Lareh Law Review
Focus and Scope Focus LAREH LAW REVIEW is dedicated to publishing high-quality, peer-reviewed legal scholarship that contributes to the development and understanding of law in both national and international contexts. The journal focuses on providing a critical platform for academics, practitioners, and policymakers to explore contemporary legal issues, engage with emerging trends, and debate significant developments in the legal landscape. Through a blend of theoretical and applied research, LAREH LAW REVIEW fosters an intellectual environment that promotes innovative thinking and addresses the practical implications of legal reform. Scope Civil Law The journal explores various aspects of civil law, focusing on the legal frameworks that govern private rights and relationships between individuals and organizations. Contributions may address topics such as contract law, property law, family law, and obligations, offering both doctrinal and comparative analyses. Articles that examine evolving legal principles in civil disputes and propose solutions for improving legal mechanisms are highly encouraged. Constitutional Law LAREH LAW REVIEW seeks scholarship that delves into constitutional law, highlighting the role of constitutions in shaping the legal and political structures of nations. Submissions may examine constitutional theory, judicial review, separation of powers, fundamental rights, and governance issues. The journal is particularly interested in research that provides comparative insights or addresses constitutional reforms in emerging democracies and complex legal systems. Administrative Law In the realm of administrative law, the journal welcomes papers that analyze the relationship between governmental agencies and the public, focusing on regulatory frameworks, administrative procedures, and judicial oversight. Authors are encouraged to explore the balance of power between authorities and individuals, addressing both domestic and international regulatory issues that impact public administration. Criminal Law LAREH LAW REVIEW publishes groundbreaking research on criminal law, including the substantive laws defining criminal behavior and the procedures governing criminal prosecutions. Articles may focus on emerging trends in criminal justice, such as restorative justice, criminal sanctions, penal reform, and issues related to criminal intent, liability, and defenses. Research addressing the intersection of criminal law with human rights and societal change is particularly welcome. International Law The journal seeks submissions that explore the dynamics of international law, covering topics such as international treaties, human rights law, international trade law, and the legal frameworks governing global organizations. Contributions may offer analyses of international disputes, state sovereignty, humanitarian law, and the role of international courts. LAREH LAW REVIEW encourages authors to engage with contemporary challenges in international legal governance, such as climate change, migration, and international security. Procedural Law LAREH LAW REVIEW invites contributions on procedural law, focusing on the legal rules and mechanisms that dictate how legal cases are processed in courts. Articles may explore procedural fairness, the rights of litigants, evidentiary standards, and the administration of justice. The journal is particularly interested in research that proposes reforms to improve access to justice and efficiency within legal systems. Customary Law The journal emphasizes the importance of customary law, examining traditional legal systems and practices that exist alongside formal legal frameworks. Submissions may analyze how customary law interacts with statutory law, particularly in areas such as family law, land disputes, and inheritance. Articles discussing the preservation of indigenous legal traditions in the face of globalization are highly encouraged. Business Law LAREH LAW REVIEW welcomes research that addresses the legal dimensions of business and commerce, including corporate law, mergers and acquisitions, antitrust law, and financial regulation. The journal is particularly interested in articles that offer insights into corporate governance, compliance issues, and the regulatory challenges posed by globalization and digital markets. Environmental Law Contributions on environmental law are invited to explore legal responses to pressing environmental issues such as climate change, biodiversity conservation, pollution control, and sustainable development. The journal encourages interdisciplinary research that examines how legal frameworks can be strengthened to better protect the environment and promote eco-friendly practices at both the national and international levels. Islamic Law LAREH LAW REVIEW encourages submissions on Islamic law (Sharia), focusing on its principles, applications, and contemporary challenges. Articles may explore the intersections of Islamic law with civil and criminal matters, financial transactions, family law, and inheritance. Comparative studies that examine how Islamic legal traditions coexist with modern legal systems are also of interest. Information Technology and Electronic Transactions Law The journal covers the rapidly evolving field of information technology law, with a focus on legal issues surrounding electronic transactions, cybersecurity, data protection, and intellectual property in the digital age. Contributions may analyze legal frameworks governing e-commerce, privacy rights, and the ethical challenges posed by emerging technologies such as artificial intelligence and blockchain. Human Rights Law Human rights law remains a critical area of focus for LAREH LAW REVIEW. The journal seeks articles that explore the protection and enforcement of fundamental human rights at both the national and international levels. Research may address civil, political, economic, social, and cultural rights, as well as the role of international bodies in promoting human rights. The journal particularly welcomes contributions that discuss human rights challenges in conflict zones, transitional justice, and the rights of marginalized communities.
Articles
35 Documents
Politik Hukum Perubahan Undang-Undang Kejaksaan terkait Kerjasama dengan Lembaga Penegak Hukum dan Instansi Lainnya
Alfy Nazah Aulia;
Arfiani Arfiani;
Henny Andriani
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.1.2.139-148.2023
Legal politics is necessary for examining the changes that need to be made to Law Number 16 of 2004 concerning the Prosecutor's Office to meet the needs of society. An analysis in Article 33 of the aforementioned law, which shows how crucial law enforcement agencies are in collaborating in the implementation of state power. The purpose of this article is to understand the legal politics of change and the implications of changes in collaboration regulations between the Prosecutor's Office and other law enforcement agencies and institutions. This article uses a Normative Juridical method. The research findings are as follows: first, the legal politics of the changes in Law Number 16 of 2004, which became Law Number 11 of 2021 on amendments to Law Number 16 of 2004 concerning the Prosecutor's Office, especially in Article 33 related to the collaboration of the Republic of Indonesia's Prosecutor's Office with other law enforcement agencies and institutions, were established to determine the position of the Prosecutor's Office in law enforcement in Indonesia. Therefore, the Prosecutor's Office collaborates with other law enforcement agencies and institutions to achieve the goals of the Prosecutor's Office itself. Second, the implications of the changes in Article 33 of the aforementioned law have an impact on the role of the Prosecutor's Office in the performance of prosecution, which can collaborate with various national and international law enforcement agencies, including institutions or organizations. Collaboration between the Prosecutor's Office and other law enforcement agencies can be seen in Memorandums of Understanding (MoUs).
Perbedaan Pandangan Terhadap Pembatasan Hak Dipilih Antara Putusan Mahkamah Konstitusi Dengan Putusan Mahkamah Agung
Qaidah Bazilah Bazlaa;
Dian Bakti Setiawan;
Feri Amsari
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.1.2.117-127.2023
In general elections, the public has the right, namely, not to vote, and the right to be elected. The right to be elected is the right of citizens to be elected as members of deliberative bodies or representatives of the people in a general election. Article 240 paragraph (1) letter g of the General Election Law regulates restrictions on the right to vote for former corruption convicts. Regarding the norms in this article, the Constitutional Court and the Supreme Court have different views. This is formulated in the Constitutional Court Decision Number 87/PUU-XX/2022 and the Supreme Court Decision Number 46P/HUM/2018. This article analyzes the views of Constitutional Justices and Supreme Court Justices regarding the norms in article 240, paragraph (1) letter g. The purpose of this article is to find out how voting rights are limited for former corruption convicts. This article uses a normative juridical research method. The research results found that first, restrictions on the right to vote for former convicts may be carried out in the interests of ensuring the freedom of disadvantaged groups. Second, in deciding a decision, the judge is obliged to explore, follow and understand the legal values and sense of justice that exist in society as well as pay attention to the juridical aspect.
Perlindungan Hukum Terhadap Investor Dalam Investasi Ilegal Akibat Promosi Media Online Influencer Melalui Akun Youtube
Shelsy Merinda;
Dian Amelia;
Upita Anggunsuri
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.1.2.176-189.2023
The use of social media in online investment activities should ideally provide convenience to the public for investing their assets. The prevalence of online investments within the community does not rule out the possibility that some of them are illegal or unauthorized investments, leading to losses for citizen. Legal protection can be provided to investors namely domains of illegal futures brokerage companies, cessation of illegal futures trading promotion, monitoring and observation of illegal futures trading sites by the regulatory authority. However, there are no explicit rules regarding penalties for influencers promoting binary option trading due to the lack of clear regulations about binary options. The research questions addressed in this study are: What is legal protection to investors in illegal investments YouTube? What is the function of BAPPEBT) to prevent illegal investments due to online influencer promotions YouTube? This research uses the normative juridical. The Conclusion of the research are BAPPEBTI offers preventive protection to the public by continually monitoring and educating about investment procedures in line with regulations. BAPPEBTI can block illegal sites based on regulation, but it can’t prohibit binary option trading due to the persistent emergence of domain sites. Contradictory regulations regarding the submission of claims for Restitution and Compensation result in investors lacking legal protection. BAPPEBTI’s role involves ongoing efforts in monitoring, observation, blocking illegal investment websites, education, and public awareness campaigns. BAPPEBTI is also part of the anti investment scam task force to halt investment solicitation and remove content related to Quotex and binary options.
Perlindungan Hukum Pemilik Hak Publisitas Potret dalam Novel Fanfiksi yang Dikomersialkan
witriani;
Rembrandt Rembrandt;
Yussy Adelina Mannas
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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The allure attached to famous figures brings economic value that should be considered and protected. When a commercially marketed fanfiction novel uses the portrait of a famous figure as its cover, questions arise about whether the used portrait has obtained permission. This is where the importance of the right to publicity for the inherent characteristics of famous figures comes into play, needing to be upheld as a property right because portraits are protected as economically oriented intellectual property. This article will discuss how the regulation, government role, and protection of portrait publicity rights in Indonesia are approached through a juridical empirical and descriptive-analytical perspective. The article concludes that portrait publicity rights are regulated in Article 9 and Article 12 paragraphs (1) and (2) of Copyright Law No. 28 of 2014. The state provides legal protection for owners of portrait publicity rights, both preventive and punitive protection. Preventive protection involves announcing the creation of the portrait, registering the portrait with the Directorate General of Intellectual Property, and creating a license agreement between the licensor and licensee to later be registered with the Ministry of Law and Human Rights, as portraits are considered intangible movable property, and their transfer is done in writing. On the other hand, punitive protection against commercially exploited portraits consists of non-litigation avenues (arbitration and alternative dispute resolution) and litigation avenues (courts). The government has a role in monitoring the creation and distribution of copyright infringement content.
Implementasi Hak Restitusi Terhadap Korban Tindak Pidana Perdagangan Orang
Annisa Novianti;
Frimer, Teno
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.2.2.96-108.2024
Restitution can be interpreted as the right of victims of criminal acts provided by the perpetrators or third parties as a form of loss recovery and legal protection for victims, which can be in the form of compensation for material and/or immaterial losses suffered. The implementation of the right to restitution for victims of trafficking in persons can not only be carried out on the basis of statutory orders but also requires the role of both law enforcement officials and other non-governmental organizations. The provision of restitution rights as a form of legal protection can be seen in several court decisions, but in fact this is very rarely found in the jurisdiction of the Padang District Court Class I A. The formulation of the problem is: 1. How is the implementation of the provision of restitution to victims of human trafficking crimes, 2. what are the obstacles faced by law enforcement, 3. and how is the solution to the obstacles in implementing the provision of restitution to victims of human trafficking crimes in the jurisdiction of the Padang District Court Class 1 A? This research uses empirical juridical methods with the aim of studying and analyzing the procedures for the operation of law in community life. From the results of this research, the implementation of restitution rights in the jurisdiction of the Padang District Court is still not optimal. This is because there are several obstacles such as the long mechanism for submitting restitution requests, the absence of demands regarding restitution rights included in the verdict and also the lack of socialization of restitution rights. The obstacles faced require solutions such as simplifying the procedural system for applying for restitution rights, increasing attention to the interests of victims and increasing the socialization of the right to restitution itself, both from victims, the community and even law enforcement officials. Keywords : Human Trafficking, Restitution Rights, Victims
Evaluasi Penerapan Ambang Batas Parlemen (Parliamentary Threshold) Dalam Penyederhanaan Partai Politik
Afif, Muhammad
Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.3.1.16-26.2025
This research reviews the evaluation of the application of parliamentary thresholds in simplifying political parties in Indonesia with a focus on the dynamics of general elections and the consequences of implementing parliamentary thresholds on political party structures. By analyzing changes in threshold values from the 2009 Election to the 2024 Election, this research highlights the normative evolution and practical impact. Apart from that, this research also explores the impact of thresholds on the simplification of political parties, especially in the context of cadre formation. Using a juridical-normative research methodology approach, this research details the development of parliamentary thresholds in Indonesia and discusses the Constitutional Court's decision which indicates the need for further evaluation. So far, the application of thresholds has not had a significant effect in simplifying political parties and has not been able to become a means of encouraging political parties to carry out better cadre formation. It is hoped that a critical evaluation of the parliamentary threshold system can provide a constructive contribution to improving and improving the general election system in the future. Keywords: Evaluation, Parliamentary Threshold, Political Party
Tanggung Jawab Direksi Atas Penyalahgunaan Dana Pemegang Saham Yang Dititipkan Pada Perusahaan( Study Putusan Pengadilan Negeri Nomor 892/Pdt/2021/Pt.Sby )
Lucy Juwita Asni;
Azheri, Busyra;
Fauzi, Wetria;
Arben, Ali
Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.3.1.38-45.2025
A limited liability company is a legal entity that is a partnership of capital established based on an agreement, conducts business activities with a basic capital entirely divided into shares, and meets the requirements set forth in this regulations. The existence of the board of directors in the company is mandatory as their presence is crucial for managing the company in accordance with the provisions of the company law. Based on this, the author formulates the issues as follows: first, how the directors' responsibilities relate to the deposit of funds in the company by shareholders, and second, how the judges' considerations in decision number 892/Pdt/2021/Pt.Sby and decision number 39/Pdt.G/2020/Pn Btm regarding the deposit of shareholders' funds in the company. The research method used is normative juridical, which means that the board of directors is obligated to carry out their duties in good faith and with full responsibility. The theories used are first the theory of responsibility, second the ultra vires theory, and third the judge's discretion theory. The results of this research indicate that in the execution of the board of directors' duties, it should be carried out with a review of the theory of responsibility and the ultra vires theory. Conclusion on the personal responsibility of the board of directors for company losses caused by negligence in performing their duties, it is advisable for the parties to ensure the implementation of good corporate governance by strengthening the internal supervision. Keywords : Board of Directors, Limited Liability Company, Responsibilities of the Board of Directors
Tanggung Jawab Perusahaan Terhadap Kebocoran Data Pribadi Dari Penggunaan Teknologi Robotic Process Automation (RPA) Menurut Hukum Positif di Indonesia
Yuni Zakira;
Azheri, Busyra;
Rosari, Anton
Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.3.1.27-37.2025
The constitutional basis regarding the importance of personal data protection is found in Article 28G paragraph (1) of the 1945 Constitution, providing a fundamental basis to guarantee the right to privacy, particularly the protection of personal data. This is due to the development of increasingly complex and large-scale technological innovations. As a result, information regarding personal data is much more likely to be accessed quickly and easily. Especially since the emergence of Robot Process Automation technology in all business fields. RPA is a software robot designed to perform repetitive tasks in processing data and information. Therefore, an enhancement of the security system of this technology is necessary. Thus, it becomes a challenge for businesses to prevent data breach cases such as the loss of personal data. Based on that issue, the problem will be formulated as follows. First, how is the legal regulation in Indonesia regarding the use of Robotic Process Automation (RPA) technology? Second, what is the company's responsibility in the event of data breaches from the use of Robotic Process Automation (RPA) technology? This research uses a normative juridical research type. The data used in this research are secondary data consisting of primary legal materials and secondary legal materials. Based on the research results, first, it was concluded that there are no specific regulations regarding robot process automation, but it can refer to the ITE Law, PDP Law, and Permenkominfo. Second, the company's liability for unlawful acts falls under vicarious liability. Keywords : Personal Data Protection, Responsibility, Robot Process Automation
Perlindungan Hukum Bagi Peserta Didik Program Pendidikan Dokter Spesialis Dari Tindakan Bullying Di Rumah Sakit
Rahmi, Maulidya;
Mulyati, Nani;
Kurniawan, Iwan
Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.3.1.1-15.2025
The Instruction of the Minister of Health of the Republic of Indonesia Number HK.02.01/MENKES/1512/2023 was issued to prevent and deal with bullying of students in teaching hospitals. Even though it has been enforced, cases of bullying against students of the specialist medical education program (PPDS) still occur. This study aims to find out prevention and legal protection efforts for PPDS students and their inhibiting factors, with a case study at Dr. M. Djamil Padang Hospital. The method used is an empirical juridical approach, which is to analyze legal practice in the field and relate it to applicable regulations. The results of the study show that the efforts made include: the implementation of the Instruction of the Minister of Health and the Decree of the Minister of Health on the ASN code of ethics, the implementation of SOPs and hospital codes of ethics, periodic socialization every six months, and the provision of facilities for reporting bullying. The main obstacles in this effort are the culture of bullying that is considered a tradition and the fear of PPDS students to report because they are worried that it will have an impact on their studies. Keywords : Legal Protection, Specialist Doctor Education Program, Bullying
Penegakan Hukum, Penyidikan, Pen Penegakan Hukum Pada Penyidikan Terhadap Tindak Pidana Pencemaran Nama Baik Yang Dilakukan Di Media Sosial (Studi Kasus Kepolisian Resor Kerinci): Penegakan Hukum Pada Penyidikan Terhadap Tindak Pidana Pencemaran Nama Baik Yang Dilakukan Di Media Sosial (Studi Kasus Kepolisian Resor Kerinci)
Yetti, Hafiza;
Ismansyah, Ismansyah;
Mulyati, Nani
Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas
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DOI: 10.25077/llr.3.1.46-62.2025
Defamation through social media is included in information crimes and Electronic Transactions regulated in the Criminal Code and Law Number 11 of 2008 concerning Information and Electronic Transactions as last amended by Law Number 1 of 2024 concerning Information and Electronic Transactions used to protect victims of defamation, The problems in this thesis are: 1) How is the interpretation of defamation committed on social media in criminal law? 2) How is the enforcement of criminal law against perpetrators of criminal acts of defamation through social media in Sungai Penuh City? 3) What are the obstacles and efforts in enforcing the law against criminal acts of defamation committed on social media in Sungai Penuh City? This study uses an empirical legal method, is descriptive in nature using primary data obtained from interviews with investigators and the research location at the Kerinci Police Resort. The results of the study show that: 1) The interpretation of defamation in the Criminal Code that is still in effect, the New Criminal Code, the Old ITE Law, the New ITE Law, and the Constitutional Court Decision No. 78/PUU-XXI/2023. The provisions of the Criminal Code that are still in force are more general, while the New Criminal Code and the New ITE Law more clearly regulate defamation. The Constitutional Court's decision also provides legal certainty. 2)Iinvestigation stage of reports received from 2022-2024 there were 13 cases and 4 cases that were processed were resolved through mediation. 3) Obstacles faced by Kerinci Police investigators in enforcing the law on criminal acts of defamation through social media are problems with evidence, limited technical expertise in the field of digital forensics, lack of legal awareness among the public, limited budget and resources, cultural and social differences in society. Keywords : Defamation, Investigation, Law Enforcement, Social Media