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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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Perubahan Bentuk Badan Hukum Perusahaan Daerah Bank Perkreditan Rakyat (PD BPR) Menjadi Perusahaan Perseroan Terbatas Ririen Tri Amanda; Aminuddin Ilmar; Harustiati A. Moein
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.115-125.2018

Abstract

Analisis Perubahan Bentuk Badan Hukum Perusahaan Daerah Bank Perkreditan Rakyat (PD BPR) Kota Makassar Menjadi Perusahan Perseroan Terbatas. Penelitian ini bertujuan untuk menemukan dan menjelaskan proses dan akibat hukum perubahab bentuk badan hukum Perusahaan Daerah Bank Perkreditan Rakyat (PD BPR) Kota Makassar menjadi Perusahaan Perseroan Terbatas. Penelitian ini merupakan penelitian normatif-empiris. Hasil penelitian ini menunjukkan bahwa perubahan Perusahaan Daerah Bank Perkreditan Rakyat menjadi Perseroan Terbatas Bank Perkreditan Rakyat Kota Makassar dilakukan dengan tahap persiapan dimana dalam tahapan ini melalukan revaluasi aset dan audit serta pembuatan anggaran dasar. Hal-hal yang harus diketahui Pemerintah Kota selaku Pengelola Badan Usaha Milik Daerah terkait perubahan bentuk badan hukum. Penyusunan rancangan perubahan bentuk badan hukum Bank Perkreditan Rakyat. Mengajukan permohonan persetujuan perubahan bentuk badan hukum kepada Otoritas Jasa Keuangan. Dikeluarkannya Peraturan Daerah Kota Makassar Nomor 7 Tahun 2016 tentang Perubahan Bentuk Badan Hukum Perusahaan Daerah Bank Perkreditan Rakyat Kota Makassar menjadi Perusahaan Perseroan Bank Perkreditan Rakyat Kota Makassar. Setelah berlakunya Peraturan Daerah tersebut, pelaksanaan perubahan bentuk badan hukum tersebut dilakukan sesuai dengan mekanisme pendirian Perseroan Terbatas sebagaimana tercantum dalam ketentuan Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas yang mana pendirinya dilakukan oleh Walikota. Adapun akibat hukum perubahan bentuk badan usaha Bank Perkreditan Rakyat adalah berubahnya struktur organisasi, manajemen dan penyebutan nama. Kata Kunci : Badan Hukum, Perusahaan Daerah, Bank Perkreditan Rakyat, Perseroan Terbatas.
Penerapan Fungsi Sosial Terhadap Hak Kekayaan Intelektual Di Dalam Masyarakat Chandra Yusuf; Nelly Ulfah Anisariza
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.144-152.2019

Abstract

This article analyzes the position of ideal social functions in IPR which should be regulated by the government. The purpose of writing this article is to examine the social functions of the government to overcome the conflicting intellectual property rights of individuals with the rights of other individuals. This article proves that IPR aims to protect individual intellectual property. The application of IPR has separated intellectual property from the people. Though intellectual property arises in the community. The community environment can provide inspiration to find ideas. Individuals cannot live outside the community. Therefore, intellectual property must provide benefits to the community. Social functions will play a role in overcoming conflicts of intellectual property rights between owners. The dialectic pendulum that sways between the two points of view will stop and produce the most ideal position. In accordance with the dialectic of Hegel which places the initial position (thesis) which has a circle within itself. The negation that occurs makes the change to the final position (anti-thesis), which results in the most recent position (synthesis). If individual discoveries are absolute rights, then other individuals also have the same rights. IPR will be bound in its use in the community. If an individual's intellectual property rights conflict with the rights of other individuals, the government will emphasize social functions in overcoming them.
The Protection of the Rights of the Defendant by the Constitutional Court-The Kosovo Case Adelina Rakaj
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.1-13.2020

Abstract

The aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of the Constitutional Court of Kosovo in protecting the rights of the defendant during a criminal process, based on specific cases decided by the Constitutional Court of the Republic of Kosovo. For more than ten years since the Declaration of its Independence, Kosovo has established a legal system, which provides effective protection for the rights of a defendant. A significant role in this regard was played by the fact that Kosovo directly applies the jurisprudence of the International Court on Human Rights (ECtHR), as a constitutional obligation. Out of all institutions of the legal system in Kosovo, which are obliged to protect the rights of defendants, a determinant role was played by the Constitutional Court in such regards, therefore, this paper presents arguments how the Constitutional Court of Kosovo has become a guardian for protection of the rights of defendants, in compliance with the Jurisprudence of the ECtHR
An Islamic Law Design In The Realm Of The National Legal Politics Winardi Winardi
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.106-119.2021

Abstract

The political dynamics of the national law shows that the existence of the Islamic law has ups and downs following the existing social dynamic and political configuration. It needs serious efforts to dig up and socialize as many as possible noble values contained in the Islamic law. The ways to dig up the values, among others, are to understand philosophical aspects of the Islamic law as mirrored from the kulli (sharia law) serving as the basis of its thought, the goals of the Islamic law (maqashid al-syariat) including their wisdom (hikmah al-tasyri’), and also the concept of human beings according to Islam. The Islamic law as the source of values for rules of laws that will be made, is implemented using how the values of the laws are obtained and then poured down into the national law. The majority of Muslim and Islamic prominent leaders seem to consider that the implementation of the Islamic law may be accommodated without any formal legislation as Islamic law, but by merely integrating principles of the Islamic law into the national law. Such an integration into the national law is probably made especially under the framework of the national law development.
Kepastian Hukum Dalam Kekayaan Intelektual: Perlindungan Desain Industri Melalui Unsur Kebaruan di Indonesia Alfariz Maulana Reza
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.76-86.2021

Abstract

Protection of industrial designs is very important and becomes a priority for national economic development so that Indonesia's strategies and policies in ensuring and providing protection for industrial designs can run effectively, it will be in line with the increasing ability and competitiveness of industrial design creators in national and international free markets. This is in line with the considerations in the Industrial Design Law, which states that in order to advance an industry that is able to compete in the scope of national and international trade, it is necessary to create a climate that encourages innovation. The absence of a clear definition related to novelty in industrial design creates ambiguity and uncertainty for people to innovate, in this paper the approaches used are the statutory approach, the case approach, and the comparative approach. Then legal certainty refers to the application of a clear, permanent, consistent and consequent law whose implementation cannot be influenced by subjective conditions, therefore in order to achieve legal certainty in ensuring that industrial design registration is carried out objectively, the element of novelty is the first registration system. must be supplemented by other elements such as the individual character of the European industrial design protection system.
Regulasi Keinsinyuran dalam Konteks ASEAN Mutual Recognition Agreement on Engineering Services Vicky Septia Rezki; Rina Shahriyani Shahrullah; Elza Syarief
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.36-54.2022

Abstract

Infrastructure development is a benchmark for a country's achievement. Indonesia as developing countries makes various acceleration efforts by increasing the quality and quantity of engineers as the main actor to produce quality development plans. In addition, considering the development of the ASEAN Economic Community (AEC), engineering practice is expected to contribute globally, especially in ASEAN countries. To answer this, the Government of Indonesia issued Act Number 11 of 2014 concerning Engineering and Act Number 2 of 2017 concerning Construction Services. These two Regulation serve as legal protection for the implementation of engineering practice. However, along with the dynamics of political interests, the implementation of these two regulations are actually contradictive and they inherent the ambiguity of the roles of several intersecting institutions related to the engineering profession certification process. Hence this study aims to analyzes the disharmonization of the regulations and to offer solutions. To achieve the aims, the study uses a sociological juridical method that examines the provisions of the two act and examines in depth the realities that exist in society. Beside that, the method use the secondary legal material such as Mutual Recognition Agreement (MRA) on Engineer Service in ASEAN. This article offers a critical approach obtained from the Focus Group Discussion as a public sphere for the gap in engineering practice certification. In this study, it was found that there are gaps in the function and flow mechanism in obtaining competency certificates. This condition has led to a tendency for professional actors to choose an easiest requirement but provide a large access to participate in various government projects. The study concludes that basically the presence of these two acts are beneficial in regulating engineering practices, but they are not supported by massive information and consistency of the government as a regulator and the synergity of the institutions involved in implementing these regulations has not been optimal.
Analisis Terhadap Batasan Adendum Perjanjian Kerjasama Pemerintah dengan Badan Usaha (KPBU) dalam Penyediaan Infrastruktur Fakhruddin, Husni Muhammad; Fauzi, Wetria; Warman, Kurnia
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.49-58.2023

Abstract

Agreements are one of the domains regulated through private legal instruments. However, agreements are not always governed by private legal instruments. Sometimes, public legal instruments also regulate an agreement, especially when it involves government entities. This study aims to examine the extent to which an addendum to a Public Private Partnership Agreement in Infrastructure Provision can be carried out, considering one of the specifications of the procurement mechanism for implementing business entities in the Public Private Partnership scheme, which includes attaching a draft agreement in the Request for Proposal (RfP) document. After a winning Business Entity is selected, the draft agreement is finalized, with the rule that the substance that has been completed cannot be changed. This research focuses on determining the limitations in making an addendum to the Public Private Partnership Agreement in Infrastructure Provision during the draft agreement's finalization and implementation phase. The research method used in this study is empirical legal research, which utilizes primary and secondary data. KPBU agreements are controlled by private legal instruments and regulated through public legal instruments. Even though some provisions do not allow changing the substance being competed for, these provisions are not norms that can be categorized as lex imperfect because if these provisions deviate, they will automatically injure the principles of procurement. Therefore the procurement is not following the principles regulated in the laws – invitation and may result in a failed auction condition.
Intellectual Property Rights as Credit Collateral After Published The Government Regulation Number 24 Year 2022 Hijriya, Shafira; Anggunsuri, Upita
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.269-278.2023

Abstract

The creative economy has grown rapidly in recent years. Indonesia has published Government Regulation Number 24 Year 2022 concerning Implementing Regulations for the Creative Economy, which is expected to be able to realize the hopes of many entrepreneurs in the creative economy to gain access bank credit based on intellectual property. Bank credit guarantees are based on intellectual property and are a breakthrough in creative economy industry, but these regulations give rise to complex problems because the assets being guaranteed, namely intellectual property rights, are intangible assets, so there are concerns that banks will not accept them as credit providers. In addition, the time period for intellectual property protection is limited and there is no organization in place to evaluate intellectual property assets in Indonesia that can be used as credit collateral. The problem approach method used is the empirical juridical method. This research discusses financing based on intellectual property rights schemes and the obstacles or challenges faced by the banking industry with this financing based on intellectual property rights. The implementation on Creative Economy Government Regulation still has many obstacles in its implementation. It can be seen from many things have not been regulated clearly and in detail, for example regarding the form of Intellectual Property Rights credit collateral binding have not been clearly regulated, Intellectual Property Rights valuation mechanism and the appraisal team, execution techniques, secondary market is not available to facilitate execution. The lack of clear regulations has resulted in concerns from banking institutions about channeling credit to the creative economy because it is considered to be high risk.
Proyeksi Konsep Pedoman Pemidanaan Dalam Sistem Peradilan Pidana Di Indonesia: Telaah Perbandingan Hukum Dengan Amerika Serikat Lathof, Muhammad Zuhal Qolbu; Fitriasih, Surastini
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.466-485.2024

Abstract

Since 2020, the criminal justice system in Indonesia has been awarded two sentencing guidelines which can be found in Supreme Court Regulation Number 1 of 2020 concerning Sentencing Guidelines Article 2 and Article 3 of the Corruption Eradication Law and Articles 53 to 56 of the National Criminal Code. However, based on the Academic Text of the National Criminal Code, it is stated that the term sentencing guidelines is a term that is still open to review, because it contains various meanings, so it is still open to developing the term. This article discusses the projection of the concept of sentencing guidelines in the criminal justice system in Indonesia by establishing an independent state institution that has the authority to create and evaluate a sentencing guideline such as the United States Sentencing Commission (USSC) which applies in the criminal justice system in the United States by using law comparative method. The research results show that the concept of sentencing guidelines in Indonesia and the United States both have a rationale for responding to the phenomenon of sentencing disparities and the two countries have their own methods. There are similarities and differences between the sentencing guidelines in Indonesia and the United States. In the equation there is one variable, namely, the variable of the judge's relationship with the sentencing guidelines. Then, in the differences section there are four variables, namely, orientation variables, institutions or stakeholders, form and scope. Then, regarding the need for the formation of an independent state institution that has the authority to create and evaluate a sentencing guideline, it becomes rational in the criminal justice system in Indonesia because predictability in imposing a range of sentences is a fulfillment of the value of law certainty, so that the more the sentence can be predicted, the greater the law certainty for convicts can be fulfilled. Apart from that, this independent state institution also has the authority to provide recommendations to legislators regarding the rationalization of the range of sentences imposed which so far has not been properly rationalized
Perlindungan Hukum terhadap Pekerja Alih Daya dalam Perjanjian Kerja dalam Hal Terjadi Peralihan Perusahaan Penyedia Jasa Fitri, Idul; Khairani, Khairani; Yasniwati, Yasniwati
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.660-671.2024

Abstract

Outsourced labor is a part of employment growth in various economic sectors. As part of the workforce, outsourcing workers must also receive protection for their rights as outsourcing workers. One of the things that needs to be protected is in the event of a transfer of service provider company. Therefore, it is necessary to study the protection of the rights of outsourced workers. In this case, the research was conducted at the M. Zein Painan Hospital. Outsourced workers at M. Zein Painan Hospital must be protected by Indonesian law. The study used empirical research methods by collecting data from related parties, namely outsourcing workers, service provider companies, and service users, in this case, Dr. M Zein Painan. One form of legal protection and certainty, especially for workers, is through the implementation of work agreements. Analysis and discussion of the results obtained are: (a) Forms of legal protection for outsourced workers in work agreements at RSUDi Dr. M. Zein Painan, namely protection of wages, protection of working time, and protection of rest time as well as protection against termination of employment (b) Implementation of work agreements for outsourced workers when there is a change in service provider company can be implemented well with the existence of an agreement Work.

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