Nagari Law Review
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Kajian Yuridis Tidak Dilaksanakannya Wasiat Oleh Pelaksana Wasiat
Full text linkA testament is the last will of a person to give his wealth before the person passes away. In implementing a testament, there is often a problem when the testament executor does not execute the testament that the testator has made. This is interesting to analyze because the Civil Code, specifically regarding inheritance law, does not provide clear arrangements regarding the legal consequences of the non-execution of a testament by the executor. This research uses normative legal research, statute approach, and conceptual approach. The results of this analysis state that if the testament executor does not execute the will, then civilly, the testament executor is contrary to his legal obligations as stipulated in Article 1011 jo. Article 1021 of the Civil Code. The testament executor can also be sued based on an illegal act because every action of the testament executor that causes loss to the heirs is considered an unlawful act in accordance with Article 1365 jo. 1367 of the Civil Code
The Urgency of Implementation Top And Down Principles Towards Red And White Cooperatives In Indonesia
Full text linkAfter the election of Mr. Prabowo Subianto, he has launched breakthroughs aimed at changing Indonesia for the better in the future. One of the breakthroughs that Mr. Prabowo Subianto has made includes Danantara as Indonesia's SWF, Free Nutritious Meals (MGB), and the Red and White Cooperative. In these three projects, the author will examine the existence of the Red and White Cooperative which has been ratified through Presidential Instruction Number 9 of 2025 concerning the Acceleration of the Establishment of Red and White Village/District Cooperatives. With Presidential Instruction Number 9 of 2025, all cooperatives that have been established in villages will be replaced with the Red and White Cooperative. This change actually goes against the founding values of cooperatives, namely deliberation and democracy. This research is legal research with a statutory approach, analytical approach and conceptual approach. The results of this research explain that firstly, the application of the nature of investment capital in cooperatives certainly cannot be applied absolutely to the risks that occur but is only limited to business risks that occur in the business sector financed by investors. Second, in Indonesia, even though the concept of cooperatives is covered by law, the existence of cooperatives still cannot run effectively. Third, on the economic side, the urgency of establishing the Red and White Cooperative is a good breakthrough for fulfilling the economic welfare of village communities. But from a legal perspective, it is necessary to understand the Top & Down principle in formation so that the capital carried out by the central government does not fulfill the principles of forming cooperatives based on kinship, democracy and independence. Then, in Law Number 6 of 2014 concerning villages, villages are actually the subject of development, so the formation of cooperatives should be based on the decisions of the village community
Juridical Study of the Meme Phenomenon in Social Media
Full text linkThis paper examines the role of forensic linguistics in identifying and analyzing memes that contain elements of defamation or insult on social media platforms. In the digital age, memes have become a prevalent form of communication, often blurring the lines between humor and harmful content. This study highlights how such memes can violate Indonesian law, specifically the Criminal Code and the Electronic Information and Transactions (ITE) Law, by spreading false information and damaging the reputations of individuals or entities. This research uses the normative legal research method. The result of this research is memes can indeed contain elements of defamation or insult, violating both the Criminal Code and the Electronic Information and Transactions (ITE) Law in Indonesia. The ITE Law, notably Article 27, paragraph (3), provides a progressive framework for addressing defamation and insult through digital media, imposing criminal penalties on those who intentionally and without rights to distribute, transmit, or make accessible defamatory or insulting content. This law is more effective in the digital age than the Criminal Code, as it acknowledges the rapid spread and broad reach of defamatory content on social media. Forensic linguists play a crucial role in these cases, interpreting whether a meme is defamatory or merely a joke. This distinction is vital as it determines legal consequences. If a meme contains defamation or insult, the perpetrator can face criminal sanctions; no liability arises if it is a harmless joke. Forensic linguists assess memes' context, intent, and impact, helping legal authorities understand the nuances of digital communication and ensuring that justice is served. Their expertise is vital in distinguishing harmful content from benign expressions, contributing to a fair judicial process, and protecting individuals and entities from undue harm while maintaining freedom of expression
Legal Protection for Women Divorced Outside the Court in Indonesian Law
Full text linkThis article investigates the legal protection of divorced women outside the court from civil and criminal law perspectives. Using a qualitative empirical juridical approach, this study was conducted in Nagari Pasar Tapan, a subdistrict in Pesisir Selatan Regency, West Sumatra, where extra-judicial divorces are still prevalent due to factors such as limited legal literacy, economic hardship, and the lack of access to judicial institutions. The findings indicate that extra-judicial divorce not only causes legal uncertainty in terms of marital status but also deprives women of their post-divorce rights, including maintenance, shared asset division, and child custody. Moreover, informal divorces often expose women to criminal accusations, such as polyandry, as a result of subsequent marriages not recognized by the state. This study emphasizes the importance of legal reforms, including increased awareness of divorce procedures, access to legal aid, and the strategic role of notaries in drafting and legalizing prenuptial agreements. By strengthening the position of women in such vulnerable legal circumstances, the state can fulfill its constitutional mandate to protect the rights of its citizens
Urgensi Perubahan Kelima Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Upaya Penguatan Independensi Kelembagaan Mahkamah Konstitusi
No full textInevitably, the same problem, namely the infertility of the judicial institution, is also one of the problems that occurs in Indonesia. One of the processes in changing the 1945 Constitution of the Republic of Indonesia is to reconstruct the judicial power institution. As one of the judicial authorities, the Constitutional Court has the independent authority to administer justice to uphold law and justice. In carrying out its adjudicating function, the Constitutional Court has nine constitutional judges appointed by the President, with three nominated by the Supreme Court, three by the House of Representatives, and three by the President. The Constitutional Court is not immune to controversial issues that intersect with its independence. The regression of democracy in Indonesia is increasingly apparent when institutions, such as the Constitutional Court, are caught up in practical politics. Issues arise regarding the weakness of the Constitutional Court system regulated in the 1945 Constitution of the Republic of Indonesia, particularly the system for filling constitutional judge positions, which impacts the Constitutional Court's independence.Are controversial cases in the Constitutional Court that overlap with independence caused by the weakness of the system related to the Constitutional Court as regulated in the 1945 Constitution of the Republic of Indonesia? The research method used is normative juridical. The results of the research, filling the position of constitutional judge through the House of Representatives, the Supreme Court and the President as mandated by Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia, is a form of mechanism.check and balanceswhich is not functional but issupreme. To maximize objectivity regarding the quality of constitutional judges, tiered selection through a mechanismcheck and balancesBased on the function of the institution that carries out the functions of state power, this is an option. This option is one of the efforts to strengthen the independence of the Constitutional Court. To realize this idea, it is necessary to make a fifth amendment to the 1945 Constitution of the Republic of Indonesia, specifically by reconstructing Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia
Perjanjian Hak Kekayaan Intelektual Asean di Bidang Paten dan Implikasinya bagi Indonesia
No full textManaging Intellectual Property well can help increase revenue streams of businesses and enhance shareholders’ value. As a class of property that includes intangible creation of the human mind, Intellectual Property also protects technology innovations, enhance brand recognition and increase competitive advantage for products and services in the global marketplace. Intellectual Property includes patents, utility models, copyright, industrial designs, trademarks, plant variety protection, integrated circuits design, genetic resources, trade secret, traditional knowledge, geographical indications and domain names. It plays an important role in the achievement of national and regional socio-economic development goals of the ASEAN Economic Community (AEC). It is also a critical tool in encouraging transfer of technology, and stimulating innovation and creativity that will lead to a competitive, innovative, and dynamic ASEAN as envisioned in the AEC Blueprint 2025. Therefore, the States of the ASEAN Region have entered into an intellectual property regulatory agreement through The ASEAN Intellectual Property Rights Action Plan 2016-2025. The ASEAN Intellectual Property Rights Action Plan, thus formulated, will have four strategic goals: (a) A more robust ASEAN IP System is developed by strengthening IP Offices and building IP infrastructures in the region; (b) Regional IP platforms and infrastructures are developed to contribute to enhancing the ASEAN Economic Community; (c) An expanded and inclusive ASEAN IP Ecosystem is developed; and (d) Regional mechanisms to promote asset creation and commercialisation, particularly geographical indications and traditional knowledge are enhanced. In this agreement there are several principles of international law that are then applied by ASEAN countries including Indonesia. Indonesia’s participation in ratifying the ASEAN Charter in 2008 provides binding implications for Indonesia to harmonize legal arrangements. For Indonesia, participation in this agreement will certainly enhance the legal protection of intellectual property in Indonesia
Raising Legal Awareness in MSME Trade: Protecting and Registering Trademarks
No full textMicro, Small, and Medium Enterprises (MSMEs) as small-scale industries tend to ignore the importance of intellectual property protection, particularly evident in the minimal registration of MSME trademarks with the Directorate General of Intellectual Property. Although the World Intellectual Property Rights (WIPO) recognizes the potential of MSMEs to drive product innovation and creativity, MSME awareness of the use of Intellectual Property Rights remains low. This study uses a normative legal research method, focusing on the study of legal provisions related to MSME trademark registration and protection. A descriptive analytical approach is used to identify and resolve existing legal issues, with reference to relevant laws and regulations. Trademark registration is considered the basis for rejecting similar trademarks filed by other parties for similar goods or services. The "first to file" principle applies in Indonesia, which grants exclusive rights to the first registrant for 10 years. Efforts to increase MSME legal awareness of the importance of trademarks, particularly through registration, are crucial. Legal counseling can be an effective means to increase public understanding, by emphasizing the legal protection and legal certainty provided by trademark registration. The importance of legal counseling as a strategy to increase legal awareness among MSMEs in registering their trademarks needs to be considered. This awareness can ensure that MSMEs understand the importance of brands to their businesses and can manage them legally to maintain their protection. This study recommends the need for further provision and understanding through legal counseling to ensure better legal awareness among MSMEs
Antara Regulasi dan Realita: Problematika Penerapan TKDN dalam Pengadaan Konstruksi Pemerintah di Indonesia
No full textThe Domestic Component Level (TKDN) policy aims to strengthen Indonesia's domestic industries through government procurement. However, implementation in public construction projects often fails to meet expectations. This study evaluates TKDN compliance, identifies causes of non-compliance, and assesses administrative enforcement effectiveness using a juridical-empirical approach on five strategic infrastructure projects under Balai Jasa Konstruksi Wilayah I (BJKW I) Banda Aceh. Findings reveal significant implementation gaps: two of five projects failed to meet TKDN thresholds per Minister Decree No. 602/KPTS/M/2023, including one with zero percent realization, yet no sanctions were imposed. Four systemic factors cause non-compliance: low technical literacy among contractors, inadequate documentation infrastructure, weak supervision by project owners, and absent enforcement mechanisms. The study identifies an "enforcement deficit" where legal norms lose regulatory power due to inconsistent application. This creates unfair competition where compliant contractors gain no advantage while violators face no consequences. Research confirms Van Meter and Van Horn's implementation theory, showing policy success requires implementer capacity, inter-organizational communication, and enforcement consistency. The study recommends five strategic measures: integrated real-time verification systems, comprehensive capacity building, cross-agency coordination units, automatic sanctions, and positive incentives for compliance. Transformation from compliance-oriented to performance-oriented implementation is essential for achieving TKDN's industrial strengthening objectives
Penafsiran Hukum Terhadap Pasal 156a Kitab Undang-Undang Hukum Pidana Tentang Tindak Pidana Penodaan Agama
Full text linkThe criminal offense of religious defamation, regulated under Article 156a of the Indonesian Criminal Code, often triggers social and political issues due to varying interpretations, leading to debates and criminalization. This research discusses a notable case of religious defamation in Indonesia, specifically Verdict Number 1612/Pid.B/2018.Pn.Mdn involving the defendant, Meliana. In this verdict, the court found the defendant guilty of insulting Islam concerning the volume of the call to prayer (adhan) in her neighborhood. Her actions provoked public anger, leading to serious legal consequences. Therefore, this study aims to analyze and provide an in-depth interpretation to address ambiguities in the article's formulation concerning the boundaries of “hostility,” “misuse,” and “defamation.”The research focuses on three main questions: (1) What is the legal interpretation of the criminal offense of religious defamation under the Law on Religious Defamation? (2) How is the concept of religious defamation in Article 156a of the Criminal Code legally interpreted? and (3) How did the judge interpret the criminal offense of religious defamation in Medan District Court Verdict Number 1612/Pid.B/2018/Pn.Mdn? This study adopts a normative research method, focusing on the written rules, principles, and norms within a legal system and analyzing laws, regulations, jurisprudence, and legal doctrines to solve legal issues. The research findings indicate the need to review Article 156a of the Criminal Code to better align it with societal developments. The verdict discussed in this study demonstrates that the criminal sanctions imposed were inconsistent with the substantive law in Article 156a of the Criminal Code. The sanctions included administrative and criminal penalties, highlighting the dual-track system in Law Number 1/PNPS of 1965 and Article 156a of the Criminal Code. Therefore, a more specific legal interpretation is needed to ensure the fair application of Human Rights Principles
Efektivitas Pemungutan Pajak Bumi Dan Bangunan Perdesaan Dan Perkotaan Pasca Pengalihan Kewenangan Pemungutan Daerah Provinsi Sumatera Barat
Full text linkLaw No. 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments regulates that the authority to collect Rural and Urban Land and Building Taxes is transferred from the Central Government to the Regional Government (Regency/City). This research is entitled The Effectiveness of Rural and Urban Land and Building Tax Collection (PBB P2) After the Transfer of Collection Authority to the Regions in West Sumatra Province. The aim of this research is to determine the effectiveness of Land and Building. Tax collection Rural and Urban in Padang City Bapenda. This type of research is empirical juridical with a qualitative approach. The source of data obtained is primary data with data collection methods through interviews and documentation. The results of the research obtained that the effectiveness of the Rural and Urban Land and Building Tax collected by the Padang City Bapenda is quite effective. That is, with an average of 80%. In 2019 the achievement value was 84.53%, in 2020 the achievement value was 83.06%, in 2021 the achievement value was 85.95%. In 2022 the achievement value was 87.35%. Furthermore, the results of research using descriptive show that the system and procedures for collecting Land Tax and The building is running as it should, but when it comes to paying the Land and Building Tax itself, taxpayers are still reluctant to make direct deposits to the designated Bank or Post and Giro Office and generally taxpayers tend to wait for the collection officer to make the collection