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[Kedudukan Keanggotaan Dewan Perwakilan Daerah Dalam Sistem Ketatanegaraan ]]>
<![CDATA[Utamy, Hebby Rahmatul]]>;
<![CDATA[Efendi, Roni]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1546
<![CDATA[The Regional Representative Council (DPD) as a new institution formed based on the amendments to the 1945 Constitution places the DPD as a state institution that accommodates and fights for the rights of the region and regional representatives in the context of the government system in Indonesia. DPD membership is chosen based on the General Election with one of the provisions that DPD members must be independent as stipulated in Article 182 letter l of Law Number 7 of 2017 concerning ELECTION that there are other work phrases interpreted as constitutionally paid as work that also doubles as an administrator or functionary of a political party, because it can lead to a conflict of interest with the duties, authority, and rights as DPD members in accordance with statutory provisions. This is intended so that the DPD can work without any intervention from any party. However, the legal facts that occur in the current state administration system are found in many DPD members who also double as administrators of political parties. In juridical normative this is clearly constitutional, if viewed from a different perspective with reference to the Supreme Court decision, concurrent positions are not contrary to the constitution because this relates to the constitutional rights of citizens to work in any sector.]]>
<![CDATA[Penerapan Labelisasi Halal pada Rumah Makan dan Restoran di Kota Padang dalam Pengembangan Pariwisata ]]>
<![CDATA[Nazar, Jasman]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1616
<![CDATA[This research tries to examine and discuss about The Regulation and Implementation of the Standardization and Certification of Tourism Business Services in Padang City that will answer some problems, they are, how the implementation of standardization and certification regulation of tourism business services in Padang and what efforts that is being done by the government to give protection to the tourist. This is a descriptive study using an empirical juridical method. After doing research, some answers that can be conclude, Padang has not done the standardization and certification of tourism business services. And to protect the tourist the government implements some obligations that must be fulfilled by the businessmen about the services they given, perform guidance of tourism awareness to the society and also work together with the Tourism organization and constabulary in city of Padang.]]>
<![CDATA[Problematika Tata Kelola Benda Sitaan dan Barang Rampasan Negara Pada Rumah Penyimpanan Benda Sitaan Negara Kotabumi Lampung Utara ]]>
<![CDATA[Dinata, M. Ruhly Kesuma]]>;
<![CDATA[Abduh, Salis M]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1601
<![CDATA[The existence of a House of Confiscated Objects Storage and State Ransack (Rupbasan) as a place to store evidence related to criminal acts in the criminal justice process has a very important position in the criminal justice system. Explicitly regulated in the Criminal Procedure Code (KUHAP) Article 44 paragraph (1) that “confiscated objects are kept in a state confiscated storage house”. In Kotabumi, North Lampung, there is a Class II State Confiscated Storage House, but its function and role cannot be said to be maximal, because there are still many problems related to the management and maintenance of confiscated objects and State looted goods. The problem of this research is 1) how to manage objects State confiscated and confiscated goods in the state confiscated storage house in Kotabumi, North Lampung, 2) What obstacles are faced in the management of state confiscated objects and confiscated assets at the State confiscated Storage House in Kotabmi, North Lampung, 3) What efforts should conducted in overcoming the constraints of the management of confiscated objects and booty of the State at the State Confiscated Object Storage House in Ktabumi, North Lampung. This study uses a social legal approach by conducting interviews in State Confiscated Objects at Class II Confiscated State Confiscated Houses in Kotabumi, North Lampung. This is done to get more accurate field information. The results showed that Kotabumi Rupbasan had not been able to perform its functions optimally because the relevant agencies did not want to hand over state confiscated objects to be kept in Rupbasan. However, the confiscated objects were managed and used by the relevant legal institutions and then the constraints were limited personnel and limited facilities and infrastructure. Then the efforts of the Head of Rupbasan have submitted an application to the Head of the Regional Office of the Department of Justice for an additional budget for adding warehouses and adding personnel.]]>
<![CDATA[Problematika Kewenangan Pemerintah Daerah di bidang Pertanahan ]]>
<![CDATA[Farda, Nessa Fajriyana]]>;
<![CDATA[Putra, Yosep Hadi]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1670
<![CDATA[Land is one important element for humans. That is how importance of land, the government needs to make special arrangements regarding use of the land. In general, land arrangements are regulated in Law Number 5 of 1960 concerning Basic Rules on Agrarian Matters, which stipulates that the authority in the field of land is the authority of the central government. In addition, Indonesia as a unitary state also adheres to the principle of decentralization, it means that the central government gives authority to the regions to regulate their own regional affairs, including of land matters. The regulation regarding of land authority for regional governments is described in Act Number 23 of 2014 concerning Regional Government. However, the application of its authority is not yet optimal, because there is no balance of relations between the central government and regional governments in regulating land. The problem discussed in this study is how the division of authority between the central government and regional government of land matters. The approach used in this research is normative juridical. In the other word, this study examines the problem based on applicable laws and regulations, especially regulations regarding land. The data is collected by using literature study, then analyzed and described systematically. The result showed a norm conflict in the division of land authority in the UUPA and the Regional Government Law. Therefore, it is hoped that there is a clear division of authority between the central and regional governments which is not only contained in the Regional Government Law.]]>
<![CDATA[Peranan Hakim dalam Perubahan Sosial Masyarakat ]]>
<![CDATA[Sutrisno, Sutrisno]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1602
<![CDATA[The judiciary is a system consisting of elements of judges, prosecutors, police, lawyers and correctional institutions. The judge is the last figure expected to realize the values of justice. Judges as agents of change can totally change attitudes and views and patterns of relationships between citizens towards social change through their decisions. Judges are expected to be able to find laws that can be used as social engineering, namely as a tool to change Indonesian society. A judge in the general court environment through his decision must be progressive and have values in a just society. Moral constancy and the attitude and professionalism of a judge must always be attached to each judge.]]>
<![CDATA[Tanggung Jawab Perseroan Terbatas Dihubungkan dengan Good Corporate Governance dalam Rangka Mencegah Penyalahgunaan Kekuasaan Pemegang Saham ]]>
<![CDATA[Yulfasni, Yulfasni]]>;
<![CDATA[Arliman S, Laurensius]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1603
<![CDATA[All of the principles of Good Corporate Governance can support the realization of Good Corporate Governance in order to prevent the misuse of shareholder power considering that the Piercing the Corporate Veil principle can be used to prevent illegal acts committed by shareholders, commissioners or directors. Shareholders, commissioners or directors are possible to commit acts against the law and utilize existing facilities for their personal interests by manipulating their actions or the misuse of company assets. The research method used in this article is the normative juridical research method. The final goal of applying the Piercing the Corporate Veil principle above is the existence of Good Corporate Governance, namely good corporate governance. Therefore, the follow-up to the adoption of the Piercing the Corporate Veil principle is its implementation in Good Corporate Governance, which is a good and correct management system.]]>
<![CDATA[Problematika Hukum Pengembalian Aset Tindak Pidana Korupsi Pelaku dan Ahli Warisnya ]]>
<![CDATA[Arifin, Firdaus]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1604
<![CDATA[Barriers to returning assets can be explained theoretically and practically. Theoretically, there has been a misunderstanding in the understanding of lawmakers and several criminal law experts and financial legal experts in resolving the problem of criminal assets. The first mistake, namely the a priori attitude that criminal law which is oriented to the philosophy of retributive justice is seen as the only legal tool that is considered appropriate for the purpose of restoring state financial losses. While this goal can only be achieved by changing the new paradigm of corrective-rehabilitative and restorative justice. The second mistake, so far the legal approach in the legal process of returning assets of a criminal offense is always used a normative legal approach based on legal positivism.]]>
<![CDATA[Tanggung Jawab Perseroan Terbatas Dihubungkan dengan Good Corporate Governance dalam Rangka Mencegah Penyalahgunaan Kekuasaan Pemegang Saham ]]>
<![CDATA[SH,MH, Dr. Yulfasni]]>;
<![CDATA[Arliman S, Laurensius]]>
<![CDATA[ Pagaruyuang Law Journal VOLUME 3 NOMOR 1, JULI 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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<![CDATA[All of the principles of Good Corporate Governance can support the realization of Good Corporate Governance in order to prevent the misuse of shareholder power considering that the Piercing the Corporate Veil principle can be used to prevent illegal acts committed by shareholders, commissioners or directors. Shareholders, commissioners or directors are possible to commit acts against the law and utilize existing facilities for their personal interests by manipulating their actions or the misuse of company assets. The research method used in this article is the normative juridical research method. The final goal of applying the Piercing the Corporate Veil principle above is the existence of Good Corporate Governance, namely good corporate governance. Therefore, the follow-up to the adoption of the Piercing the Corporate Veil principle is its implementation in Good Corporate Governance, which is a good and correct management system.]]>
<![CDATA[Penerapan Asas Itikad Baik dalam Perjanjian Pembiayaan Konsumen (Studi pada Perusahaan Pembiayaan di Kota Bukittinggi) ]]>
<![CDATA[Rusli, Benni]]>
<![CDATA[ Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sumatera Barat ]]>
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DOI: 10.31869/plj.v3i1.1735
<![CDATA[This study discusses the aplitation of good faith in the process to make agreements, and barriers to what is found in its applications and any effort taken to overcome barriers to the application of in good faith. This study uses sociology juridical approach, with methods of collecting data such as; documents, deed of consumer financing agreement, interviews with informants, the data were analyzed qualitatively that by connecting with legislation, jurisprudence and expert opinion. The Research found that applying the principle of good faith has not been fully carried out by a Creditor that is in the sense of subjective, honesty to not conceal material facts and the obligation to explain material facts to prospective debito and debofors were also not in good faith the obligations in the form carefully examine the material facts in financing agreement, barriers found in the form of briet negotiation process until the signing of the agreement, the procedures prescribed consumer finance. Companies limit the opportunity to understand the facts material to the maximum. The lack of consumer willingness to question the material facts that will be agreed.]]>
