cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota padang,
Sumatera barat
INDONESIA
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
 17   18   19   20   21 
Legal Protection for Persons with Disabilities: International Law and Implementation in Padang Rosra, Deswita; Palupi, Dwi Astuti; Suamperi, Suamperi; Annisa, Febrina
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.307-314.2024

Abstract

This research explores the protection of the rights of persons with disabilities in Padang City, West Sumatra, Indonesia, in light of the legal framework and local government initiatives aimed at promoting inclusivity and empowerment. Despite national and international legal commitments, such as Indonesia’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the enactment of Law No. 8 of 2016 on Persons with Disabilities, the protection of persons with disabilities remains inadequate in practice. This study examines the efforts of the Padang City Government, which has been proactive in implementing various measures to address the needs of persons with disabilities, including the designation of Disability-Friendly Zones and the provision of accessibility infrastructure. However, challenges persist, particularly regarding social protection and economic inclusion. Using a qualitative social science approach, the research analyzes the legal protection model for persons with disabilities in Padang City, focusing on the implementation of Regional Regulation No. 3 of 2015. The findings highlight the importance of integrated social protection systems, gradual implementation of accessibility measures, and the need for a collaborative approach involving local governments, the private sector, and communities to fully realize the rights and welfare of persons with disabilities. This study suggests a legal protection model that combines social protection, capacity building, and enhanced accessibility to improve the dignity and independence of persons with disabilities in Padang City.
The Oversight Function of the Nigerian National Assembly: A Legal and Research Analysis Ecoma, Lequome E.; Ecoma, Bonnievolo E.; Ecoma, Evalsam S.
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.315-337.2024

Abstract

Around the world, legislatures are viewed as symbols of democratic authority, and are essentially defined by the extent or degree to which they efficiently and effectively perform their core functions of representation, law-making and oversight. The oversight function has been variously described as a critical component of good governance, an instrument of nation building, and the cornerstone of democracy. It is largely regarded as the central instrument through which the legislature holds the executive branch of government to account. In settings where the function is performed efficiently and effectively, it ensures greater executive compliance with the content and intent of laws, promotes transparency, good governance and accountability, and asserts the power, influence and authority of the legislature as a defender of the interests of the citizenry. Where it is poorly performed, the reverse is the case. Over the years, the Nigerian National Assembly has been largely perceived as an ineffective legislature especially as the exercise of its oversight function has been fraught with several challenges that question the integrity of the function and the institution itself. Through a review of statutory provisions and extant literature whilst relying on the doctrinal research methodology, the paper examines research-based perspectives on the performance of the oversight function by the National Assembly, with a view to unveiling current research on the exercise of the function, and ascertaining the state of the function in the governance framework of the country. The paper concludes by making recommendations for reform of the function based on findings made.
Kajian Yuridis Tidak Dilaksanakannya Wasiat Oleh Pelaksana Wasiat Sucianto, Jonathan Reynaldy Budi; Tonata, Ridotaka Sariputra; Budhayati, Christiana Tri
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.383-393.2024

Abstract

A testament is the last will of a person to give his wealth before the person passes away. In implementing a testament, there is often a problem when the testament executor does not execute the testament that the testator has made. This is interesting to analyze because the Civil Code, specifically regarding inheritance law, does not provide clear arrangements regarding the legal consequences of the non-execution of a testament by the executor. This research uses normative legal research, statute approach, and conceptual approach. The results of this analysis state that if the testament executor does not execute the will, then civilly, the testament executor is contrary to his legal obligations as stipulated in Article 1011 jo. Article 1021 of the Civil Code. The testament executor can also be sued based on an illegal act because every action of the testament executor that causes loss to the heirs is considered an unlawful act in accordance with Article 1365 jo. 1367 of the Civil Code.
Penerapan Sanksi Pidana Terhadap Korporasi Dalam Berbagai Putusan Pengadilan Surbakti, Feri Antoni; Azheri, Busyra
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.338-355.2024

Abstract

The existence of corporations as legal subjects that can be held criminally accountable has long been regulated in various laws outside the Criminal Code (KUHP), especially in administrative penal law. The issuance of Supreme Court Regulation (PERMA) No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, as is known, was motivated by the numerous laws that have positioned corporations as legal subjects of criminal law and that can be held criminally accountable. This writing addresses two issues: the implementation of handling criminal cases with corporations as legal subjects in various court decisions, and the obstacles in executing criminal sanctions against corporations. The method used in this writing is normative juridical research, employing a conceptual approach, a statutory approach, a historical approach, and a case approach. The nature of this research is descriptive, and the data used is secondary data collected through literature and document studies. The data analysis in this writing will be conducted qualitatively. The results and discussion in this writing show that the handling of criminal cases involving corporations has increasingly been addressed by law enforcement officials. This growing number of corporate cases, of course, is inseparable from the issuance by the Supreme Court of regulations on procedures for handling criminal cases involving corporations as legal subjects. The handling of criminal cases with corporations as legal subjects already covers both corporations with legal entity status and those without (non-legal entities). The handling of criminal cases with corporations as defendants that have been decided by courts and have obtained legal force in execution encounters challenges. These obstacles and difficulties reduce the effectiveness of criminal law enforcement. Court decisions in adjudicating criminal cases with corporations as perpetrators (defendants) should not only apply the law textually but also ensure that these decisions can be effectively executed.
Judicial Pardon: Proyeksi Bunyi Putusan Hakim dalam Perkara Pidana Pasca Undang – Undang Nomor 1 Tahun 2023 Berlaku Adriyanti, Nadya Fitriza; Zulfa, Eva Achjani
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.356-370.2024

Abstract

If the judge determines that the defendant is guilty and has convincingly committed the act in question, but the act does not necessitate punishment based on specific considerations, Article 54, paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code authorizes the judge to grant forgiveness by passing a decision without imposing a penalty. Judge forgiveness, also known as judicial pardon or “rechterlijk pardon”, is one of the sentencing guidelines for judges in deciding criminal cases. Nevertheless, Article 54 paragraph (2) reveals that the factors to be considered by judges in exercising their discretion to grant forgiveness are primarily subjective, with no clear and objective indicators. Furthermore, there are no established guidelines for describing the results of a judge's decision to forgive and structuring the decision. This could lead to a lack of uniformity in judicial pardon decisions when the New Criminal Code comes into force. So, this article attempts to project the sound of the judicial pardon decision using normative legal research. This research indicates that several sentences of the judicial pardon decision can be applied by adopting various criminal choices.
Sinergi atau Konflik: Pasal 2 KUHP 2023 dalam Penegakan Hukum di Indonesia Efendi, Nindy Putri Nur; Zulfa, Eva Achjani
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.371-382.2024

Abstract

Adat law is original Indonesian law, which lives and develops in society; the law is a social institution, therefore in its implementation, the law not only looks at legal rules but also looks at the effectiveness of these rules in the social field in society, in National criminal law reform has provided a breath of fresh air in the implementation of customary law in enforcing criminal law as contained in the provisions of Article 2 of the 2023 Criminal Code. The customary law that applies in Indonesia has differences between one region and another. This research is of a nature statute approach in which the research will examine the extent to which customary law can be used in national law as per the provisions in the 2023 Criminal Code. The provisions of Article 2 of the new Criminal Code have their pluses and minuses regarding the application of customary law in national law. The position of customary crimes in the 2023 Criminal Code as additional criminal penalties will place customary sanctions no longer as imperative but as facultative.
Comparison of National and International Legal Frameworks on Nickel Export Ban and Its Environmental Impact Delyarahmi, Sucy; Oktaviandra, Surya; Faizka, Muhammad; Amalia, Nazwa
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.419-429.2024

Abstract

Indonesia's regulation of a ban on nickel exports at <1.7% (less than one point seven percent) has caused international upheaval. Reactions emerged from European Union countries that viewed Indonesia as having violated GATT 1994. In this research, the authors use the normative method with a comparative approach and literature study. The results showed that Indonesia's nickel export ban policy aligns with the government's efforts to improve the downstream industry. However, this policy has a negative impact on the environment, including increased water pollution due to nickel industry waste that exceeds the quality standards regulated in environmental regulations. This is due to the massive nickel exploitation that is not in line with the original purpose of the export ban to maintain domestic nickel stocks.
Kekaburan Pengaturan Pasal 201 Ayat (5) Undang-Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati, Dan Walikota Terhadap Akhir Masa Jabatan Kepala Daerah Gusman, Delfina
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.394-401.2024

Abstract

The postponement of the regional elections in 2022 and 2023 has resulted in a fairly long transition period, and most autonomous regions will experience vacancies in regional head positions for a relatively long period of time, namely 2 to 3 years until the 2024 simultaneous regional elections are held. One form of implementation of the concept of democracy is holding regional head elections (Pilkada) simultaneously nationally. There has been legal ambiguity in Article 201 paragraph (5) of Law Number 10 of 2016 concerning the Election of Governors, Mayors and Regents whose term of office of regional heads ends in 2023. This research is legal research (doctrinal research). The results of this research explainThe appointment of Acting Regional Heads is not carried out randomlyelectical pointed which must be participated in by election by the community but is only appointed to fill vacancies in regional government so that regional government activities can run quickly. Second, Legal Ambiguity Article 201 paragraph (5) of Law Number 10 of 2016 results in legal uncertainty and legal guarantees for applicants who serve as regional heads and will harm their political positions and even programs that have been promised will not be fully implemented.
Penerapan Pembagian Waris Beda Agama Pada Etnis Tionghoa Di Kabupaten Bungo Provinsi Jambi Dianis, Ratna; Azheri, Busyra; Hasbi, Muhammad
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.402-418.2024

Abstract

The Chinese ethnic group is one of many ethnicities or tribes that contain communities with quite complex religious plurality, within the Chinese ethnic group there are people who are Muslim, Buddhist, Hindu, Christian and also Confucian. The diversity of religions in the ethnic Chinese traditional community also gives rise to several legal options that can be chosen to be applied, especially in matters of inheritance, where there are at least 3 (three) inheritance law provisions that can be used, namely civil inheritance law, customary inheritance law, and also inheritance law of Islam. The differences in religion adhered to between heirs and heirs will raise several questions related to this regarding: 1. How implementation of inheritance from different religions in the ethnic Chinese community in Bungo Regency? 2. What is the influence of the legal system in terms of regulating and implementing inheritance of different religions by ethnic Chinese in Bungo Regency? 3. What are the legal steps for a Notary if a client visits him who wants to arrange an inheritance deed but the parties to the deed have different religions? The research method used is an empirical juridical method. This research is descriptive. Data collection techniques are document study and interviews. From the research results, in general, the Bungo Chinese ethnic community chooses a very different inheritance rules, there are some people choose to use Chinese inherintance rules, the others choose to use the inheritance rules of the Civil Code, Apart from the two inheritance rules above, a small percentage of people choose to implement Islamic inheritance rules, and there are also who choose rules of inheritance base on agreement.
Women as Victims of Human Trafficking (TPPO) In North Kalimantan Indonesia from Criminal Law and Islamic Law Perspectives Irawan, Aris; wahyuni, Fitri; Suryani, Nilma; Asneliwarni, Asneliwarni
Nagari Law Review Vol 8 No 3 (2025): 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.3.p.514-530.2025

Abstract

The criminal act of human trafficking (TPPO) is a serious crime that occurs on both national and international scales. It is a crime that is not easily detected because it is carried out in an organized and professional manner. Cases of human trafficking continue to increase every year, both globally and in Indonesia. This clearly proves that various international and national regulations have not been able to eliminate this crime. Therefore, it can be concluded that the high rate of human trafficking is not caused by a lack of regulations established by the government, but rather by the fact that the criminal penalties imposed on the perpetrators have not been effective in deterring them. Additionally, the existing regulations have not been fully effective in preventing the crime. Thus, it is necessary to compare the legal provisions on human trafficking with those found in Islamic criminal law. This research falls under normative legal research, using secondary data and analyzed deductively. Indonesia has regulated human trafficking in the Criminal Code (KUHP), specifically in Article 296, which prohibits human trafficking in the form of sexual exploitation. Similarly, Islamic criminal law prohibits human trafficking. This is based on the primary objectives of Islamic law (Maqāṣid al-Sharī ‘ah), which emphasize the importance of preserving five essential values: religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), and property (māl), as stated in the Qur'an, Surah Al-Isra (17:70). Islamic law strictly forbids all forms of coercion, slavery, and sexual exploitation, as these actions violate the sanctity of human dignity.

Page 19 of 22 | Total Record : 218

 17   18   19   20   21 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 9 No 1 (2025): Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review Vol 8 No 2 (2024): Nagari Law Review Vol 8 No 1 (2024): Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review Vol 6 No 1 (2022): Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review Vol 4 No 1 (2020): Nagari Law Review Vol 3 No 2 (2020): Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV) Vol 2 No 2 (2019): Nagari Law Review (NALREV) Vol 2 No 1 (2018): Nagari Law Review (NALREV) Vol 1 No 2 (2018): Nagari Law Review (NALREV) Vol 1 No 1 (2017): Nagari Law Review (NALREV) More Issue