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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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Hak Gugat Pemerintah dalam Mengembalikan Kerugian dan Pemulihan Lingkungan Melalui Sengketa Lingkungan Hidup Abdul Mubin; Irwansyah Irwansyah
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.1-15.2017

Abstract

The concept or idea of the Ecocracy (Eco-Crasi) suggests that the environment has its own sovereignty called environmental sovereignty. The concept of the eco- nomic places the environment as the subject of law and has the right to obtain legal protection, including the right to compensation and environmental restoration from pollution and environmental destruction. The environment as the subject of law can not be equated with human beings, because the environment can not speak and act as human beings, therefore the environmental rights to demand environmental compensation due to pollution and / or environmental damage are represented to the state, One legal principle in the PPLH Law is the principle of state responsibility, the consequence of the principle of state responsibility, the government may take legal action to represent the environmental interests provided for in Article 90 paragraph (1) of the PPLH Law. The compensation of the environment and the restoration of the environment shall be carried out by means of civil law enforcement instruments such as by filing a civil lawsuit to the court by the agency responsible for the environment, the lawsuit filed on the basis of Legal Acts (PMH) as enshrined in Article 1365 of the Civil Code and the basis of the lawsuit Strict Liability (Strict Liability) as a model of legal liability that does not need to prove the existence of liability without fault as stipulated in Article 88 UUPPLH.
Pembuatan Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Pada Pengalihan Hutang Kredit Di PT. BRI Agro Cabang Pekanbaru Bayu Nofyandri Surbakti; Yulfasni Yulfasni; Syahrial Razak
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.1-12.2018

Abstract

The collateral is one of most important the elements in facilitating loan by a bank, no matter how other elements have been able to convince the bank against security and legal certainty in the credit repayment that. In practice, collateral factor is also important in the valuation of the credit value released, because the credit disbursed by the bank contains risks. Letter of authority to charge Mortgage (SKMHT)n is a power granted by the party to charge a person special authority to charge an object especially land with mortgage. Notary has the authority to make SKMHT for the lands throughout the territory of Indonesia, while Land Deed Making Officer (PPAT) may only make SKMHT for lands within its permitted territorial, especially in places where there is no Notary in charge. SKMHT formation other than by a Notary is also assigned to PPAT, because PPAT which its existence depend on the area where he permitted by regulation related to his function and duty on land affair. SKMHT basically does not contain other legal acts either in the form of selling, renting the object of mortgage right, as it is regulated in Article 15 paragraph (1) of the Mortgage Act. Therefore, it can be said that SKMHT is not a guarantee, but as an early effort for the debtor to provide confidence to the bank, that the debtor has good faith in the credit agreement by granting power to the bank to increase the position of land used for collateral to the Deed of Assignment Rights.
Studi Komparatif Komisi Penyiaran Indonesia dengan Beberapa Negara (Amerika Serikat, Afrika Selatan, Prancis, Malaysia dan Singapura) Fadli Zaini Dalimunthe
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.56-77.2019

Abstract

Indonesian Broadcasting Commission or Komisi Penyiaran Indonesia (KPI) is a state institution which is established in 2002 as the implementation of Law on Broadcasting in Indonesia. It has a long history in guarding broadcasting in Indonesia. The research is focused on two problems which are: How the concepts and regulations of the KPI and how the history of this commission in performing its function as the guardian of public right for good and healt broadcasting. This research is related to constitutional regulation and uses both Statute spproach and historical spproach. This article examines the history of KPI formation and compare with similar institutions in some other countries in the world such as United State, South Africa, France, Malaysia and Singapore. By doing a comparison study, it will be able to understand the differences and similarities in order to draw lessons from various countries.
Pemanfaatan Kebijakan Corporate Social Responsibility Sebagai Upaya Peningkatan Inclusive Business Perbankan Di Indonesia Hari Sutra Disemadi
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.1-12.2020

Abstract

The new paradigm in the banking business is a change in corporate goals from profit-oriented to stakeholder-oriented. Efforts to synergize the matter can bank do Corporate Social Responsibility or CSR. The implementation of CSR by banks is intended to develop the economy in increasing the quality of people's lives and the environment that involves community participation because the community is the party that feels the most impact obtained from the implementation of CSR. The research method used in this study is a normative legal research method with a statutory approach and conceptual approach. This study shows that the legality of implementing CSR for banks is contained in Law Number 25 of 2007 concerning Investment, Law Number 21 of 2008 concerning Sharia Banking and other regulations relating to CSR. The implementation of CSR by banks can benefit the banks themselves. For example, being able to create a "brand image" in the midst of a competitive market so that it will be able to create customer loyalty and build or maintain a business reputation, which in turn will increase the bank's Inclusive Business (IB).
Perbandingan Pertanggungjawaban Pidana Direksi Di Indonesia Dan Belanda Emiliya Febriyani
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.210-224.2021

Abstract

Directors are the most important organ in a company. But in practice, Directors often experience dilemmas in managing the company. On the one hand, Directors are required to make business decisions for the profit of the company. But on the other hand, if the loss causes a loss to the company, then the directors can be blamed and even held liable for criminal responsibility because it is deemed to have complied with the crime of corruption. That thing seems as if it has shown the gray area of law enforcement on directors' business decisions, which could be civil nature, but charged as criminal cases. For this reason, this paper compares the forms of criminal liability of Directors in Indonesia and the Netherlands. This paper uses a normative legal research method by using secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials relating to the comparison of criminal liability of Directors in Indonesia and the Netherlands which are analyzed using a comparative approach
Implementasi PP No 24 Tahun 2018 Tentang Pelayanan Perizinan Berusaha Terintegrasi Secara Elektronik Atau Online Single Submission Dalam Meningkatkan Investasi Di Sumatera Barat Upita Anggunsuri; shafira hijriya
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.171-183.2022

Abstract

Online Single Submission is a system developed by the government by reforming the administrative mechanism of business licensing services. The aim of this study is to find out the implementation of Government Regulation Number 24 Year 2018 concerning Electronic Business Licensing Services or Online Single Submission (OSS) fundamentally changing the permit issuance system from complicated to simple in West Sumatra. The method of research is empirical juridical. This research endeavours to answer the following questions : how to implement the Government Regulation Number 24 Year 2018 concerning Electronic Business Licensing Services to boost the investment in West Sumatra and what the obstacles faced in implementing Government Regulation Number 24 Year 2018 concerning Electronic Business Licensing Services to enhance the investment in West Sumatra and make the efforts to alleviate the issues. The result of this research shows that OSS has been implemented since 2018 in West Sumatra through the use of the OSS Version 1.0 application published by the Central Government. Furthermore, the implementation of OSS by the government of West Sumatra is also supported by the SIPSAKATO (SAKATO Licensing Information System) application related to addressing the essence of an integrated OSS system both at the Ministry level and the Regency or City levels. In practice, the implementation of OSS Version 1.0 had many weaknesses, thus the Government issued OSS version 1.1 to replace OSS Version 1.0. The use of the OSS Version 1.1 application is strengthened through the issuance of Government Regulation Number 5 Year 2021 concerning the Implementation of Risk-Based Business Licensing. The obstacles in the implementation of OSS in West Sumatra include the lack of understanding or education of the public regarding information on the licensing service process through OSS, as a result, it has logical consequences for the readiness of the government through related agencies on the importance of education and socialization to business actors due to the technical mechanism for digital licensing has an impact on the perception and readiness of business actors in implementing OSS. The availability of adequate human resources is expected to be able to provide the integrated education and socialization related to providing benefits, forming a positive perspective between agencies or institutions in communicating the role of OSS in economic growth. All stakeholders are expected to work together in supporting OSS system to improve the domestic and foreign investment in West Sumatera.
Public Participation In Legislation (Legal Comparation Studies In Indonesia, South Africa, And United State) Gusman, Delfina; Syofyan, Yunita
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.133-145.2023

Abstract

Community participation and the legal needs of the community are inherent in the process of forming laws. In fact, these two elements are manifestations and crystallizations of the ideal idea of ​​democracy. In a democracy, public participation is a condition sine qua non. Without public participation in the process of making laws, it will only result in authoritarian regulations and bias against the true meaning of democracy. So that it will result in the formation of laws that are not sourced from the soul and legal needs of the community (volkgeist). The method in this study uses legal research methods with a qualitative approach in the form of normative legal studies and (normative legal studies), where the type of research is descriptive analytical research. In addition, the approach used is a comparative approach (comparison), a historical approach, an institutional approach and a futuristic approach. Community participation in the formation of laws in Indonesia, South Africa and the United States has already started. Although public participation in law-making has some constraints such as slowdown in the legislative process and budgetary requirements, it brings more benefits to the government and society. However, the legitimacy of the process, the issue of justice, also creates better regulations and ultimately creates a stronger quality of democracy so that there is no doubt that public participation is an important part of the legislative process.
Peluang dan Tantangan Dari Pengaturan Indikasi Geografis di Indonesia Theodore, Olivia; Daulay, Zainul; Elvardi, Jean
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.158-181.2023

Abstract

Geographical Indication is the new black in the world of intellectual property because of their very high commercialization potential, although they have not received as much attention as other intellectual property rights. In Indonesia, the regulations for Geographical Indication have been updated through Law Number 20 of 2016 concerning Trademarks and Geographical Indication (UU 20/2016) to be more in line with the provisions in Trade-Related Aspects of Intellectual Property Rights . Through this arrangement, it is expected that Indonesia can maximize the monetization of Geographical Indication by taking advantage of opportunities and overcoming existing challenges to encourage regional and national economic revival. Therefore this study raises two problem formulations, namely: (1) How are Geographical Indication regulated in Indonesia?; and (2) What are the opportunities and challenges of managing Geographical Indication in Indonesia?. This is a normative research using statutory, historical, comparative, and conceptual approaches with several interviews with related parties to sharpen the problem analysis. The resulting findings indicate that regarding the regulation of Geographical Indication in Indonesia there are several opportunities that can be utilized by producers and the public in the regions, namely, registration of Geographical Indication other than Agricultural Products, use of the national logo of Geographical Indication, registration of Geographical Indication abroad, follow-up of violations of Geographical Indication. Apart from that, there are also several challenges, namely, the lack of understanding of the registration process of Geographical Indication, the use of the 'logo' in the registration of Geographical Indication, the term 'User of Geographical Indication' in Law 20/2016.
Distorsi Hukum Penggunaan Teknik Undercover Buy dalam Tindak Pidana Narkotika oleh Penyidik Kepolisian Republik Indonesia Annisa, Febrina; Gustaliza, Resma Bintani; Palupi, Dwi Astuti; Putri, Prima Resi; Rosra, Deswita
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.363-372.2023

Abstract

Drug crime is one of the proxy war weapons that can destroy a nation by targeting the younger generation. Indonesia is one of the countries with a high level of trafficking and Use of drugs. To tackle drug crime, the Indonesian government drafted the Law Number 35 of 2009 concerning Drugs. At first glance, the authority of investigations in the Drugs Law seems to be under the order of the National Narcototices Board of Indonesia (BNN) and the Police of the Republic of Indonesia (Polri). However, if we take a closer look, there are some problems in investigations, especially in Undercover Buy and Controlled Delivery techniques regulated in Article 75 Letter J of the Drugs Law. This problem can lead to legal distortion in investigating drug crime by the Polri because it can be categorized as procedural defects due to the law. Hence, this study aims to analyze the legal distortion of authority between BNN and Polri to investigate drug crime using undercover buying techniques. This study also analyses the statutory provisions that can provide legal certainty for both government institutions so that the authorities of Polri and BNN do not overlap. This study finds that only BBN investigators have the authority to use undercover buying and controlled delivery. Therefore, using the technique by the police investigator will cause legal distortion. If the police investigator needs to use the technique, there should be a legal basis. Therefore, there should be an amendment to the Narcotic law to provide the legal basis.
Bankruptcy Legal System Reform in Settlement of Debtors’ Debt According to the Bankruptcy law Basri, Herlina; Santiago, Faisal; Zuwanda, Rifka; Yusuf, Hudi; Samiyono, Sugeng
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.567-577.2024

Abstract

According to Law No. 37 of 2004, bankruptcy is the complete seizure of a bankrupt debtor's assets, with the curator managing and settling them under the watchful eye of a supervising judge. There are several conditions for a debtor to be declared bankrupt, including having two or more creditors and not being able to make payments of at least one debt that is due and collectible and can be at his request or the request of one or more creditors. This article discusses the principle of distributing the debtor's assets if a debtor is declared bankrupt. According to Bankruptcy Law Regarding creditor provisions, in bankruptcy, three creditors are guaranteed compensation; the first is a separatist creditor, namely the creditor holding a material guarantee, then the preferred creditor, who has the right to precede because of the nature of his receivables by law is given a special position, and the last is a concurrent creditor—specifically, creditors who do not fall under the categories of favored and separatist creditors. After Article 2 paragraph (1) is explained, it is determined that creditors are concurrent, separatist, and preferential. Separatist and preferred creditors can apply for a declaration of bankruptcy without losing collateral rights to their assets on the debtor's assets and their right to take precedence. The debtor’s assets will eventually be distributed by the portion of the amount of the creditor's credit. This bankruptcy principle means that the debtor's property is jointly guaranteed for all creditors divided according to the principle of balance or “Pari Pasu Prorata Parte”

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