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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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Prioritas Pengentasan Kemiskinan Dalam Perspektif Pembangunan Daerah Pohan, Abi Fajri; 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.445-454.2025

Abstract

Poverty has the meaning of a condition or situation where a person cannot afford to maintain himself in social life and the inability to utilize his mental or physical energy in society. The purpose of this study is to examine and analyze efforts that can be made by regional heads in overcoming and minimizing poverty in West Sumatra. The research method used is qualitative normative juridical. The results of this study are that the priority of poverty alleviation in the perspective of regional development should prioritize the benefits of regional development carried out by prioritizing the poor in the implementation of development in each region where there are still poor people. The suggestion from this study is that the government is expected in its duties and responsibilities as the executor of the function of the government system to prioritize regional development based on systems or programs that have standard provisions for welfare values ​​in the form of regulations in following up and eliminating poverty gradually so that the provisions in Pancasila and the 1945 Constitution can be created properly.
Pengaturan Pelayanan Kesehatan Paliatif Bagi Masyarakat Miskin dalam Jaminan Kesehatan Nasional Susanti, Yulia; Syofyan, Syofirman
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.596-606.2025

Abstract

Health services are the rights of every individual that the state must guarantee through sustainable policies and systems. Law Number 17 of 2023 concerning Health has included palliative services as part of health services. Still, its implementation in the National Health Insurance (JKN) has not been explicitly regulated in other regulations, such as Law Number 40 of 2004 concerning the National Social Security System and Presidential Regulation Number 59 of 2024 concerning Health Insurance. This creates legal uncertainty, especially in ensuring poor access to palliative services, resulting in significant social, economic, and infrastructure barriers. This study aims to analyze the arrangement of palliative health services in the JKN system, identify the obstacles faced by people experiencing poverty in accessing these services, and determine what efforts can be made. The research was conducted with a normative juridical approach, using secondary data from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively to understand the legal problem and its impact on implementing palliative services. The results show that palliative care has not been explicitly recognized as part of the guaranteed benefits in JKN, leading to uncertainty in financing, a lack of service standards, and discrimination against the poor in access. To overcome this, it is necessary to strengthen regulations, prepare national guidelines for palliative services, increase the capacity of health workers, and allocate special budgets. This effort is expected to ensure equitable access to palliative services for all levels of society, especially low-income people.
Kepastian Hukum Status Tanah Ulayat Yang Dijadikan Hak Guna Usaha Setelah Habis Masa Berlakunya Karani, Pasnelyza; 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.607-622.2025

Abstract

The According to the provisions of Article 28 paragraph (1) of the Basic Agrarian Law, "Utilization rights are the right to cultivate land that is directly controlled by the state for a certain period of time for agricultural, fishing or livestock businesses." The subject of Cultivation Rights (HGU) in article 30 UUPA Junto Article 2 Government Regulation Number 40 of 1996 stipulates that those who can have Cultivation Rights Are Indonesian citizens and legal entities established according to Indonesian law and domiciled in Indonesia. Nowadays, HGU issues often involve the existence of customary land as a forum for the HGU to take place. The law has set a time limit for the use of HGU, but in reality when the HGU has expired, it is not uncommon for conflicts of interest to occur between customary land owners and HGU holders. Therefore, this research will examine the Legal Certainty of the Status of Ulayat Land which is Used as Cultivation Rights After the Validity Period Expires, to find out what the ideal legal parameters are to resolve this legal issue.
Pengaruh Besar Pemberdayaan Lembaga Adat Oleh Badan Narkotika Provinsi Sumatera Barat Sebagai Pencegahan Penggunaan Narkotika Terhadap Pengulangan (Residivis) Utama, Rahmides; 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.623-631.2025

Abstract

This research aims to determine the big influence of empowering traditional institutions by the Narcotics Agency of West Sumatra Province as an effort to prevent narcotics use against recidivism. The Narcotics Law mandates that the eradication of narcotics crimes be carried out through the involvement and participation of the community in various activities to prevent or control narcotics crimes, especially in cases of repetition of criminal acts or recidivism. This research is normative juridical supported by empirical juridical and descriptive analysis. The data used is primary, secondary and tertiary legal materials. The results of the study show that the empowerment of traditional institutions by the West Sumatra Province Narcotics Agency has a major influence in preventing repetition of narcotics crimes or recidivism. Through an approach based on local wisdom, social rehabilitation, character development and community support, traditional institutions can play an effective role in helping criminals not fall back into criminal behavior. The involvement of traditional institutions in the rehabilitation process strengthens social ties and ensures that offenders receive the support they need to live a better life and stay away from narcotics. Although empowering traditional institutions has great potential in preventing narcotics and the repetition of criminal acts, there are several obstacles that must be overcome to achieve success. Obstacles such as lack of understanding, limited resources, social stigma, and resistance to change need to be overcome with a careful approach and involving all relevant parties. Empowerment programs for traditional institutions must be adapted to the local cultural context and supported by good coordination between the government, traditional institutions and the community to create an environment free from drug abuse.
Restorative Justice Tindak Pidana Kekerasan Pada Anak Sebagai Korban (Studi Komparatif Hukum Pidana Positif dan Hukum Pidana Islam) Wahyuda, Agung Taufik; Suparmin, Sudirman
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.648-659.2025

Abstract

The resolution of criminal cases constantly evolves in line with criminal justice theory. One development in criminal justice theory is the development of criminal justice, which aims not to be punitive but to address the situation through out-of-court settlements, such as restorative justice mechanisms. However, Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence states that cases of sexual violence cannot be resolved outside the judicial process, except for child perpetrators. Meanwhile, the application of restorative justice has been expanded to include crimes whose perpetrator is an adult that are not settled in the juvenile criminal justice system. Therefore, this study analyzes the application of restorative justice in cases of sexual violence against child victims. The research was a normative legal research that was conducted by comparing Indonesian positive and Islamic criminal law. The study employed a normative method through a statutory and comparative legal approach. The results of the study indicate that resolving sexual violence cases outside the courts, such as through restorative justice, does not allow for resolution. This regulation provides more legal certainty and has a greater deterrent effect. Conversely, in Islamic criminal law, non-penetrative sexual violence is categorized as a taʿzir crime that does not have rigid punishment provisions, thus providing judges with flexibility to impose contextual sanctions. This system allows for applying a restorative justice approach, as long as the victim's rights are maintained. It is recommended that national criminal law consider legal reforms that recognize the existence of categories of sexual violence with different levels of risk, so that it remains possible for crimes of sexual violence with specific qualifications to be resolved through restorative justice.
Penerapan Diskresi Penuntutan Berdasarkan Keadilan Restoratif Terhadap Tindak Pidana Bernilai Kerugian Ekonomis Rendah Pradana, Rido; Danil, Elwi; Elda, Edita
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.632-647.2025

Abstract

This research explains the comparison of prosecutorial discretionary in Indonesia with other countries, indicators of determining low economic loss crimes based on laws and regulations and the application of prosecutorial discretionary to low economic loss crimes in cases in the jurisdiction of the West Sumatra High Prosecutor's Office. This research uses a normative legal research method with a statutory approach, a case approach and a comparative approach based on secondary data through literature studies. The results of this research indicate that prosecutorial discretionary in Indonesia and other countries is basically the authority of the public prosecutor in carrying out their duties in the field of prosecution to prosecute or not to prosecute a case, but each country has certain criteria in applying prosecutorial discretionary to a crime. In the provisions of laws and regulations, there are no clear indicators regarding low economic loss crimes because there is no classification of criminal acts based on economic losses, so that each law enforcement officer has its own discretion in determining indicators of low economic loss crimes. The indicator of low economic loss crimes is currently still influenced by the indicator of criminal fines. Prosecutorial discretionary for low economic loss crimes can be resolved by using a restorative justice approach that can accommodate the economic loss value of a crime. In this research, the author suggests that indicators be regulated clearly and firmly to determine the minimum and maximum limits of the nominal value of low economic loss crimes for law enforcement officers for the sake of legal certainty in law enforcement.
Implikasi Hukum Pengalihan Hak Atas Tanah Tanpa Keterlibatan Pejabat Pembuat Akta Tanah Habiba, Habiba; Sisman, Wandhi Pratama Putra
Nagari Law Review Vol 9 No 1 (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.9.i.1.p.1-11.2025

Abstract

The transfer of land rights in Indonesia is legally required to be carried out before a Land Deed Official (Land Deed Official or PPAT) in order to obtain legal force and be registered with the Land Office. However, in practice, many land sale and purchase transactions are conducted without the involvement of a PPAT, often relying only on private deeds. This study aims to analyze: The legal implications arising from land transfers without PPAT involvement, and The dispute resolution mechanisms available for such cases. The research employs a normative juridical method with statutory, case, and conceptual approaches, supported by literature review and previous studies. The findings reveal that land sale and purchase agreements made. The implications include risks of double transactions, weak legal protection for bona fide buyers, and potential economic losses. Dispute resolution may be pursued through non-litigation mechanisms (mediation, facilitation by the National Land Agency) or litigation (general courts and administrative courts). This study emphasizes that the involvement of PPAT is not merely an administrative formality but a crucial instrument to ensure legal certainty and protection in land transactions in Indonesia.
Perjanjian Hak Kekayaan Intelektual Asean di Bidang Paten dan Implikasinya bagi Indonesia Delfiyanti, Delfiyanti
Nagari Law Review Vol 9 No 1 (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.9.i.1.p.12-19.2025

Abstract

Managing Intellectual Property well can help increase revenue streams of businesses and enhance shareholders’ value. As a class of property that includes intangible creation of the human mind, Intellectual Property also protects technology innovations, enhance brand recognition and increase competitive advantage for products and services in the global marketplace. Intellectual Property includes patents, utility models, copyright, industrial designs, trademarks, plant variety protection, integrated circuits design, genetic resources, trade secret, traditional knowledge, geographical indications and domain names. It plays an important role in the achievement of national and regional socio-economic development goals of the ASEAN Economic Community (AEC). It is also a critical tool in encouraging transfer of technology, and stimulating innovation and creativity that will lead to a competitive, innovative, and dynamic ASEAN as envisioned in the AEC Blueprint 2025. Therefore, the States of the ASEAN Region have entered into an intellectual property regulatory agreement through The ASEAN Intellectual Property Rights Action Plan 2016-2025. The ASEAN Intellectual Property Rights Action Plan, thus formulated, will have four strategic goals: (a) A more robust ASEAN IP System is developed by strengthening IP Offices and building IP infrastructures in the region; (b) Regional IP platforms and infrastructures are developed to contribute to enhancing the ASEAN Economic Community; (c) An expanded and inclusive ASEAN IP Ecosystem is developed; and (d) Regional mechanisms to promote asset creation and commercialisation, particularly geographical indications and traditional knowledge are enhanced. In this agreement there are several principles of international law that are then applied by ASEAN countries including Indonesia. Indonesia’s participation in ratifying the ASEAN Charter in 2008 provides binding implications for Indonesia to harmonize legal arrangements. For Indonesia, participation in this agreement will certainly enhance the legal protection of intellectual property in Indonesia.
Legalitas Pengganti Tanda Tangan Dan Sidik Jari Dalam Pembuatan Akta Notaris Bagi Penghadap Penyandang Disabilitas Fisik Prim, Febiola Felda; Warman, Kurnia; Syofyan, Syofirman
Nagari Law Review Vol 9 No 1 (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.9.i.1.p.52-62.2025

Abstract

This study discusses the issue related to the notary's obligation to affix the signature and fingerprint of the appearer on the deed minutes as regulated in Article 16 paragraph (1) letter c of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 on Notary Positions. The problem arises when the appearer is a person with physical disabilities who is unable to affix their signature or fingerprint. The purpose of this study is to analyze the regulation regarding the use of signatures and fingerprints on notarial deeds, the legal consequences if the deed minutes are not signed or do not contain the appearer's fingerprint, and alternative substitutes for signatures and fingerprints for persons with disabilities. This research uses a normative juridical method with a descriptive analytical approach and secondary data obtained through library research. The results show that the use of signatures and fingerprints on notarial deeds serves as a form of legal protection and prudence, functioning as additional evidence for the notary and the parties involved. Legally, the absence of a signature or fingerprint on the deed minutes does not invalidate the authenticity and legality of the deed, as long as the appearer's statement is acknowledged by the notary. For persons with physical disabilities, substitutes for signatures and fingerprints can include surrogates, footprints, or lip prints, which are legally accepted as means of individual identification. Thus, the notary can still fulfill administrative obligations without diminishing the authentic value of the deed.
Imunitas Negara dalam Kontrak Internasional: Analisis Jure Gestionis dalam Sengketa Kementerian Pertahanan RI vs. Navayo Internasional Oktariani, Fely; Hibatullah, Muhamad Naufal
Nagari Law Review Vol 9 No 1 (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.9.i.1.p.63-72.2025

Abstract

The increasing involvement of states in cross-border commercial activities has raised complex legal questions regarding the limits of sovereign immunity, especially when states engage in contractual relations with private entities. This article aims to analyse whether the contractual engagement of the Indonesian Ministry of Defense with Navayo International AG can be classified as a jure gestionis act, and how such classification affects the applicability of state immunity in international arbitration. Using a normative juridical method, this research applies a statute approach to examine national and international legal instruments, a conceptual approach to explore the doctrines of jure imperii and jure gestionis, and a case study approach focusing on the Navayo dispute alongside comparative jurisprudence. Primary legal materials such as conventions and arbitral awards, supported by secondary literature, are systematically analysed to clarify the boundary between sovereign and commercial acts. The study finds that the Ministry of Defense acted in a commercial capacity, thereby falling within the scope of jure gestionis, which excludes immunity from international arbitral jurisdiction. The conclusion emphasizes that Indonesia’s lack of specific legislation on state immunity creates legal uncertainty in the enforcement of arbitral awards. This article contributes to the discourse on the need for Indonesia to adopt restrictive immunity through comprehensive legislation to enhance legal certainty and strengthen its position in international business disputes.

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