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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 212 Documents
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The Schorsing in Implementation of Administrative Decision that Endanger the Environment by Administrative Court Miftah Sa'ad Caniago
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.179-190.2018

Abstract

The postponement criteria of the implementation of KTUN (Administrative Court Decision) based on Article 67 of the Act Number 5, 1986 concerning the State Administrative Court (the Act of Administrative Court) merely states that such Postponement can be made if there is a very urgent circumstance which results in the plaintiff's interest to be lost if the sued state’s administrative decision is still implemented. By the promulgation of the Act Number 30, 2014 on the Governance Administration, it reregulates the delay of the implementation of the decision worded in Article 65. However, there are varies in the regulation of the implementation of the such decision pursuant to Article 67, of the Act Law Number 5, 1986 concerning the State Administrative Court. In accordance with Article 65 of the Administrative Governance Act, it rules more detailed regarding the reasons for the State Administrative Court that may delay the enforcement of a Government Decree, one of which if a Government Decision or Action "has the potential to cause environmental damage" and the Court in issuing such a delay shall be in the form of a "Verdict", so that it is different from the arrangement in Article 67 of the State Administrative Judicature Law and its derivatives which stipulates that the reason for the postponement of the validity of a State Administrative Decree if there is an "urgent circumstance" issued in the form of "Stipulation". The research shows that the Act Number 30, 2014 as a substantive law does not regulate in detailed regarding procedural law of such adjournment application, hence based on the principle of lex specialis derogat legi generali a judge has to refer to the rule on the postponement that already exist till it is enacted the new one that might accommodate the postponement implementation and it can determine that the Postponement Execution Delay a judge must view the urgency of the Decision/the Government Action might be delayed by referring to review result or auditing from auditors of the environment that has been certified by the LSK of environmental auditors that is under the Ministry of Environment, and it is not against “ the public interest”.
Pentingnya Membentuk Budaya Antikorupsi Dilihat dari Perspektif Pertanggungjawaban Pidana Korporasi Nani Mulyati
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.183-194.2019

Abstract

One of the potential actors in corruption is a corporation. An important curative effort to eradicate corruption is to ensure that all perpetrators of corruption are accountable for their actions, including corporations as legal subjects; but preventive efforts are also important. One effort to prevent the occurrence of criminal acts of corruption that can be committed by corporations is to form a law-abiding and anti-corruption corporate culture. This paper tries to analyze the role of corporate culture on corrupt behavior that exists in corporations and the legal implications in criminal cases when corporations have implemented a culture of anti-corruption. This study employs doctrinal method, by analyzing legal materials. From the research conducted, it is recommended to arrange clearer regulation pertaining justifications for corporate criminal liability, and for corporations it is recommended that they form an effective and consistent anti-corruption culture in order to ensure that corporate policy is clearly against all forms of corruption carried out by corporate organs or executives. With the implementation of an anti-corruption culture within the corporation, it is expected that every member of the corporation will be very careful in preventing corruption, which can be considered as an act that represents the corporation. If the corporation has implemented an anti-corruption corporate culture, then in theory it should be accepted as one of the reasons to alleviate criminal liability for corporations as a form of justification “afwezigheid van alle schuld” (avas).
Sistem Pengawasan terhadap Perjanjian-Perjanjian terkait Pengiriman Pekerja Migran atau Tenaga Kerja Indonesia ke Luar Negeri Yetniwati Yetniwati; Elita Rahmi; Hartati Hartati
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.56-69.2020

Abstract

Supervision of labor in the process of sending migrant worker abroad began at the time of recruitment, registration, counseling, document management, training until departure. Related agreements in the process of sending migrant worker namely: Placement Cooperation Agreement; migrant worker Placement Agreement; and Work Agreement. All these agreements are in practice made in the form of standard agreements. Supervision of the strong party is necessary to avoid oversight in order to provide protection to the weak party. Supervision is carried out by agencies that work in synergy between the Ministry of Foreign Affairs, the Ministry of Manpower and the Regional Government, which has the authority and synergy to supervise both administrative and technical nature with integrated information systems in order to provide protection to Indonesian Migrant Workers Abroad
Perluasan Kompetensi Absolut Peradilan Tata Usaha Negara Dalam Keadaan Darurat Bencana Non Alam di Indonesia Amancik Amancik; Beni Kurnia Illahi; Putra Perdana Ahmad Saifulloh
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.154-174.2021

Abstract

The Indonesian government in dealing with the COVID-19 has created various legal instruments for policy implementation. One of those instruments is the Government Regulation in Lieu of Law Number 1 of 2020 which regulates the financial policy for COVID-19 which has been passed as Law Number 2 of 2020. However, there is a provision that is contrary to the administrative law principles, precisely in Article 27 paragraph (3). The norm is considered to close the gap of public access to take legal remedies to correct or examine decisions that have potential to cause harm related to actions or decisions. Even though Article 49 of Law Number 5 of 1986 also provides the similar meaning, however because the COVID-19 pandemic is categorized as a non-natural disaster, the COVID-19 Financial Policy Law should provide an expansion of state administrative court's (PTUN) absolute competence in examine and adjudicate administrative dispute cases. Therefore, this study tries to parse how the Regulations and Options for Public Legal Remedies towards Government Actions and Decisions in Non-Natural Disaster Emergencies in Indonesia. Second, what is the idea for expanding the absolute competence of PTUN in non-natural disaster emergencies in Indonesia. This research uses normative legal research methods with descriptive research specifications and analyzed through literature study and data analysis methods using juridical-qualitative. The result shows that it is time for redesigning in order to fulfill the community legal means in dealing with non-natural disaster conditions of COVID-19. The design can be rearrange the provisions in the COVID-19 Financial Policy Law and the Law of PTUN, so that the capability of PTUN in the future is not limited to state administrative decisions, including all the actions of state administrative bodies / Officials based on public law that cause harm for a person or civil legal entity either in normal conditions or in conditions of non-natural disasters
Law Enforcement Model of Village Fund Corruption Through Adat Criminal Law Approach and Local Wisdom in West Sumatera Aria Zurnetti; Nani Mulyati
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.116-127.2022

Abstract

Corruption in Indonesia has its own characteristics. Corruption crimes committed at the village level have caused losses to state finances. Countermeasures against corruption in village funds are required to be effective and firm, in order to be able to resolve and to reduce the number of corruption in the future. This paper discusses the pattern of corruption in West Sumatra, especially in the cities of Solok and Pariaman, and discusses the prevention model used against corruption. The methodology used to answer these problems is normative juridical research. The results of the study found that the pattern of corruption tended to vary in each region, such as double budget, mark-up, unilateral withdrawal of nagari funds by nagari administrators. However, there is a pattern that is always found in every case, namely not making a deposit of tax collection results, the tax money is intentionally not deposited and used for personal interests which causes state financial losses. Furthermore, countermeasures are taken repressively using Indonesian criminal law, as well as preventively by establishing a nagari regulation that uses a customary criminal law approach. West Sumatra has its local wisdom that is still alive and well maintained, even the community respects customary criminal law more than positive law, therefore preventive efforts by using the customary criminal law approach are expected to be able to create nagari that are free from corruption. In an effort to prevent corruption of village funds and Village Fund Allocation (ADD) by village officials, the government of Nagari Situjuah Batua, Situjuah Limo Nagari District, Lima Puluh Kota Regency, West Sumatra, made legal rules based on customary law. The regulation is stated in the Situjuah Batua Nagari Regulation Number 8 of 2019 concerning Prevention of Corruption, Collusion and Nepotism Based on the Salingka Nagari Customary Law
Tanggung Jawab Jepang Dalam Scientific Whaling Di Laut Lepas Berdasarkan Perspektif Hukum Lingkungan Internasional Amin Rais; Maria Maya Lestari; Adi Tiara Putri
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.86-94.2023

Abstract

The Japanese Antarctic Research Program II is a special permit based on the provisions of Article 8 paragraph 1 of the International Convention for the Regulation of Whaling 1946. In 2014 the International Court of Justice issued a ruling that the Japanese Antarctic Research Program II was not included in the provisions of Article 8 paragraph 1 of the International Convention for the Regulation of Whaling 1946, caused the Japanese Antarctic Research Program II to violate international environmental law. The purpose of this study was to determine the existence of the Japanese Antarctic Research Program II based on the perspective of international environmental law and to determine the responsibility of the Japanese state in scientific whaling activities based on the perspective of international environmental law. This type of research is normative legal research using a case approach by conducting a study based on the decision of the International Court of Justice No. 226 of 2014 (Australia v. Japan: New Zealand Intervening). The results of this study, the existence of a special permit for Japanese Antarctic Research Program II is allowed under the provisions of the International Convention for the Regulation of Whaling 1946 and the review of the scientific committee of the International Whaling Commission, but in practice the special permit for this research is not in accordance with the research plan and has many weaknesses so that the Japanese Antarctic Research Program II does not include a special permit for scientific research as contained in Article 8 paragraph 1 of the International Convention of the Regulation of Whaling 1946. Based on the perspective of international environmental law, Japan has subjective responsibility in the form of restitution of the Antarctic Ocean nature reserve for whale conservation and whale sustainability.
Menakar Transparansi Keuangan Partai Politik Pada Pelaksanaan Pemilihan Umum Arfiani, Arfiani; Syofyan, Syofirman
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.107-116.2023

Abstract

To support the implementation of the implementation of political party activities cannot be separated from the existence of large financial support. In the process of traveling political parties, political party funds come from contributions from party politicians, legitimate contributions in accordance with legal provisions; as well as financial assistance from the APBN and APBD from the government. Through the funds generated, an accountable and transparent report is needed to the public in order to create legal certainty and prevent acts of corruption originating from the party's funds. So through this research the authors underline the 2 (two) formulation of the problem that is important to be discussed. First, what is the urgency of disclosing political party financial information in preventing cultural practices of corruption in Indonesia? And Second, how is the accountability of political party financial funds sourced from APBN and APBD funds in Indonesia? This research uses the type of normative juridical research. The data used in the research comes from primary legal materials, secondary legal materials and literature studies from various literatures. The results of this study note that the form of political party financial reporting must record all sources of receipt of funds for the party and not only be accountable for funds originating from the APBN and APBD, then with regard to sanctions there must be strict action taken by the government not only the imposition of administrative sanctions imposed against a party.
Penerapan Pendekatan Keadilan Pestoratif oleh Kepolisian Negara Republik Indonesia dalam Penyelesaian Tindak Pidana di Wilayah Hukum Polres Payakumbuah Kurniawan, Iwan; Nelwitis, Nelwitis; Afrizal, Riki
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.317-326.2023

Abstract

In Indonesia's criminal justice system, imprisonment is a sanction commonly imposed on perpetrators of criminal acts. This condition is not in line with Indonesian society, which is a communal society that prioritizes solving problems through deliberation and consensus. Therefore, there is a tendency in Indonesian society to use a restorative justice approach in resolving criminal law problems. This approach has been recognized and adopted by law enforcement agencies such as the Police. This approach has been adopted in the Republic of Indonesia State Police Regulation (Perkap) Number 8 of 2021 concerning the Guideline for Handling Criminal Acts Based on Restorative Justice. This approach is a new paradigm in the strategy for handling criminal cases by the Police. Resolving criminal acts through this approach also involves the perpetrator, victim, victim's family, community leaders, religious leaders, and traditional leaders in seeking a peaceful resolution by restoring the original situation. This research aims to study how the restorative justice approach is run by the Police in solving a criminal case at Payakumbuh Police Region and the obstacles faced by the Police. The research is carried out through sociological–juridical legal research emphasizing field research. In addition, this research also applies a study of existing legal materials. This descriptive research intends to describe the reality studied clearly and systematically. This research finds that the Payakumbuh Police officers have implemented this restorative justice approach to most criminal cases. In implementing this approach, the police officers encountered several juridical and non-juridical obstacles. Legal obstacles relate to the multi-interpretation of a legal norm, while practical obstacles are complicated procedures, difficulties finding an agreement, and compensation issues.
Peran Kelembagaan Kantor Wilayah Kementerian Hukum dan HAM Dalam Upaya Optimalisasi Fungsi Lembaga Pemasyarakatan Simamora, Janpatar; Pardede, Putri Desima
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.516-526.2024

Abstract

The aim of this research is to find out more about the institutional role of the Regional Office of the Ministry of Law and Human Rights in efforts to optimize the performance and implementation of the main functions of correctional institutions. As is known, over time, the growth rate of inmates in correctional institutions is getting higher and higher. Meanwhile, on the other hand, it is highly hoped that correctional institutions can develop all prisoners to become complete individuals, realize their mistakes, improve themselves, and avoid criminal behavior in the future. In the end, prisoners are expected to be able to reintegrate into society, actively contribute to development and live a law-abiding life. This research methodology uses a normative approach by examining a number of related documents and legal regulations. Data is collected through library research to search for publications and other relevant materials related to the research topic, so as to increase the accuracy of the research materials collected. Of course, it is highly hoped that the institutions of the Regional Office of the Ministry of Law and Human Rights in each region can carry out optimal performance by fully supporting the implementation of the functions and duties of Correctional Institutions through developing the personality and independence of inmates, including the development of religious, national and state awareness, intellectual capacity, legal awareness, healthy reintegration into society, and physical and mental health. The work service activity program needs to be offered and built from the start through a pattern of developing independence through providing work skills based on groups and talents identified while the prisoner is in a correctional institution.
Can National Constitutions be Repealed and Enacted? An Appraisal of the Extensions or Limits of Legislative Powers Ecoma, Bonnievolo Eson
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.39-50.2024

Abstract

A constitution is the fundamental law of a country. Government institutions, including the legislature, are created and assigned definite functions through it. A central function of the parliament is law-making, and with this function goes the power to unmake or repeal laws. A fundamental question in light of this is whether the law-making and unmaking functions of the legislature extend to or are exercisable in respect of national constitutions to make for their repeal and subsequent enactment. Against this background and relying on the doctrinal research method, this paper appraises the legislature's law-making function to ascertain its extensions or limits where national constitutions are concerned.

Page 2 of 22 | Total Record : 212

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