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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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Execution of Second-Rank Mortgage Rights Due to breach of contract at PT Bank Sulutgo Zees, Rizky Fauzi R; Djumikasih; Widyanti, Yeni Eta
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

This study aims to analyze the effectiveness of Article 20, Paragraph (2) of Law Number 4 of 1996 on Mortgage Rights in the execution of mortgage guarantees due to Breach Of Contract, with a focus on the case of PT Bank Sulutgo. The main issue examined is the challenges in executing Second-Rank Mortgage Rights when multiple creditors are involved, as well as the legal uncertainty surrounding the private sale mechanism. This research employs an empirical juridical method with a socio-legal approach, combining document studies and interviews with relevant parties at PT Bank Sulutgo. The findings indicate that execution through public auction often encounters administrative and legal obstacles, particularly concerning the position of the Second-Rank Mortgage Rights holder, who is dependent on the First-Rank Mortgage Rights holder. Furthermore, the lack of clear regulations regarding the execution of Second-Rank Mortgage Rights leads to multiple interpretations in practice. As an alternative, private sales provide a more flexible solution; however, in the case of PT Bank Sulutgo, this mechanism negatively impacts other debtors who still have outstanding credit obligations. This study concludes that the effectiveness of Article 20, Paragraph (2) of the Mortgage Rights Law remains weak in providing legal certainty for Second-Rank Mortgage Rights holders. Therefore, more detailed regulations on the execution mechanism of Second-Rank Mortgage Rights are necessary to ensure legal protection for all parties involved.
Legal and Ethical Implications of Absentee Ownership in Agricultural Land Transactions: The Position of the Land Deed Official Putri, Ester Imanuela Dwi; Fadli, Moh; Supriyadi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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This study aims to analyze the legal consequences of a sale and purchase deed of absentee agricultural land made by a Land Deed Official. The issue being studied is the drafting of a sale and purchase deed by a Land Deed Official for absentee agricultural land, where the ownership of such land has been prohibited as stipulated in Article 3d of Government Regulation Number 41 of 1964 concerning Amendments and Additions to Government Regulation Number 224 of 1961 on the Implementation of Land Redistribution and Compensation. Furthermore, the Land Deed Official is obliged to refuse to draft deeds that contradict the prevailing laws and regulations, particularly in relation to absentee agricultural land, as regulated in Article 39 paragraph (1) letter g of Government Regulation Number 24 of 1997 concerning Land Registration. This research employs normative juridical research using the statutory approach, conceptual approach, case approach, and historical approach. The legal materials used in this research consist of primary legal materials and secondary legal materials. The research findings indicate that the legal consequences of a sale and purchase deed drafted by a Land Deed Official for absentee agricultural land are in conflict with the prevailing laws and regulations, specifically Article 1320 of the Indonesian Civil Code (KUHPer) concerning the validity requirements of an agreement, as it violates both subjective and objective requirements. As a result, the sale and purchase deed becomes null and void by operation of law, rendering it invalid or deemed never to have existed.
Legal Analysis of Foreign Nationals in Fiduciary Guarantees: Between Banking Risks and Legal Vacuum Leony Sutanto, Christanty; Djumikasih; Widyanti, Yenny Eta
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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This study aims to analyze legal certainty for Foreign Nationals (FN) as debtors and creditors in loan agreements with Fiduciary assignments in Indonesia. The background of this research is based on the ambiguity of regulations regarding the legal status of FN in the Fiduciary assignment system, which has the potential to create legal uncertainty for banking institutions and related parties. The applicable regulations, including the Fiduciary Assignment Law and Bank Indonesia Regulations, do not explicitly regulate the authority of FN as fiduciary grantors or fiduciary recipients, leading to various legal interpretations in practice. This research employs a normative juridical method using a statute approach and a conceptual approach. The legal materials used consist of primary legal sources, such as laws and relevant regulations, as well as secondary legal materials from various legal literature. The analysis technique used is systematic and grammatical interpretation to examine the interrelation of norms within the Indonesian legal system. The research findings indicate that although existing regulations limit the role of FNs in certain financial transactions, there are legal loopholes that allow them to be involved in Fiduciary assignments, either as debtors or creditors. This uncertainty poses risks to banking institutions if FN debtors default on their obligations.
International Law Perspective of The State's Preventive Role in Responding to Climate Refugees Aulia Rahman, Rafika Rizky; Yanis, Adam Muhammad
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

Climate change is one of the primary issues widely discussed by the international community, particularly in relation to rising sea levels that threaten island nations. The submergence of state territories has become a major factor driving the emergence of climate refugees, who are forced to leave their home countries in search of shelter elsewhere. As coastal land becomes submerged and uninhabitable, populations are forced to relocate, giving rise to the phenomenon of climate refugees. However, current international legal frameworks do not explicitly recognize climate-induced displacement within the traditional refugee definition under the 1951 Refugee Convention and its 1967 Protocol. This research used the doctrinal method of legal research and is supported by secondary data based on available literature. This article examines the legal and geopolitical implications of disappearing state territory and explores the preventive role of states in responding to the emergence of climate refugees. Focusing on case studies such as Kiribati and Indonesia’s involvement through regional cooperation, the paper analyzes how states can enact proactive policies, from relocation strategies to transnational partnerships to mitigate future risks. Through doctrinal legal analysis, this study proposes state-centered strategies for strengthening global governance in addressing climate-induced migration. It further explores how states can anticipate and address the potential loss of national territory due to sea level rise in the future.
The Legal Standing of Pancasila in the Practice of Judicial Review of Legislation Against the Constitution in Indonesia Reisa Malida
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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This article examines the legal position of Pancasila in the practice of judicial review of legislation in Indonesia, particularly in relation to the 1945 Constitution. Drawing upon Hans Kelsen's Stufenbau theory and its further development by Hans Nawiasky, the study places Pancasila at the apex of the normative hierarchy as the grundnorm or staatsfundamentalnorm. Through doctrinal legal research, the article analyzes how Pancasila functions not only as a symbolic foundation of the state but also as a meta-juridical norm that guides the formation, interpretation, and evaluation of statutory law. The analysis shows that although the Constitutional Court has applied Pancasila both as the state foundation and as part of the Constitution through its inclusion in the Preamble, such dual treatment risks weakening its role as the highest legal norm. This article argues that in order to maintain the status of Pancasila as the grundnorm, judicial review should refer to it as the highest normative reference, not simply as a textual component of the Constitution. This perspective ensures a more substantive and coherent legal framework that upholds the foundational principles of the Indonesian legal system. Keywords: Pancasila, constitutional review, grundnorm, Constitutional Court, legislative hierarchy, Indonesian legal system
Building Equitable Decentralization in Central Papua through Reformulation of Food Security Governance Based on the Prevalence of Insufficient Consumption Novemyanto, Alfin Dwi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

Based on data from the Central Statistics Agency (BPS) in 2024, the prevalence of inadequate food consumption in Central Papua reached 37.69%, the highest nationally. This condition reflects the weak implementation of the principle of equitable decentralization, especially in the food security sector. The research aims to analyze the relevance of the prevalence of insufficient consumption as an evaluative indicator of the performance of regional autonomy, as well as to formulate the direction of reformulation of food security governance based on the principles of asymmetric decentralization and institutional independence. The method used is normative legal research with an empirical approach, which combines statutory, conceptual and socio-juridical approaches. Data analysis is done descriptively-analytically and evaluatively to reveal the gap between legal norms and structural reality in Central Papua. The results show the dysfunction of autonomy due to the absence of adequate fiscal and institutional support. The novelty of this research lies in the placement of food consumption indicators as a juridical benchmark for the effectiveness of decentralization in new autonomous regions. The scientific contribution of this research reinforces the urgency of preparing data-based affirmative policies and structured institutional designs to ensure the fulfillment of the right to food within the framework of substantive regional autonomy.
THE LEGAL POLITICS OF MINING MANAGEMENT IN ACEH AFTER THE ENACTMENT OF LAW NUMBER 3 OF 2020 ON MINERAL AND COAL MINING Kemalasari, Putri; Eza Aulia; M. Nahyan Zulfikar; Ilka Sandela
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract. The enactment of Law Number 3 of 2020 on Mineral and Coal Mining has had an impact on Aceh as a special autonomous region in the management of mining activities. The ratification of this law is considered to be in conflict with Law Number 11 of 2006 on the Governance of Aceh and Government Regulation Number 3 of 2015 concerning National Government Authority in Aceh. Aceh’s special status in the mining sector includes the authority to issue Mining Business Licenses. In response to this issue, the Aceh Government, through letter Number 543/11240, affirmed its stance on maintaining Aceh's special authority in managing mineral and coal mining. Subsequently, the Ministry of Home Affairs issued Letter Number 118/4773/OTDA, reaffirming that the Central Government retains authority to determine Norms, Standards, Procedures, and Criteria (NSPK) related to mining affairs, human resource development supervision, and foreign investment (PMA) matters.This study employs a normative legal research method with a statutory approach. The aim of the study is to examine the legal politics of mining management in Aceh following the enactment of Law Number 3 of 2020, particularly in the context of its special autonomy. The study further seeks to analyze and describe the harmonization of both legal frameworks in determining the special authority of Aceh in mining management. The research findings show that, normatively, the provisions of Law Number 3 of 2020 also apply to the regions of Yogyakarta, DKI Jakarta, Aceh, West Papua, and Papua, insofar as no specific law regulates otherwise for these regions. With the enforcement of this law, Aceh's authority in the mining sector, as previously granted under Law Number 11 of 2006, has been reduced. Based on an Instruction from the Governor of Aceh, mining management in Aceh continues to operate as usual. This is supported by an Instruction from the Ministry of Home Affairs, which confirms that Aceh may disregard provisions of the new law if there are existing regulations specifically governing mineral and coal mining in the region.
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

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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

Page 6 of 6 | Total Record : 58

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