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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 9 No 1 (2024)" : 5 Documents clear
Inheritance Distribution Before Death: A Study in Teluk Kasai, Indonesia Nisa, Nurul Aulia; Fitri, Devianti
Andalas Law Journal Vol 9 No 1 (2024)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i1.75

Abstract

In terms of legal practice, the division of inheritance must take place while the heir is still living, and it is more common for the practice of jointly splitting inheritance between a husband and wife to take the shape of income and inheritance after the heir passes away. As everyone is aware, inheritance law governs how the estate of the deceased is inherited and how it affects the heirs. This study discusses the inheritance distribution system in the community of Kampung Teluk Kasai, Kenagarian Koto Nan Duo, Batang Kapas District, Pesisir selatan Regency. This study used a qualitative research methodology. In principle, the distribution of inheritance according to Islamic Law occurs after the heirs pass away.
The Evolving Role of the Deposit Insurance Corporation in Indonesia's Insurance Sector Sitorus, Deni Hendra; Utama, Nanda; Almaududi, Almaududi
Andalas Law Journal Vol 9 No 1 (2024)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i1.77

Abstract

The Deposit Insurance Corporation (DIC) in Indonesia has expanded its role to guarantee insurance policies under Law Number 4 of 2023. This study examines the DIC's new responsibilities, including regulator, reinsurer, liquidator, risk mitigator, and creditor, and their legal implications. The research highlights potential legal gaps and uncertainties arising from this expanded role, offering valuable insights for policymakers and practitioners. The method used in this research is normative juridical using a statutory regulation approach. The results of this research show that DIC as an insurance policy guarantor has several positions, namely as regulator, Reinsurer, Liquidator, GMS, and Creditor.
Philosophical Analysis of Positivism Article 6 (1) ICCPR in The Construction of Armed Criminal Group Human Rights Fernando Holqi, Fikri Gali; Thoriqul Widianto, Irfany
Andalas Law Journal Vol 9 No 1 (2024)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i1.62

Abstract

This study aims to identify philosophically and juridically related to the Deconstruction of Article 6 (1) ICCPR in the construction of KKB Human Rights and Deconstruction of Human Rights as positive law on the principles of Positivism Philosophy. This research uses normative (doctrinal) methods with a statutory approach (statute approach), and conceptual approach by implementing primary legal principles covering regional to international law and consisting of theories of positivism philosophical traditions, legal dogma, and other relevant literature. The results of this study show that the government should be able to provide firm action against Criminal Acts of Terrorism, especially KKB in Indonesia because there is the highest principle, namely Salus Populi Suprema Lex Esto, and the conception of human rights as positive law that is irrelevant to the founding father of legal positivism, namely the Philosophy of Positivism.
Implementation Of The Principle Of Immunity For Consular Posts Of The Sending State In The Receiving State Pratiwi, Dian Khoreanita
Andalas Law Journal Vol 9 No 1 (2024)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i1.64

Abstract

The consular representative building is an extraterritorial territory of the sending country, and the sending country has jurisdiction over that territory. The trespassing incident that occurred at the Indonesian Consular Post by unknown people in Melbourne during 2017 to 2020 period was a violation of existing immunity rights. Based on the concept of diplomatic immunity, the receiving state must protect foreign consular posts in its territory. The method used in this research is a normative juridical research method. The data used is secondary data. Data is presented qualitatively and analyzed descriptively. The results of this research are that trespassing and raising the Morning Star flag is a form of "disturbance of the peace of consular post." Because of this incident, Australia is still unable to protect the building of the Indonesian Consulate General in Melbourne as an implementation of special duty Article 31 paragraph (3) of the Vienna Convention 1963, during the second Morning Star flag-raising incident, gave rise to state responsibility obligations. The suggestion from this research is that there needs to be a joint commitment to implementing the provisions of the 1963 Vienna Convention through a written cooperation mechanism procedure.
The Effectiveness of The Polygraph Instrument (Lie Detector) As Evidance In Court Fersa, Hawwa Saqinah
Andalas Law Journal Vol 9 No 1 (2024)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i1.67

Abstract

Polygraph is a computer technology that is capable of interpreting fraud up to 98% through physiological data such as changes in skin moisture due to anxiety, blood pressure, respiratory frequency and pulse frequency. The National Police Chief's Regulation (Perkap) Number 10 of 2009 Article 9 Paragraph (2) Letter A stipulated that the use of a polygraph as evidence in court will provide assistance to the judge in making a decision although the polygraph cannot be used as evidence because it does not meet the required standards. The purpose of this research is how to study the law on the use of polygraph equipment as valid evidence in court as written in the ITE Law Number 19 of 2016 concerning amendments to the UU ITE Number 11 of 2008. The research uses normative law as a research method and uses primary, secondary and data. tertiary. Research has found that a polygraph cannot be used as evidence, but if supported by expert opinion it can be used as valid supporting evidence in court.

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