Nagari Law Review
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Quo Vadis Sport Law: Pertanggungjawaban Pidana atas Kematian Suporter Sepak Bola
Get PDFThe death of supporters due to Indonesian football is not the first time. The death was caused by being trampled or squeezed by other supporters in the stadium due to the overcapacity of the stadium. This research is expected to be a reference and reference and answer the anxiety of the community, especially the alination of Indonesian football regarding accountability or even legal protection of supporters at Indonesian football matches. The Disciplinary Commission has mandated that the organizers prepare to ensure the comfort and peace of all parties including supporters both inside and around the stadium, this is part of the responsibility and obligation of the match organizers. Article 54 of the Law on Justice lists the right of spectators to be guaranteed comfort and safety. Article 359 of the Criminal Code provides criminal sanctions against parties suspected of negligence that caused death. These provisions are a form of legal protection for Indonesian football supporters. This article is discussed using a statute approach and a conseptual approach with a doctrinal (normative juridical) type of research with primary law material, secondary law material dan tertier law material
Regulasi Keinsinyuran dalam Konteks ASEAN Mutual Recognition Agreement on Engineering Services
Get PDFInfrastructure development is a benchmark for a country's achievement. Indonesia as developing countries makes various acceleration efforts by increasing the quality and quantity of engineers as the main actor to produce quality development plans. In addition, considering the development of the ASEAN Economic Community (AEC), engineering practice is expected to contribute globally, especially in ASEAN countries. To answer this, the Government of Indonesia issued Act Number 11 of 2014 concerning Engineering and Act Number 2 of 2017 concerning Construction Services. These two Regulation serve as legal protection for the implementation of engineering practice. However, along with the dynamics of political interests, the implementation of these two regulations are actually contradictive and they inherent the ambiguity of the roles of several intersecting institutions related to the engineering profession certification process. Hence this study aims to analyzes the disharmonization of the regulations and to offer solutions. To achieve the aims, the study uses a sociological juridical method that examines the provisions of the two act and examines in depth the realities that exist in society. Beside that, the method use the secondary legal material such as Mutual Recognition Agreement (MRA) on Engineer Service in ASEAN. This article offers a critical approach obtained from the Focus Group Discussion as a public sphere for the gap in engineering practice certification. In this study, it was found that there are gaps in the function and flow mechanism in obtaining competency certificates. This condition has led to a tendency for professional actors to choose an easiest requirement but provide a large access to participate in various government projects. The study concludes that basically the presence of these two acts are beneficial in regulating engineering practices, but they are not supported by massive information and consistency of the government as a regulator and the synergity of the institutions involved in implementing these regulations has not been optimal
Living Law Transplantation In Construction Criminal Medical Law
Get PDFLaws live and develop from patterns of behaviour in society, laws are not free of values, between legality and justice are inseparable. Laws made by the authority of sovereign states that are regulated and have sanctions can work effectively if there is a relationship of moral values that provide essential justice. Medical Criminal Law (MCL) regarding medical action has not been comprehensively regulated in the legal subsystem in the health sector. The complexity of the problems that arise in society is always growing which is followed by rapid advances in medical science and technology so that MCL is needed for legal certainty for medical personnel and legal protection for the community. Literature study in normative analytical research with a conceptual approach offers the idea of moral transplantation in the construction of MCL can be built under the values that live and develop in society (living law) based on the principle of material legalit
Protection on Free-to-Air Content in Indonesia
Get PDFThis research is about protection on free-to-air content in Indonesia. The existence of the protection has been debatable. Utilizing of free-to-air content by subscription-based broadcasting institution without consent of the owner is ubiquitous in Indonesia. The owner of the content filed lawsuit to the court and reported them to police institution. Government institutions do not have unanimous view on the protection. This research explores how it is protected through Law Number 28 of 2014 on Copyright and Law Number 32 of 2002 on Broadcasting as well as how it is implemented Indonesia. For further explanation, this research also reviews Constitutional Court Decision Number 78/PUU-XVII/2019. The Constitutional Court give their insight in the reasoning of decision. As a result, both regulations do not give clear protection of free-to-air content and Constitutional Court decision make the protection clear through the decision
Pola Pengelolaan Kekayaan Nagari Dan Pemberdayaan Masyarakat Dalam Peningkatan Kesejahteraan
Get PDFOne 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 natio
Perluasan Kompetensi Absolut Peradilan Tata Usaha Negara Dalam Keadaan Darurat Bencana Non Alam di Indonesia
Get PDFThe 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 disaster
Urgency of Electronic Wallet Regulation in Indonesia
Get PDFThe 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
Kepastian Hukum Dalam Kekayaan Intelektual: Perlindungan Desain Industri Melalui Unsur Kebaruan di Indonesia
Get PDFProtection of industrial designs is very important and becomes a priority for national economic development so that Indonesia's strategies and policies in ensuring and providing protection for industrial designs can run effectively, it will be in line with the increasing ability and competitiveness of industrial design creators in national and international free markets. This is in line with the considerations in the Industrial Design Law, which states that in order to advance an industry that is able to compete in the scope of national and international trade, it is necessary to create a climate that encourages innovation. The absence of a clear definition related to novelty in industrial design creates ambiguity and uncertainty for people to innovate, in this paper the approaches used are the statutory approach, the case approach, and the comparative approach. Then legal certainty refers to the application of a clear, permanent, consistent and consequent law whose implementation cannot be influenced by subjective conditions, therefore in order to achieve legal certainty in ensuring that industrial design registration is carried out objectively, the element of novelty is the first registration system. must be supplemented by other elements such as the individual character of the European industrial design protection system
Perlindungan Hukum Bagi Debitor Terhadap Pelaksanaan Rencana Perdamaian Penundaan Kewajiban Pembayaran Utang Akibat Pandemi Covid-19
Get PDFThe Covid-19 pandemic has had a negative impact on business in various sectors and is one of the factors that causes the high number of filings for Bankruptcy cases in the Commercial Court. To prevent this, Law Number 37 of 2004 on Bankruptcy & Suspension of Debt Payment Obligation provides an opportunity for debtors to apply for suspension of debt payment as an opportunity to pay off their debts. However, in the process of determining the status of the application for suspension of debt payment obligations until the settlement plan for the suspension of debt payment obligations has been homologated, Law Number 37 of 2004 on Bankruptcy & Suspension of Debt Payment Obligation still provides room for creditors with bad faith to cause disadvantages towards the debtor. Therefore, in this paper, the author examines how the legal protection for debtors on the implementation of the suspension of debt payment's peace agreement that is affected by Covid-19. The results show that there is still inadequate legal protection for debtors against suspension of debt payment's peace agreement affected by Covid-19 due to the lack of provisions that can protect debtors in the bankruptcy law and suspension of debt payment obligation
Gugatan Keperdataan Oleh Jaksa Pengacara Negara Sebagai Upaya Pengembalian Kerugian Keuangan Negara Karena Korupsi
Get PDFStollen 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