Nagari Law Review
Not a member yet
220 research outputs found
Sort by
Strategi Merger Dalam Meningkakan Stabilitas Ekonomi Di Masa Pandemi Covid-19
Get PDFThe government issued several regulations to stimulate the economy that have worsened due to the Covid-19 pandemic. The issuance of Regulation of the Financial Services Authority No. 18/2020 on Written Directives for the Handling of Distressed Banks, so Financial Services Authority has authority to give written directives to financial services institution to do merger, consolidation, acquisition, integration, and conversion. This research aims to analyze the legal implications of the issuance of Regulation of the Financial Services Authority No. 18/2020 on Written Orders for Handling of Distressed Banks, which resulted in monopolistic practices and unfair competition. It is contrary to Law No. 5/1999. This research endeavors to answer the following questions: how the merger strategy to increase economic stability during the Covid-19 Pandemic and the obstacles faced implementing the merger to increase economic stability during the Covid-19 Pandemic, and the efforts that can be made to overcome it. The research method used is juridical normative. The study concludes that the relevant merger strategy approaches to be applied by banks during the pandemic are Horizontal Mergers and Market Extension Merger. The second approach to the merger strategy can be a consideration for banks to implement Regulation of the Financial Services Authority No. 18/2020. The obstacles faced to implement the merger are the Bank's unreadiness in responding to Regulation of the Financial Services Authority No. 18/2020 because the complicated merger process does consider the tangible assets of the banking system and aspects intangible assets. Then, the overlap of several Regulations with the issuance of Regulation of the Financial Services Authority No 18/2020 (the overlap Regulation of the Financial Services Authority No 18/2020 on Written Orders for Handling of Distressed Banks with Law No. 5/1999 on Prohibition of Monopolistic Practices and Unfair Business Competition and Government Regulation No. 57/2010 on Merger or Consolidation of Business Entities and Acquisition of Shares which May Result in monopolistic Practices and Unfair Business Competition). It can have an impact on monopolistic practices and unfair business competition
Regulatory Arrangement in the Walfare Sector using the Omnibus Law Method
Get PDFPancasila and the 1945 Constitution describe Indonesia as a welfare state. In order to cause this happen, many regulations have been formed, which to this date have not been able to bring comfort and splendor in implementing the welfare of the Indonesian people. The number of regulations has actually brought Indonesia to the brink of regulatory obesity and resulted in ineffective regulations in the welfare sector. This study aims to provide an overview of solutions to various welfare problems in Indonesia through regulatory arrangement using the omnibus law method. It represents a normative study using a legal approach and conceptual approach. The results indicate that the application of the omnibus law method can be an innovative alternative without violating the Indonesian legal system. It is because the application of the omnibus law method begins with a legal transplant, which comprises several provisions: The omnibus law approach pattern is limited per sector/theme; (2) simplification of law using the omnibus law method is carried out by measuring the relevance of a regulation with basic criteria; (3) the formation of regulations using the omnibus law method using comprehensive, multidisciplinary and multi-sector approach; (4) the application of the omnibus law method as a whole must be oriented to Pancasila, the 1945 Constitution and Law Number 12 of 2011. Regulatory arrangement with the omnibus law method can not only provide effectiveness but also overcome regulatory obesity for more satisfactory legal system and administration of welfare
Pemberantasan Tindak Pidana Narkoba Berbasis Nagari Sebagai Upaya Non-Penal di Sumatera Barat
Get PDFThe illegal circulation and drug abuse crime are one of the crimes that endangers to the life of the nation and state. The National Narcotics Agency (BNN) report an increase in drug abuse victims and its prevalence. This condition requires an effort to overcome both through the penal and non-penal policy. West Sumatera with its Minangkabau Adat (customary) Society has its own Adat Law as traditional values specifically in the form of the nagari government system and the nagari customs. This paper discusses how the values of adat law can be functioned as a non-penal policy in fighting drug abuse crime. The study applied empirical legal research with several villages as samples. The result of the study reveals that the role of the nagari in combating drugs abuse just supports the programs carried out by other government agencies. Nagari does not have a special program in the prevention and eradication of drugs. Only some Nagaris that have their own rules in the form of nagari regulations that specifically regulate the prevention and eradicating drug abuse. Nagari as a government institution has the authority and mission to carry out governance based on customary law in addition national law. Minangkabau customary law contains with philosophical values that can play a role and be utilized as a basis for making nagari regulations and a basis for implementing governance, especially in efforts to eradicate drug crime. These various values willn strongly support efforts to prevent and overcome the problem of drug abuse such as, strengthening religious values, strengthening the values of togetherness and solidarity between and among each other and strengthening leadership value
Implementasi Perjanjian Mutual Legal Assistance Dalam Rangka Pengembalian Hasil Kejahatan di Luar Negeri
Get PDFThe development of science, technology and information, does not always have a positive impact, on the other hand these developments have a negative impact, such as the development of criminal acts from the conventional nature to organized and transnational crime (organized and transnational crimes). Preventing and eradicating organized and transnational criminal acts is not carried out in conventional ways, such as catching the perpetrators of criminal acts (follow the suspect), this method is not effective to do because to prove the existence of criminal acts against organized and transnational criminal acts is very difficult. Efforts to return the stolen asset recovery (stolen asset recovery) through corrupt acts tend not to be easy. The perpetrators of corruption have extraordinarily broad and difficult to reach access to conceal or carry out money laundering resulting from corrupt acts by utilizing derivative transactions through effective international transfers. The problem becomes even more difficult because the safe haven for the proceeds of crime goes beyond national borders. Therefore, through the concept of stolen asset recovery which is integrated with mutual legal assistance, it is able to become a solution to restore state assets abroad. This research is descriptive in nature with normative juridical research type. The type of approach used is the statutory approach and conceptual approach
Mengkaji Ulang Gagasan Pengadilan Khusus Pemilihan Umum di Indonesia
Get PDFGeneral elections are a means of democracy to elect leaders who will carry out the wheels of government for a certain period of time, through legitimate power transfer procedures by involving public participation. Elections are the crystallization of popular sovereignty in procedural mechanisms. But often in the implementation of procedural democracy this is followed by fraudulent actions that tarnish the true nature of democracy (substantial democracy). Therefore, we need a law enforcement agency for every action that can damage the essential meaning of democracy and elections in Indonesia. The idea of a special court emerged as an alternative to electoral dispute resolution in the study of Indonesian constitutional law, however this idea needs to be discussed in more depth from various aspects to see its relevance to the Indonesian constitutional system, given that long before there was the idea of a special election court, Indonesia already had a number of institutions that given a mandate and authority to resolve disputes related to elections. This paper uses normative juridical methods in its study and is supported by secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is qualitative analysis. The results of the study revealed that the idea of establishing an electoral special court was the idea of state administration which emerged amidst the struggle to substantially improve the quality of democracy. However, in its formation, it does not only require clear legal politics, but also requires a holistic study of the mechanism and flow of resolution and models of electoral dispute resolution. The parameter that needs to be used in examining the idea of a special electoral court is to measure the extent and importance of elections for Indonesian democracy. because the more important the meaning of the election is the presence of special election court more worthy of consideratio
Penerapan Pengaturan Trading In Influence Dalam Pembaruan Undang-Undang Tindak Pidana Korupsi
Get PDFSince the reforms, cases of corruption and abuse of power still occur frequently. Corruption is categorized as an extraordinary crime. This is the background for the birth of UNCAC. As a country that has ratified UNCAC, Indonesia has not yet adopted the trading in influence arrangement in its positive law. In fact, if examined, there are several cases that clearly have an influence trading dimension but are often equated with bribery. Therefore, the writer in this study discusses the difference between bribery and trading in influence in eradicating criminal acts of corruption, as well as the urgency of applying the rule of trading in influence in reforming the criminal acts of corruption in Indonesia. This paper uses normative juridical methods in its study and is supported by secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is qualitative analysis. The results of the study revealed that the trading in influence often has a similarity to bribery. However, there are fundamental differences between trading in influence with bribery, including: differences in the form of good deeds of trilateral relationship / bilateral relationship, legal subjects, forms of actions relating to authority or forms of acceptance of the two acts. The adoption of the provisions of trading in influence into Indonesia's positive law becomes an important urgency, although Indonesia has set its own provisions in the Draft Criminal Code, but these provisions still have weaknesses and do not accommodate all the provisions contained in UNCAC. Efforts to apply trading in influence can be made with the renewal of the Corruption Eradication Act
Pertanggungjawaban Korporasi Terhadap Kandungan Non-Halal Pada Produk Makanan Sebagai Upaya Perlindungan Konsumen
Get PDFThe development of the corporate function as a means of organizing socially oriented societies towards profit-seeking activities not least triggers negative impacts. One of the negative impacts is the emergence of criminal acts committed by corporations. In order to get as much profit as possible, corporations take actions that can cause losses to consumers, one of which is by mixing non-halal content into products labeled as halal. The purpose of this article are, First, to provide an overview of corporate legal policy as a criminal law subject and Second, to be able to know the corporate responsibility for non-halal content in halal-certified food products as an effort to protect consumers. The results of this study are policies regarding corporations as subjects of criminal law in which their actions can be prosecuted and held criminal liability are contained in special legislation outside the criminal code. Corporate liability regarding non-halal content in halal-certified food products follows a direct accountability system. This means that criminal liability for violations of the halal label can be addressed either to individuals or corporations where corporate responsibility is imposed on its management as stipulated in Article 61 of The Consumer Protection Law
Pengawasan Dewan Perwakilan Rakyat Papua Terhadap Keputusan Gubernur Provinsi Papua Tentang Upah Minimum Propinsi 2018
Get PDFThis research is normative legal research. The approach used in this study uses a statutory approach and a conceptual approach. This research was carried out in the Province of Papua by taking locations in the offices of the People's Representative Council (DPR) of the Province of Papua and the Government Office of the Province of Papua. The results showed that the response of aspirations or complaints from the public was conveyed to members of the Papua Parliament in many forms. Both aspirations are conveyed verbally (dialogue) the delivery of aspirations in public by voicing their demands and the aspirations delivered in written form (official). Aspirations in writing should be addressed to the Chairperson of the Papuan Parliament through the Council Secretary in writing. Supervision that has been carried out by the Papua Province Parliament for the 2014-2019 period is the absorption of aspirations that does not represent all workers /laborers in Papua Province. There are members of the Papua Parliament who are less able to make optimal use of the work meeting supervision activities. The average of the attendance of Papuan DPR members at parliament hearings only 40 at the most of the 69 Papuan DPR members present. Likewise, working visit activities that rarely all members of the commission are present at work visits or there must be some who are absent. The lack of active members of the Papua Parliament in the form of supervision that has been carried out will certainly affect the supervisory performance of the Papua Parliament. The steps of the Provincial Government of Papua to hold discussions with worker/labor representatives to find the best solution is the best way is to revise the amount of the 2018 Provincial Minimum Wage (UMP) to Rp. 3,000,000. However, this value still doesn’t meet the formulation, that is 9.93% of 8.71% decided by decree of Labor Ministe
Menakar Perlindungan HAM Dalam Revisi UU Minerba Melalui UN Guiding Principles on Business and Human Rights
Get PDFThe ratification of Law Number 3 of 2020 (Revision of the Mining Law) on June 10, 2020 by President Joko Widodo raised a polemic so that several parties have filed a judicial review of the law. This phenomenon indicates that there are interests those are not accommodated in the Revision. The natural resource business as the sector with the greatest risk of human rights violations is in the spotlight whether the Revision are much better to guarantee human rights protection or not. The UN Guiding Principles on Business and Human Rights (UNGPs) is a recommendation that can be used as a parameter how human rights are protected on the Revision. This research is normative legal research using qualitative descriptive methods by combining statutory approaches and conceptual approaches. The results show that the absence of mandatory regulations and guidelines for human rights protection in domestic business activities is a factor in the low level of human rights protection in the Revision. Human Rights Protections by the State and Human Rights Respects by companies have not been comprehensively regulated, access to recovery for human rights impacts is still not maximal and needs to be developed as recommended in the UNGPs
Pemanfaatan Kebijakan Corporate Social Responsibility Sebagai Upaya Peningkatan Inclusive Business Perbankan Di Indonesia
No full textThe new paradigm in the banking business is a change in corporate goals from profit-oriented to stakeholder-oriented. Efforts to synergize the matter can bank do Corporate Social Responsibility or CSR. The implementation of CSR by banks is intended to develop the economy in increasing the quality of people's lives and the environment that involves community participation because the community is the party that feels the most impact obtained from the implementation of CSR. The research method used in this study is a normative legal research method with a statutory approach and conceptual approach. This study shows that the legality of implementing CSR for banks is contained in Law Number 25 of 2007 concerning Investment, Law Number 21 of 2008 concerning Sharia Banking and other regulations relating to CSR. The implementation of CSR by banks can benefit the banks themselves. For example, being able to create a "brand image" in the midst of a competitive market so that it will be able to create customer loyalty and build or maintain a business reputation, which in turn will increase the bank's Inclusive Business (IB)