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 212 Documents
 3   4   5   6   7 
The Effectiveness Of Qanun Aceh No. 6/2014 Of Jinayat Law In Order To Prevent Jinayah Khalwat In Law Territory Of Sabang Municipality Webby Aditya
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.191-198.2018

Abstract

Article 23 paragraph (1) of Aceh Islamic Criminal Law No 6 of 2014 tells about Indecency (Jinayat) law which regulates the criminal punishment for the perpetrator of jarimah khalwat. This article is expected can minimize the crime rate of the indecent (jinayah) behavior perpetrator. However, in fact the number of jarimah khalwat perpetrator increase steadily as what happened in Sabang Municipality law area. It proves that there were two legal issues, what is the causes of the ineffectiveness of the indecency (jinayat) law in minimizing the number of jinayat perpetrator in Sabang Municipality? This research was aimed to know the obstacle of the increasing jinayat khalwat issue which make jinayat law become ineffective in minimizing jinayat khalwat perpetrators in Sabang Municipality, and to know the efforts conducted by the Civil Service Police Unit, Sharia Policy, and Office of the District Prosecutor General of Sabang Municipality and to know the factor which causes the number of jinayah khalwat perpetrator in Sabang Municipality. The research method used in this research was empirical juridical empirical using case approach, historical approach, comparative approach, conceptual approach, and statute approach). The research result shown that there were 3 effectiveness obstacle factors of jinayat law in Sabang Municipality, the first obstacle of jinayat law is the bad regulation because the punishment is an alternative not a cumulative and for those who deal with the jinayat law is potentially punished with canning punishment in public, the application of jinayat law normatively is in contrary with the basis of personality and territoriality which causes this law contrary with the fair legal system (due process of law). The second factor which becomes the obstacle related to quality and quantity of the human resource of the law enforcement, law understanding and the number of personnel investigator of the Civil Service Police Unit and Sharia Police of Sabang Municipality was limited. The third factor, there is no special jinayah prison cell in the Civil Service Police Unit and Sharia Police of Sabang Municiplaity
Hubungan Logika Hukum dengan Argumentasi Hukum melalui Penalaran Hukum Misnar Syam; Yasniwati Yasniwati
Nagari Law Review Vol 2 No 2 (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.2.i.2.p.195-202.2019

Abstract

Logic is a thinking activity to do systematic reasoning to produce conclusions which are the art of thinking in a straight, precise and orderly manner. Logical nature is a special nature of law which means that in a reciprocal relationship between legal norms in accordance with the principles of logic. So the relationship between logic and law is from its logical nature which is in accordance with reason. Legal argumentation is the result of legal reasoning. Legal reasoning is the application of principles of right thinking in (logic) in understanding the principles, rules, data, facts and legal propositions. Legal reasoning is derived from logic as a science of valid conclusions from various legal facts, problems, and propositions. Law logic is reasoning to find the legal basis contained in a legal event whether it is a legal act or a violation of law and includes it in a regulation existing law. So the relationship between legal logic and legal arguments is legal arguments based on legal logic.
Mengkaji Ulang Gagasan Pengadilan Khusus Pemilihan Umum di Indonesia Delfina Gusman
Nagari Law Review Vol 3 No 2 (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.3.i.2.p.70-83.2020

Abstract

General elections are a means of democracy to elect leaders who will carry out the wheels of government for a certain period of time, through legitimate power transfer procedures by involving public participation. Elections are the crystallization of popular sovereignty in procedural mechanisms. But often in the implementation of procedural democracy this is followed by fraudulent actions that tarnish the true nature of democracy (substantial democracy). Therefore, we need a law enforcement agency for every action that can damage the essential meaning of democracy and elections in Indonesia. The idea of a special court emerged as an alternative to electoral dispute resolution in the study of Indonesian constitutional law, however this idea needs to be discussed in more depth from various aspects to see its relevance to the Indonesian constitutional system, given that long before there was the idea of a special election court, Indonesia already had a number of institutions that given a mandate and authority to resolve disputes related to elections. This paper uses normative juridical methods in its study and is supported by secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is qualitative analysis. The results of the study revealed that the idea of establishing an electoral special court was the idea of state administration which emerged amidst the struggle to substantially improve the quality of democracy. However, in its formation, it does not only require clear legal politics, but also requires a holistic study of the mechanism and flow of resolution and models of electoral dispute resolution. The parameter that needs to be used in examining the idea of a special electoral court is to measure the extent and importance of elections for Indonesian democracy. because the more important the meaning of the election is the presence of special election court more worthy of consideration
Eksistensi Asosiasi Fintech Dalam Pengawasan Peer To Peer (P2P) Lending Almaududi Almaududi; Ihsani Mazelfi
Nagari Law Review Vol 4 No 2 (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.4.i.2.p.175-187.2021

Abstract

Financial Services Authority Regulation Number 77 / POJK.01 / 2016 and Number 13 / POJK.02 / 2018 not only regulated the Fintech P2P Lending's operational activities but also became the basis for the creation of the Fintech Association. Based on Article 48 POJK 77/2016 jo. Article 21 POJK 13/2018, OJK appoints a Fintech Association (AFPI) which functions to establish a Code of Ethics and provides several regulations that have not been regulated by OJK. In this connection, problems arise related to order, the role and function of the Fintech Association in monitoring Fintech P2P Lending. It is worth questioning the basis and consideration of the OJK in establishing and making the Fintech Association an institution that joins Fintech P2P Lending. It is also necessary to analyze the extent to which the role or existence of the Fintech Association in realizing a balance between the principles of consumer protection and prudence with innovation and competition.
Menelaah Narasi Kebijakan Pajak Daerah Dalam UU No. 1 Tahun 2022: Sebuah Tinjauan Literatur Chessa Ario Jani Purnomo; Isnu Harjo Prayitno; Dian Ekawati
Nagari Law Review Vol 5 No 2 (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.5.i.2.p.128-141.2022

Abstract

The development of a local tax system is one of the policy themes of Law No. 1 of 2022. However, Law No. 1 of 2022 focuses exclusively on material tax law, such as adjustments to local tax tariffs, and makes no reference to formal tax law, such as the renewal of regional tax collecting methods. Whereas tax law can theoretically be classified into two categories, namely material tax law and formal tax law. The article employs a legal doctrinal method with a conceptual approach. This article advances the theoretical argument that fiscal decentralization is top-down in nature, that changes in local tax policy are made purely to fulfil national fiscal objectives, not to build regional tax systems in response to regional efforts. The paper begins with a discussion of fiscal decentralization, the policy narrative underlying Law No. 1 of 2022, and the pressing need to change municipal tax collecting policies. The study concludes that there is a policy imperative to strengthen municipal tax collection rules to keep pace with the policy environment's evolution in the digital and internet+ (internet plus)
Peran Lembaga Arbitrase Sebagai Non-Litigious Minded Terhadap Penyelesaian Sengketa Bisinis Berkeadilan Substantif Tasman Tasman; Zulkifli Zulkifli; Ulfanora Ulfanora
Nagari Law Review Vol 6 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.6.i.2.p.95-101.2023

Abstract

Beda pendapat atau sengketa dalam konteks bisnis sering terjadi, dan Indonesia memiliki sebuah Lembaga penyelesaian sengketa alternatif yaitu Arbitrase. Menurut pendapat para ahli, Arbitrase merupakan salah satu cara penyelesaian sengketa yang melibatkan pihak-pihak yang bersengketa untuk sepakat dalam memilih hakim atau para hakim yang akan mengambil keputusan, dan para pihak juga harus sepakat untuk menghormati keputusan yang diambil oleh hakim tersebut. Hingga saat ini masih dominannya penyelesaian sengketa para pihak melalui peradilan (litigation) meskipun penyelesaian alternatif sengketa (non-litigation) sudah diatur melalui peraturan perundang-undangan. Implementasi Lembaga Arbitrase berdasarkan prinsip non-litigious minded sebagaimana penyelesaian sengketa secaramusyawarah dan mencari perdamaian para pihak sehingga meminimalisir permusuhan ataupun dendam dari para pihak bersengketa. Permasalahan penelitian ini adalah pertama, Bagaimana Pelaksanaan Penyelesaian Sengketa Bisnis melalui Arbitrase di Indonesia berdasarkan Prinsip Non-Litigious Minded. Kedua, Bagaimana Para pihak Menghormati Putusan Arbitrase Terhadap Penyelesaian Sengketa Bisnis. Penelitian ini menggunakan metode yuridis normative yang dimana menggunakan sumber data penelitian studi kepustakaan yang menggunakan sumber data sekunder seperti dokumen-dokumen resmi, buku, laporan penelitian, skripsi, tesis, disertasi, dan peraturan perundang-undangan yang berkaitan dengan objek penelitian yang sedang diteliti. Adapuun bahan hukum yang dikumpulkan melalui kajian pustaka meliputi: bahan hukum primer, bahan hukum sekunder, dan bahan non-hukum
Penguatan Fungsi Pengawasan Pemerintah Kota/Kabupaten Dalam Penggunaan E-money Brizzi Sebagai Alat Bayar Retribusi di Sumatera Barat Andora, Hengki; Gusminarti, Gusminarti; Romi, Romi; Siagian, Abdhy Walid
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.117-133.2023

Abstract

Levies are a source of original regional income as regulated in Article 285 Paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The authority to collect levies is regulated in Article 23A of the 1945 Constitution, then implemented by Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. So far, retribution collection has been carried out in cash, and along with technological developments, this method is no longer suitable, so it has been replaced with electronic money. This provision is based on Bank Indonesia Regulation Number 20/6/PBI 2016 concerning E-Money and is reinforced by the Circular Letter of the Minister of Home Affairs Number 901/1866/SJ /2017 which regulates the Implementation of Non-Cash Transactions and Presidential Instruction Number 10 of 2016 concerning Prevention and Eradicating Corruption. West Sumatra, as one of the provinces in Indonesia, has implemented the use of E-Money facilities in 2019 through E-Money Brizzi issued by Bank Rakyat Indonesia. It's just that in practice there are deviations in implementation so that we don't get maximum results. In connection with this, the author conducted research with the title "Strengthening the Supervision Function of the Use of Brizzi E-money as a Means of Paying City/Regency Levy Fees in West Sumatra". The areas used as samples. research is Padang City, Pariaman City, and Bukittinggi City with the main problems being researched. How to strengthen the monitoring function regarding the use of e-money Brizzi as a means of paying levies in cities/regencies in West Sumatra? From the research results, strengthening the monitoring function of the use of E-Money Brizzi in City/Regency governments in West Sumatra can be carried out by the parties, namely BRI as the Issuer of E-Money Brizzi and Bapenda as the user of the E-Money Brizzi facility in collecting levies. Meanwhile, the problems found in strengthening the supervisory function for the use of these facilities are incomplete regulations as a legal umbrella to serve as technical guidance in monitoring the use of facilities at each collection agency, and there is still a lack of education and outreach to the public by the parties.
Distintion Principle dalam Hukum Humaniter sebagai Jaminan Penghormatan Terhadap Hak Asasi Manusia dan Perspektifnya Menurut Syari’at Islam Palupi, Dwi Astuti; Rosra, Deswita
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.327-340.2023

Abstract

Human rights violations often occur when war / armed conflict disputes occur that cause damage and destruction, even involving people who are not involved in the war. Humanitarian law has firmly regulated the protection of victims who are not active in the war by applying the "Distinction Principle”. This "Distinction Principle" is also regulated in the Islamic legal system. Islamic law strictly distinguishes between combatants and non-combatants as far as the non-combatant population consists of women and the elderly who do not participate in war. Islamic law also prohibits killing children because they are among the weak and powerless to kill or participate in war. This writing aims to discuss the meaning of the Distinction Principle according to Humanitarian Law in the framework of respect for human rights and to understand the Distinction Principle in the Islamic Shari'a Perspective. In writing this article, normative legal methods, namely library research, were used on library materials to obtain secondary data, then the data was analyzed qualitatively. The study's results regarding the protection of human rights are closely related to the nature and limits of human rights, which are the basis for the protection of human rights. Islamic law has regulated the distinction principle in Humanitarian Law both in the Qoran and Hadist.
Model Perlindungan Hukum Terhadap Perempuan dan Anak Korban Tindak Pidana Kekerasan Melalui Pedoman Kejaksaan No. 1 Tahun 2021 tentang Akses Keadilan Bagi Perempuan dan Anak dalam Penanganan Perkara Pidana Zurnetti, Aria; Mulyati, Nani; Nova, Efren; Afrizal, Riki
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.527-543.2024

Abstract

Prosecutor's Guidelines Number 1 of 2021, concerning Providing Access to Justice for Women and Children Involved in Criminal Proceedings, is significant progress in strengthening legal protection for victims of violence, especially in the West Sumatra Province, Indonesia, where law enforcement officers are concentrated. In the past, criminal procedural law seemed to primarily regulate the safeguarding of the rights of offenders, as mandated by Law Number 8 of 1981 regarding Criminal Procedure. In contrast, recent legal developments and breakthroughs, exemplified by this Guide, indicate a significant shift in focus toward protecting victims and witnesses, thereby overcoming the phenomenon of victimization. This article discusses problems in investigations carried out in the jurisdiction of Padang, Bukittinggi, Payakumbuh, Batusangkar, Pesisir Selatan, Pasaman, and Pariaman District Attorneys. Initially, an overview of the circumstances surrounding the issuance of Guideline No. 1 of 2021; then a study will be carried out on the application of the principles of protection of children and women in the prosecution process throughout the region; and finally, the development of legal protection models to ensure that children and women victims of violent crimes have access to justice. The research method used is sociological, legal research with a descriptive approach, utilizing primary and secondary data. This research finds an effective model of legal protection for women and children victims of violent crimes so that they can access justice in the criminal legal process. Therefore, it is recommended that law enforcement agencies have a deeper understanding of legal protection for victims of violence and contribute to increasing access to justice for women and children in criminal cases in the jurisdiction of the West Sumatra High Prosecutor's Office.
Penerapan Teori Pada Hakikatnya Dalam Menafsirkan Tindak Pidana Narkotika Susilo, Erwin; Sembiring, Eddy Daulatta; Asih, Wigati Taberi
Nagari Law Review Vol 8 No 1 (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.8.i.1.p.51-64.2024

Abstract

Narcotics crimes are classified as a serious crime. Therefore, good law enforcement is needed to overcome crime, primarily related to the implementation of articles of narcotic crime in the trial. There is a significant urgency to implement law enforcement methods to handle narcotics crimes. This study explores the method of interpretation options for judges in granting a judgment in case an act is proven valid and convincingly guilty in narcotics cases. This study uses normative legal research methods or doctrinal legal research, in which the researchers will study the application of criminal offenses by law enforcers. The researcher is guided by the objectives of punishment adopted by the related regulations, criminal procedural law, and material criminal law. This study finds alternative interpretations for judges in determining which articles are legally and convincingly proven guilty of narcotics crimes as regulated by the law. Thus, this research provides insight into the importance of integrating theory and practice in criminal law for narcotics. The study also recommends strategies to increase the effectiveness of just law enforcement in narcotics cases.

Page 5 of 22 | Total Record : 212

 3   4   5   6   7 

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