Musamus Law Review

Journal Information
ISSN / EISSN : 2621-9581 / 2621-959X
Total articles ≅ 40
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Sekhar Chandra Pawana, Vincentius Patria Setyawan
Musamus Law Review, Volume 4, pp 70-84; https://doi.org/10.35724/mularev.v4i2.4108

Abstract:
The Covid-19 pandemic that surge around the world, caused adjustments in various ways, including in the law. The existence of regulations regarding e court strongly supports government programs in suppressing the rate of development of the Covid-19 virus, but on the other hand this development raises questions regarding the application of the principle of audi et alteram partem. This paper aims to present how the application of Principles Audi Et Alteram Partem Compatibility in Litigation Process in State and Religious Court in emergency situation. This study uses an normative method approach with descriptive analytical research specifications. This research seeks to illustrate the facts of the Audi et Alteram Partem Principle Compatibility in E-court anda E-Litigation.. Starting from this, there should be synchronization and uniformity of rules for all judicial processes, which should ideally be conducted electronically. From the results of the study, the implementation of the electronic trial shows the application of the principle of audy et alteram partem. All of this is in the interest of the justice-seeking community itself so that the trial process can better guarantee. It is found that even though the court process is conducted online, the principle of audi et alteram partem can be realized.
Rudi Natamiharja, Algizca Rasya, Ria Wierma Putri, Desia Rakhma Banjarani
Musamus Law Review, Volume 4, pp 85-95; https://doi.org/10.35724/mularev.v4i2.3981

Abstract:
As a country that is active in international relations, Indonesia often creates relations about the relationship between international and national law, which also raises questions about the influence between the two. The linkages between international law and national law give rise to each other, including in the process of drafting amendments to the constitution of a country, one of which is Indonesia. This paper discusses the influence of international law in the amendments to the 1945 Constitution of the Republic of Indonesia. The method used is normative juridical in the form of library research. The results of the research are that there is a link between national law and law that influence each other, including in the process of amending the 1945 Constitution of the Republic of Indonesia. Although not all articles are affected by international law, at each stage of the amendment there are several articles that have a positive effect on the whole. directly or indirectly.
Ilham Aji Pangestu, Fitri Fitri
Musamus Law Review, Volume 4, pp 51-62; https://doi.org/10.35724/mularev.v4i2.4132

Abstract:
Relationship among stakeholders in an industrial environment does not always run well. The conflicts within an industrial relationship are common, and they are known as industrial relation disputes. However, the disputes must be settled such as by mediation. This study aimed to analyze and investigate the 30 (thirty) day mediation period specified by Article 15 of the PPHI Law for the settlement of industrial relation disputes by the mediator. This study is a normative legal study utilizing a statutory approach and a case approach in which legal materials were gained through literature review. It was found that the settlement period must be completed by the mediator was ideally considering two aspects: the number of cases and the number of mediators. The researchers suggested that the provisions of Article 15 of the PPHI Law cannot be implemented equally; due to each region have the different number of cases and the number of mediators. In addition, the non-ideal number of functional mediators was taking into account the aspect of the number of cases received, so currently the service and technical implementation of the settlements do not run optimally. Based on the results of the study, the researcher suggests the stakeholders: first, to revise Article 15 of the PPHI Law, which is related to the period of time for the mediator in completing the duties. Second, to increase the number of functional mediators by considering the number of cases received.
Restu Monika Nia Betaubun, Moh. Nutfa, Endang Yuliasih, Rivaldhy N Muhammad
Musamus Law Review, Volume 4, pp 63-69; https://doi.org/10.35724/mularev.v4i2.4188

Abstract:
This study aims to explain the function of Givu as customary law as well as an identity that is able to regulate social life in the Tau Taa Wana Tribe community. The research approach used is descriptive qualitative. There were 13 informants who were selected by purposive sampling. The data used include primary and secondary data through qualitative observations, in-depth interviews, focus group discussions, documentation and document studies. Data analysis is a qualitative analysis through an interactive model, namely data reduction, data presentation; and levers. The results of the study show that Givu is a customary law that is sourced from noble abstract values ​​and rules so that it becomes a guide for social behavior that is able to support social structures. The application of Givu is regulated through institutions such as regulating economic, political and social needs. Close relationship with Mogombo (deliberation) for customary law decisions against a disturbance that maintains the spirit of collectivity and is able to strengthen a participatory culture. The importance of external recognition and respect for Givu customary law as well as state recognition and protection for the existence of the Tau Taa Wana Tribe.
Jumriani Nawawi
Musamus Law Review, Volume 4, pp 96-104; https://doi.org/10.35724/mularev.v4i2.4094

Abstract:
The COVID-19 pandemic that has hit the world has had a huge impact. Women are one of the groups affected by the pandemic. Legal protection for women has been established and has permanent legal force. However, the reality is that violence against women continues both culturally and structurally. This article describes the impact of the pandemic on women and efforts to eliminate violence against women during the pandemic. This research was conducted by systematically examining the laws and regulations and by using the technique of collecting document studies from the results of research on violence against women. The results of the study describe that COVID-19 has had a tremendous impact on women in terms of achieving sustainable development goals in Indonesia. During the COVID-19 pandemic, violence against women has increased.
Nurmayani Nurmayani, Eka Deviani, Risa Mahdewi, Desia Rakhma Banjarani
Musamus Law Review, Volume 4, pp 41-50; https://doi.org/10.35724/mularev.v4i1.3949

Abstract:
The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.
Iman Pasu Purba, Alifia Widianti, Irma Lianna
Musamus Law Review, Volume 4, pp 16-24; https://doi.org/10.35724/mularev.v4i1.3757

Abstract:
The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.
Syarif Saddam Rivanie, Avelyn Pingkan Komuna, Alif Arhanda Putra, Putera Fardhi Utama, Abd. Kahar Muzakkir
Musamus Law Review, Volume 4, pp 1-15; https://doi.org/10.35724/mularev.v4i1.3759

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