Articles
212 Documents
<![CDATA[Penerapan Fungsi Sekunder Hukum Pidana Oleh Aparatur Penegak Hukum Dalam Hukum Pidana Ekonomi ]]>
<![CDATA[Yoserwan Hamzah]]>
<![CDATA[ Nagari Law Review Vol 1 No 1 (2017): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.1.i.1.p.16-24.2017
<![CDATA[Secondary function of criminal law indicates that criminal law will only be needed if other legal norms cannot protect the society. However, the reality shows that more criminal laws enacted and more criminal sanction are applied, especially in Economic Criminal Law. That phenomenon may lead to over-criminalization. The research concludes that there is no synchronization in the implementation of secondary function of criminal law both in formulation and implementation of criminal law. Therefore, there should be synchronization in implementing the secondary function of criminal law, and in turn it will support synchronization among law enforcement official.]]>
<![CDATA[Perlindungan Hukum Terhadap Nasabah Deposito Dengan Bunga Di Atas Yang Diizinkan Otoritas Jasa Keuangan ]]>
<![CDATA[Syawal Syawal]]>
<![CDATA[ Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.2.i.1.p.107-123.2018
<![CDATA[The main factor for the weakness of the customers is the lack of public awareness of the rights. In order to attract more customers, some bank offer higher rate of interest above allowed by Financial Services Authority (OJK) or protected by Saving Guaranty Institution (LPS). The problem is how is the protection to customer in who involves in such agreement. The study was conducted at PT BPR Bharma Pejuang EmpatLima Tanjung Pati District of Lima Puluh Kota. The research method used is empirical juridical approach. The result of this research is that the factors influencing the determination of deposit rates higher than LPS the target of desired profit, competition among other commercial bank and Bank Overhead Cost. In order to avoid any lawsuit, the bank requires the customer to sign a declaration that fund will be kept in even though it is not guaranteed by LPS. Actually there is no legal protection for the customer since the deposit interest rate is not in accordance with the LPS provisions. Let alone the customer has signed the letter that the fund is not guaranteed by LP. It is suggested that OJK and the Deposit Insurance Agency take firm action against BPR that gives interest which are not in accordance with LPS provisions. The customers should be are more careful in saving and not just expect higher profit but ignore the possible risk. The customer should not sign a statement that his fund would not protected by LPS because it will be is detrimental for security deposited funds]]>
<![CDATA[Upaya Pencegahan Korupsi Pengadaan Barang dan Jasa Pemerintah Melalui Instrumen Harga Perkiraan Sendiri ]]>
<![CDATA[Jamila Lestyowati]]>
<![CDATA[ Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.3.i.1.p.27-40.2019
<![CDATA[This study aims to analyze cases of corruption that occur in the procurement of government goods and services through the owner estimate (HPS) instrument. Corruption in the procurement of goods and services is ranked second after the bribery case. The preparation and determination of HPS as an important part of the procurement of goods/services implementation process carried out by the Committing Officer (PPK). HPS was prepared before the PBJ implementation process. By the provider, HPS is used as a basis for bidding. Meanwhile, by procurement officials and ULP, HPS is the basis for evaluating bids. Analysis using normative methods with qualitative approaches with primary and secondary data. The results showed that corruption cases in the procurement planning are caused by a mistake in the preparation of HPS. The mistake was caused by the HPS compiled by the vendor. PPK lacked the substance of the work and the case of mark up prices. Another cause was the data available for the preparation of HPS is so diverse that PPK compiles HPS without going through expertise calculations. The application of criminal law in the PBJ case is expected to be able to sustain the implementation of good government and public services through the State Budget. That goal can be achieved through the preparation of the right HPS so as to minimize the occurrence of corruption in Indonesia.]]>
<![CDATA[Implementasi Perjanjian Mutual Legal Assistance Dalam Rangka Pengembalian Hasil Kejahatan di Luar Negeri ]]>
<![CDATA[Mochammad Abizar Yusro]]>;
<![CDATA[Thufail Rozaan]]>
<![CDATA[ Nagari Law Review Vol 4 No 1 (2020): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.4.i.1.p.13-27.2020
<![CDATA[The development of science, technology and information, does not always have a positive impact, on the other hand these developments have a negative impact, such as the development of criminal acts from the conventional nature to organized and transnational crime (organized and transnational crimes). Preventing and eradicating organized and transnational criminal acts is not carried out in conventional ways, such as catching the perpetrators of criminal acts (follow the suspect), this method is not effective to do because to prove the existence of criminal acts against organized and transnational criminal acts is very difficult. Efforts to return the stolen asset recovery (stolen asset recovery) through corrupt acts tend not to be easy. The perpetrators of corruption have extraordinarily broad and difficult to reach access to conceal or carry out money laundering resulting from corrupt acts by utilizing derivative transactions through effective international transfers. The problem becomes even more difficult because the safe haven for the proceeds of crime goes beyond national borders. Therefore, through the concept of stolen asset recovery which is integrated with mutual legal assistance, it is able to become a solution to restore state assets abroad. This research is descriptive in nature with normative juridical research type. The type of approach used is the statutory approach and conceptual approach.]]>
<![CDATA[Menakar Makna Merugikan Perekonomian Negara Dalam Undang-Undang Tipikor ]]>
<![CDATA[Taufik Rachman]]>;
<![CDATA[Lucky Raspati]]>
<![CDATA[ Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.4.i.2.p.225-238.2021
<![CDATA[One of the important elements to determine the existence of corruption is the loss of state finances or economic losses of the state. For the latter, the meaning of state economic losses is very rarely used because of the pros and cons in law enforcement practices. For those who are against the loss of the state economy in the crime of corruption argues that the element of aquo is not clear so it is very prone to be misused so contrary to the principle of legality. The basis of his thinking, simply by determining the existence of state financial losses, there is no need to prove the economic loss of the country. For those who are pro will need to prove the loss of the state economy in the case of corruption mentioned that this element needs to be proven as an alternative to determine the adverse consequences of corruption on the country's economy. This paper discusses the parameters used to measure the meaning of "state economic loss" in applying Article 2 and Article 3 of the Tipikor Law. The way to measure aquo losses is to use two stage evaluations, namely the first to determine material losses resulting from illegal acts (PMH) and the second to determine whether the object is directly related to the country's economy. The legal consequences of material losses resulting from PMH in corruption crimes do not always exist to the state's economic losses. If the state's economic losses are considered to exist then the financial losses of the state must exist]]>
<![CDATA[Is This Part Substantial or Is It Time to Rethink the Concept of Originality in Music? ]]>
<![CDATA[Salsalina Itha Karina]]>
<![CDATA[ Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.5.i.2.p.184-191.2022
<![CDATA[The vagueness in the concept of originality in music has been problematic, especially relating to the enforcement of copyright. There is no definite line between ideas and the expression of an idea, which is essentially the object of copyright in music. The act of using a general concept in music could be mistaken as substantial taking and even futher a copyright infringement. The purpose of this article is to give a new perspective on the concept of originality in music, specifically in determining the act of substantial taking, and to explain why it could be time to finally rethink this concept. The research shows that the concept of substantial taking, as regulated by is Copyright Act, could hardly be applied to music due to the vagueness in the concept of originality. This reflects the necessity of a standardization for originality in music, which could be achieved through dialogues between musicologists, musicians, and other relevant professionals.]]>
<![CDATA[The Role of Adat Institution In The Settlement of Criminal Cases Through Restorative Justice In West Sumatera ]]>
<![CDATA[Yoserwan, Yoserwan]]>;
<![CDATA[Irzal Rias, A.]]>;
<![CDATA[Tenofrimer, Tenofrimer]]>;
<![CDATA[Arma, Diana]]>;
<![CDATA[Raspati, Lucky]]>
<![CDATA[ Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.6.i.2.p.146-157.2023
<![CDATA[The process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms for settling criminal cases in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal and limited, this concept has developed and has become part of the Criminal Justice System. Settlement mechanisms that involve many related parties and are oriented towards the repair or restoration of various parties affected by a crime are seen as more capable of providing justice. One of the parties involved in the Restorative Justice process besides the perpetrator and the victim is the community. Within the scope of Adat peoples (Masyarakat Adat), community involvement is represented by Adat institutions through Adat leaders. This research examines the role of Lembaga Adat (adat institution). in resolving cases through Restorative Justice in West Sumatra. The research uses empirical legal research methods, namely by collecting data either through law enforcement agencies or customary institutions. The results of the research were analyzed by juridical qualitative. The results of the research show that in West Sumatra the settlement of criminal cases through restorative justice has involved Adata institutions represented by Adat leaders. Community involvement is formed through a memorandum of understanding between law enforcement agencies, in this case, the police and prosecutors institution, and involves Adat institutions in the implementation process. In the future, the involvement of Adata institutions in the settlement of criminal cases, especially through restorative justice, needs to be optimized, because the justice obtained will be more in line with the feelings of justice in society.]]>
<![CDATA[Penguatan Asas Kebebasan Berkontrak Untuk Kepentingan Umum Dalam Layanan Pinjaman Online Dengan Menggunakan Pendekatan Rule of Law ]]>
<![CDATA[Harniwati, Harniwati]]>;
<![CDATA[Fauzi, Engrina]]>;
<![CDATA[Fajar, Abdul Malik]]>
<![CDATA[ Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.7.i.1.p.182-191.2023
<![CDATA[This article analyzes the setting of very high interest rates on information technology-based lending and borrowing services by the Indonesian Funding Fintech Association (AFPI). AFPI was given self-regulating authority by the OJK (Financial Services Authority) to determine loan interest rates which caused disproportionate positions between borrowers and lenders. This research aims to answer problems in terms of the substance of fintech peer to peer lending regulations in Indonesia, so a comprehensive analysis is needed from the perspective of statutory regulations and conceptually so that legal protection can be achieved for the public, especially borrowers. The results of this research show that the unequal position of the parties in fintech agreements is due to a lack of understanding of the principle of complete freedom of contract. The application of the principle of freedom of contract in fintech can be said to be not optimal and still applies artificially due to the urgent interests of borrowers who are in a weak position where urgent needs are forced to agree to agreements with high interest rates. It is necessary to limit the principle of freedom of contract because it has an impact on injustice and in the public interest it is necessary to break through public law into civil law. Apart from that, it is necessary to strengthen the Pancasila economic system again because it is in accordance with the identity of the Indonesian nation. Apart from that, the law must be a determinant of the economy, not as an instrument to support the economic system, thus causing the economy to be more determinant over the law.]]>
<![CDATA[Sifat Rekomendasi Pengembalian Kerugian Negara Dalam Laporan Hasil Pemeriksaan Badan Pemeriksa Keuangan ]]>
<![CDATA[Caniago, Candra Feri]]>;
<![CDATA[Khairani, Khairani]]>;
<![CDATA[Yuslim, Yuslim]]>
<![CDATA[ Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.7.i.2.p.373-389.2023
<![CDATA[Recommendations are suggestions from the examiner based on the results of the examination contained in the Audit Report (LHP) of the Supreme Audit Agency (BPK). Law No. 15/2004 mandates that recommendations must be followed up by responsible officials or parties. On several occasions, BPK has stated that its audit results are final and binding. A common recommendation in BPK's LHP is to return state losses to the state or regional treasury by stating the amount of money to be returned. Meanwhile, in other provisions, namely PP No. 38 of 2016 and BPK Regulation No. 3 of 2007, it is stated that the BPK audit results are one of the sources of information on the occurrence of losses, which will then be processed for imposition and compensation claims. In its provisions, all decisions arising from the process may differ from the state losses stated in the BPK's LHP. The purpose of this article is to examine the nature of the recommendations for the recovery of state losses in the BPK's LHP. This research is normative legal research with the approach of principles, cases, laws, and regulations. The results show that the BPK's recommendation is final and binding since the LHP is issued and submitted to the representative institution, so it must be followed up by providing answers and explanations to the BPK. Meanwhile, the state loss stated in the LHP BPK is not final. This is related to the authority of BPK, where the recommendation to recover state losses in the LHP BPK is not in the context of exercising the authority to calculate state losses, as well as assessing and/or determining the amount of state losses.]]>
<![CDATA[Legal Policy of the Establishment of Deputy Attorney General for Military Affairs in the Structure of the Attorney General's Office of the Republic of Indonesia ]]>
<![CDATA[Raihany, Farras Audia]]>;
<![CDATA[Zurnetti, Aria]]>;
<![CDATA[Elda, Edita]]>
<![CDATA[ Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.7.i.3.p.578-591.2024
<![CDATA[The legal challenges within Indonesia's justice system revolve around the absence of a unified implementation of the one-roof prosecution policy for military crimes. Despite the apparent coordination authority vested in the Attorney General, as highlighted in Article 57 of the Military Justice Law and Article 18 of the Amendments to the Prosecutor's Office Law, practical enforcement reveals a lack of reporting by Auditors to the Attorney General regarding the prosecution of military criminal cases. Furthermore, issues arise in handling connection cases, where the Criminal Procedure Code stipulates joint trials for handling perpetrators from both general and military justice systems. However, in practice, many connectivity cases are tried separately, leading to dualism and disparities of prosecution. In response, a suggested solution was to establish the Deputy Attorney General for Military Affairs (DAGMA) as the new structure within the Attorney General's Office. This paper aims to obtain a comprehensive explanation regarding the legal policy behind establishing DAGMA as the assistant of the Attorney General in handling military affairs and connectivity cases. The method used in this research is juridical-normative, which mainly focuses on examining the law as norms or rules that apply in society and serve as guidelines for individual behavior. The findings proved that establishing DAGMA is the Government's effort to implement legal reform, especially regarding optimizing the performance of the Indonesian Prosecutor's Office as the implementer of state prosecutorial power to realize prosecutorial unity in Indonesia.]]>
