Mulawarman Law Review (Mulawarman Law Rev. - MULREV) is a peer-reviewed journal published by Faculty of Law, Mulawarman University. MULREV published twice a year in June and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, State and Administrative Law, Islamic Law, Economic Law, Adat Law and Local Custom, Natural Resources and Environmental Law and another section related contemporary issues in law. Authors are invited to submit manuscripts that fall within the scope of the Mulawarman Law Review. Please read the information on the peer-review process. The articles published in Mulrev are going through a double-blind peer-review process. Hence, the decision on whether the scientific article is accepted or not, will be the Editorial Board’s right based on the peer reviewer's recommendation. ISSN: 2527-3477 | e-ISSN: 2527-3485 Publisher: Faculty of Law, Mulawarman Unversity
Realizing the Trinity of Pancasila Justice: A Socio-Legal Study of a Community-Based Conflict Resolution
Public conflicts involving both religious and economic sentiments, such as the case of the "religious seller" (Gus Miftah) and the "ice tea seller," (Sunhaji) present unique challenges that are often difficult to resolve through formal law. This study aims to analyze the settlement of cases between religious sellers and iced tea sellers based on Pancasila justice. The type of research used is normative-empirical research with a philosophical, conceptual, and socio-legal approach. The legal materials used are primary and secondary, which are then analyzed using qualitative descriptive techniques. The results of the study show that the settlement of cases between religious sellers and ice tea sellers reflects the values of Pancasila justice because it is able to provide substantive justice for the parties. This is based on the mechanism of case settlement through deliberation, which is part of the values of divine justice and humanity and also society, one of which is mutual forgiveness between the two parties. The religious seller received social sanctions from the community for his insults, which were considered a warning from God and the community. Meanwhile, the iced tea seller received rewards from God and society in the form of material and immaterial support for what he experienced. Thus, this case represents justice for both parties in the context of Pancasila justice, which encompasses divine, humanitarian, and social justice.
Copyright (c) 2025 Mulawarman Law Review https://creativecommons.org/licenses/by-nc/4.0
Cash Swipe Spaylater: an Overview of Sharia Economic Law
Spaylater cash swipe is the process of disbursing the SPaylater credit limit by manipulating transactions by making engineering orders. This practice of engineering Spaylater transactions can be called an illegal practice because it is contrary to shopee regulations and policies and misuses the true function of SPayLater. Where the credit limit on the Spaylater cannot be disbursed in the form of cash but can only be used to purchase goods or make payments through the installment method according to the terms and conditions stated in the Spaylater settings. In the perspective of Sharia Economic Law, Spaylater's cash swipe services are contrary to Islamic business law and sharia principles, where there are elements of gharar, mudharat, tadlis and injustice. This research uses socio-legal research by analyzing and studying the operation of law in society. This research uses data sources from primary data, secondary data, and tertiary data. The data obtained is done with data collection techniques through observation, interviews and documentation. By using the socio-legal research method, this research is expected to produce complete, valid, and in-depth findings or data to achieve the research objectives.The results showed that the transaction mechanism on cash swipe through Spaylater uses a checkout system, but does not receive real goods but only fictitious orders. Because it is considered contrary to Shopee's policy, the Civil Code, and is not in accordance with the principles of sharia, the legal consequences are that this practice is considered fasid and bathil because there is injustice, there is no good faith in the transaction, and there is no honesty. In addition, service providers and consumers can get consequences to the extent of sanctions that can be carried out by Shopee.
Cash Swipe; Spaylater; Sharia Economic Law
Navigating Online Platform Oversight: The Role and Challenges of Indonesia Business Competition Supervisory Commission
This research aims to analyzes how digital transformation impacts the behaviors of online platforms, which presents challenges for competition law. The business strategies and behavior of online platforms have raised concerns about their negative effects on the competitive landscape. These concerns include the legality of such practices and the necessity of specific regulatory measures. The research method is normative legal research with a conceptual approach, which involves identifying and analyzing legal issues and providing solutions. Based on the legal analysis, the results showed that the Business Competition Supervisory Commission (KPPU) faces challenges in regulating online platforms. These challenges consist of the regulatory challenges that must be addressed include the inadequate preparation of competition authorities, the influence of Indonesian culture on market behavior, and the substance of rules. Therefore, it is crucial for KPPU to properly navigate online platforms by establishing sui generis rules within the competitive landscape. In the context of a competitive business landscape, it is imperative to ensure oversight of online platforms, particularly given the preeminent position of this business model within the Indonesian market.
Neglecting the Merit System in The Recruitment of Employees in Village-Owned Enterprises
Village-owned enterprises have an important role in local economic development and the welfare of rural communities. This research aims to analyze the implementation of meritocracy principles in the BUMDes workforce recruitment process in Sampang Regency. The method used is descriptive qualitative, with primary data collection through in-depth interviews and secondary data from related documents. The results showed that the neglect of the meritocracy system in the recruitment of village-owned enterprises, such as the practice of nepotism and lack of transparency, resulted in a decrease in the quality of human resources and organizational efficiency. In addition, unfairness in recruitment has the potential to cause urbanization of qualified young people, hindering their contribution to village development. The implementation of a fair and transparent meritocracy system is expected to improve the accountability and productivity of BUMDes, and support the sustainable development of local potential.
Integrating Artificial Intelligence in Hijri Month Determinatiton: a Maqasid Approach
Determining the beginning of the Hijri month, which is the basis of the Islamic calendar, plays an important role in carrying out Muslim worship, such as Ramadan, Eid al-Fitr, and Eid al-Adha. Traditional methods based on rukyat often experience obstacles due to weather factors and geographical differences, so astronomical technology has begun to be used to provide higher accuracy and consistency. This study aims to evaluate the use of astronomical technology in determining the beginning of the Hijri month reviewed from the perspective of Maqashid Syariah. The Maqashid Syariah approach, which includes protection of religion, soul, mind, descendants, and property, is used as an analytical framework to assess the impact of technology in creating welfare for the people. This study uses a qualitative approach with literature analysis and case study methods. A qualitative approach to understand how technology can be integrated into the process of determining the Hijri calendar and how this can be seen through the principles of Maqashid Syariah. The literature study aims to identify technologies that have the potential to be applied in determining the crescent moon . The results of the study indicate that astronomical technology has great potential in improving the accuracy, efficiency, and timeliness in determining the beginning of the Hijri month. Digital telescopes and remote sensing overcome the limitations of manual crescent observations, while simulation software and AI provide long-term predictions that help the consistency of the Hijri calendar. This technology supports Maqashid Syariah by strengthening the unity of worship, providing rational scientific data, and reducing social conflict due to differences in calendars. However, this study found that there were obstacles to implementation, such as differences in school of thought and limited infrastructure in some areas. Thus, the adoption of astronomical technology in determining the Hijri calendar can create wider benefits for Muslims if these challenges can be overcome through global consensus and increased access to technology.
Employee Company Share Owner Layoff in Indonesia: Problem and Solution from Business Judgment Rule Perspective
Indonesia protects workers who experience layoffs by providing severance pay, award money, or resolving industrial relations disputes through litigation. This study aims to map the problem and the legal solution regarding termination of employment for employees who are also shareholders in the company where they work. The research in this article employed Normative Juridical and the problem approach used in writing this research consists of two approaches: the statute approach and the conceptual approach. Share ownership by employees through Employee Stock Option Program will give employees a dual status, namely as workers and owners of the company. Termination of employment carried out by the company against shareholders is problematic. On the one hand, there is an employment relationship between the employee and the company, on the other hand, there is also a relationship between the employee as a shareholder and the company. As a civil law country, Indonesia has also adopted business judgement rule as implemented in limited liability company law, which emphasises the role and responsibilities of the company's organs and is valid until now. Business judgement rule as a guideline and instruction for the Board of Directors in making business decisions where the Board of Directors must always uphold the principles of prudence, good faith, solely for the interests of the company, subject to the provisions of the articles of association and laws and regulations.
From Ideals to Realities: Women's Access to Land in The Mining Areas in East Kalimantan
Land is a basic human right, including for women. As a living space, land occupies a strategic position in the fulfillment of human rights. Constitutionally, women's equal rights to land are guaranteed by law, but in reality, it is neglected and lacks recognition and protection, especially in the natural resource extraction area. Economics that rely on mining extraction have the consequence of widespread ecological and environmental crises that affect people's lives, including vulnerable groups of women. The gender inequality in tenure, ownership, access and control over land has many impacts on women's lives. This research focuses on the law guarantees the recognition and protection of women's human rights to land, and the reality of recognition and protection of women's human rights to land in mining areas. The research findings show that ideally the law provides recognition of equal rights between women and men in access, control, and ownership of land. However, mining regulations provide more convenience for mining business actors, not ensuring protection for the community, especially women. In addition, the male paradigm as the head of the family has led to the marginalization of women in decision-making related to their land and living space. In the midst of conflicts in mining areas, efforts to assert rights and struggle for women's basic rights to land often receive discriminatory treatment and gender bias. The ecological crisis situation is a problem for the protection of women's human rights to land in mining extraction areas.
Effectiveness of Legal Aid in Religious Courts
The implementation of legal aid is one form of recognition and protection of human rights so that the need for access to justice and equality before the law can be realized. This study aims to analyze the role of legal aid institutions in religious considerations for the underprivileged and to analyze the phenomenon of supporting factors and factors that hinder the effectiveness of the implementation of the role of legal aid institutions. The approach used in this study is the legal approach because it will examine the role of legal aid institutions based on laws and regulations. The implementation of legal aid by Posbakum at the Religious Court of Selayar Islands Regency can be categorized as effective because in the last 3 years it has reached above 80% of the total number of cases received by the Court. The supporting factors for the implementation of legal aid include: the existence of regulations that serve as guidelines for implementation, the availability of adequate facilities, the establishment of cooperation between legal aid institutions, public trust, and the existence of a circuit court mechanism. Meanwhile, obstacles in the implementation of legal aid are limited resources, limited budget, and limited access for the community. The follow-up is the need to increase the quantity of human resources and increase the amount of the legal aid budget, as well as the need to carry out socialization of the existence of legal aid institutions so that the community becomes familiar with the tasks and functions of legal aid posts in the field.
Promoting Regional Strategic Area of Environmental for the Protection of Essential Ecosystem Areas in East Kalimantan
This article investigates the legal framework of Essential Ecosystem Areas (EEAs) within Indonesian legislation and the regional government's authority to regulate EEAs to preserve and protect the essential ecosystem in its jurisdiction. By employing a normative juridical approach, this research found that the EEA is regulated in sectoral regulations, such as conservation, environmental, forestry, spatial planning, marine, and regional government, which give inconsistencies and legal gaps and can create legal uncertainty. This study also identified that district or city governments could protect and manage EEAs by stipulating an EEA as the strategic area of environmental (KSLH) or protected area through a decree, subsequently incorporating it into the spatial planning of the regency or city. Additionally, the regional government has the authority to provide policies regarding EEAs governance and institutional management, thereby establishing a comprehensive legal framework for the EEAs.
Penal Mediation : Synchronization of Restorative Justice and Reflective Justice
Restorative Justice is an alternative settlement of criminal cases involving the perpetrators, victims, family members and the victims as well as the authorities to settle disputes. Restorative justice began to develop in the 19th century and has been regulated in Indonesian legislation as in the Law No. In 2012, the Court of Appeal No. 15 of 2020, and the Police Regulations No. 8 in 2021. In its implementation it uses a criminal mediation mechanism involving law enforcement in the process of investigation, investigation and prosecution. There is no legal umbrella that specifically regulates Restorative Justice. In this study, the method of research used is the normative method of jurisprudence in which the study is carried out by the library. The aim of this research is to find out how the correspondence between the mechanisms and requirements in the settlement of criminal cases based on the rules in force in Indonesia on Restorative Justice. The method used is descriptive using secondary data is data obtained from library studies that are then analyzed with the rules, theories and opinions of relevant legal experts to obtain conclusions from the research. The results of this study of the setting on restorative justice still have differences between one and the other in the context of the type of behavior. In addition, restorative justice normatively has been in line with John Rawls’s concept of justice but in caseistic there are still some deviations from the rule.
Copyright (c) 2024 Mulawarman Law Review https://creativecommons.org/licenses/by/4.0
The Effectiveness of Supported Decision-Making in Election for Persons with Disabilities in Indonesia
This research objective is to determine the effectiveness of implementing supported decision-making (SDM) in elections for persons with disabilities in Indonesia. Thus, there are two research questions: how is the current implementation of supported decision-making in Indonesia, and second, what are the issues Indonesia has encountered in implementing Supported Decision-Making (SDM), and what are the strategies to implement SDM effectively to fulfill the political rights of persons with disabilities in Indonesia. The research method is qualitative; we interviewed several relevant stakeholders to obtain primary data and used relevant literature and reports to obtain secondary data. Thus, the result of the research shows that currently, Indonesia has implemented SDM, which is known as guardianship, specifically for persons with intellectual and mental disabilities during the elections. However, several issues hamper the implementation, such as the lack of understanding or awareness from the families and providers regarding SDM, lack of regulations, and the dilemma of autonomy and secrecy. Thus, there must be some strategies to implement effective SDM, such as providing specific regulations on providing reasonable accommodation for election, providing training for the providers on the election, open accessible information to the public and persons with disabilities regarding SDM, and collaboration with Disabilities Organization.
Copyright (c) 2024 Mulawarman Law Review https://creativecommons.org/licenses/by-nc/4.0
Surveillance of Regional Public Service Authorities: Analysis of Regulation and Its Impact on Public Service Efficiency
The oversight of the Regional General Service Agency (BLUD) in Indonesia has faced various challenges in terms of effectiveness and implementation, which may hinder the achievement of the objectives of transparency and accountability in the management of public finances. The study aims to evaluate the effectiveness of BLUD surveillance by identifying factors that affect regulatory compliance and BLUD performance in the provision of public services. Using a mixed methodological approach, the study combines normative and empirical analysis, as well as using comparative and socio-legal methods to dig up qualitative and quantitative data from various regions in Indonesia. The results of the study show that although the regulatory framework has been adequate, the implementation of surveillance still faces obstacles such as limited resources and less effective inter-agency coordination, which ends with variations in BLUD compliance and performance. The findings reaffirm the importance of strengthening surveillance capacity as well as revising policies that are adaptive to local conditions. Implications of this study include recommendations for enhanced, more integrated, technology-based supervision to support better public finance governance.
Repositioning of The Modern Market to The Existence of The People's Market
The quantity of Modern Markets in Bone Regency has increased sharply, this has an impact on the existence of the people's market. Thus, this study aims to analyze the arrangement of modern markets to restore the existence of the people's market in Bone Regency. The research method used is legal research with a legislative and socio-legal approach. The results obtained are first, the number of modern markets that exceed the number of people's markets in Bone Regency is a sign that the people's markets in Bone Regency are increasingly degraded. Second, when viewed from legal aspects, both philosophical, sociological, and juridical, the people's market needs to be preserved because the people's market is a local wisdom owned by the Indonesian people which has been regulated in Permendag Number 21 of 2021 concerning Guidelines for the Development and Management of Trade Facilities. Therefore, the author suggests that local governments need to establish a regulation related to modern market structuring to restore the dignity of the people's market through regional rules.
Copyright (c) 2025 Mulawarman Law Review https://creativecommons.org/licenses/by/4.0
Indonesian Financial Service Authority as Sole Investigator in Eradication of Money Laundering
With the granting of authority for OJK as sole investigator of criminal acts in the financial services sector as specified in Law Number 4 Year 2023, it is necessary to analyze its implications for the investigation of money laundering crimes, this is because criminal acts in the financial services sector is predicate crime of money laundering. Another thing that needs to be analyzed is whether the provision in the P2SK Law that authorizes OJK as the sole investigator of criminal acts in the financial services sector can be applied, because there is PP No. 55 of 2023 which also authorizes Police Investigators to conduct investigations in the financial services sector. The type of legal research is normative. Based on the research conducted, it is concluded that referring to the Stufenbau des Recht theory, in the event of a conflict between the provisions in the P2SK Law and the PP Regulation on Criminal Investigation in the Financial Services Sector can have consequences on the declared invalidity of the provisions regulated in the Government Regulation. Then, the implication of the granting of authority to OJK as the sole investigator in the financial services sector is that the implementation of Money Laundering investigations with criminal acts originating in the financial services sector can only be investigated by OJK. In addition, Analysis Results from PPATK which indicates criminal acts in the financial services sector can only be submitted to OJK.
The Effectiveness of Legal Aid Provision at The Makassar District Court
This research aims to find out the effectiveness of the legal aid center in the Makassar District Court. The research method used by the author is a type of empirical legal research where the approach used is a sociolegal approach where this research connects the objectives and data obtained in the field and the research location at the Makassar Court Class IA Special as for the data sources used, namely primary, secondary and tertiary data sources. The data collection techniques are observation and interview studies, using research instruments and descriptive data analysis. The discussion is an explanation of the research location and discussion by researchers in conducting interviews with employees and the community. The conclusion of this research is that the application is still lacking, and the opportunity is to help the community more the challenges faced are still many people who lack understanding of legal aid.
Liability of Business Actors for the Protection of Consumer Personal Data
The Consumer Protection Law does not expressively verbis state the protection of consumer personal data as part of consumer rights that must be protected by business actors. The existence of cybercrime and the negligence of business actors can cause leakage of consumer personal data to be something that needs to be anticipated. This paper aims to discuss the application of the PDP Law to consumer protection of personal data and how the form of liability of business actors in the perspective of the PDP Law in ensuring consumer protection. This paper uses normative research with a conceptual approach, a statutory approach, and a case approach. This paper also concluded that The handling of consumer disputes related to personal data breaches should be handled in parallel by applying the PDP Law and the Consumer Protection Law. Business actors should protect consumers' personal data based on the provisions prohibiting disclosing personal data unlawfully. The application of the principle of absolute accountability or strict liability is intended so that business actors can be fully responsible for the interests of consumers. In the event that there is negligence on the part of the business actor, resulting in a violation of the protection of consumers' personal data. Business actors cannot escape responsibility for any reason because they have neglected to protect consumers' personal data.
Corporate Criminal Liability on Environmental Law: Indonesia and Australia
Environmental damage is one of the major problems faced by Indonesia. It is a well-accepted fact that most cases of environmental damage in Indonesia are caused by the activities of large corporations. One of the measures adopted in overcoming environmental damage and ensuring accountability for violations of environmental law is through corporate criminal liability, in which companies can be held liable and be brought to criminal proceedings for violating environmental law. This paper seeks to discuss and analyse the legal regulation system of corporate criminal liability applied in Indonesia. The paper will delve into the nature of corporate criminal responsibility in accordance with the doctrines that underlie it, as well as actions that, in accordance with the law, would trigger the implementation of corporate criminal responsibility, the manners in which criminal responsibility would be attributable to a corporation, and the trial procedure for corporate criminal responsibility under the Indonesian judicial system. This paper seeks to bring light to the mechanism of the Indonesian environmental law in administering justice in cases of environmental law violations committed by corporations.
Copyright (c) 2023 Mulawarman Law Review https://creativecommons.org/licenses/by/4.0
The Obligation of Military Institutions to Comply with the Anti-Corruption Act
The purpose of the study is to respond to the corruption crimes committed by military officials in Indonesia, secondly, to explain the obligation of military institutions to comply with the Anti-Corruption Criminal Act, third, to clarify the internal rules of the Military Institutions on Anti-Criminal Corruption in Indonesia. The type of research used is normative law research, which refers to positive law and uses secondary data from primary, secondary, and tertiary law material. Data is collected through Library Research and processed with descriptive analysis. Corruption perpetrated by military officials is a violation of the Military Discipline Act and the Indonesian Criminal Code of corruption. The normative jurisprudential aspect of the fight against corruption in Indonesia is carried out with the advancement of the basis of legal certainty based on the Anti-Corruption Act. According to the legislation, the legal status is generally applicable, and the index of perception of corruption in Indonesia is deteriorating and spreading throughout the line of life of the nation and the country, so that all parties, without exception in military instances, are obliged to comply with the Penalties of Corruption. The entire component of the Indonesian nation must advance the suppression of corruption under the law, including the military instance obliged to voluntarily submit and obey the orders of the Tipikor Rebellion Act. The authorities have drawn up regulations relating to the obligations of the Military Institutions in combating criminal offences of corruption in Indonesia.
Understanding European Union Climate Change Governance through Political Parties Euromanifesto
This study offers a novelty specifying climate change as the legislation results in the European Parliament (EP) as an indicator of the consistency of political groups in realising their Euromanifestos. The article aims to investigate precisely the prospects and future of climate change policies in the EU post the 2019 general election. This study adopted qualitative legal research methods by studying the Euromanifestos of political groups in the European Union that competed in the 2019 European elections. Environmental issues, particularly climate change, were a significant focus in the study of these manifestos. Based on data from Euromanifesto, this study selected five EU Regulations as indicators of realising such political promises. In addition, the record of legislation and the results of voting during the establishment of the regulation was also applied as a data source in this study. In general, the cohesion between political groups in the EP is excellent. Based on a manifesto study, there are three essential findings; namely, most political groups in the EP make environmental issues, especially climate change, a politicised issue in elections. The second finding is that there are specific intersections between political groups, so it has implications for making the issue of climate change a common interest, and the results of the vote showed that a majority of Member of European Parliament members supported the establishment of the regulation. Finally, the solidarity of the EP political group cohesion in establishing regulations related to climate change is the last finding in this research.
Restorative Justice Through Strengthening Community Legal Culture in Indonesia: Challenges and Opportunity
The main objective of this study is to examine how restorative justice can be effectively implemented in Indonesian society by strengthening its legal culture. The research methodology employed in this investigation is normative research, which encompasses a comprehensive review of existing literature and an analysis of pertinent legislation and policies. The prevailing legal culture in Indonesia places significant emphasis on punishment and incarceration as forms of justice, thereby influencing the acceptance and execution of restorative justice practices. Nevertheless, various endeavors have been undertaken to integrate restorative justice into the community's legal culture. These initiatives include establishing supportive legal frameworks, providing training and capacity-building programs, implementing pilot projects and experiments, advocacy campaigns, public awareness campaigns, and community engagement. However, several obstacles and challenges need to be addressed, such as shifting legal paradigms, insufficient knowledge and awareness among the general public, resistance from offenders, and limited resources. To overcome these constraints and challenges, concrete steps are needed, such as increasing public knowledge and awareness, establishing supportive legal frameworks, active community engagement, and resource optimization. By addressing these constraints and challenges, restorative justice can be more integrated with the legal culture of Indonesian society, providing a positive contribution to conflict resolution, restoring social relationships, and improving the justice system in Indonesia.
Implementation of Ministerial Regulations Based on Attribution Power in the Administration of Government
This research aims to analyze the incompatibility of Ministerial regulations in the implementation of government which are formed based on attribution of power and intends to formulate a concept to prevent Ministerial regulations from resulting in regulatory obesity. The focus of this research is to answer the questions regarding the position of Ministerial regulations within the Indonesian legal system and how the incompatibility of Ministerial regulations based on attribution power affects the administration of government. This paper is a normative research using secondary data and literature study for data collection.The research findings indicate that firstly, within the legislative regulations system, Ministerial regulations are considered as delegated legislation or delegated regulations based on regulations above them. Secondly, through the independent authority of ministries and/or Ministers, a wide scope has been opened for creating regulations based on the independent authority of Ministers and/or ministries. This has resulted in an anomaly, namely the emergence of laws that provide attribution power to Ministers and/or ministries to directly create Ministerial regulations. This situation creates incompatibility in the administration of government because attribution power cannot be exercised by Ministers as assistants and mandate holders of the President.
The Regulation of Articles on State Institutional Insults to The Right to Freedom of Expression in Indonesia: A Critical Review
This study examines the problematic regulation of articles of contempt of state institutions in Law No. 1 of 2023 concerning the Criminal Code on the right to freedom of opinion in Indonesia. This type of research is normative legal research that uses a statute, analytical, and conceptual approach. The results of this study show that juridically formal insults to state institutions (President, MPR, DPR, DPD, MA, and MK) are regulated in Article 240 and Article 241 of Law No. 1 of 2023 concerning the Criminal Code as complaint offenses. The existence of articles of contempt of state institutions has negative implications for the right to freedom of opinion if reviewed using the legal system theory with the concept of three elements of the legal system. In legal substance, the article of insult to state institutions is multi-interpretive because there is no clear and concrete distinction between insult and criticism. In legal structure, the article of contempt of state institutions has the potential to be misused because there are power relations both structurally and functionally between law enforcement and state institutions; and (3) legal culture, standardization of articles of insult to state institutions has the potential to degrade the pluralism of habits in society in opinion and expression.
Laundering of Proceeds Forest Destruction and Narcotics Crimes: A Resolution of The Conflict Norms
This paper will explain about the conflict of norms that arise because there are 2 (two) similar provisions (offenses) in different laws, related to 'laundering of proceeds of the forest destruction crime ' and 'laundering of proceeds of narcotics crime'. Furthermore, it is also discussed which principles must be applied to resolve the conflict of norms, and which provisions (offenses) must be applied in that case. This paper uses a normative research with a conceptual approach, statutory approach, and case approach. Through this paper it is also concluded that in case of a conflict of norms between special norms and other special norms, the most relevant principle to be applied is the juridische/systematische specialiteit principle, and in the context of the conflict of norms that occurred in case of 'laundering of proceeds of the forest destruction crime ' and 'laundering of proceeds of narcotics crime', the more relevant provision (offense) applied is the 'Money Laundering Offense' as regulated in the Money Laundering Law.
The Legal Advantages of Blockchain Technology For Notary Protocol Archives
The rapid progress of the development of information technology has made many changes in human life on this earth. Work and activities that used to be done manually are now shifting to using a technological approach. So far, notary services to the public are still conventional, but with the development of information technology, notary services inevitably must shift towards electronic services, which are currently known as cyber notaries. In Article 1 paragraph (13) of Law Number 30 of 2004 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public, it is explained that the Notary Protocol is one of the state archives, therefore the notary protocol must be treated like a state document kept and kept authentic. Therefore, the notary protocol must always be stored and maintained under any circumstances even if the notary who has the protocol is taking leave or has passed away. Because the Notary Protocol is categorized as a State Archive, the archive is also indirectly subject to Law Number 43 of 2009 concerning Archives. The Archives Act recognizes the existence of electronic archives. Blockchain technology offers a way to do digital archiving that is decentralized.
Blockchain Technology, Notary Protocol, Archive
Implication of Coal Mining Permit Governance to Environmental Degradation in East Kalimantan
This article analyzes the regulation dynamics regarding coal mining permit governance and its impact on environmental degradation. This paper addresses two main issues. First, it explores the dynamics of coal mining regulations and to what extent they create legal uncertainty in coal mining permit governance. Second, it investigates the implications of the legal uncertainty to the environmental damage around the mining sites. The findings demonstrate that two factors have driven policies and laws in the coal mining sector for over a decade. First, coal mining legislation relates to other industries such as the environment, forestry, spatial planning, and regional governance. Besides, the regulations are multi-level, where the authority lies with the central, provincial, and district/city governments. The second is legislative capture, where licensing legal norms are "co-opted" by particular economic interests. Such policies and laws dynamics lead to uncertainty in the permit governance of the coal mining sector. Further, the legal uncertainty that makes a permit has failed to control coal mining activities and protect citizens' access to a good and healthy environment. On the contrary, permit demonstrated the opposite role: becoming a legal instrument that drives environmental damage and pollution.
Copyright (c) 2022 Mulawarman Law Review https://creativecommons.org/licenses/by/4.0
Are there International Labour Standards? Case of Migrant Workers’ Exploitation in Italy
The increasingly fierce competition in the world of work has an impact on people getting jobs. The condition makes most people become migrants by traveling to other countries to find a job for a decent life in the future. However, the work that migrant workers get is often not as expected, so the rights of migrants are often not fulfilled. The amount of violence in the world of work and the non-fulfillment of the rights of migrant workers in Italy is an act that violates human rights. Therefore, the authors wrote this article by using normative legal research method to analyze migrant workers in Italy who are exploited by forced labor and the lack of protection regarding the minimum wage for migrant workers and also aims to analyze the role of the International Labour Organization as an organization that protects the rights of migrant workers, including protection from violence and protection of the minimum wage for migrant workers in Italy. The result shows that there is an urgency for Italy to ratify the Minimum Wage Convention on the grounds that it diminishes the exploitation of migrant workers and provides binding legal force for the sake of migrant workers.
Public Participation in Constitutional Amendments with Deliberation Requirements in the Unamendability Framework: A Comparative Study
From time to time, it is considered that Constitutional Amendments are lack of public participation and contains political aspects. Therefore, many nations regulate certain provisions to ensure that the Constitutional Amendments are merely for public order and welfare. One of the provision is the temporal unamendability. In the shape of deliberation requirements, which is essentially the involvement of the public in submitting constitutional amendments within a certain time limit. Indonesian Law doesn’t recognize the concept of deliberation requirements, therefore, the authors will analyze Sweden and South Korean Law, two countries that are also using civil law system and have regulated deliberation requirements in submitting constitutional amendments. This paper will discuss two problems: 1) the legal provisions for constitutional amendments in Indonesia, Sweden, and South Korea, and 2) the guarantee model for public participation in constitutional amendments using the deliberation requirements model. This paper uses legal research method, with a conceptual, statutory, and comparative approach. The results show that Sweden and South Korean Law have involved both the public and the Representative Body to determine wether constitutional amendment will be performed, meanwhile Indonesia hasn’t involve the public to vote for a constitutional amendments. Therefore, to guarantee public participation in constitutional amendments, the authors provide a model which include the public participation through vote or referendum to decide a constitutional amendments and a period of time to file for constitutional amendment.
UNCLOS Definition of Piracy: Is it still Relevant for Modern Piracy?
Nowadays, piracy as one of crimes at sea has formed in different ways compared to the historical counterparts. On the past, the act of piracy consisted of first approaching the ship, then fighting it, and finally seizing it before escaping in another vessel. Meanwhile, in recent times, more sophisticated kinds of piracy are launching their assaults with the help of cutting-edge technology. However, due to UNCLOS's restricted definition of piracy, it is challenging to combat such modern forms. According to experts, one of the greatest barriers to tackling piracy is its restricted and vague definition. This research aims to analyse the applicability of the UNCLOS definition of maritime piracy considering its new developments. This research method consists of doctrinal and library-based research. The previous and recent cases are contrasted to investigate definitional issues. The study revealed that UNCLOS's ambiguous and unclear definition of piracy has caused problems. Regarding contemporary piracy, the UCLOS approach is insufficient to combat well-organized pirate attacks in the modern world.
Degradation of Authority and Institution of The Honorary Council Election
This article discusses the position of the DKPP after the Constitutional Court Decision Number 32/PUU-XIX/2021 and the power of its decision. As is known, after the Constitutional Court Decision Number 32/PUU-XIX/2021, the DKPP Decision, which was originally final and binding, became unconstitutional if it was not interpreted as only binding on the President, KPU, Provincial KPU, Regency/City KPU and Bawaslu. The research method used is a legal research method using statutory approach, historical approach, and conceptual approach to be able to find new formulation of DKPP structuring design after Constitutional Court Decision Number 32/PUU-XIX/2021. The results of this study found that the weakening of the authority of the DKPP through the decision of the Constitutional Court Number 32 / PUU-XIX / 2021, should also be followed by the weakening of the DKPP institution, because after the final and binding character is weakened by the Constitutional Court, the DKPP no longer has the urgency to be used as a permanent institution. The Constitutional Court should affirm the institutional status of the DKPP as part of the institution exercising judicial power, so that the DKPP has a more definite status and its decisions remain final and binding.
The Urgency of Integration of Local Wisdom Related to Environmental Conservation in the Bangka Belitung Islands
Local wisdom becomes the full authority of the Regency/City Government as clearly stated in the Table of Division of Authority for the Sub-Division of Local Wisdom Based on Law no. 23 of 2014 concerning Regional Government. Therefore, it is very necessary to know the urgency of the integration of local wisdom related to environmental conservation in the Bangka Belitung Islands. This study uses a socio-legal approach, namely the object of research remains in the form of law, namely laws and regulations related to local wisdom and the environment with the use of methods and theories of social sciences to assist researchers in conducting analysis. Local Wisdom is very important to be integrated in regional policies related to environmental conservation because there is a reciprocal relationship between humans and nature, where people who pay attention to local wisdom related to the environment always place the balance of nature in environmental management and must be accepted or approved, which means that the regulation gets recognition. legitimacy) from the community because it comes from local wisdom that lives in the community.
Copyright (c) 2022 Mulawarman Law Review https://creativecommons.org/licenses/by-nc/4.0