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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

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

AUTHORITY OF NOTARY IN LEGALIZING THE UNDER-HAND AGREEMENT DEED: EXAMINING RESPONSIBILITY AND LEGAL CONSEQUENCES Prima Resi Putri; Elyana Novira; Febrina Annisa; Dwi Astuti Palupi
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.337

This research examines the legal authority of notaries in legalizing underhand deed agreements based on their responsibilities and legal consequences. The method used in this research is normative legal research method, which is based on statutory approach and conceptual approach. The results obtained show that the responsibility of a notary in legalizing a deed agreement under the hand must be able to guarantee that he is able to carry out, implement, and realize the existence of laws governing the activities of legalizing letters under the hand including to see or check the validity of agreements made by related parties by being careful and disciplined in carrying out procedures for legalizing letters under the hand in accordance with the Notary Position Law. The legal consequences arising in the ratification of the agreement of the deed under the hand, namely if the letter has been legalized by the Notary, the letter under the hand has formal evidentiary power but does not have outward and material evidentiary power. In carrying out its duties, if a Notary is proven to have violated the law, it can be subject to civil sanctions in the form of reimbursement of costs, compensation and interest by passing the evidentiary process. However, a Notary cannot be convicted if they have not committed a violation of a criminal article and have acted in the interest of implementing the provisions of the Notary Law

Distintion Principle dalam Hukum Humaniter sebagai Jaminan Penghormatan Terhadap Hak Asasi Manusia dan Perspektifnya Menurut Syari’at Islam Dwi Astuti Palupi; Deswita Rosra
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

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.

Distorsi Hukum Penggunaan Teknik Undercover Buy dalam Tindak Pidana Narkotika oleh Penyidik Kepolisian Republik Indonesia Febrina Annisa; Resma Bintani Gustaliza; Dwi Astuti Palupi; Prima Resi Putri; Deswita Rosra
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

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.

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

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.

The Hudaibiyah Treaty as a Model for International Treaty Law: Analysis of Siyasah Fiqh and its Relevance for Public Law Palupi, Dwi Astuti; Iffan, Ahmad
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.17033

This study analyzes the Treaty of Hudaybiyyah (6 AH) as a case study in the conception of international treaty law, framing it within the principles of Fiqh Siyasah (Islamic political jurisprudence). The research aims to identify the public law principles contained within the treaty and examine their relevance as a source for enriching contemporary international law. Using a qualitative-normative research method with a library-based approach. Primary sources consist of hadith collections, sirah literature, and classical works on fiqh al-siyasah; secondary sources include books, journal articles, and contemporary studies. Data collection employs library research, and the analysis applies a qualitative-comparative and normative-historical approach. The findings indicate that the Treaty of Hudaybiyyah not only represents a historical event but also serves as a model of diplomacy that emphasizes dialogue, adherence to agreements, and the protection of human rights (particularly in the context of conflict resolution). This analysis reveals that these principles align with several modern international law tenets, such as pacta sunt servanda and the peaceful settlement of disputes. Therefore, this study argues that a review of the Treaty of Hudaybiyyah through the lens of Fiqh Siyasah can provide a significant theoretical contribution to enrich the discourse on public law, while also affirming the relevance of Islamic intellectual heritage as a source of inspiration for shaping a more just and peaceful global order.

The Hudaibiyah Treaty as a Model for International Treaty Law: Analysis of Siyasah Fiqh and its Relevance for Public Law Palupi, Dwi Astuti; Iffan, Ahmad
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.17033

This study analyzes the Treaty of Hudaybiyyah (6 AH) as a case study in the conception of international treaty law, framing it within the principles of Fiqh Siyasah (Islamic political jurisprudence). The research aims to identify the public law principles contained within the treaty and examine their relevance as a source for enriching contemporary international law. Using a qualitative-normative research method with a library-based approach. Primary sources consist of hadith collections, sirah literature, and classical works on fiqh al-siyasah; secondary sources include books, journal articles, and contemporary studies. Data collection employs library research, and the analysis applies a qualitative-comparative and normative-historical approach. The findings indicate that the Treaty of Hudaybiyyah not only represents a historical event but also serves as a model of diplomacy that emphasizes dialogue, adherence to agreements, and the protection of human rights (particularly in the context of conflict resolution). This analysis reveals that these principles align with several modern international law tenets, such as pacta sunt servanda and the peaceful settlement of disputes. Therefore, this study argues that a review of the Treaty of Hudaybiyyah through the lens of Fiqh Siyasah can provide a significant theoretical contribution to enrich the discourse on public law, while also affirming the relevance of Islamic intellectual heritage as a source of inspiration for shaping a more just and peaceful global order.

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