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Nagari Law Review

nalrev
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Published by Universitas Andalas

ISSN : 25812971 EISSN : 25977245 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Nagari Law Review (NALREV) is a peer-reviewed journal published by Faculty of Law, Andalas University. NALREV published twice a year in October and April

Arjuna Subject : -

Articles 116 Documents

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Penerapan Fungsi Sosial Terhadap Hak Kekayaan Intelektual Di Dalam Masyarakat Chandra Yusuf; Nelly Ulfah Anisariza
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

This article analyzes the position of ideal social functions in IPR which should be regulated by the government. The purpose of writing this article is to examine the social functions of the government to overcome the conflicting intellectual property rights of individuals with the rights of other individuals. This article proves that IPR aims to protect individual intellectual property. The application of IPR has separated intellectual property from the people. Though intellectual property arises in the community. The community environment can provide inspiration to find ideas. Individuals cannot live outside the community. Therefore, intellectual property must provide benefits to the community. Social functions will play a role in overcoming conflicts of intellectual property rights between owners. The dialectic pendulum that sways between the two points of view will stop and produce the most ideal position. In accordance with the dialectic of Hegel which places the initial position (thesis) which has a circle within itself. The negation that occurs makes the change to the final position (anti-thesis), which results in the most recent position (synthesis). If individual discoveries are absolute rights, then other individuals also have the same rights. IPR will be bound in its use in the community. If an individual's intellectual property rights conflict with the rights of other individuals, the government will emphasize social functions in overcoming them.

Penanganan Tindak Pidana Anak oleh Kepolisian melalui Diversi sebagai Perlindungan Hak Anak Yoserwan Yoserwan
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

In the consideration of Law No. 23 of 2003 regarding Child Protection, it is stipulated that a child is bud, potential and young generation who will become the successor for aspiration of nation struggling and hold strategic value in securing the existence of this nation in the future. That why this law obligates the state and government to provide special protection for child in any condition. In Law No. 11 of 2012 regarding Juvenile Criminal Justice System, the protection is given by establishing special court for children who are committing a crime, which is separated from adult court. This law also mandates as a mandatory that the law enforcement agencies in each stage of criminal justice should apply diversion in solving any child crime or child in conflicting with law. For the police, which stand in the first row of criminal justice system, diversion process is actually can be applied by some procedures available. Those procedures are through the implementation of police discretion, penal mediation, and restorative justice or by solving trough adat law process. The implementation of those procedures in one hand will provide strong protection for child’s rights and on the other hand will secure the best interest of child.

Penerapan Perma Nomor 5 Tahun 2014 Tentang Pidana Tambahan Uang Pengganti Dalam Tindak Pidana Korupsi Rahma Noviyanti
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Corruption in Indonesia is currently a serious crime that is carried out systematically and has a broad impact on people's lives. State’s assets which should be used for development in order to benefit the society, are used for personal interests. Through the Corruption Law, the State tried to eradicate corruption and restore assets that have been corrupted. The restoration is endeavored by the application of additional punishment in the form of payment of substitute money. In order to optimize the implementation of the payment, the Supreme Court has issued a regulation of Substitute Money to provide the same understanding for the Law Enforcers, specifically Judges, in the imposition of the regulation on Defendants of Corruption. The problems in this research are: How is the implementation of Supreme Court Regulation on Substitute Money in the verdict to the defendants of corruption. The method used in this research is sociological juridical method. The type of the research is descriptive by using primary data and secondary data. The results of the study revealed The Judges have implemented some of the clauses of the regulation on making the decision, however the implementation have not evenly stated on each verdict

Peran Lembaga Penjamin Simpanan (LPS) di Era Financial Technology Upita Anggunsuri
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Indonesia Deposit Insurance Corporation (LPS) as the institution that has function to provide security guarantees of financial transactions should also consider the risk of the financial system built by financial Technology (Fintech). Financial Services Authority (OJK) has announced that 231 Fintech Peer to Peer Lending (P2P) are illegal. This research endeavors to answer the following questions: how is the function of LPS in Financial Technology Era and how is the readiness of Indonesia LPS in the face of Financial Technology Era. This research applied normative or legal research in answering the questions. The study concludes that even though Fintech is not the banking institution, so that deposit Fintech is not guaranteed by LPS. However, with technological developments and community needs for financial services, LPS should strive to encourage economic growth, while still doing its function to maintain the stability of financial system through the transformation of the function of Indonesia LPS, then it should form regulations that are institutionally integrated with Bank Indonesia and OJK in dealing with uncertainty about the risks caused by the Fintech industry. LPS should also prepare human resource by forming a fintech division to face the development of the fintech business

Strategi Penegakan Hukum Progresif untuk Mengembalikan Kerugian Negara dalam Tindak Pidana korupsi Melalui Pidana Uang Pengganti Ade Mahmud
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

The problems in payment of compensation for state’s loss in a verdict of corruption case factually raises injustice, because its implementation is hampered by the rules that give the convicted the opportunity to choose substitution punishment, that is prison punishment. This problem will cause the objective to recover the state loss due to corruption act will not be achieved. Therefore, there should a study on the policy regarding the punishment of compensation for state loss. This research is aimed: first, to find out the implementation of compensation of state losses in a corruption case, and the second is to find out a progressive legal strategy to recover the state losses through compensation punishment. This research finds that the implementation of the compensation punishment is not effective to recover the state's loss as a whole, because the judges has positivistic and compromise view and base their decision just on the formulation of article 18 paragraph (3) of Law No. 31 of 1999 concerning Corruption Eradication that gives opportunity for a convicted person to choose a substitution punishment instead of paying the compensation. The fact shows that the convicted person prefers to choose substitution punishment instead of paying the compensation. This will cause that the state loss cannot be recovered. The strategy to implement progressive law to recover the state losses through the payment of compensation can be done, first by confiscating the assets of the convicted since the beginning the investigation. The strategy will enable the prosecutor to find a breakthrough for the rigidness of written law and make possible for the prosecutor to confiscate the assets as long as one month after the verdict is due. The second strategy is by performing so-called contra-legal measures by imposing a compensation punishment based on Article 18 paragraph (1) b of Law No. 31 of 1999 concerning Eradication of Corruption and ignoring the provisions of Article 18 paragraph (3) that is without substitution punishment, but it must be preceded by a collateral confiscation of the convicted assets.

Larangan Pemakaian Cadar Di Kampus Dalam Perspektif Prinsip Persamaan Kedudukan di depan Hukum Haris Kurnia Anjasmana; Hernadi Affandi
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

The prohibition on the use of veils in some campuses raises the pros and cons in the community, coupled with the many khilafiyah debates regarding the law on the use of veils. The identification of the problem in this article is first how the law of the use of veils in Islam, secondly whether the prohibition on the use of veils on campus violates the principle of equality before the law. The method used is juridical normative with comparative approach method and conceptual approach. The writing specifications used are descriptive analytical. The results of this paper are Basically, the use of legal veils is permissible. Related to the ban on the use of veils on several campuses, the authors argue that it is okay to keep the good name of the campus and avoid abuse of veils from all forms of radicalism, intolerance, or fraud in the lecture process. But before the ban was put into effect, it should first be with discussion and even research involving the entire academic community related to the positive or negative veil on campus by using data and reference sources that can be trusted scientifically and academically and also pay attention to the values that live in society.

Peralihan Harta Bersama dalam Perkawinan yang Tidak Dicatatkan Muhammad Alif Gemail; Anwar Borahima; Nurfaidah Said
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

This study aims to analyze the legal consequences arising from legal actions carried out before a notary by a couple whose marriage is not recorded and legal efforts to protect parties when legal actions occur. This research is a normative legal research using a law and case approach. The location of the study was conducted in Makassar City. The results showed that the legal consequences arising from legal actions carried out before a Notary by a couple whose marriage was not recorded is a Notary Certificate, cannot be made by the Notary because they do not have evidence that confirms that a legal marriage has been carried out. In this case what is meant is the Deed Marriage issued by the Civil Registry Office because the marriage is only done according to their religion and beliefs. Legal measures to protect parties when legal actions occur are the establishment of permits to return the name of the land certificate to the District Court where the object of land / building is located. In the application to the District Court, it should also be requested for the Judge's confirmation in the determination that Mona's mother is the only heir based on a marriage that has been carried out in accordance with religious law and her beliefs

Studi Komparatif Komisi Penyiaran Indonesia dengan Beberapa Negara (Amerika Serikat, Afrika Selatan, Prancis, Malaysia dan Singapura) Fadli Zaini Dalimunthe
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Indonesian Broadcasting Commission or Komisi Penyiaran Indonesia (KPI) is a state institution which is established in 2002 as the implementation of Law on Broadcasting in Indonesia. It has a long history in guarding broadcasting in Indonesia. The research is focused on two problems which are: How the concepts and regulations of the KPI and how the history of this commission in performing its function as the guardian of public right for good and healt broadcasting. This research is related to constitutional regulation and uses both Statute spproach and historical spproach. This article examines the history of KPI formation and compare with similar institutions in some other countries in the world such as United State, South Africa, France, Malaysia and Singapore. By doing a comparison study, it will be able to understand the differences and similarities in order to draw lessons from various countries.

Pemberian Insentif Pajak Penghasilan di Bidang Penanaman Modal dalam Perspektif Teori Hukum Batara Mulia Hasibuan
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Tax has an important role in the governance of the state, including Indonesia which relies on tax revenues, to accelerate the creation of public welfare and the achievement of state objectives, as stated in the Preamble of the 1945 Constitution. Article 23 A The 1945 Constitution clearly determines taxes and other levies are regulated by law. The very foundation of this constitution must be interpreted legally that tax collection must be based on sound legal principles. The principle of the tax law must be based on fairness and equity in carrying the tax burden in accordance with the ability of the people. To increas the collecting of tax, the government applies policy such as through the provision of tax incentive facilities. This tax incentive is expected to be a concern for investors to make investments in Indonesia. The provision of tax incentive facilities in the context of investment needs to be reviewed in the perspective of legal theory, especially in terms of justice and its usefulness in the development of investment and the achievement of people's welfare. The method in this study uses the normative juridical method, using the statutory approach. The provision of income tax incentives in the investment sector is an embodiment of investment facilities, which is one of the factors that influence the growth and interest of foreign investors in investment in Indonesia. In the perspective of legal theory, the provision of this income tax incentive, which is regulated in the law, both the Income Tax Act and the Investment Act, which was formed by the authorized body for that, especially from the theory of utilitarianism and positive legal order must be guided by hierarchically in grundnorm (basic norm).

Upaya Pencegahan Korupsi Pengadaan Barang dan Jasa Pemerintah Melalui Instrumen Harga Perkiraan Sendiri Jamila Lestyowati
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

This study aims to analyze cases of corruption that occur in the procurement of government goods and services through the owner estimate (HPS) instrument. Corruption in the procurement of goods and services is ranked second after the bribery case. The preparation and determination of HPS as an important part of the procurement of goods/services implementation process carried out by the Committing Officer (PPK). HPS was prepared before the PBJ implementation process. By the provider, HPS is used as a basis for bidding. Meanwhile, by procurement officials and ULP, HPS is the basis for evaluating bids. Analysis using normative methods with qualitative approaches with primary and secondary data. The results showed that corruption cases in the procurement planning are caused by a mistake in the preparation of HPS. The mistake was caused by the HPS compiled by the vendor. PPK lacked the substance of the work and the case of mark up prices. Another cause was the data available for the preparation of HPS is so diverse that PPK compiles HPS without going through expertise calculations. The application of criminal law in the PBJ case is expected to be able to sustain the implementation of good government and public services through the State Budget. That goal can be achieved through the preparation of the right HPS so as to minimize the occurrence of corruption in Indonesia.

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