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INDONESIA
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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Pasal Penghinaan Presiden Dan Urgensi Pembaharuan Kitab Undang-Undang Hukum Pidana Oksidelfa Yanto
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.74-81.2017

Abstract

As a state of law, Indonesia highly upholds the legal values existing in societies. By highly upholding the legal values indicates that Indonesian is a nation who abides the law. One of the laws that must be abided by people is criminal law sourced from the Criminal Code or as familiarly known as KUHP. As a positive law Criminal Code (KUHP) is prevailing all over the territorial of Republic of Indonesia and shall be a guide for the entire legal apparatus to impose sanction for violation and crimes. Unfortunately, the Criminal Code which is currently used by the law enforcers as a guide and reference to punish the guilty persons is no longer appropriate with the cultural value of our nation. Actually Criminal Code as the colonial law product is not relevant any longer with the condition of the era and ideology of Indonesian. It is impossible that Indonesia that have been feeling independence for decades but still use the law product of the nation who had occupied it. Consequently, it is urgent that the Indonesian criminal law renewal must be carried out and cannot be negotiable.
The Role Of National Land Agency In Acceleration Of Land Registration For Legal Certainty Muhammad Yamin; Zaidar Zaidar; Zakiah Zakiah
Nagari Law Review Vol 1 No 2 (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.1.i.2.p.107-114.2018

Abstract

Observing a lot of land conflicts in Indonesia which is constantly increasing, and followed by the rapidly growing populations that caused the demand for land will also increase automatically. While the number of the available land is limited (not increasing). This condition will surely causes problems on controlling and ownership of the land. This research aims to identify the factors which causes conflict (dispute) of land, by doing inventory to the lands which is owned by the community (whether it is registered or not registered). From this temporary research result, it is known that, the implementation of the land registration in Deli Serdang district (the research location) has not happened as expected. It can be seen from the number of land which has not been registered, this condition will certainly trigger conflicts or disputes in society, both ownership boundary disputes, control of illegal land (arable land), inheritance disputes, etc. Certificate ownership mostly only exist in urban area. The lack of interest by the community to join the land registration is due to various of reasons, which is: 1) the community do not recognized the purpose of land registration, 2) the cost is expensive, 3) the management is convoluted, 4) the community feels that it is not a necessary to do it, 5) arable land. In this research, the role of National Land Agency (NLA) as the organizer of land registration has not been surely prominent, it is visible that the NLA office is more passive, which is only waiting for the arrival of the owner land to register their lands, NLA should be more involved in land registration and followed by socialization, counseling for the community. As well for the land disputes which is in the region of the Land Office until this moment is currently unfinished and still having a lot of problems, in order to achieve the above purpose, Deli Serdang Land Office has taken steps by empowering all the existing abilities, it has been a huge duty for Land Office, by remembering there will be more and more usage and utilization in the future, while the available land is limited, and hoping that the community will be motivated to registered their lands for achieving the legal certainty.
Peran Lembaga Penjamin Simpanan (LPS) di Era Financial Technology Upita Anggunsuri
Nagari Law Review Vol 2 No 2 (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.2.i.2.p.215-223.2019

Abstract

Indonesia Deposit Insurance Corporation (LPS) as the institution that has function to provide security guarantees of financial transactions should also consider the risk of the financial system built by financial Technology (Fintech). Financial Services Authority (OJK) has announced that 231 Fintech Peer to Peer Lending (P2P) are illegal. This research endeavors to answer the following questions: how is the function of LPS in Financial Technology Era and how is the readiness of Indonesia LPS in the face of Financial Technology Era. This research applied normative or legal research in answering the questions. The study concludes that even though Fintech is not the banking institution, so that deposit Fintech is not guaranteed by LPS. However, with technological developments and community needs for financial services, LPS should strive to encourage economic growth, while still doing its function to maintain the stability of financial system through the transformation of the function of Indonesia LPS, then it should form regulations that are institutionally integrated with Bank Indonesia and OJK in dealing with uncertainty about the risks caused by the Fintech industry. LPS should also prepare human resource by forming a fintech division to face the development of the fintech business
Eksekusi Kebiri Kimia Pelaku Kekerasan Seksual Terhadap Anak di Indonesia Nurafni Nurafni; Bambang Waluyo; Beniharmoni Harefa
Nagari Law Review Vol 3 No 2 (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.3.i.2.p.100-120.2020

Abstract

The state has an important task in developing and protecting the rights of children from all possibilities that will endanger the lives of children in the future. The birth of a law governing additional penalties in the form of chemical castration for perpetrators of sexual violence against children is a form of state commitment in optimizing the protection of children's rights. However, the implementation of this law does not exist yet, which hinders the enforcement of legal protection for children. This research is a normative legal research using secondary data consisting of secondary and tertiary primary legal materials collected through literature study then analyzed qualitatively and presented descriptively so as to obtain a detailed and systematic picture of the implementation of chemical castration execution of perpetrators of sexual violence against children in Indonesia. Children as victims of sexual violence and also perpetrators and even the community are entitled to get certainty about the implementation of chemical castration execution. So it is necessary to regulate the implementation of chemical castration execution to realize legal certainty while still looking at justice for victims as well as the use for perpetrators
Moralitas Omnibus Law Undang-Undang Cipta Kerja Dalam Rangka Pemenuhan Kebutuhan Hukum Masyarakat Delfina Gusman
Nagari Law Review Vol 4 No 2 (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.4.i.2.p.200-209.2021

Abstract

Fulfilling the legal needs of the community is one of the legal materials regulated in Article 10 paragraph 1 of law number 12 of 2011 concerning the formation of statutory regulations. However, there are unclear parameters or characteristics of community law compliance. This has resulted in the emergence of laws that do not meet the legal needs of the community. For example, The Law Of Cipta Kerja. There are many legal problems in this law, both in the process of formation and in substance. When linked with the principles of morality, several articles in this law violate these principles. One of them is moral principle that serve as an ethical foundation in the formation of law, especially the value of justice for all people.
Between the Job Creation Act and Labor Act: What’s Specific Time Employee Agreement (PKWT)? Ariawan Gunadi; Suwinto Johan; Amad Sudiro
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.160-170.2022

Abstract

President Jokowi signed the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation (UU Cipta Kerja), but the Constitutional Court (MK) decided to conduct a judicial review. According to the Constitutional Court, the government must revise the Job Creation Law within two years. Two of the five petitioners for judicial review express concern about the Job Creation Law's inclusion of Specific Time Employee Agreements (PKWT). A Specific Time Employee Agreement is a contract between a business/employer and its employees for a specified period. The purpose of this study is to examine Specific Time Employee Agreements. This study employs a normative judicial methodology. The research is unique in discussing Specific Time Employee Agreements from two perspectives: the worker and the employer. Additionally, this research examines how Specific Time Employee Agreements have been implemented in practice thus far. The research concludes that workers lack understanding of Specific Time Employee Agreements, raising concerns about the Job Creation Law. The absence of a formulation regarding precarious work creates legal uncertainty for workers. Ineffective communication between the employer and employees has raised suspicions regarding the Specific Time Employee Agreement between the two parties. The Job Creation Law's socialization of labor cluster legislation requires improvement. To avoid misinterpretation, the definition of non-permanent work must be clarified
Indonesia's Revocation of Political Rights: Criminal Perspectives Philosophy Efendi, Roni; Zurnetti, Aria; Sukmareni, Sukmareni
Nagari Law Review Vol 6 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.6.i.2.p.120-132.2023

Abstract

Human rights are fundamental freedoms that are eternally guaranteed to all people as they are the creations of the Almighty God. As a result, it must be protected, supported, and respected. It also must not be disregarded, as neglect and human rights abuses result in human rights violations. Political rights are one of the fundamental rights that must be upheld and safeguarded by the State, the law, and the government. The Criminal Code's provision of criminal penalties for the elimination of political rights in Article 35 (1) (3), where the electoral process and electoral laws are founded, proves to conflict with the State's mission for the preservation and maintenance of political rights. This article's analysis of criminal sanctions that impact citizens' political rights in terms of punishment philosophy is urgently needed.
Peran KPK dalam Memberantas Korupsi di Indonesia: Analisis terhadap UU Nomor 19 Tahun 2019 tentang Komisi Pemberantasan Korupsi dalam Tinjauan Fiqh Siyasah Dusturiyah Br Tarigan, Anisa Tiara; Irham, M. Iqbal
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.144-157.2023

Abstract

The aim of this research is to examine the role of the Corruption Eradication Commission (KPK) in overcoming corruption in Indonesia from the perspective of Fiqh Siyasah Dusturiyah. This study analyzes Law No. 19 of 2019 to understand the legal basis, duties, performance and function of the Corruption Eradication Committee in eradicating corruption, including the methods and strategies used. The document analysis method is used as a research plan with a focus on literature related to Law No. 19 of 2019. This research is a type of normative legal research using descriptive methods. The data collection used in this research is primary data and secondary data, the primary data is Law No. 19 of 2019, while the secondary data is taken from research results and opinions of legal experts. The research results show that the Corruption Eradication Commission has the responsibility and authority to eradicate corruption based on the Corruption Eradication Commission Law No. 19 of 2019. The Corruption Eradication Commission is a special police agency that strengthens efforts to eradicate corruption in Indonesia. However, Law No. 19 of 2019 received public opposition and criticism because it fundamentally changed the duties and authority of the Corruption Eradication Commission, especially in its implementation. In reviewing the fiqh siyasah dusturiyah, the Corruption Eradication Commission (KPK) is expected to be able to maintain justice and stability in the country through fair, equal and effective law enforcement. The KPK is also considered to have a moral responsibility to protect public interests and prevent criminal acts of corruption.
Pengaturan Penjaminan Polis sebagai Upaya Perlindungan Dana Masyarakat dalam Praktik Perasuransian Fauzi, Wetria
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.354-362.2023

Abstract

Claiming an insurance policy is a complex issue. Sometimes, insurance companies refuse to pay claims for various reasons and cannot pay policyholders' insurance claims. Therefore, the presence of a policy guarantee institution is essential. Article 53, paragraph (4) of the Insurance Law stipulates that the Law regarding policy guarantee programs shall be formed 3 (three) years after the legalization of the Insurance Law. However, as mandated by Article 53, the policy guarantee institution has yet to be approved. Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector Development and Strengthening of the Financial Sector or PPSK answers this problem. The Law provides a new mandate to form an institution, the Deposit Insurance Corporation (LPS). The existence of a Policy Guarantee Institution as mandated by the Law No. 40 of 2014 concerning Insurance could not be embodied. Therefore, enacting Law No. 4 of 2023 concerning the development and strengthening of the financial sector will hopefully become the answer. This Law provides the duties and authority of the Deposit Insurance Institution (LPS) to guarantee policies to protect public funds. However, to achieve the goal of the new Law, there should be good coordination between the Financial Services Authority (OJK), the financial services industry supervisory institution, and LPS, the policy guarantee institution. These two institutions should synergize with each other in protecting insurance policyholders.
Right to Sue (Citizen Law Suit) Air Pollution as an Alternative Dispute Settlement Ulfanora, Ulfanora
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.555-566.2024

Abstract

A good and healthy environment is a human right of every Indonesian citizen. The mandate of the 1945 Constitution is not obtained by citizens as they should. The proof is that high air pollution, such as air quality in some areas, causes environmental damage. As for the negative impact of air pollution, in addition to material losses, it also causes immaterial losses in poor air quality. Facing the occurrence of environmental damage due to air pollution in the city of Jakarta, citizens have the right to sue the government as state administrators who have neglected to protect the rights of their citizens, as regulated in Article 91 paragraph (1) and (2) of Law no. 32 of 2009. The results of this study are that the Citizen Lawsuit lawsuit becomes a forum for the community if they experience losses due to pollution and environmental damage. This Citizen Lawsuit lawsuit only asks for accountability for Government policies that result in losses for citizens, such as the lawsuit filed by the Optimistic Capital Coalition on Number 374/Pdt.G/2019/Pn.Jkt.Pst which was received by the Panel of Judges in 2021.

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