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All Journal Nagari Law Review Ensiklopedia of Journal
Rosra, Deswita
Universitas Bung Hatta
Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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DILEMA PERLINDUNGAN PENGETAHUAN TRADISIONAL BERBASISKAN HAK KEKAYAAN INTELEKTUAL PADA SENI UKIRAN MINANGKABAU Surya Prahara; Mayuasti Mayuasti; Deswita Rosra; Dwi Astuti Palupi
Ensiklopedia of Journal Vol 3, No 5 (2021): Vol 3 No. 5 Edisi 3 Desember 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (156.105 KB) | DOI: 10.33559/eoj.v4i3.871

Abstract

Traditional knowledge is an issue that has been discussed in national and international conference. The current issue is the protection of traditional knowledge in Indonesia in the concept of Intellectual Property Right. The protection of traditional knowledge in Minangkabau craft based on Intellectual Property Right is the problem that is elaborated in this article. Normative legal design is the research design used to answer the research’s problem. The data are collected from the secondary data and literature study. The results of this research show that the concepts of IPR are contrary to the principles of traditional knowledge. Traditional knowledge is originally from indigenous communities that are communal, whereas IPR does not approve it.  Hence, the existing law has not provided legal certainty and benefit optimally in protecting traditional knowledge. The solution of this problem is IPR Law must be renewed and a sui generis law regarding to traditional knowledge has to be constructed. It must be clear that local people are declared and certified as the owner of traditional knowledge based on Intellectual Property Right. The recognition of traditional knowledge based on IPR must be communal and non-profit oriented, so it can be owned by all indigenous people.Keywords: Law inforcement, intelectual propertyright, traditional knowledge, minangkabau craft
Legal Protection for Persons with Disabilities: International Law and Implementation in Padang Rosra, Deswita; Palupi, Dwi Astuti; Suamperi, Suamperi; Annisa, Febrina
Nagari Law Review Vol 8 No 2 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.2.p.307-314.2024

Abstract

This research explores the protection of the rights of persons with disabilities in Padang City, West Sumatra, Indonesia, in light of the legal framework and local government initiatives aimed at promoting inclusivity and empowerment. Despite national and international legal commitments, such as Indonesia’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the enactment of Law No. 8 of 2016 on Persons with Disabilities, the protection of persons with disabilities remains inadequate in practice. This study examines the efforts of the Padang City Government, which has been proactive in implementing various measures to address the needs of persons with disabilities, including the designation of Disability-Friendly Zones and the provision of accessibility infrastructure. However, challenges persist, particularly regarding social protection and economic inclusion. Using a qualitative social science approach, the research analyzes the legal protection model for persons with disabilities in Padang City, focusing on the implementation of Regional Regulation No. 3 of 2015. The findings highlight the importance of integrated social protection systems, gradual implementation of accessibility measures, and the need for a collaborative approach involving local governments, the private sector, and communities to fully realize the rights and welfare of persons with disabilities. This study suggests a legal protection model that combines social protection, capacity building, and enhanced accessibility to improve the dignity and independence of persons with disabilities in Padang City.
Distorsi Hukum Penggunaan Teknik Undercover Buy dalam Tindak Pidana Narkotika oleh Penyidik Kepolisian Republik Indonesia Annisa, Febrina; Gustaliza, Resma Bintani; Palupi, Dwi Astuti; Putri, Prima Resi; Rosra, Deswita
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.363-372.2023

Abstract

Drug crime is one of the proxy war weapons that can destroy a nation by targeting the younger generation. Indonesia is one of the countries with a high level of trafficking and Use of drugs. To tackle drug crime, the Indonesian government drafted the Law Number 35 of 2009 concerning Drugs. At first glance, the authority of investigations in the Drugs Law seems to be under the order of the National Narcototices Board of Indonesia (BNN) and the Police of the Republic of Indonesia (Polri). However, if we take a closer look, there are some problems in investigations, especially in Undercover Buy and Controlled Delivery techniques regulated in Article 75 Letter J of the Drugs Law. This problem can lead to legal distortion in investigating drug crime by the Polri because it can be categorized as procedural defects due to the law. Hence, this study aims to analyze the legal distortion of authority between BNN and Polri to investigate drug crime using undercover buying techniques. This study also analyses the statutory provisions that can provide legal certainty for both government institutions so that the authorities of Polri and BNN do not overlap. This study finds that only BBN investigators have the authority to use undercover buying and controlled delivery. Therefore, using the technique by the police investigator will cause legal distortion. If the police investigator needs to use the technique, there should be a legal basis. Therefore, there should be an amendment to the Narcotic law to provide the legal basis.
Distintion Principle dalam Hukum Humaniter sebagai Jaminan Penghormatan Terhadap Hak Asasi Manusia dan Perspektifnya Menurut Syari’at Islam Palupi, Dwi Astuti; Rosra, Deswita
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.327-340.2023

Abstract

Human rights violations often occur when war / armed conflict disputes occur that cause damage and destruction, even involving people who are not involved in the war. Humanitarian law has firmly regulated the protection of victims who are not active in the war by applying the "Distinction Principle”. This "Distinction Principle" is also regulated in the Islamic legal system. Islamic law strictly distinguishes between combatants and non-combatants as far as the non-combatant population consists of women and the elderly who do not participate in war. Islamic law also prohibits killing children because they are among the weak and powerless to kill or participate in war. This writing aims to discuss the meaning of the Distinction Principle according to Humanitarian Law in the framework of respect for human rights and to understand the Distinction Principle in the Islamic Shari'a Perspective. In writing this article, normative legal methods, namely library research, were used on library materials to obtain secondary data, then the data was analyzed qualitatively. The study's results regarding the protection of human rights are closely related to the nature and limits of human rights, which are the basis for the protection of human rights. Islamic law has regulated the distinction principle in Humanitarian Law both in the Qoran and Hadist.
Co-Authors Astuti Palupi, Dwi Dwi Astuti Palupi Febrina Annisa Gustaliza, Resma Bintani MAYUASTI MAYUASTI Prima Resi Putri Resma Bintani Gustaliza Suamperi, Suamperi Surya Prahara Surya Prahara