fraud, or by using forged documents. People Smuggling, putting illegal immigrants and refugees as an opportunity for material gain. The potential for people smuggling in Indonesia is vulnerable, supported by the geographical factor of a vast coastline. As one of the world's trade routes, it must receive serious attention. With this urgency, this study discusses the role of the government in implementing legal policies in cases of people smuggling in Indonesia. This study applied a descriptive method with qualitative analysis. This paper concludes that people smuggling has been criminalized as transnational organized crime and included in the immigration law instruments in Indonesia.</em></p> Usman Mutaqin Ivan Lukky Pujangga ZulfaQotrun Nada ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.185 Implementation Of Law Enforcement And Immigration Control Of Foreign Citizens http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/193 <p><em>Immigration is an agency that has the authority to carry out supervision of the traffic of anyone entering and leaving the territory of Indonesia. the Indonesian government opened immigration channels as an effort to increase the country's foreign exchange to increase economic growth. So that the government can grant visa freedom only by giving the stamp and initials given by the official. This is what is often misused by some foreign nationals who do activities in Indonesia that are not in accordance with the immigration rules that have been set. This study aims to describe law enforcement and immigration control of foreign nationals in Samarinda. In the implementation that has been running so far it has been quite good, but has not produced maximum results. To fulfill this goal, there will be 3 ways to supervise foreign countries, namely: Administrative Supervision, Field Supervision and PORA TEAM Coordination. This research will also describe several laws related to immigration law enforcement for foreign nationals.</em></p> Ilham Zico Pratama Welby Ilham Muwaffaq Sadra Tri Agraeny ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.193 The Regulation On Subject To a Property Rights Of a Land According To Agrarian Law (UUPA) http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/187 <p><em>The law regarding agrarian has undergone many changes. The debate regarding the status of land ownership still needs a lot of study. Therefore, this research is interesting to do in order to findout the subject of a land ownership by virtue of the agrarian law (UUPA). This study using a normative juridical approach and uses an analytical descriptive in writing the data by describing the secondary data so that it is factual, accurate, and systematic. The source of this research comes from statutory regulations, the existence of decisions that have the court basis then analyzed using a qualitative way. The result describes that the agrarian law stipulated a legal principle under article number 21 stating that only Indonesian citizen who is able to have the rights over the land property, regardless whether they are men or women are placed in the equal position. In addition, it does not differentiate the group population. Nevertheless, through the authority possessed by the Government as the owner of the right to control the State, it can determine that certain legal entities which undertake social, religious and educational efforts can have property rights over a land.</em></p> Bambang Sudiarto ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.187 Prospects for the Development of Halal, Thoyib, and Hygienic Food Production During the New Normal Covid-19 Period as Supporting Pillars of National Food Security http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/184 <p>The background of this research is that the government claims that the Covid-19 pandemic has actually increased consumer awareness on the consumption of halal products, ranging from food products, beverages, traveling, to cosmetics. The government also seeks to increase awareness of the development of halal and thoyib products. This is supported by the data the authors obtained from various literatures. The legal issues raised in this study are formulated into several problem formulations, namely whether regulations and supervision regarding the development of halal products in Indonesia can meet all sharia principles regarding halal, toyib, and hygienic considering that Indonesia is a muslim majority? How is the process of developing the ability of producers and SMEs in Indonesia in developing halal products? How is the category of halal certification for products in Indonesia as one of the important categories for food products to meet the principles of halal and thoyib? Based on this formulation, this study analyzes the regulation and supervision of halal product development, halal product development process, and categories of halal, thoyib, and hygienic food products that are in accordance with LPPOM MUI halal food standards so that these products can be certified as halal products. The purpose of this research is to be able to develop halal, thoyib, and hygienic food production during the Covid-19 period as a supporting pillar of national food security. The method used is the normative juridical research method. This research is descriptive research with the source of the data used in this study was obtained from library research. The results of this study, namely the data that the authors obtained indicate that there has been an increase in public awareness on the consumption of halal products, ranging from food products, beverages, traveling, to cosmetics during the Covid-19 period. In line with this, the government also continues to strive to increase awareness of the development of halal and thoyib products.</p> Muhamad Muslih Ferina Ardhi C ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 2021-10-28 2021-10-28 5 2 10.29303/ulrev.v5i2.184