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Ilhamdi Putra
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Fakultas Hukum Universitas Andalas Kampus Limau Manis Padang, Sumatera Barat, Indonesia
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Lareh Law Review
Published by Universitas Andalas
ISSN : 29298827     EISSN : 29882745     DOI : -
Core Subject : Health, Social,
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences
Hukum Hukum Perdata HukumTata Negara Hukum Administrasi Negara Hukum Pidana Hukum Internasional Hukum Acara Hukum Adat Hukum Bisnis Hukum Lingkungan Hukum Islam Hukum Informasi Teknologi dan Transaksi Elektronik Hukum Hak Asasi Manusia
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 7 Documents
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Search results for , issue "Vol. 1 No. 2 (2023): Lareh Law Review" : 7 Documents clear
Pelaksanaan Tanggung Jawab Sosial Perusahaan Dalam Masa Pandemi COVID-19 Pada PT Semen Padang Yoko Rasaki Rasaki; Wetria Fauzi; Tasman Tasman
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.149-161.2023

Abstract

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
Quo Vadis: Pemberlakuan Undang – Undang Nomor 1 Tahun 2022 Terhadap Keberadaan Pajak Daerah Kota Padang Fajri Kurniawan; Frenadin Adegustara; Gusminarti
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.102-116.2023

Abstract

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.
Penyelesaian Pemutusan Hubungan Kerja Terhadap Pekerja PT Tirta Investama (Aqua) Solok Maudyta Putri Oktyawati; Khairani Khairani; Darnis Darnis
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.162-175.2023

Abstract

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.
Politik Hukum Perubahan Undang-Undang Kejaksaan terkait Kerjasama dengan Lembaga Penegak Hukum dan Instansi Lainnya Alfy Nazah Aulia; Arfiani Arfiani; Henny Andriani
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.139-148.2023

Abstract

Legal politics is necessary for examining the changes that need to be made to Law Number 16 of 2004 concerning the Prosecutor's Office to meet the needs of society. An analysis in Article 33 of the aforementioned law, which shows how crucial law enforcement agencies are in collaborating in the implementation of state power. The purpose of this article is to understand the legal politics of change and the implications of changes in collaboration regulations between the Prosecutor's Office and other law enforcement agencies and institutions. This article uses a Normative Juridical method. The research findings are as follows: first, the legal politics of the changes in Law Number 16 of 2004, which became Law Number 11 of 2021 on amendments to Law Number 16 of 2004 concerning the Prosecutor's Office, especially in Article 33 related to the collaboration of the Republic of Indonesia's Prosecutor's Office with other law enforcement agencies and institutions, were established to determine the position of the Prosecutor's Office in law enforcement in Indonesia. Therefore, the Prosecutor's Office collaborates with other law enforcement agencies and institutions to achieve the goals of the Prosecutor's Office itself. Second, the implications of the changes in Article 33 of the aforementioned law have an impact on the role of the Prosecutor's Office in the performance of prosecution, which can collaborate with various national and international law enforcement agencies, including institutions or organizations. Collaboration between the Prosecutor's Office and other law enforcement agencies can be seen in Memorandums of Understanding (MoUs).
Perbedaan Pandangan Terhadap Pembatasan Hak Dipilih Antara Putusan Mahkamah Konstitusi Dengan Putusan Mahkamah Agung Qaidah Bazilah Bazlaa; Dian Bakti Setiawan; Feri Amsari
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.117-127.2023

Abstract

In general elections, the public has the right, namely, not to vote, and the right to be elected. The right to be elected is the right of citizens to be elected as members of deliberative bodies or representatives of the people in a general election. Article 240 paragraph (1) letter g of the General Election Law regulates restrictions on the right to vote for former corruption convicts. Regarding the norms in this article, the Constitutional Court and the Supreme Court have different views. This is formulated in the Constitutional Court Decision Number 87/PUU-XX/2022 and the Supreme Court Decision Number 46P/HUM/2018. This article analyzes the views of Constitutional Justices and Supreme Court Justices regarding the norms in article 240, paragraph (1) letter g. The purpose of this article is to find out how voting rights are limited for former corruption convicts. This article uses a normative juridical research method. The research results found that first, restrictions on the right to vote for former convicts may be carried out in the interests of ensuring the freedom of disadvantaged groups. Second, in deciding a decision, the judge is obliged to explore, follow and understand the legal values ​​and sense of justice that exist in society as well as pay attention to the juridical aspect.
Perlindungan Hukum Terhadap Investor Dalam Investasi Ilegal Akibat Promosi Media Online Influencer Melalui Akun Youtube Shelsy Merinda; Dian Amelia; Upita Anggunsuri
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.176-189.2023

Abstract

The use of social media in online investment activities should ideally provide convenience to the public for investing their assets. The prevalence of online investments within the community does not rule out the possibility that some of them are illegal or unauthorized investments, leading to losses for citizen. Legal protection  can be provided to investors namely domains of illegal futures brokerage companies, cessation of illegal futures trading promotion, monitoring and observation of illegal futures trading sites by the regulatory authority. However, there are no explicit rules regarding penalties for influencers promoting binary option trading due to the lack of clear regulations about binary options. The research questions addressed in this study are: What is legal protection to investors in illegal investments  YouTube? What is the function of  BAPPEBT) to prevent illegal investments due to online influencer promotions YouTube? This research uses the normative juridical. The Conclusion of the research are BAPPEBTI offers preventive protection to the public by continually monitoring and educating about investment procedures in line with regulations. BAPPEBTI can block illegal sites based on regulation, but it can’t prohibit binary option trading due to the persistent emergence of domain sites. Contradictory regulations regarding the submission of claims for Restitution and Compensation result in investors lacking legal protection. BAPPEBTI’s role involves ongoing efforts in monitoring, observation, blocking illegal investment websites, education, and public awareness campaigns. BAPPEBTI is also part of the anti investment scam task force  to halt investment solicitation and remove  content related to Quotex and binary options.
Perlindungan Hukum Pemilik Hak Publisitas Potret dalam Novel Fanfiksi yang Dikomersialkan witriani; Rembrandt Rembrandt; Yussy Adelina Mannas
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The allure attached to famous figures brings economic value that should be considered and protected. When a commercially marketed fanfiction novel uses the portrait of a famous figure as its cover, questions arise about whether the used portrait has obtained permission. This is where the importance of the right to publicity for the inherent characteristics of famous figures comes into play, needing to be upheld as a property right because portraits are protected as economically oriented intellectual property. This article will discuss how the regulation, government role, and protection of portrait publicity rights in Indonesia are approached through a juridical empirical and descriptive-analytical perspective. The article concludes that portrait publicity rights are regulated in Article 9 and Article 12 paragraphs (1) and (2) of Copyright Law No. 28 of 2014. The state provides legal protection for owners of portrait publicity rights, both preventive and punitive protection. Preventive protection involves announcing the creation of the portrait, registering the portrait with the Directorate General of Intellectual Property, and creating a license agreement between the licensor and licensee to later be registered with the Ministry of Law and Human Rights, as portraits are considered intangible movable property, and their transfer is done in writing. On the other hand, punitive protection against commercially exploited portraits consists of non-litigation avenues (arbitration and alternative dispute resolution) and litigation avenues (courts). The government has a role in monitoring the creation and distribution of copyright infringement content.

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