cover
Contact Name
David Aprizon Putra
Contact Email
davidaprizonputra@iaincurup.ac.id
Phone
+6285219170007
Journal Mail Official
negrei@iaincurup.ac.id
Editorial Address
Umea' Jurnal IAIN Curup Jl. Dr. AK Gani No. 01 Curup, Curup Utara,Rejang Lebong Bengkulu, Indonesia
Location
Kab. rejang lebong,
Bengkulu
INDONESIA
NEGREI: Academic Journal of Law and Governance
ISSN : 16148429     EISSN : 16148423     DOI : http://dx.doi.org/10.29240/negrei.v1i2
Negrei : Academic Journal of Law and Governance established since 2021 based on SK Rector of IAIN Curup Number : 0108/In.34/R/KP.07.6/01/2021 of 20 June 2021. The journal aims to provide for legal and politic scholars and practitioners to accept and give constructive criticism to enhance their expertise in the form of legal and political research on law and political issues. Particularly on philoshophy and theory of law and governance. With a current issues is constitutional law, administration law, international law, private law, economic law, comparative law, cyber law, sociology of law, agrarian law, human rights law, govermental studies, international politic and local politic study. This journal is published by Institute Agama Islam Negeri ( IAIN Curup ) in two editions yers around with the first edition published on May and the second edition published on November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
Search results for , issue "Vol. 4 No. 1 (2024)" : 10 Documents clear
Legal Protection Strategies for Child Adoption Without a Court Order: A Comparative Study of Indonesia, USA and Malaysia Imtina, Salma Salsabila; Aprilianda, Nurini; Widyanti, Yeni Eka
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10092

Abstract

This study conducts a comprehensive examination of the frameworks designed to protect the rights of children adopted informally, without judicial oversight. It focuses specifically on the mechanisms that support their legal recognition and inheritance rights within adoptive families. Employing a normative research approach, the paper investigates the legal challenges arising from the lack of clear statutory provisions for these children's protection. Primary legal sources including the Child Protection Law, Law Number 25 of 2014, which revises Law Number 23 of 2002, and Government Regulation Number 54 of 2007 concerning Child Adoption procedures are analyzed. Further insights are derived from secondary sources such as the Minister of Social Affairs Regulation Number 3 of 2018, which describes the protocols for monitoring and reporting on the child adoption process. The study identifies three potential strategies to safeguard the interests of informally adopted children: formalization of adoption through notarial deeds, securing inheritance rights through wills, and maximizing protection under national child welfare laws. These measures offer vital safeguards for these children, particularly in securing inheritance claims and preventing disputes. The findings highlight the need for explicit legal frameworks to ensure the welfare and rights of children adopted outside formal judicial systems.
Overlapping Authority to Make Land Deeds in Indonesia (A critical review of the realisation of legal order) Ananda, Heppy Trio; Permadi, Iwan; Supriyadi, Supriyadi
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10268

Abstract

The concurrent authority of Notaries and Land Deed Officials (PPATs) in creating land deeds in Indonesia has resulted in legal ambiguity. This research employs a normative juridical approach, scrutinizing existing legal norms to ascertain the extent of authority granted to Notaries and PPATs and to identify potential conflicts. The findings indicate that the Notary Position Law (Law No. 30/2004, amended by Law No. 2/2014) endows Notaries with extensive authority, implying they are not confined by the restrictions in Government Regulation No. 24/2016. The existing ambiguity calls for legislative clarification. The study concludes that Notaries possess broad authority to draft land deeds, mostly unaffected by limitations on PPATs. Legislative measures are required to delineate clearer jurisdictional boundaries, ensuring legal certainty and preventing potential abuses of power. This research examines the realization of legal order in the context of overlapping authority to make land deeds in Indonesia.
The Legal Position of the Use of Blockchain Technology on the Validity of Stamp Duty in the Digital Age Ariani, Relys Sandi; Setia Negara, Tunggul Anshari; Masykur, Mohammad Hamidi
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10294

Abstract

The integration of blockchain technology in stamp duty administration requires a clear legal framework to ensure effective implementation. This study evaluates the benefits and challenges of using blockchain in stamp duty imposition and provides regulatory framework recommendations. Using a normative legal approach and analysis of relevant legislation, the research shows that blockchain can significantly enhance efficiency, transparency, and security in the stamp duty process. The immutable nature of blockchain records ensures data integrity and reduces the risk of fraud. Moreover, smart contracts can automate and streamline the transaction process, minimizing human error. However, the adoption of blockchain faces challenges such as high initial costs and the need for regulatory adjustments. In conclusion, the adoption of blockchain in stamp duty administration necessitates comprehensive regulations to ensure the legality and validity of recorded transactions, providing a robust and reliable tax system for the digital age.
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their Relevance in Modern Law Saputra, Beny; Bene, Olivér; Putra, David Aprizon
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.9965

Abstract

This study examines the Code of Hammurabi, an ancient legal code that dates to early human history, to investigate its old legal ideas and evaluate their ongoing significance in contemporary legal systems. This study seeks to clarify the fundamental concepts that underlie Hammurabi's rules and their lasting influence on modern legal thinking by conducting a thorough investigation of the Code's provisions and historical background. This research aims to provide significant insights into the development of legal norms and their application in addressing current legal difficulties by analyzing important elements such as justice, equity, and societal order as outlined in the Code. This study examines the degree to which Hammurabi's legal ideas align with contemporary legal frameworks. It provides insightful analysis on the lasting significance and flexibility of ancient legal precedents in creating modern legal jurisprudence. This research enhances our comprehension of the historical origins of law and its enduring importance in contemporary legal discussions.
Discourse on the Application of Cardiac Surgery Techniques in Indonesia and Consent for Medical Actions in Health Law Riyantika, Annisa
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10091

Abstract

Informed Consent is an important thing in medical services, recently there have been cases of problems that start from the incompatibility of Informed Consent with factual actions carried out by the hospital. This has been explained in Jo Law No. 44 of 2009 concerning hospitals Article 37 paragraph 1 which states that every medical action taken in the hospital must obtain the consent of the patient and his family. The purpose of this article is to analyze the Informed Consent Relationship between Doctors and Patients Legally in the Application of Cardiac Surgery Techniques in Indonesia and to analyze the Application of Informed Consent in the Application of Cardiac Surgery Techniques. The method used in this research is the normative juridical method. The normative juridical approach is carried out by conducting a study of the principles, regulations and legislation in force with regard to the legal issues to be discussed. The results of this study are the existence of an informed consent relationship between doctors and patients and the application of informed consent in cardiac surgery in Indonesia.
Legal Analysis Of The Judge's Consideration On The Matter “Marriage Dispensation From The Perspective Of Justice” Susanti, Restika
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.11562

Abstract

This study aims to examine the judge's considerations in granting, cannot accept or reject a marriage dispensation application at the Religious Court, and whether the considerations reflectprinciples of justice, legal certainty, and legal benefits. Dispensation Marriage is a mechanism that parents submit to the court to allowing children under the minimum age of marriage to marry. However, early often has negative impacts both physically, psychological, and social for children who carry it out. This study uses a research method with a normative empirical type, a descriptive research type by explaining existing problems, and a problem-solving approach. judicial case study or reviewing cases in several court decisions that have been taken in relation to marriage dispensation. The results of the study show that Judge in various cases of marriage dispensation considered the following factors: such as mental readiness, health, and long-term social impacts forwho married at a young age. Some decisions that were rejected and unacceptable marriage dispensation is based on the principle of child protection and long-term welfare, while the decisiwoitnh to accept the dispensation taking into account emergency situations or very urgent conditions. Conclusion from this study is that not all of the judge's considerations in granting permission for marriage dispensation always reflect justice for children, but there must be justice for parents, social. The suggestion from this research is that is needed cooperation between institutions such as the Ministry of Religion, the Department of Education, and the Departmentof Child Protection to minimize the practice of underage marriage, strengthening protection for children and educational efforts, socialization regarding dangers of underage marriage in order to create a prosperous generation, educated, healthy in the future.
Legal Protection of Indonesian Genetic Resources in Communal Intellectual Property Regime Susanti, Susi; Tisnanta, HS; Putri, Ria Wierma
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.11659

Abstract

Indonesia, known as a Country with high biodiversity, faces significant challenges in protecting its genetic resources from the increasing threats of exploitation and biopiracy, often perpetrated by foreign entities exploiting Indonesia's genetic wealth without proper authorization or fair benefit-sharing. Therefore, it is crucial to analyze the legal protection of genetic resources in Indonesia as communal intellectual property, particularly in relation to the Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and national efforts to protect genetic resources. This study employs a normative legal research method, examining various legal sources to address issues related to genetic resources. The research adopts a statutory and conceptual approach by analyzing existing legislation and the protection frameworks implemented in Indonesia for genetic resources. A qualitative analysis is further conducted by describing and interpreting various research sources to provide comprehensive answers to the research questions. The Result indicate that the TRIPS Agreement offers intellectual property protection standards that predominantly emphasize individual rights, failing to fully address the protection of communal intellectual property. In response to this limitation, Indonesia has implemented national policies, including Government Regulation No. 56 of 2022 and the Access and Benefit Sharing (ABS) mechanism. These policies aim to protect indigenous peoples' rights and ensure that the benefits derived from the utilization of genetic resources are distributed equitably. However, the implementation of these protections faces significant obstacles, such as weak institutional capacity, limited public awareness, and gaps in harmonization with international standards. To address these challenges, strategic measures are necessary, including strengthening cross-sector coordination, enhancing indigenous community education, and developing a more comprehensive benefit-sharing mechanism. These steps are essential to ensure that genetic resources are not only protected but also contribute sustainably to the nation’s welfare.
Implementation of Corn Sale And Purchase Agreement Law For Farmers With A Partnership Wholesale Transaction System: A Study on Brata Rumbia Trading Business In Central Lampung Meida Anggi Fahira
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.11660

Abstract

This study discusses the implementation of the law of corn sale and purchase agreements carried out by farmers with a wholesale transaction system through the Brata Rumbia trading business partnership in Central Lampung. The focus of the study is on the implementation of the agreement, compliance with civil law provisions, and its impact on the parties involved. The research method used is a juridical-empirical approach, namely by reviewing the agreement documents and their implementation in the field through interviews with farmers and Brata Rumbia. The results of the study indicate that this wholesale transaction system involves a partnership agreement that includes the terms of sale and purchase, the agreed price, and the rights and obligations of each party. However, several obstacles were found such as the discrepancy between the harvest results and the initial agreement, farmers' dependence on partners, and farmers' minimal understanding of the contents of the agreement. This has the potential to cause injustice to farmers. In conclusion, although the agreement is in principle in accordance with civil law, its implementation requires further supervision to ensure justice for all parties. Recommendations submitted include increasing farmers' legal literacy and stricter supervision from related parties.
State Responsibility in Addressing Internally Displaced Persons (IDPs) Based on the International Legal Framework Silviana, Ria
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.11703

Abstract

Internally Displaced Persons (IDPs) are individuals forced to flee their homes due to armed conflicts, natural disasters, or environmental changes while remaining within their country’s borders. Unlike refugees, IDPs lack specific international legal protections under a binding framework, making them more vulnerable to inadequate state responses. This study explores the legal framework governing IDP protection, focusing on the Guiding Principles on Internal Displacement (GPID) and state responsibilities under international law. Using a normative legal research approach, this study examines primary legal sources such as the GPID, the Kampala Convention, and Indonesia’s national policies on internal displacement. Findings indicate that while the GPID provides a comprehensive yet non-binding framework, the Kampala Convention represents a regional effort to establish legally binding obligations for IDP protection. However, significant gaps persist at both international and national levels, particularly in enforcement mechanisms and state accountability. In Indonesia, IDP protection is primarily addressed through disaster management laws, social conflict resolution policies, and human rights regulations. The study highlights the need for stronger legal commitments, enhanced international cooperation, and more effective national implementation strategies to ensure the rights and dignity of IDPs are upheld.
Reconstruction Model of Legal Liability for the Misuse of Artificial Intelligence on Personal Data Privacy in Indonesia Khiswatul Barokah; Yuliati; Abdul Madjid
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The increasing integration of Artificial Intelligence (AI) in digital ecosystems has raised new legal challenges regarding data privacy violations. In Indonesia, the normative framework for personal data protection particularly the Personal Data Protection Act (Law No. 27 of 2022) remains inadequate in addressing the autonomous nature of AI systems that process and exploit personal data without direct human intervention. This research aims to reconstruct a legal accountability model for actors who misuse AI in ways that lead to personal data violations. The study employs a normative juridical method using a statutory, conceptual, and comparative approach, referencing the European Union’s GDPR as a benchmark. The findings reveal that Indonesia’s current legal framework lacks clarity in assigning responsibility among key actors, such as developers, data controllers, and platform providers. The absence of provisions concerning algorithmic profiling, training data legality, and automated decision-making weakens the protection of individuals' digital rights. In contrast, international models particularly the GDPR offer a multi-tiered responsibility structure, prohibit fully automated decisions affecting individuals, and impose strict liability for data misuse. This research also demonstrates that adopting principles such as vicarious liability, corporate accountability, and risk-based regulation would fill regulatory gaps and align Indonesian law with international standards. The practical value of this work lies in its proposed model for reconstructing Indonesia’s data protection regime. It introduces legal tools that anticipate the systemic risks of AI while ensuring that legal responsibility is clearly distributed across all entities involved in AI deployment. This framework supports the development of a more responsive and equitable legal system in the era of autonomous technologies

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