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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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Konstitusionalitas Pengaturan Hak Ulayat Dalam Peraturan Nagari Agung Hermansyah; Romi Armezi
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.97-106.2017

Abstract

Pasca ditetapkannya UU No. 12 Tahun 2011, Peraturan Nagari tidak lagi diakui dalam hierarki peraturan perundang-undangan di Indonesia. Padahal jika merujuk pada Pasal 18 B ayat (2) UUD NRI 1945 pemerintah wajib mengakui keberadaan masyarakat hukum adat berikut hak tradisionalnya. Dalam konteks otonomi daerah, jika dikaitkan dengan Pasal 18 ayat (6) UUD NRI 1945 bentuk pengakuan pemerintah kepada desa sebagai bagian dari pemerintahan daerah idealnya berupa hak untuk mengatur dan mengurus sendiri urusan rumah tangganya. Sebagai lex specialis, Pasal 26 ayat (2) huruf d UU No. 6 Tahun 2014 tentang Desa juga menegaskan hak nagari untuk membentuk peraturan otonominya. Sebagai solusi, sebenarnya Pasal 8 ayat (1) UU No. 12 Tahun 2011 sebenarnya mengakui keberadaan peraturan nagari yang dibentuk atas kewenangan yang bersumber dari perundang-undangan. Dalam implementasinya, pembentukan peraturan nagari terutama yang berkenaan dengan hak asal-usul/ulayat di Sumatera Barat mengalami kendala ytang signifikan. Meski MK melalui putusan PUU No.35/2012 menetapkan kewenangan itu ada di tangan nagari, dalam pelaksanaannya kewenangan dimaksud dibatasi secara bersyarat oleh pemerintah.
Pengalihan Kewenangan Pemberian Izin Usaha Pertambangan Mineral-Batubara Oleh Pemerintah Daerah Iqbal Shalihin
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.61-84.2018

Abstract

With the enactment of Law Number 23 of 2014 on Regional Government, there is a change of authority between the central government, provincial and district governments. Article 4 paragraph (1) of the Law says that "the administration of the forestry affair, marine and mineral resources energy is divided between government and government province". When viewed from the matrix of division of authority between the central government, provincial government and thedistrict (kabupaten)/ city (kota) government it will be very clear that the district government does not have the authority, as under the previous Law on Regional Government. The problem will cause disputes between the provincial and district governments in issuing permit in mining because mining has been the source of income for the regions. In the Law Number r23 of 2014 on the Regional Government of the district / City Government does not have the authority to issue IUP (Mining Business License). Article 37 of Law Numberr 4 of 2009 concerning Mineral and Coal Mining states that the Regency / City Government has the authority to issue Mining Permit or IUP. This regulation then becomes an obstacle in its application, especially at the regional level as does the province of Western Sumatra, because there is no technical rule that can then become the base of rights for the provincial government to take over the authority of the district government as mandated by Law Number 23 of 2014 on Regional Government. Under such conditions the Ministry of Home Affairs issued a Circular Letter of the Minister of Home Affairs No.120 / 253 / SJ on the Implementation of Government Affairs After the enactment of Undang-Undang Nomor 23 Tahun 2014
Peralihan Harta Bersama dalam Perkawinan yang Tidak Dicatatkan Muhammad Alif Gemail; Anwar Borahima; Nurfaidah Said
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.41-55.2019

Abstract

This study aims to analyze the legal consequences arising from legal actions carried out before a notary by a couple whose marriage is not recorded and legal efforts to protect parties when legal actions occur. This research is a normative legal research using a law and case approach. The location of the study was conducted in Makassar City. The results showed that the legal consequences arising from legal actions carried out before a Notary by a couple whose marriage was not recorded is a Notary Certificate, cannot be made by the Notary because they do not have evidence that confirms that a legal marriage has been carried out. In this case what is meant is the Deed Marriage issued by the Civil Registry Office because the marriage is only done according to their religion and beliefs. Legal measures to protect parties when legal actions occur are the establishment of permits to return the name of the land certificate to the District Court where the object of land / building is located. In the application to the District Court, it should also be requested for the Judge's confirmation in the determination that Mona's mother is the only heir based on a marriage that has been carried out in accordance with religious law and her beliefs
Pemberantasan Tindak Pidana Narkoba Berbasis Nagari Sebagai Upaya Non-Penal di Sumatera Barat Tenofrimer Tenofrimer; Yoserwan Yoserwan; Diana Arma
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.65-78.2020

Abstract

The illegal circulation and drug abuse crime are one of the crimes that endangers to the life of the nation and state. The National Narcotics Agency (BNN) report an increase in drug abuse victims and its prevalence. This condition requires an effort to overcome both through the penal and non-penal policy. West Sumatera with its Minangkabau Adat (customary) Society has its own Adat Law as traditional values ​​specifically in the form of the nagari government system and the nagari customs. This paper discusses how the values ​​of adat law can be functioned as a non-penal policy in fighting drug abuse crime. The study applied empirical legal research with several villages as samples. The result of the study reveals that the role of the nagari in combating drugs abuse just supports the programs carried out by other government agencies. Nagari does not have a special program in the prevention and eradication of drugs. Only some Nagaris that have their own rules in the form of nagari regulations that specifically regulate the prevention and eradicating drug abuse. Nagari as a government institution has the authority and mission to carry out governance based on customary law in addition national law. Minangkabau customary law contains with philosophical values ​​that can play a role and be utilized as a basis for making nagari regulations and a basis for implementing governance, especially in efforts to eradicate drug crime. These various values willn ​​strongly support efforts to prevent and overcome the problem of drug abuse such as, strengthening religious values, strengthening the values ​​of togetherness and solidarity between and among each other and strengthening leadership values
Perlindungan Hukum Bagi Debitor Terhadap Pelaksanaan Rencana Perdamaian Penundaan Kewajiban Pembayaran Utang Akibat Pandemi Covid-19 Neysa Tania; Dixon Sanjaya; Jason Novienco
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.41-58.2021

Abstract

The Covid-19 pandemic has had a negative impact on business in various sectors and is one of the factors that causes the high number of filings for Bankruptcy cases in the Commercial Court. To prevent this, Law Number 37 of 2004 on Bankruptcy & Suspension of Debt Payment Obligation provides an opportunity for debtors to apply for suspension of debt payment as an opportunity to pay off their debts. However, in the process of determining the status of the application for suspension of debt payment obligations until the settlement plan for the suspension of debt payment obligations has been homologated, Law Number 37 of 2004 on Bankruptcy & Suspension of Debt Payment Obligation still provides room for creditors with bad faith to cause disadvantages towards the debtor. Therefore, in this paper, the author examines how the legal protection for debtors on the implementation of the suspension of debt payment's peace agreement that is affected by Covid-19. The results show that there is still inadequate legal protection for debtors against suspension of debt payment's peace agreement affected by Covid-19 due to the lack of provisions that can protect debtors in the bankruptcy law and suspension of debt payment obligations
Legal Protection on Economic Rights of Pirated Work of Songs in Intellectual Properties Oksidelfa Yanto; Qingqing Cindy Chen; Nani Widya Sari
Nagari Law Review Vol 6 No 1 (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.6.i.1.p.1-11.2022

Abstract

This research aims at finding out the legal protection of copyright according to positive laws of Indonesia, and the types of legal sanctions rendered if there is an infringement on the economic rights of a songwriter. This research applies the juridical normative method to literature studies. The data which is presented in this research is secondary data. The findings show that the protection over works on songs in Indonesia has been provided by Law No. 28, 2014 concerning Copyrights. The law states that a song is one protected intellectual property. In its practice, the protection over copyright follows the automatic protection system, which means that the protection is without the process of recordation. The legal consequence is that every person who illegally commits a copyright crime, either for economic rights or for commercial use, shall face criminal sanction. Besides, the other parties other than the creator can be prohibited to exploit the creator’s economic rights. Within the sanction, other parties besides the creator are prohibited to exploit the creator’s economic rights.
Legal Protection For Investors of Government Bonds Whose Clauses Do Not Have A Maturity Period Shandietrysno, Adrianus Jeffri; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
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.14-28.2023

Abstract

The state in running its government needs funds with the aim of national development and maintaining the stability of the country's economy. One of the funds obtained is through debt instruments, both domestic debt and foreign debt. The government avoids foreign debt, thus optimizing domestic debt with consideration so that the public can participate in raising funds for national development. With this goal, the government issued government bonds or better known as Government Bonds (SUN). Government Bonds are securities in the form of debt recognition letters in rupiah and foreign currencies guaranteed by the payment of interest and principal by the Republic of Indonesia, in accordance with the validity period. However, the SUN issued in 1950 by the government, has no perpetual bond. Unlike the SUN issued today, there is a maturity period and guaranteed by interest and principal payers as stipulated in Law Number 24 of 2002 concerning Government Bonds. Meanwhile, the SUN issued in 1950 has no time period, so it does not provide legal certainty and legal protection to holders of the 1950 SUN, even though the SUN was issued by the same government.
Penyelesaian Sengketa Terhadap Marhun Yang Masih Berstatus Kredit Ditinjau Menurut Fatwa DSN-MUI Nomor: 25/DSN-MUI/III/2002 Siregar, Lisa Dewi Rafika Br.; Pulungan, Sahmiar
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.227-240.2023

Abstract

This research aims to determine the implementation of pawning on marhun who still have credit status and dispute resolution that occurred in Bangun Sari Village, Silo Laut District, Asahan Regency according to DSN MUI Fatwa number: 25/DSN-MUI/III/2002. This type of research method uses qualitative methods with a field approach (field research). The data sources in this research use two data sources, namely, primary data obtained through interviews, observations of the problem objects raised and secondary data to complement primary data obtained from books, articles, written documents, journals and other related secondary data. with the problems in this research. Meanwhile, the data collection techniques used were interviews, observation and existing literature. The location of this research is in Bangun Sari Village, Silo Laut District, Asahan Regency. The problem of this research is through DSN-MUI Fatwa Number: 25/DSN-MUI/III/2002 concerning Rahn, namely that marhun cannot be used by murtahin unless the murtahin has permission. However, looking at cases in the field, Murtahin is still taking advantage of the marhun by selling it to other parties without Rahin's permission. If the maturity date has passed, Murtahin must warn Rahin to immediately pay off his debt. However, in this case the murtahin did not remind the rahin when the debt was due. If Rahin cannot pay off his debt, Marhun will be forced to sell/execute at auction in accordance with sharia. The results of the research show that the implementation of pawning and dispute resolution for marhun with credit status in terms of the DSN MUI Fatwa in Silo Laut village, Silo Laut District, Asahan Regency is invalid because it does not comply with the provisions contained in the DSN-MUI Fatwa. Meanwhile, according to Islamic law, the implementation of pawning that occurred in Bangun Sari village, Silo Laut subdistrict, Asahan district, was not in accordance with the pillars and conditions of pawning.
Menguji Kenegarawanan Hakim Konstitusi Melalui Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Gusman, Delfina
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.430-439.2023

Abstract

Constitutional Justice Saldi Isra's confusion in expressing a different opinion (dissenting opinion) regarding the ruling of the Constitutional Court Number 90/PUU-XXI/2023, opening up public space to question the material aspects of the decision. According to Saldi Isra, the substance of the petition in Case Number 90/PUU-XXI/2023 is simple and clearly visible.opened legal policyIn fact, it was taken over and used as a "political burden" for the Court to decide. The results of the research explain that first, the mechanism for filling the position of Constitutional Judge greatly determines the statesmanship qualifications of Constitutional Judges, the involvement of state institutions as institutions proposing Constitutional Judges. Second, to create Constitutional Judges who master the constitution and state administration and have integrity and personality that is beyond reproach and are fair, it is necessary to make changes to the mechanism for filling the positions of Constitutional Judges in order to create a mechanism that reflects the independence of their election.
Konsep Bimbingan Perkawinan Pra Nikah Untuk Mengurangi Tingginya Perceraian Karena Reuni Di Sumatera Barat Andalusia, Andalusia; Yasniwati, Yasniwati
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.626-638.2024

Abstract

The incidence of divorce in Indonesia has once again surged. According to the Indonesian Statistics report, the total number of divorce cases in the nation reached 447,743 in 2021, marking a 53.50% increase from 2020's 291,677 cases. This report reveals that a larger proportion of wives initiate divorce proceedings compared to husbands. Specifically, 337,343 cases, or 75.34% of divorces, were a result of contested divorce, where the wife filed a lawsuit that was adjudicated by the Court. On the other hand, 110,440 cases, or 24.66% of divorces, stemmed from uncontested divorce, where the husband filed a petition that was decided by the Court. Geographically, West Java recorded the highest number of divorce cases in 2021 at 98,088, followed by East Java and Central Java with 88,235 and 75,509 cases respectively. The primary catalyst for divorce in 2021 was persistent conflicts and arguments, accounting for 279,205 cases. Additionally, economic factors, abandonment, domestic violence, and even polygamy were cited as reasons for divorce. Over the past five years, divorce trends in Indonesia have exhibited fluctuations, with the highest number of cases recorded in 2021, and the lowest in 2020. Notably, divorce rates experienced a significant spike from 2017 to 2019. West Sumatra ranks as the 10th province with the highest number of divorces in Indonesia, totaling 9,371 cases, comprising 2,372 divorces and 6,999 lawsuit divorces. This data raises concerns about the state of our community's households.

Page 13 of 22 | Total Record : 218

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