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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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Keterbukaan Informasi Publik Untuk Mendukung KinerjaAparatur Sipil Negara Yang Berkarakter dan Proporsional Laurensius Arliman Simbolon
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.138-158.2018

Abstract

State civil service (ASN) resource management is an important part of state governance that aims to assist and support all human resources of state civil apparatus to realize their full potential as civil servants and citizens. One is the openness of public information described in the UU ASN and the Law on Public Information Disclosure (UU KIP). The implications of the application of the KIP Law to the public or the public are the opening of access for the public to obtain information related to the public interest. First, Information that must be provided and announced and Required Information Announced necessarily (easy to reach and easy to understand). Establishing characterized and proportional ASNs are various ways, namely: 1) State Civil Service Committee (KASN); 2) Utilizing information communication technology (ICT), which provides public information disclosure data to the public through the website; 3) Implementation of UU KIP; 4) need to be socialized both to public bodies and communities; 5) Public bodies are given space to establish, build, and develop institutional PPIDs in accordance with the characteristics of institutions of their respective public bodies; 6) The government should be able to optimize socialization and encourage public participation to be able to carry out information disclosure, as mandated by UU KIP. With these means are expected to realize the character of ASN and proportional that also amandat of UU KIP. Manajemen sumber daya aparatur sipil negara (ASN) merupakan salah satu bagian penting dari pengelolaan pemerintahan negara yang bertujuan untuk membantu dan mendukung seluruh sumber daya manusia aparatur sipil negara untuk merealisasikan seluruh potensi mereka sebagai pegawai pemerintah dan sebagai warga negara. Salah satunya adalah keterbukaan informasi publik yang dijelaskan di dalam UU ASN dan UU Keterbukaan Informasi Publik (UU KIP). Implikasi penerapan UU KIP terhadap masyarakat atau publik adalah terbukanya akses bagi publik untuk mendapatkan informasi yang berkaitan dengan kepentingan publik. Pertama, Informasi yang wajib disediakan dan diumumkan dan Informasi yang Wajib Diumumkan Serta-Merta (mudah dijangkau dan mudah dipahami). Membentuk ASN yang berkarakter dan proporsional terdapat berbagai cara, yaitu: 1) Komisi Aparatur Sipil Negara (KASN); 2) Memanfaatkan teknologi informasi komunikasi (TIK), yang menyediakan data-data keterbukaan informasi publik kepada masyarakat melalui website; 3) Pelaksanaan UU KIP; 4) perlu terus disosialisasikan baik kepada Badan Publik maupun masyarakat; 5) Badan publik diberikan ruang untuk membentuk, membangun, dan mengembangkan kelembagaan PPID sesuai dengan karakteristik lembaga masing-masing badan publik; 6) Pemerintah harus dapat mengoptimalkan sosialisasi dan mendorong peran serta masyarakat untuk dapat menjalankan keterbukaan informasi, sebagai amanat UU KIP. Dengan cara-cara tersebut diharapkan akan mewujudkan ASN yang berkarakter dan proporsional yang juga amandat dari UU KIP.
Jual Beli Tanah Berdasarkan Alas Hak Surat Keterangan Kepemilikan Tanah Di Tua Pejat Kepulauan Mentawai Kristianus Zega
Nagari Law Review Vol 2 No 1 (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.2.i.1.p.85-106.2018

Abstract

Title of land, deeds of sale and other means of evidence are evidences of land ownership. Another type of evidence is a land ownership certificate as the document asserting a basic right of land ownership. Such documents provides weak evidence, but in Indonesia, especially in Tua Pejat region of the Mentawai islands, this kind of evidence is still widely found and used by landowners. The article is discussing the legality of sale and purchase transaction on land which only proved with letter of Statement by Land Official. The method used in this research is empirical juridical (socio-legal research). The juridical approach involved analysis of various land regulations, while the empirical approach was used to examine and analyse the operation of the law in practice as could be observed from social behaviour along with its aspects and how the law works in the community. The research concludes that the Land ownership certificates in Tua Pejat region of the Mentawai islands are based on a Form Letter from the Head of the Regional Office of the National Land Agency of West Sumatera Number: 500/88/BPN-2007 dated February 8, 2007 regarding the purposes of right and land registration based on government regulation No. 24/1997 on land registration to adjust for areas whose land ownership is not based on Minangkabau customary law
Calon Tunggal dan Kemenangan Kotak Kosong sebagai Sebuah Realita Demokrasi Di Tingkat Lokal Indra Syahrial; Dadan Herdiana
Nagari Law Review Vol 3 No 1 (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.3.i.1.p.13-26.2019

Abstract

The background of this research problem is the simultaneous regional head elections in 2018 that occurred in several regions, such as the case of "victory" of an empty box against a candidate for mayor of Makassar and the existence of a single regional head candidate in several regions such as Tangerang Regency, Tangerang City and several regions other. In addition, there are also a number of regional head candidates who have been convicted for criminal acts of corruption going forward again in the regional head election in 2018. The purpose of this study is to discuss problems in the simultaneous regional head elections in 2018, specifically regarding the causes of a single candidate and the reasons for the victory of the empty box so that it is expected that the problem can be analyzed in relation to existing laws and regulations. The research is also aimed at studying the budget efficiency which is one of the objectives of holding simultaneous regional elections in Indonesia or not. The research method uses qualitative methods using an empirical juridical approach. The data used are normative data derived from literature studies and empirical data derived from observations and interviews with relevant parties in the 2018 elections. Samples of data are taken from several regions that indicate there are problems in the simultaneous election process in 2018 namely Makassar City, Tangerang Regency, Tangerang City. The results of the study found that the emergence of a single candidate that had implications for empty box wins and budget inefficiencies were caused by the weakness of Law Number 10 of 2016. The results of this study were expected to provide recommendations for the next simultaneous local election improvement, both improvements in regulatory arrangements and improvements in practical arrangements.
Realitas Pemenuhan Hak Penyandang Disabilitas di Lembaga Pemasyarakatan Suparman Marzuki; Despan Heryansyah
Nagari Law Review Vol 4 No 1 (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.4.i.1.p.92-105.2020

Abstract

To fulfill the rights of persons with disabilities in correctional institutions is an inseparable part of the paradigm of the integrated criminal justice system, which is also the spirit of Law No. 8 of 2016 concerning Persons with Disabilities, that the judicial process is an inseparable unit since the handling of cases by the police, prosecutors, the judiciary, up to the implementation of court decisions through the Ministry of Law and Human Rights. The court's decision in the form of imprisonment is carried out by a prison. However, even though Indonesia has ratified the Convention on the Rights of Persons with Disabilities and ratified Law No. 8 of 2016 concerning Persons with Disabilities, barriers to the fulfillment of the rights of persons with disabilities in prison are still common. The results of this reaserch indicate that the problematic fulfillment of that right was found in the form of various obstacles faced by persons with disabilities in all correctional business processes. Both the constraints of physical facilities and infrastructure, regulatory constraints, and human resource constraints. This situation is also exacerbated by the reality of overcapacity experienced by all correctional institutions in Indonesia. This research is a form of nondoctrinal research, where the data used are primary data by looking at the reality of fulfilling the rights of persons with disabilities in prison and interviewing several related parties
Legal Protection On Consumers Of Fintech Peer To Peer Lending Due To Covid-19 Pandemic Debora Debora
Nagari Law Review Vol 5 No 1 (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.5.i.1.p.69-75.2021

Abstract

In March 2020, the WHO stated Covid-19 is pandemic disease. The Indonesian government has taken actions to prevent the spreading of Covid-19 by limiting people’s activities. Covid 19 has resulted in people who loans at lending institutions, having difficulty paying installments. The government issues policies in response to the Covid-19 effect, such as economic relaxation. However, the policy did not cover consumers Fintech Peer to Peer (P2P) Lending, this created a legal vacumm. The problem in this research is the urgency of legal protection for Fintech P2P lending consumers during pandemic Covid-19. The purpose of this research is for OJK policy to issue a stimulus to Fintech P2P Lending consumers. This research applied juridicial normative methodology. It uses secondary data, which consists primary legal material, namely the OJK regulations on Covid-19 prevention and related literature, analyzed descriptively analytically. The research shows that consumer fintech P2P lending are affected by Covid-19 pandemic, so they need to get legal protection, in the form of stimulus given to lenders and borrower of fintech P2P lending.
Quo Vadis Sport Law: Pertanggungjawaban Pidana atas Kematian Suporter Sepak Bola Galih Raka Siwi; Hana Faridah
Nagari Law Review Vol 6 No 1 (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.6.i.1.p.25-35.2022

Abstract

The death of supporters due to Indonesian football is not the first time. The death was caused by being trampled or squeezed by other supporters in the stadium due to the overcapacity of the stadium. This research is expected to be a reference and reference and answer the anxiety of the community, especially the alination of Indonesian football regarding accountability or even legal protection of supporters at Indonesian football matches. The Disciplinary Commission has mandated that the organizers prepare to ensure the comfort and peace of all parties including supporters both inside and around the stadium, this is part of the responsibility and obligation of the match organizers. Article 54 of the Law on Justice lists the right of spectators to be guaranteed comfort and safety. Article 359 of the Criminal Code provides criminal sanctions against parties suspected of negligence that caused death. These provisions are a form of legal protection for Indonesian football supporters. This article is discussed using a statute approach and a conseptual approach with a doctrinal (normative juridical) type of research with primary law material, secondary law material dan tertier law material.
Peran Orang Tua Dalam Pendidikan Anak: Analisis Undang-Undang tentang Perlindungan Anak dalam Perspektif Hukum Islam Erfin, Zaitun; Irham, M. Iqbal
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.39-48.2023

Abstract

This study aims to explain parents' role in educating children by analyzing Law No. 20 of 2003 on the national education system and Law No. 35 of 2014 on child protection. This research employs a qualitative descriptive method and literature review. Data collection involves gathering information from various sources, such as books, magazines, and online news, followed by reading and recording the information. The research data is analyzed descriptively. The findings indicate that Law No. 20 of 2003 and Law No. 35 of 2014 can be divided into two parts: (1) fundamentals, functions, and objectives of the national education system; rights and obligations of citizens, parents, society, and government; learners; and types of education; (2) the role of parents in raising children includes nurturing, caring, educating, protecting, fostering the child's development according to their abilities, talents, and interests, preventing child marriage, imparting character education, and instilling moral values in children. In the context of fiqh siyasah, both Law No. 20 of 2003 and Law No. 35 of 2014 mandate parents to provide education to their children because education is the child's right, ensuring their well-being and guaranteeing fundamental rights stipulated in Islamic law.
Perlindungan Hak Masyarakat Hukum Adat dalam Pengelolaan Hutan Syofiarti, Syofiarti; Fatimah, Titin; Aini, Nur
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.253-268.2023

Abstract

Forests are one of the valuable assets owned by the Indonesian people. Since a long time ago, forests have been the life support of the surrounding communities, including Customary Law Peoples. In fact, in forest management, the rights of Customary Law Peoples have been determined by the constitution, precisely Article 18B paragraph (2) and Article 33 paragraph (3) of the 1945 NRI Constitution which was later affirmed by derivative rules. Unfortunately, in reality, the use of forests by Indigenous Peoples often contradicts government policies which have implications for the emergence of forestry disputes involving Indigenous Peoples. This study aims to analyze regulations on the rights of Customary Law Peoples (MHA) in managing forests, find factors that trigger the birth of disputes and offer a pattern of protection of MHA rights in forest management. Empirical juridical approach with analytical destriptive nature is the method chosen by the author to examine the problems in this study. The data used consists of two types, namely primary data and secondary data. Then, the collected data will be analyzed qualitatively. The location of this research is focused in West Sumatra Province, precisely in the Mentawai Islands and Nagari Malalo. The results of this study prove that MHA's forest management rights protection arrangements already exist, but have not been able to guarantee MHA's rights protection. This then also became one of the factors triggering the dispute. Therefore, to answer this problem, a pattern of protection is needed by strengthening and consistency in regulating MHA rights in forest management and simplifying the mechanism for recognition of MHA customary forests by the government. It is hoped that the pattern offered can create certainty and legal order in order to achieve legal justice for MHA for forest management.
Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide Rusman, Rina; Syofyan, Syofirman
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.455-465.2024

Abstract

Forcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discussed
Implementasi Pengaturan Traditional Fishing Rights Dalam Hukum Indonesia Magdariza, Magdariza
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.649-659.2024

Abstract

The concept of an archipelagic state as regulated in chapter IV of the 1982 Convention on the Law of the Sea, called the United Nations Convention On The Law Of The Sea/UNCLOS, was the struggle of several archipelagic countries when an international conference on the law of the sea was held. The Convention stipulates that island states, in exercising sovereignty in certain parts of their territorial waters, must recognize the traditional rights of the people of neighboring island states. These traditional rights are called traditional fishing rights, which are implemented in a certain part of the archipelagic waters of an archipelago. This right is a right that has been carried out for a long time from generation to generation and is carried out using traditional criteria, including that the users of this right are traditional communities, carried out using traditional tools and methods, and the place of implementation is in certain areas of the archipelagic waters of archipelagic countries. This right can only be enjoyed if an agreement has been made between the archipelagic country and its neighboring countries. The provisions regarding traditional fishing rights can be seen in article 47 paragraph 6 and article 51 paragraph 1 of the Convention. Indonesia, as an archipelagic country, has an obligation to recognize and respect traditional fishing rights, and has entered into agreements with several of Indonesia's neighbors, including Malaysia, Papua New Guinea and Australia. These various agreements have also been implemented in Indonesian national law by ratifying these various agreements.

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