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<![CDATA[Status Badan Hukum Perseroan Perorangan Ditinjau dari Hukum Perusahaan Indonesia ]]>
<![CDATA[Rizky Yonanda]]>;
<![CDATA[Zahara Zahara]]>;
<![CDATA[Shafira Hijriya]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.1-16.2023
<![CDATA[Limited Liability Company (LLC) is a legal entity that was born based on an agreement, this has been in effect since the KUHD era to Law Number 40 of 2007 concerning LLC. This concept then underwent a change after the enactment of Law Number 11 of 2020 concerning Cipta Kerja which introduced a new model of LLC, namely an Single Member Limited Liability Company (SMLLC) which is intended for businesses that meet the criteria as Micro and Small Enterprises (UMK). This is contradictory to the principle of a legal entity which requires the legal entity to be a place where people gather to achieve collective goals; and contrary to the prevailing doctrines in legal entities so far. Based on this, this study aims to discuss the legal status of SMLLC and the consequences for the separate entity doctrine by using a normative-juridical research typology. The legal status of an individual company has fulfilled the formal requirements as a legal entity, namely the existence of approval by the state. However, materially SMLLC does not automatically fulfill the four other legal entity requirements, namely the existence of assets entity separation, a specific purpose, self-interest, and organ structure, so that an SMLLC doesn’t meet the requirements as a legal entity. Then, the personality of the founder also cannot be separated from the personality of the legal entity. This is linear with the increasingly dominant role of the piercing the corporate veil doctrine, and reducing the role of the separate entity doctrine itself]]>
<![CDATA[Analisis Putusan Perkara Anak Pelaku Tindak Pidana Eksploitasi Secara Ekonomi Dan Seksual Terhadap Anak Secara Online (Studi Putusan No.6/Pid.Sus-Anak/2020/Pn.Pdg) ]]>
<![CDATA[Ivandro Elpasya]]>;
<![CDATA[Nelwitis Nelwitis]]>;
<![CDATA[Riki Afrizal]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.61-70.2023
<![CDATA[This paper is a case study with case number 6/Pid.Sus-Anak/2020/Pn.Pdg which has permanent legal force. In this decision, the child is the perpetrator of the crime of economic and sexual exploitation of children. Juridically in Article 70 of the SPPA Law, the personal circumstances of the child, or the circumstances at the time of the act or what happened later can be used as a basis for the judge's consideration not to impose imprisonment. However, in this decision the judge imposed a prison sentence on the child. The problem formulations discussed in this paper are: 1. How is the judge's consideration in imposing a criminal judgment against the child who is the perpetrator of the criminal offense of Economic and Sexual Exploitation of Children (Decision Number 6/Pid.Sus-Anak/2020/Pn.Pdg)? 2. Is the Judge's Decision Number 6/Pid.Sus-Anak/2020/Pn.Pdg. in accordance with the Purpose of Punishment of Children? The legal research method used is normative juridical with a problem approach, namely, case, statutory and conceptual approaches. This research is descriptive analytical, data collection techniques with document studies or literature studies. In the legal analysis of case settlement, according to the author, the child should not have been sentenced to imprisonment because first, the child had not previously committed a criminal offense, second, the child was cooperative and polite during the trial and the consequences of the incident hindered the child's growth and development. Judge Decision Number 2/Pid.Sus-Anak/2019/Pn.Pdg is not in accordance with the objectives of punishment in general, which are more precisely regulated in the SPPA Law because it emphasizes restitution to the original state rather than retaliation, and the use of imprisonment or detention as a last resort or as an ultimum remedium. ]]>
<![CDATA[Pelaksanaan Tanggung Jawab Sosial Perusahaan Dalam Masa Pandemi COVID-19 Pada PT Semen Padang ]]>
<![CDATA[Yoko Rasaki Rasaki]]>;
<![CDATA[Wetria Fauzi]]>;
<![CDATA[Tasman Tasman]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.2.149-161.2023
<![CDATA[Corporate Social Responsibility (CSR) has become an obligation for every company in the form of a Limited Liability Company which in the process uses Natural Resources in Indonesia, this is regulated in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies and Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies, but during the COVID-19 Pandemic with the existence of Large-Scale Social Restrictions (PSBB) for industries and offices referring to Article 4 of Government Regulation Number 21 of 2020, the implementation of CSR for PT Semen Padang was not carried out properly. Based on Presidential Instruction Number 4 of 2020 concerning Refocusing Activities, Budget Reallocation, and Procurement of Goods and Services in the Context of Accelerating the Handling of Corona Virus Disease 19 (COVID-19), states that the use of existing budgets for activities that accelerate the handling of COVID-19. This resulted in the planning of CSR activities in the Company's Activity Budget Plan (RKAP) which had been approved through the General Meeting of Shareholders (GMS) experiencing changes. Based on this, the problem formulation in this study explains how the Implementation of Corporate Social Responsibility Activities during the COVID-19 Pandemic at PT Semen Padang, as well as knowing what obstacles there are in its implementation. The research method used is empirical legal research. The implementation of PT Semen Padang's CSR activities during the COVID-19 Pandemic, which is guided by the Regulation of the Minister of State-Owned Enterprises of the Republic of Indonesia number PER-05 / MBU / 04/2021, focuses its activities on providing assistance to the community from previously more in carrying out community empowerment activities directly in the field, while the obstacles experienced come from the budget, PSBB regulations and community dependence]]>
<![CDATA[Analisis Yuridis Pertanggungjawaban Tindak Pidana Pencucian Uang Melalui Aset Kripto Di Indonesia ]]>
<![CDATA[Bayu Pratama Yuda]]>;
<![CDATA[Yoserwan Yoserwan]]>;
<![CDATA[Riki Afrizal]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.17-33.2023
<![CDATA[Both Indonesia and countries that guide the establishment of crypto asset regulations such as America, Singgapura, and Japan, also face challenges related to their aspects and systems. With these aspects and systems, it will continue to complicate criminal liability for perpetrators who commit laundering. Theissues raised are; 1. How is the regulation regarding Money Laundering Crimes committed through Crypto Assets in Indonesian criminal law, 2. How is the Responsibility for Money Laundering Crimes committed through Crypto Assets. The research method used is normative juridical by examining from the point of view in the form of aspects of legality and criminal responsibility for perpetrators of money laundering through crypto assets based on Indonesian positive law. The results of the research obtained are; 1. The existing regulations in Indonesia currently relating to crypto assets, none of which include criminal provisions for perpetrators who use crypto assets as a mode of committing criminal acts. However, provisions in Law No. 11 of 2008 concerning Electronic Information and Transactions can be imposed on actors who use crypto assets as a new medium in committing criminal acts. And the use of crypto assets can also be classified as a mode of committing money laundering crimes, provided that the money converted into crypto assets comes from the proceeds of criminal acts as stated in article 2 of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering. 2. Criminal liability for perpetrators who misuse crypto assets as a mode of committing money laundering can be subject to articles 3, 4, and 5 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. This is based on the normative error theory, the principle of strict liability and based on the judge's consideration in the decision of case No. 1240/Pid.Sus/2022/PN.Tng]]>
<![CDATA[Perspektif Hak Asasi Manusia dalam Pemenuhan Atas Jaminan Hari Tua ]]>
<![CDATA[Try Anggie Larasati]]>;
<![CDATA[Dian Bakti Setiawan]]>;
<![CDATA[Alsyam Alsyam]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.71-89.2023
<![CDATA[Old-Age Security (JHT) is an employment social security program that has the objective of providing cash benefits through a lump sum payment when participants enter retirement age, pass away, or experience permanent total disability. Where this mechanism is the embodiment of the mandate of Article 28H Paragraph (3) of the 1945 Constitution. However, the practice of implementing JHT has experienced several problems, for example changing implementing regulations in a short time, which raises two problems: First, regarding the dynamics of JHT arrangements in Indonesia, and the perspective of Human Rights in the implementation of JHT. This study uses a normative juridical method with library data collection techniques. This study concludes that the regulatory changes that have occurred in the regulations surrounding JHT are the government's efforts to adapt regulations to developments so that workers can enjoy JHT, but the government is not optimal in disseminating regulations to JHT beneficiaries. Meanwhile, from a human rights perspective, it can be concluded that the government is already present in realizing the fulfillment of the right to social security through JHT, which is through a legal umbrella in the form of Government Regulations and Ministerial Regulations. It's just that changing legal products in a short time is the main obstacle that has resulted in JHT not running optimally, so that workers have not been able to fully enjoy the fulfillment of their rights to JHT. Therefore, this study concludes that the government needs to create permanent regulations that do not require changes in a short time to fulfill JHT rights as a form of legal certainty.]]>
<![CDATA[Akibat Hukum Terhadap Pembatalan Janji Melangsungkan Perkawinan Dalam Sistem Hukum Perdata ]]>
<![CDATA[Inayatul Husna]]>;
<![CDATA[Ulfanora Ulfanora]]>;
<![CDATA[Misnar Syam]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.47-60.2023
<![CDATA[Marriage is an inner birth bond between a woman and a man as contained in Article 1 of Law on Marriage. A marriage must be based on the agreement of both parties who will carry out the marriage without any coercion from any party. This is in line with the legal requirements of a marriage according to Article 1320 of the Civil Code. The form of agreement between the two parties can be referred to as a marriage promise or promise to carry out marriage, where the woman and man both agree to hold the marriage. The Marriage Law only regulates the terms and consequences arising from marriage, but there is no law that regulates the promise to hold a marriage. In case No. 146/PDT/2015/PT MKS, the Plaintiff and the Defendant had both agreed to hold the marriage, but the Defendant unilaterally postponed the agreed marriage. This has clearly caused both material and immaterial losses to the Plaintiff. The aggrieved Plaintiff then decided to file a lawsuit in court. Both the judges at the first instance and at the appellate level agreed that the marriage pledge case was an act of default. This is very different from Jurisprudence No. 3191 K / PDT / 1984 which states that non-fulfillment of marriage promises is an act against the law. In its concept, default and unlawful acts are two different things, but not infrequently when applied to a problem there is doubt in classifying it.]]>
<![CDATA[Penggunaan Cyber Warfare dalam Konflik Bersenjata Internasional Antara Rusia-Ukraina Menurut Hukum Humaniter Internasional ]]>
<![CDATA[Andyta Sekar Pratiwi]]>;
<![CDATA[Syofirman Syofyan]]>;
<![CDATA[Mardenis Mardenis]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.90-101.2023
<![CDATA[Today's the advancements of technology have an impact on many aspects of life, including health, education, transportation, business, information communication, and government administration. Nonetheless, given the strong relationship between technology and the military, technology advancements could lead to a war. The sheer proliferation of technologies implemented in military operations spawned technology-based warfare called cyber warfare. Cyber warfare refers to wars carried out through the virtual world and is coordinated with conventional warfare. In cyber warfare, opposing countries perform cyber operations through cyberspace as the latest weapon of warfare launched to destabilize the national security and stability of the target state. The current cyber warfare is in the international armed conflict between Russia and Ukraine. This article analyses the deployment of cyber warfare in international armed conflict from the international humanitarian law perspective, and it also investigates Russia's use of cyber warfare against Ukraine. The purpose of this article is to understand how international humanitarian law rules the use of cyber warfare in international armed conflicts, in addition to the way Russia employs cyber warfare against Ukraine. This article is normative law research which uses the statute approach with juridical-normative research method. The findings found that cyber warfare carried out within the framework of international armed conflict is subject to international humanitarian law and that its use is also restricted by the fundamental principles of international humanitarian law. The research also found that Russia's cyber warfare against Ukraine in an international armed conflict is against the principles of differentiation and proportionality.]]>
<![CDATA[Efektifitas Pemberian Hasil Rekomendasi Penyelidikan Komnas HAM Terhadap Dugaan Pelanggaran HAM Kepada Lembaga Negara ]]>
<![CDATA[Rini Fitria Morfi]]>;
<![CDATA[Arfiani Arfiani]]>;
<![CDATA[Feri Amsari]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.1.34-46.2023
<![CDATA[Human rights are the basis of a country in forming all provisions in the life of the nation and state which are the natural rights of every human being. The establishment of the National Human Rights Commission as an independent institution, is also based on Article 28 of the 1945 Constitution of the Republic of Indonesia which confirms that; protecting, promoting, upholding and fulfilling human rights is the responsibility of the state. This article analyzes one of the functions of Komnas HAM, namely having the authority to investigate alleged cases of human rights violations and issuing recommendations based on the investigation. The purpose of this article is to find out the effectiveness of providing state institutions with the results of investigation recommendations by the National Human Rights Commission on alleged human rights violations. This article uses a research method. This type of empirical juridical research. The results of the study found that first, according to Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts that in protecting and guaranteeing human rights, the National Human Rights Commission has a role and function of reviewing , research, counseling, monitoring, mediation, and has the authority to investigate alleged cases of gross human rights violations, as well as issue recommendations afterward. Second, the recommendations issued by Komnas HAM after the investigation was carried out were public law acts because they resulted in a legal relationship between Komnas HAM and the Government as the recipient of the recommendations and the substance of Komnas HAM's recommendations regarding the existence of a case of human rights violations and various solutions in its settlement as well as the results of recommendations issued by Komnas HAM does not have binding and coercive legal force like court decisions which have executorial value. For this reason, some recommendations from the National Commission on Human Rights were followed up by the target state agencies, some were not.]]>
<![CDATA[Quo Vadis: Pemberlakuan Undang – Undang Nomor 1 Tahun 2022 Terhadap Keberadaan Pajak Daerah Kota Padang ]]>
<![CDATA[Fajri Kurniawan]]>;
<![CDATA[Frenadin Adegustara]]>;
<![CDATA[Gusminarti]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.2.102-116.2023
<![CDATA[The existence of financial relations between the central government and regional governments is an embodiment of the concept of delegating authority from the central government to regional governments which is referred to as "Regional Autonomy". Through the dynamics of central and regional government financial relations, a financial management system is required that regulates financial rights and obligations between the central government and regional governments that are carried out in a fair, transparent, accountable and aligned manner based on laws and regulations. The presence of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, is an improvement in the implementation of financial relations between the central government and regional governments as an effort to create an efficient allocation of national resources. So through this research the focus of the analysis on the two main pillars. First, how are the preparations for the implementation of Law Number 1 of 2022 on the Padang City Government in order to increase the regional tax sector? Second, what is the response of the Padang City Government to the implementation of tax options in Law Number 1 of 2022? To answer the focus of the study, this research uses empirical juridical research methods with research specifications to the Regional Revenue Agency of Padang City and is analyzed through library research and data analysis methods using juridical-qualitative. The results of this study conclude that the Municipal Government of Padang in preparation for the enactment of Law Number 1 of 2022 has carried out activities such as completing the drafting of the implementing Regional Regulations with the Provincial Government of West Sumatra, conducting regional potential studies with competent parties, conducting outreach to the public as taxpayers, and technical guidance to tax collector employees within the Regional Government Organization (OPD) in order to maximize the regional wealth potential in the City of Padang.]]>
<![CDATA[Penyelesaian Pemutusan Hubungan Kerja Terhadap Pekerja PT Tirta Investama (Aqua) Solok ]]>
<![CDATA[Maudyta Putri Oktyawati]]>;
<![CDATA[Khairani Khairani]]>;
<![CDATA[Darnis Darnis]]>
<![CDATA[ Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Andalas ]]>
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DOI: 10.25077/llr.1.2.162-175.2023
<![CDATA[Abstract Unilateral termination of employment by PT Tirta Investama (Aqua) Solok was the result of a strike by workers demanding unpaid overtime wages from 2016 to 2022. Government involvement, in the form of monitoring and supervising the termination of employment and the fulfillment of workers' rights by companies, particularly by the local Manpower Office, is necessary. The issues addressed in this research are: 1) The mechanism of employment termination carried out by PT Tirta Investama (Aqua) Solok; 2) The fulfillment of the rights of workers affected by the employment termination by PT Tirta Investama (Aqua) Solok; and 3) The actions taken by the Solok District Manpower Office in response to the employment termination by PT Tirta Investama (Aqua) Solok. To address these issues, a normative empirical research method is used, which involves examining the implementation of regulations and how they are applied in society. Both primary and secondary data are used, collected through interviews and document studies. Based on the research results, the following conclusions can be drawn: 1) The mechanism of employment termination by PT Tirta Investama (Aqua) Solok is considered unilateral and not in accordance with the reasons stated in Article 153 and Article 154A of the Manpower Law, as updated by the Job Creation Law; 2) The company has provided severance pay and compensation to the workers affected by the employment termination, but the amounts are not appropriate for the workers; and 3) The Solok District Investment and Integrated One-Stop Service and Manpower Office has attempted to resolve the dispute by summoning both parties before mediation and holding several meetings with the management of PT Tirta Investama (Aqua) Solok to advocate for the rights of terminated workers in a mutually beneficial manner.]]>
