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Unram Law Review
Published by Universitas Mataram
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Core Subject : Social,
Universitas Mataram(Unram) Law Review(ULREV) is a peer-reviewed journal published by the Law Faculty of Mataram University, is Indonesian Journal of Law as a forum for communication in the study of theory and application in 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. Scope: 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.
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Articles 54 Documents
PENGARUH POLITIK DALAM SISTEM PEMILIHAN KEPALA DAERAH DI INDONESIA -, Asmuni
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.7

Abstract

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. 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.
JAMINAN KERAHASIAAN INFORMASI PAJAK TERHADAP PROPERTI PEMBAYARAN PAJAK DALAM PEMERIKSAAN MANAJEMEN DAN TANGGUNG JAWAB KEUANGAN NEGARA YANG DILAKUKAN DEWAN AUDIT Koynja, Johannes Johny
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.8

Abstract

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.
PEMBANGUNAN BERKELANJUTAN DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DALAM KERANGKA OTONOMI DAERAH -, Zunnuraeni; -, Kafrawi; Khair, Abdul
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.2

Abstract

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)
Pengembangan Subyek Baru dari Hukum Internasional Mansyur, Supardan; Zunnuraeni, Zunnuraeni
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.3

Abstract

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.
PERATURAN DAN PENGAWASAN PERBANKAN SYARIAH MENURUT PERUNDANG-UNDANGAN INDONESIA Sood, Muhammad; Muhaimin, H.; Ismail, Sumiyati
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.4

Abstract

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.
SANKSI ADAT BAJA BIMA SEBAGAI ALTERNATIF HUKUMAN PELAKU KORUPSI DI KABUPATEN BIMA NUSA TENGGARA BARAT -, H. Israfil
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Tujuan penelitian ini adalah untuk mengetahui nilai adat Baja sebagai upaya meminimalisir faktor penyebab tingginya angka korupsi di Kabupaten Bima Provinsi Nusa Tenggara Barat. Selanjutnya untuk menjelaskan penerapan sanksi Baja sebagai alternatif hukuman bagi koruptor di kabupaten Bima provinsi Nusa Tenggara Barat. Penelitian ini menggunakan metode sosio legal yang bersifat kualitatif dan kuantitatif. Hasil penelitiannya adalah; bahwa sanksi khusus Baja sangat penting untuk dilaksanakan karena kejahatan korupsi terhadap anggaran belanja dan pendapatan daerah sangat besar, dengan merevitalisasi norma adat Baja dan meringkasnya dalam sebuah awig-awig (hukum adat) yang diterapkan di semua desa di kabupaten Bima provinsi Nusa Tenggara Barat. Penerapan sanksi adat Baja sebagai alternatif hukuman bagi koruptor adalah menjaga dengan mengaktifkan dan memaksimalkan peran lembaga adat seperti Majelis Sara Tua. Revitalisasi harus direncanakan oleh pemerintah kabupaten dan didukung oleh masyarakat.
PRINSIP TRANSPARANSI DALAM PENGADAAN BARANG DAN JASA PEMERINTAH MELALUI RUILSLAG -, Ainuddin
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.6

Abstract

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.
SANKSI ADAT BAJA BIMA SEBAGAI ALTERNATIF HUKUMAN PELAKU KORUPSI DI KABUPATEN BIMA NUSA TENGGARA BARAT Irfan, Mohammad; Israfil, H.
Unram Law Review Vol 1 No 1 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i1.10

Abstract

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.
Practice of License to Open State Land in Balikpapan Sari, Deasy Ratna
Unram Law Review Vol 1 No 2 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i2.11

Abstract

This study aims to find out why the License to Open State Land can be the basis for land registration and to know the legal consequences on the sale and purchase of land objects based on the License to Open State Land. This research is done empirically juridically, that is by collecting data by researching and examining facts that exist in line with the observation in the field. Land issues in Indonesia are the responsibility of all parties involved, including the responsibilities of the central and local governments. The Local Government of Balikpapan City stipulates the IMTN regulation. The result of this research is the regional regulation aims to prevent and reduce the existence of land disputes by the orderly administration of land affairs. Land Acquisition License Can Become the Foundation for Land Land Registration because it is legally determined that the license holder can apply for a right to land within 3 years since the IMTN is issued. As a result of the Law on Sale and Purchase of Land Objects Based on the License to Open the Land of the State ie the agreement becomes null and void and the sale and purchase agreement is considered never existed.
Immigration Control On Foreign Visiting Permit In Southeast Sulawesi Meilinda, Rizki Putri
Unram Law Review Vol 1 No 2 (2017): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v1i2.13

Abstract

This study aims to find and explain the immigration control system on foreign residency permits conducted by the First Class Immigration Office of Kendari City as well as to find and explain the immigration control on the abuses of visitor visas by foreigners in Southeast Sulawesi. This type of research is empirical sociological research by collecting data by examining primary data in the form of interviews to secondary data that is available in the field data and examine the facts that exist, in line with the observations made in the field and then reviewed based on relevant legislation to solve the problem . Data obtained from the results of both primary and secondary data were analyzed qualitatively using theoretical basis then presented in a descriptive. The results of this study indicate that the immigration control system on foreign residency permits conducted by the Immigration Office Class I Kendari City there are 2 (two) types of administrative supervision and field supervision. Administrative control is done by checking the validity of immigration documents in the form of travel documents or sponsorship and visit permits and by the immigration. while field supervision is supervised by direct disbursement to any company that has a foreign worker and monitors the sponsor or company on the validity of the residence permit including open supervision and closed supervision, and Immigration Control on the abuses of visa visits by foreigners in Southeast Sulawesi can be done by way of prevention prior to the occurrence of a law violation in the form of periodic observation / surveillance, disguise and acting as intelligence as well as supervision is done in the form of countermeasures in this case the visit visa abuse by following up and processing legally and deporting for foreigners who proven to abuse visa Southeast Sulawesi. Keywords: Immigration control, residence permit.