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> en-US <p>Copyright holder by Author</p> zunnuraeni17@unram.ac.id (Zunnuraeni) unramlawreview@unram.ac.id (Femilia Nopianti) Tue, 27 Oct 2020 00:00:00 +0800 OJS http://blogs.law.harvard.edu/tech/rss 60 People’s Power Policy in Legal Construction in Treason Criminal Law as Indonesian Penal Code Reform http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/116 <p><em>Last year, People’s power was sounded during the presidential election period. It is still reaped the pros and cons in various circles, some called it as part of the treason, and some categorized it as a form of freedom of expression. The purpose of this article to see if the legal construction of treason criminal law is regulated under the current Penal Code, people’s power can be categorized as treason and how people’s power policies should be in the future under the legal construction of treason under criminal law.&nbsp; the normative point of view with the statutory approach, conceptual approach, and case approach, analyzing the concept of people’s power is not appropriate to calls as a criminal act of treason because it does not meet the juridical construction of treason under the Article 104, Article 106, and 107 of the penal code(KUHP). Likewise, in Article 191 Indonesian Penal Code Bill (RKUHP), Article 192, Article 193, and 194 RKUHP. People’s power policy in the legal construction of treason criminal law as an effort to reform the Penal Code needs to be reformulated in particular articles, later in Article 194 ofthe penal code(KUHP). The legal construction of treason criminal law then emphasized in words against the government without using the weapons.</em></p> Nur Aripkah, Eko Soponyono, Aistha Wisnu Putra ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/116 Fri, 23 Oct 2020 00:00:00 +0800 Realizing Justice through the Credit Restructuring Policy Due to The Spread of Covid-19 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/119 <p><em>This study aims to find an overview of the bank credit restructuring policy and the realization of the fair value of the government policy. The stimulus provided was in the form of restructuring bank credit due to the spread of Covid-19. The research method used is a normative juridical research method with a statutory approach and a conceptual approach. This study uses secondary legal data in the form of primary legal materials, namely POJK No. 11 / POJK.03 / 2020, and secondary legal materials, namely books, journals, and other literature related to research problems. Based on the results of the study, it is known that the credit restructuring policy is an attempt by the government to provide legal protection for bank debtors who cannot fulfill their obligations to banks due to the spread of Covid-19. The realization of the value of justice in this credit restructuring policy is felt by all parties, the bank, and especially the debtor. The existence of a bank credit restructuring policy guarantees legal certainty to provide a sense of justice for debtors affected by Covid-19.</em></p> Josua Navirio Pardede, Wigati Taberi Asih ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/119 Fri, 23 Oct 2020 00:00:00 +0800 The Complexity Problem on the Law Enforcement by Indonesian Police Agency during the COVID-19 Pandemic http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/120 <p><em>In Indonesia, the COVID-19 pandemic can be a fundamental concern if it is not able to overcome its impact. This pandemic considered to be very influential in affecting and disturbing several fundamental aspects of a country, such as health, economic, legal aspect, defense and security, and etc. This study examined the complexity problem of law enforcement by the police officer during the COVID-19 pandemic. The method of this researchusesnormative legal research by prioritizing secondary data that analyzed descriptive qualitative analysis techniques. The results of this study indicate that the police are referred to the law that lives in the community because of the work of the police plays an important role in maintaining the security and defense of the community, the law enforcement, as well as providing protection, protection, and services to the community. This has placed the police in dealing with various dynamics of social changing including the current COVID-19 pandemic. However, the problem with police law enforcement in the current COVID-19 pandemic arises from the implementation of Large-Scale Social Restrictions (PSBB) policy, the complexity problem in law enforcement on PSBB, and the choice to the possible solutions.</em></p> Dwi Putri Hardiani, Nyoman Serikat Putra Jaya ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/120 Fri, 23 Oct 2020 00:00:00 +0800 Legal Protection on Franchise as Business Alternative Development http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/122 <p><em>The growth of franchise has developed rapidly and demanded by the franchisee and franchisor, since this system containing a symbiosis mutualism where the parties are bound to each other and gain a lot of advantages. However, this systemarisesthe questions: what is the basic consideration for the franchisee before agree in the franchise agreement? What is the requirement which needs to be listed in the franchise agreement? What is the excellence of franchise as the business alternative for the franchisee?The research method of this article is legal research or also called doctrinal research which purposes to analyze the regulation on franchise business which is descriptive, this research using a conceptual/normative approach which is a research that collecting secondary data such as primary, secondary, and tertiary legal materials. Before the parties entering a franchise agreement, the franchisee must be doing some survey on the feasibility of the franchise to know and analyzing where the result will become a consideration in the decision making for the franchisee. The franchisee should be paying attention to the criteria of the franchise if it is worth buying or as partner cooperation and take into account the criminal aspect on the franchise management.</em></p> Hartanto Hartanto, Erna Tri Rusmala Ratnawati ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/122 Fri, 23 Oct 2020 00:00:00 +0800 Critical Analysis of Consumer Protection in “Lootbox” Virtual Transaction System in Indonesia http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/87 <p><em>Purpose of this research is to determine consumer protection regulation for virtual (Lootbox) transactions in Indonesia. The research method is normative legal studies. Results of the study is that virtual transactions are easily carried out, such as loot box virtual transactions that is affected to financial loss for both consumers and countries. Regulations that have made by several countries need to be further analyzed and examined in order to be implemented and regulated as in the country of Belgium issuing rules that require the (Lootbox) to be banned or be subjected to sanctions for violations of the Gambling Law in that country. So that Indonesia should make (Lootbox) regulation even though the regulation is unspecified in KUHP and Bill of Act on Electronic Information and Transaction that can make consumers protection is more guaranteed.</em></p> Dende Ratna Sari Marinah, Ardi Krisna Wardana, Baiq Vatriana Sasa Wisesa, Fradisti Reta Ikasari Mediana, Mas'adah Mas'adah ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/87 Fri, 23 Oct 2020 00:00:00 +0800 Criminalization of Human Trafficking; Assessment of Victims in Judges' Verdict for Deviant Sex services http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/123 <p><em>The current criminal law still adheres to the concept of Daad Dader Strafrecht, therefore, the existence of crime victims could not betouched by the law which implemented in every judge's decision,such as the event that a husband <strong>sells</strong> his wife for sex or threesome,the wife position here as the victim, this research was done by using legal research of normative law,which applies statute approach and case approach, by examining Sidoarjo State Court Verdict Number</em><em>: 889/Pid.Sus/2018/PN</em><em>.</em><em>SDA,</em><em> and it obtained several&nbsp; results, first inaccurate application of law and weak point of views of victim of crime. It can be concluded that after examination of legal facts, review the literatures&nbsp; and analyze it based on the cases, this work suggest husband activities on selling his wife by illegal sex/threesome should not be included as human trafficking. Since normatively, it is not relevant, furthermore the condition of family is not really well.</em></p> Djoko Sumaryanto ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/123 Fri, 23 Oct 2020 00:00:00 +0800 The Making of Land Deed and the Registration of Land Rights Transition through the Inheritance by the Village Community and its Legal Implications (A Study in Sub District of Lingsar, the District of East Lombok) http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/125 <p><em>The aims of this research are to review and analyzing the society behavior in making of the land deed and the registration of land transition on the transfer of rights through inheritance, and its legal implications if the transfer of the land rights without the land deed and was not registered in the national land agency. The study of this research is empirical legal studies and using the normative approach as well the sociolegal approach. Which are the library conduct and the data from the field, the result of this research reviewed and analyzed in the normative and qualitative ways.The normative analysis using the legal interpretation while the qualitative analysis using the data reviews. Further, it is concluded through the deductive reasoning and the result of this research after reviewed and analyzed are as follows: 1. the reason of the society in sub district of Lingsar tend to not make the land deed and did not do the registration in the national land agency on the matters of transfer of land rights are : the heritance custom, the legal tradition of the society have been rooted, the registration needs a lot of money to spend, and the procedures of land deed making and its registration takes a long period of time. 2. The legal implication of land rights through inheritance which was not registered and the deed was not made is legitimate and is protected under the law, since the heritance is the legal event which according to the law where the rights of inheritance land is transferred, the making of deed and registration only as the administration obligations.</em></p> Arba Arba, Sahnan Sahnan ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/125 Fri, 23 Oct 2020 00:00:00 +0800 The Application of the Best Interest of the Child Principle as a Basis for Determining Child Custody http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/126 <p><em>This research was conducted to introduce the principle of the best interest of the child as a basis for judges to create decisions regarding the child custody that reflects child protection. Based on this idea, the problem formulations in this research are: First of al, what is the basis for determining child custody by judges in Indonesia? and Secondly, what is the basis for determining child custody that reflects the principle of The Best Interest of The Child</em> <em>This paper is legal research which applies statute approach, conceptual approach, and case approach. Based on this research, it was found that Firstof all, there are differences for judges in determining child custody in Indonesia for Muslim and non-Muslim couples. For Muslim couples, if the child is 12 (twelve) years old and over, the custody of the child is prioritized to be handed to the mother and if the child is under 12 (twelve) years of age, then custody will be given to the mother. For non-Muslim couples, generally, the custody of the child will be prioritized to be given to the mother</em><em>. Secondly, The basis for determining the provision of child custody that reflects the principle of the best interest of the child for Muslim couples is that if the child is over 12 (twelve) years old, therefore the judge should not necessarily prioritize giving custody to the mother, rather they must pay attention to aspects of the need and the wishes of the child. If the child is not yet 12 (twelve) years old, the judge should also consider the desires and needs of the child and not necessarily give custody to the mother. The basis for determining the granting of child custody that reflects the principle of the best interest of the child for non-Muslim couples is when the judge does not necessarily give priority to the mother, but should consider the desiresand needs of the child.</em></p> Angela Melani Widjaja, Ike Yeni Kartika Sari, Hasna Firaz Isza Fadhilah, Devi Sukma Ayuningtyas ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/126 Fri, 23 Oct 2020 00:00:00 +0800 Gender Stereotype in the Formulation of Crime of Rape: A Comparison of Criminal Code and Draft Criminal Code http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/104 <p>Rape is one of the crimes that may embody stereotype gender, likewise in Indonesian Criminal Code. However there is development conception concerning crimes of rape put forward in The Draft of Criminal Code. This study aims to determine the different provision of crimes of rape in Criminal Code and The Draft Criminal Code. The result of this study concluded that the provision of rape in the Draft Criminal Code have more advance than the provision of rape in Criminal Code. The Draft Criminal Code has renounce crime of rape base on gender by not showing woman as the only victim of rape. Furthermore the provisions of rape in the draft criminal code have asserted method of rape that not only by intercourse. Therefore the provision of crime of rape in the draft criminal code can include rape whose victim are boys or men.</p> Lalu Panca Tresna D, Abu Sa'it, Imas Octaviana Dewi, Lalu Rangga Satria Wijaya, Yuni Ristanti ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/104 Mon, 26 Oct 2020 00:00:00 +0800 Problematics of the Village Government Authority http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/117 <p>The purpose of this research is to analyze the authority problems of the village government. This is a doctrinal legal research by examining legal materials from libraries or research libraries to obtain secondary legal material from books, articles, research results, and regulations, as well as experts relating to the exercise of villages authority. The solution offered is that the authority of the village government will run well when it is support by the authority of recognition and subsidiarity and the availability of human resources who have expertise and skills and apply good governance to create a village social welfare.</p> Ahmad Yamin, Supriyadi Supriyadi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/117 Tue, 27 Oct 2020 00:00:00 +0800 Mechanism of Business Contract Drafting in Supporting Economic Activities http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/124 <p>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.</p> Muhammad Sood ##submission.copyrightStatement## http://creativecommons.org/licenses/by-nc/4.0 http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/124 Tue, 27 Oct 2020 00:00:00 +0800