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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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Pertanggungjawaban Pemerintah dalam Kebijakan Penataan Pegawai Non Aparatur Sipil Negara Dikaitkan dengan Sistem Merit Mutia, Aisha RH
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.73-85.2025

Abstract

The structuring of non-civil servant employees (non ASN) constitutes a constitutional mandate that must be fulfilled by the government within the timeframe stipulated in Law Number 20 of 2023 on the State Civil Apparatus. This study analyzes government accountability in the structuring of non-ASN employees in relation to the implementation of the merit system as the foundation of bureaucratic reform. Employing a normative juridical method with a qualitative approach, the research evaluates legal, implementative, and systemic aspects of non-ASN employee structuring. The findings reveal that government accountability in managing non-ASN employees faces complex challenges in the implementation of the merit system, which significantly affects the overall effectiveness of bureaucratic reform. The study concludes that government accountability in the structuring of non-ASN employees is not only legal-administrative in nature but also constitutional, considering the state’s obligation to provide legal certainty and protection for citizens who have served. These findings contribute to the development of the theory of state administrative accountability and provide recommendations for improving personnel policies to be more equitable and merit-based.
Penerapan Prinsip Partisipasi Publik Dalam Pembentukan Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Herlanty, Febrima; Yuliandri, Yuliandri; Fahmi, Khairul
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.86-100.2025

Abstract

In the formation of laws, one of the important things is public participation. Public participation is regulated by Article 96 of Law No. 13 of 2022 on the Second Amendment of Law No. 12 of 2011 on the making of laws. The issues in this study are: 1) How was the standard of meaningful participation implemented by the government in the enactment of Law No. 1 of 2023 on the Criminal Code? 2) Was the principle of meaningful participation met in the enactment of Law No. 1 Year 2023 on the Penal Code? The type of research is Normative research. The conclusions of this research are: 1. The norm of fulfillment of participation in the preparation of the Penal Code from 1961 to the present has been conducted on the basis of INPRES Number 15 of 1970, KEPRES 188 of 1998 and Law Number 13 of 2022 concerning the second amendment of Law Number 12 of 2011. 2. The application of the principle of meaningful participation in the drafting of the Criminal Code has been carried out through public hearings, public dialogue, socialization and discussion forums, and public contributions have been made, including the deletion of 6 articles, reformulation or amendment of 57 articles, addition of 2 new articles and addition of content to 1 article, and repositioning of 4 articles.
Raising Legal Awareness in MSME Trade: Protecting and Registering Trademarks Siagian, Putri Rumondang; Desiandri, Yati Sharfina; Saidin, Saidin; Shauqi, Saddam; Wau, Hilbertus Sumplisius M.; Azwar, T. Keizerina Devi
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.101-110.2025

Abstract

Micro, Small, and Medium Enterprises (MSMEs) as small-scale industries tend to ignore the importance of intellectual property protection, particularly evident in the minimal registration of MSME trademarks with the Directorate General of Intellectual Property. Although the World Intellectual Property Rights (WIPO) recognizes the potential of MSMEs to drive product innovation and creativity, MSME awareness of the use of Intellectual Property Rights remains low. This study uses a normative legal research method, focusing on the study of legal provisions related to MSME trademark registration and protection. A descriptive analytical approach is used to identify and resolve existing legal issues, with reference to relevant laws and regulations. Trademark registration is considered the basis for rejecting similar trademarks filed by other parties for similar goods or services. The "first to file" principle applies in Indonesia, which grants exclusive rights to the first registrant for 10 years. Efforts to increase MSME legal awareness of the importance of trademarks, particularly through registration, are crucial. Legal counseling can be an effective means to increase public understanding, by emphasizing the legal protection and legal certainty provided by trademark registration. The importance of legal counseling as a strategy to increase legal awareness among MSMEs in registering their trademarks needs to be considered. This awareness can ensure that MSMEs understand the importance of brands to their businesses and can manage them legally to maintain their protection. This study recommends the need for further provision and understanding through legal counseling to ensure better legal awareness among MSMEs.
Penetapan Restitusi oleh LPSK dan Hakim Terhadap Korban Tindak Pidana Pornografi Berdasarkan Teori Keadilan Kurniasari, Yunita; Yoserwan, Yoserwan; Mulyati, Nani
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.111-127.2025

Abstract

Restitution is compensation given to victims or their families by perpetrators or third parties, covering both material losses and immaterial losses. This study explores how restitution serves justice for victims of pornography-related crimes and examines the influence of LPSK’s restitution valuation on judicial decisions at the Painan District Court. Using an empirical juridical method and interviews with judges and LPSK officers, the study found discrepancies between LPSK’s and the judge’s restitution assessments. While LPSK focused on the five reported suspects, the judge considered the possibility of other untried perpetrators, viewing full restitution from the five alone as unfair. Nevertheless, the judge still used LPSK’s decision as a reference. The study recommends that judges prioritize victim justice and consider shared liability mechanisms to ensure fair restitution without limiting victims’ rights to full recovery.
Urgensi Perubahan Kelima Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Upaya Penguatan Independensi Kelembagaan Mahkamah Konstitusi Gusman, Delfina
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.128-137.2025

Abstract

Inevitably, the same problem, namely the infertility of the judicial institution, is also one of the problems that occurs in Indonesia. One of the processes in changing the 1945 Constitution of the Republic of Indonesia is to reconstruct the judicial power institution. As one of the judicial authorities, the Constitutional Court has the independent authority to administer justice to uphold law and justice. In carrying out its adjudicating function, the Constitutional Court has nine constitutional judges appointed by the President, with three nominated by the Supreme Court, three by the House of Representatives, and three by the President. The Constitutional Court is not immune to controversial issues that intersect with its independence. The regression of democracy in Indonesia is increasingly apparent when institutions, such as the Constitutional Court, are caught up in practical politics. Issues arise regarding the weakness of the Constitutional Court system regulated in the 1945 Constitution of the Republic of Indonesia, particularly the system for filling constitutional judge positions, which impacts the Constitutional Court's independence.Are controversial cases in the Constitutional Court that overlap with independence caused by the weakness of the system related to the Constitutional Court as regulated in the 1945 Constitution of the Republic of Indonesia? The research method used is normative juridical. The results of the research, filling the position of constitutional judge through the House of Representatives, the Supreme Court and the President as mandated by Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia, is a form of mechanism.check and balanceswhich is not functional but issupreme. To maximize objectivity regarding the quality of constitutional judges, tiered selection through a mechanismcheck and balancesBased on the function of the institution that carries out the functions of state power, this is an option. This option is one of the efforts to strengthen the independence of the Constitutional Court. To realize this idea, it is necessary to make a fifth amendment to the 1945 Constitution of the Republic of Indonesia, specifically by reconstructing Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia.
Protection of Indonesia’s Genetic Resources and Traditional Knowledge (International and National Legal Perspectives) Medina, Dayu; Enggriyeni, Dewi
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.138-147.2025

Abstract

Indonesia, with its abundant biodiversity, has important genetic resources (GR) and traditional knowledge (TK) in various fields. A normative juridical approach is used in this study. This research highlights the legal protection of GR and TK to prevent biopiracy by examining the national and international legal frameworks, as well as the challenges faced. International instruments such as the CBD, Nagoya Protocol, and TRIPS, as well as national laws (Law No. 5 of 1990 and Law No. 13 of 2016), have not been fully effective due to mismatches in regulatory objectives and implementation outcomes. Challenges in their implementation require commitment, knowledge, and collaboration of all elements of the nation. Regulations on the utilization of genetic resources and traditional knowledge have been regulated in several international and national legal sources. However, these regulations have not been able to protect the utilization of Indonesia's genetic resources and traditional knowledge from biopiracy and prevent the illegitimate granting of patents. This is because the basis of protection of genetic resources and traditional knowledge at the beginning was more focused on conservation without concerning at private aspects, especially commercialization. Therefore, the separate arrangements are needed in the use of genetic resources and traditional knowledge. In addition, the technical derivative regulations are also needed to address on the root of the problem in protecting Indonesia's genetic resources.
Analisis Yuridis Terhadap Pencemaran dan Perusakan Lingkungan oleh PT Freeport Indonesia Berdasarkan Ketentuan Hukum Lingkungan Internasional dan Implementasinya di Indonesia Nova, Sri Asih Roza
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.148-156.2025

Abstract

PT Freeport Indonesia is a mining company based in Indonesia and has been operating in the country for decades. However, since operating in the Papua region, PT Freeport Indonesia has not managed the environment properly. The mining activities are carried out below environmental standards, even very unfeasible so that they cause damage to the local ecology. Its waste that contains B3 (Hazardous and Toxic Substances) has entered areas that function as a source of livelihood for the local community. Therefore, in this scientific article, it analyzes whether the environmental damage carried out by PT Freeport has violated the provisions of international and national environmental laws and analyzes whether the case of pollution and environmental damage by PT Freeport Indonesia can be sued by way of Class Action. The purpose of this writing is to find out and analyze the provisions of international environmental law and their implementation in Indonesia that can be used as a legal basis to sue PT Freeport Indonesia for environmental damage caused by its activities and to find out and analyze whether the case of environmental pollution by PT Freeport Indonesia can be sued by way of Class Action. And from the results of the study, it is known that there are several national international provisions that can be used as a legal basis to sue PT Freeport Indonesia for its environmental pollution activities, namely the Marine Pollution Convention (MARPOL) 1973/1978, the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the 1989 Basel Convention, and the United Nations Framework Convention on Climate Change (UNFCCC) 1992. Nationally, it is regulated by Law Number 32 of 2009 concerning Environmental Protection and Management, as well as Law Number 4 of 2009 concerning Mineral and Coal Mining. Regarding the use of the Class Action system in the lawsuit, it should be used against environmental pollution cases by PT Freeport Indonesia because the impact of the losses caused has involved all tribes and communities around the mining and also to save lawsuit costs.
Implikasi Hukum Kebijakan Food Estate Di Kawasan Hutan Terhadap Kelestarian Ekosistem Hutan Zulfitri, Amelia
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.157-166.2025

Abstract

The Food Estate policy implemented in forest areas is part of Indonesia’s efforts to improve national food security; however, its implementation has the potential to undermine the sustainability of forest ecosystems. A key issue concerns the conversion of forest areas into large-scale agricultural land, leading to deforestation, loss of biodiversity, and disruption of hydrological cycles that may contribute to global climate change. This study aims to examine various legal issues arising from the implementation of this policy, particularly those related to the regulation of natural resource conservation and efforts to maintain forest ecosystem sustainability. This study employs a normative juridical approach by analyzing relevant statutory provisions and examining the extent to which food security policies align with or conflict with environmental conservation principles. The findings reveal that the implementation of the Food Estate policy has not yet fully aligned with conservation principles stipulated in existing legislation, including provisions contained in the Law on the Conservation of Biological Natural Resources and Their Ecosystems. Therefore, more comprehensive environmental impact assessments and meaningful public participation at every stage of policy implementation are necessary to ensure a balance between food security and forest sustainability.

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