Nagari Law Review最新文献_第4页

Peranan Indonesia Dalam Mewujudkan Keamanan Maritim Di Kawasan Asean

Nagari Law Review Pub Date : 2022-07-08 DOI: 10.25077/nalrev.v.5.i.2.p.218-227.2022

Dayu Medina, Dewi Enggriyeni

引用次数: 1

Wisata Halal Pengembangan Pariwisata Berbasis Nagari Menuju Wisata Halal Di Sumatera Barat 清真旅游发展旅游业前往西苏门答腊清真旅游

Nagari Law Review Pub Date : 2022-07-04 DOI: 10.25077/nalrev.v.5.i.2.p.192-202.2022

D. Amelia, Ulfanora Ulfanora, A. Pratama

引用次数: 0

Is This Part Substantial or Is It Time to Rethink the Concept of Originality in Music? 这部分是实质性的吗?还是该重新思考音乐创意的概念了?

Nagari Law Review Pub Date : 2022-06-28 DOI: 10.25077/nalrev.v.5.i.2.p.184-191.2022

Salsalina Itha Karina

引用次数: 0

Between the Job Creation Act and Labor Act: What’s Specific Time Employee Agreement (PKWT)? 《创造就业法案》与《劳动法》之间:什么是特定时间雇员协议(PKWT)?

Nagari Law Review Pub Date : 2022-06-13 DOI: 10.25077/nalrev.v.5.i.2.p.160-170.2022

A. Gunadi, Suwinto Johan, Amad Sudiro

{"title":"Between the Job Creation Act and Labor Act: What’s Specific Time Employee Agreement (PKWT)?","authors":"A. Gunadi, Suwinto Johan, Amad Sudiro","doi":"10.25077/nalrev.v.5.i.2.p.160-170.2022","DOIUrl":"https://doi.org/10.25077/nalrev.v.5.i.2.p.160-170.2022","url":null,"abstract":"President Jokowi signed the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation (UU Cipta Kerja), but the Constitutional Court (MK) decided to conduct a judicial review. According to the Constitutional Court, the government must revise the Job Creation Law within two years. Two of the five petitioners for judicial review express concern about the Job Creation Law's inclusion of Specific Time Employee Agreements (PKWT). A Specific Time Employee Agreement is a contract between a business/employer and its employees for a specified period. The purpose of this study is to examine Specific Time Employee Agreements. This study employs a normative judicial methodology. The research is unique in discussing Specific Time Employee Agreements from two perspectives: the worker and the employer. Additionally, this research examines how Specific Time Employee Agreements have been implemented in practice thus far. The research concludes that workers lack understanding of Specific Time Employee Agreements, raising concerns about the Job Creation Law. The absence of a formulation regarding precarious work creates legal uncertainty for workers. Ineffective communication between the employer and employees has raised suspicions regarding the Specific Time Employee Agreement between the two parties. The Job Creation Law's socialization of labor cluster legislation requires improvement. To avoid misinterpretation, the definition of non-permanent work must be clarified","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82733327","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}

引用次数: 0

Menelaah Narasi Kebijakan Pajak Daerah Dalam UU No. 1 Tahun 2022: Sebuah Tinjauan Literatur 研究《区域税务政策叙述》2022年1日:文献综述

Nagari Law Review Pub Date : 2022-06-01 DOI: 10.25077/nalrev.v.5.i.2.p.128-141.2022

Chessa Ario Jani Purnomo, Isnu Harjo Prayitno, Dian Ekawati

引用次数: 1

Countermeasures Model of Village Fund Corruption Through Adat Criminal Law Approach and Local Wisdom in West Sumatera 西苏门答腊乡村基金腐败的刑事法律途径与地方智慧对策模式

Nagari Law Review Pub Date : 2022-05-18 DOI: 10.25077/nalrev.v.5.i.2.p.116-127.2022

Aria Zurnetti, Nani Mulyati

{"title":"Countermeasures Model of Village Fund Corruption Through Adat Criminal Law Approach and Local Wisdom in West Sumatera","authors":"Aria Zurnetti, Nani Mulyati","doi":"10.25077/nalrev.v.5.i.2.p.116-127.2022","DOIUrl":"https://doi.org/10.25077/nalrev.v.5.i.2.p.116-127.2022","url":null,"abstract":"Corruption in Indonesia has its own characteristics. Corruption crimes committed at the village level have caused losses to state finances. Countermeasures against corruption in village funds are required to be effective and firm, in order to be able to resolve and to reduce the number of corruption in the future. This paper discusses the pattern of corruption in West Sumatra, especially in the cities of Solok and Pariaman, and discusses the prevention model used against corruption. The methodology used to answer these problems is normative juridical research. The results of the study found that the pattern of corruption tended to vary in each region, such as double budget, mark-up, unilateral withdrawal of nagari funds by nagari administrators. However, there is a pattern that is always found in every case, namely not making a deposit of tax collection results, the tax money is intentionally not deposited and used for personal interests which causes state financial losses. Furthermore, countermeasures are taken repressively using Indonesian criminal law, as well as preventively by establishing a nagari regulation that uses a customary criminal law approach. West Sumatra has its local wisdom that is still alive and well maintained, even the community respects customary criminal law more than positive law, therefore preventive efforts by using the customary criminal law approach are expected to be able to create nagari that are free from corruption. In an effort to prevent corruption of village funds and Village Fund Allocation (ADD) by village officials, the government of Nagari Situjuah Batua, Situjuah Limo Nagari District, Lima Puluh Kota Regency, West Sumatra, made legal rules based on customary law. The regulation is stated in the Situjuah Batua Nagari Regulation Number 8 of 2019 concerning Prevention of Corruption, Collusion and Nepotism Based on the Salingka Nagari Customary Law","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81186713","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}

引用次数: 0

Gugatan Keperdataan Oleh Jaksa Pengacara Negara Sebagai Upaya Pengembalian Kerugian Keuangan Negara Karena Korupsi 检察官因贪污而被起诉，企图赔偿该州的财政损失

Nagari Law Review Pub Date : 2021-10-31 DOI: 10.25077/NALREV.V.5.I.1.P.103-115.2021

Iwan Kurniawan, Riki Afrizal

{"title":"Gugatan Keperdataan Oleh Jaksa Pengacara Negara Sebagai Upaya Pengembalian Kerugian Keuangan Negara Karena Korupsi","authors":"Iwan Kurniawan, Riki Afrizal","doi":"10.25077/NALREV.V.5.I.1.P.103-115.2021","DOIUrl":"https://doi.org/10.25077/NALREV.V.5.I.1.P.103-115.2021","url":null,"abstract":"Stollen assets recovery is one of the main purpose of eradicating corruption policy in Indonesia. Private lawsuit is one of the mechanisms that can be used to achieve this purpose. This mechanism has been regulated in Law Number. 31 of 1999 as amended by Law Number. 20 of 2001 Concerning the Eradication of Crimes of Corruption. This article analyses the extent to which private lawsuits mechanism in that Law can normatively accommodate the efforts to recover state financial losses due to corruption and the problems faced by State Attorneys in implementing these rules. This study uses both normative and empirical legal research methods. Primary data in this research was carried out by purposive sampling method in several District Attorney offices in West Sumatra. From what has been done, it can be said that the rules regarding private lawsuits in Law no. 31 of 1999 and Law No. 20 of 2001 concerning The Eradication of Crime of Corruption has opened a fairly flexible space for state attorneys to submit private action to recover state financial losses. However, the space provided by these laws and regulations has not been fully utilized by the Attorney General's Office, especially the District Attorney's Office in West Sumatra. There are several problems, both juridical and non-juridical in nature, such as: the problem of proof in the civil case, the misunderstanding of the attorney officer about the rules of private lawsuits in that Law, the problem of tracking assets, and the problem concerning the benefits or profits. In fact, the profits obtained from this private lawsuit do not have a significant impact on efforts to recover state losses.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"84 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81221755","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}

引用次数: 0

Urgency of Electronic Wallet Regulation in Indonesia 印尼电子钱包监管的紧迫性

Nagari Law Review Pub Date : 2021-10-31 DOI: 10.25077/NALREV.V.5.I.1.P.1-14.2021

Ken. Tan, H. Disemadi

{"title":"Urgency of Electronic Wallet Regulation in Indonesia","authors":"Ken. Tan, H. Disemadi","doi":"10.25077/NALREV.V.5.I.1.P.1-14.2021","DOIUrl":"https://doi.org/10.25077/NALREV.V.5.I.1.P.1-14.2021","url":null,"abstract":"The payment system in Indonesia has undergone significant changes to date. Starting from the barter system to the existence of an electronic payment system. This change is caused by the development of technology, which has an impact on changing people's lifestyles. The payment system has been known to the public since 2014 when Bank Indonesia issued the National Non-Cash Movement (GNNT) policy. This policy aims to create a cashless society eco-system while at the same time introducing the advantages of electronic payments to the public. Electronic payments are considered safer, more efficient, and easier to track. However, electronic payments are also inseparable from their shortcomings. The electronic payment system, which is relatively new in Indonesia, will face several problems, especially with the legal system. Until now, there has been no law specifically regulating electronic payment systems, specifically E-wallet. This legal vacuum will cause problems both in terms of security and legal protection for users. This study aims to find out the problems that will arise from the E-wallet and provide solutions to the problems raised from a legal perspective. The research method used is normative juridical, using a conceptual approach and a statutory approach to review E-wallets in Indonesia. The results of this study indicate that several problems arise from electronic payments. Therefore, regulations are needed to protect user security, oversee the smooth implementation of E-wallet and maintain Indonesia's economic stability.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81218359","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}

引用次数: 3

Supervision and Registration of Traditional Medicine Brand in Indonesia 印尼中药品牌的监督与注册

Nagari Law Review Pub Date : 2021-10-31 DOI: 10.25077/NALREV.V.5.I.1.P.87-92.2021

Tjia Siauw Jan, Tri Handayani, Memed Sueb

引用次数: 1

Regulatory Arrangement in the Walfare Sector using the Omnibus Law Method 综合法方法在福利行业的监管安排

Nagari Law Review Pub Date : 2021-10-31 DOI: 10.25077/NALREV.V.5.I.1.P.15-22.2021

Vivi Oktaviani Pulukadang, N. M. Nggilu, Fence M. Wantu

{"title":"Regulatory Arrangement in the Walfare Sector using the Omnibus Law Method","authors":"Vivi Oktaviani Pulukadang, N. M. Nggilu, Fence M. Wantu","doi":"10.25077/NALREV.V.5.I.1.P.15-22.2021","DOIUrl":"https://doi.org/10.25077/NALREV.V.5.I.1.P.15-22.2021","url":null,"abstract":"Pancasila and the 1945 Constitution describe Indonesia as a welfare state. In order to cause this happen, many regulations have been formed, which to this date have not been able to bring comfort and splendor in implementing the welfare of the Indonesian people. The number of regulations has actually brought Indonesia to the brink of regulatory obesity and resulted in ineffective regulations in the welfare sector. This study aims to provide an overview of solutions to various welfare problems in Indonesia through regulatory arrangement using the omnibus law method. It represents a normative study using a legal approach and conceptual approach. The results indicate that the application of the omnibus law method can be an innovative alternative without violating the Indonesian legal system. It is because the application of the omnibus law method begins with a legal transplant, which comprises several provisions: The omnibus law approach pattern is limited per sector/theme; (2) simplification of law using the omnibus law method is carried out by measuring the relevance of a regulation with basic criteria; (3) the formation of regulations using the omnibus law method using comprehensive, multidisciplinary and multi-sector approach; (4) the application of the omnibus law method as a whole must be oriented to Pancasila, the 1945 Constitution and Law Number 12 of 2011. Regulatory arrangement with the omnibus law method can not only provide effectiveness but also overcome regulatory obesity for more satisfactory legal system and administration of welfare.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81909099","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}

引用次数: 0