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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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Keabsahan Perjanjian dengan Klausul Baku Tessa Kurniawan
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.217-227.2018

Abstract

The application of standard contract, as at the beginning of its establishment has been creating a controversy related to its existence as well as its legal standardized contract. Indonesian Civil Code (KUHP perdata) does not specifically regulate the standard. The research is focused on two problems which are; the legality of agreement using standard clause and the absence of freedom of contract principle. This research is a normative research that is referred to the constitutional regulation and jurisprudence using legal material both primary and secondary. The legal material is compiled through literacy study which is qualitatively analyzed. This research has concluded; first, the agreement contains of standard clause is no longer being mattered whether it is legal or illegal agreement. However, the more important point is the rationality of the standardized clause substance. Second, normatively, there is no legal effect as the result of the absence of freedom of contract principle in the agreement.
Balik Nama Sertipikat Hak Milik (SHM) Berdasarkan Pengikatan Jual Beli Yang Penjualnya Meninggal Dunia Di Sumatera Barat Fatrianita Tambunan; Kurnia Warman; Syofiarti Syofiarti
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.42-60.2018

Abstract

The basic concept of land buying and selling is clearance and cash. If this concept cannot be fulfilled, it does not mean that the transactions cannot be carried out. In this situation, notary may use another instrument that is by making Commitment of Sale and Purchase Agreement (PJB). The Commitment can be made through the Commitment of PJB which is not fully paid and the agreement of the Commitment of PJB full payment. In the case the seller with the authority to sell, passed away before the signing of Commitment, the problems will arise. The first how is the process of completion of The Commitment of PJB? The second, how is the law protection on the buyer in the process of title transfer of the certificate of ownership based on The Commitment of PJB.? The third how is the title transfer of the certificate of property rights based on The Commitment of PJB? The results showed that the process of completion of the sale and purchase of land through The Commitment of PJB in which the seller passed away is carried out by tracking down the heirs, the protection of law against buyers in the process of title transfer of property certificates is done by filing a court suit to obtain a court decision. The process of title transfer of the property certificate in The Commitment of PJB agreement in can be executed by tracking down the heirs and / or by court decision
Pemberian Insentif Pajak Penghasilan di Bidang Penanaman Modal dalam Perspektif Teori Hukum Batara Mulia Hasibuan
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.104-119.2019

Abstract

Tax has an important role in the governance of the state, including Indonesia which relies on tax revenues, to accelerate the creation of public welfare and the achievement of state objectives, as stated in the Preamble of the 1945 Constitution. Article 23 A The 1945 Constitution clearly determines taxes and other levies are regulated by law. The very foundation of this constitution must be interpreted legally that tax collection must be based on sound legal principles. The principle of the tax law must be based on fairness and equity in carrying the tax burden in accordance with the ability of the people. To increas the collecting of tax, the government applies policy such as through the provision of tax incentive facilities. This tax incentive is expected to be a concern for investors to make investments in Indonesia. The provision of tax incentive facilities in the context of investment needs to be reviewed in the perspective of legal theory, especially in terms of justice and its usefulness in the development of investment and the achievement of people's welfare. The method in this study uses the normative juridical method, using the statutory approach. The provision of income tax incentives in the investment sector is an embodiment of investment facilities, which is one of the factors that influence the growth and interest of foreign investors in investment in Indonesia. In the perspective of legal theory, the provision of this income tax incentive, which is regulated in the law, both the Income Tax Act and the Investment Act, which was formed by the authorized body for that, especially from the theory of utilitarianism and positive legal order must be guided by hierarchically in grundnorm (basic norm).
Efektivitas Hukum Pidana dalam Melindungi Perempuan Korban Kekerasan Seksual di Era Sekarang dan Mendatang Yazid Bustomi
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.79-91.2020

Abstract

The aim of this study is to analyse how the effectiveness of criminal law regulations in protecting women victim of sexual violence. The method used in this research is the statue approach and conceptual approach. This research was conducted by collecting primary and secondary legal materials, in order to obtain a critical study of the legal issues that surround the community. The results of this study state that the existing criminal law regulations, Penal Code of Indonesia and Code of Criminal Procedure (KUHP and KUHAP) and future criminal law regulations (RKUHP and RUU PKS) are less effective. This research found about the ambiguity of the definition and meaning of the acts that are regulated is not very broad, so that it has the potential to cause a gap for the perpetrators to commit crimes and the perpetrators will escape the bondage of criminal law. So, the renewal of regulations needs to be done to guarantee and protect women's rights by taking into account all possibilities of types of crimes and new modes that will be committed in the future.
Pola Pengelolaan Kekayaan Nagari Dan Pemberdayaan Masyarakat Dalam Peningkatan Kesejahteraan Lerri Pattra
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.59-68.2021

Abstract

One of the objectives of a state is stated in the fourth paragraph of the preamble to the 1945 Constitution, namely for the welfare of the community. After the enactment of the Regional Government Law, regional governments were given the authority to regulate and manage their own regional government affairs. The existence of nagari as a legal community unit in the Unitary State of the Republic of Indonesia has a constitutional basis in Article 18 B paragraph (2) of the 1945 Constitution, the article states "The state recognizes and respects the unity of customary law communities and their traditional rights ...". Before the amendment of the 1945 Constitution, Nagari was recognized as an area with original and special rights. Nagari as the lowest government unit that directly deals with the people in West Sumatra, in its development, is required to be able to empower and provide increased welfare for its people. An important aspect of Nagari autonomy is the authority to regulate (regularend) the household in the form of a legal product known as Nagari Regulation. With the existence of rules, the second aspect of autonomy will be implemented, namely the aspect of managing (besturen). Aspects of regulating according to the authority of the Nagari stipulated in the Nagari Government Law (a) authority based on rights of origin, (b) Village-scale local authority; (c) authority assigned by the Government, Provincial Government, or Regency / Regional Government City; and other authorities assigned by the Government, Provincial Government, or Regency / City Regional Government in accordance with the provisions of statutory regulations. Good management of village wealth and community empowerment will be able to improve community welfare, according to the aspirations of the Indonesian nation
Copyright Protection of Song in the form of Barcode in Spotify Application for Commercial Purposes Inge Dwisvimiar; Fasya Mardhatillah Adani; Anne Gunawati
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.12-24.2022

Abstract

The current development in digitalization has facilitated better human life, including enjoying the work of art, especially songs. One of the development is the Spotify application service. The application has made it easier to enjoy of work of song. Even though the song and music works have been protected in the Copywrite Law, the development has also caused the rise of copywriting violations. This article explores the legal protection for the Spotify application for song copyrighted works in the form of a barcode on the Spotify application for commercial purposes and the legal settlement regarding song copyrighted works in the form of a barcode on the Spotify application for commercial purposes. The research applied normative legal research with the statute, conceptual, and case study approach. The data collected are secondary data and primary which collected from library studies and field studies and analyzed descriptively and qualitatively. The study concludes that in practice legal protection in song and/or music copyrighted works can not be claimed and can not be protected because there is no recording of the results modified into acrylic products. Royalties can not be paid to creators and/or copyright holders though the infringement has been done and it has violated both moral rights and economic rights. Legal settlements cannot be completed through Article 95 of the Copyrights Law because there has been no official report by the aggrieved party, namely the creator and copyright holder, to the Spotify application.
Perlindungan Hukum Terhadap Anak Luar Nikah (Analisis: Undang Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak) Umroh, Sri Fatimah; Azizah, Noor
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.29-38.2023

Abstract

Dengan menggunakan pemeriksaan UU No 35 Th 2014, analisis ini bermaksud untuk memberi perhatian pada pentingnya keamanan hukum bagi yang lahir di luar perkawinan. UU No 35 Tahun 2014 mengenai Keamanan Anak menjadi dorongan analisis ini, yaitu Pasal 1 angka (1). (2). Maksud dari analisis ini yaitu untuk menganalisis dan memperdebatkan perlindungan legislatif saat ini untuk anak-anak dari orang tua tunggal. Penelitian ini mengkaji pentingnya keamanan hukum kepada anak di bawah batas usia yang mengerjakan perzinahan dengan menggunakan analisis deskriptif kualitatif UU No 35 Tahun 2014 mengenai Keamanan Anak. Maksud analisis ini yaitu untuk mengkaji materi yang ada tentang UU Pelayanan Keamanan Anak (No. 35 Thn 2014). Fokus dari analisis ini adalah bagaimana hukum memperlakukan anak-anak dari orang tua yang belum menikah. Dalam penelitian ini, informasi dikumpulkan melalui membaca dan merekam informasi dari buku, jurnal web online, dan artikel berita online. Metode deskriptif digunakan untuk menganalisis data untuk penyelidikan ini. Pertama, menurut temuan penelitian, hak-hak sipil anak-anak dari orang tua yang belum menikah sepenuhnya dilindungi oleh UU Perlindungan Anak sebab anak-anak tersebut dianggap dilahirkan dalam keadaan fitrah, mempunyai keterkaitan sipil dengan ibu mereka dan / atau keluarganya, dan mempunyai laki-laki sebagai ayah mereka. Pemerintah memiliki tanggung jawab untuk melindungi semua anak, sejak mereka berada di dalam rahim (sebagai janin) sampai mereka mencapai usia delapan belas tahun (sebagaimana didefinisikan oleh UU Perlindungan Anak), dan ini termasuk anak-anak yang tidak mempunyai keterkaitan darah dengan orang tua mereka. Mereka juga berhak atas identitas (kepastian hukum) berupa nama (Extramarital Children).
Konsep Pengaturan Saksi Mahkota dalam Proses Peradilan: Suatu Perbandingan dalam Hukum Acara Pidana Indonesia dan Belanda Danusubroto, Alexia Sonia; Nelson, Febby Mutiara
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.241-252.2023

Abstract

Crown witnesses are witnesses who come from or are taken from one of the suspects or other defendants who jointly commit a criminal offence. In its application in criminal justice in Indonesia, the existence of crown witnesses is still a matter of debate between one another. This paper discusses the concept of crown witnesses in Indonesian criminal justice with perpetrator witnesses or better known as crown witnesses in Dutch criminal justice using the comparative law method. The similarities and differences that exist between the two legal systems are not intended to determine which legal system is better than the other, but are intended as a method to understand how the legal system in another country, namely the Netherlands. The results of the research show that crown witnesses and perpetrator witnesses generally have the same concept as each other, the regulation of crown witnesses is contained in SEMA Number 4 of 2011 which describes the determination of justice collaborators who are in the position of suspects not as the main perpetrators and the need for participation in the criminal act they are charged with. As for the regulation in the Netherlands, it is contained in the Dutch Criminal Code Procedure which is regulated in the terms crown witness and undertaking witness. There are several differences such as the determination of testimony by the prosecutor, the existence of an agreement before giving testimony in Dutch criminal justice, and the possibility of refusal to testify in Dutch criminal justice.
Kearifan Mediator Dalam Penyelesaian Perkara Pemutusan Hubungan Kerja (PHK) Secara Mediasi Di Masa Pandemi Yetniwati, Yetniwati; Muskibah, Muskibah; Harahap, Rahayu Refindowaty
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.440-454.2024

Abstract

The objectives of this research are to: Establish the very concept of risks due to the pandemi in employment relation; establish the wisdom of mediator concept in the settlement of employment termination during pandemi; corroborate the legal principles by means of mediation in the settlement of employment termination during pandemi; to devise strategies for mediator in settling employment termination disputes during pandemi. The completion of this research has been carried out by using juridical normative method, in conjunction with the statutory approach, conceptual approach and case approach. This research discovered that: A wise mediator needs to comprehend the concept of risks arisen from pandemi which consisted of three type of risk: heavy risk, moderate risk, and small risk. Each risk carries different legal implications. The concept of the wisdom of mediator is that there is a third party who is neutral, honest, fair, understands the matter at issue, and is responsible. The mediator must understand the legal principles of mediation which are: the procedure can be done online or offline, the mediator is a neutral party, active, deliberates to reach a consensus, provides recommendation to the party. The recommendations given must be registered to the court. The mediator’s strategy in settling the employment termination disputes is: by preventing the layoffs or termination from occurring; if preventing termination is not successful, recommendations for the termination can be provided. Recommendations for the layoffs or termination can be given after: data collecting procedure related to the case, bargaining process of the parties, formulation of the results of the agreement; submission of the recommendation to the parties.In conclusion: wise mediators should try to avoid layoffs, if layoffs cannot be avoided, they should provide solutions to provide rights and obligations in a balanced manner by taking into account the economic conditions of employers.
Sandbox Sebagai Instrument Hukum Terhadap Perkembangan Inovasi Teknologi Sektor Keuangan Di Indonesia Anggunsuri, Upita
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.639-648.2024

Abstract

This research aims to analyze the sandbox as a legal instrument for development of financial sector technology innovation in Indonesia. This research endeavors to answer the following questions what is the mechanism of sandbox as a legal instrument for development of financial sector technology innovation in Indonesia, and What are the challenges of Sandbox as a legal instrument for development of financial sector technology innovation in Indonesia. The research method is Normative juridical. The research concludes the stipulation of OJK Regulation Number 3/2024 On The implementation Of Financial Sector Technology Innovation (ITSK) have several changes namely the scope of the financial sector technology innovation not only digital ecosystem but also conventional financial services institutions, the sharia financial services sector, the legal protection and legal certainty for consumers, asset crypto etc (Artikel 1).The determination of the result feasibility sandbox trial has an impact to create participants' perceptions of the feasibility model standards that appropriate to the innovation criteria according to the OJK. The criteria is a form of OJK recognition of the innovation criteria that must be carried out participant sandbox. This condition certainly provides clarification to other participants related to the innovation criteria implemented by the OJK as stated in SEOJK No. 5 of 2024. Furthermore, the ability of government to formulate sandbox legal instruments should be supported by the availability of competent and competitive human resources related to developing digital financial economy products, services and business models that appropriate to face the challenges and market needs of the financial services sector in Indonesia

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