Nagari Law Review
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Dialektika Konstitusionalisme dan Nilai Islam: Analisis Sistem Pengisian Jabatan Executif Di Indonesia
Full text linkThis articel examines the dialectical relationship between constitutionalism and Islamic values in the context of executive office appointment systems in Indonesia. Using normative juridical research methodology, this study analyzes how constitutional principles and Islamic values interact in shaping the mechanism of executive office appointments, particularly at national and regional levels. The findings indicate a harmonization between modern constitutional values and Islamic leadership principles, such as the concepts of shura, amanah, and justice. In-depth analysis reveals that Indonesia's executive office appointment system has adopted democratic elements that align with Islamic values, although not explicitly citing their religious sources. This research also identifies challenges in integrating these two value systems, especially in the context of legal pluralism and diversity of interpretations. In conclusion, a more comprehensive approach is needed to harmonize constitutional and Islamic values to strengthen the executive office appointment system in Indonesia
Sinergi atau Konflik: Pasal 2 KUHP 2023 dalam Penegakan Hukum di Indonesia
Full text linkAdat law is original Indonesian law, which lives and develops in society; the law is a social institution, therefore in its implementation, the law not only looks at legal rules but also looks at the effectiveness of these rules in the social field in society, in National criminal law reform has provided a breath of fresh air in the implementation of customary law in enforcing criminal law as contained in the provisions of Article 2 of the 2023 Criminal Code. The customary law that applies in Indonesia has differences between one region and another. This research is of a nature statute approach in which the research will examine the extent to which customary law can be used in national law as per the provisions in the 2023 Criminal Code. The provisions of Article 2 of the new Criminal Code have their pluses and minuses regarding the application of customary law in national law. The position of customary crimes in the 2023 Criminal Code as additional criminal penalties will place customary sanctions no longer as imperative but as facultative
Kekaburan Pengaturan Pasal 201 Ayat (5) Undang-Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati, Dan Walikota Terhadap Akhir Masa Jabatan Kepala Daerah
Full text linkThe postponement of the regional elections in 2022 and 2023 has resulted in a fairly long transition period, and most autonomous regions will experience vacancies in regional head positions for a relatively long period of time, namely 2 to 3 years until the 2024 simultaneous regional elections are held. One form of implementation of the concept of democracy is holding regional head elections (Pilkada) simultaneously nationally. There has been legal ambiguity in Article 201 paragraph (5) of Law Number 10 of 2016 concerning the Election of Governors, Mayors and Regents whose term of office of regional heads ends in 2023. This research is legal research (doctrinal research). The results of this research explainThe appointment of Acting Regional Heads is not carried out randomlyelectical pointed which must be participated in by election by the community but is only appointed to fill vacancies in regional government so that regional government activities can run quickly. Second, Legal Ambiguity Article 201 paragraph (5) of Law Number 10 of 2016 results in legal uncertainty and legal guarantees for applicants who serve as regional heads and will harm their political positions and even programs that have been promised will not be fully implemented
Analisis Yuridis Terhadap Pencemaran dan Perusakan Lingkungan oleh PT Freeport Indonesia Berdasarkan Ketentuan Hukum Lingkungan Internasional dan Implementasinya di Indonesia
No full textPT Freeport Indonesia is a mining company based in Indonesia and has been operating in the country for decades. However, since operating in the Papua region, PT Freeport Indonesia has not managed the environment properly. The mining activities are carried out below environmental standards, even very unfeasible so that they cause damage to the local ecology. Its waste that contains B3 (Hazardous and Toxic Substances) has entered areas that function as a source of livelihood for the local community. Therefore, in this scientific article, it analyzes whether the environmental damage carried out by PT Freeport has violated the provisions of international and national environmental laws and analyzes whether the case of pollution and environmental damage by PT Freeport Indonesia can be sued by way of Class Action. The purpose of this writing is to find out and analyze the provisions of international environmental law and their implementation in Indonesia that can be used as a legal basis to sue PT Freeport Indonesia for environmental damage caused by its activities and to find out and analyze whether the case of environmental pollution by PT Freeport Indonesia can be sued by way of Class Action. And from the results of the study, it is known that there are several national international provisions that can be used as a legal basis to sue PT Freeport Indonesia for its environmental pollution activities, namely the Marine Pollution Convention (MARPOL) 1973/1978, the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the 1989 Basel Convention, and the United Nations Framework Convention on Climate Change (UNFCCC) 1992. Nationally, it is regulated by Law Number 32 of 2009 concerning Environmental Protection and Management, as well as Law Number 4 of 2009 concerning Mineral and Coal Mining. Regarding the use of the Class Action system in the lawsuit, it should be used against environmental pollution cases by PT Freeport Indonesia because the impact of the losses caused has involved all tribes and communities around the mining and also to save lawsuit costs
Pengaruh Besar Pemberdayaan Lembaga Adat Oleh Badan Narkotika Provinsi Sumatera Barat Sebagai Pencegahan Penggunaan Narkotika Terhadap Pengulangan (Residivis)
Full text linkThis research aims to determine the big influence of empowering traditional institutions by the Narcotics Agency of West Sumatra Province as an effort to prevent narcotics use against recidivism. The Narcotics Law mandates that the eradication of narcotics crimes be carried out through the involvement and participation of the community in various activities to prevent or control narcotics crimes, especially in cases of repetition of criminal acts or recidivism. This research is normative juridical supported by empirical juridical and descriptive analysis. The data used is primary, secondary and tertiary legal materials. The results of the study show that the empowerment of traditional institutions by the West Sumatra Province Narcotics Agency has a major influence in preventing repetition of narcotics crimes or recidivism. Through an approach based on local wisdom, social rehabilitation, character development and community support, traditional institutions can play an effective role in helping criminals not fall back into criminal behavior. The involvement of traditional institutions in the rehabilitation process strengthens social ties and ensures that offenders receive the support they need to live a better life and stay away from narcotics. Although empowering traditional institutions has great potential in preventing narcotics and the repetition of criminal acts, there are several obstacles that must be overcome to achieve success. Obstacles such as lack of understanding, limited resources, social stigma, and resistance to change need to be overcome with a careful approach and involving all relevant parties. Empowerment programs for traditional institutions must be adapted to the local cultural context and supported by good coordination between the government, traditional institutions and the community to create an environment free from drug abuse
Penerapan Diskresi Penuntutan Berdasarkan Keadilan Restoratif Terhadap Tindak Pidana Bernilai Kerugian Ekonomis Rendah
No full textThis research explains the comparison of prosecutorial discretionary in Indonesia with other countries, indicators of determining low economic loss crimes based on laws and regulations and the application of prosecutorial discretionary to low economic loss crimes in cases in the jurisdiction of the West Sumatra High Prosecutor's Office. This research uses a normative legal research method with a statutory approach, a case approach and a comparative approach based on secondary data through literature studies. The results of this research indicate that prosecutorial discretionary in Indonesia and other countries is basically the authority of the public prosecutor in carrying out their duties in the field of prosecution to prosecute or not to prosecute a case, but each country has certain criteria in applying prosecutorial discretionary to a crime. In the provisions of laws and regulations, there are no clear indicators regarding low economic loss crimes because there is no classification of criminal acts based on economic losses, so that each law enforcement officer has its own discretion in determining indicators of low economic loss crimes. The indicator of low economic loss crimes is currently still influenced by the indicator of criminal fines. Prosecutorial discretionary for low economic loss crimes can be resolved by using a restorative justice approach that can accommodate the economic loss value of a crime. In this research, the author suggests that indicators be regulated clearly and firmly to determine the minimum and maximum limits of the nominal value of low economic loss crimes for law enforcement officers for the sake of legal certainty in law enforcement
Implikasi Hukum Pengalihan Hak Atas Tanah Tanpa Keterlibatan Pejabat Pembuat Akta Tanah
No full textThe transfer of land rights in Indonesia is legally required to be carried out before a Land Deed Official (Land Deed Official or PPAT) in order to obtain legal force and be registered with the Land Office. However, in practice, many land sale and purchase transactions are conducted without the involvement of a PPAT, often relying only on private deeds. This study aims to analyze: The legal implications arising from land transfers without PPAT involvement, and The dispute resolution mechanisms available for such cases. The research employs a normative juridical method with statutory, case, and conceptual approaches, supported by literature review and previous studies. The findings reveal that land sale and purchase agreements made. The implications include risks of double transactions, weak legal protection for bona fide buyers, and potential economic losses. Dispute resolution may be pursued through non-litigation mechanisms (mediation, facilitation by the National Land Agency) or litigation (general courts and administrative courts). This study emphasizes that the involvement of PPAT is not merely an administrative formality but a crucial instrument to ensure legal certainty and protection in land transactions in Indonesia
Asuransi bagi Akun Game Online untuk Risiko Peretasan
Full text linkOnline games are a type of entertainment that is the result of technological developments that occur in this era of globalization. Indonesia is a country with a very large number of active internet users. Most of the active internet users in Indonesia are online game players. Online games are categorized as a digital asset because players can collect various virtual items. Also, the high level and how high the rank that has been achieved in a game account has its own economic value in the eyes of the players. That makes an online game account has its own economic value and is an asset that must be maintained. An online game account owner is also not immune to the risk of losing their account. One of the unavoidable risks is losing an online game account due to hacker attacks. Hackers can hack into a person's online gaming account and take ownership of it. The risk of hacking is a threat that is not expected to happen. By holding online game account insurance from the threat of hacking, it can divert the risk of online game account owners who are exposed to hacker attacks
Peran Hakim dalam Penemuan Hukum Pidana Progresif: Perspektif Sociological Jurisprudence
Full text linkJudges' legal findings play a role in filling legal gaps and realizing justice that is adaptive to social dynamics. Sociological jurisprudence emphasizes that law must consider the values that live in society. This study examines the concept and implementation of this approach in progressive criminal law in Indonesia. Using the juridical-normative method through literature study, it was found that judges can interpret the law to achieve substantive justice. Applying this approach makes decisions more responsive to social reality, as reflected in various progressive decisions that accommodate living law. However, its implementation faces challenges related to the principle of legality and the prohibition on analogy in criminal law. Therefore, a balance is needed between legal certainty and flexibility in legal findings to make the justice system fairer
Legalitas Pengganti Tanda Tangan Dan Sidik Jari Dalam Pembuatan Akta Notaris Bagi Penghadap Penyandang Disabilitas Fisik
No full textThis study discusses the issue related to the notary's obligation to affix the signature and fingerprint of the appearer on the deed minutes as regulated in Article 16 paragraph (1) letter c of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 on Notary Positions. The problem arises when the appearer is a person with physical disabilities who is unable to affix their signature or fingerprint. The purpose of this study is to analyze the regulation regarding the use of signatures and fingerprints on notarial deeds, the legal consequences if the deed minutes are not signed or do not contain the appearer's fingerprint, and alternative substitutes for signatures and fingerprints for persons with disabilities. This research uses a normative juridical method with a descriptive analytical approach and secondary data obtained through library research. The results show that the use of signatures and fingerprints on notarial deeds serves as a form of legal protection and prudence, functioning as additional evidence for the notary and the parties involved. Legally, the absence of a signature or fingerprint on the deed minutes does not invalidate the authenticity and legality of the deed, as long as the appearer's statement is acknowledged by the notary. For persons with physical disabilities, substitutes for signatures and fingerprints can include surrogates, footprints, or lip prints, which are legally accepted as means of individual identification. Thus, the notary can still fulfill administrative obligations without diminishing the authentic value of the deed