https://unramlawreview.unram.ac.id/index.php/ulrev/issue/feed Unram Law Review 2022-11-11T14:57:07+08:00 Zunnuraeni unramlawreview@unram.ac.id 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> https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/236 The Urgency Of Green Ship Recycling Methods And Its Regulations In Indonesia From The International Law Perspective 2022-10-31T09:45:24+08:00 Bismo Jiwo Agung bismo.jiwo@ui.ac.id Arie Afriansyah arie.afriansyah@ui.ac.id <p><em>One of the critical problems for ships utilization is the limited operative life which affect its efficiency. Therefore, ship owners tend to send these ships for recycling. On the one hand, ship recycling industry can absorb labour and become a source of state revenue.&nbsp;Nevertheless, these activities significantly affect the preservation of the marine environment if not appropriately managed. Marine waste pollution is an essential issue in global context. Regrettably, as a country with a massive shipping intensity and geographically a strategic location, Indonesia does not have a comprehensive national policy regarding recycling ships weighing for 500 GT or more.&nbsp; The government allows conventional ship recycling methods that are not environmentally friendly and sustainably, which contradicts Indonesia's commitment to supporting the Sustainable Development Goals (SDGs). Thus, Indonesia is vulnerable to claims regarding poor pollution management due to ship dismantling activities. The claim could be addressed to the state’s responsibility, which refered to international instruments such as conventions and guidelines in terms of preventing pollution to neighboring countries originating from ship breaking and dismantling activities that lack regulation and measures. This article argues the urgency to reform the current national ship recycling regime in the future to apply a greener method by alluding to international general principles, customary and jurisprudence.</em></p> 2022-10-26T14:56:30+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/206 The Query Of The Sanctions For Enforcement Of Money Politics In Indonesia 2022-10-31T09:41:06+08:00 Mirawati Saktiana mirawati2021saktiana@gmail.com Zudan Arif Fakhrulloh mirawati2021saktiana@gmail.com <p><em>General elections, which are held on a regular basis to elect leaders in a country, are a sign of a democracy. The ruling of the Constitutional Court, which specifies that elections in Indonesia be held concurrently, both national and local elections, undoubtedly produces dynamics and obstacles in election administration. It is evident that the practice of electoral fraud is inextricably linked to the conduct of elections in Indonesia. Starting with indirect elections, Indonesia has now moved on to direct elections. Because the execution is simultaneous and simultaneous, the concentration of election organizers and supervisors is split. Although there is already an Election lAW that regulates law enforcement for election offenses, the existence of these provisions is regarded ineffective and inefficient in areas where there are still numerous frauds in elections, including money politics. This paper will look at the regulation of vote buying (money politics) and how sanctions are used. Using primary, secondary, and tertiary legal texts, this study employs a normative legal writing technique. This study concludes that the regulation of criminal punishments in money politics fraud has been regulated in Elections Law Number 7 of 2017. Although infractions of legal politics are restricted under the a quo Law, these arrangements have not been totally effective in limiting the degree of election violations and crimes, particularly money politics.&nbsp;As a result, it should be reconsidered by considering other administrative fines for political parties or candidate candidates in order to offer a greater deterrent impact.</em></p> 2022-10-30T20:46:24+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/254 Establishment Of Indigenous People Owned Enterprises As A Form Of Community Corporate In Sumbawa Regency 2022-10-31T09:40:30+08:00 Ahmad Yamin ahmad.yamin@uts.ac.id Geatriana Dewi Geatrianadewi86@gmail.com <p><em>Indigenous People Owned Enterprises are basically business entities which managing two roles, both as a natuurlijke persoon and recht persoon. In the other hand, it also works as an economic provider along as juridical benefits to members, which leads to encourage economic independence and mutual prosperity. This paper aims to build the economic independence of indigenous peoples through the construction of BUMMA which was formed by indigenous women. The approach method applied within this study is statute approach by applicating the combination of library research with social approach for indigenous women in each indigenous community in Sumbawa Regency. The results obtained by the research is BUMMA as natuurlijke persoon en rechtspersoon is a fresh approach in managing business entities at the level of customary law which worthwhile from, by, and for indigenous women. The existence of BUMMA as a part of customary law communities and as a form of community corporation is a new form of economic institution nowaday in attempt to develop independence and the welfare of indigenous women as part of the customary law community.</em></p> 2022-10-30T20:46:58+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/243 Legal Protection For Consumers On Withdrawal Of Fiduciary Objectives By Financing Companies Due To Covid 19 In Mataram City 2022-10-31T09:44:56+08:00 Edi Yanto edidinata85@gmail.com Rena Aminwara rena28@gmail.com Sahrul Sahrul sahrul25@gmail.com <p><em>The purpose of this study is to obtain the first description: legal protection for consumers for the withdrawal of fiduciary guarantee objects by finance companies due to Covid 19, and second: the role of the Mataram City Consumer Dispute Resolution Agency (BPSK) in resolving consumer financing disputes in Mataram City. This type of research is a normative and empirical law that examines legal materials and data. The approach used is legislation and concepts, then analyzed with qualitative description.</em></p> <p><em>Legal protection for consumers for the withdrawal of fiduciary guarantee objects by financing companies due to covid 19. The government issues a Countercyclical policy through restructuring or credit relaxation for debtors with the potential to have difficulty fulfilling their obligations; however, suppose the restructuring effort does not result in a settlement. In the case, dispute resolution is carried out based on the clauses in the agreement or credit agreement signed by the parties.</em></p> <p><em>The Mataram City BPSK resolving consumer financing disputes due to Covid 19 in Mataram City, has an essential role as a quasi-judicial institution in resolving consumer disputes out of court. This institution was born as a form of equitable distribution of justice for the community, especially consumers who have not had access to dispute resolution in the judiciary.</em></p> 2022-10-30T20:47:33+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/219 The Establishment Of Legislation Using Omnibus Law As A Legal Breakthrough By The Government 2022-10-31T09:46:03+08:00 Ahmad Muzayyin S ayin.ahmad19@gmail.com Muhammad Khairil Anwar wankseran@gmail.com M. Yusuf Habiby lubisyusuf90@gmail.com Tria Septiana triaseptiana8@gmail.com <p><em>Legislation and the process of its formation have a significant function in the development of national law. In Indonesia, legislation is the main method of creating law and the foundation of the national legal system. However, Indonesia is currently having hyperregulation. This article aims to describe the omnibus law method as a legal breakthrough used in the framework of establishing legislation. The discussion shows that omnibus law is the accurate method to be used as a solution in structuring laws and regulations. To overcome hyperregulation in Indonesia, the government chose the Omnibus law method, which is a legal breakthrough by forming new laws that amend, delete, and or/make new provisions from various laws. Law Number 11 of 2020 concerning Job Creation is a law that establishes using the omnibus method by changing, deleting, and or making new provisions from various laws.</em></p> 2022-10-30T20:55:48+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/248 The Role Of CITES Management Authorities On The Law Enforcement Process On Shark Finning Crimes In Indonesia 2022-11-02T08:41:13+08:00 Rafika Rizky Aulia Rahman rafikaaulia03@gmail.com Arie Afriansyah arie.afriansyah@ui.ac.id <p><em>Sharks are one of the animals that are included in the CITES Appendix list and occupy the top position in the food chain in marine ecosystems. But in reality, these animals are often becomes the main catch targets or by-catch targets. The practice of shark finning is one of the activities that refer to cutting only the fins of sharks and throwing the rest of the body (whether alive or dead) back into the sea. If the animals that are at the top of the food chain in the sea are exploited irresponsibly so that they are threatened with extinction, this will have an impact not only on the species itself but will also have to impact other species and damage the marine environment. The purpose of this article is to find out how the role of management authorities in law enforcement in the crime of shark finning in Indonesian waters. Thus the question in this article is, how law enforcement will be able to suppress shark finning activities that occur in Indonesian waters. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore about shark finning crime. Research results show that the Ministry of Maritime and Fisheries as the Indonesian fish resource management authority has participated in the Task Force to eradicate illegal fishing under the rules of the Minister of Maritime and Fisheries of the Republic of Indonesia related to the standard operating procedures of the Law Enforcement Task Force to Eliminate Illegal Fishing as a specific criminal charge for the crime of shark finning as transnational crime. If activities are carried out in the waters of Indonesia, the charges for fines of sharks in the waters of Indonesia are under the jurisdiction of Indonesia as a sovereign state.</em></p> 2022-10-30T21:02:53+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/246 The Effectiveness Of Awig-Awig On Merariq Age Maturation In Prevention Of Early Marriage In Kekait Village 2022-10-31T09:43:49+08:00 Hamdi Hamdi hamditaufik82@gmail.com Fitriani Amalia famelia379@gmail.com Sahrul Sahrul sahrul25@gmail.com <p><em>Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage Article 7 reads, "marriage is only allowed if a man and woman have reached the age of 19 (nineteen) years". In the new law, the age requirement is 19 years for the two prospective brides. While the age of marriage in the previous law, namely Law Number 1 of 1974 concerning Marriage in Article 7 paragraph (1), it is stated that "marriage is only allowed if the man has reached the age of 19 years of marriage and the woman has reached the age of 16 years. Merariq in the Sasak community is difficult to avoid because it is a hereditary tradition, as well as in Kekait Gunungsari Village, District, West Lombok Regency. Merariq in Kekait village is a regular marriage. In fact, almost all marriages are carried out with merariq. Merariq in Kekait village leaves social problems, such as easy divorce, stunting, early marriage, and school-age marriage. School-age marriage and early marriage are the focus of the Kekait Village Government which must be prevented through village regulations or awig-awig on the maturation of the age of merariq. This awig-awig regulates the merariq procedure, starting from the minimum age for merariq, farewell to the bride and groom who have not reached the minimum age requirement, school-age marriage, to sanctions for those who marry early. Sanctions are also given to village officials directly involved in early marriage.</em></p> 2022-10-30T00:00:00+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/218 Normative Review Of Regional Tax Legal Political As A Pillar Of Development And People's Welfare In The Region 2022-10-31T09:46:31+08:00 Nurwahidah Nurwa Al-idris Nurwahidahalbimawi@gmail.com Muhammad Akbar Muhammad.akbar.1707.ma@gmail.com Muhammad Gigih Reformasi gigihhadi290698@gmail.com Iin Hidayatul Auliya Hidayatul Auliya Iinqinsan@gmail.com <p><em>Good and correct local tax management is one indicator of the achievement of regional financial management objectives as mandated by the legislation. Regional taxes, which are one of the sources of regional original income (PAD), have a strategic role in supporting the region's development. This article aims to describe the legal politics of regional tax management and its relation to encouraging development and people's welfare in the regions. This study is a normative study with a statutory approach and conceptual approach. The study result shows that the legal politics of tax is a policy direction for the allocation and use of taxes based on the achievement of the welfare or prosperity of the people. Furthermore, the legal politics of regional tax is an important part of the political management system of regional finance carried out every year containing policies regarding regional development financed by the regional budget. Every regional financial budgeting using local taxes must be directed at the realization of the welfare and prosperity of the people</em></p> 2022-10-30T21:32:59+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/244 Consumer Protection Of Mobile Banking Users (Case Study Of Commonwealth Mobile Banking Account Breaking On Behalf Of Ilham Bintang) 2022-11-11T14:57:07+08:00 Muhammad Ilham vmuhammadilhamz@gmail.com Inosentius Samsul inosentius.samsul@dpr.go.id Henny Marlyna hennymarlyna@gmail.com <p><em>Bank services, in general, are services to store customer funds safely. As one of the bank's primary services, customers have the right to obtain guarantees for funds deposited in the relevant bank. In its development, bank services have used technology assistance to create a mobile banking product. In the case raised in this paper, some customers lose funds at the bank, where the funds are stored use mobile banking. The purpose of this paper is to review the applicable Indonesian laws following the case of Ilham Bintang, a consumer of Common Wealth Bank. This research shall use secondary data from the normative juridical, a process to find the rule of law, legal principles, and legal doctrines to answer the legal issue. The legal topic discussed in this paper is how the applicable laws of banking and consumer protection protect bank consumers specifically, regarding account break-ins. Based on Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking and Law Number 8 of 1999 concerning Consumer Protection, banks as business actors are required to provide compensation, damages, and reimbursement, if offered, are not according to what promise. However, if it proven that this is not the business actor’s fault, the business actor may be released from this responsibility.</em></p> 2022-10-30T21:43:20+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/255 Subsidized Home Ownership Credit Agreement at the Mataram Branch of PT. Bank Tabungan Negara 2022-11-09T22:41:25+08:00 Sudiarto Sudiarto sudiartomataram@gmail.com Adhitya Bagus Singandaru ab.singandaru@gmail.com Adhitya Bayu Suryantara adhityabayus@unram.ac.id <p><em>Regarding to the fulfillment of the housing needs of the society, Indonesian government finally issued a policy related to subsidized housing ownership for low-income groups by installments through banks. However, the fact provision of subsidized housing loans experienced bad credit due to a lack of prudence by the bank in analysis before granting credit. The research method used in this study is a normative research method, by using library materials as primary data, especially from literature. The results of this study are to avoid the possibility of bad credit in the provision of subsidized housing loans, the bank as the creditor must be able to apply the prudential principle by conducting credit analysis in approving a credit application submitted. The principle of bank prudence takes the form of the 5C principles, which then known as Character, Capacity, Capital, Collateral, Condition of economy.</em></p> 2022-10-30T22:04:36+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/249 Legal Protection For MSMES In West Seram Regency During The Pandemic Period 2022-10-31T09:42:48+08:00 Ronald Fadly Sopamena rfsopamena@gmail.com Adonia Ivonne Laturette laturettedony@yahoo.com Marselo Valentino Geovani Pariela mpariela@gmail.com <p><em>The study aims to examine legal protection for MSMEs during the Covid-19 Pandemic in West Seram Regency.The type of this research is socio-legal research, which is a combination method between doctrinal legal research and empirical legal research. The results of the study found that the form of legal protection that the West Seram Regency Government could provide to MSMEs, one of which was by issuing a policy of aiding MSMEs who are affected by the pandemic, whether MSMEs were unable to pay installments or were losing money during the pandemic or for MSME actors even though they did not have debt. in the form of Business Assistance, it is worth of Rp. 1,200,000 which provided twice in a year in purpose to assist the business. However, there are challenges in the policy implementations due to not all MSME owners are able to receive this assistance.</em></p> 2022-10-30T21:52:23+08:00 ##submission.copyrightStatement## https://unramlawreview.unram.ac.id/index.php/ulrev/article/view/250 Tax Imposition And Legal Enforcement On The Digital Asset Of Non-Fungible Token (NFT) 2022-10-31T09:41:59+08:00 Annisa Intan Dwitanti annisaintan86@gmail.com Dian Puji Simatupang dian.puji@ui.ac.id <p><em>Non-Fungible Token (NFT) is a token on the blockchain network that is used as a token of authenticity in the ownership of digital work. Along with the development of NFT as one of the investment instruments in Indonesia, it certainly raises big questions in terms of taxation. The problems in this study include, how to regulate the imposition of taxes on digital NFT asset transactions and how to enforce the law if there is a taxpayer deviation from NFT digital asset transactions. This research method is qualitative and descriptive with a normative legal approach. The results of the study indicate that NFT digital assets do not have specific tax regulations in Indonesia, but in connection with the transaction being supported through cryptocurrency, the tax is imposed according to PMK Number 68/PMK.03/2022. In terms of law enforcement on tax payments on NFT digital asset transactions, administrative and criminal sanctions may be imposed in accordance with Law Number 28 of 2007 concerning General Provisions and Tax Procedures.</em></p> 2022-10-30T22:11:52+08:00 ##submission.copyrightStatement##