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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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Analisis Hukum Kebijakan Daftar Negatif Investasi Berdasarkan Peraturan Presiden Nomor 44 Tahun 2016 Terhadap Pengusaha Ritel Indonesia Nanda Aisyah Rusli; Muhammad Ashri; Nurfaidah Said
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.126-137.2018

Abstract

This study aims to determine the implementation of Presidential Regulation No. 44 of 2016 for retailers in Indonesia as well as to know the application of foreign investment in the retail sector in Makassar. This research is an empirical normative research based on library research with regard to the prevailing laws and regulations, legal literature such as books, journals, articles on the internet as well as other legal materials and field studies. The results of this study indicate that given the opportunity for foreign investors to own a maximum of 67% shares, it is considered a policy that causes no restrictions on ownership in the retail industry, so that the attitude of openness is expected to encourage the growth of modern retail expansively. Given the rapidly growing growth of the retail industry, one of the alternative solutions to zoning problems for large-scale modern retailers is required to be in a mall or shopping mall but so far this location permits are not observed by a number of modern retailers Keywords: Foreign Investment, Retail, Modern Retail, Traditional Retail
Pengangkatan Anak Oleh Orang Tidak Menikah Di Wilayah Hukum Pengadilan Negeri Padang Eri Arianto
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.167-174.2019

Abstract

Along with a number of adoption practices in Indonesia, his background is no longer done only by the couple but developed by those who decide not married, not married and even the widow / widower. Therefore, to ensure legal certainty adopted child, adoption should be based on the determination of the Court. The principal issue raised in this thesis is how the process of adoption by single parents in the region of Padang District Court law, what legal consequences arising from the adoption by single parents this. This research is a sociological juridical law, which is an approach that refers to the written rules and legal materials other is the data, while also to see how the application or implementation in the community through field research, this study used the specifications is descriptive analysis, which describe, describe or disclose the data that has relevance to the problem. Some things that can be concluded that removal of children by single parents in Indonesia have a setting that is the first time Gazette No. 1917. 129 applicable to the Chinese. Adoptions by single parents also follow the Government Regulation No. arrangements. 54 Year 2007 on Implementation of Appointment of the Child. Terms of adoptions by single parents should only be done by inter-Indonesian citizens, with the determination to apply for adoption to the court, must be by special permission of the Minister of Social Affairs
The Implementation of Business Judgment Rule Principle in Managing the Company Busyra Azheri; Upita Anggunsuri
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.32-44.2020

Abstract

A business decision is very important to determine the quality of the Board of Directors in carrying out their duties professionally and responsibly as expected by Good Corporate Governance (GCG). The effectiveness of the Board of Directors is the center of the implementation of Good Corporate Governance. Bank Business is very risky (such: credit risk, reputation risk, etc.). The Board of Directors in making a business decision, will always face unpredictable condition. In Banking practice, the Head of Branch Office Bank is the extension of Director, if the Head of Branch Office Bank signs credit agreement out of the rules (plafond). His action has categorized as ultra vires, so the consequence is the Head of Branch Office Bank can be held responsible for his action. In this case, the Board of Directors has not taken responsibility for the action of the Head of Branch Bank, based on Business Judgment Principle, the Director has not taken its responsibility for ultra vires act which is done by the Head of Branch Office Bank, as along as Director has managed the Company in good faith, carefully and does not against the law. Therefore, Business Judgment Principle gives legal protection to the Director in making a business decision
Protection on Free-to-Air Content in Indonesia Caisa Aamuliadiga
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.131-141.2021

Abstract

This research is about protection on free-to-air content in Indonesia. The existence of the protection has been debatable. Utilizing of free-to-air content by subscription-based broadcasting institution without consent of the owner is ubiquitous in Indonesia. The owner of the content filed lawsuit to the court and reported them to police institution. Government institutions do not have unanimous view on the protection. This research explores how it is protected through Law Number 28 of 2014 on Copyright and Law Number 32 of 2002 on Broadcasting as well as how it is implemented Indonesia. For further explanation, this research also reviews Constitutional Court Decision Number 78/PUU-XVII/2019. The Constitutional Court give their insight in the reasoning of decision. As a result, both regulations do not give clear protection of free-to-air content and Constitutional Court decision make the protection clear through the decision.
Reformulasi Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 Sebagai Upaya Perlindungan Anak Muhammad Ridho Sinaga; Somawijaya Somawijaya; Agus Takariawan
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.92-102.2021

Abstract

Discussing that children is very important. The Protection of children in a nation's society is a benchmark for the nation's civilization itself. Therefore, all elements of society and components of the nation must strive so that children do not commit crimes or other disgraceful acts. Diversion efforts are carried out in every legal process by law enforcers, the Police, the Public Prosecutor, and the Court. In practice, diversion has not been tested for its effectiveness for 3 parties. This study examines the concept of diversion in the juvenile criminal justice system in Indonesia and diversion reformulation that reflects the principle of child protection. The method used in this research is descriptive analysis. The purpose of this study was to determine the concept of diversion in the juvenile criminal justice system in Indonesia and to reformulate diversion that reflects the principle of child protection. The results of this study are, the concept of diversion in the juvenile criminal justice system in Indonesia is a concept by diverting a case from a formal process to a non-formal process. The main principle of implementing the concept of diversion, namely persuasive action or a non-penal approach that provides an opportunity for someone (especially child) to correct mistakes and become a good person again. Reformulation of law enforcement against criminal acts committed by children should be carried out, of course by reforming the criminal law by revising regulations and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, especially regarding diversion requirements, in the provisions of article 7 paragraph (2) letter (a) Law no. 11 of 2012 concerning Juvenile Justice System, with Article 9 paragraph (2).
Implementation of Restorative Justice to Corruption Crimes According to The Perspective of Indonesian Criminal Law And Islamic Law Erdianto Effendi; Fitri Wahyuni; Nilma Suryani
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.65-71.2023

Abstract

Restorative settlement seems to be the trend of criminal law enforcement today. The restorative settlement model has been practiced by the criminal justice sub-system ranging from the police, prosecutors to the courts. Restorative settlement is the concept of a settlement where the interested parties meet to resolve the issue together how to resolve the consequences of the violation in the interest of the common future as well. Nowadays new ideas are emerging that the crime of corruption can be solved through restoratife justice. However, there is a need for studies on the application of restoratife justice for corruption crimes both from the aspect of Indonesian criminal law and from the aspect of Islamic law. This research is a normative research that is descriptive-comparative. That is to provide an overview of the application of Restorative Justice in corruption crimes by comparing them according to Indonesian criminal law and Islamic law. The data used are secondary data consisting of primary, secondary and tertiary legal materials. The analysis stage starts from data collection, data processing and finally the presentation of data by pulling deductively knots. The application of restoratife justice in the typist because it has no juridical legal basis, the prosecutor or the police and even the court has no right to represent the victims of state losses, but the community is more entitled. If you really want a restorative application to the crime of corruption, then there is a need for mekenism that must involve public figures more broadly. Similarly, in Islam, corruption is not the same as murder which allows for diyat. Corruption is closer to theft where the law is to cut hands.
Mitigasi Risiko Hukum dalam Penyelesaian Sengketa Kontrak Konstruksi melalui Dewan Sengketa Shantyabudi, Helda; Azheri, Busyra; Mulyati, Nani
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.79-92.2023

Abstract

Construction projects are considered a sector loaded with risks. Almost every construction service industry activity always appears as a claim, often becoming a dispute. The legal basis for the settlement of construction contract disputes is regulated in Article 88 of Law Number 2 of 2017 by directing dispute settlement through an out-of-court mechanism and providing support for the existence of a dispute board to avoid claims before they arise into disputes. However, Law Number 2 of 2017 does not provide detailed regulations regarding dispute boards, so parties in Indonesia's construction service industry doubt its effectiveness. The research aim is to analyze the implementation of legal risk mitigation to avoid construction contract disputes. The research methodology is done in normative legal research by combining historical, statute, comparative, and conceptual approaches. Research data sources are secondary legal materials and research data collection methods conducted by library research. The results of the study show that there are fundamental differences between construction claims and lawsuits. The concept of dispute avoidance is designed to change the culture to enable proactive dispute prevention and real-time dispute resolution. The dispute board rules in Indonesia are regulated in the Regulation of Minister of Public Works and Public Housing Number 11 of 2021. The output of the dispute boards is a formal decision that is final and binding. In this case, it is not equivalent to an enforceable decision but is contractually binding.
Tanggung Jawab Negara Terhadap Eksploitasi ABK Indonesia di Kapal China Long Xing 629 menurut Hukum Ketenagakerjaan dan dalam Perspekif Hukum Islam Rizki, Dimas Ari; Irham, M. Iqbal
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.293-303.2023

Abstract

There are many cases of ship crew (ABK) who are treated inhumanely, exploited, and even not paid according to their work contracts, which is a violation of human rights in the form of serious degrading of human dignity. International and Indonesian laws have regulated the protection of the rights of foreign workers. However, implementing those regulations should be assessed to increase the protection of the rights of foreign workers, especially for foreign ship crue. The article examines the extent of the State's responsibility for exploiting ship crew and its protection based on Law Number 39 of 2004 and how to protect foreign ship crew from an Islamic law perspective. The study applies normative legal research, focusing on legal approaches, and content analysis applies library research, collecting information from various sources. This research examines the government's duties in protecting Indonesian migrant workers in China based on Law No. 39/2004. The research results show that if crew members are abused on a ship flying the flag of another country, then that country must exercise its jurisdiction, namely, prosecution and supervision, investigation, and examination. If the case of crew abuse involves Indonesia and China, then the two countries must work together to investigate the case. As a signing party to several International agreements such as CERD, UDHR, and ILO, the government of Indonesia is accountable for protecting Indonesian crews that work on foreign ships. From the perspective of Islamic law, crew members, as weak and vulnerable parties, have the right to receive protection. Therefore, the State, through the government, is obliged to protect the rights of crew members, which have been stipulated in law and agreed upon with the employer as a service provider.
Politik Dinasti Dari Perspektif Demokrasi dan Hak Warga Negara Dalam Pemilihan Umum Di Indonesia Marwenny, Elwidarifa; Syafwar, Robi; Permata, Gitra
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.497-505.2024

Abstract

The implementation of democracy in Indonesia is a mandate from the provisions of Article 2 paragraph (1) and Article 6A paragraph (1) of the 1945 Constitution of the Republic of Indonesia, where one of the indicators is general elections. However, the implementation of general elections is often overshadowed by the presence of family members of powerful politicians running for general elections and succeeding, including the elections for president, governor, regent, and others. This condition can trigger much debate and concern about democracy, the quality of elections, and political stability in Indonesia. Nevertheless, the right to elect and to be elected are protected rights and their existence is recognized by the constitution. The limitations of the problem in this paper include: 1) Political dynasty in the perspective of democracy; 2) Political dynasty in the perspective of democracy and citizens' rights in elections in Indonesia. This research used a normative juridical approach by using secondary data in the form of literature studies so that the conclusions are obtained that: a) political dynasty is contrary to democratic principles that emphasize transparency, accountability, and fair participation; b) although the regulations have been set up to protect citizens' rights to elect and be elected, the rise of political dynasty shows incompatibility with democratic principles. It is difficult to avoid political dynasty in a democracy, but efforts are needed to maintain balance and avoid abuse of power by the ruling family.
Pelaksanaan Kurban Mayit Menurut Imam An-Nawawi dan Imam Ibnu At-Taimiyah Studi Kasus Desa Tanjung Baru Kecamatan Tanjung Morawa Elika, Dinda; Mukhsin, Abd.
Nagari Law Review Vol 8 No 1 (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.1.p.15-28.2024

Abstract

This research examines the implementation of sacrificial services for the deceased, a practice that has sparked differing opinions among Islamic scholars. The background of this issue stems from varying interpretations of religious evidence and jurisprudential understanding between Imam An-Nawawi and Imam Ibn Taymiyyah. The research questions are: (1) What are the views of Imam An-Nawawi and Imam Ibn Taymiyyah regarding sacrifice for the deceased? (2) What legal bases and arguments are used by these two imams? (3) How is this practice implemented in the community of Tanjung Baru Village, Tanjung Morawa District? The research method employed is a comparative empirical normative sociological study. Primary data was obtained directly from the works of Imam An-Nawawi and Imam Ibn Taymiyyah, as well as through observations and interviews at the research site. Data analysis was conducted qualitatively using a comparative approach The results reveal significant differences between the views of the two imams. Imam An-Nawawi permits sacrifice for the deceased, both with and without a will, based on hadiths about giving charity for the dead. Meanwhile, Imam Ibn Taymiyyah rejects this argument and holds a different perspective. In Tanjung Baru Village, the practice of sacrifice for the deceased is still carried out by some community members, although understanding of its legal basis varies. This study suggests the need for further education of the community about the variety of scholarly opinions on this matter, and encourages dialogue among local religious leaders to achieve a more comprehensive understanding.

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