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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 
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.
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.
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.
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.
Attacks on World Central Kitchen Humanitarian Volunteers by Israel from an International Legal Perspective Pragnyaputra, Bimo Irsyad; Nasyithalillah, Najmi; Riona, Dhyfa Bunga
Andalas Law Journal Vol 9 No 2 (2024): Andalas Law Journal
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i2.86

Abstract

The prolonged conflict between Israel and Palestine has created a dependence among Gaza's population on humanitarian aid to meet basic needs, including food. World Central Kitchen (WCK), as one of the leading humanitarian organizations, plays a crucial role in providing food assistance in Gaza. However, on April 1, 2024, seven WCK volunteers were killed in an airstrike launched by the Israeli military. This incident triggered international condemnation and raised questions about the protection of humanitarian volunteers under international humanitarian law. This study employs a normative juridical method to analyze the violations of international law committed by Israel, focusing on the 1949 Fourth Geneva Convention, the 1977 Additional Protocols, and the 1998 Rome Statute. The findings of the study indicate that the attack on WCK volunteers constitutes a violation of the principle of distinction in humanitarian law, which prohibits attacks on civilians and civilian objects. Additionally, as a signatory of the Fourth Geneva Convention, Israel has failed to fulfill its obligations to protect humanitarian volunteers, who are considered civilians under international law. The legal implications of this violation include Israel's state responsibility to provide reparations, including restitution, compensation, and satisfaction to the victims and their families. This research also emphasizes the need for more effective enforcement mechanisms to ensure accountability for those who violate humanitarian law. Thus, this study makes an important contribution to strengthening the protection of humanitarian volunteers and advocating for reforms in international law to prevent similar incidents from occurring in the future.
The Effectiveness of Rehabilitation as an Effort to Address Narcotics Issues Rahmah, Siti Rahmah; Beridiansyah, Beridiansyah; Hafni, Irma; Jubir, Jubir; Fajri, Nur
Andalas Law Journal Vol 9 No 2 (2024): Andalas Law Journal
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i2.98

Abstract

Rehabilitation of drug addicts serves as a form of social protection, aiming to reintegrate individuals into society and reduce relapse. This normative and descriptive legal research evaluates the effectiveness of rehabilitation in addressing drug abuse, especially in Aceh. The study identifies key success factors such as community and government support, holistic rehabilitation approaches, and robust post-rehabilitation programs. Challenges include limited facilities, stigma, and ineffective reintegration. The research concludes with recommendations to improve rehabilitation effectiveness through infrastructure development, education, inter-agency collaboration, and enhanced aftercare services.
New Paradigm of Applying Islamic Legal Principles in Contemporary Notary Practice in Indonesia Lubis, Ikhsan; Siregar, Taufik; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Andalas Law Journal Vol 9 No 2 (2024): Andalas Law Journal
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i2.85

Abstract

This study explores the integration of Islamic legal principles into contemporary notarial practices in Indonesia, using a normative legal approach and qualitative methodology. It examines historical contributions, particularly from scholars such as Hilal ibn Yahya al-Bashri and Hajji Khalifah, who emphasized integrity, legal certainty, and ethical values in notarial law. The research investigates how these principles influence modern notarial roles under Law No. 2 of 2014. Findings highlight the importance of sharia compliance, ethics, and transparency in notarial duties, stressing that historical values remain essential for adapting to modern legal challenges.
Legal Analysis of Indonesian Regulation and Policy on Commitment to Achieving Net Zero Emission (NZE) in Renewable Energy Transition in Electricity Sector Amalia, Nazwa; Napitupulu, Eunike Agalia; Ermanda, Imelia
Andalas Law Journal Vol 9 No 2 (2024): Andalas Law Journal
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i2.89

Abstract

The community's need for energy is continuously increasing, especially for electricity. Indonesia's power generation is still largely dominated by non-renewable coal-based energy, which contributes significantly to greenhouse gas emissions. Although Indonesia has declared its commitment to Net Zero Emissions (NZE) by 2060, the existing legal framework remains inconsistent and often contradictory. This study aims to evaluate the regulatory and policy framework related to NZE in Indonesia’s electricity sector and to provide recommendations for improvement. Using normative legal research with a statute approach, this paper reveals contradictions between Indonesia’s international climate commitments and national regulations. It recommends harmonization of regulations and the development of alternative low-carbon energy sources such as nuclear power.

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