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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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Kebijakan Afirmatif Pengadaan Barang/Jasa Pemerintah Di Wilayah Papua Ditinjau Dari Hierarki Peraturan Perundang-Undangan Yudha, Unggul Hangga; Warman, Kurnia; Andora, Hengki
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.214-223.2024

Abstract

The affirmative policy allowing the State to do more to the unrepresented group within the framework of equality and justice is enshrined in Article 28 H (2) of the Constitution of the Republic of Indonesia of 1945 which states that everyone is entitled to special facilities and treatment for equal opportunities and benefits in order to equity and justice. In the government procurement through providers, the Papua Special Autonomy Act forms the basis for the affirmative policy to be established. The study aims to analyze the existence of affirmative policy of government procurement through providers and to examine the content of the article according to the hierarchy of the regulations. The study uses a normative and descriptive approach, legal research to describe and test applicable norms or provisions. Research results: First: the affirmative policy of government procurement through providers requires the existence of the participation of papuan economic operator directly in government procurements through providers in the territory of Papua, where the criteria of Papuan economic operator have also been set out in the regulations. Secondly, in the content of Article 2 of the Papua Governor Regulation Number 46 of 2021 on Government Procurement in Papua Province, it is explained that the scope of application of the governor's regulation includes the government procurement financed by the State Budget Funds. This is contrary to the content of article 4 Paragraph (1) letter a of the Regulation of the Minister of Public Works and Housing No. 1 of 2023 on the Guidelines for the Supervision of the Maintenance of Construction Services Implemented by the Provincial Government, the District, and the City which explains that the authority of the local government of the provinces, the districts and the towns in supervising the maintenance of the construction services, including the process of government procurement, is limited only to the activities of construction financed with the Regional Budget Funds.
Tanggung Jawab Hukum Penyedia Jasa Apabila Terjadi Kecelakaan Kerja pada Pekerjaan Konstruksi Mahardhika, Guruh; Khairani, Khairani; Hasbi, 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.153-161.2024

Abstract

The recent increase in the number of construction accidents, whether caused by process errors or circumstances beyond human control, leaves problems related to the quality and responsibility of providers and users. Aspects of the responsibility of Service Providers need to be emphasized and the regulations must provide guarantees of legal certainty. This thesis focuses on a implementations of RKK Documents created by Service Providers when bidding for construction work. Problems in the research include how to implement and monitor the RKK Document on works of “Penanganan Lereng Ruas Tambu-Tompe-Pantoloan” and what is the form of the Service Provider's legal responsibility if a construction accident occurs. The research sample is works of “Penanganan Lereng Ruas Tambu-Tompe-Pantoloan”, the project which is carried out by PT. Anugerah Karya Agra Sentosa. The party that is the service user for this project is BPJN Sulteng Ministry of PUPR. The method used in this research is juridical-empirical, which focuses on collecting empirical data in the field. The theories used in this research are the theory of legal certainty, the theory of legal awareness, and the theory of legal effectiveness. The data used in this research are primary data and secondary data. Primary data comes from interviews with several parties, including the Directorate of Construction Sustainability of the Ministry of PUPR and Commitment Making Officials (PPK). Meanwhile, secondary legal material in this research includes regulations related to K4 and SMKK standards, the main ones are the 1945 Constitution, Law Number 2 of 2017 concerning Construction Services, and PUPR Ministerial Regulation Number 10 of 2021 concerning Guidelines for Construction Safety Management Systems . The research results show that in the application of the RKK document to the work on handling the slopes of the Tambu-Tompe-Pantoloan section, there are several discrepancies. Firstly, the Service Provider was proven to have used substitute workers who did not have competence in the form of a Work Competency Certificate, which caused construction accidents. Second, the Service Provider does not comply with Standard Operating Procedures when replacing Occupational Safety Experts.
Quantitative Easing Policy Towards The National Revenue And Expediture Budget (APBN) In Crisis Period By The Central Bank Dewantara, Reka; Pandansari, Rekyan
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.90-102.2024

Abstract

After the abolition of the Emergency Financing Facility (FPD) by the 2016 Financial System Crisis Prevention and Management Law (PPKSK Law), there are potential problems that may arise if a bank applies for a Short-Term Liquidity Loan (PLJP) but in the process is unable to meet the requirements as stipulated in the Bank of Indonesia Regulation (PBI) on Short-Term Liquidity Loans (PLJP), or the Short-Term Liquidity Loan (PLJP) provided later fails to resolve the liquidity problems of the bank. The purpose of this article is to analyze the theoretical underpinnings of emergency liquidity assistance that have actually been covered in the previous Emergency Financing Facility (FPD) arrangement. The research method used is a normative juridical research (doctrinal research) type with an analytical approach and statutory approach. The results show that In crisis conditions, the government will need funding for the state budget at a low-interest rate, because if it has to seek from investors, the desired interest will be high and cannot be a solution in times of crisis. So it can be said that the financing needs of the state in times of crisis require BI because fiscal costs become cheaper, compared to having to seek from investors who ask for high returns. This funding model has been implemented in several developed countries with the term known as quantitative easing. With the open space for BI to carry out burden sharing in times of crisis continuously, it can trigger integrity risk or moral hazard.
Asuransi bagi Akun Game Online untuk Risiko Peretasan Rahardjo, Clivio; Prasetyo, Abigail
Nagari Law Review Vol 8 No 2 (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.2.p.285-297.2024

Abstract

Online games are a type of entertainment that is the result of technological developments that occur in this era of globalization. Indonesia is a country with a very large number of active internet users. Most of the active internet users in Indonesia are online game players. Online games are categorized as a digital asset because players can collect various virtual items. Also, the high level and how high the rank that has been achieved in a game account has its own economic value in the eyes of the players. That makes an online game account has its own economic value and is an asset that must be maintained. An online game account owner is also not immune to the risk of losing their account. One of the unavoidable risks is losing an online game account due to hacker attacks. Hackers can hack into a person's online gaming account and take ownership of it. The risk of hacking is a threat that is not expected to happen. By holding online game account insurance from the threat of hacking, it can divert the risk of online game account owners who are exposed to hacker attacks.
Analisis Pandangan Hakim Pengadilan Agama Tentang Hak Intervensi Anak dalam Proses Perceraian Orang Tuanya Manurung, Farhan; Syahputra, Akmaludin
Nagari Law Review Vol 8 No 2 (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.2.p.224-233.2024

Abstract

Parental divorce has the potential to affect children's rights, development and future stability. Children have curiosity and the right to a say in the division of family assets, yet their participation in divorce proceedings remains a challenge in the absence of a specific legal framework. This study aims to explore the views of Religious Court judges on children's intervention rights in parental divorce and ensure legal protection of these rights. The methodology used is a combination of qualitative legal analysis and empirical normative legal research. Primary data was obtained through interviews, while secondary data was collected through literature review. The results showed that there is no written regulation that explicitly regulates children's intervention rights in divorce proceedings. However, based on interviews with Religious Court judges, children who wish to provide testimony during divorce proceedings are allowed and legally recognized, as there are no prohibiting rules. This can be taken into consideration by the judge in deciding the case. However, to date there is no permanent framework, and implementation of children's intervention rights in Religious Court litigation procedures is minimal. Given that children are the most affected by divorce, it is important to establish a legal framework that protects their intervention rights to ensure children's needs and best interests are met.
Keabsahan Kontrak Kerja Konstruksi Yang Tidak Mencantumkan Klausul Pilihan Penyelesaian Sengketa Konstruksi Zakaria, Iqbal; Danil, Elwi; Yuslim, Yuslim
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.162-171.2024

Abstract

The term "contract" in the construction services sector is known as a construction work contract. A construction work contract are included the category of innominate or unnamed contracts because it emerged and developed without specific regulation in the Indonesian Civil Code (Burgerlijk wetboek). Construction work contracts are specifically regulated under Law Number 2 of 2017 concerning Construction Services. According to Article 47, paragraph (1) of the Construction Services Law, one of the clauses that must be included in a construction work contract is the choice of dispute resolution for construction disputes. Furthermore, in the attachment to the Model Document Selection Regulation National Public Procurement Agency Number 12 of 2021, there are also provisions regarding the choice of dispute resolution clause in the general terms of contract and special terms of contract sections. The general terms of contract and special terms of contract are integral parts of a construction work contract, even though they are structurally separated into two different sections. However, in practice, there are still construction work contracts that do not include this clause. This study aims to analyze the validity of construction work contracts that do not include the choice of dispute resolution clause. The research method used is normative. The results of the study indicate that the presence of a construction dispute resolution choice clause is included as an element of naturalia. The naturalia element is an element in a contract/agreement that is still considered to exist and does not render the agreement invalid or non-binding on the parties who made it. If the choice of dispute resolution clause is not included in a construction work contract, it does not automatically render the contract invalid. The contract will remain valid as long as it meets the general requirements for the validity of a contract as stipulated in Article 1320 of the Indonesian Civil Code. However, it is important for parties involved in a construction work contract to include this clause because its presence can provide clarity and legal certainty in the execution of the construction work contract.
Construction Contracts Without Deeds of Consolidation and Customary Land Compensation: Case Study Padang Sicincin Toll Project Rahman, Fadhil; Azheri, Busyra; Fendri, Azmi
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.103-114.2024

Abstract

The padang-sicincin toll road construction project in Indonesia aims to accelerate infrastructure development and improve regional connectivity in Sumatra. However, the project faces legal and social obstacles, particularly in land acquisition for the public interest on customary land. Customary land, owned by specific communities, often leads to conflicts due to differences in property rights and compensation. The land acquisition process can hamper project implementation and harm indigenous people. This study uses an empirical juridical approach, analyzing primary data from interviews, field situation data, and relevant laws and regulations. The research concludes that there is a need to improve the rules and stages of land acquisition related to customary law community areas and the maturation of national development program planning. Additionally, improved regulations and applications related to land acquisition must be completed before a construction work contract is made. This research can contribute to developing construction law and protecting customary land rights in Indonesia.
Implementasi Perkawinan Beda Agama Terhadap Suami Isteri yang Berbeda Keyakinan Sarah, Putri; Sulastri, Sulastri
Nagari Law Review Vol 8 No 2 (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.2.p.298-306.2024

Abstract

Interfaith marriage is a complex issue in Indonesia, considering the conflict between religious norms and state law. Based on Law Number 1 of 1974 concerning Marriage, the validity of a marriage is determined by the laws of each religion, which often becomes an obstacle for interfaith couples, especially in registering their marriage. This study examines the legality of interfaith marriages in Indonesia through the Yogyakarta District Court Determination Number 141/Pdt.P/2023/PN Yyk and its implications for the rights and obligations of husbands and wives with different beliefs in Indonesian family law. This research uses a normative juridical approach with analysis of court decisions and review of statutory regulations. The research results show that although Indonesian law does not explicitly regulate interfaith marriages, the court decision route can provide a legal solution for registering these marriages. However, the legal implications remain significant, especially in terms of maintenance rights, inheritance rights and child status, which often face administrative obstacles. Therefore, more inclusive regulations and clearer registration procedures are needed to provide legal certainty and protect the rights of families from interfaith marriages. The aim of this research is to provide answers to various problems related to interfaith marriages.
Implementasi Perda Kab. Karo No. 01 Tahun 2024 Terhadap Pungutan Liar pada Objek Wisata Sidebuk-Debuk Perspektif Maqashid Syari’ah Utami, Imiati Rohma; Br. Ginting, Elvira Dewi
Nagari Law Review Vol 8 No 2 (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.2.p.234-244.2024

Abstract

Illegal levies (pungli) are a form of corruption that is still a serious problem in Indonesia, including in the tourism sector. Although Karo Regency Regional Regulation No. 01 of 2024 has been enacted as an effort to regulate local levies, extortion practices still occur at Sidebuk-Debuk tourist attraction, Karo Regency, which has a negative impact on tourist convenience and local revenue. This research aims to analyze the implementation of the local regulation, identify obstacles in its implementation, and evaluate the phenomenon of extortion using the Maqashid Shari'ah approach. This research uses a qualitative method with data collection through in-depth interviews with various resource persons. The results show that the lack of socialization, weak supervision, and the habit of extortion that has been cultivated are the main obstacles in the implementation of the local regulation. From the Maqashid Shari'ah perspective, extortion contradicts the principles of protecting religion (Hifdz al-Din), soul (Hifdz al-Nafs), intellect (Hifdz al-'Aql), offspring (Hifdz al-Nasl), and property (Hifdz al-Mal). This study recommends increased supervision, more effective socialization, and strict law enforcement to reduce extortion practices and improve the quality of tourism services.
Diskresi Penggunaan Dana Cadangan (Provisional Sum) Pada Tender Pekerjaan Konstruksi Dengan Sumber Pendanaan Anggaran Pendapatan Dan Penerimaan Negara (APBN) Herlambang, Fahreza; Rembrandt, Rembrandt; Fauzi, Wetria
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.172-182.2024

Abstract

In the construction work tender mechanism with state budget funding sources, there are no provisions or clauses relating to the use of reserve funds (provisional sum). The use and provisional sum clause can be found in the procurement of goods/services with international contract standards, for example, FIDIC contract standards and the procurement of integrated design and build work. The addition of provisional sum requirements is a discretion by Middle High Leadership Officials, in the form of adding clauses to the Special Conditions of Contract, which does not become an assessment point or point that can invalidate the Provider Selection process. If the provisional sum is not interpreted as calculating unexpected costs or other costs, then it does not conflict with the provisions for preparing own estimated price in statutory regulations and meets the Discretionary requirements as regulated in the Government Administration Law.

Page 18 of 22 | Total Record : 218

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