Nagari Law Review
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The Oversight Function of the Nigerian National Assembly: A Legal and Research Analysis
Full text linkAround the world, legislatures are viewed as symbols of democratic authority, and are essentially defined by the extent or degree to which they efficiently and effectively perform their core functions of representation, law-making and oversight. The oversight function has been variously described as a critical component of good governance, an instrument of nation building, and the cornerstone of democracy. It is largely regarded as the central instrument through which the legislature holds the executive branch of government to account. In settings where the function is performed efficiently and effectively, it ensures greater executive compliance with the content and intent of laws, promotes transparency, good governance and accountability, and asserts the power, influence and authority of the legislature as a defender of the interests of the citizenry. Where it is poorly performed, the reverse is the case. Over the years, the Nigerian National Assembly has been largely perceived as an ineffective legislature especially as the exercise of its oversight function has been fraught with several challenges that question the integrity of the function and the institution itself. Through a review of statutory provisions and extant literature whilst relying on the doctrinal research methodology, the paper examines research-based perspectives on the performance of the oversight function by the National Assembly, with a view to unveiling current research on the exercise of the function, and ascertaining the state of the function in the governance framework of the country. The paper concludes by making recommendations for reform of the function based on findings made
Penerapan Sanksi Pidana Terhadap Korporasi Dalam Berbagai Putusan Pengadilan
Full text linkThe existence of corporations as legal subjects that can be held criminally accountable has long been regulated in various laws outside the Criminal Code (KUHP), especially in administrative penal law. The issuance of Supreme Court Regulation (PERMA) No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, as is known, was motivated by the numerous laws that have positioned corporations as legal subjects of criminal law and that can be held criminally accountable. This writing addresses two issues: the implementation of handling criminal cases with corporations as legal subjects in various court decisions, and the obstacles in executing criminal sanctions against corporations. The method used in this writing is normative juridical research, employing a conceptual approach, a statutory approach, a historical approach, and a case approach. The nature of this research is descriptive, and the data used is secondary data collected through literature and document studies. The data analysis in this writing will be conducted qualitatively. The results and discussion in this writing show that the handling of criminal cases involving corporations has increasingly been addressed by law enforcement officials. This growing number of corporate cases, of course, is inseparable from the issuance by the Supreme Court of regulations on procedures for handling criminal cases involving corporations as legal subjects. The handling of criminal cases with corporations as legal subjects already covers both corporations with legal entity status and those without (non-legal entities). The handling of criminal cases with corporations as defendants that have been decided by courts and have obtained legal force in execution encounters challenges. These obstacles and difficulties reduce the effectiveness of criminal law enforcement. Court decisions in adjudicating criminal cases with corporations as perpetrators (defendants) should not only apply the law textually but also ensure that these decisions can be effectively executed
Judicial Pardon: Proyeksi Bunyi Putusan Hakim dalam Perkara Pidana Pasca Undang – Undang Nomor 1 Tahun 2023 Berlaku
Full text linkIf the judge determines that the defendant is guilty and has convincingly committed the act in question, but the act does not necessitate punishment based on specific considerations, Article 54, paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code authorizes the judge to grant forgiveness by passing a decision without imposing a penalty. Judge forgiveness, also known as judicial pardon or “rechterlijk pardon”, is one of the sentencing guidelines for judges in deciding criminal cases. Nevertheless, Article 54 paragraph (2) reveals that the factors to be considered by judges in exercising their discretion to grant forgiveness are primarily subjective, with no clear and objective indicators. Furthermore, there are no established guidelines for describing the results of a judge's decision to forgive and structuring the decision. This could lead to a lack of uniformity in judicial pardon decisions when the New Criminal Code comes into force. So, this article attempts to project the sound of the judicial pardon decision using normative legal research. This research indicates that several sentences of the judicial pardon decision can be applied by adopting various criminal choices
Formation of A Special Court for The Medical Profession Inrealizing the Aspirations of the Indonesian Doctors Association as Efforts to Develop National Health Law in Indonesia
Full text linkThe object of this writing is based on the present, very often occurs among doctors, and or health workers proven to have made a mistake, and or medical negligence. Medical errors and or negligence can result in disability, and death of a patient. Disability and death of a patient cause thinking among doctors and/or health workers, it is considered that they have committed an alleged crime that endangers the safety of the body and life of a patient, so that doctors and/or health workers feel that they have been criminalized by certain parties. This criminalization is of course very confusing, considering that in fact in This criminal law perspective certainly cannot be said to be criminalization, in fact it can be said to be a form of criminal responsibility
Imunitas Negara dalam Kontrak Internasional: Analisis Jure Gestionis dalam Sengketa Kementerian Pertahanan RI vs. Navayo Internasional
No full textThe increasing involvement of states in cross-border commercial activities has raised complex legal questions regarding the limits of sovereign immunity, especially when states engage in contractual relations with private entities. This article aims to analyse whether the contractual engagement of the Indonesian Ministry of Defense with Navayo International AG can be classified as a jure gestionis act, and how such classification affects the applicability of state immunity in international arbitration. Using a normative juridical method, this research applies a statute approach to examine national and international legal instruments, a conceptual approach to explore the doctrines of jure imperii and jure gestionis, and a case study approach focusing on the Navayo dispute alongside comparative jurisprudence. Primary legal materials such as conventions and arbitral awards, supported by secondary literature, are systematically analysed to clarify the boundary between sovereign and commercial acts. The study finds that the Ministry of Defense acted in a commercial capacity, thereby falling within the scope of jure gestionis, which excludes immunity from international arbitral jurisdiction. The conclusion emphasizes that Indonesia’s lack of specific legislation on state immunity creates legal uncertainty in the enforcement of arbitral awards. This article contributes to the discourse on the need for Indonesia to adopt restrictive immunity through comprehensive legislation to enhance legal certainty and strengthen its position in international business disputes
Legal Protection for Persons with Disabilities: International Law and Implementation in Padang
Full text linkThis research explores the protection of the rights of persons with disabilities in Padang City, West Sumatra, Indonesia, in light of the legal framework and local government initiatives aimed at promoting inclusivity and empowerment. Despite national and international legal commitments, such as Indonesia’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the enactment of Law No. 8 of 2016 on Persons with Disabilities, the protection of persons with disabilities remains inadequate in practice. This study examines the efforts of the Padang City Government, which has been proactive in implementing various measures to address the needs of persons with disabilities, including the designation of Disability-Friendly Zones and the provision of accessibility infrastructure. However, challenges persist, particularly regarding social protection and economic inclusion. Using a qualitative social science approach, the research analyzes the legal protection model for persons with disabilities in Padang City, focusing on the implementation of Regional Regulation No. 3 of 2015. The findings highlight the importance of integrated social protection systems, gradual implementation of accessibility measures, and the need for a collaborative approach involving local governments, the private sector, and communities to fully realize the rights and welfare of persons with disabilities. This study suggests a legal protection model that combines social protection, capacity building, and enhanced accessibility to improve the dignity and independence of persons with disabilities in Padang City
Penetapan Restitusi oleh LPSK dan Hakim Terhadap Korban Tindak Pidana Pornografi Berdasarkan Teori Keadilan
No full textRestitution is compensation given to victims or their families by perpetrators or third parties, covering both material losses and immaterial losses. This study explores how restitution serves justice for victims of pornography-related crimes and examines the influence of LPSK’s restitution valuation on judicial decisions at the Painan District Court. Using an empirical juridical method and interviews with judges and LPSK officers, the study found discrepancies between LPSK’s and the judge’s restitution assessments. While LPSK focused on the five reported suspects, the judge considered the possibility of other untried perpetrators, viewing full restitution from the five alone as unfair. Nevertheless, the judge still used LPSK’s decision as a reference. The study recommends that judges prioritize victim justice and consider shared liability mechanisms to ensure fair restitution without limiting victims’ rights to full recovery
Prioritas Pengentasan Kemiskinan Dalam Perspektif Pembangunan Daerah
Full text linkPoverty has the meaning of a condition or situation where a person cannot afford to maintain himself in social life and the inability to utilize his mental or physical energy in society. The purpose of this study is to examine and analyze efforts that can be made by regional heads in overcoming and minimizing poverty in West Sumatra. The research method used is qualitative normative juridical. The results of this study are that the priority of poverty alleviation in the perspective of regional development should prioritize the benefits of regional development carried out by prioritizing the poor in the implementation of development in each region where there are still poor people. The suggestion from this study is that the government is expected in its duties and responsibilities as the executor of the function of the government system to prioritize regional development based on systems or programs that have standard provisions for welfare values in the form of regulations in following up and eliminating poverty gradually so that the provisions in Pancasila and the 1945 Constitution can be created properly
Efektivitas Penegakan Hukum Penyelesaian Sengketa Konsumen Di Sumatera Barat
Full text linkLaw enforcement in resolving consumer disputes is a repressive legal protection. This repressive protection aims to restore consumer rights or resolve disputes when there is a violation of consumer rights or disputes between consumers and business actors. Law enforcement in resolving consumer disputes in West Sumatra has not achieved the desired effectiveness, even though there is Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK) which regulates the resolution of consumer disputes. This is because there are still many consumer losses that cannot be recovered or consumer rights are not fulfilled because the resolution of their disputes has not been fully in accordance with what is expected in the law. The formulation of the problem in this paper is how effective is the resolution of consumer disputes in West Sumatra? The method used in this study is empirical juridical, using primary data and supported by secondary data. The approach used is a non-doctrinal approach. The nature of the research is descriptive. The data collection uses field studies, namely by interviewing respondents and informants which are strengthened by document studies. Data processing is by editing and analysis using qualitative juridical analysis. The conclusion of this study is that consumer dispute resolution in West Sumatra is not yet effective, where consumers have not received justice
Penerapan Prinsip Partisipasi Publik Dalam Pembentukan Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana
No full textIn the formation of laws, one of the important things is public participation. Public participation is regulated by Article 96 of Law No. 13 of 2022 on the Second Amendment of Law No. 12 of 2011 on the making of laws. The issues in this study are: 1) How was the standard of meaningful participation implemented by the government in the enactment of Law No. 1 of 2023 on the Criminal Code? 2) Was the principle of meaningful participation met in the enactment of Law No. 1 Year 2023 on the Penal Code? The type of research is Normative research. The conclusions of this research are: 1. The norm of fulfillment of participation in the preparation of the Penal Code from 1961 to the present has been conducted on the basis of INPRES Number 15 of 1970, KEPRES 188 of 1998 and Law Number 13 of 2022 concerning the second amendment of Law Number 12 of 2011. 2. The application of the principle of meaningful participation in the drafting of the Criminal Code has been carried out through public hearings, public dialogue, socialization and discussion forums, and public contributions have been made, including the deletion of 6 articles, reformulation or amendment of 57 articles, addition of 2 new articles and addition of content to 1 article, and repositioning of 4 articles