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Journal of Global Legal Review
Published by Universitas Sumatera Barat
ISSN : -     EISSN : 30316081     DOI : https://doi.org/10.59963/jglegar
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Global Legal Review merupakan jurnal yang mempublikasikan artikel ilmiah dengan bidang keilmuan hukum. Jurnal ini dengan singkatan J-GLegar yang sebagai publisher adalah Universitas Sumatera Barat. Jurnal merupakan untuk menunjang keilmuan pada penulis, peneliti maupun dosen dalam bidang hukum, terkhususnya pada program studi Ilmu Hukum Fakultas Hukum Universitas Sumatera Barat. Fokus jurnal ini adalah semua hasil penelitian terkait dengan ilmu hukum dan hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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Lelang Tanah Pusako Tinggi Yang Tidak Bersertifikat di Ranah Minang Mhd Khadafi Abdullah
Journal of Global Legal Review Vol. 2 No. 2 (2024): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v2i2.400

Abstract

This article aims to examine and analyze the implementation of the execution of the decision in case number: 22/Pdt.G/2022/PN Pmn which has been confirmed by the decision of the Padang High Court with registration number: 82/PDT/2023/PT PDG. The decision in case number: 22/Pdt.G/2022/PN Pmn as confirmed by the decision of the Padang High Court with registration number: 82/PDT/2023/PT PDG has provided legal certainty between the plaintiff and the defendant, so that the plaintiff is the winning party. requested the execution of the decision from the court, which is registered in the execution request number: 3/Pdt.Eks/2024/PN.Pmn. The Pariaman District Court in its decision ordered the defendant to return the gold loan to the plaintiff in the amount of 123 (one hundred and twenty three) gold plus 2 (two) ringgits of genuine American plain gold. In the process of carrying out the anmaning trial, the defendant was unwilling and unable to return the borrowed gold as ordered by the court, so the Court forced the defendant to return the loan in the form of executing an auction for the object of debt collateral, in the form of Pusako Tinggi rice fields belonging to the defendant. In this paper, the author uses normative juridical research, namely legal research which places law as a building system of norms. The norm system in question is about principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). This research uses primary legal materials such as: 1. Pariaman District Court decision number: 22/Pdt.G/2022/PN Pmn, 2. Padang High Court decision number: 82/PDT/2023/PT PD, and 3. Petition for the plaintiff's execution /applicant number: 3/Pdt.Eks/2024/PN.Pmn. as well as secondary legal materials consisting of books or legal journals containing basic principles (legal principles), views of legal experts (doctrine), results of legal research, legal dictionaries and legal encyclopedias related to the subject matter. Pagang gadai in Ranahminang is still alive and is still practiced among Minangkabau society, even though the land being pawned is pusako high land belonging to the people who pawned it and does not yet have a certificate of ownership, the implementation of the execution auction for the object of the pledge collateral can be carried out in the form of an execution auction for the object collateral for the debts and receivables. Even though the mortgaged Pusako Tinggi land does not yet have a certificate, a face-to-face auction can be executed and a certificate of ownership can still be issued in the name of the auction winner by referring to the minutes of the auction issued by KPKNL, court decisions that have permanent legal force, as well as certificates issued. by the Village / Subdistrict Office where the object of collateral for debts and receivables is located to be registered at the National Land Agency office to issue a certificate of ownership.
Overlapping Kebijakan Publik Perhutanan Sosial RM Ahmada Mangkunegara; Fitriah Fitriah; Rina Martini; Laila Kholid AlFirdaus
Journal of Global Legal Review Vol. 2 No. 1 (2024): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v2i1.409

Abstract

This study examines the overlapping public policy of Indonesian social forestry, focusing on the challenges and opportunities it presents. The analysis considers the various stakeholders involved in the implementation of social forestry programs and the implications for sustainable forest management. Additionally, the study explores the potential for integrating social forestry policies with broader environmental and social development goals. Through a comprehensive review of existing literature and case studies, this research aims to provide insights into the effectiveness of current social forestry policies and suggest recommendations for improvement. By examining the challenges faced by different stakeholders, such as local communities, government agencies, and environmental organizations, the analysis aims to identify areas for collaboration and conflict resolution. This research also seeks to highlight the economic, environmental, and social opportunities that can arise from successful implementation of social forestry programs. By linking social forestry policies with broader development goals, there is potential to achieve not only sustainable forest management but also improved livelihoods and environmental conservation. Ultimately, this study aims to contribute to the ongoing dialogue and efforts towards enhancing the effectiveness of social forestry initiatives worldwide.
Kedudukan Perkara Perdata Sebagai Prajudisial Dalam Proses Pidana: Analisis Terhadap Putusan Mahkamah Agung Amanda Bherlyana Putri; Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.425

Abstract

The relationship between civil cases and criminal cases is often problematic in judicial practice in Indonesia, especially when a criminal case is rooted in a civil conflict such as a dispute over ownership or agreement. In this context, questions arise regarding the position of civil cases as prejudicial, namely to what extent a civil case must be resolved first before a criminal case can be examined. This article aims to analyze the position of civil cases as prejudicial in the criminal process through a normative legal study with a statutory approach and case studies of Supreme Court decisions. The results of the study show that the Supreme Court in several of its decisions recognizes the existence of civil cases as a prejudicial basis that can postpone the criminal process, as long as the main criminal case is closely related to the determination of civil rights that are still in dispute. However, not all civil cases can immediately be used as a reason to suspend the criminal process. Therefore, a careful assessment by law enforcement officers of the substance of the case is needed to ensure legal certainty and protection of the rights of the parties in the judicial process.
Konsistensi Politik Hukum Dalam Pembentukan Undang-Undang Pasca Reformasi Rohma Sari; Gokma Toni Parlindungan S; Amanda Bherlyana Putri; Suci Nurjannah Yuansyah; Nabilla Amanda Putri
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.426

Abstract

Post-1998 Reformation, the Indonesian state system experienced a fundamental shift, including in the aspect of legal politics. The laws that were formed should reflect the direction of legal politics that are consistent with the ideals of reform, namely law enforcement, democracy, and protection of human rights. However, in practice, many legislative products show inconsistencies between normative goals and practical-political interests. This study aims to analyze the extent of the consistency of Indonesian legal politics in the formation of laws after the reformation. By using a normative and evaluative approach to several strategic laws after the reformation, it was found that intervention of power, weak public participation, and inconsistency of legislative principles are the main challenges. This study recommends strengthening legislative planning based on the legal needs of the community and improving national legislative governance.
Dinamika Pembentukan Undang-Undang Di Indonesia: Antara Kepentingan Politik Dan Kebutuhan Hukum Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.427

Abstract

This article examines the dynamics of lawmaking in Indonesia by highlighting the tension between political interests and the legal needs of society. Through a juridical-normative approach and case study analysis, this study finds that the legislative process is still dominated by political elites and often ignores the principle of meaningful public participation. Information technology innovation through participatory digital channels has not been effective in boosting substantive citizen involvement due to weak infrastructure, digital literacy, and minimal institutional commitment. This imbalance between political interests and public aspirations has a direct impact on declining legal legitimacy, increasing social resistance, and low public trust in legislative institutions. This study recommends reforming the legislative system based on transparency, accountability, and protection of citizens' participatory rights as a strategic step to strengthen the quality of law and democracy in Indonesia.
Peran Putusan Pengadilan Agama Dalam Penyelesaian Sengketa Harta Bersama Setelah Perceraian Miasiratni Miasiratni
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.428

Abstract

This study aims to analyze the role of Religious Court decisions in resolving joint property disputes after divorce, and to assess the extent to which the decision provides justice and legal certainty for the parties. The method used in this study is an empirical approach, with a case study at the Padang Religious Court. Data were obtained through a study of court decision documents, interviews with judges, and observations of the trial process and implementation of decisions. The results of the study indicate that Religious Court decisions have an important role in resolving joint property disputes, but there are still obstacles in their implementation, such as a lack of legal understanding from the parties, administrative obstacles, and limitations in the execution mechanism. Most decisions have considered the principles of justice and proportionality in the division of property, therefore, strengthening is needed in the aspects of legal socialization and the effectiveness of the implementation of decisions to ensure the protection of the rights of the parties after divorce.
Analisis Yuridis Terhadap Tindak Pidana Permufakatan Jahat Menjadi Perantara Narkotika Dalam Putusan Nomor 295/Pid.Sus/2025/Pt Pdg Doni Eka Putra
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.430

Abstract

Drug-related offenses are classified as extraordinary crimes due to their widespread and systemic impact on public health, national security, and future generations. One of the legal mechanisms used to prosecute drug offenders is Article 114 paragraph (1) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009 on Narcotics, which criminalizes conspiracy to become an intermediary in the sale and purchase of narcotics. This article analyzes the decision of the Padang High Court in case No. 295/PID.SUS/2025/PT.PDG, which affirmed the district court’s finding of guilt against the defendant, Yusri Gusmadi, but significantly reduced the prison sentence from seven years to two years. Using a normative legal method and case-based approach, this study evaluates whether the elements of criminal conspiracy as an intermediary were proven beyond a reasonable doubt. The analysis also critically reviews the reasoning provided by judges in both the first and appellate court decisions. The findings show that the court's conviction was not fully supported by clear and convincing evidence regarding the defendant's active involvement in the drug transaction. Moreover, the reduction of the sentence in appellate court contradicts the mandatory minimum punishment stipulated by the Narcotics Law. This paper recommends a more proportionate legal treatment based on the defendant’s actual role and intention, along with greater judicial consistency in narcotics cases.
Analisis Hukum Terhadap Pemutusan Hubungan Kerja Karena Mangkir Dalam Putusan PHI NOMOR 1/PDT.SUS-PHI/2025/PN.PDG Mhd. Khadafi Abdullah; Doni Eka Putra
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.437

Abstract

Termination of employment (PHK) due to absenteeism is one of the lawful grounds for dismissal as stipulated in Article 168 of Law No. 13 of 2003 on Manpower. However, in practice, this provision often leads to legal disputes, especially when the worker refuses an unfair job transfer yet continues to work at the original location. This journal examines the decision of the Industrial Relations Court in Case No. 1/Pdt.Sus-PHI/2025/PN.Pdg, which rejected the plaintiff's claim and upheld the employer’s decision to terminate the employment on the grounds of absenteeism. By applying a normative legal approach supported by case analysis, this study assesses the legality of the unilateral transfer, the procedural validity of the absenteeism claim, and the fairness of the judicial reasoning. The findings reveal that the worker had demonstrated good faith by continuing to report to the original workplace and by challenging the transfer through official bipartite and mediation mechanisms. Nevertheless, the court's judgment emphasized formal absence at the new post without considering the socio-economic realities faced by the worker. This paper recommends the refinement of legal standards on absenteeism-based terminations and the promotion of proportionality in industrial relations, especially in balancing managerial authority and worker protection.
Efektifitas Undang-Undang No 8 Tahun 1999 Dalam Menjamin Hak Konsumen Atas Keamanan Produk Makanan Olahan Sri Agustini; Widya Yoseva; Irdiwan Irdiwan; Peri Fernando
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.363

Abstract

The effectiveness of Law Number 8 of 1999 on Consumer Protection in ensuring consumers’ rights to the safety of processed food products remains a critical legal issue in Indonesia. Despite the existence of a comprehensive regulatory framework and the supervisory role of the National Agency of Drug and Food Control (BPOM), violations related to unsafe processed food products continue to occur. This study aims to analyze the effectiveness of Law Number 8 of 1999 in guaranteeing consumers’ rights to the safety of processed food products, as well as to identify the legal and institutional obstacles that hinder effective law enforcement. This research employs a normative juridical method with a statutory approach, supported by case studies of food safety violations and secondary data from BPOM reports. The findings indicate that the effectiveness of the Consumer Protection Law is constrained by weak supervision, limited institutional capacity, low compliance among business actors, ineffective legal sanctions, and inadequate consumer legal awareness. From a theoretical perspective, these conditions reflect deficiencies in legal effectiveness, compliance, and risk-based regulatory enforcement. Therefore, this study recommends strengthening risk-based supervision, improving inter-agency coordination, enhancing legal sanctions, and promoting consumer legal literacy as integral measures to improve the protection of consumers’ rights to safe processed food products. This research contributes both theoretically and practically by reinforcing the application of effectiveness of law and risk-based regulation theories in the context of food safety governance.
Harmonisasi Hukum Administrasi Negara Dengan Konstitusi Dalam Sistim Pemerintahan Di Indonesia Doni Eka Putra; Sri Agustini; Miasiratni Miasiratni; Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.392

Abstract

This journal discusses the Harmonization of State Administrative Law with the Constitution in the Government system in Indonesia. The purpose of the study is to analyze the extent to which State Administrative Law is in line with the values ​​contained in the constitution and how its implementation can strengthen an effective, transparent, and accountable government system. The research method used is a normative legal approach with qualitative analysis, which examines laws and regulations, legal doctrines, and related court decisions. The results of the study indicate that although state administrative law has accommodated constitutional principles, such as justice, legal certainty, and protection of human rights, there are still gaps in implementation. This is due to inconsistencies in regulations, overlapping authority between institutions, and lack of supervision in government administration practices. Therefore, harmonization steps are needed that involve revising regulations, strengthening institutions, and fostering state apparatus to ensure that state administrative law can optimally support the goals of the constitution.

Page 3 of 4 | Total Record : 34

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