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David Aprizon Putra
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Umea' Jurnal IAIN Curup Jl. Dr. AK Gani No. 01 Curup, Curup Utara,Rejang Lebong Bengkulu, Indonesia
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NEGREI: Academic Journal of Law and Governance
Published by Institut Agama Islam Negeri Curup
ISSN : 16148429     EISSN : 16148423     DOI : http://dx.doi.org/10.29240/negrei.v1i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
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 8 Documents
 1 
Search results for , issue "vol. 5 no. 2 (2025)" : 8 Documents clear
The Balance of Legal Liability in Marine Cargo Insurance Based on the Principle of Subrogation in Indonesia Anggun Nurfani nurfani; Sunaryo; Hamzah; Kasmawati
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.13741

Abstract

This article examines the implementation of subrogation rights in marine cargo insurance contracts in Indonesia, with an emphasis on the balance of legal responsibilities in subrogation practices. Subrogation rights, which allow the insurer to assume the legal position of the insured after claim payment, often face issues of unequal legal protection, particularly in cases involving third parties. This study employs a normative juridical method, using a statutory approach and case study analysis of court decisions. Findings indicate a lack of clear regulations and mechanisms ensuring a balance in legal responsibilities related to subrogation rights. Therefore, a reconstruction of contractual norms and regulatory frameworks is needed to guarantee proportional legal protection for all parties involved. The state holds a crucial role that must be optimized through the formulation of legal norms and regulations to ensure subrogation rights are exercised proportionally
Legal Protection and Human Rights for Child Marriage and Stunting Perpetrators in Gorontalo Province Fibriyanti Karim; Winda Anggriyani Uno
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14414

Abstract

This study aims to examine the implementation of legal protection and human rights in addressing child marriage and stunting, and to analyze policies to improve optimization in Gorontalo Province. The research employs normative and empirical methods by analyzing legal regulations and factual conditions in society. The results indicate that the implementation of legal and human rights protection related to child marriage and stunting in Gorontalo Province has not been optimal. This condition is reflected in enforcement of the minimum marriage age regulation, high numbers of marriage dispensations, violations of children’s human rights, especially against girls, and the strong relationship between child marriage and stunting. In addition, cross-sector programs in law, health, and social affairs are not well integrated, public legal awareness remains low, and the role of religious and traditional leaders in Gorontalo has not been maximized. Policies to enhance optimization include local government initiatives to establish regional regulations on preventing child marriage and stunting, stricter supervision of marriage dispensations, strengthening education and socialization related to law and human rights, reinforcing Child Protection Institutions and the Women and Children Protection Office, integrating cross-sector programs, developing information systems, involving traditional and religious leaders, and conducting evaluations of cases and programs agencies
Judicial Rechtsvinding in the Absence of Legal Norms: A Case Study on the Revocation of Child Adoption in Indonesia Abd. Rahmad; Joni Zulhendra
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14642

Abstract

In Indonesia, the legal framework provides a regulatory basis for the adoption of children, but remains silent on the possibility and procedure for revoking such adoption. This article examines the role of judicial rechtsvinding (legal discovery) in resolving legal disputes in the absence of explicit statutory norms, with a focus on the revocation of child adoption in Indonesia. Drawing on a case study of Decision No. 410/Pdt.G/2020/PN.Bdg issued by the Bandung District Court, the study analyzes how the judge employed the method of argumentum a contrario to construct legal reasoning that justified the cancellation of a legally recognized adoption. The analysis reveals that the court integrated both juridical and sociological considerations, placing the child’s best interests at the center of its decision. This case illustrates how judicial discretion can function as a form of normative governance, especially in areas of law where legislative silence prevails. It also underscores the evolving role of the judiciary in shaping family law jurisprudence and filling legal gaps with ethically grounded reasoning. The findings contribute to the discourse on judicial activism, progressive legal interpretation, and child protection in civil law systems.
Settlement of Community Land Disputes Around The Dam Through Legal Approach and Local Wisdom Nirwan Junus; Nurul Fazri Elfikri; Karlin Z. Mamu; Reynaldi B. Ndeo
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14805

Abstract

The construction of Bulango Ulu Dam in Gorontalo province is a national strategic project aimed at raw water supply, irrigation, and flood control. However, in the process of construction, land rights disputes arose between the government and local communities. This dispute is triggered by differences in perceptions about the value of compensation, as well as the limited information received by the community regarding the status and boundaries of land affected by development, so that a comprehensive study of the appropriate dispute resolution mechanism is needed. This study aims to examine the concept of land dispute resolution in general and analyze the process of land dispute resolution that occurs around the construction of the Bulango Ulu Dam. This study uses the method of Empirical Legal Research (socio-legal research), which is a method that combines normative study of legislation with factual data obtained in the field. Data collection was carried out through direct observation at affected dam construction sites, in-depth interviews with land owners or tenants, as well as agencies related to the land acquisition process, then analyzed in a descriptive qualitative manner. The results showed that the concept of land dispute resolution emphasizes a multidimensional approach that integrates legal certainty, community participation, and social justice principles. Settlement is carried out through comprehensive legal mechanisms, both non-litigation such as mediation and deliberation, as well as litigation through courts or arbitration, with the strategic role of the National Land Agency (BPN) in the prevention and handling of cases. In this Bulango Ulu Dam conflict, the settlement steps include inventory and identification of land by BPN to determine the legal status and basis for compensation, socialization to explain the rights, obligations, and procedures for land acquisition, as well as deliberation to reach a fair agreement and accepted by all parties. This deliberative approach reflects the values of local wisdom such as togetherness, consensus, and respect for the rights of indigenous peoples, so as to provide a more participatory solution, and accepted by the community.
Income Disparity between Legislative Institutions and the General Public in Relation to Social Welfare Aspects: A Comparative Study of Indonesia and Malaysia Relys Sandi Ariani; Arini Zulfaida; Fidela Dzatadini Wahyudi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14831

Abstract

Pancasila, as the foundation of the Indonesian state, upholds social justice for the people with the aim of equality in all areas, especially public income. However, recent research has found that the income gap between the Indonesian Legislative Institution and the Indonesian public is significantly different from that in Malaysia. This can certainly affect the welfare of the people of those countries. Therefore, the author analyzes and examines in more depth the income gap between the Legislative Institution and the public in Indonesia and Malaysia related to public welfare. This study uses a normative legal research type with a statutory and comparative approach, data sources are primary legal materials and secondary legal materials from books, journals, and legal dictionaries. The income gap between the legislative institution and the public in Indonesia reaches 10x-14x, while in Malaysia it is 4x-5x. This gap creates social injustice and hinders public welfare. Therefore, the values ​​of social justice in Pancasila do not function well in practice. It is necessary to strengthen Pancasila from an early age in shaping the character of the Indonesian people.Civic Awareness and Social Justice.
The Quality of Delegated Regulations in the Job Creation Law Achmad Safiudin; Riza Multazam Luthfy; Airin Liemanto
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14868

Abstract

The existence of Delegated Regulations in the Job Creation Law is crucial for the proper implementation of the law. However, the excessive number of delegated regulations, created in a short time without in-depth study, has led to various problems in their implementation. This article captures the dynamics of delegated regulations under the Job Creation Law, assesses their quality, and formulates an ideal oversight model for their formation. This research is a normative legal study that analyzes in detail the concept of delegated regulations and the supervision of Government Regulations and Presidential Regulations as delegated regulations under the Job Creation Law, through three approaches: the statutory regulatory approach, the conceptual approach, and the comparative approach. Legal materials are reviewed and analyzed in depth. Historically, the dynamics of delegated regulations in the Job Creation Law are divided into three periods: after the enactment of Law 11/2020, after the Constitutional Court Decision Number 91/PUU-XVIII/2020, and after the enactment of Law 6/2023 on Job Creation. The dynamics of public rejection of the Job Creation Law's formation have not prevented the government from continuing to issue delegated regulations under it. This has led to numerous weaknesses in the delegation regulations, including their hasty creation (approximately 3 months), excessive government authority, and oversight issues. Therefore, oversight by both the executive and legislative branches, similar to the concepts in Australia and the United Kingdom, is necessary to improve the quality of the delegation regulations.
Implementation of Article 36 of Law Number 42 of 1999 concerning Fiduciary Security Regarding the Imposition of Criminal Sanctions for the Transfer of Fiduciary Collateral Objects Suhardi; Hambali Yusuf; Abdul Latif Mahfuz; Habiburrahman
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.13232

Abstract

Many fiduciary grantors, such as individual debtors, are unaware that transferring fiduciary collateral objects without written permission constitutes a criminal offense. They often perceive the collateral as entirely their own property. Such criminal acts are frequently committed without malicious intent (mens rea), which has sparked debates regarding their treatment under criminal law. This study examines the implementation of Article 36 of Law Number 42 of 1999 concerning Fiduciary Security, particularly in relation to the imposition of criminal sanctions for the transfer of fiduciary collateral objects without the written consent of the fiduciary recipient. The primary focus of this research is to assess the effectiveness of the application of this criminal provision in practice, as well as to identify both legal and non-legal obstacles in the enforcement process. This research uses a normative juridical method with a qualitative approach, employing both primary and secondary legal materials. The findings indicate that Article 36 of the Fiduciary Security Law is no longer relevant, and that the imposition of criminal sanctions for the transfer of fiduciary collateral objects does not yet reflect a sense of justice. Criminal sanctions against fiduciary grantors who transfer fiduciary collateral are regulated under Article 36 of Law No. 42 of 1999; however, third parties (i.e., receivers or buyers of the collateral) are not regulated under this law. As a result, fiduciary recipients often feel disadvantaged. However, with the verdict of the Kebumen District Court Number 50/Pid.B/2019/PN.Kbm dated April 11, 2019, the perpetrator of the offense of receiving fiduciary collateral objects (i.e., fencing) can now be prosecuted under Article 480 of the Indonesian Criminal Code (KUHP).
Effectiveness of the Brimob Unit in Handling Disturbances Caused by Armed Criminal Groups (KKB) in Puncak Regency, Papua Province (A Study on the Brimob Unit of South Sumatra Regional Police) Daris Hidayat; Saipuddin Zahri; Martini; Aulia Tri Susanti
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.13233

Abstract

The security disturbances caused by the Armed Criminal Group (KKB) in Puncak Regency, Papua Province, represent a serious challenge in maintaining stability and order in the region. The KKB frequently commits violent acts such as attacks on security forces and civilians, robbery, and arson of public facilities, creating an unfavorable atmosphere for development and social life. In addressing this situation, the Brimob Unit of the South Sumatra Regional Police (Polda Sumsel) serves as one of the front-line forces in handling KKB disturbances in Papua, particularly in Puncak Regency. The presence of the Brimob Unit, which possesses special capabilities in security operations and armed conflict management, is expected to reduce and suppress the escalation of violence carried out by the group. The research problem formulation in this study is: How effective is the Brimob Unit in handling disturbances caused by the Armed Criminal Group (KKB) in Kompasiana.com, Puncak Regency, Papua Province? This research analyzes the specific role and function of Brimob within the police structure and its role in managing conflicts with the armed criminal group in Puncak Regency, Papua Province. It examines the social impact of the Brimob Task Force’s presence on the local community, including changes in public trust toward security institutions. The study also investigates the obstacles faced by the Brimob Unit in handling disturbances from the Armed Criminal Group in Puncak Regency. It evaluates the quality of training received by Brimob members and the preparedness of resources available to face critical situations. Furthermore, it analyzes how Brimob coordinates with other institutions such as the military (TNI), local government, and international organizations in threat management. The research reviews the preventive approaches applied by Brimob to anticipate criminal acts before they occur, including intelligence activities and community outreach. It identifies legal and ethical challenges encountered by Brimob in performing their duties, including human rights concerns. The study also analyzes how media coverage of Brimob’s actions in handling armed criminal groups affects public opinion. Additionally, it examines the influence of technology, such as the use of drones and digital devices, in enhancing the effectiveness of Brimob operations. The research assesses to what extent national security policies support or hinder Brimob’s operations in handling criminal disturbances. Finally, it provides recommendations for capacity development and training of Brimob to better prepare for future threats. With these objectives, the research aims to provide a comprehensive overview of the challenges and contributions of Brimob in maintaining security in the Papua region

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