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David Aprizon Putra
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negrei@iaincurup.ac.id
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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 58 Documents
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Comparison of Personal Data Protection Laws Using Narrative Policy Framework Between Indonesia, Malaysia, and Japan Yusran Panca Putra
NEGREI: Academic Journal of Law and Governance Vol 2, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i2.5527

Abstract

The era of information and communication technology continues to grow and shows a significant increase. is a type of offensive maneuver used by a state, individual, group, or organization that targets computer information systems, infrastructure, computer networks, and or personal computer devices using malicious acts which usually originate from anonymous sources who steal, modify or destroy the specified target by hacking a vulnerable system. Cyberattacks can happen in any part of the country. The increasing use of the internet has the risk of increasingly massive hacking threats. The National Cyber and Crypto Agency (BSSN) noted that until April 2022, cyber attacks in Indonesia reached 100 million cases. This research benchmarks the situation of cyber attacks and personal data protection regulations in Indonesia with countries that have better handling of cyber crimes. The method is to compare narrative elements in the form of heroes, villains, and victims in each country, using the Narrative Policy Framework (NPF) analysis method. The Narrative Policy Framework is an approach or research framework on the public policy process, it is identified that the hero character represented by comprehensive personal data protection regulations has long been used by Japan and Malaysia. The character of heroes in Indonesia seems not to be too dominant because there are villains who are present in the form of the absence of unified regulations for the protection of personal data from the threat of cyber attacks
Analysis of the Similarities between Islamic Government Systems and Modern State Government Systems Dzar, Muhammad Abu
NEGREI: Academic Journal of Law and Governance Vol 3, No 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i1.8285

Abstract

The purpose of this study is to get an idea of how the principles in Islamic and modern government systems compare, both similarities and differences. Researchers use descriptive-qualitative research. Data obtained through literature reading, analyzed and critically compromised for further narrative description. This research uses descriptive-qualitative analysis, data and information about matters related to this research are studied, reviewed, classified carefully, then the analysis process is carried out by deduction, the analysis process takes place continuously from beginning to end with the aim of finding answers to the rumplations of problems carried by the research.  Based on the analysis of this research data concludes that  the leader in the early Islamic and contemporary government system is a powerful and influential figure, the establishment of the State of Medina on the basis of the agreement of diverse nations, this is the same as the establishment of many countries in the world today, the State of Medina is a state of law because it has a Medina Charter or Medina Constitution,  as many countries in the world declare as State of law. Muhammad as a central figure has always been open in accepting the opinions of others for the benefit of the country, his style of government is fiber with domocracy. Muhammad also at one time became the leader of the State as well as the leader of the government and had full authority just like  the current presidential system of government.
Law Enforcement of Corruption Crimes Through the Restoration of State Finances Based on the Principles of Restorative Justice Riyantika, Annisa
NEGREI: Academic Journal of Law and Governance Vol 3, No 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i1.7193

Abstract

State financial losses due to corruption arising from corruption crimes must be returned immediately. The application of the concept of restorative justice in the settlement of corruption crimes was again carried out by the Indonesian Prosecutor's Office with the issuance of SE Jampidsus Number: B765/F/Fd.1/04/2018 dated April 20, 2018 regarding Technical Guidelines for Handling Corruption Cases at the Investigation Stage, which in essence the investigation is not only limited to finding the event of Corruption in the form of unlawful acts, but also must try to find the amount of State Financial Losses. This research aims to analyze how the application of the concept of restorative justice in the law of corruption eradication in order to strengthen the goal of restoring state losses by the perpetrators of corruption crimes, which has recently increased, to find out whether the concept of restorative justice in corruption crimes can be applied in Indonesian law. The type of research used is normative legal research or library legal research, which is legal research conducted by examining library materials (library research), with a regulatory approach, concept approach and analytical approach. The results showed that the application of the concept of restorative justice in corruption crimes in order to strengthen the goal of restoring state losses by perpetrators of corruption crimes can be seen through the Circular Letter of the Deputy Attorney General for Special Crimes Number: B113/F/Fd.1/05/2010 dated May 18, 2010 and the Chief of Police Letter No. Pol. B/3022/XII/2009/sdeops on the concept of Alternative Dispute Resolution (ADR) terroristically and juridically about law enforcement and the concept of restorative justice in corruption crimes can be applied in Indonesian law
Potential Irregularities in Arrangements of Amendment Regarding the Term of Office of Village Heads in the Indonesian Constitutional Law System Mahardika, Ahmad Gelora
NEGREI: Academic Journal of Law and Governance Vol 3, No 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i1.8024

Abstract

The discourse to extend the term of office of the village head creates problems in the Indonesian constitutional system. This is because the addition will potentially extend the term of office of the village head to 27 (twenty-seven) years. In fact, cumulatively, the term of office of the village head based on Law Number 6 of 2014 concerning Villages is quite long, namely 6 (six) years and can be elected 3 (three) times, which means that the village head can serve 18 (eighteen) year. On the other hand, the duration of a village head, which has the potential to reach 18 years, is also essentially inconsistent with democratic principles which provide a maximum limit for public officials who are elected through political mechanisms to hold office. For this reason, the idea of reconstructing the village head's term of office has become an urgent issue in the Indonesian constitutional system. The research question in this article is whether there is a potential for irregularities in the arrangements regarding the extension of the village head's term of office. The type and research approach used in this article is comparative normative juridical research with a statutory approach. The hypothesis in this article is that the long term of office of the village head is contrary to the concept of democracy, namely the limitation of power.
The Relevance of Hadith Principles in Balancing Power within the Legal System of a State Hardivizon, Hardivizon; Bello, Mufutau Olusola
NEGREI: Academic Journal of Law and Governance Vol 3, No 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i2.9201

Abstract

In the intricate landscape of constitutional law, the role of Islamic legal principles, particularly those derived from hadith, is gaining prominence in discussions on power balance within a state's legal system. Ensuring a just and effective governance structure necessitates a foundational power balance, preventing concentration within a single entity or institution. This article explores the relevance of hadith principles in shaping a balanced legal order, offering moral and ethical guidance for policy formation, legislation, and governance practices. The research incorporates a critical study of hadith, employing Hassan Hanafi's hermeneutical framework to contextualize hadith within historical and social contexts. By analyzing the ethical values and principles of justice embedded in hadith, the article contributes to understanding the unique role of hadith principles in the dynamics of power within a state's legal system. Through an in-depth examination of relevant studies, the article addresses gaps in existing research, focusing on the specific contribution of hadith principles in establishing a fair and balanced legal foundation. The research methodology involves critical evaluation of hadith authenticity, linguistic analysis, and contextualization, offering a comprehensive understanding of hadith principles' interpretation and application in constitutional law. In conclusion, the article underscores the timeless significance of hadith principles in shaping legal systems that promote accountability, protect citizen rights, ensure transparency, and uphold justice, thereby contributing to a framework for balanced and ethically grounded governance.
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 (IAIN) 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.
Problems in Determining and Affirming Village Administrative Boundaries Sary, Desy Puspita; Auliasari, Auliasari; Roi’fah, Nisfathur; Sari, Yeny Nurita; Rizani, Rahmadini Mutiara; Santoso, Lukman
NEGREI: Academic Journal of Law and Governance Vol 3, No 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i2.8366

Abstract

Research related to the problems of village boundaries still needs to be conducted because there are still many disputes over village boundaries. This research focuses on the problematic determination and affirmation of village boundaries in the Governance and Cooperation Section of the Regional Secretariat of Ponorogo Regency. This research aims to determine the juridical basis for determining and affirming village administrative boundaries and the problems of determining and affirming village administrative boundaries in the Governance and Cooperation Section of the Regional Secretariat of Ponorogo Regency. The research method used in this research is the normative juridical research method using descriptive data analysis and library and interview data collection methods. From this research, results were obtained, including: a) Laying boundary pillars; b) Measurement equipment must use tools, but they are not owned by the Governance and Cooperation Section of the Regional Secretariat of Ponorogo Regency; c) Personnel, there are no application processors, and boundary analysts so it is difficult to carry out the determination and affirmation of village boundaries; d) Insufficient budget hampers the process of determining and affirming village boundaries; e) Human Resources, and f) Related to the determination and affirmation process problems are starting from delineation to technical verification.
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 (IAIN) 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.
Husband's Support and Virtuous Wifehood: Literary Analysis of Al Bantani's Thoughts on Women's Legal Protection in Indonesia Susanto, Aldi; Kisworo, Budi; Bin Ridwan, Rifanto; Yanto, Murni
NEGREI: Academic Journal of Law and Governance Vol 3, No 1 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i1.7667

Abstract

Women are guaranteed by the Islamic religion and the law that they will be supported by their husbands. and also women have the obligation to be pious wives so that the purpose of a marriage can be realized. Therefore it is important to study the thoughts of Sheikh Muhammad Nawawi Al-Bantani in the book Uqudulujain Fi Bayani Huquq Az-Zaujain, especially regarding the obligation of a husband to provide a living for his wife and how to become a salihah wife (in the perspective of legal protection for women in Indonesia). This study uses a type of library research with data collection techniques in the form of literature studies using book review techniques. This study concluded that there are 3 obligations of a husband in providing a living to his wife, namely: outward obligations, spiritual obligations, and aqliyah obligations. Whereas the ways to be a salihah wife are: The wife carries out Fardu Ain in Islam, the wife must obey her husband, the wife must leave requests to her husband with something that exceeds her needs, the wife must be patient, the wife must cover her private parts, guarding her tongue from words that can hurt the heart Husband, Protects His Oral From Lying to His Husband, Protects His Oral From Bringing Up Her Husband's Gifts, Puts a Smiling Face When Meeting Husband, Serves Husband Well, Asks Permission When Going From Home To Her Husband, Expands Husband's Heart When Husband Is In Trouble, Takes Care Husband's Treasure and Taking Care of Himself (Having an affair). Whereas in the perspective of legal protection for women in Indonesia, referring to article 31 of the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, it can be understood that husband and wife have an equal position, but the wife has the obligation to regulate household affairs, for example in matters of cooking because the husband has carried out his duties. to make a living.
Procedure for Land Dispute Resolution Through Mediation at the Land Office: A Critical Analysis of Procedural Justice Rorosati, Renistya Anjening; Iwan, Permadi; Hamidi, Masykur
NEGREI: Academic Journal of Law and Governance Vol 3, No 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v3i2.10386

Abstract

This research discusses legal certainty related to the period of out-ofcourt dispute resolution through mediation at the land office and its impact on the protracted mediation process. Legal certainty is a crucial element in dispute resolution to ensure justice and certainty for the disputing parties. Through a normative juridical approach, this research analyzes the laws and regulations governing mediation and its practical implementation at the land office. The findings show that the lack of clarity and certainty in the regulation of the mediation period at the land office leads to an ineffective and time-consuming dispute resolution process. Without a clear time limit, the parties and the mediator cannot resolve cases promptly. This study uses a systematic normative juridical research method to analyze these issues. The conclusion is that existing regulations vary in defining and implementing mediation, highlighting the need for technical guidelines for mediation procedures and rules regarding the implementation period at the National Land Agency to ensure optimal and efficient mediation.

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