Nagari Law Review
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Implikasi Hukum Kebijakan Food Estate Di Kawasan Hutan Terhadap Kelestarian Ekosistem Hutan
No full textThe Food Estate policy implemented in forest areas is part of Indonesia’s efforts to improve national food security; however, its implementation has the potential to undermine the sustainability of forest ecosystems. A key issue concerns the conversion of forest areas into large-scale agricultural land, leading to deforestation, loss of biodiversity, and disruption of hydrological cycles that may contribute to global climate change. This study aims to examine various legal issues arising from the implementation of this policy, particularly those related to the regulation of natural resource conservation and efforts to maintain forest ecosystem sustainability. This study employs a normative juridical approach by analyzing relevant statutory provisions and examining the extent to which food security policies align with or conflict with environmental conservation principles. The findings reveal that the implementation of the Food Estate policy has not yet fully aligned with conservation principles stipulated in existing legislation, including provisions contained in the Law on the Conservation of Biological Natural Resources and Their Ecosystems. Therefore, more comprehensive environmental impact assessments and meaningful public participation at every stage of policy implementation are necessary to ensure a balance between food security and forest sustainability
Pertanggungjawaban Pemerintah dalam Kebijakan Penataan Pegawai Non Aparatur Sipil Negara Dikaitkan dengan Sistem Merit
No full textThe structuring of non-civil servant employees (non ASN) constitutes a constitutional mandate that must be fulfilled by the government within the timeframe stipulated in Law Number 20 of 2023 on the State Civil Apparatus. This study analyzes government accountability in the structuring of non-ASN employees in relation to the implementation of the merit system as the foundation of bureaucratic reform. Employing a normative juridical method with a qualitative approach, the research evaluates legal, implementative, and systemic aspects of non-ASN employee structuring. The findings reveal that government accountability in managing non-ASN employees faces complex challenges in the implementation of the merit system, which significantly affects the overall effectiveness of bureaucratic reform. The study concludes that government accountability in the structuring of non-ASN employees is not only legal-administrative in nature but also constitutional, considering the state’s obligation to provide legal certainty and protection for citizens who have served. These findings contribute to the development of the theory of state administrative accountability and provide recommendations for improving personnel policies to be more equitable and merit-based
Pengaturan Pelayanan Kesehatan Paliatif Bagi Masyarakat Miskin dalam Jaminan Kesehatan Nasional
Full text linkHealth services are the rights of every individual that the state must guarantee through sustainable policies and systems. Law Number 17 of 2023 concerning Health has included palliative services as part of health services. Still, its implementation in the National Health Insurance (JKN) has not been explicitly regulated in other regulations, such as Law Number 40 of 2004 concerning the National Social Security System and Presidential Regulation Number 59 of 2024 concerning Health Insurance. This creates legal uncertainty, especially in ensuring poor access to palliative services, resulting in significant social, economic, and infrastructure barriers. This study aims to analyze the arrangement of palliative health services in the JKN system, identify the obstacles faced by people experiencing poverty in accessing these services, and determine what efforts can be made. The research was conducted with a normative juridical approach, using secondary data from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively to understand the legal problem and its impact on implementing palliative services. The results show that palliative care has not been explicitly recognized as part of the guaranteed benefits in JKN, leading to uncertainty in financing, a lack of service standards, and discrimination against the poor in access. To overcome this, it is necessary to strengthen regulations, prepare national guidelines for palliative services, increase the capacity of health workers, and allocate special budgets. This effort is expected to ensure equitable access to palliative services for all levels of society, especially low-income people
Women as Victims of Human Trafficking (TPPO) In North Kalimantan Indonesia from Criminal Law and Islamic Law Perspectives
Full text linkThe criminal act of human trafficking (TPPO) is a serious crime that occurs on both national and international scales. It is a crime that is not easily detected because it is carried out in an organized and professional manner. Cases of human trafficking continue to increase every year, both globally and in Indonesia. This clearly proves that various international and national regulations have not been able to eliminate this crime. Therefore, it can be concluded that the high rate of human trafficking is not caused by a lack of regulations established by the government, but rather by the fact that the criminal penalties imposed on the perpetrators have not been effective in deterring them. Additionally, the existing regulations have not been fully effective in preventing the crime. Thus, it is necessary to compare the legal provisions on human trafficking with those found in Islamic criminal law. This research falls under normative legal research, using secondary data and analyzed deductively. Indonesia has regulated human trafficking in the Criminal Code (KUHP), specifically in Article 296, which prohibits human trafficking in the form of sexual exploitation. Similarly, Islamic criminal law prohibits human trafficking. This is based on the primary objectives of Islamic law (Maqāṣid al-Sharī ‘ah), which emphasize the importance of preserving five essential values: religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), and property (māl), as stated in the Qur'an, Surah Al-Isra (17:70). Islamic law strictly forbids all forms of coercion, slavery, and sexual exploitation, as these actions violate the sanctity of human dignity
Protection of Indonesia’s Genetic Resources and Traditional Knowledge (International and National Legal Perspectives)
No full textIndonesia, with its abundant biodiversity, has important genetic resources (GR) and traditional knowledge (TK) in various fields. A normative juridical approach is used in this study. This research highlights the legal protection of GR and TK to prevent biopiracy by examining the national and international legal frameworks, as well as the challenges faced. International instruments such as the CBD, Nagoya Protocol, and TRIPS, as well as national laws (Law No. 5 of 1990 and Law No. 13 of 2016), have not been fully effective due to mismatches in regulatory objectives and implementation outcomes. Challenges in their implementation require commitment, knowledge, and collaboration of all elements of the nation. Regulations on the utilization of genetic resources and traditional knowledge have been regulated in several international and national legal sources. However, these regulations have not been able to protect the utilization of Indonesia's genetic resources and traditional knowledge from biopiracy and prevent the illegitimate granting of patents. This is because the basis of protection of genetic resources and traditional knowledge at the beginning was more focused on conservation without concerning at private aspects, especially commercialization. Therefore, the separate arrangements are needed in the use of genetic resources and traditional knowledge. In addition, the technical derivative regulations are also needed to address on the root of the problem in protecting Indonesia's genetic resources
Implementasi Perkawinan Beda Agama Terhadap Suami Isteri yang Berbeda Keyakinan
Full text linkInterfaith marriage is a complex issue in Indonesia, considering the conflict between religious norms and state law. Based on Law Number 1 of 1974 concerning Marriage, the validity of a marriage is determined by the laws of each religion, which often becomes an obstacle for interfaith couples, especially in registering their marriage. This study examines the legality of interfaith marriages in Indonesia through the Yogyakarta District Court Determination Number 141/Pdt.P/2023/PN Yyk and its implications for the rights and obligations of husbands and wives with different beliefs in Indonesian family law. This research uses a normative juridical approach with analysis of court decisions and review of statutory regulations. The research results show that although Indonesian law does not explicitly regulate interfaith marriages, the court decision route can provide a legal solution for registering these marriages. However, the legal implications remain significant, especially in terms of maintenance rights, inheritance rights and child status, which often face administrative obstacles. Therefore, more inclusive regulations and clearer registration procedures are needed to provide legal certainty and protect the rights of families from interfaith marriages. The aim of this research is to provide answers to various problems related to interfaith marriages
Kepastian Hukum Status Tanah Ulayat Yang Dijadikan Hak Guna Usaha Setelah Habis Masa Berlakunya
Full text linkThe According to the provisions of Article 28 paragraph (1) of the Basic Agrarian Law, "Utilization rights are the right to cultivate land that is directly controlled by the state for a certain period of time for agricultural, fishing or livestock businesses." The subject of Cultivation Rights (HGU) in article 30 UUPA Junto Article 2 Government Regulation Number 40 of 1996 stipulates that those who can have Cultivation Rights Are Indonesian citizens and legal entities established according to Indonesian law and domiciled in Indonesia. Nowadays, HGU issues often involve the existence of customary land as a forum for the HGU to take place. The law has set a time limit for the use of HGU, but in reality when the HGU has expired, it is not uncommon for conflicts of interest to occur between customary land owners and HGU holders. Therefore, this research will examine the Legal Certainty of the Status of Ulayat Land which is Used as Cultivation Rights After the Validity Period Expires, to find out what the ideal legal parameters are to resolve this legal issue
Tanggung Gugat Pemerintah Atas Kebocoran Data Pribadi Masyarakat Dalam Perspektif Undang-Undang Pelindungan Data Pribadi
Full text linkThe development of digital technology can affect the performance of data management systems carried out by both government and private agencies, various digital-based activities that have an impact on efficiency in performance. Data leaks obtained through electronic media are valuable things such as population registration numbers, family cards, and identity cards. The importance of protecting personal data so that there is no data exploitation by irresponsible parties. The results of this study answer the problem, namely, first, the PDP Law has not been able to provide legal protection to citizens if the government as the data controller has been negligent over personal data. This, legal accountability for the government's negligence in protecting the personal data of its citizens still refers to government actions that are not in accordance with the general principles of good governance or abbreviated as AUPB as regulated in Law Number 30 of 2014 concerning Government Administration. Second, Legal Protection for the Community Experiencing Personal Data Leaks in Facebook account data leaks can be carried out through a State Administrative Dispute Lawsuit as based on Article 17 paragraph (1) and paragraph (2) letter c of Law Number 30 of 2014 concerning Government Administration in the form of abusing authority. The basis for the State Administrative Lawsuit against the Government is because the act of leaking data on Facebook accounts belonging to Indonesian citizens has violated the provisions of the General Principles of Good Governance (AUPB), especially accuracy, public interest, and good service as regulated in Article 2 of Law Number 30 of 2014 concerning Government Administration. However, the government can also be sued in a civil manner if there is negligence in controlling personal data belonging to citizens as regulated in Article 12 of Law Number 27 of 2022 concerning Personal Data Protection
Penerapan Pembagian Waris Beda Agama Pada Etnis Tionghoa Di Kabupaten Bungo Provinsi Jambi
Full text linkThe Chinese ethnic group is one of many ethnicities or tribes that contain communities with quite complex religious plurality, within the Chinese ethnic group there are people who are Muslim, Buddhist, Hindu, Christian and also Confucian. The diversity of religions in the ethnic Chinese traditional community also gives rise to several legal options that can be chosen to be applied, especially in matters of inheritance, where there are at least 3 (three) inheritance law provisions that can be used, namely civil inheritance law, customary inheritance law, and also inheritance law of Islam. The differences in religion adhered to between heirs and heirs will raise several questions related to this regarding: 1. How implementation of inheritance from different religions in the ethnic Chinese community in Bungo Regency? 2. What is the influence of the legal system in terms of regulating and implementing inheritance of different religions by ethnic Chinese in Bungo Regency? 3. What are the legal steps for a Notary if a client visits him who wants to arrange an inheritance deed but the parties to the deed have different religions? The research method used is an empirical juridical method. This research is descriptive. Data collection techniques are document study and interviews. From the research results, in general, the Bungo Chinese ethnic community chooses a very different inheritance rules, there are some people choose to use Chinese inherintance rules, the others choose to use the inheritance rules of the Civil Code, Apart from the two inheritance rules above, a small percentage of people choose to implement Islamic inheritance rules, and there are also who choose rules of inheritance base on agreement
Restorative Justice Tindak Pidana Kekerasan Pada Anak Sebagai Korban (Studi Komparatif Hukum Pidana Positif dan Hukum Pidana Islam)
No full textThe resolution of criminal cases constantly evolves in line with criminal justice theory. One development in criminal justice theory is the development of criminal justice, which aims not to be punitive but to address the situation through out-of-court settlements, such as restorative justice mechanisms. However, Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence states that cases of sexual violence cannot be resolved outside the judicial process, except for child perpetrators. Meanwhile, the application of restorative justice has been expanded to include crimes whose perpetrator is an adult that are not settled in the juvenile criminal justice system. Therefore, this study analyzes the application of restorative justice in cases of sexual violence against child victims. The research was a normative legal research that was conducted by comparing Indonesian positive and Islamic criminal law. The study employed a normative method through a statutory and comparative legal approach. The results of the study indicate that resolving sexual violence cases outside the courts, such as through restorative justice, does not allow for resolution. This regulation provides more legal certainty and has a greater deterrent effect. Conversely, in Islamic criminal law, non-penetrative sexual violence is categorized as a taʿzir crime that does not have rigid punishment provisions, thus providing judges with flexibility to impose contextual sanctions. This system allows for applying a restorative justice approach, as long as the victim's rights are maintained. It is recommended that national criminal law consider legal reforms that recognize the existence of categories of sexual violence with different levels of risk, so that it remains possible for crimes of sexual violence with specific qualifications to be resolved through restorative justice