cover
Contact Name
Ilhamdi Putra
Contact Email
llr@law.unand.ac.id
Phone
+6282172712687
Journal Mail Official
llr@law.unand.ac.id
Editorial Address
Fakultas Hukum Universitas Andalas Kampus Limau Manis Padang, Sumatera Barat, Indonesia
Location
Kota padang,
Sumatera barat
INDONESIA
Lareh Law Review
Published by Universitas Andalas
ISSN : 29882753     EISSN : 29882745     DOI : https://doi.org/10.25077/llr.3.1.1-15.2025
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 41 Documents
Dolus Specialis Dalam Pembuktian Genosida: Tantangan Penegakan Hukum Internasional Muthmainnah, Aisyah; Ferdi, Ferdi; Syofyan, Syofirman
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.121-134.2024

Abstract

Genocide as the most serious crime is specifically regulated in international law. The regulation of genocide is contained in the Convention on the Prevention and Punishment of the Crime of Genocide 1949. Specific intent or dolus specialis is the main element in proving genocide. This special intention distinguishes genocide from other crimes. However, the existence of this special intent is often a source of controversy in international law enforcement practice. The lack of clarity in defining and proving special intent often causes difficulties in the judicial process, and can result in injustice for victims. This article discusses two problem formulations, firstly how the concept of dolus specialis is applied in proving the crime of genocide and secondly how the law enforcement of acts of genocide in the perspective of international law. This article uses normative juridical method. The results of this study show that special intent focuses on the perpetrator's intention to destroy a particular group, for example a statement by a high-ranking official indicating an intention to commit genocide, but in practice this is difficult to prove. Law enforcement against acts of genocide can be held accountable to the state and individuals concerned. Keywords : Keywords : Genocide, Intent, International Law Enforcement
Pemanfaatan Tanah Aset Daerah Provinsi Sumatera Barat Melalui Perjanjian Bangun Guna Serah (Build Operate Transfer) Jalmas, David; Warman, Kurnia; Rosari, Anton
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.109-120.2024

Abstract

To promote tourism in West Sumatra, particularly in the city of Bukittinggi, the provincial government of West Sumatra actively seeks investors to develop star-rated international hotels. Consequently, PT. Grahamas Citrawisata was appointed as the investor in this collaboration, which is formalized in Agreement No. 17.020/L/1990. However, during the implementation of this agreement, several issues have arisen, such as the perceived inadequacy of the compensation distribution from the BOT agreement compared to the reported revenues or balance sheets provided by Novotel Bukittinggi. The research problem formulation for this study includes: 1) The utilization of provincial asset land in West Sumatra for the construction of the Triple Tree Bukittinggi Hotel & Resort using the build operate transfer model and the agreement drafting process. 2) The implementation of the build operate transfer (BOT) agreement in utilizing provincial assets for the construction of the Triple Tree Bukittinggi Hotel & Resort. 3) The status of the land and building of the Triple Tree Bukittinggi Hotel & Resort after the expiration of the build operate transfer agreement. This research is an empirical juridical legal study, employing data collection techniques such as interviews and document studies. Based on the research findings, it is concluded that the utilization of the government asset land uses the build operate transfer method due to limited funds, experience, and skills necessary for the hotel development and management. The build operate transfer (BOT) agreement is documented in Agreement No. 17.020/L/1990, agreed upon by both parties on August 27, 1990. The implementation of the agreement occurs in three stages: 1) Construction (Build), 2) Utilization or Management (Operate), 3) Handover (Transfer). Additionally, the research examines the status of the land and building after the BOT agreement ends and the steps taken by the provincial government in managing the hotel post-BOT agreement.. Keywords: Build Operate Transfer Agreement , Land, Regional Assets, Regional Property
Penegakan Hukum Terhadap Tindak Pidana E-Commerce (Studi Kasus: Kepolisian Daerah Sumatera Barat) Lesmana, Hendra; Yoserwan, Yoserwan; Mulyati, Nani
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.181-191.2024

Abstract

The crime of fraud is increasingly developing following the development of the times and technological advances. The legal regulations made to anticipate crimes in this case do not reduce the crime. One of them is the crime of e-commerce fraud which is growing rapidly in society. This can be proven by the West Sumatra Regional Police, with 130 reports received in terms of online-based fraud. The formulation of the problem is 1. How is the role of the West Sumatra Regional Police in enforcing the law on alleged e-commerce crimes? 2. How is the law enforcement against fraud with an e-commerce system in the West Sumatra Regional Police? 3. What are the obstacles and efforts faced by the West Sumatra Regional Police in enforcing the law on e-commerce crimes? In this writing, the author uses an empirical legal method. The research uses an empirical legal research method. From the results of the study, the role of the West Sumatra Regional Police in the criminalization of alleged e-commerce fraud is realized by receiving reports and complaints from the public, conducting investigations and investigations to provide legal protection for victims of alleged e-commerce fraud. This is realized through repressive and preventive actions. Law enforcement against alleged e-commerce fraud in the West Sumatra Regional Police based on the results of the study, out of 130 cases received, only 3 cases were able to be revealed that reached the prosecution stage, which was carried out by the West Sumatra Regional Police. The other 127 cases were stopped at the investigation stage due to constraints on evidence. Factors that influence law enforcement faced by the West Sumatra Police such as facilities and infrastructure, technology, banking secrets in this case become problems in revealing cases of e-commerce fraud. Keywords : e-commerce, fraud, law enforcement, police  
Perbandingan Sistem Kepartaian dan Sistem Kepemiluan Indonesia-Amerika Serikat Dalam Penyederhanaan Partai Politik Maulana, Muhammad Ridho; Gusman, Delfina; Putra, Ilhamdi
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.161-180.2024

Abstract

The party and election system has an impact on the government system with the phenomenon of difficulty in forming opposition groups. So it is important to review the party and election system by comparing it to the system in the United States to find a more efficient format. By using a descriptive-analytical normative juridical method, the results obtained are First, the implementation of the party system in Indonesia and the United States is different, this is driven by the election system, the proportional system encourages Indonesia to adopt a multiparty system, while the district system urges the United States to adopt a two-party system even though there are not only two parties in the country. Second, the reconstruction of the election system can affect the party system as in Duverger's law theory. Many aspects can affect the election process, such as the time of implementation, the number of candidates, and other variables. So by reconstructing the election system, both the system itself and the variables in it can be a solution to the problems of multiparty and presidential in Indonesia. Keywords : Electoral System, Party System, System of Government
Urgensi Implikasi Green Constitution Dalam Mewujudkan Sustainability Green City Aisya Yube, Rihhadatul; Algifary, Ghazy; Meisya Adriani, Nabilla
Lareh Law Review Vol. 3 No. 1 (2025): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.3.1.63-76.2025

Abstract

Environmental degradation in Indonesia requires strong and integrated legal protection. This study examines the urgency of implementing the Green Constitution as a legal foundation for sustainable green city development. The research employs a normative juridical method with statutory and conceptual approaches through literature review of regulations, jurisprudence, and scholarly works. The findings reveal that although the Green Constitution is not explicitly regulated, its substance is embedded in Articles 28H and 33 of the 1945 Constitution as well as Law No. 32 of 2009 on Environmental Protection and Management. Implementation challenges include weak law enforcement, regulatory conflicts, and low public awareness. This study recommends strengthening legal instruments at both national and local levels, harmonizing policies, and fostering cross-sector collaboration so that the Green Constitution can serve as a strategic foundation for achieving equitable, sustainable green city development. Keywords : Environmental Law, Green constitution, Sustainability Green City
Analisis Kekosongan Hukum (Rechtsvacuum) Praktik Ibu Pengganti (Surrogate Mother) Di Indonesia Dalam Perspektif Hukum Positif Dan Hukum Islam Syaira Chairunissa; Devianty Fitri
Lareh Law Review Vol. 4 No. 1 (2026): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.4.1.16-34.2026

Abstract

S Surrogacy, a reproductive technology where a woman carries a pregnancy for another party, presents a complex legal and ethical dilemma in Indonesia. This article analyzes the legal vacuum (rechtsvacuum) surrounding this practice from the dual perspectives of Indonesian positive law and Islamic law. This research employs a normative juridical methodology, utilizing statute, case, and comparative approaches to dissect the existing legal framework. The analysis reveals that Indonesian positive law, particularly Law No. 36 of 2009 on Health (now superseded by Law No. 17 of 2023) and the Civil Code (KUHPerdata), implicitly prohibits surrogacy by restricting assisted reproduction to married couples using their own gametes and the wife's womb, and by rendering surrogacy contracts legally void for violating the principles of a "lawful cause" and "public morality." Consequently, children born from surrogacy face profound legal uncertainty regarding their status, inheritance, and parentage. From the Islamic law perspective, the Indonesian Ulema Council (MUI) has issued a definitive fatwa declaring surrogacy haram (forbidden), primarily based on the principle of Hifdz an-Nasl (protection of lineage) and the jurisprudential method of Sadd al-Dzari’ah (blocking the means to evil) to prevent the confusion of lineage and the commodification of the human body. The existing legal void creates significant risks, including the exploitation of women and legal disputes over the child's welfare. This article concludes that maintaining the status quo is untenable and recommends the urgent formulation of a specific, comprehensive law on assisted reproductive technology that explicitly regulates or prohibits surrogacy to provide legal certainty, protect the rights of all parties involved, and align with Indonesia's socio-legal values Keywords : Child's Legal Status, Islamic Law, Legal Vacuum Surrogacy, Positive Law
Reorientasi Pidana Uang Pengganti Berdasarkan Undang Undang Tindak Pidana Korupsi Dan KUHP Baru Rahmad Novriadi
Lareh Law Review Vol. 4 No. 1 (2026): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.4.1.1-15.2026

Abstract

Abstract Law Number 1 of 2023 on the Criminal Code, effective since 2 January 2026, relocated the core corruption offenses into Articles 603-606 of the National Criminal Code without formulating an additional punishment equivalent to the restitution payment (uang pengganti) under Article 18 of the Anti-Corruption Law, risking the optimal recovery of state financial losses, a problem already evident from ICW data showing restitution executed by prosecutors throughout 2021 amounted to less than three percent of total state losses. This study analyzes the synchronization of restitution payment provisions between the two codes and examines how the reorientation of sentencing purposes affects asset recovery in corruption cases. It employs a descriptive-analytical normative juridical method using statutory and conceptual approaches. Findings show that although Article 18 is not among the provisions revoked, the absence of an equivalent instrument in Article 66's additional punishments and the prohibition of analogy under Article 1(2) create disharmony in its application to defendants charged under Articles 603-604. The discussion also reveals a normative irony: the general "compensation" substitution mechanism under Article 94 is more varied than the special restitution mechanism, which recognizes only substitute imprisonment. The novelty lies in identifying this missing bridging norm after recodification, and in arguing that the "restoring balance" principle under Article 51 can serve as a normative basis for reforming the restitution substitution mechanism, in line with the pending Asset Forfeiture Bill. Keywords : Asset Recovery, Corruption, National Criminal Code, Restitution Payment, Sentencing Reorientation
Pengaturan Hukum Tentang Penggunaan Jasa Influencer Untuk Mempromosikan Saham Dalam Upaya Memberikan Perlindungan Investor Pasar Modal Lutfi Akalil akalil; Ulfanora Ulfanora; Muhammad Ikhsan Alia
Lareh Law Review Vol. 4 No. 1 (2026): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.4.1.35-48.2026

Abstract

The rise of stock influencers providing investment recommendations through social media without official OJK permission poses the risk of market manipulation and losses for investors, as reflected in the case of Belvin Tannadi, who was fined IDR 5.35 billion by the OJK in February 2026. This study aims to analyze the legal regulations governing influencer involvement in stock promotions and the forms of legal protection for investors from the dissemination of misleading information. The method used is normative legal research with a descriptive-analytical approach. The results show that regulations regarding stock influencers are still scattered across various regulations and have not yet formed a comprehensive system. POJK Number 13 of 2025 is the first regulation specifically governing influencer involvement, but its scope is limited to influencers partnered with securities companies, leaving independent influencers in a legal vacuum. Legal protection for investors includes a preventive dimension through regulation, licensing, and financial literacy, as well as a repressive dimension through administrative sanctions, criminal sanctions, and civil lawsuits. However, its effectiveness is still hampered by weak oversight and the difficulty of proving losses. More inclusive regulatory reforms accompanied by strengthened technology-based oversight are needed to achieve optimal investor protection. Keywords : Capital Market,  Investor Protection, Market Manipulation, POJK Number 13 of 2025, Stock Influencers
Mekanisme Mekanisme Pemberian Dana Bantuan Korban Dalam Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual Triana Putri; Aria Zurnetti; Felia Hermayenti
Lareh Law Review Vol. 4 No. 1 (2026): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.4.1.60- 73.2026

Abstract

The number of sexual violence cases in Indonesia continues to experience a significant annual increase. Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence introduces the concept of the Victim Trust Fund (VTF) as a new breakthrough in victim recovery. The VTF is a state compensation fund granted when the perpetrator is unable to fulfill their restitution obligations. However, various issues persist within its implementing regulation, namely Government Regulation Number 29 of 2025. The disbursement of the VTF remains dependent on a court decision, which potentially hinders victims from accessing their rights. Furthermore, there is a lack of clarity regarding funding sources, victim criteria, and recovery financing. Based on this background, the research questions of this study are: 1) How is the mechanism for providing the victim trust fund regulated under Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence and Government Regulation Number 29 of 2025 concerning the Victim Trust Fund? 2) What are the limitations in providing the victim trust fund under Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence and Government Regulation Number 29 of 2025 concerning the Victim Trust Fund? 3) How well does the mechanism for providing the victim trust fund align with the principles of victim protection? This study employs a normative juridical method utilizing a statutory approach, a conceptual approach, and a comparative approach with regulations in the Netherlands. The data used consists of secondary data comprising primary, secondary, and tertiary legal materials. The results indicate that the regulation of the VTF in the UU TPKS and Government Regulation Number 29 of 2025 represents an advancement in victim protection by providing financial rights certainty that does not entirely depend on the perpetrator's economic status. However, several weaknesses remain: 1) The fund disbursement mechanism heavily relies on court decisions, which are time-consuming and thus hinder the victims' emergency recovery; 2) There is a lack of clarity regarding subjective, objective, and substantive limitations, such as the absence of a definition for the victim's heirs, vague criteria for being "unable to pay restitution," and the lack of a maximum cap on the trust fund; 3) The current mechanism does not fully align with the victim protection principles set forth by the 1985 UN Declaration. Keywords : Restitution, Sexual Violence, Victim Protection, Victim Trust Fund
Penegakan Hukum Terhadap Pelaku Tindak Pidana Tambang Pasir, Batu, Dan Kerikil Ilegal Di Daerah Aliran Sungai (Studi Kasus Tambang Sirtukil di Lubuk Alung) Violla Anisha Verry; Iwan Kurniawan; Antoni Putra
Lareh Law Review Vol. 4 No. 1 (2026): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.4.1.49 - 59.2026

Abstract

Mining activities are still carried out extensively in the Batang Anai River Basin area in Lubuk Alung despite being regulated under various laws and regulations, including criminal sanctions. This study aims to analyze law enforcement against perpetrators of illegal sand, stone, and gravel mining in the river basin area of Nagari Lubuk Alung, as well as to examine the obstacles encountered in its implementation. The problems addressed in this study are: First, how is law enforcement implemented against perpetrators of illegal sand, stone, and gravel mining crimes in the river basin area of Lubuk Alung? Second, what obstacles arise in the effort to enforce the law? This research employs an empirical juridical method with a descriptive-analytical approach through interviews, observations, and analysis of relevant laws and regulations. The results show that law enforcement against illegal sirtukil mining in the river basin area of Lubuk Alung has not been implemented. This condition is influenced by the difficulty in accessing mining licensing data and documentation, which are not properly managed, resulting in the overlap between legal and illegal mining activities. Although regulations in the fields of mining, environmental protection, spatial planning, and water resources are already in place, their implementation in practice is still marked by various violations, including mining activities conducted without permits and licensed mining carried out beyond the coordinates and commodities specified in the permits. The obstacles in law enforcement include weak inter-agency coordination, lack of continuous supervision, alleged backing practices, as well as economic and socio-cultural factors within the community. Keywords : Illegal Mining, Law Enforcement, River Basin, Sirtukil