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<![CDATA[Harmonisasi Hukum Tindak Pidana Eksploitasi Seksual Anak Pasca Diratifikasinya Protokol Tambahan Konvensi Hak Anak ]]>
<![CDATA[Ahmad Sofian]]>;
<![CDATA[Batara Mulia Hasibuan]]>
<![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.25-32.2017
<![CDATA[Sexual exploitation of children is a crime that makes children not only as sex objects as well as commercial objects. This terminology comes from an international criminal law instrument, Commercial Sexual Exploitation of Children (CSEC). In the national context, this terminology has not been mentioned in national criminal law, even academic studies on this issue have not been widely practiced. In addition, the crime of child sexual exploitation has not been regulated in a special article. The terminology found is only about child sexual violence, whose meaning is different from child sexual exploitation. Indonesia has ratified the Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC), it is important to harmonize national laws related to the crime of child sexual exploitation. This research is normative law research, with approach of legislation. This study found that post-ratification of OPSC through Law no. 10 Year 2012, no steps have been taken to harmonize national criminal law related to child sexual exploitation as required in OPSC, so that measures to improve national law and measures to tackle this criminal problem have not been followed in accordance with the standard desired by OPSC. Therefore, it is recommended that the government immediately take steps to transform the current national law of child protection by incorporating aspects of child sexual exploitation as set forth in the OPSC into the R-Criminal Code and in the revision of the Child Protection Act.]]>
<![CDATA[Penentuan Harga Jual Beli Tanah Dalam Pemungutan Bea Perolehan Hak Atas Tanah Dan Bangunan Di Kota Pekanbaru ]]>
<![CDATA[Eka Yulianti Alwi]]>
<![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.25-41.2018
<![CDATA[The transfer of rights due to the sale and purchase of land and or building by an individual or entity may incur tax liability, usually called Tax on Right on Land and Building Granting or BPHTB as local tax imposed to a buyer. The basis for imposition of BPHTB is the Value Object Tax (NPOP) or the transaction price. If the NPOP is unknown or lower than the Taxable Sales Value (NJOP) of the tax on Land and Building (PBB) in the year of acquisition, the tax basis used is NJOP PBB. The BPHTB payment is based on the Self-Assessment System, in which the taxpayer is trusted to calculate his self. This article is aimed to determine of the sale and purchase price of land in the collection of BPHTB in Pekanbaru City. The research concludes that the determination of the sale and purchase price of land by Local Income Office or BAPENDA in collecting BPHTB is through adjustment of NJOP at Letter of Owed Tax Announce (SPPT) of PBB at the time of reporting SSPD BPHTB compared to the location of the object BPHTB by the Land Value Zone Appraiser( ZNT), or by conducting a field inspection of the BPHTB object of a sale and purchase agreement made by a Notary is referred to as a Deed of Sale and Purchase Agreement or PPJB fulfilling the conditions stipulated in Article 1320 of the Civil Code will be the basis in forming of AJB by PPAT and SSPD BPHTB form which has been filled completely the taxpayer along with the required payment proof for the verification of SSPD BPHTB form.]]>
<![CDATA[Strategi Penegakan Hukum Progresif untuk Mengembalikan Kerugian Negara dalam Tindak Pidana korupsi Melalui Pidana Uang Pengganti ]]>
<![CDATA[Ade Mahmud]]>
<![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.1-12.2019
<![CDATA[The problems in payment of compensation for state’s loss in a verdict of corruption case factually raises injustice, because its implementation is hampered by the rules that give the convicted the opportunity to choose substitution punishment, that is prison punishment. This problem will cause the objective to recover the state loss due to corruption act will not be achieved. Therefore, there should a study on the policy regarding the punishment of compensation for state loss. This research is aimed: first, to find out the implementation of compensation of state losses in a corruption case, and the second is to find out a progressive legal strategy to recover the state losses through compensation punishment. This research finds that the implementation of the compensation punishment is not effective to recover the state's loss as a whole, because the judges has positivistic and compromise view and base their decision just on the formulation of article 18 paragraph (3) of Law No. 31 of 1999 concerning Corruption Eradication that gives opportunity for a convicted person to choose a substitution punishment instead of paying the compensation. The fact shows that the convicted person prefers to choose substitution punishment instead of paying the compensation. This will cause that the state loss cannot be recovered. The strategy to implement progressive law to recover the state losses through the payment of compensation can be done, first by confiscating the assets of the convicted since the beginning the investigation. The strategy will enable the prosecutor to find a breakthrough for the rigidness of written law and make possible for the prosecutor to confiscate the assets as long as one month after the verdict is due. The second strategy is by performing so-called contra-legal measures by imposing a compensation punishment based on Article 18 paragraph (1) b of Law No. 31 of 1999 concerning Eradication of Corruption and ignoring the provisions of Article 18 paragraph (3) that is without substitution punishment, but it must be preceded by a collateral confiscation of the convicted assets.]]>
<![CDATA[Penerapan Pengaturan Trading In Influence Dalam Pembaruan Undang-Undang Tindak Pidana Korupsi ]]>
<![CDATA[Yolanda Islamy]]>
<![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.38-47.2020
<![CDATA[Since the reforms, cases of corruption and abuse of power still occur frequently. Corruption is categorized as an extraordinary crime. This is the background for the birth of UNCAC. As a country that has ratified UNCAC, Indonesia has not yet adopted the trading in influence arrangement in its positive law. In fact, if examined, there are several cases that clearly have an influence trading dimension but are often equated with bribery. Therefore, the writer in this study discusses the difference between bribery and trading in influence in eradicating criminal acts of corruption, as well as the urgency of applying the rule of trading in influence in reforming the criminal acts of corruption in Indonesia. 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 trading in influence often has a similarity to bribery. However, there are fundamental differences between trading in influence with bribery, including: differences in the form of good deeds of trilateral relationship / bilateral relationship, legal subjects, forms of actions relating to authority or forms of acceptance of the two acts. The adoption of the provisions of trading in influence into Indonesia's positive law becomes an important urgency, although Indonesia has set its own provisions in the Draft Criminal Code, but these provisions still have weaknesses and do not accommodate all the provisions contained in UNCAC. Efforts to apply trading in influence can be made with the renewal of the Corruption Eradication Act.]]>
<![CDATA[Regulatory Arrangement in the Walfare Sector using the Omnibus Law Method ]]>
<![CDATA[Vivi Oktaviani Pulukadang]]>;
<![CDATA[Novendri Mohamad Nggilu]]>;
<![CDATA[Fence M. Wantu]]>
<![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.15-22.2021
<![CDATA[Pancasila and the 1945 Constitution describe Indonesia as a welfare state. In order to cause this happen, many regulations have been formed, which to this date have not been able to bring comfort and splendor in implementing the welfare of the Indonesian people. The number of regulations has actually brought Indonesia to the brink of regulatory obesity and resulted in ineffective regulations in the welfare sector. This study aims to provide an overview of solutions to various welfare problems in Indonesia through regulatory arrangement using the omnibus law method. It represents a normative study using a legal approach and conceptual approach. The results indicate that the application of the omnibus law method can be an innovative alternative without violating the Indonesian legal system. It is because the application of the omnibus law method begins with a legal transplant, which comprises several provisions: The omnibus law approach pattern is limited per sector/theme; (2) simplification of law using the omnibus law method is carried out by measuring the relevance of a regulation with basic criteria; (3) the formation of regulations using the omnibus law method using comprehensive, multidisciplinary and multi-sector approach; (4) the application of the omnibus law method as a whole must be oriented to Pancasila, the 1945 Constitution and Law Number 12 of 2011. Regulatory arrangement with the omnibus law method can not only provide effectiveness but also overcome regulatory obesity for more satisfactory legal system and administration of welfare.]]>
<![CDATA[Tanggung Jawab Hukum Dokter Dalam Pelayanan Kesehatan Oleh Perawat Terhadap Klien (Pasien) ]]>
<![CDATA[Sudjana Sudjana]]>
<![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.203-217.2022
<![CDATA[This study aims to determine the legal relationship of doctors, nurses, and patients as well as the principle of legal responsibility of doctors in health services by nurses to patients. The approach method used is normative juridical with emphasis on secondary data, namely primary, secondary, and tertiary legal materials. Study results: (1). The legal relationship between doctors and nurses is based on delegation and mandate attribution. The nurse and client relationship is interpersonal and professional, which is subject to the Nursing Act. The doctor and patient relationship is based on the theurapetic transaction through voluntary representation (Article 1354 of the Civil Code) and the validity of the agreement (Article 1320 of the Civil Code). (2). Legal responsibility related to the mandate given by the doctor to the nurse remains with the doctor, so that if the action taken by the nurse is not in accordance with the SOP it becomes the nurse's responsibility in accordance with the principle of liability based on fault. However, doctors are responsible based on the principle of vicariuos liability. Whereas in the delegation, if the nurse's actions are not in accordance with the SOP and cause patient losses, the responsibility of the nurse is in accordance with the principle of liability based on fault. If health services by nurses are in accordance with the SOP but cause harm to patients both in the mandate and delegation, doctors and nurses are not responsible because it is a medical risk.]]>
<![CDATA[Management Of Food Security In Asean Economic Community And The Implication To Indonesia ]]>
<![CDATA[Delfiyanti, Delfiyanti]]>
<![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.170-177.2023
<![CDATA[The blueprint of regional integration plan of ASEAN Economic Society 2005 involves an agenda of food security to improve of chain of value and regional participation globally by increasing production of food efficiency, infrastructure and technology improvement, quality conformation and food security with the global standards and investment encourage of agriculture in ASEAN. The roadmap of food security achievement of ASEAN economic society available in framework of ASEAN Integrated Food Security (AIFS) and Strategic Plan of Action on Food Security (SPA- FS) of 2020-2025. The achievement of implementation is important in sustain the ASEAN member-states to implement the development strategy of food supply chain in firm and powerful. The agreement consists of manual and recommendation not legally binding to implement voluntarily by the member-states to ensure the food security, nutrition upgrading and long-term farmer life in ASEAN. Domestically, it is a chance for Indonesia to cooperate on food security with the other member-states of ASEAN.]]>
<![CDATA[Konstruksi Pertimbangan Hakim: Pengakuan Identitas Jenis Kelamin Seorang Transgender Dalam Fase Sintonik ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Simanjuntak, Elisa Nilla Sari]]>
<![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.199-211.2023
<![CDATA[The societal stance on transgender individuals elicits various reactions, ranging from acceptance to rejection. This, in turn, has a significant impact on the discriminatory treatment that gender reassignment applicants receive from the community. Generally, individuals who seek gender reassignment do so due to discomfort with their gender identity. As such, transgender individuals strive to assert their right to change their gender. In Indonesia, the legal basis for gender reassignment is not positive, as there is no specific regulation governing gender reassignment. However, Article 56 of Law Number 24 of 2013, which amends Law Number 23 of 2006 concerning Population Administration, indirectly provides an opportunity for transgender individuals to apply for a change in their gender status through a court decision. Essentially, judges cannot dismiss a case due to a lack of legal basis and must instead create laws by exploring the existing laws in society. This is what is referred to as "judge-made law." The recognition of transgender individuals' gender identity in the Wates District Court provides a legal basis for gender identity rights. This research uses a normative research method with a legislative and conceptual approach. Qualitative research data is used to collect literature study data. The research aims to determine the legal basis for the Wates District Court's consideration in determining gender reassignment cases and to analyze the case's decision based on the legal basis's value. The study's results show that the Wates District Court considers the applicant's background, physical and psychological condition, and request for sex reassignment when determining gender reassignment cases.]]>
<![CDATA[Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan ]]>
<![CDATA[Ikhwan, Yeni Nel]]>;
<![CDATA[Khairani, Khairani]]>
<![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.401-419.2023
<![CDATA[In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.]]>
<![CDATA[Analisis Hukum Internasional Terhadap Allowable Catch Dalam Upaya Pencegahan Praktik Overfishing Dan Penerapannya Di Indonesia ]]>
<![CDATA[Zunit, Jemie Devano]]>;
<![CDATA[Zora, Zimtya]]>
<![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.606-615.2024
<![CDATA[The sea has a tremendous amount of potential, with an abundance of fish and very astounding biodiversity. However, nowadays, many irresponsible individuals overexploit the biological riches in the sea, resulting in overfishing. Overfishing is a method of excessive fishing that will cause a drastic and continuous decline in fish populations, which will later lead to extinction. For this reason, we need a way to suppress overfishing, namely implementing allowable catch. Coastal states can use allowable catch as a management technique to limit fishing in certain areas. This study used normative juridical research methods with descriptive research specifications and analyzed them through library research. Under international law on Article 61 of UNCLOS 1982, the allowable catch has been regulated to reduce overfishing rates. To determine the allowable catch, use the formula JTB = 80% x MSY. The implementation of allowable catch in Indonesia has been regulated in the Ministerial Decree of Maritime Affairs and Fisheries Republic of Indonesia Number 19 of 2022 concerning the Estimation of Fish Resource Potential, JTB, and the Level of Fish Resource Utilization in the Fisheries Management Areas of the Republic of Indonesia.]]>
