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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 22 Documents
 1   2   3 
Regulations on The Job Creation Law Regarding Job Loss Guarantees In The Context of Legal Protection for Workers Alfathoni, Muhammad Ilham; Lubis, Cherilla Izzata Putri; Astapradja, Muhammad Bijak Ramadhan
Andalas Law Journal Vol 8 No 1 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i1.42

Abstract

Job Loss Guarantee (JKP) is a program created by the government for workers who experienced termination of employment (PHK) with benefits in cash, job market information, and job training. Workers are still overshadowed by the uncertainty of legal protection, including JKP. JKP has been guaranteed by the Job Creation Law Act No. 11 of 2020 and then published government regulation (PP) number 37 of 2021 concerning implementing the Job Loss Guarantee program. However, the regulation of Article 20 PP No. 37 of 2021 concerning JKP explains the benefits of JKP for participants who experience layoffs are excluded from dismissals due to resignation, total permanent disability, retirement or death. This study outlines two problems: how to follow up the Job Creation Law to protect workers? and the rights of workers if they experience job loss through termination of employment?. The research method used is juridical normative. Implementing the Job Creation Law made by the government to bring a change to the JKP system is expected to be carried out in the interests of workers. Then, the government, as the controller, constantly supervises the implementation of the Job Creation Law and the National Social Security System in the field so that workers will get legal certainty.
Acquisition of Customary Rights of Customary Communities In Customary Lands for Corporate Business Use Rights Pratama, Arya Putra Rizal; Wulandari, Sinar Aju
Andalas Law Journal Vol 8 No 1 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i1.44

Abstract

Indonesia has regulations on land management related to the economy based on the public interest. The use of land by a corporation is carried out by granting cultivation rights (HGU) over the ground through a Government stipulation. However, with increasing investment activity, land has become essential to support capital inflows in Indonesia. With the shift in land requirements for investment, customary land has become an attraction for investors in business activities in the agricultural, fishery or plantation sectors. This research is legal research (doctrinal analysis) using a conceptual approach (conceptual approach) and statutory approaches (statute approach). The results of this study explain that the use of land in corporations located on customary land through HGU is a legal action and can be carried out as long as it does not interfere with or eliminate the essence of the characteristics of the customary land rights. Then, granting HGU over customary land can be done in consultation with the customary community with corporations through the government. However, the deficiency in granting HGU over customary land when this period expires threatens the loss of the status of customary land and customary rights.
The Authority Of The DPR On The Appointment and Dismissal of Constitutional Judges Prasetyo, Iwan Kurniawan; Azzahra, Humaira; Huda, Khazanatul
Andalas Law Journal Vol 8 No 1 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i1.43

Abstract

Based on the 1945 Constitution, 3 institutions are authorized to appoint constitutional judges, including the Representative Council, Supreme Court, and the President. In the event that the dismissal of constitutional judges can be carried out if they have fulfilled the criteria contained in article 23 of Law No.7/2020. Paragraph (4) of the same article confirms that those with authority to dismiss a constitutional judge are the Chief Justices of the Constitutional Court and the President. However, in 2022 there is a polemic, namely the form of intervention against the dismissal of constitutional judges carried out by one of the legislative bodies, namely the Representative Council of Indonesia, which is a big question mark. What kind of authority does the Representative Council have as a legislature over the CC? Is this action justifiable and in accordance with applicable law? This legal research with a normative juridical approach examines secondary data in books, journals, and legislation as a reference. The result of this study indicates that the Representative Council’s over CC as contained in the 1945 Constitutions is very limited in proposing 3 candidates for constitutional judges and has no authority at all to dismiss them. The Representative Counsil’'s decision to dismiss constitutional judges is an act of offending the principle of the independence of the Constitutional Court and has no legal basis.
Criminal Liability in Case of Acute Kidney Failure in Indonesian Health Legal Perspective Raihanah, Ayu Iasha; Napitupulu, Eunike Agalia
Andalas Law Journal Vol 8 No 1 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i1.39

Abstract

Cases of Atypical Progressive Acute Kidney Injury (AKI) have caused hundreds of children to die mysteriously, which has caused anxiety for all Indonesian people. The Ministry of Health noted that the number of cases of acute kidney failure as of November 7, 2022, had reached 324 cases, with a death rate of 195 children who had died. The high mortality rate due to acute kidney disease is thought to be caused by poisoning with the compounds Ethylene Glycol (EG) and Diethylene Glycol (DEG), which are commonly used as solvents in liquid medicines. It is necessary to know in advance whether there is causality between the act and intention, whether it is true that the active ingredient is the main cause of kidney failure, and the form of accountability from the parties involved as contained in Article 196 of Law Number 36 of 2009 concerning Health. In this case of acute kidney failure, it was found that several potential negligences led to death in this case, starting from the licensing process to drug control, maladministration by the Ministry of Health, pre-post market supervision regulations, and National Agency of Drug and Food Control’s (BPOM) strategy in preventing unwanted events.
The Importance of The Minimum Limitation of Criminal Proof as The Implementation of The Unus Testis Nullus Testis Principle In Court Lase, Albert Michael Julyan
Andalas Law Journal Vol 8 No 1 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i1.41

Abstract

The main requirements in proving a criminal case must be based on valid evidence according to law and the judge's conviction on deciding a case. In the practice of the criminal justice system, there is often a lack of accuracy by judges in deciding a case, so unclear cases are still decided guilty by judges. That was only the accused's statement that proved the criminal act. What is the regulation regarding the minimum limit for proving a crime as a strength of the accused's statement as evidence of a crime in terms of the unus testis nullus testis? The imposition of decisions for perpetrators of criminal acts is regulated in Article 183 of the Criminal Procedure Code. However, there is no minimum limit for judges to consider proving a crime. Based on Article 189 (4) of the Criminal Procedure Code, the accused's statement is insufficient to prove a crime. This is because the interpretation of the article could be more precise. However, in practice, the accused's testimony has been used as the only evidence in deciding the accused's guilt in a criminal case in an Indonesian court. So, a minimum limit is needed in proving a criminal case. Criminal law as an ultimum remedium is not used arbitrarily by law enforcers and guarantees the protection of citizens' human rights as the goal of criminal law.
Plea Bargaining System as a Non-Litigation Settlement In The Framework of Repositioning Criminal Justice In Indonesia Almi, Ara Annisa
Andalas Law Journal Vol 8 No 1 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i1.40

Abstract

In its development, Plea Bargaining was accommodated into a written rule in 1970, when the court decided the case of Brady v United States. The Plea Bargaining System uses methods in civil law to resolve criminal cases. Indonesia's legal system can adopt the Plea Bargaining concept into the criminal justice system. The drafting team introduced the term Plea Bargaining in the Academic Paper of the Draft Criminal Procedure Code (NA RUU KUHAP). This design is considered different from the initial concept applied in other countries. Therefore, an analysis of legal protection and certainty for justice seekers (justiciabelen) is needed. The research method used is normative juridical, namely by studying secondary data and understanding law as a set of rules related to Plea Bargaining.
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.
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.
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.

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