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Nagari Law Review
Published by Universitas Andalas
ISSN : 25812971     EISSN : 25977245     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Nagari Law Review (NALREV) is a peer-reviewed journal published by Faculty of Law, Andalas University. NALREV published twice a year in October and April
Arjuna Subject : -
Articles 218 Documents
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A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context Nani Mulyati; Topo Santoso; Elwi Danil
Nagari Law Review Vol 1 No 1 (2017): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.1.i.1.p.56-73.2017

Abstract

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.
Penyimpanan Sertifikat Hak Atas Tanah Oleh Notaris Pada Proses Pengikatan Jual Beli (PJB) (Analisis Putusan Nomor 53/Pid.B/2017/Pn.Bkt) Dila Andika Azhar
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.2.i.1.p.13-24.2018

Abstract

Land purchase agreement is a preliminary agreement made by the parties before a notary create deed of sale before. In case of breach of contract, the notary is often reported to the police on charges of embezzlement due to keeping land rights certificates, even though the parties have signed agreement to authorize the notary public to keep he certificate. Such a problem in fact has also been tried in court. In decision Number 53 / Pid.B / 2017 / PN.Bkt. Elfita Achtar, a notary has been charge due to embezzlement of 4 (four) Right to Build (HGB) certificates owned by PT. Rahman Tamin. The article tries to discuss the case. The research concludes that the Notary Acts does not regulate about the keeping of land certificates in the process of the sale and purchase agreement. However notary deed on the right to keep the certificate has ensured legal certainty to the authority of notary to keep certificate. The consideration in the ruling, pursuant to Article 16 paragraph (1) sub-paragraph a of Notary Law "in carrying out its function, a notary is obliged to act trustworthyly, honestly, thoroughly, independently and impartial,as safeguards of the interests of the parties. Right to keeping the certificate cannot be separated from the authority and function of notary. Therefore the notary is responsible to guarantee the implementation of the binding of the sale and purchase until it deed of Sale and Purchase is signed. It will be unlawful if the notary handed over the certificate to the other party and would cause harm to the parties who have made sale and purchase transactions
Larangan Pemakaian Cadar Di Kampus Dalam Perspektif Prinsip Persamaan Kedudukan di depan Hukum Haris Kurnia Anjasmana; Hernadi Affandi
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.3.i.1.p.89-103.2019

Abstract

The prohibition on the use of veils in some campuses raises the pros and cons in the community, coupled with the many khilafiyah debates regarding the law on the use of veils. The identification of the problem in this article is first how the law of the use of veils in Islam, secondly whether the prohibition on the use of veils on campus violates the principle of equality before the law. The method used is juridical normative with comparative approach method and conceptual approach. The writing specifications used are descriptive analytical. The results of this paper are Basically, the use of legal veils is permissible. Related to the ban on the use of veils on several campuses, the authors argue that it is okay to keep the good name of the campus and avoid abuse of veils from all forms of radicalism, intolerance, or fraud in the lecture process. But before the ban was put into effect, it should first be with discussion and even research involving the entire academic community related to the positive or negative veil on campus by using data and reference sources that can be trusted scientifically and academically and also pay attention to the values that live in society.
Menakar Perlindungan HAM Dalam Revisi UU Minerba Melalui UN Guiding Principles on Business and Human Rights Ayu Kholifah
Nagari Law Review Vol 4 No 1 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.1.p.48-64.2020

Abstract

The ratification of Law Number 3 of 2020 (Revision of the Mining Law) on June 10, 2020 by President Joko Widodo raised a polemic so that several parties have filed a judicial review of the law. This phenomenon indicates that there are interests those are not accommodated in the Revision. The natural resource business as the sector with the greatest risk of human rights violations is in the spotlight whether the Revision are much better to guarantee human rights protection or not. The UN Guiding Principles on Business and Human Rights (UNGPs) is a recommendation that can be used as a parameter how human rights are protected on the Revision. This research is normative legal research using qualitative descriptive methods by combining statutory approaches and conceptual approaches. The results show that the absence of mandatory regulations and guidelines for human rights protection in domestic business activities is a factor in the low level of human rights protection in the Revision. Human Rights Protections by the State and Human Rights Respects by companies have not been comprehensively regulated, access to recovery for human rights impacts is still not maximal and needs to be developed as recommended in the UNGPs.
Posibilitas Eksistensi Jenis Tindak Pidana Pencucian Uang Stand Alone Money Laundering Di Indonesia Muh. Afdal Yanuar
Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.1.p.23-40.2021

Abstract

Refer to the Constitutional Court Decision’s Number 77/PUU-XII/2014, it can be understood that money laundering offences is a follow up crimes. So that, every prosecution and proving to money laundering offences are carried out, the property which suspected as an object of money laundering offences must link to crime, even in terms of the predicate offences is not proven first, because of the money launderer is not a materiele dader of predicate offences, as an Article 69 Money Laundering Laws contextualization’s. In the context of money laundering proving as an Article 69 Money Laundering Laws, the linkages between money laundering offences and proceeds of crime and predicate offences, must be described. Because of in stand alone money laundering proving and prosecuting money laundering offences without also necessarily proving and prosecuting the predicate offences was probably, for example, if predicate offences of money laundering was unsufficient evidence or unable to proven, so that the existence of stand alone money laundering in Indonesia in status quo refer to Constitutional Court Decision’s Number 77/PUU-XII/2014 is not possible. However, the existence of stand alone money laundering can be possible here in Indonesia, if in the future (ius constituendum): (a) there is provision in money laundering’s criminal procedure laws which regulated in the laws, that at least recognize of stand alone money laundering’s existence; or (b) The Criminal Proving System which recognized in Indonesia in originally set forth negative wettelijk system, transformed into the conviction intime system or laconviction raisonee system
Peranan Indonesia Dalam Mewujudkan Keamanan Maritim Di Kawasan Asean Dayu Medina; Dewi Enggriyeni
Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.2.p.218-227.2022

Abstract

United Nation Convention Law of The Sea (UNCLOS 1982) regulates maritime boundaries, rights and obligations of coastal states, and maritime security. This article aims to find out about how the role of Indonesia to realize maritime security in ASEAN areas. Maritime security is one of the important things that must be created in ASEAN, because this region is dominated by oceans. Indonesia as the largest archipolegic caountry in ASEAN have a role to create maritime security. This paper is to find out how is ASEAN policies in creating maritime security in the ASEAN and to find out what is the role of Indonesia to realizing maritime security in the ASEAN. The method used in this article is the normative method so that this assessment will provide an explanation of Indonesia’s role in realizing maritime security in the ASEAN, either by initiating international forum, or participating in existing maritime international forum, and make regulations for their own country, because Indonesia is one of the counties with largest number of crime at sea in ASEAN.
Consumer Representative Actions in the Financial Sector Wijayanti, Sita Adelia Jatu; Cahyono, Akhmad Budi
Nagari Law Review Vol 7 No 1 (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.1.p.1-13.2023

Abstract

The presence of a non-governmental consumer protection organization plays a vital role in assisting consumers whose position tends to be weak and overseeing the implementation of bank executions so that they are carried out fairly. The organization can also represent a broad group of consumers to appear before the court for consumer protection. This study analyzes the legal protection of consumers based on the omnibus financial law of the Financial Sector Development and Strengthening Law and the Consumer Protection Law as well as the role of non-governmental consumer protection institutions in providing advocacy and consultation to consumers in the financial services sector. This study also addresses the legal standing of nongovernmental consumer protection organizations in court. This study aims to provide an analysis of consumer protection in the financial services sector and the role of nongovernmental consumer protection organizations in their involvement in consumer disputes in the financial services sector. The results of the research are based on case studies, that there are still lawsuits filed by non-governmental consumer protection organizations on behalf of consumers in the financial services sector that do not meet the requirements as stipulated in the Law.
Penegakan Pengawasan Mahkamah Kehormatan Mahkamah Konstitusi Terhadap Hakim Konstitusi Niken, Niken; Khalid, Khalid
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.212-226.2023

Abstract

This research aims to determine the important role of the Constitutional Court Ethics Council in upholding the integrity and ethics of constitutional judges and in upholding law and justice in Indonesia. "This research examines the position and role and supervision of the Ethics Council in guiding constitutional judges." the behavior of constitutional judges in carrying out their duties as law enforcers and protectors of the constitution. The research methodology used is a descriptive approach, namely analyzing case data in the form of reports and public information regarding alleged violations of the Code of Ethics by constitutional judges. in 2014 and 2015. These data were analyzed to determine the number of cases followed up, recommendations given, as well as the handling process and decisions taken by the Ethics Council. They have received several reports from the public regarding alleged violations of the Code of Ethics by constitutional judges. However, there were no serious sanctions imposed by the Ethics Council in this case. On the other hand, the Honorary Council provides recommendations to the Constitutional Court to improve case handling and judicial procedures. In conclusion, the Ethics Council has an important role in maintaining the integrity and ethics of constitutional judges and upholding law and justice. "The recommendations given by the Honorary Council are very important in improving and perfecting the trial process at the Constitutional Court.
The Behind Discourse on the Extension of the President's Term of Office Putra, Azhari M. Hadi; Suryani, Nilma
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.420-429.2023

Abstract

Abstract: since the beginning of the 2024 simultaneous General Election (Election) stage, even before that, there have been sideways issues regarding the implementation of the election, among which the most dominant is the issue or discourse about extending the term of office of the president and postponing the 2024 election. These two discourses have become polemic in the midst of Indonesian society because some of them support it and others clearly reject it for the main reason, namely the constitutional mandate must be the basis for organizing the state. the government as the ruler is then strengthened by an analysis of academic theory according to the study of scientist C. Wright Mills an American sociologist who wrote The Power Elite in 1956 in which he gave rise to an understanding of elite theory. An understanding of the election law can realize that the legal loophole for extending the term of office of the president has been closed so that this discourse is not appropriate to continue to be put forward because it violates the constitution, as well as delaying elections which are considered to violate the constitution. As for the decision of the Central Jakarta District Court (PN), it is considered that the decision is categorized as flawed in the constitutional law rules as explained by several legal experts. In conclusion, the emergence of discourses as mentioned above is nothing but an attempt by interested parties, in this case, the ruling elites who are in the current government circle to remain in their seats of office. To prevent this, it is mandatory for the community to understand and adhere to constitutional rules in carrying out the life of the nation and state. Keywords: Delaying the 2024 Election ; Legal Basis for Elections; Elite Theory; Central Jakarta District court Decision; Elite Interests
Kekuatan Hukum Pembuktian Kontrak Elektronik dalam Transaksi Digital Perbankan Syariah Barus, Utary Maharani; Azwar, T. Keizerina Devi; Yuswar, Cheryl Patriana; Nasution, Siti Nurahmi; Wau, Hilbertus Sumplisius
Nagari Law Review Vol 7 No 3 (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.7.i.3.p.616-626.2024

Abstract

This paper aims to obtain an overview of the validity of electronic contracts, the execution of electronic contract by Shariah banks, and the legal force of proof of the electronic contract in digital shariah banking transactions. To achieve these goals, this research uses a normative legal writing with descriptive-analytical specifications. The findings reveal, first, in the perspective of Islamic law in Indonesia, electronic contracts are valid as long as they comply with the general principles of Shariah. Second, this reserach conducted a Focus Group Discussion with two Sharia banks namely Bank Mega Shariah Deli Serdang and Bank Muamalat Jakarta in order to obtain results related to how the execution of electronic contracts on both shariah banks. The result is that PT Mega Bank Shariah Deli Serdang has performed various consumer services based on digital, but not yet for electronic contracts based on financing. The absence of the electronic contract for this financing because it still needs a direct and face-to-face agreement with a notary. Along with its colleague, Bank Muamalat has not yet implemented electronic contracts for financing. Whenever there is an electronic contract that Bank Muamalat is conducted, namely E-Akad in Hajj planning program and E-akad in the value chain system program.. For the two types of e-contract such, Bank Muamalat has never had a dispute with the customer so these two shariah banks have never experienced proof of electronic contract in the trial. Thirdly, theoretically, electronic contracts have been recognised as legitimate evidence in Indonesian law. However, implementation on the ground shall take into account certain terms and conditions.

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