Nagari Law Review最新文献_第5页

Legal Protection On Consumers Of Fintech Peer To Peer Lending Due To Covid-19 Pandemic 新冠疫情对金融科技p2p借贷消费者的法律保护

Nagari Law Review Pub Date : 2021-10-31 DOI: 10.25077/NALREV.V.5.I.1.P.69-75.2021

D. Debora

引用次数: 0

Pola Pengelolaan Kekayaan Nagari Dan Pemberdayaan Masyarakat Dalam Peningkatan Kesejahteraan 纳格里的财富管理模式和提高社会福利的赋权模式

Nagari Law Review Pub Date : 2021-10-31 DOI: 10.25077/nalrev.v.5.i.1.p.59-68.2021

Lerri Pattra

{"title":"Pola Pengelolaan Kekayaan Nagari Dan Pemberdayaan Masyarakat Dalam Peningkatan Kesejahteraan","authors":"Lerri Pattra","doi":"10.25077/nalrev.v.5.i.1.p.59-68.2021","DOIUrl":"https://doi.org/10.25077/nalrev.v.5.i.1.p.59-68.2021","url":null,"abstract":"One of the objectives of a state is stated in the fourth paragraph of the preamble to the 1945 Constitution, namely for the welfare of the community. After the enactment of the Regional Government Law, regional governments were given the authority to regulate and manage their own regional government affairs. The existence of nagari as a legal community unit in the Unitary State of the Republic of Indonesia has a constitutional basis in Article 18 B paragraph (2) of the 1945 Constitution, the article states \"The state recognizes and respects the unity of customary law communities and their traditional rights ...\". Before the amendment of the 1945 Constitution, Nagari was recognized as an area with original and special rights. Nagari as the lowest government unit that directly deals with the people in West Sumatra, in its development, is required to be able to empower and provide increased welfare for its people. An important aspect of Nagari autonomy is the authority to regulate (regularend) the household in the form of a legal product known as Nagari Regulation. With the existence of rules, the second aspect of autonomy will be implemented, namely the aspect of managing (besturen). Aspects of regulating according to the authority of the Nagari stipulated in the Nagari Government Law (a) authority based on rights of origin, (b) Village-scale local authority; (c) authority assigned by the Government, Provincial Government, or Regency / Regional Government City; and other authorities assigned by the Government, Provincial Government, or Regency / City Regional Government in accordance with the provisions of statutory regulations. Good management of village wealth and community empowerment will be able to improve community welfare, according to the aspirations of the Indonesian nation","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"99 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85870069","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: 1

Perluasan Kompetensi Absolut Peradilan Tata Usaha Negara Dalam Keadaan Darurat Bencana Non Alam di Indonesia 在印尼发生非自然灾害时，国家行政当局的绝对司法能力得到加强

Nagari Law Review Pub Date : 2021-04-30 DOI: 10.25077/NALREV.V.4.I.2.P.154-174.2021

Amancik Amancik, Beni Kurnia Illahi, Putra Perdana Ahmad Saifulloh

{"title":"Perluasan Kompetensi Absolut Peradilan Tata Usaha Negara Dalam Keadaan Darurat Bencana Non Alam di Indonesia","authors":"Amancik Amancik, Beni Kurnia Illahi, Putra Perdana Ahmad Saifulloh","doi":"10.25077/NALREV.V.4.I.2.P.154-174.2021","DOIUrl":"https://doi.org/10.25077/NALREV.V.4.I.2.P.154-174.2021","url":null,"abstract":"The Indonesian government in dealing with the COVID-19 has created various legal instruments for policy implementation. One of those instruments is the Government Regulation in Lieu of Law Number 1 of 2020 which regulates the financial policy for COVID-19 which has been passed as Law Number 2 of 2020. However, there is a provision that is contrary to the administrative law principles, precisely in Article 27 paragraph (3). The norm is considered to close the gap of public access to take legal remedies to correct or examine decisions that have potential to cause harm related to actions or decisions. Even though Article 49 of Law Number 5 of 1986 also provides the similar meaning, however because the COVID-19 pandemic is categorized as a non-natural disaster, the COVID-19 Financial Policy Law should provide an expansion of state administrative court's (PTUN) absolute competence in examine and adjudicate administrative dispute cases. Therefore, this study tries to parse how the Regulations and Options for Public Legal Remedies towards Government Actions and Decisions in Non-Natural Disaster Emergencies in Indonesia. Second, what is the idea for expanding the absolute competence of PTUN in non-natural disaster emergencies in Indonesia. This research uses normative legal research methods with descriptive research specifications and analyzed through literature study and data analysis methods using juridical-qualitative. The result shows that it is time for redesigning in order to fulfill the community legal means in dealing with non-natural disaster conditions of COVID-19. The design can be rearrange the provisions in the COVID-19 Financial Policy Law and the Law of PTUN, so that the capability of PTUN in the future is not limited to state administrative decisions, including all the actions of state administrative bodies / Officials based on public law that cause harm for a person or civil legal entity either in normal conditions or in conditions of non-natural disasters","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83864969","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

Menakar Makna Merugikan Perekonomian Negara Dalam Undang-Undang Tipikor 在《薄皮法》中衡量国家经济成本

Nagari Law Review Pub Date : 2021-04-30 DOI: 10.25077/NALREV.V.4.I.2.P.225-238.2021

Taufik Rachman, Lucky Raspati

{"title":"Menakar Makna Merugikan Perekonomian Negara Dalam Undang-Undang Tipikor","authors":"Taufik Rachman, Lucky Raspati","doi":"10.25077/NALREV.V.4.I.2.P.225-238.2021","DOIUrl":"https://doi.org/10.25077/NALREV.V.4.I.2.P.225-238.2021","url":null,"abstract":"One of the important elements to determine the existence of corruption is the loss of state finances or economic losses of the state. For the latter, the meaning of state economic losses is very rarely used because of the pros and cons in law enforcement practices. For those who are against the loss of the state economy in the crime of corruption argues that the element of aquo is not clear so it is very prone to be misused so contrary to the principle of legality. The basis of his thinking, simply by determining the existence of state financial losses, there is no need to prove the economic loss of the country. For those who are pro will need to prove the loss of the state economy in the case of corruption mentioned that this element needs to be proven as an alternative to determine the adverse consequences of corruption on the country's economy. This paper discusses the parameters used to measure the meaning of \"state economic loss\" in applying Article 2 and Article 3 of the Tipikor Law. The way to measure aquo losses is to use two stage evaluations, namely the first to determine material losses resulting from illegal acts (PMH) and the second to determine whether the object is directly related to the country's economy. The legal consequences of material losses resulting from PMH in corruption crimes do not always exist to the state's economic losses. If the state's economic losses are considered to exist then the financial losses of the state must exist","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78478101","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: 1

An Islamic Law Design In The Realm Of The National Legal Politics 国家法律政治领域中的伊斯兰法律设计

Nagari Law Review Pub Date : 2021-04-30 DOI: 10.25077/NALREV.V.4.I.2.P.106-119.2021

Winardi Winardi

引用次数: 0

Protection on Free-to-Air Content in Indonesia 印尼对免费播放内容的保护

Nagari Law Review Pub Date : 2021-04-30 DOI: 10.25077/NALREV.V.4.I.2.P.131-141.2021

Caisa Aamuliadiga

引用次数: 0

Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit 在棕榈油种植园合作协议中保护社区权利的法律保护

Nagari Law Review Pub Date : 2019-04-13 DOI: 10.25077/NALREV.V.2.I.2.P.175-182.2019

H. Siregar

{"title":"Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit","authors":"H. Siregar","doi":"10.25077/NALREV.V.2.I.2.P.175-182.2019","DOIUrl":"https://doi.org/10.25077/NALREV.V.2.I.2.P.175-182.2019","url":null,"abstract":"The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82963387","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