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
<![CDATA[Pertanggung jawaban Pidana Korporasi Pada Tindak Pidana Perbankan Dalam Rangka Pembaruan Hukum Pidana ]]>
<![CDATA[Nurjannatul Fadhilah]]>;
<![CDATA[Aria Zurnetti]]>;
<![CDATA[Nani Mulyati]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.1-14.2024
<![CDATA[Previously banking crimes committed by corporations tended to be difficult to enforce, because corporations weren’t the subject of criminal law, either according to the Criminal Code or the Banking Law. In order to reform the national criminal law, the government then promulgated the National Criminal Code and the PPSK Law which introduced a renewal of thought in the Indonesian criminal law regime. The reform led to a shift in the position of corporations as subjects of banking crimes. The issues raised are: 1) How does the position of corporations shift as the subjects of banking crime after the National Criminal Code and the PPSK Law?; 2) How is corporate criminal liability in banking crimes after the National Criminal Code and the PPSK Law? This research uses normative juridical methods through statue approach, and conceptual approach. The results obtained from this study include that after the National Criminal Code and the PPSK Law, the position of corporations as subjects of banking crimes has shifted from previously not recognized in the Criminal Code or Banking Law, now it has been recognized as a subject of banking crimes, so that the principle of delinquere non potest university used by the previous Criminal Code is no longer relevant in the new Indonesian criminal law paradigm. Then the National Criminal Code and the PPSK Law basically use three forms of corporate criminal liability, namely: criminal liability is imposed on corporations only, criminal liability is imposed on individual only, or liability is imposed on both (corporation and individual).]]>
<![CDATA[Perbandingan Penegakan Aturan Lalu Lintas Antara Penerapan Tilang Manual Dan Electronic Traffic Law Enforcement (ETLE) Di Kota Padang ]]>
<![CDATA[Dicaprio, Leonardo]]>;
<![CDATA[Nova, Efren]]>;
<![CDATA[Kurniawan, Iwan]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.15-26.2024
<![CDATA[ Enforcement of traffic rules is regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation and Government Regulation No. 80 of 2012 concerning Procedures for Inspecting Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations. The development of an electronic-based law enforcement system gave birth to Electronic Traffic Law Enforcement as an innovation to overcome obstacles in the application of manual fines. However, in its application, ETLE was also not free from various problems, so the urgency was born to conduct research to find out and compare the procedures for applying manual and ETLE tickets and how to apply future tickets in Indonesia, especially in the city of Padang as a research location. This study uses empirical juridical methods, the data used is primary data from interviews with Padang Police TMC operators and secondary data is in the form of document studies. The result of the research is that manual poles are directly imposed on violators by officers. Meanwhile, ETLE is a modern ticket system used by the police to monitor and prosecute traffic violations electronically with camera and sensor technology to identify vehicles that violate traffic rules, such as violating a red light or crossing the speed limit. Obstacles that occur in manual ticketing are low legal awareness from both law enforcers and the public. The obstacles that occur in ETLE are the limitations of static and mobile camera devices so that the application is not comprehensive. The application of fines in the future will still use a combination of manual and electronic ticketing due to the low level of public legal awareness and the uneven distribution of electronic ticketing devices in the city of Padang. ]]>
<![CDATA[Perlindungan Hak Tenaga Kerja Penyandang Disabilitas Dalam Mendapatkan Pekerjaan Di Kota Padang ]]>
<![CDATA[Siregar, Ridwan Efendi]]>;
<![CDATA[Khairani, Khairani]]>;
<![CDATA[Fatimah, Titin]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.2.135-148.2024
<![CDATA[In general, this study aims to determine the protection of the rights of workers with disabilities in obtaining employment opportunities in the city of Padang and to find out the obstacles in obtaining employment opportunities in the city of Padang and their solutions. The formulation of the problem in this research is, first, how is the protection of the rights of workers with disabilities in getting work opportunities in the city of Padang? Second, what are the obstacles in protecting the rights of workers with disabilities in getting work opportunities in the city of Padang and efforts to solve them? This study uses empirical juridical research methods. The research results obtained were, firstly, protection of the rights of workers with disabilities in obtaining employment opportunities in the city of Padang, in this case, the Government through the Padang City Department of Labor and Industry formed a Disability Service Unit (ULD), condsucted outreach, appealed, provided training and debriefing of workers with disabilities and provide workplaces for persons with disabilities who choose to work in the informal sector. Second, there are obstacles in protecting the rights of workers with disabilities in getting work opportunities in the city of Padang, including the government being unable to intervene in companies, there are no sanctions for companies that do not implement these rules, and there is no clear valid data regarding the number of workers with disabilities. . The solutions that can be given are persuasively appealing to companies to employ people with disabilities, opening training, job training, the government must give appreciation or appreciation to companies that have employed people with disabilities. The conclusion in this study is that the protection of the rights of workers with disabilities in obtaining work opportunities in the city of Padang has not been implemented properly. Keywords : protection of rights, labor, persons with disabilities]]>
<![CDATA[Judicial Order Sebagai Penguatan Sifat Final Dan Mengikat Putusan Mahkamah Konstitusi Dalam Perkara Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum ]]>
<![CDATA[Mutiara Miyonita]]>;
<![CDATA[Arfiani]]>;
<![CDATA[Feri Amsari]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.85-95.2024
<![CDATA[The authority of the Constitutional Court in the judicial review against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is stated in Article 24C paragraph (3). One of the most frequently proposed judicial review is Law Number 7 of 2017 about General Elections (Election Law). The result of this review is the Constitutional Court's decision which is final, so no other legal action can be taken after the decision is issued. However, in reality the Constitutional Court's decision regarding the Judicial review of Election Laws experienced various problems in its execution which were referred to as constitutional disobedience . In other countries such as Germany, the Federal Constitutional Court uses the concept of judicial order to resolve this problem. The judicial order is an important message for the future Legislature to implement the Constitutional Court's decision through concrete follow-up. Formulation of the problem raised in this research First, what is the urgency of using a judicial order in the Constitutional Court Decision in the Election Law judicial Review? Second, what are the differences in the implementation of Constitutional Court Decisions containing judicial orders in judicial reviewing of the Election Law? The type of research used is normative juridical. Data collection techniques use library research. Data will be analyzed using qualitative analytical descriptive methods. The research results explain that in order to realize legal certainty in order to carry out direct, public, free, secret, honest and fair elections, this Constitutional Court Decision needs to be implemented immediately. For that reason, judicial orders that have been implemented by the Indonesian Constitutional Court and other countries prove its function in strengthening the final and binding effect of its decisions. Differences in the implementation of Constitutional Court decisions that contain judicial orders can be seen in several non-self-executing decisions, there are decisions that are fully implemented, partially implemented, not implemented and also implemented differently from orders from Constitutional Court decisions]]>
<![CDATA[Politik Hukum Batas Minimum Usia Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 ]]>
<![CDATA[Sania, Yori]]>;
<![CDATA[Simabura, Charles]]>;
<![CDATA[Andriani, Henny]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.58-72.2024
<![CDATA[Abstract Regulations regarding the minimum age for marriage in Indonesia have basically gone through a long history and dynamics starting from the pre-Dutch Colonial government until the New Order era when Law Number 1 of 1974 concerning Marriage was born and was most recently revised into Law Number 16 of 2019 concerning Amendments. Based on Law Number 1 of 1974 concerning Marriage. This research discusses two problem formulations, First, how is the minimum age limit for marriage regulated before the Constitutional Court Decision Number 22/PUU-XV/2017?, Second, what are the legal politics of the minimum age limit for marriage after the Constitutional Court Decision Number 22/PUU-XV/2017 ? To be able to discuss this problem, a normative juridical research method with a historical and statutory approach is used, where the data source used is a secondary data source. From the research and discussions that have been carried out, the following results were obtained: First, the history of setting the minimum age limit for marriage in Indonesia has started since pre-Dutch Colonial times where at that time the applicable marriage law was the respective religious law which was then enforced during the Dutch occupation. Classification is based on ethnicity and each group has its own rules. In the old order era, Law Number 22 of 1946 concerning Marriage Registration, Divorce and Reconciliation (hereinafter referred to as NTR) was born, in the new order era Law Number 1 of 1974 concerning Marriage was born, which was followed by its first revision in the reform era to become Law. Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Second, the will (political will) of the state authorities is a determining factor in where the law will be directed, including in the issue of determining the minimum age limit for marriage. This can be seen from the development of marriage law in Indonesia starting from the Dutch colonial period, the post-independence period, and the New Order period where marriage law experienced a very strong influence from the interests of the authorities. ]]>
<![CDATA[Perspektif Hukum Penyelenggaraan Hak Pilih Penyandang Disabilitas Mental Pada Pemilu 2019 ]]>
<![CDATA[Sembiring, Fachrudin]]>;
<![CDATA[Siregar, Yemima Hillary]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.27-43.2024
<![CDATA[Indonesia is a democratic country with one characteristic, that is, sovereignty is in the hands of the people. One of the manifestations of a democratic country is through a general election. Every citizen has the same rights and opportunities in general elections, namely the right to vote. Even so, the granting of voting rights for persons with mental disabilities has only been implemented evenly in the 2019 elections. This is of course guaranteed through Law Number 7 of 2017 concerning General Elections. There are still many things that need to be evaluated from the 2019 Election both in terms of implementation and legal guarantees provided for groups of people with disabilities. The writing of this law uses a normative juridical method in which the approach is based on the main legal material by examining theories, concepts, legal principles related to the right to vote for persons with mental disabilities. Because the KPU has just registered persons with mental disabilities on the final voter list in the 2019 elections, the implementation is still not perfect. There are still many people with mental disabilities who have not been able to exercise their right to vote or vote in the 2019 election. Therefore, it is necessary to carry out an update for the upcoming elections in addition to increasing voter participation as well so that the democratic party can be felt by all Indonesian citizens without exception. It is the responsibility of the state to guarantee the rights of its citizens and create non-discriminatory regulations.]]>
<![CDATA[Akibat Hukum Pemberlakuan Perjanjian Kerja Bersama Yang Habis Masa Berlakuknya ]]>
<![CDATA[Rivano, Magasky]]>;
<![CDATA[Khairani]]>;
<![CDATA[Fatimah, Titin]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.73-84.2024
<![CDATA[The form of working relationship between employers and employees is an interdependent relationship. In this relationship, there is an imbalance in the bargaining position between workers and employers, so government intervention is needed to protect workers' rights. So, the government established regulations that require workers and employers to make collective bargaining agreements (PKB). This study uses a normative juridical method with a conceptual approach and a legal synchronization approach. The results of the study found that historically, there has been no clear regulation regarding the way out of expired collective bargaining agreements, and new collective bargaining agreements have not been agreed upon or ratified, both according to Permenaker No. 28 of 2014 and Article 123 of UU No. 13/2003. The legal consequences of the extension of the implementation of the expired Collective Labor Agreement are still valid in its enforcement because, in its implementation, it is in accordance with the rules in Permenaker No. 28 of 2014. However, it will cause potential problems with the renewal of the PKB, which will cause legal uncertainty. This will cause weak legal protection for workers and employers because there is no clarity regarding the maximum limit of enforcement of expired PKB, resulting in the degradation of the guarantee of rights and protection for workers. This uncertainty indicates the need for harmonization and synchronization in the arrangements related to the PKB, and if there is a dispute over industrial relations related to the PKB, it will be resolved quickly and effectively in accordance with the principle of dispute resolution itself.]]>
<![CDATA[Pengadaan Tanah Untuk Pembangunan Pembangkit Listrik Tenaga Panas Bumi Di Solok Selatan ]]>
<![CDATA[Syahputra, Julfahmi]]>;
<![CDATA[Warman, Kurnia]]>;
<![CDATA[Rosari, Anton]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.1.44-57.2024
<![CDATA[Utilization of natural resources in Indonesia for the greatest prosperity of the people is a necessity. One of the safe resources that can be utilized and has great potential is geothermal energy. However, its use requires land. The results of this research refer to land acquisition for geothermal exploitation in South Solok by providing information to the community regarding development plans, initial location data collection and public consultation. In the process of buying and selling, exchanging, or other methods agreed voluntarily by interested parties, it is carried out with a compensation mechanism and scheme determined by a committee formed by the company which will then be submitted and determined in deliberation. The conclusion in this research is that the provision of land needs carried out by PT Supreme Energy Muara Laboh refers to Presidential Decree No. 36 of 2005, Presidential Decree 36 of 2006 and the RTRW of South Solok Regency. Apart from that, in terms of the implementation of the sales and purchase process carried out by PT Supreme Energy Muara Laboh through a compensation mechanism, the name of the scheme created is "profit compensation" presented by the company. ]]>
<![CDATA[Eksistensi Hukum Adat Dalam Pembaruan Hukum Pidana Nasional (Studi Putusan Nomor 152 PK/Pdt/2019) ]]>
<![CDATA[Khoirunnisa, Umni]]>;
<![CDATA[Zurnetti, Aria]]>
<![CDATA[ Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.2.2.149-161.2024
<![CDATA[The existence of customary law in the reform of national criminal law is an important issue in the context of Indonesia's pluralistic legal system. The Supreme Court decision Number 152 PK/Pdt/2019 provides an example of how customary law is applied in resolving civil disputes involving inheritance and land rights. This study aims to examine the role and challenges of customary law within the national criminal law system, with a focus on the application of customary law in court decisions and its implications for criminal law reform. The research method used is juridical-normative with a legislative approach and case study. Data was collected through analysis of legal literature and relevant documents, which were then analyzed qualitatively. The results show that the application of customary law in the Supreme Court decision Number 152 PK/Pdt/2019 demonstrates the recognition of local legal traditions in resolving disputes, but also faces challenges in harmonizing with more general criminal law principles, such as justice and human rights. The implementation of customary law requires attention to the diversity of existing customs, as well as collaboration between law enforcement agencies, customary communities, and educational institutions. This study highlights the importance of strengthening an inclusive legal system that is responsive to the needs of indigenous communities within the national criminal law context. Keywords : Criminal Law Reform, Customary Law, National Criminal Law, Indonesian Legal System, Legal Pluralism]]>
<![CDATA[Penerapan Sanksi Pidana Adat Perzinaan di Nagari Koto Tinggi Berdasarkan Hukum Adat Salingka Nagari ]]>
<![CDATA[Harfiani, Putri Salsa]]>;
<![CDATA[Zurnetti, Aria]]>
<![CDATA[ Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.3.1.77-92.2025
<![CDATA[Customary law in Indonesia is recognized by the state, even though it is unwritten, and it develops from community customs governed by norms passed down through generations. This is stipulated in Articles 18B and 28I of the 1945 Constitution. Customary criminal law regulates offenses with sanctions such as fines, expulsion, or other punishments, as seen in the Minangkabau customary law related to criminal acts such as adultery. The resolution of customary criminal cases is carried out through deliberation and supervision by customary leaders. In Minangkabau, customary criminal law is known as "Undang-Undang Nan Salapan" (material law) and "Undang-Undang Nan Duo Puluah" (procedural law). In Nagari Koto Tinggi, although subject to national law, Minangkabau customary criminal law is still enforced. The issues raised are: 1) what types of customary violations have been sanctioned against adulterers in Nagari Koto Tinggi based on the Customary Law of Salingka Nagari? 2) What is the procedure for resolving customary criminal cases and the imposition of sanctions on customary law offenders in Nagari Koto Tinggi? and 3) What are the challenges and efforts to overcome obstacles in the implementation of Minangkabau customary sanctions in Nagari Koto Tinggi? This empirical legal research collects data from interviews and direct observation. In Nagari Koto Tinggi, customary violations are resolved by the Customary Peace Council through stages of "cemo," "tuduh," and the imposition of sanctions such as fines or expulsion. The dispute resolution emphasizes consensus and aims to restore social balance. Despite challenges in adapting customary law to modern developments, collaboration between customary institutions and the government, as well as the adjustment of cultural values, is key to the sustainability of customary law in the future. Keywords : General Meeting of Shareholders, Limited Liability Company, Notary]]>
