Nagari Law Review最新文献

{"title":"Menguji Kenegarawanan Hakim Konstitusi Melalui Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023","authors":"D. Gusman","doi":"10.25077/nalrev.v.7.i.2.p.430-439.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.2.p.430-439.2023","url":null,"abstract":"Constitutional Justice Saldi Isra's confusion in expressing a different opinion (dissenting opinion) regarding the ruling of the Constitutional Court Number 90/PUU-XXI/2023, opening up public space to question the material aspects of the decision. According to Saldi Isra, the substance of the petition in Case Number 90/PUU-XXI/2023 is simple and clearly visible.opened legal policyIn fact, it was taken over and used as a \"political burden\" for the Court to decide. The results of the research explain that first, the mechanism for filling the position of Constitutional Judge greatly determines the statesmanship qualifications of Constitutional Judges, the involvement of state institutions as institutions proposing Constitutional Judges. Second, to create Constitutional Judges who master the constitution and state administration and have integrity and personality that is beyond reproach and are fair, it is necessary to make changes to the mechanism for filling the positions of Constitutional Judges in order to create a mechanism that reflects the independence of their election.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"15 S1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140232585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Behind Discourse on the Extension of the President's Term of Office","authors":"Azhari M. Hadi Putra, Nilma Suryani","doi":"10.25077/nalrev.v.7.i.2.p.420-429.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.2.p.420-429.2023","url":null,"abstract":"Abstract: since the beginning of the 2024 simultaneous General Election (Election) stage, even before that, there have been sideways issues regarding the implementation of the election, among which the most dominant is the issue or discourse about extending the term of office of the president and postponing the 2024 election. These two discourses have become polemic in the midst of Indonesian society because some of them support it and others clearly reject it for the main reason, namely the constitutional mandate must be the basis for organizing the state. the government as the ruler is then strengthened by an analysis of academic theory according to the study of scientist C. Wright Mills an American sociologist who wrote The Power Elite in 1956 in which he gave rise to an understanding of elite theory. An understanding of the election law can realize that the legal loophole for extending the term of office of the president has been closed so that this discourse is not appropriate to continue to be put forward because it violates the constitution, as well as delaying elections which are considered to violate the constitution. As for the decision of the Central Jakarta District Court (PN), it is considered that the decision is categorized as flawed in the constitutional law rules as explained by several legal experts. In conclusion, the emergence of discourses as mentioned above is nothing but an attempt by interested parties, in this case, the ruling elites who are in the current government circle to remain in their seats of office. To prevent this, it is mandatory for the community to understand and adhere to constitutional rules in carrying out the life of the nation and state. \u0000Keywords: Delaying the 2024 Election ; Legal Basis for Elections; Elite Theory; Central Jakarta District court Decision; Elite Interests \u0000","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"107 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140466354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan","authors":"Yeni Nel Ikhwan, K. Khairani","doi":"10.25077/nalrev.v.7.i.2.p.401-419.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.2.p.401-419.2023","url":null,"abstract":"In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"1177 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140467254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Wakaf Produktif dan Peranannya dalam Mengentaskan Kemiskinan di Indonesia","authors":"Yasniwati Yasniwati","doi":"10.25077/nalrev.v.7.i.1.p.192-198.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.192-198.2023","url":null,"abstract":"Waqf is one of the Islamic philanthropies that can help people get rid of poverty. Productive waqf is one of the economic media that we can use to help the government in terms of poverty alleviation. As one of the pillars of community welfare, waqf institutions have a significant role that can be felt by the community, especially in improving people's lives, especially when productive waqf is managed by professional nazhir such as schools established by waqf-based foundations where schools are free, then also the people who are around the school also feel the benefits such as they can trade around the school and the results of their efforts can help to fulfill their daily needs. The potential of productive waqf today if it is managed by a professional nazhir then productive waqf can realize people's welfare and help the government in eradicating poverty","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":" 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135242788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penguatan Asas Kebebasan Berkontrak Untuk Kepentingan Umum Dalam Layanan Pinjaman Online Dengan Menggunakan Pendekatan Rule of Law","authors":"Harniwati Harniwati, Engrina Fauzi, Abdul Malik Fajar","doi":"10.25077/nalrev.v.7.i.1.p.182-191.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.182-191.2023","url":null,"abstract":"This article analyzes the setting of very high interest rates on information technology-based lending and borrowing services by the Indonesian Funding Fintech Association (AFPI). AFPI was given self-regulating authority by the OJK (Financial Services Authority) to determine loan interest rates which caused disproportionate positions between borrowers and lenders. This research aims to answer problems in terms of the substance of fintech peer to peer lending regulations in Indonesia, so a comprehensive analysis is needed from the perspective of statutory regulations and conceptually so that legal protection can be achieved for the public, especially borrowers. The results of this research show that the unequal position of the parties in fintech agreements is due to a lack of understanding of the principle of complete freedom of contract. The application of the principle of freedom of contract in fintech can be said to be not optimal and still applies artificially due to the urgent interests of borrowers who are in a weak position where urgent needs are forced to agree to agreements with high interest rates. It is necessary to limit the principle of freedom of contract because it has an impact on injustice and in the public interest it is necessary to break through public law into civil law. Apart from that, it is necessary to strengthen the Pancasila economic system again because it is in accordance with the identity of the Indonesian nation. Apart from that, the law must be a determinant of the economy, not as an instrument to support the economic system, thus causing the economy to be more determinant over the law.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"54 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135566718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"","authors":"Anisa Tiara Br Tarigan, M. Iqbal Irham","doi":"10.25077/nalrev.v.7.i.1.p.144-157.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.144-157.2023","url":null,"abstract":"The aim of this research is to examine the role of the Corruption Eradication Commission (KPK) in overcoming corruption in Indonesia from the perspective of Fiqh Siyasah Dusturiyah. This study analyzes Law No. 19 of 2019 to understand the legal basis, duties, performance and function of the Corruption Eradication Committee in eradicating corruption, including the methods and strategies used. The document analysis method is used as a research plan with a focus on literature related to Law No. 19 of 2019. This research is a type of normative legal research using descriptive methods. The data collection used in this research is primary data and secondary data, the primary data is Law No. 19 of 2019, while the secondary data is taken from research results and opinions of legal experts. The research results show that the Corruption Eradication Commission has the responsibility and authority to eradicate corruption based on the Corruption Eradication Commission Law No. 19 of 2019. The Corruption Eradication Commission is a special police agency that strengthens efforts to eradicate corruption in Indonesia. However, Law No. 19 of 2019 received public opposition and criticism because it fundamentally changed the duties and authority of the Corruption Eradication Commission, especially in its implementation. In reviewing the fiqh siyasah dusturiyah, the Corruption Eradication Commission (KPK) is expected to be able to maintain justice and stability in the country through fair, equal and effective law enforcement. The KPK is also considered to have a moral responsibility to protect public interests and prevent criminal acts of corruption.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134946105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"","authors":"Olivia Theodore, Zainul Daulay, Jean Elvardi","doi":"10.25077/nalrev.v.7.i.1.p.158-181.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.158-181.2023","url":null,"abstract":"Geographical Indication is the new black in the world of intellectual property because of their very high commercialization potential, although they have not received as much attention as other intellectual property rights. In Indonesia, the regulations for Geographical Indication have been updated through Law Number 20 of 2016 concerning Trademarks and Geographical Indication (UU 20/2016) to be more in line with the provisions in Trade-Related Aspects of Intellectual Property Rights . Through this arrangement, it is expected that Indonesia can maximize the monetization of Geographical Indication by taking advantage of opportunities and overcoming existing challenges to encourage regional and national economic revival. Therefore this study raises two problem formulations, namely: (1) How are Geographical Indication regulated in Indonesia?; and (2) What are the opportunities and challenges of managing Geographical Indication in Indonesia?. This is a normative research using statutory, historical, comparative, and conceptual approaches with several interviews with related parties to sharpen the problem analysis. The resulting findings indicate that regarding the regulation of Geographical Indication in Indonesia there are several opportunities that can be utilized by producers and the public in the regions, namely, registration of Geographical Indication other than Agricultural Products, use of the national logo of Geographical Indication, registration of Geographical Indication abroad, follow-up of violations of Geographical Indication. Apart from that, there are also several challenges, namely, the lack of understanding of the registration process of Geographical Indication, the use of the 'logo' in the registration of Geographical Indication, the term 'User of Geographical Indication' in Law 20/2016.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134946097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"","authors":"Hengki Andora, Gusminarti Gusminarti, Romi Romi, Abdhy Walid Siagian","doi":"10.25077/nalrev.v.7.i.1.p.117-133.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.117-133.2023","url":null,"abstract":"Levies are a source of original regional income as regulated in Article 285 Paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The authority to collect levies is regulated in Article 23A of the 1945 Constitution, then implemented by Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. So far, retribution collection has been carried out in cash, and along with technological developments, this method is no longer suitable, so it has been replaced with electronic money. This provision is based on Bank Indonesia Regulation Number 20/6/PBI 2016 concerning E-Money and is reinforced by the Circular Letter of the Minister of Home Affairs Number 901/1866/SJ /2017 which regulates the Implementation of Non-Cash Transactions and Presidential Instruction Number 10 of 2016 concerning Prevention and Eradicating Corruption. West Sumatra, as one of the provinces in Indonesia, has implemented the use of E-Money facilities in 2019 through E-Money Brizzi issued by Bank Rakyat Indonesia. It's just that in practice there are deviations in implementation so that we don't get maximum results. In connection with this, the author conducted research with the title \"Strengthening the Supervision Function of the Use of Brizzi E-money as a Means of Paying City/Regency Levy Fees in West Sumatra\". The areas used as samples. research is Padang City, Pariaman City, and Bukittinggi City with the main problems being researched. How to strengthen the monitoring function regarding the use of e-money Brizzi as a means of paying levies in cities/regencies in West Sumatra? From the research results, strengthening the monitoring function of the use of E-Money Brizzi in City/Regency governments in West Sumatra can be carried out by the parties, namely BRI as the Issuer of E-Money Brizzi and Bapenda as the user of the E-Money Brizzi facility in collecting levies. Meanwhile, the problems found in strengthening the supervisory function for the use of these facilities are incomplete regulations as a legal umbrella to serve as technical guidance in monitoring the use of facilities at each collection agency, and there is still a lack of education and outreach to the public by the parties.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135947928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"","authors":"Dayu Medina","doi":"10.25077/nalrev.v.7.i.1.p.134-143.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.134-143.2023","url":null,"abstract":"Protection of Geographical Indications (GI) is contained in The Trade Related Aspects of Intellectual Property Rights (TRIPs), GI is also regulated in other international agreements, such as the Paris Convention, Madrid Agreement, and Lisbon Agreement. In the provisions of TRIPs, the regulation of GI protection is left to each country to regulate it according to their needs and capabilities, TRIPs is only a minimum standard in protection. Thus countries regulate GI according to their needs. However, on the one hand, regarding the registration of GI, a broader mechanism is needed so that GI can be protected internationally. The European Union (EU) and ASEAN have regional/international GI registration mechanisms. This study analyzes the GI registration system through the EU and ASEAN mechanisms and then the legal implications for Indonesia. The method used is normative juridical using secondary data. The system for registration of GIs through the EU and ASEAN mechanisms does not differ much, only the EU regulates GIs that can be registered more broadly and in detail, meanwhile, ASEAN has not regulated the scope of GIs. In addition, the EU has a clear mechanism (starting from registration, opposition (objections), and time of submission, etc.), meanwhile, ASEAN has not regulated in detail like the EU. The legal implications for Indonesian GIs are that Indonesia fixes the laws and regulations related to GIs, and registers Indonesian GIs with the EU and ASEAN.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135947927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Menakar Transparansi Keuangan Partai Politik Pada Pelaksanaan Pemilihan Umum","authors":"Arfiani Arfiani, Syofirman Syofyan","doi":"10.25077/nalrev.v.7.i.1.p.107-116.2023","DOIUrl":"https://doi.org/10.25077/nalrev.v.7.i.1.p.107-116.2023","url":null,"abstract":"To support the implementation of the implementation of political party activities cannot be separated from the existence of large financial support. In the process of traveling political parties, political party funds come from contributions from party politicians, legitimate contributions in accordance with legal provisions; as well as financial assistance from the APBN and APBD from the government. Through the funds generated, an accountable and transparent report is needed to the public in order to create legal certainty and prevent acts of corruption originating from the party's funds. So through this research the authors underline the 2 (two) formulation of the problem that is important to be discussed. First, what is the urgency of disclosing political party financial information in preventing cultural practices of corruption in Indonesia? And Second, how is the accountability of political party financial funds sourced from APBN and APBD funds in Indonesia? This research uses the type of normative juridical research. The data used in the research comes from primary legal materials, secondary legal materials and literature studies from various literatures. The results of this study note that the form of political party financial reporting must record all sources of receipt of funds for the party and not only be accountable for funds originating from the APBN and APBD, then with regard to sanctions there must be strict action taken by the government not only the imposition of administrative sanctions imposed against a party.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135131640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}