Nagari Law Review
Not a member yet
220 research outputs found
Sort by
Menakar Makna Merugikan Perekonomian Negara Dalam Undang-Undang Tipikor
Get PDFOne 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 exis
Legal Protection On Consumers Of Fintech Peer To Peer Lending Due To Covid-19 Pandemic
Get PDFIn March 2020, the WHO stated Covid-19 is pandemic disease. The Indonesian government has taken actions to prevent the spreading of Covid-19 by limiting people’s activities. Covid 19 has resulted in people who loans at lending institutions, having difficulty paying installments. The government issues policies in response to the Covid-19 effect, such as economic relaxation. However, the policy did not cover consumers Fintech Peer to Peer (P2P) Lending, this created a legal vacumm. The problem in this research is the urgency of legal protection for Fintech P2P lending consumers during pandemic Covid-19. The purpose of this research is for OJK policy to issue a stimulus to Fintech P2P Lending consumers. This research applied juridicial normative methodology. It uses secondary data, which consists primary legal material, namely the OJK regulations on Covid-19 prevention and related literature, analyzed descriptively analytically. The research shows that consumer fintech P2P lending are affected by Covid-19 pandemic, so they need to get legal protection, in the form of stimulus given to lenders and borrower of fintech P2P lending
Posibilitas Eksistensi Jenis Tindak Pidana Pencucian Uang Stand Alone Money Laundering Di Indonesia
Get PDFRefer to the Constitutional Court Decision’s Number 77/PUU-XII/2014, it can be understood that money laundering offences is a follow up crimes. So that, every prosecution and proving to money laundering offences are carried out, the property which suspected as an object of money laundering offences must link to crime, even in terms of the predicate offences is not proven first, because of the money launderer is not a materiele dader of predicate offences, as an Article 69 Money Laundering Laws contextualization’s. In the context of money laundering proving as an Article 69 Money Laundering Laws, the linkages between money laundering offences and proceeds of crime and predicate offences, must be described. Because of in stand alone money laundering proving and prosecuting money laundering offences without also necessarily proving and prosecuting the predicate offences was probably, for example, if predicate offences of money laundering was unsufficient evidence or unable to proven, so that the existence of stand alone money laundering in Indonesia in status quo refer to Constitutional Court Decision’s Number 77/PUU-XII/2014 is not possible. However, the existence of stand alone money laundering can be possible here in Indonesia, if in the future (ius constituendum): (a) there is provision in money laundering’s criminal procedure laws which regulated in the laws, that at least recognize of stand alone money laundering’s existence; or (b) The Criminal Proving System which recognized in Indonesia in originally set forth negative wettelijk system, transformed into the conviction intime system or laconviction raisonee syste
An Islamic Law Design In The Realm Of The National Legal Politics
Get PDFThe political dynamics of the national law shows that the existence of the Islamic law has ups and downs following the existing social dynamic and political configuration. It needs serious efforts to dig up and socialize as many as possible noble values contained in the Islamic law. The ways to dig up the values, among others, are to understand philosophical aspects of the Islamic law as mirrored from the kulli (sharia law) serving as the basis of its thought, the goals of the Islamic law (maqashid al-syariat) including their wisdom (hikmah al-tasyri’), and also the concept of human beings according to Islam. The Islamic law as the source of values for rules of laws that will be made, is implemented using how the values of the laws are obtained and then poured down into the national law. The majority of Muslim and Islamic prominent leaders seem to consider that the implementation of the Islamic law may be accommodated without any formal legislation as Islamic law, but by merely integrating principles of the Islamic law into the national law. Such an integration into the national law is probably made especially under the framework of the national law development
Perbandingan Pertanggungjawaban Pidana Direksi Di Indonesia Dan Belanda
No full textDirectors are the most important organ in a company. But in practice, Directors often experience dilemmas in managing the company. On the one hand, Directors are required to make business decisions for the profit of the company. But on the other hand, if the loss causes a loss to the company, then the directors can be blamed and even held liable for criminal responsibility because it is deemed to have complied with the crime of corruption. That thing seems as if it has shown the gray area of law enforcement on directors' business decisions, which could be civil nature, but charged as criminal cases. For this reason, this paper compares the forms of criminal liability of Directors in Indonesia and the Netherlands. This paper uses a normative legal research method by using secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials relating to the comparison of criminal liability of Directors in Indonesia and the Netherlands which are analyzed using a comparative approac
Eksistensi Asosiasi Fintech Dalam Pengawasan Peer To Peer (P2P) Lending
No full textFinancial Services Authority Regulation Number 77 / POJK.01 / 2016 and Number 13 / POJK.02 / 2018 not only regulated the Fintech P2P Lending's operational activities but also became the basis for the creation of the Fintech Association. Based on Article 48 POJK 77/2016 jo. Article 21 POJK 13/2018, OJK appoints a Fintech Association (AFPI) which functions to establish a Code of Ethics and provides several regulations that have not been regulated by OJK. In this connection, problems arise related to order, the role and function of the Fintech Association in monitoring Fintech P2P Lending. It is worth questioning the basis and consideration of the OJK in establishing and making the Fintech Association an institution that joins Fintech P2P Lending. It is also necessary to analyze the extent to which the role or existence of the Fintech Association in realizing a balance between the principles of consumer protection and prudence with innovation and competition
Optimalisasi Corporate Social Responsibility Sebagai Upaya Dalam Mendukung Penerapan Prinsip Berkelanjutan Pada Korporasi
Get PDFThe role of corporations in applying sustainable principles cannot be separated from the commitment of corporations in carrying out social and environmental responsibility or corporate social responsibility (CSR). In practice, corporations must also have clear CSR commitments. However, the implementation of CSR in Indonesia has not been optimally carried out by corporations from a sustainable development perspective. Corporate Social Responsibility is still considered an obligation, it has not become a good character inherent in the corporation. This paper will discuss about the optimization of CSR in Indonesia by analyzing the normative legal measures that can be taken against the CSR legislation seen from the prospects and challenges that Indonesia has. The approach method used in this study is a normative juridical approach with descriptive analytical research specifications and analyzed by qualitative normative methods. The problem in managing CSR in Indonesia is that the concept of CSR is not aligned with sustainable principles. From this, an understanding can be drawn that basically the optimization that is felt to be the most appropriate when viewed from the existing gaps in CSR regulation is the making of pentahelix policies that involve the government, society, non-governmental organizations, academics, and the media
Supervision and Registration of Traditional Medicine Brand in Indonesia
Get PDFTraditional medicine (herbal medicine, standardized herbal medicine, phytopharmaca (clinical-based herbal medicine), imported traditional medicine) is an ingredient or herb ingredients in the form of plant ingredients, animal ingredients, mineral ingredients, galenic preparations, or a mixture of such ingredients that have been used for treatment for generations, and can be applied by the norms prevailing in the society. This study aims to find out and analyze related to the supervision and registration of traditional medicine brands in Indonesia. This research uses a qualitative method with a normative juridical approach. Data collection techniques are carried out through library studies. It can be concluded that the supervision of traditional medicine brands' registration must be carried out to the maximum by the National Agency of Drug and Food Control (NADFC). This avoids the problems that will arise in the event of the obscurity of the surveillance process. Good and proper supervision must be based on the rule of law because Indonesia recognizes the Law's existe
Reformulasi Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 Sebagai Upaya Perlindungan Anak
Get PDFDiscussing that children is very important. The Protection of children in a nation's society is a benchmark for the nation's civilization itself. Therefore, all elements of society and components of the nation must strive so that children do not commit crimes or other disgraceful acts. Diversion efforts are carried out in every legal process by law enforcers, the Police, the Public Prosecutor, and the Court. In practice, diversion has not been tested for its effectiveness for 3 parties. This study examines the concept of diversion in the juvenile criminal justice system in Indonesia and diversion reformulation that reflects the principle of child protection. The method used in this research is descriptive analysis. The purpose of this study was to determine the concept of diversion in the juvenile criminal justice system in Indonesia and to reformulate diversion that reflects the principle of child protection. The results of this study are, the concept of diversion in the juvenile criminal justice system in Indonesia is a concept by diverting a case from a formal process to a non-formal process. The main principle of implementing the concept of diversion, namely persuasive action or a non-penal approach that provides an opportunity for someone (especially child) to correct mistakes and become a good person again. Reformulation of law enforcement against criminal acts committed by children should be carried out, of course by reforming the criminal law by revising regulations and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, especially regarding diversion requirements, in the provisions of article 7 paragraph (2) letter (a) Law no. 11 of 2012 concerning Juvenile Justice System, with Article 9 paragraph (2)
Moralitas Omnibus Law Undang-Undang Cipta Kerja Dalam Rangka Pemenuhan Kebutuhan Hukum Masyarakat
Get PDFFulfilling the legal needs of the community is one of the legal materials regulated in Article 10 paragraph 1 of law number 12 of 2011 concerning the formation of statutory regulations. However, there are unclear parameters or characteristics of community law compliance. This has resulted in the emergence of laws that do not meet the legal needs of the community. For example, The Law Of Cipta Kerja. There are many legal problems in this law, both in the process of formation and in substance. When linked with the principles of morality, several articles in this law violate these principles. One of them is moral principle that serve as an ethical foundation in the formation of law, especially the value of justice for all people