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<![CDATA[Kedudukan Negara Sebagai Kreditur Preferen dalam Piutang Pajak dalam Kasus Kepailitan ]]>
<![CDATA[Shafira Hijriya]]>
<![CDATA[ Nagari Law Review Vol 1 No 1 (2017): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.1.i.1.p.33-55.2017
<![CDATA[State has preference right in obtaining repayment of the insolvent company. The position of secured creditors are not affected by the bankruptcy. This means that creditors can exercise their rights as if no bankruptcy occurred, so it will generate inequality among creditors tax receivables (state) with secured creditors. After the bankruptcy decision handed down, the organization of the bankrupt debtor assets will switch to a curator under the supervision of the supervisory judge. Curator duty to sell or transfer the bankruptcy estate to the extent necessary to cover the cost of bankruptcy. Sometimes the sale of the bankruptcy estate is insufficient to pay the debt debtor bankruptcy, including tax. The purpose of this research article was to compare the tax receivable creditor position with secured creditor and other creditors in case of bankruptcy and to know the completion of the allocation of the bankruptcy estate if it is not sufficient to pay the tax debt and other debts under the Bankruptcy and Suspension of Payment Act and the Taxation General Provisions Act. The results of this research article showed that, first, the position of the state as compared to the secured creditor and other creditors in case of bankruptcy under the Bankruptcy and Suspension of Payment Act and the Taxation General Provisions Act is at a higher position than the position of the secured creditor and other creditors because of preference’s rights that take precedence in the repayment of debt of debtor. Second, the completion of the allocation of the bankruptcy estate if it is not sufficient to pay the tax bill and other bills is to give priority to pay off the tax bill is divided in proportion to the ratio of the amount of the bill, respectively, although the rest of the tax bill has not been paid off, is not considered the responsibility of the curator again because the bankruptcy has ended.]]>
<![CDATA[Tanggung Jawab Organisasi Notaris Terhadap Pelaksanaan Magang Calon Notaris Di Kota Padang ]]>
<![CDATA[Tatik Kustiati]]>;
<![CDATA[Azmi Fendri]]>;
<![CDATA[Rembrandt Rembrandt]]>
<![CDATA[ Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.2.i.1.p.124-143.2018
<![CDATA[According to Article 3 letter f of Law Number 2 Year 2014 regarding Amendment to Law Number 30 Year 2004 about Notary Position a Notary candidate should take apprenticeship 24 consecutive months before allowed to practice as a notary. The problem is how the obligation conducted and how is the responsibility notary organization in holding the apprenticeship. The method taken in this research is empirical juridical. The juridical approach is used to analyse the various laws and regulations, while the empirical approach is used to view and analyse the law compare to its practice in society along with all its aspects. Because in this research examining people in relation of life in society, hence method of empirical law research can be regarded as research of sociological law which is branch of law of law (socio legal research in sociological jurisprudence) because legal research is taken from facts that exist in a society. The research was held in Notary organization known as Indonesian Notary Association in Padang . The research show that the Notary organization plays an important role in conducting apprenticeship for notary candidate, by permit their office chosen to hold apprenticeship. The each notary has also provided the notary candidate skill and knowledge that will be very useful for next practice. Each Notary candidate is required to attend the internship as one of the requirements to be able to follow the Notary Code of Ethics Examination which is preceded by Examination of Extraordinary Member in order to be appointed Notary]]>
<![CDATA[Fungsionalisasi Undang-Undang Darurat, Nomor 1 tahun 1951 sebagai Suplementasi dari Pasal 284 Kitab Undang-Undang Hukum Pidana Indonesia ]]>
<![CDATA[Henni Muchtar]]>;
<![CDATA[Muhammad Prima Ersya]]>
<![CDATA[ Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.3.i.1.p.78-88.2019
<![CDATA[The Penal Code of Indonesia as the heritage of Colonial Regime, in some instances is not in line with the people of Indonesia. One of them is that the article 284 concerning the prohibition of adultery, that has difference in concept with the values owned by Indonesian people. Therefore, there should be a breakthrough that the article adopts contemporary condition and be in line with the way of life of the people of Indonesia, especially related the first pillar of Pancasila, that is believe in one God. The purpose of this article is to discuss and convey the idea of the existence of Emergency Law No. 1 of 1951 concerning Temporary Measures in Organizing the Unity of the power and procedure of Civil Courts as supplementation of the article 284 of the Penal Code. This research applied normative juridical method and applicable law approach. The result of this study finds that Article 284 of the Penal Code could basically be accepted as one of the offense entities, but it is considered as lack Indonesia's spirit, even some consider that it not as a form of values in Indonesia people. The compliance between the law and the nation’s spirit is very important because the nation’s spirit is a source of material law that creates people’s legal awareness, as a guideline for law enforcement, as well as a source of the people’s law obidience. Considering the weaknesses and limitations of the article 284 of Penal Code in regulating adultery and the controversy of several articles in the draft Criminal Code which ended by the suspension of enactment and implementation, the Emergency Law No. 1 of 1951 can be enforced as supplementation of th article 284 of the Penal Code in order to maintain the balance and order in the society]]>
<![CDATA[Impact of Withdrawal State Parties in 1998 Rome Statute of the Existence of International Criminal Court ]]>
<![CDATA[Sandy Kurnia Christmas]]>
<![CDATA[ Nagari Law Review Vol 4 No 1 (2020): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.4.i.1.p.28-37.2020
<![CDATA[The International Criminal Court is an international criminal justice institution established in the context of struggle against impunity. Eighteen years of operation of the ICC since 2002, ICC experienced a case where the state it one by one withdraw from membership, such as South Africa, Burundi, Gambia and the Philippines, which is due to the inclusion of ICC investigations related to these state as well as several reasons related to the existence of discriminatory ICC judicial operations patterns. What is the implementation of ICC legal norms by state parties, and how the impact on the existence of ICC is what will be discussed in this study. The research method used is Socio-Legal Research, which examines the relationship between juridical and political aspects. The results of this study conclude some evidence related to the implementation of ICC legal norms by withdrawing party states, such as the background to ratifying the Rome Statute 1998, the implementation of the law, and the reasons for withdrawing the country, as well as some juridical and political impacts affecting the existence of the ICC.]]>
<![CDATA[Urgency of Electronic Wallet Regulation in Indonesia ]]>
<![CDATA[Kendry Tan]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.5.i.1.p.1-14.2021
<![CDATA[The payment system in Indonesia has undergone significant changes to date. Starting from the barter system to the existence of an electronic payment system. This change is caused by the development of technology, which has an impact on changing people's lifestyles. The payment system has been known to the public since 2014 when Bank Indonesia issued the National Non-Cash Movement (GNNT) policy. This policy aims to create a cashless society eco-system while at the same time introducing the advantages of electronic payments to the public. Electronic payments are considered safer, more efficient, and easier to track. However, electronic payments are also inseparable from their shortcomings. The electronic payment system, which is relatively new in Indonesia, will face several problems, especially with the legal system. Until now, there has been no law specifically regulating electronic payment systems, specifically E-wallet. This legal vacuum will cause problems both in terms of security and legal protection for users. This study aims to find out the problems that will arise from the E-wallet and provide solutions to the problems raised from a legal perspective. The research method used is normative juridical, using a conceptual approach and a statutory approach to review E-wallets in Indonesia. The results of this study indicate that several problems arise from electronic payments. Therefore, regulations are needed to protect user security, oversee the smooth implementation of E-wallet and maintain Indonesia's economic stability.]]>
<![CDATA[Wisata Halal Pengembangan Pariwisata Berbasis Nagari Menuju Wisata Halal Di Sumatera Barat ]]>
<![CDATA[Dian Amelia]]>;
<![CDATA[Ulfanora Ulfanora]]>;
<![CDATA[Arya Putra Rizal Pratama]]>
<![CDATA[ Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.5.i.2.p.192-202.2022
<![CDATA[Minangkabau nature which has beauty, diversity of customs, the majority of which are Muslim, has beautiful nature, mountainous destinations and beautiful beaches, which are a halal tourist attraction in Indonesia in general, West Sumatra in particular. As the main destination for world tourists from other Islamic countries such as Malaysia, Dubai and others. Because West Sumatra is one of the halal tourist destinations, and the lowest government in West Sumatra is Nagari, it is interesting to study..This study uses a legal research method with an empirical/sociologicalapproach legal study(socio legal study) and normative (normative legal study ). The results of the study explain that the prospect of halal tourism that can be developed needs to be socialized to the City and Regency Governments and Nagari Nagari which have tourism potential. to be developed and managed by forming policy policies that are sourced from the Nagari Potential which will later give birth to policies that can contribute to Nagari PAD.]]>
<![CDATA[Penyelenggaraan Jaminan Hari Tua Terhadap Asisten Rumah Tangga Yang Bekerja Pada Orang Perseorangan Pasca Diberlakukannya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja ]]>
<![CDATA[Gusminarti, Gusminarti]]>;
<![CDATA[Fithrina, Hendria]]>
<![CDATA[ Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.6.i.2.p.158-169.2023
<![CDATA[To achieve the government's goal of providing decent work for the community as accommodated in the Constitution Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as regulated through a derivative regulation of Law Number 13 of 2003 which regulates Manpower. The presence of this arrangement provides certainty to the workforce who are people who can do work to produce goods and services both to meet their own needs and for the community. However, over time, there were several changes to the regulations with the presence of the Job Creation Act which reduced the labor guarantee. In this regard, the author will examine several problems, namely: how is the protection of old-age insurance in the social security system for workers in Indonesia, how is the application of the rules for the protection of old-age insurance to the participation of household assistants who work for individual employers, what appears in providing this old-age insurance protection for household assistants, and what efforts will be made by the Manpower Office in embracing household assistants to become participants in the old-age insurance protection. With the presence of several problems that will be studied by the author using a normative juridical research method that will focus on labor legislation, this is also strengthened by a qualitative approach method. The presence of an effort to protect the workforce by providing Old-Age Security protection, especially to Household Assistants, is the answer that we want to produce for efforts with the presence of regulations that protect ART in Indonesia]]>
<![CDATA[Wakaf Produktif dan Peranannya dalam Mengentaskan Kemiskinan di Indonesia ]]>
<![CDATA[Yasniwati, Yasniwati]]>
<![CDATA[ Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.7.i.1.p.192-198.2023
<![CDATA[Waqf is one of the Islamic philanthropies that can help people get rid of poverty. Productive waqf is one of the economic media that we can use to help the government in terms of poverty alleviation. As one of the pillars of community welfare, waqf institutions have a significant role that can be felt by the community, especially in improving people's lives, especially when productive waqf is managed by professional nazhir such as schools established by waqf-based foundations where schools are free, then also the people who are around the school also feel the benefits such as they can trade around the school and the results of their efforts can help to fulfill their daily needs. The potential of productive waqf today if it is managed by a professional nazhir then productive waqf can realize people's welfare and help the government in eradicating poverty]]>
<![CDATA[Optimalisasi Bagi Hasil pada Akad Musyarakah ]]>
<![CDATA[Thahirah, Afifah]]>;
<![CDATA[Halim, Abdul]]>
<![CDATA[ Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.7.i.2.p.390-400.2023
<![CDATA[Financing people's businesses from Sharia banks is essential in supporting the development of small and medium enterprises and promoting Islamic economic principles based on justice and sustainability. So, from this problem, the problem formulation can be taken as follows: How to Optimize Profit Sharing in Musyarakah Contracts. The research method used is normative law, namely a legal research method that places law as a building system of norms. The data analysis technique uses qualitative methods, namely descriptive research, which tends to use analysis. Two methods can be used to optimize the calculation of the profit-sharing ratio in Musyarakah. They are profit-sharing and revenue-sharing. Profit sharing is the distribution of investment results based on the net profit obtained from the business. In contrast, revenue sharing is the distribution of investment results based on the gross income received from the business. The method chosen must be adjusted to the agreement between the Musyarakah partners and the business's conditions. Optimizing profit sharing aims to ensure that each party shares responsibility and risk fairly, according to their respective capital contributions and participation.]]>
<![CDATA[Konfigurasi Politik UU Cipta Kerja, Dan Implementasi Putusan MK Nomor 35/PUU-X/2012: Masa Depan Kedaulatan Atas Penguasaan Hutan Adat ]]>
<![CDATA[Gusman, Delfina]]>;
<![CDATA[Raspati, Lucky]]>
<![CDATA[ Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.7.i.3.p.592-605.2024
<![CDATA[This paper aims to describe the implications of the legal-political configuration of the Job Creation Law and the implementation of Constitutional Court Decision Number 35/PUU-X/2012. The data used in this study are legal materials in the form of writings published by previous researchers related to the object of this study, and materials in the form of laws and Constitutional Court decisions. These primary and secondary materials will be analyzed and interpreted qualitatively. This study finds that the Job Creation Law is an orthodox legislation formed by an authoritarian political configuration that has undermined the mandate of Constitutional Court Decision Number 35/PUU-X/2012 and has implications for the constitutional rights of customary law communities by revoking their constitutional rights over their customary forests.]]>
