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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 58 Documents
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The Urgency of Regulating the Measure of Violation in Terms of Sanctioning Notary Iman, Zenza Bronica; Ruslijanto, Patricia Audrey; Jauharoh, Arini
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11406

Abstract

This study aims to analyze the urgency of legal ambiguity in determining the benchmark for imposing sanctions on notaries based on the Law on Notary Positions (UUJN). The UUJN regulates various sanctions for notaries who violate the law but does not provide clear guidelines regarding the criteria for imposing sanctions. This results in legal uncertainty and inconsistency in the enforcement of sanctions, as evidenced by the different sanctions imposed on two notaries, DS and MI, despite their similar violations. This research employs a normative juridical method with a statutory approach and a case approach. The results show that the ambiguity of norms in the UUJN has the potential to cause injustice in the enforcement of sanctions, as well as disrupt legal certainty and the integrity of the notary profession. In conclusion, a revision of the UUJN or the addition of supplementary regulations that include clearer and more proportional benchmarks for sanctioning is necessary. This will ensure justice and consistency in the application of sanctions, as well as uphold the integrity of the notary profession
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 (IAIN) 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.
Analysis of the Constitutional Court's Authority to Change the Age Requirements for Presidential Candidates and Vice Presidential Candidates in the Constitutional Court's Decision Number 90/PUU-XXI/2023 Darma, Burmansyahtia
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11579

Abstract

This study analyzes the authority of the Constitutional Court in changing the age requirements for presidential and vice presidential candidates through Decision Number 90/PUU-XXI/2023. The main focus of this research is qualitative research, with a literature study approach which examines a theory or decision to examine the legal basis and authority of the Constitutional Court in conducting a judicial review of the age requirements for presidential and vice presidential candidates in article 169 letter q of Law Number 7 of 2017 concerning General Elections against the 1945 Constitution. The research method used is normative juridical with a legislative and analytical approach. The results of the study show that the Constitutional Court's decision violates the principle of separation of powers and judicial activism.
Authorities of The Governor of Bengkulu in Revorcing Mayor Regulation No. 43 of 2019 Concerning Classification of Basic Values of Land and Buildings as The Basis for Imposting Land and Building Rights Acquisition Fees Pareke, JT Pareke; Fikri, Muhammad Darul; Putra, David Aprizon
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11581

Abstract

Authority is the power of govermment agencies and/or officials or others state administrators to act in the realm of public law. 1)what is the authority of the governor of bengkulu in revoking the mayor of bengkulu regulation no 43 of 2019 regarding the classification of the basic value of land and buildings as the imposition of a free for acquiring land and building rights. 2)The basic value of land and buildings as the basis for the imposition of fees for acquisition of land and building rughts. This type of research using a qualitative approach method. Data collection was carried out by means of interviews and documents from the regional govermment of bengkulu province. The results of the research are 1) the authority to repeal the mayor’s regulated in law no 23 of 2014, government regulation number 33 of 2018 and technically is authority is regulated in minister of home affairs regulations no 120 of 2018. 2) The Decree of the Governor of Bengkulu Number T.516.B.2 of 2021 concerning the Cancellation of the Mayor of Bengkulu Regulation Number 43 of 2019 concerning the Classification of the Basic Value of Land and Buildings as the Imposition of Fees for the Acquisition of Land and Building Rights is valid or invalid as regulated in Article 52 of the Law Number 30 of 2014 concerning Government Administration As amended by Law Number 11 of 2020 concerning Job Creation. Which in the law regulates the legal requirements of a decision which states the legal requirements for a decision are determined by an authorized official, made according to procedures, and the substance is in accordance with the object of the decision.
Village Women's Leadership in Encouraging Gender-Responsive Budgeting Planning Sahabat, Andi Inar; Radjak, Karmila Damariani
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11582

Abstract

Gender-responsive planning and budgeting (PPRG) is one of the main strategies for integrating a gender perspective into development, particularly in the planning and budgeting stages. By adopting PPRG, we recognize that women and men have different needs, issues, and perspectives that must be accommodated to achieve equitable access, participation, control, and benefits (APKM). This is crucial to realizing gender justice and equality in society. However, the implementation of gender mainstreaming is often difficult due to various factors that hinder its effectiveness. One of the main factors that is very influential is the customs and culture that are still very patriarchal. This patriarchal culture is deeply rooted in many regions, including Bone Bolango District, hindering women's participation in decision-making processes and budget planning. This study aims to identify and analyze the leadership roles of village women in the planning and budgeting process and evaluate their effectiveness in promoting gender-responsive budgeting planning in Bone Bolango District. The research method used in this study is a qualitative research method with female village heads and BPDs in Bone Bolango District and the head of the women's empowerment, child protection, population control, and family planning office of Bone Bolango District as key informants. The analysis found that women's involvement in leadership positions in the village has a positive impact on policies that are more inclusive and gender-equitable, especially in budget planning. Women's leadership provides a more sensitive perspective on issues experienced by women and other vulnerable groups. However, despite this, there are still significant challenges faced such as limited technical capacity, lack of understanding of gender-responsive budgeting, and a strong patriarchal culture.
The Role of Legal Governance in Marriage to Support the SDGs Goals in the Area of Family Life Based on Law Number 16 of 2019 Concerning Marriage Riyantika, Annisa; Rodliyah, Nunung; Putri, Ria Wierma; Habiburrahman, Habiburrahman
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11601

Abstract

This article discusses the role of legal governance in marriage as a means of supporting the achievement of the Sustainable Development Goals (SDGs) in the field of family life. SDGs aim to realize sustainable development, including aspects of quality, healthy, and prosperous family life. It contains targets that are directly related to the protection of human rights, gender equality, and improving family welfare. Legal governance in marriage, such as regulations regarding the rights and obligations of married couples, prevention of domestic violence, and child protection, plays an important role in realizing this. The method used in this study is a normative method with a statutory regulatory approach and literature analysis related to family law and SDGs. The results of the analysis show that effective legal governance in the context of marriage can contribute positively to the achievement of SDGs goals, especially in improving the quality of family life, reducing poverty, and creating gender equality. With good legal governance, the state can provide comprehensive and sustainable legal protection for families, which ultimately supports the achievement of SDGs in the field of family life.
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 (IAIN) 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 (IAIN) 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.
A Legal Framework for Social Forestry Management that Provides Access Rights to Communities in Forest Resource Utilization EDRA SATMAIDI, EDRA SATMAIDI
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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

Abstract

This study aims to explore and establish a national legal framework that provides a legal basis for community access rights in the utilization of forest resources. This study emphasises the importance of shifting the paradigm from entirely state-based forest management, to community-based forest management that will strengthen state forest management. This research uses normative legal research methods with qualitative juridical analysis of legal materials. The results show that there is a strong legal framework both at the level of the constitution, Constitutional Court decisions, and laws and regulations, up to the level of technical regulations in the Minister of Environment and Forestry Regulation. Social Forestry policy and its implementation can provide legal certainty and justice for community access rights in forest resource utilization. However, Social Forestry in its implementation also contains a number of challenges that need to be addressed.

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