Nagari Law Review
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Perlindungan Hukum Terhadap Anak Luar Nikah (Analisis: Undang Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak)
Full text linkDengan menggunakan pemeriksaan UU No 35 Th 2014, analisis ini bermaksud untuk memberi perhatian pada pentingnya keamanan hukum bagi yang lahir di luar perkawinan. UU No 35 Tahun 2014 mengenai Keamanan Anak menjadi dorongan analisis ini, yaitu Pasal 1 angka (1). (2). Maksud dari analisis ini yaitu untuk menganalisis dan memperdebatkan perlindungan legislatif saat ini untuk anak-anak dari orang tua tunggal. Penelitian ini mengkaji pentingnya keamanan hukum kepada anak di bawah batas usia yang mengerjakan perzinahan dengan menggunakan analisis deskriptif kualitatif UU No 35 Tahun 2014 mengenai Keamanan Anak. Maksud analisis ini yaitu untuk mengkaji materi yang ada tentang UU Pelayanan Keamanan Anak (No. 35 Thn 2014). Fokus dari analisis ini adalah bagaimana hukum memperlakukan anak-anak dari orang tua yang belum menikah. Dalam penelitian ini, informasi dikumpulkan melalui membaca dan merekam informasi dari buku, jurnal web online, dan artikel berita online. Metode deskriptif digunakan untuk menganalisis data untuk penyelidikan ini. Pertama, menurut temuan penelitian, hak-hak sipil anak-anak dari orang tua yang belum menikah sepenuhnya dilindungi oleh UU Perlindungan Anak sebab anak-anak tersebut dianggap dilahirkan dalam keadaan fitrah, mempunyai keterkaitan sipil dengan ibu mereka dan / atau keluarganya, dan mempunyai laki-laki sebagai ayah mereka. Pemerintah memiliki tanggung jawab untuk melindungi semua anak, sejak mereka berada di dalam rahim (sebagai janin) sampai mereka mencapai usia delapan belas tahun (sebagaimana didefinisikan oleh UU Perlindungan Anak), dan ini termasuk anak-anak yang tidak mempunyai keterkaitan darah dengan orang tua mereka. Mereka juga berhak atas identitas (kepastian hukum) berupa nama (Extramarital Children)
Konsep Pengaturan Saksi Mahkota dalam Proses Peradilan: Suatu Perbandingan dalam Hukum Acara Pidana Indonesia dan Belanda
Full text linkCrown witnesses are witnesses who come from or are taken from one of the suspects or other defendants who jointly commit a criminal offence. In its application in criminal justice in Indonesia, the existence of crown witnesses is still a matter of debate between one another. This paper discusses the concept of crown witnesses in Indonesian criminal justice with perpetrator witnesses or better known as crown witnesses in Dutch criminal justice using the comparative law method. The similarities and differences that exist between the two legal systems are not intended to determine which legal system is better than the other, but are intended as a method to understand how the legal system in another country, namely the Netherlands. The results of the research show that crown witnesses and perpetrator witnesses generally have the same concept as each other, the regulation of crown witnesses is contained in SEMA Number 4 of 2011 which describes the determination of justice collaborators who are in the position of suspects not as the main perpetrators and the need for participation in the criminal act they are charged with. As for the regulation in the Netherlands, it is contained in the Dutch Criminal Code Procedure which is regulated in the terms crown witness and undertaking witness. There are several differences such as the determination of testimony by the prosecutor, the existence of an agreement before giving testimony in Dutch criminal justice, and the possibility of refusal to testify in Dutch criminal justice
Distintion Principle dalam Hukum Humaniter sebagai Jaminan Penghormatan Terhadap Hak Asasi Manusia dan Perspektifnya Menurut Syari’at Islam
Full text linkHuman rights violations often occur when war / armed conflict disputes occur that cause damage and destruction, even involving people who are not involved in the war. Humanitarian law has firmly regulated the protection of victims who are not active in the war by applying the "Distinction Principle”. This "Distinction Principle" is also regulated in the Islamic legal system. Islamic law strictly distinguishes between combatants and non-combatants as far as the non-combatant population consists of women and the elderly who do not participate in war. Islamic law also prohibits killing children because they are among the weak and powerless to kill or participate in war. This writing aims to discuss the meaning of the Distinction Principle according to Humanitarian Law in the framework of respect for human rights and to understand the Distinction Principle in the Islamic Shari'a Perspective. In writing this article, normative legal methods, namely library research, were used on library materials to obtain secondary data, then the data was analyzed qualitatively. The study's results regarding the protection of human rights are closely related to the nature and limits of human rights, which are the basis for the protection of human rights. Islamic law has regulated the distinction principle in Humanitarian Law both in the Qoran and Hadist
Constitutional Design of Strengthening DPR Role in Forming, Changing, and Dissolving State Ministries in the Constitutional Views
Full text linkAs a country that maintains a presidential system of government, it is essential to concentrate on creating the framework and structure of government. This is closely tied to the establishment, evolution, and dissolution of such institutions. As a consequence, the President and the DPR will be capable of determining responsive and constitutional legal politics. This legal policy study focuses on how the growth and regulation of state ministries and state institutions were connected to the constitutional system's establishment, modification, and dissolution. Second, how can legal politics address this in a manner that seems to be constitutional? The objective of this study is to assess the arrangements pertaining to the formation, alteration, and dissolution of ministries and state institutions under the constitutional system in order to define the ideal political legislation.This research uses normative legal research methods with descriptive research specifications and is analyzed through library research and data analysis methods using juridical-qualitative. The results of the research and discussion in this study include: First, the arrangements regarding the formation, modification, and dissolution of ministries and state institutions do not yet have a clear legal basis so that the President as the holder of power, is irregular in issuing his policies. Second, the legal politics that was initiated wanted the Government and the DPR to be more synergized in terms of drafting legal considerations and normalizing them based on statutory regulations and principles in a presidential system of government
Perbandingan Sistem Pendaftaran Indikasi Geografis Di European Union dan Asean Serta Implikasi Hukum Terhadap Indonesia
Full text linkProtection 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
Penyelesaian Sengketa Terhadap Marhun Yang Masih Berstatus Kredit Ditinjau Menurut Fatwa DSN-MUI Nomor: 25/DSN-MUI/III/2002
Full text linkThis research aims to determine the implementation of pawning on marhun who still have credit status and dispute resolution that occurred in Bangun Sari Village, Silo Laut District, Asahan Regency according to DSN MUI Fatwa number: 25/DSN-MUI/III/2002. This type of research method uses qualitative methods with a field approach (field research). The data sources in this research use two data sources, namely, primary data obtained through interviews, observations of the problem objects raised and secondary data to complement primary data obtained from books, articles, written documents, journals and other related secondary data. with the problems in this research. Meanwhile, the data collection techniques used were interviews, observation and existing literature. The location of this research is in Bangun Sari Village, Silo Laut District, Asahan Regency. The problem of this research is through DSN-MUI Fatwa Number: 25/DSN-MUI/III/2002 concerning Rahn, namely that marhun cannot be used by murtahin unless the murtahin has permission. However, looking at cases in the field, Murtahin is still taking advantage of the marhun by selling it to other parties without Rahin's permission. If the maturity date has passed, Murtahin must warn Rahin to immediately pay off his debt. However, in this case the murtahin did not remind the rahin when the debt was due. If Rahin cannot pay off his debt, Marhun will be forced to sell/execute at auction in accordance with sharia. The results of the research show that the implementation of pawning and dispute resolution for marhun with credit status in terms of the DSN MUI Fatwa in Silo Laut village, Silo Laut District, Asahan Regency is invalid because it does not comply with the provisions contained in the DSN-MUI Fatwa. Meanwhile, according to Islamic law, the implementation of pawning that occurred in Bangun Sari village, Silo Laut subdistrict, Asahan district, was not in accordance with the pillars and conditions of pawning
Tanggung Jawab Jepang Dalam Scientific Whaling Di Laut Lepas Berdasarkan Perspektif Hukum Lingkungan Internasional
Full text linkThe Japanese Antarctic Research Program II is a special permit based on the provisions of Article 8 paragraph 1 of the International Convention for the Regulation of Whaling 1946. In 2014 the International Court of Justice issued a ruling that the Japanese Antarctic Research Program II was not included in the provisions of Article 8 paragraph 1 of the International Convention for the Regulation of Whaling 1946, caused the Japanese Antarctic Research Program II to violate international environmental law. The purpose of this study was to determine the existence of the Japanese Antarctic Research Program II based on the perspective of international environmental law and to determine the responsibility of the Japanese state in scientific whaling activities based on the perspective of international environmental law. This type of research is normative legal research using a case approach by conducting a study based on the decision of the International Court of Justice No. 226 of 2014 (Australia v. Japan: New Zealand Intervening). The results of this study, the existence of a special permit for Japanese Antarctic Research Program II is allowed under the provisions of the International Convention for the Regulation of Whaling 1946 and the review of the scientific committee of the International Whaling Commission, but in practice the special permit for this research is not in accordance with the research plan and has many weaknesses so that the Japanese Antarctic Research Program II does not include a special permit for scientific research as contained in Article 8 paragraph 1 of the International Convention of the Regulation of Whaling 1946. Based on the perspective of international environmental law, Japan has subjective responsibility in the form of restitution of the Antarctic Ocean nature reserve for whale conservation and whale sustainability
The Role of Adat Institution In The Settlement of Criminal Cases Through Restorative Justice In West Sumatera
Full text linkThe process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms for settling criminal cases in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal and limited, this concept has developed and has become part of the Criminal Justice System. Settlement mechanisms that involve many related parties and are oriented towards the repair or restoration of various parties affected by a crime are seen as more capable of providing justice. One of the parties involved in the Restorative Justice process besides the perpetrator and the victim is the community. Within the scope of Adat peoples (Masyarakat Adat), community involvement is represented by Adat institutions through Adat leaders. This research examines the role of Lembaga Adat (adat institution). in resolving cases through Restorative Justice in West Sumatra. The research uses empirical legal research methods, namely by collecting data either through law enforcement agencies or customary institutions. The results of the research were analyzed by juridical qualitative. The results of the research show that in West Sumatra the settlement of criminal cases through restorative justice has involved Adata institutions represented by Adat leaders. Community involvement is formed through a memorandum of understanding between law enforcement agencies, in this case, the police and prosecutors institution, and involves Adat institutions in the implementation process. In the future, the involvement of Adata institutions in the settlement of criminal cases, especially through restorative justice, needs to be optimized, because the justice obtained will be more in line with the feelings of justice in society
Penyelenggaraan Jaminan Hari Tua Terhadap Asisten Rumah Tangga Yang Bekerja Pada Orang Perseorangan Pasca Diberlakukannya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja
Full text linkTo achieve the government's goal of providing decent work for the community as accommodated in the Constitution Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as regulated through a derivative regulation of Law Number 13 of 2003 which regulates Manpower. The presence of this arrangement provides certainty to the workforce who are people who can do work to produce goods and services both to meet their own needs and for the community. However, over time, there were several changes to the regulations with the presence of the Job Creation Act which reduced the labor guarantee. In this regard, the author will examine several problems, namely: how is the protection of old-age insurance in the social security system for workers in Indonesia, how is the application of the rules for the protection of old-age insurance to the participation of household assistants who work for individual employers, what appears in providing this old-age insurance protection for household assistants, and what efforts will be made by the Manpower Office in embracing household assistants to become participants in the old-age insurance protection. With the presence of several problems that will be studied by the author using a normative juridical research method that will focus on labor legislation, this is also strengthened by a qualitative approach method. The presence of an effort to protect the workforce by providing Old-Age Security protection, especially to Household Assistants, is the answer that we want to produce for efforts with the presence of regulations that protect ART in Indonesi
Management Of Food Security In Asean Economic Community And The Implication To Indonesia
Full text linkThe blueprint of regional integration plan of ASEAN Economic Society 2005 involves an agenda of food security to improve of chain of value and regional participation globally by increasing production of food efficiency, infrastructure and technology improvement, quality conformation and food security with the global standards and investment encourage of agriculture in ASEAN. The roadmap of food security achievement of ASEAN economic society available in framework of ASEAN Integrated Food Security (AIFS) and Strategic Plan of Action on Food Security (SPA- FS) of 2020-2025. The achievement of implementation is important in sustain the ASEAN member-states to implement the development strategy of food supply chain in firm and powerful. The agreement consists of manual and recommendation not legally binding to implement voluntarily by the member-states to ensure the food security, nutrition upgrading and long-term farmer life in ASEAN. Domestically, it is a chance for Indonesia to cooperate on food security with the other member-states of ASEAN