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 zunnuraeni17@unram.ac.id (Zunnuraeni) abdulpatahmuzakir@gmail.com (Abdul Patah Muzakir) Sat, 28 Apr 2018 12:10:08 +0800 OJS http://blogs.law.harvard.edu/tech/rss 60 NEW PARADIGM OF ABUSE OF POWER ON DISCRETION AFTER GOVERNMENT ADMINISTRATION ACT http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/23 <p><em>Discretion is one of government actions that are very vulnerable to abuse of power in it. Law Number 30 Year 2014 on Government Administration as a legal provision in the field of state administration currently regulates in detail related to discretion, abuse of power, and abuse of power in discretion in particular. This paper discusses the regulation related to abuse of power that has a paradigm shift based on Law Number 30 Year 2014 on Government Administration and benchmark it in discretion. The Government Administration Act builds a new paradigm of abuse of power by interpreting broadly abuse of power comprising beyond authority, misuse of authority and arbitrary. There are several indicators to show that discretion can be considered as abuse of power, namely: • Contrary to the Act and/or the principle of good governance; Notwithstanding the purpose of discretion or the purpose of the state in general; Breaking discretionary procedures; Beyond the Authority (onbevoegdheid); And/or has no basis of authority.</em></p> Hidayat Pratama Putra ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/23 Thu, 03 May 2018 08:06:45 +0800 Implementation Right To Attain Second Opinion Patient Of National Health Insurance Participant http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/34 <p>This research is empirical juridical research. The research material consists of the primary and secondary data. Primary Data are gained from research subject, whilst secondary data are obtained from document study, this research is analyzed with the qualitative method and explained descriptively. The research result is attained that the law protection design is given by RSUD Haji Makassar with determining the operational procedure standard of patient right poured forth in the Director SK Number 29.02.08&nbsp; About The Patient Right and Family to consult about disease matter from patient to another doctor is a law protection form preventively which the accusation service and sigh from patient poured forth the Director SK Number 155/TU/RSUD/I/2016 related to the operational procedure standard (SPO) Handling Sigh/Accusation Customer, that SPO is a repressive law protection form. Right implementation obtains the second opinion in RSUD Haji Makassar&nbsp; is not well-implemented maximumly, it is caused by no BPJS Kesehatan regulation accommodating patient right to gain the second opinion.</p> Muhammad Ikhsan Lukman, Slamet Sampurno, Amir Ilyas ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/34 Thu, 03 May 2018 08:07:27 +0800 Environmental Protection In International Humanitarian Law http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/28 <p>Environment, whether directly or indirectly is a casualty of armed conflict. As occured in Vietnam War 1961-1975, Gulf War 1991, Cosovo Conflct 1999, Iraqi War 2003 and Israel-Lebanon War 2006. UNEP concluded that armed conflict arise dangerous consequences to the environment. Environmental damage after warfare is often irreversible because the states think that environmental damage is an unavoidable consequence in order to achieve military targets.</p> <p>This research aims are to search international treaty and general principles in international humanitarian law that regulated environment protection during the armed conflict. Based on the research result it can be known that environment protection during the armed conflict has already regulated completely in international humanitarian law, not only in general agreement of humanitarian law (hag laws and geneva laws) but also in special agreement on environment protection during armed conflict, in the form of restriction on means and weapons that can be used in armed conflict. The regulation and enforcement of environment protection can be rely on general principles of international humanitarian law.</p> Erlies Septiana Nurbani ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/28 Thu, 03 May 2018 08:07:36 +0800 Legal Protection of Concurrent Creditor on Bankruptcy http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/36 <p>Bankruptcy is a method in the process of debt settlement in Indonesia through the Court, the regulation has amended several times and now the regulation of bankruptcy is regulated in The Act Number 37 Year 2004 of Bankruptcy and Postponement of Debt Repayment. In the Act, provides the debtor legal protection in the case by creditors of mass executions does concern, while the process to protect creditors from receivables refund from the debtor. The creditors are classified into 3 (three) criteria, i.e. : Separatist, Preferen and Concurrent, in this paper discussed about the legal protection to the concurrent creditor which must be clarified in the Act because of its position as a creditor who has no mortgage on his receivables.\</p> <p>Legal protection, Bankruptcy, Creditors</p> Khairus Febryan, Dewi Sartika ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/36 Thu, 03 May 2018 08:08:12 +0800 Pluralism And Freedom Of Religion In Indonesia In Context Of The Religious Blasphemy Prevention Act http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/37 <p><em>The point of the problem spectrum that becomes the legal issue in this article is in the establishment of the </em><em>Act Number 1/PNPS/1965 on Prevention of Abuse and/or Blasphemy to the Religion as requested its examination to the Constitutional Court. The Constitutional Court of the Republic of Indonesia in its decision assess that the Applicant, in fact, wishes only to look for interpretation and form "freedom of religion and confidence" in Indonesia. For that, the legal analysis was done to the problem of pluralism of religion in Indonesia it's bearing on the implementation of the Religious Blasphemy Prevention Act, ideally, include three analysis, that is governance science (bestuurkundige), human rights, and freedom of religion&nbsp; values analysis </em><em>of requested its examination to the Constitutional Court. Discussion concerning relations among religion and state become to draw to be studied by its bearing about how the ought relationship of religion and state in Indonesia society embracing pluralism</em><em>. The freedom of religion and confidence, in fact, do not represent absolute matter the religious believers to free and ease, but Also have to at one's feet of demarcation the religious believers there are in Article 28J of the sentence (2) The 1945 Constitution of the Republic of Indonesia as the supreme law of the which represent Staatsfundamentalnorm roommates giving guidance of freedom of religion and confidence in Indonesia. In the context needed or it's not the Religious Blasphemy Prevention Act, all-important only how State or Government able give the guarantee that law and regulation the which published can become base management of conflict between society the which is plural wisely and can become socio-cultural supporter national tighten tying, arrange the democratic system and governance</em><em>, so that various distortion potency flange at the happenings of interfaith conflict, internal conflict and external Also can lessen, not simply forming and equipping peripherals of law and regulation.</em></p> Johannes Johny Koynja ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/37 Thu, 03 May 2018 08:08:43 +0800 Legal Protection To Crediture To The Warranty Of Changed Living Rights Status Become A Disclosure http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/39 <p><em>This research takes on case study of civil case Number 390K / Pdt / 2016. The purpose of this study is to know and further examine the rationale constructed by the judge in the Supreme Court Decision with the number: 390K / Pdt / 2016, against the cancellation of the Deed of Grant from the parents to their child which made it in the Notary, as well as the implementation of the related judge's decision with the cancellation of the deed of grant and about legal protection against creditors collateral guarantee rights in dispute, when a guarantee which has been encumbered by the mortgage right becomes a dispute due to the transition of the previous rights which has been disputed. </em><em>The transfer of land right</em><em> must be in accordance with the correct legal process so that when the land rights are secured to the creditor, the land right</em><em> will be cleared from disputes in the </em><em>future. Law enforcers in resolving land rights disputes through litigation or non-litigation are often found that in resolving the dispute it is deemed unfair. As experienced in this case where it is not in accordance with applicable legal provisions. That the cause of the problem of land disputes in this case is the unlawful act that eliminates the status of other siblings and thus loses the right of inheritance due to the transfer of rights with the Grant Deed conducted without the knowledge of other siblings consequential in a dispute.The Land Right in dispute are guaranteed by the creditor where the debtor has defaulted and can not fulfill its obligations so that it will be sold in auction. While the efforts made by the plaintiff are to file a lawsuit to the court for the loss of their rights from the land and obtain their rights on the land of the dispute.</em></p> Febrian Wardhana ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/39 Fri, 18 May 2018 14:47:48 +0800 The Brain Drain And Human Rights http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/40 <p><em>The terms of brain drain refers to the movement of the skilled people from&nbsp; less developed country to the developed country caused by several factors such as politic unstability, poverty and development problem in the source country in order to seek out for the new opportunity and better quality of life in the receiving country. Since the movement of the brain have increased year by year, it is arises more development problem to the source country in lack of health care acces, poverty continuously and even died. The study resource of this essay conduct from the library, journal and internet resources, to examine the definition and describe the impact which caused by the brain drain. As the consequences, it is resulted that the brain drain has a negative impact to the resource country but in the other hand it has positive impact as well, further it is qualified that the brain drain have a strong relation with the human rights and have arises question does this brain drain can be blamed for the development problem in source country</em><em>.</em></p> Aisyah Wardatul Jannah ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/40 Mon, 21 May 2018 12:26:26 +0800