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) Thu, 07 Sep 2017 00:00:00 +0800 OJS 3.1.0.1 http://blogs.law.harvard.edu/tech/rss 60 THE NEW DEVELOPMENT OF SUBJECT OF INTERNATIONAL LAW http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/3 <p align="justify">Nowdays the status of subject of international law is one of the most controversies in international law, particularly in part of corporation (multinational entities) and non governmental organizations. Since the status of subject of international law gives entities rights and duties under international law, it is important to find out the new development in the subject of international law. The issue in this article is what is the new development on the establishment and recognition of subject of international law?. To solve the issue, this article using normative reseach with conceptual approach and historical approach. The conclusion withdrown is that The new development in the subject of international law is the debate on the establishment and recognition of corporations and Non Governmental Organization as subject of international law. The view that corporation and NGO should established as subject of international law is based on the important role those entities has played in international plane. However, regardless the important role they play, they can not considered as the subject of international law since the lack recognition from international community.</p> Supardan Mansyur ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/3 Mon, 11 Sep 2017 00:00:00 +0800 REGULATION AND SUPERVISION OF SHARIA BANKING ACCORDING TO INDONESIAN LEGISLATION http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/4 <p align="justify">The purpose of this research is to analyze the regulation and supervision of Sharia banking business according to positive law in Indonesia, while the target is to be achieved, first, to analyze the regulation of Sharia banking supervision institution of according the positive law; Second, the existence of the institution of Sharia banking supervision, comparison of Sharia banking supervision that conducted by Bank Indonesia, the Financial Service Authority (FSA), the Board of Commissioners, and Board of Sharia Supervisory (BSS) according to Indonesian positive law. The gathering of legal materials conducted through the study of literature, then conducted a qualitative descriptive analysis to obtain a prescriptive conclusion deductively. The result of research shows that the regulation and supervision of Sharia banking in Indonesia at first is the authority of Bank Indonesia, then change judicially to become the authority of the FSA. The supervision of Sharia bank internally is also the authority of the Board of Commissioner and ShariaBSS as stipulated in the Banking Law of Sharia and Limited Company Law. Base on the result of research, there are inconsistent or conflict of norm about authority among institutions on regulation and supervision of banking. The problem can cause the legal uncertainty in the implementation of its functions, duties and authority of the FSA as an institution that is mandated by law in conducting regulation and supervision of banking. Therefore, it necessary to regulate comprehensively about Sharia banking supervision in an article or provision clearly and comprehensible, because of there are differences of the characteristics of Sharia banking activities.</p> Muhammad Sood ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/4 Mon, 11 Sep 2017 00:00:00 +0800 BAJA BIMA CUSTOMARY SANCTIONS AS ALTERNATIVE POLICY OF CORRUPTION ACTORS IN BIMA REGENCY WEST NUSA TENGGARA http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/10 <p align="justify">Purpose of this study are to find out Baja custom value as an effort to minimalize factors that cause high number of corruption in Bima district of West Nusa Tenggara province. Furthermore to explain the implementation Baja sanction as an alternative punishment for the corruptor in Bima district of West Nusa Tenggara province. This research use socio legal method which is combine qualitative and quantitative. Result of the research are; that Baja custom sanction is very important to be implemented since the corruption crime to the district budget of revenue and expenditure is so massive, by revitalize norms of Baja custom and summarized it in an awig-awig (customary law) that applied in all villages in district of Bima of West Nusa Tenggara province. Implementation of the sanction of Baja custom as an alternative punishment for the corruptor is keeping by activate and maximize the role of the custom institution such as Majelis sara Tua. Revitalization should be planned by the district government and supported by the society.</p> Mohammad Irfan ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/10 Sat, 14 Oct 2017 11:38:10 +0800 PRINCIPLE OF TRANSPARENCY IN PROCUREMENT OF GOODS AND GOVERNMENT SERVICES THROUGH RUILSLAG http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/6 <p align="justify">The aim of this paper are to understand and analyze the transparency principles on procurement of government goods and services by virtue Presidential Decree No. 4 2015 on Procurement of Goods and Services which is able to applied in the procurement of government goods and services through ruilslag. The research method using a normative legal approach, since the research will examine and analyze various law priciniples and regulation that are related to the transparency principle on procurement of government goods and services by way of ruilslag. The result of this research described deeply the transparency principle on procurement of goods and services according to Presidential Decree No 4 2015 on procurement of goods and services as the fourth amendment of the presidential regulation No.54 2010 that can be applied in the procurement of goods and services through ruilslag in purpose to be acknowledge by the parties/stakeholders regarding to the formulation of government policy, organization and the enterprises on the implementation of ruilslag, in order to achieve the good governance purpose.</p> Ainuddin - ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/6 Mon, 11 Sep 2017 00:00:00 +0800 POLITICAL INFLUENCE IN THE SYSTEM OF REGIONAL ELECTION IN INDONESIA http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/7 <p align="justify">The election of regional in Indonesia has not reached the objectives of the General Election as referred to in the Constitution 1945. This is much influenced by political parties, therefore the issue raised is the political influence in the system of regional elections. Based on the results of the discussion that analyzed and drawn conclusions: Political influence in the system of regional election in Indonesia has an important position (status) and role in every democratic system. The Party plays role very strategic liaison between government processes and citizens. Even the political parties that determine democracy, so it is a pillar that important to strengthened its institutionalization In any democratic political system (the degree of institutionalization). A good party system determines the functioning of the state administration system based on the principle of in a broad sense "checks and balances". In contrast, the effective functioning of the state's institutional functions in accordance with the principles of checks and balances under the constitution also greatly determines the quality of party systems and the mechanisms of democracy developed in a country, so that political parties are just one of the forms of institutionalization as a form of expression of ideas , Free thoughts, views, and beliefs in democratic societies and political parties that act as intermediaries in the processes of state decision making, connecting citizens with state institutions.</p> <p align="justify">The election of regional in Indonesia has not reached the objectives of the General Election as referred to in the Constitution 1945. This is much influenced by political parties, therefore the issue raised is the political influence in the system of regional elections. Based on the results of the discussion that analyzed and drawn conclusions: Political influence in the system of regional election in Indonesia has an important position (status) and role in every democratic system. The Party plays role very strategic liaison between government processes and citizens. Even the political parties that determine democracy, so it is a pillar that important to strengthened its institutionalization In any democratic political system (the degree of institutionalization). A good party system determines the functioning of the state administration system based on the principle of in a broad sense "checks and balances". In contrast, the effective functioning of the state's institutional functions in accordance with the principles of checks and balances under the constitution also greatly determines the quality of party systems and the mechanisms of democracy developed in a country, so that political parties are just one of the forms of institutionalization as a form of expression of ideas , Free thoughts, views, and beliefs in democratic societies and political parties that act as intermediaries in the processes of state decision making, connecting citizens with state institutions.</p> Asmuni - ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/7 Mon, 11 Sep 2017 00:00:00 +0800 CONFIDENTIALITY GUARANTEE OF TAX INFORMATION AGAINST THE PROPERTY OF TAXPAYER IN MANAGEMENT EXAMINATION AND THE STATE FINANCIAL RESPONSIBILITIES WHICH CONDUCTED BY THE AUDIT BOARD http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/8 <p align="justify">This research analysis meant to find out legal consideration used byConstitution judge, whether in accordance or not to legal principles, moral andsocial justice. Therefore,this article tend to place problems that linked to conflict of norm in term of The Audit Board (BPK) authorities over a good and compliance Taxpayerl,and progressive related The Constitutional Court decision of The Audit Board(BPK) authorities of a good and compliance taxpayer in the context of The 1945Constitution of The Republic of Indonesia at its proportion in order tostraightening the consistency of rule of law in Indonesia’s legal system, for theshake of completion of logical degree of optimal norm.Intrinsically, decision in the case of petition for Judicial Review of the Act Number 28 of 2007 on the Third Amendment to the Act Number 6 of 1983 on the General Taxation Provisions and Procedures against the 1945 Constitution of the Republic of Indonesia, can be made guidance (stelling) to the happening ofopaqueness norm or obscurity norm (vague van normen) which flange at thehappening conflict of norm (geschiljd van normen) related existence of twoimportance of law between The Audit Board (BPK) and Taxpayers which both ofthe same owning of rights which under the aegis of Constitution.</p> Johannes Johny Koynja ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/8 Mon, 11 Sep 2017 00:00:00 +0800 SUSTAINABLE DEVELOPMENT IN THE PROTECTION AND MANAGEMENT OF ENVIRONMENT IN THE LOCAL AUTHONOMY FRAMEWORK http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/2 <p align="justify">This research aims to know the obligation and authority of regional government in integrated sustainable development in a region environment matter. This research is a normative research with statatute approach and conceptual approach.The data gathered by library research and then analyzed with qualitative method. Result of this research showed that to meet the obligation to integrated sustainable development in regional affair the regional government must arranged Planning of Environment Protection and Management (PEPM/RPPLH) and Strategic Environment Analysis (SEA/KLHS). Authority of regional government to exploit natural resources shall through a planning phase by means of PEPM. Likewise with all the policy, planning and program that potentially caused impact or risk to environment shall have SEA first. PEPM and SEA must included in The Regional Midlle Term Planning and The RegionalLong Term Planning (RPJMD and RPJPD)</p> Zunnuraeni -, Kafrawi -, Abdul Khair ##submission.copyrightStatement## http://unramlawreview.unram.ac.id/index.php/ulrev/article/view/2 Mon, 11 Sep 2017 00:00:00 +0800