Pagaruyuang Law Journal
Pagaruyuang Law Journal (PLJ) is a Peer Review journal published periodically two (2) times in one (1) year, ie in January and July. The journal is based on the Open Journal System (OJS) and is accessible for free, and has the goal of enabling global scientific exchange. PLJ is available in both printed and online versions. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Civil Law; Criminal Law; International Law; Constitutional Law Administrative Law; Islamic Law; Business Law; Agrarian Law; Adat Law; and Environmental Law.
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<![CDATA[Judicial Review “Satu Atap” Peraturan Perundang-Undangan di Bawah Kewenangan Mahkamah Konstitusi ]]>
<![CDATA[Yunaldi, Wendra]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[The constitutional dual judicial review of the Constitutional Court and the regulation in the Supreme Court has created legal uncertainty in the legal system of Indonesia. The application of graded judicial review has a negative impact on the guarantee of the constitutional rights of the community. The hierarchical model of the prevailing law-enforcement regulation is the abandonment of the legal norms of the constitution in every level of legal product downward. Disconnection of constitutional norms only up to the level of the Act will be a denial of the rights of the people of Indonesia at all levels of statutory legislation under the law. As a rule of law, legal products have a value of truth and justice that refers to the source of the main legal order, namely the Constitution, so that Indonesia's constitutionalism can be tiered up and down down. Thus, there is no differentiation of the "legal certainty" between the 1945 Constitution and the KMPR, as well as the Act as an implementation product with various derivatives such as the Perpu, PP, Perpres, Provincial Regulations and Regency / City Regulations. The general nature of the constitutional arrangements becomes the standard of truth so that every act of government can be controlled and evaluated by the constitution. This situation is different from what is happening now, where the justice of regulation embodied by the Supreme Court is often biased toward the interests of "securing" the contents of the regulation rather than granting legal justice rights, not to mention the long waiting periods of unclear ends. MA finally failed to bring about legal justice for the community. This is where judicial review or judicial constitutional should be placed on the shoulders of the Constitutional Court so that the conception of the Indonesian legal state not only applies only at the national level, but also becomes a backbone for the community in each region through the granting of the right of the people to obtain justice through the examination of legal products that harm the constitutional rights community.]]>
<![CDATA[Perbedaan dan Persamaan Metode Penemuan Hukum Islam dan Metode Penemuan Hukum Positif ]]>
<![CDATA[Bakhtiar, Bakhtiar]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[The aims of this paper is to describe the methods of Islamic law discovery and methods of finding positive laws and their similarities and differences. The type of research the author uses in this paper is the study of normative law (normative legal research) the data acquisition of library materials or secondary data. The data analysis techniques (legal materials) used is to use qualitative analysis. So to draw the conclusions of each data, whether in the form of principles, conceptions, or in the form of rules and legal norms, will be described analytically descriptively. From the results of research conducted, it can be understood that both Islamic law and positive law recognize that there is no rule of law or law is complete and in line with the present reality, there will always be shortcomings Consequences of such things, law enforcement such as judges and other legal officers should make legal discovery based on their respective sources of law, because only from the sources can be explored legal norms. In Islamic law, the invention of the law includes the method of literal interpretation (linguistic), kausasi (ta'lili) and synchronization. Whereas in positive law, include methods of interpretation, argumentation and the discovery of free law. Substantively, the two methods of legal discovery have differences and equations that allow to be compromised. This effort was made to look for new methods of legal discovery that are more responsive by exploring the legal values that live in society.]]>
<![CDATA[Reinterpretasi Ketentuan Hukum terhadap Anak Akibat dari Perkawinan Siri di Indonesia ]]>
<![CDATA[Harahap, Irwan Safaruddin]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[This paper attempts to examine the protection of siri married children by focusing on the problem (1) How is the Protection of the Law against the Child from the unregistered marriages? and (2) How is the position of a child born of unregistered marriages to inheritance? The results revealed that (1) Protection of the Law against the Child from the Betel Betrayal The position of the child in Islamic law still obtains the same recognition as the registered marriage. However, in the eyes of state law, in the absence of a marriage certificate of his parents, the child's birth certificate does not contain the name of his biological father and only the name of the mother who gave birth. (2) Position of a child born of unregistered marriages to inheritance. The child is considered as a child outside marriage so that it can not do legal relationship with civil father biologisnya, but with the decision of the Constitutional Court the child has a civil relationship with a biological father and his father's family. Currently in our positive legal system there is a change, both the status of the inheritance rights of the siri daughter, where now the child of the siri marriage can sue for civil rights from his father. Currently the government will issue a birth certificate that records the father's name of the child of the marriage series. The law commands the recognition of a child born of a marriage that is lawful according to religious law, but is not yet lawful by country.]]>
<![CDATA[Pelaksanaan Penyelesaian Sengketa Konsumen Melalui Jalur non Litigasi ]]>
<![CDATA[Mairul, Mairul]]>;
<![CDATA[Irianto, Kartika Dewi]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[The implementation of consumer dispute settlement through non-litigation channels under the Consumer Protection Act was settled at the Consumer Dispute Settlement Agency (BPK) that solved the financial services sector dispute. However, with the establishment of the Alternative Dispute Settlement Institution (LAPS) as in the form of a Financial Services Authority (OJK) specifically dealing with financial service disputes with those who are very familiar with the activities of the financial services sector, therefore how is the existence of BPSK after the formation of LAPS. The method to be used in this research is sociological juridical, because this research uses primary data such as legal material and other regulation data collection will use interview method to BPSK, LAPS, and OJK, and supported by the use of secondary data that is literature related to this research. as supporting data. Based on the results of the discussion obtained that the implementation of dispute resolution in BPSK only handled by the party appointed by the government sometimes not necessarily control the financial service disputes. While LAPS first complaint submitted to the financial services institutions. OJK requires the agency to handle the complaint. If it does not agree then the consumer can complain to the OJK or LAPS, For that, the need for synchronization of arrangements and competence of authority as a consumer dispute resolution institution between BPSK with LAPS.]]>
<![CDATA[Penegakan Hukum terhadap Tindak Pidana Korupsi menurut Sistem Peradilan Pidana Indonesia ]]>
<![CDATA[Sukmareni, Sukmareni]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[The success or failure of corruption law enforcement in Indonesia depends on the work of any component of the criminal justice system (SPP) itself, ranging from investigation, prosecution, court examination and criminal prosecution.The formulation of the issues raised in this study (1) Is the pattern of law enforcement that has been regulated in the Indonesian criminal justice system has been able to eradicate corruption in Indonesia to date? (2) What is the ideal pattern of law enforcement against corruption under the Indonesian criminal justice system? This researarch is descriptive research using normative juridical approach, by using legal materials as secondary data. Which legal substance consists of primary, secondary and tertiary legal materials, related to law enforcement against corruption in Indonesia's criminal justice system, analyzed using qualitative analysis. The Pattern enforcement in the SPPI still has not been able to enforce the maximal law enforcement against the TPK perpetrators, because there are still some weaknesses and problems, there is still overlapping of corruption arrangements, the quality of the judiciary has not been able to create justice in the community, the supervisory system on the performance of law enforcement officials with the law enforcement of corruption because it is not yet integrated and not yet clearly regulated, once the sanction given is still not maximized so it has not caused a deterrent effect to the perpetrator The ideal pattern of law enforcement against the TPK perpetrators required changes, improvements and improvements in various aspects above, such as regulatory reform, independence to four sub SPPI, improving the judicial supervision system as well as giving maximum sanction and more severe to the perpetrators so that cause the effects of good for the perpetrators and against other communities.]]>
<![CDATA[Ide Bernegara dalam Konstitusi Indonesia: Rekonstruksi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Pascaamandemen ]]>
<![CDATA[Rosadi, Otong]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[This article tries to answer the question of whether the idea of the state underlying the amendment of the 1945 Constitution? Then how to put this need in the context of (re) construction of statehood in the future. This writing is a description of the analysis with the normative approach of philosophical and juridical. The conclusion of this article states that the amendment of the 1945 Constitution, which was originally expected to improve the state administration system and state life, has actually reduced the ideas of the state that had originally been arranged systematically and directed by the founders of the state. The fifth amendment of the 1945 Constitution should be placed as the great effort of the Indonesian nation to restore the 1945 Constitution to its authenticity, as the document of the establishment of the State, the milestone of the nation's achievement / goal, the ideals and goals of the state, as well as the philosophy, values, a fundamental constitution.]]>
<![CDATA[Perlindungan Hukum bagi Pemegang Hak atas Tanah Sesungguhnya dalam Transaksi Jual Beli Menggunakan Rincik Palsu ]]>
<![CDATA[Nirwana, Nirwana]]>;
<![CDATA[Patittingi, Farida]]>;
<![CDATA[Nur, Sri Susyanti]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 1 NOMOR 2, JANUARI 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1) the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2) the legal protection on the good- willing buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.]]>
<![CDATA[Penegakan Hukum terhadap Tindak Pidana Korupsi menurut Sistem Peradilan Pidana Indonesia ]]>
<![CDATA[Sukmareni, Sukmareni]]>
<![CDATA[ Pagaruyuang Law Journal Volume 1 Nomor 2, Januari 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v1i2.563
<![CDATA[The success or failure of corruption law enforcement in Indonesia depends on the work of any component of the criminal justice system (SPP) itself, ranging from investigation, prosecution, court examination and criminal prosecution.The formulation of the issues raised in this study (1) Is the pattern of law enforcement that has been regulated in the Indonesian criminal justice system has been able to eradicate corruption in Indonesia to date? (2) What is the ideal pattern of law enforcement against corruption under the Indonesian criminal justice system? This researarch is descriptive research using normative juridical approach, by using legal materials as secondary data. Which legal substance consists of primary, secondary and tertiary legal materials, related to law enforcement against corruption in Indonesia's criminal justice system, analyzed using qualitative analysis. The Pattern enforcement in the SPPI still has not been able to enforce the maximal law enforcement against the TPK perpetrators, because there are still some weaknesses and problems, there is still overlapping of corruption arrangements, the quality of the judiciary has not been able to create justice in the community, the supervisory system on the performance of law enforcement officials with the law enforcement of corruption because it is not yet integrated and not yet clearly regulated, once the sanction given is still not maximized so it has not caused a deterrent effect to the perpetrator The ideal pattern of law enforcement against the TPK perpetrators required changes, improvements and improvements in various aspects above, such as regulatory reform, independence to four sub SPPI, improving the judicial supervision system as well as giving maximum sanction and more severe to the perpetrators so that cause the effects of good for the perpetrators and against other communities.]]>
<![CDATA[Pelaksanaan Penyelesaian Sengketa Konsumen Melalui Jalur non Litigasi ]]>
<![CDATA[Mairul, Mairul]]>;
<![CDATA[Irianto, Kartika Dewi]]>
<![CDATA[ Pagaruyuang Law Journal Volume 1 Nomor 2, Januari 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v1i2.568
<![CDATA[The implementation of consumer dispute settlement through non-litigation channels under the Consumer Protection Act was settled at the Consumer Dispute Settlement Agency (BPK) that solved the financial services sector dispute. However, with the establishment of the Alternative Dispute Settlement Institution (LAPS) as in the form of a Financial Services Authority (OJK) specifically dealing with financial service disputes with those who are very familiar with the activities of the financial services sector, therefore how is the existence of BPSK after the formation of LAPS. The method to be used in this research is sociological juridical, because this research uses primary data such as legal material and other regulation data collection will use interview method to BPSK, LAPS, and OJK, and supported by the use of secondary data that is literature related to this research. as supporting data. Based on the results of the discussion obtained that the implementation of dispute resolution in BPSK only handled by the party appointed by the government sometimes not necessarily control the financial service disputes. While LAPS first complaint submitted to the financial services institutions. OJK requires the agency to handle the complaint. If it does not agree then the consumer can complain to the OJK or LAPS, For that, the need for synchronization of arrangements and competence of authority as a consumer dispute resolution institution between BPSK with LAPS.]]>
<![CDATA[Perlindungan Hukum bagi Pemegang Hak atas Tanah Sesungguhnya dalam Transaksi Jual Beli Menggunakan Rincik Palsu ]]>
<![CDATA[Nirwana, Nirwana]]>;
<![CDATA[Patittingi, Farida]]>;
<![CDATA[Nur, Sri Susyanti]]>
<![CDATA[ Pagaruyuang Law Journal Volume 1 Nomor 2, Januari 2018 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v1i2.564
<![CDATA[The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1) the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2) the legal protection on the good- willing buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.]]>
