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
 18   19   20   21   22 
Problematika Fungsi Kerapatan Adat Nagari (KAN) Dalam Penyelenggaraan Pemerintahan Nagari Sebagai Satuan Pemerintahan Terendah yang Menganut Otonomi Asli Setiawan, Dian Bakti; Alsyam, Alsyam
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.455-466.2025

Abstract

The regulation concerning the functions of the Kerapatan Adat Nagari (KAN) in the Regional Regulation of West Sumatra Province presents several issues. On one hand, this regulation aims to strengthen the role of KAN by expanding its membership composition to ensure broader representation. However, on the other hand, this expansion becomes counterproductive as it leads to uncertainty regarding the number of KAN members. A fixed number of members is crucial for the validity of decision-making processes and the legitimacy of the decisions made. Similarly, the authority granted to KAN to formulate Peraturan Nagari (Perna) also raises concerns. Since Perna serves as a primary instrument in the implementation of Nagari autonomy, granting KAN the authority to establish Perna could be seen as an effort to reinforce KAN as a customary institution. However, it could also be viewed as a restriction of customary jurisdiction, as Peraturan Nagari must inherently take the form of written law. Furthermore, if Peraturan Nagari—except for the Nagari Revenue and Expenditure Budget (APB-Nag)—were to be established in an unwritten form, it would create difficulties in Nagari governance, as written regulations provide greater legal certainty and serve as essential documents for various administrative purposes. Therefore, KAN membership should ideally be limited to ninik mamak (customary elders), and its functions should be restricted to formulating policies within the domain of customary law. Additionally, KAN should be responsible for proposing recommendations for Perna to the Badan Permusyawaratan Nagari (Nagari Consultative Body) whenever certain matters are deemed significant enough to be formalized into Peraturan Nagari.
Peran Hakim dalam Penemuan Hukum Pidana Progresif: Perspektif Sociological Jurisprudence Zurnetti, Aria; Raihany, Farras Audia
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.531-543.2025

Abstract

Judges' legal findings play a role in filling legal gaps and realizing justice that is adaptive to social dynamics. Sociological jurisprudence emphasizes that law must consider the values that live in society. This study examines the concept and implementation of this approach in progressive criminal law in Indonesia. Using the juridical-normative method through literature study, it was found that judges can interpret the law to achieve substantive justice. Applying this approach makes decisions more responsive to social reality, as reflected in various progressive decisions that accommodate living law. However, its implementation faces challenges related to the principle of legality and the prohibition on analogy in criminal law. Therefore, a balance is needed between legal certainty and flexibility in legal findings to make the justice system fairer.
Efektivitas Pemungutan Pajak Bumi Dan Bangunan Perdesaan Dan Perkotaan Pasca Pengalihan Kewenangan Pemungutan Daerah Provinsi Sumatera Barat Fithrina, Hendria; Gusminarti, Gusminarti; Hardi, Luthfia Febrina
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.467-476.2025

Abstract

Law No. 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments regulates that the authority to collect Rural and Urban Land and Building Taxes is transferred from the Central Government to the Regional Government (Regency/City). This research is entitled The Effectiveness of Rural and Urban Land and Building Tax Collection (PBB P2) After the Transfer of Collection Authority to the Regions in West Sumatra Province. The aim of this research is to determine the effectiveness of Land and Building. Tax collection Rural and Urban in Padang City Bapenda. This type of research is empirical juridical with a qualitative approach. The source of data obtained is primary data with data collection methods through interviews and documentation. The results of the research obtained that the effectiveness of the Rural and Urban Land and Building Tax collected by the Padang City Bapenda is quite effective. That is, with an average of 80%. In 2019 the achievement value was 84.53%, in 2020 the achievement value was 83.06%, in 2021 the achievement value was 85.95%. In 2022 the achievement value was 87.35%. Furthermore, the results of research using descriptive show that the system and procedures for collecting Land Tax and The building is running as it should, but when it comes to paying the Land and Building Tax itself, taxpayers are still reluctant to make direct deposits to the designated Bank or Post and Giro Office and generally taxpayers tend to wait for the collection officer to make the collection.
Formation of A Special Court for The Medical Profession Inrealizing the Aspirations of the Indonesian Doctors Association as Efforts to Develop National Health Law in Indonesia Yandriza, Yandriza; Raspati, Lucky; Elvandari, Siska
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.544-555.2025

Abstract

The object of this writing is based on the present, very often occurs among doctors, and or health workers proven to have made a mistake, and or medical negligence. Medical errors and or negligence can result in disability, and death of a patient. Disability and death of a patient cause thinking among doctors and/or health workers, it is considered that they have committed an alleged crime that endangers the safety of the body and life of a patient, so that doctors and/or health workers feel that they have been criminalized by certain parties. This criminalization is of course very confusing, considering that in fact in This criminal law perspective certainly cannot be said to be criminalization, in fact it can be said to be a form of criminal responsibility.
The Urgency of Implementation Top And Down Principles Towards Red And White Cooperatives In Indonesia Ulfanora, Ulfanora
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.477-485.2025

Abstract

After the election of Mr. Prabowo Subianto, he has launched breakthroughs aimed at changing Indonesia for the better in the future. One of the breakthroughs that Mr. Prabowo Subianto has made includes Danantara as Indonesia's SWF, Free Nutritious Meals (MGB), and the Red and White Cooperative. In these three projects, the author will examine the existence of the Red and White Cooperative which has been ratified through Presidential Instruction Number 9 of 2025 concerning the Acceleration of the Establishment of Red and White Village/District Cooperatives. With Presidential Instruction Number 9 of 2025, all cooperatives that have been established in villages will be replaced with the Red and White Cooperative. This change actually goes against the founding values of cooperatives, namely deliberation and democracy. This research is legal research with a statutory approach, analytical approach and conceptual approach. The results of this research explain that firstly, the application of the nature of investment capital in cooperatives certainly cannot be applied absolutely to the risks that occur but is only limited to business risks that occur in the business sector financed by investors. Second, in Indonesia, even though the concept of cooperatives is covered by law, the existence of cooperatives still cannot run effectively. Third, on the economic side, the urgency of establishing the Red and White Cooperative is a good breakthrough for fulfilling the economic welfare of village communities. But from a legal perspective, it is necessary to understand the Top & Down principle in formation so that the capital carried out by the central government does not fulfill the principles of forming cooperatives based on kinship, democracy and independence. Then, in Law Number 6 of 2014 concerning villages, villages are actually the subject of development, so the formation of cooperatives should be based on the decisions of the village community.
Tanggung Gugat Pemerintah Atas Kebocoran Data Pribadi Masyarakat Dalam Perspektif Undang-Undang Pelindungan Data Pribadi Syofyan, Yunita; Nazmi, Didi; Arfiani, Arfiani
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.556-581.2025

Abstract

The development of digital technology can affect the performance of data management systems carried out by both government and private agencies, various digital-based activities that have an impact on efficiency in performance. Data leaks obtained through electronic media are valuable things such as population registration numbers, family cards, and identity cards. The importance of protecting personal data so that there is no data exploitation by irresponsible parties. The results of this study answer the problem, namely, first, the PDP Law has not been able to provide legal protection to citizens if the government as the data controller has been negligent over personal data. This, legal accountability for the government's negligence in protecting the personal data of its citizens still refers to government actions that are not in accordance with the general principles of good governance or abbreviated as AUPB as regulated in Law Number 30 of 2014 concerning Government Administration. Second, Legal Protection for the Community Experiencing Personal Data Leaks in Facebook account data leaks can be carried out through a State Administrative Dispute Lawsuit as based on Article 17 paragraph (1) and paragraph (2) letter c of Law Number 30 of 2014 concerning Government Administration in the form of abusing authority. The basis for the State Administrative Lawsuit against the Government is because the act of leaking data on Facebook accounts belonging to Indonesian citizens has violated the provisions of the General Principles of Good Governance (AUPB), especially accuracy, public interest, and good service as regulated in Article 2 of Law Number 30 of 2014 concerning Government Administration. However, the government can also be sued in a civil manner if there is negligence in controlling personal data belonging to citizens as regulated in Article 12 of Law Number 27 of 2022 concerning Personal Data Protection.
Juridical Study of the Meme Phenomenon in Social Media Isnawan, Fuadi
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.486-503.2025

Abstract

This paper examines the role of forensic linguistics in identifying and analyzing memes that contain elements of defamation or insult on social media platforms. In the digital age, memes have become a prevalent form of communication, often blurring the lines between humor and harmful content. This study highlights how such memes can violate Indonesian law, specifically the Criminal Code and the Electronic Information and Transactions (ITE) Law, by spreading false information and damaging the reputations of individuals or entities. This research uses the normative legal research method. The result of this research is memes can indeed contain elements of defamation or insult, violating both the Criminal Code and the Electronic Information and Transactions (ITE) Law in Indonesia. The ITE Law, notably Article 27, paragraph (3), provides a progressive framework for addressing defamation and insult through digital media, imposing criminal penalties on those who intentionally and without rights to distribute, transmit, or make accessible defamatory or insulting content. This law is more effective in the digital age than the Criminal Code, as it acknowledges the rapid spread and broad reach of defamatory content on social media. Forensic linguists play a crucial role in these cases, interpreting whether a meme is defamatory or merely a joke. This distinction is vital as it determines legal consequences. If a meme contains defamation or insult, the perpetrator can face criminal sanctions; no liability arises if it is a harmless joke. Forensic linguists assess memes' context, intent, and impact, helping legal authorities understand the nuances of digital communication and ensuring that justice is served. Their expertise is vital in distinguishing harmful content from benign expressions, contributing to a fair judicial process, and protecting individuals and entities from undue harm while maintaining freedom of expression.
Dialektika Konstitusionalisme dan Nilai Islam: Analisis Sistem Pengisian Jabatan Executif Di Indonesia Supardi, Supardi; Khairani, Khairani
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.430-444.2025

Abstract

This articel examines the dialectical relationship between constitutionalism and Islamic values in the context of executive office appointment systems in Indonesia. Using normative juridical research methodology, this study analyzes how constitutional principles and Islamic values interact in shaping the mechanism of executive office appointments, particularly at national and regional levels. The findings indicate a harmonization between modern constitutional values and Islamic leadership principles, such as the concepts of shura, amanah, and justice. In-depth analysis reveals that Indonesia's executive office appointment system has adopted democratic elements that align with Islamic values, although not explicitly citing their religious sources. This research also identifies challenges in integrating these two value systems, especially in the context of legal pluralism and diversity of interpretations. In conclusion, a more comprehensive approach is needed to harmonize constitutional and Islamic values to strengthen the executive office appointment system in Indonesia.
Legal Protection for Women Divorced Outside the Court in Indonesian Law Sinaga, Risa Putri; Zurnetti, Aria; Yasniwati, Yasniwati
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.582-595.2025

Abstract

This article investigates the legal protection of divorced women outside the court from civil and criminal law perspectives. Using a qualitative empirical juridical approach, this study was conducted in Nagari Pasar Tapan, a subdistrict in Pesisir Selatan Regency, West Sumatra, where extra-judicial divorces are still prevalent due to factors such as limited legal literacy, economic hardship, and the lack of access to judicial institutions. The findings indicate that extra-judicial divorce not only causes legal uncertainty in terms of marital status but also deprives women of their post-divorce rights, including maintenance, shared asset division, and child custody. Moreover, informal divorces often expose women to criminal accusations, such as polyandry, as a result of subsequent marriages not recognized by the state. This study emphasizes the importance of legal reforms, including increased awareness of divorce procedures, access to legal aid, and the strategic role of notaries in drafting and legalizing prenuptial agreements. By strengthening the position of women in such vulnerable legal circumstances, the state can fulfill its constitutional mandate to protect the rights of its citizens.
Efektivitas Penegakan Hukum Penyelesaian Sengketa Konsumen Di Sumatera Barat Syam, Misnar; Fitri, Devianty
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.504-513.2025

Abstract

Law enforcement in resolving consumer disputes is a repressive legal protection. This repressive protection aims to restore consumer rights or resolve disputes when there is a violation of consumer rights or disputes between consumers and business actors. Law enforcement in resolving consumer disputes in West Sumatra has not achieved the desired effectiveness, even though there is Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK) which regulates the resolution of consumer disputes. This is because there are still many consumer losses that cannot be recovered or consumer rights are not fulfilled because the resolution of their disputes has not been fully in accordance with what is expected in the law. The formulation of the problem in this paper is how effective is the resolution of consumer disputes in West Sumatra? The method used in this study is empirical juridical, using primary data and supported by secondary data. The approach used is a non-doctrinal approach. The nature of the research is descriptive. The data collection uses field studies, namely by interviewing respondents and informants which are strengthened by document studies. Data processing is by editing and analysis using qualitative juridical analysis. The conclusion of this study is that consumer dispute resolution in West Sumatra is not yet effective, where consumers have not received justice.

Page 20 of 22 | Total Record : 218

 18   19   20   21   22 

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