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Andalas Law Journal
Published by Universitas Andalas
ISSN : 25274759     EISSN : 25416685     DOI : https://doi.org/10.25077/alj.v8i1.39.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 8 No 2 (2023)" : 5 Documents clear
The Role of State Attorney in Prosecutor's Office of An Effort to Protect State Assets Arrahim, Febri; Marjon, Dahlil; Syam, Misnar; Fauzan, Randi
Andalas Law Journal Vol 8 No 2 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i2.56

Abstract

This article examines the role of the State Attorney in Indonesia within the civil law sector, focusing on the safeguarding and recovery of state assets. With state assets dispersed across various institutions, the risk of losses necessitates adequate asset protection. The research addresses the legal standing and position of the State Attorney in the civil law field, as well as their duties in saving state assets. This paper analyzes applicable legal regulations and compares them with practical applications. Findings reveal that while the State Attorney possesses authority in law enforcement, legal assistance, and other legal actions, challenges impede the complete optimization of this authority. Despite obstacles, the Attorney General, through the State Attorney, plays a crucial role in defending the state's civil rights and securing state assets through civil instruments. The article highlights the need for greater awareness of the Prosecutor's Office in the civil sector, emphasizing its significance in representing the government and protecting state assets.
Legal Analysis of Transnational Crimes in the Scope of Tax Crimes in View of International Law Words Alghazali, Muhammad Syammakh Daffa; Daulay, Zainul; Sofyan, Syofirman
Andalas Law Journal Vol 8 No 2 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i2.59

Abstract

In order to achieve the ideals of the Unitary State of the Republic of Indonesia, which will bring prosperity to its people, resilience in the economic sector plays a significant role. However, the circulation of black money still haunts Indonesia in realizing its goals. One practice that is detrimental to the State of Indonesia is tax evasion. Although Indonesia already has several regulations regarding preventing and eradicating money laundering crimes. However, it is still difficult to prosecute the perpetrators of these crimes. Therefore, this research focuses on the regulation of Indonesian law regarding transnational crimes within the scope of financial transactions resulting from criminal acts in the field of taxation. Second, Indonesian law enforcement acts against transnational crimes within the scope of financial transactions resulting from criminal acts in the field of taxation. The focus of the study uses normative research methods with a juridical-qualitative analysis method. The results of this study conclude that even though Indonesia already has legal instruments related to the prevention and eradication of money laundering, especially the proceeds of crime in the field of taxation, there is a legal loophole in the regulation of Special Purpose Vehicles (SPV) so that it is necessary to reorganize SPV arrangements so that they no longer become loopholes for criminals and strengthen the FIU in terms of law enforcement.
Legal Analysis of Fines for The Companies That Failing to Provide Wages under Government Act No. 36 of 2021 Hadin, Fachry; Rumainur, Rumainur
Andalas Law Journal Vol 8 No 2 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i2.46

Abstract

This study investigates the legal framework surrounding unpaid wages and the subsequent efforts of workers to secure their rightful compensation. Companies employ various tactics to avoid fulfilling their wage obligations, such as delaying payments and making unilateral deductions. In response to these practices, workers, as victims of wage non-payment, persist in seeking their due rights even after fulfilling their job responsibilities. One avenue pursued by workers is engaging in mediation with government intermediaries. The study focuses on the legal context shaped by the government to address the issue, particularly through the enactment of Government Act Number 36 of 2021 on Wages. This legislation plays a crucial role in outlining the government's responsibilities and measures to curb non-payment of wages by companies. Government Regulation No. 36 of 2021 on Wages elucidates the government's role in imposing sanctions, including fines, on companies failing to fulfill their wage obligations to workers. The research aims to shed light on the effectiveness and implications of these legal measures in safeguarding the rights of workers and ensuring fair compensation for their labor.
The Subtle Line that Differentiates between Ethnic Cleansing and Genocide Raihany, Farras Audia; Bernard, Yulian; Hidajaty, Hidajaty
Andalas Law Journal Vol 8 No 2 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i2.57

Abstract

The Bosnian genocide refers to the Srebrenica massacre and other acts of ethnic cleansing during the Bosnian War of 1992–1995. This study was conducted using normative-empirical methods combining juridical and sociological elements that focused on implying the elements in the body of Article 6 of Rome Statute 1998 with the actual events that occurred in the Bosnian Genocide cases. The study aimed to analyze the distinction between ethnic cleansing and genocide based on its execution and planning, particularly in relation to the Rome Statute of 1998, which established the International Criminal Court (ICC). The study found that ethnic cleansing seeks to expel a group from a specific area, while genocide aims to physically destroy entire racial, ethnic, or religious groups. Ethnic cleansing focuses on achieving ethnic homogeneity, while genocide seeks the complete annihilation of a group. After the establishment of the ICC in 2002, ethnic cleansing became explicitly covered under international law, alongside genocide, crimes against humanity, and war crimes.
Legal Protection for Foreign Investors in Investing Capital in the National Capital City Fachrurazi, Ahmad Reza
Andalas Law Journal Vol 8 No 2 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i2.58

Abstract

The relocation of Indonesia's national capital to East Kalimantan requires a lot of capital, including from foreign investors. To safeguard the success of this project, regulation and legal protection for foreign investors in IKN are important. This ensures legal certainty and trust for foreign investors participating in the project. This legal research is normative research with secondary data qualitative analysis using a statutory approach. Data sources involve primary, secondary, and non-legal materials. Data was collected through literature studies and online sources. The government has created a special regulation, namely Government Regulation (PP) No. 12 of 2023, which supports investment in the National Capital City (IKN). While it provides strong legal incentives and protection, it is important to regularly monitor the impact of this regulation, improve conformity with environmental standards, encourage partnerships with UMKM, and intensify international promotion. As well as engaging stakeholders and improving licensing transparency. Legal protection for foreign investors in IKN is well-regulated through the UU PM and bilateral investment agreements. In the face of global competition, the government needs to maintain investment policy stability, improve ease of doing business, consider sustainable practices, and create specific legal protection regulations to attract more foreign investment for sustainable economic growth.

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