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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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Penegakan Hukum Tanah Hamler Hamler
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.168-178.2018

Abstract

Tanah memiliki peran penting terhadap hajat hidup manusia dan kebutuhan ekonomis terhadap tanah yang berbanding terbalik dengan ketersediaan jumlah tanah (cendrung bersifat statis) menjadi salah satu faktor pemicu lonjakan angka sengketa, konflik dan perkara pertanahan yang terjadi di Indonesia. Alih fungsi lahan dapat sebagai pemdorang terjadinya sengketa diikuti perkembangan pembangunan perkebunan yang terus meningkat sehingga menyebabkan meningkatnya kebutuhan akan lahan. Hak komunal atas tanah masyarakat hukum adat perlu diberikan perlindungan hukum. Hak Komunal tersebut diatur dalam Peraturan Menteri Agraria/Tata Ruang dan Kepala BPN Nomor 10 Tahun 2016, dan khususnya termaktup dalam Pasal 16 ayat 1 h jo Pasal 53 UUPA, Bila terjadi sengketa hak atas tanah yang diberikan kepada subjek hukum dengan hak komunal masyarakat hukum adat maka hukum harus ditegakkan dalam penyelesaiannya dapat diselesaikan melalui Pengadilan (litigasi) lembaga yang mempunyai kewenangan untuk menyelesaikan sengketa dan penyelesaian sengketa non litigasi atau penyelesaian sengketa alternative (alternative disputes resolution). Alternatif penyelesaian sengketa berupa win-win solusen yang dapat memberikan kemamfaatan bersama. Kata Kunci : tanah, hak komunal, sengketa, masyarakat hukum adat.
Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit Hamdan Siregar
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.175-182.2019

Abstract

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises
Pengawasan Dewan Perwakilan Rakyat Papua Terhadap Keputusan Gubernur Provinsi Papua Tentang Upah Minimum Propinsi 2018 Bayu Satria Muis Ali Patong; Aminuddin Ilmar; Muhammad Yunus Wahid
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.45-55.2020

Abstract

This research is normative legal research. The approach used in this study uses a statutory approach and a conceptual approach. This research was carried out in the Province of Papua by taking locations in the offices of the People's Representative Council (DPR) of the Province of Papua and the Government Office of the Province of Papua. The results showed that the response of aspirations or complaints from the public was conveyed to members of the Papua Parliament in many forms. Both aspirations are conveyed verbally (dialogue) the delivery of aspirations in public by voicing their demands and the aspirations delivered in written form (official). Aspirations in writing should be addressed to the Chairperson of the Papuan Parliament through the Council Secretary in writing. Supervision that has been carried out by the Papua Province Parliament for the 2014-2019 period is the absorption of aspirations that does not represent all workers /laborers in Papua Province. There are members of the Papua Parliament who are less able to make optimal use of the work meeting supervision activities. The average of the attendance of Papuan DPR members at parliament hearings only 40 at the most of the 69 Papuan DPR members present. Likewise, working visit activities that rarely all members of the commission are present at work visits or there must be some who are absent. The lack of active members of the Papua Parliament in the form of supervision that has been carried out will certainly affect the supervisory performance of the Papua Parliament. The steps of the Provincial Government of Papua to hold discussions with worker/labor representatives to find the best solution is the best way is to revise the amount of the 2018 Provincial Minimum Wage (UMP) to Rp. 3,000,000. However, this value still doesn’t meet the formulation, that is 9.93% of 8.71% decided by decree of Labor Minister
Strategi Merger Dalam Meningkakan Stabilitas Ekonomi Di Masa Pandemi Covid-19 Upita Anggunsuri; Shafira Hijriya
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.142-153.2021

Abstract

The government issued several regulations to stimulate the economy that have worsened due to the Covid-19 pandemic. The issuance of Regulation of the Financial Services Authority No. 18/2020 on Written Directives for the Handling of Distressed Banks, so Financial Services Authority has authority to give written directives to financial services institution to do merger, consolidation, acquisition, integration, and conversion. This research aims to analyze the legal implications of the issuance of Regulation of the Financial Services Authority No. 18/2020 on Written Orders for Handling of Distressed Banks, which resulted in monopolistic practices and unfair competition. It is contrary to Law No. 5/1999. This research endeavors to answer the following questions: how the merger strategy to increase economic stability during the Covid-19 Pandemic and the obstacles faced implementing the merger to increase economic stability during the Covid-19 Pandemic, and the efforts that can be made to overcome it. The research method used is juridical normative. The study concludes that the relevant merger strategy approaches to be applied by banks during the pandemic are Horizontal Mergers and Market Extension Merger. The second approach to the merger strategy can be a consideration for banks to implement Regulation of the Financial Services Authority No. 18/2020. The obstacles faced to implement the merger are the Bank's unreadiness in responding to Regulation of the Financial Services Authority No. 18/2020 because the complicated merger process does consider the tangible assets of the banking system and aspects intangible assets. Then, the overlap of several Regulations with the issuance of Regulation of the Financial Services Authority No 18/2020 (the overlap Regulation of the Financial Services Authority No 18/2020 on Written Orders for Handling of Distressed Banks with Law No. 5/1999 on Prohibition of Monopolistic Practices and Unfair Business Competition and Government Regulation No. 57/2010 on Merger or Consolidation of Business Entities and Acquisition of Shares which May Result in monopolistic Practices and Unfair Business Competition). It can have an impact on monopolistic practices and unfair business competition.
Gugatan Keperdataan Oleh Jaksa Pengacara Negara Sebagai Upaya Pengembalian Kerugian Keuangan Negara Karena Korupsi Iwan Kurniawan; Riki Afrizal
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.103-115.2021

Abstract

Stollen assets recovery is one of the main purpose of eradicating corruption policy in Indonesia. Private lawsuit is one of the mechanisms that can be used to achieve this purpose. This mechanism has been regulated in Law Number. 31 of 1999 as amended by Law Number. 20 of 2001 Concerning the Eradication of Crimes of Corruption. This article analyses the extent to which private lawsuits mechanism in that Law can normatively accommodate the efforts to recover state financial losses due to corruption and the problems faced by State Attorneys in implementing these rules. This study uses both normative and empirical legal research methods. Primary data in this research was carried out by purposive sampling method in several District Attorney offices in West Sumatra. From what has been done, it can be said that the rules regarding private lawsuits in Law no. 31 of 1999 and Law No. 20 of 2001 concerning The Eradication of Crime of Corruption has opened a fairly flexible space for state attorneys to submit private action to recover state financial losses. However, the space provided by these laws and regulations has not been fully utilized by the Attorney General's Office, especially the District Attorney's Office in West Sumatra. There are several problems, both juridical and non-juridical in nature, such as: the problem of proof in the civil case, the misunderstanding of the attorney officer about the rules of private lawsuits in that Law, the problem of tracking assets, and the problem concerning the benefits or profits. In fact, the profits obtained from this private lawsuit do not have a significant impact on efforts to recover state losses.
Policy Implementation Process and its Component on Tax Crime Investigation Boundary to Promote an Optimal Tax Revenue: A Literature Review Chessa Ario Jani Purnomo; Gunadi Gunadi
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.72-85.2023

Abstract

Implementation of the policy to terminate a crime investigations in tax offenses through an administrative mechanisme is emphasizing the governance: responsibility for decision-making, accountability, supervision, and cooperation among domestic institutions. The research methodology employed in this article is a literature review. This article presents research data in the form of studies of policy implementation and authoritative documents such as laws and regulations, court decisions, and strategic plans of the tax authorities about tax criminal investigations. This article argues that several components must be considered in the policy implementation process associated with the mechanism for terminating tax criminal investigations, namely context, policy focus lens, innovation, levers of influence, facilitator or inhibitor, impact, policy actor, or leader of policy implementation. The results of this article's literature review indicate that the implementation of the policy of ending tax criminal investigations necessitates renewal of tax policy (PMK Number 55/PMK.03/2016) to support optimal tax revenue, including arrangements for working relations between the Ministry of Finance of the Republic of Indonesia and the Attorney General of the Republic of Indonesia, regulations delegating decision-making authority, and standard services at the request of tax authorities.
Pengaturan Hukum Pidana Adat dalam KUHP Baru dari Perspektif Asas Legalitas Chandra, Yonatan Iskandar; Danil, Elwi; Zurnetti, Aria
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.93-106.2023

Abstract

The discussion on Adat Criminal Law has returned to attention after promulgating the National Criminal Code. This is because the provisions regarding Adat Criminal Law are unknown and are not contained in the Criminal Code, which was previously in effect in Indonesia. The regulation of Adat Criminal Law in the form of positive law resulted in a change in the form of Adat Criminal Law itself, which was previously unwritten law to become written law. The change in form is also related to the Legality Principle, which is still maintained in the National Criminal Code. Based on this, it can be stated that the formulation of the problem in this study: (1) How is the concept of Adat criminal law regulation in the National Criminal Code? (2) What is the relationship between the nature of the Adat Criminal Law as unwritten law and its provisions in the National Criminal Code?; and (3) How is the regulation of Adat Criminal Law in the National Criminal Code according to the perspective of the Legality Principle? The method used in this research is normative legal research with statutory and conceptual approaches. The nature of the exploratory research uses primary, secondary, and tertiary legal sources. Based on the results of the study, it can be concluded that regulations regarding Adat Criminal Law in the National Criminal Code are as stipulated in Article 2 of the National Criminal Code, where Adat Crimes are laws that live in society in the form of unwritten law, and are still valid and developing in people's lives in Indonesia. However, the regulation of Adat Criminal Law in the National Criminal Code will cause problems when viewed from the perspective of the Legality Principle. The formulation that the Adat Criminal Law should be legalized through local law contradicts the essence of Adat Law itself and is the legality principle.
Criminal Law Policy in the Harmonization of Tax Regulations: Its Implications for State Income from the Tax Sector Yoserwan, Yoserwan; Arma, Diana
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.304-316.2023

Abstract

Criminal acts in the field of taxation are a form of crime that is very detrimental to the state because they hinder state income from the tax sector. Taxes are the primary source of state income, which is then used for state management and in implementing development to improve community welfare. One effort to minimize criminal acts is to create regulations that become the basis for law enforcement for tax obligations. Overcoming criminal acts requires a criminal law policy that supports law enforcement. Criminal law outlines criminal policy, either substantive or procedural criminal law. The formulation of criminal law policy in tax laws is in line with the formation of tax law through the tax reform policy, which began in 1986 through the formation of several laws in the field of taxation. Finally, the Law Number 7 of 2021 concerning the Harmonization of Tax Regulations continues the policy. With the implementation of the Law on Harmonization of Tax Regulations, there needs to be a more in-depth study of tax criminal policies in this law towards optimizing state revenues from the tax sector. The research was conducted using normative legal research methods and supported by primary data. The approach used is a statutory approach, namely by analyzing various related laws in studying legal synchronization both vertically and horizontally and using legal theories. The research finds that criminal law policy in the Law on Harmonization of Tax Regulations applies more non-penal than penal policy. Non-penal prioritizes administrative settlement rather than criminal law settlement. The administrative settlement will enable more income through administrative fines. However, this approach does not fully support optimizing state revenues from the tax sector in the long run because this policy would not support taxpayer compliance.
Implikasi Undang – Undang Nomor 1 Tahun 2022 Terhadap Keberadaan Pajak Daerah Sebagai Sumber PAD Kabupaten/Kota di Provinsi Sumatera Barat Fithrina, Hendria; Gusminarti, Gusminarti; Darnis, Darnis; Kurniawan, Fajri
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.506-515.2024

Abstract

The implications of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, are improvements to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. In Law Number 1 of 2022, there are changes to the components of regional tax types in districts/cities in Indonesia, one of the aims of which is to increase the regional PAD. The seriousness of the Regency/City Government in implementing the regulations in this Law will be very beneficial for regional income from the tax sector. For this reason, research was carried out on the following problems: First, what is the regional government's view of the implications of Law Number 1 of 2022 in West Sumatra? Second, how is the implementation of Law Number 1 of 2022 regarding the existence of Regional Taxes in West Sumatra? Third, what are the obstacles faced and the solutions implemented in implementing Law Number 1 of 2022 in West Sumatra? To answer the research focus, this research uses empirical juridical research methods with research specifications from the West Sumatra Bapenda, Padang City Government Bapenda and West Pasaman Regency Bapenda, and is analyzed through literature review and data analysis methods using qualitative-juridical. A number of stages must be carried out by the government, such as completing the drafting of implementing Regional Regulations as intended in the a quo statutory regulations, conducting regional potential studies with consultants to determine the potential for regional tax revenue in the Regency/City, then carrying out socialization to the community as mandatory taxes, as well as technical guidance to tax collector employees within the Regional Government Organization (OPD) in order to maximize the potential of regional wealth in Regencies/Cities in West
Analisis Komparatif: Keabsahan Kesaksian Seseorang Melalui CCTV dalam Pembuktian Kasus Perzinahan Menurut Fikih As-Syafi'i dan Fikih Az-Zhahiri Mauliza, Siti; Mahmud, Muhammad
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.29-38.2024

Abstract

This study aims to analyze the validity of testimonies through CCTV in adultery cases according to As-Syafi'i and Az-Zhahiri jurisprudence. The research employs a comparative analysis method, examining primary sources from both schools of thought. The study investigates the fundamental requirements for witness testimony in adultery cases and how these requirements apply to CCTV evidence. The research findings reveal a significant divergence between the two jurisprudential perspectives. As-Syafi'i jurisprudence strictly requires direct eyewitness testimony, thus rejecting CCTV evidence as valid testimony in adultery cases. Conversely, Az-Zhahiri jurisprudence adopts a more flexible approach, potentially accepting CCTV evidence under specific conditions based on their acceptance of blind witnesses' testimonies. This study concludes that while As-Syafi'i jurisprudence maintains a conservative stance on admissible evidence in adultery cases, Az-Zhahiri jurisprudence demonstrates greater adaptability to technological advancements in evidence gathering. These findings have significant implications for applying Islamic law in contemporary contexts, particularly regarding the use of modern technology in legal proceedings.

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