Nagari Law Review
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Problematika Fungsi Kerapatan Adat Nagari (KAN) Dalam Penyelenggaraan Pemerintahan Nagari Sebagai Satuan Pemerintahan Terendah yang Menganut Otonomi Asli
Full text linkThe regulation concerning the functions of the Kerapatan Adat Nagari (KAN) in the Regional Regulation of West Sumatra Province presents several issues. On one hand, this regulation aims to strengthen the role of KAN by expanding its membership composition to ensure broader representation. However, on the other hand, this expansion becomes counterproductive as it leads to uncertainty regarding the number of KAN members. A fixed number of members is crucial for the validity of decision-making processes and the legitimacy of the decisions made. Similarly, the authority granted to KAN to formulate Peraturan Nagari (Perna) also raises concerns. Since Perna serves as a primary instrument in the implementation of Nagari autonomy, granting KAN the authority to establish Perna could be seen as an effort to reinforce KAN as a customary institution. However, it could also be viewed as a restriction of customary jurisdiction, as Peraturan Nagari must inherently take the form of written law. Furthermore, if Peraturan Nagari—except for the Nagari Revenue and Expenditure Budget (APB-Nag)—were to be established in an unwritten form, it would create difficulties in Nagari governance, as written regulations provide greater legal certainty and serve as essential documents for various administrative purposes. Therefore, KAN membership should ideally be limited to ninik mamak (customary elders), and its functions should be restricted to formulating policies within the domain of customary law. Additionally, KAN should be responsible for proposing recommendations for Perna to the Badan Permusyawaratan Nagari (Nagari Consultative Body) whenever certain matters are deemed significant enough to be formalized into Peraturan Nagari
Comparison of National and International Legal Frameworks on Nickel Export Ban and Its Environmental Impact
Full text linkIndonesia's regulation of a ban on nickel exports at <1.7% (less than one point seven percent) has caused international upheaval. Reactions emerged from European Union countries that viewed Indonesia as having violated GATT 1994. In this research, the authors use the normative method with a comparative approach and literature study. The results showed that Indonesia's nickel export ban policy aligns with the government's efforts to improve the downstream industry. However, this policy has a negative impact on the environment, including increased water pollution due to nickel industry waste that exceeds the quality standards regulated in environmental regulations. This is due to the massive nickel exploitation that is not in line with the original purpose of the export ban to maintain domestic nickel stocks
Relasi Triangular Antara Demokrasi Digital, Keamanan Siber, dan Economic Constitutionalism dalam Ekosistem S-Commerce Indonesia
No full textDalam lima tahun terakhir platform social commerce (s-commerce) telah bertransformasi signifikan menjadi instrumen vital dalam ekosistem ekonomi digital di Indonesia. Sepanjang periode 2024, nilai transaksi konsumen di platform s-commerce mencapai Rp 487 triliun dan terus menunjukkan sentimen positif setiap tahunnya. Namun pertumbuhkan siklus ekonomi baru ini melahirkan beberapa tantangan, antara lain kesenjangan informasi dan algoritma, monopoli platform besar, dan penggunaan s-commerce sebagai alat endorsemen aktivitas ekonomi terlarang seperti judi online dan pinjaman online. Penelitian ini mengkaji pengaruh demokrasi digital, keamanan siber, dan economic constitutionalism dalam rekonstruksi pengaturan pasar digital di Indonesia. enelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan perbandingan hukum. Analisis data dilakukan secara kualitatif dengan teknik preskriptif untuk merumuskan rekonstruksi pengaturan yang ideal. Hasil penelitian ini menekankan urgensi penguatan kerangka regulasi yang mengintegrasikan prinsip economic constitutionalism dan standar keamanan siber dalam pengaturan s-commerce. Melalui pendekatan regulatory governance yang komprehensif, perlindungan hak konsumen, transparansi algoritmik, dan pembatasan kekuasaan platform akan mendorong pertumbuhan s-commerce yang lebih demokratis dan inklusif. Selanjutnya penguatan cyber security melalui implementasi sistem deteksi dini, otentifikasi berlapis, serta kolaborasi pemangku kepentingan juga perlu dilakukan untuk membatasi penyalahgunaan platform untuk aktivitas ilegal
Diskresi Penggunaan Dana Cadangan (Provisional Sum) Pada Tender Pekerjaan Konstruksi Dengan Sumber Pendanaan Anggaran Pendapatan Dan Penerimaan Negara (APBN)
Full text linkIn the construction work tender mechanism with state budget funding sources, there are no provisions or clauses relating to the use of reserve funds (provisional sum). The use and provisional sum clause can be found in the procurement of goods/services with international contract standards, for example, FIDIC contract standards and the procurement of integrated design and build work. The addition of provisional sum requirements is a discretion by Middle High Leadership Officials, in the form of adding clauses to the Special Conditions of Contract, which does not become an assessment point or point that can invalidate the Provider Selection process. If the provisional sum is not interpreted as calculating unexpected costs or other costs, then it does not conflict with the provisions for preparing own estimated price in statutory regulations and meets the Discretionary requirements as regulated in the Government Administration Law
Bankruptcy Legal System Reform in Settlement of Debtors’ Debt According to the Bankruptcy law
Full text linkAccording to Law No. 37 of 2004, bankruptcy is the complete seizure of a bankrupt debtor's assets, with the curator managing and settling them under the watchful eye of a supervising judge. There are several conditions for a debtor to be declared bankrupt, including having two or more creditors and not being able to make payments of at least one debt that is due and collectible and can be at his request or the request of one or more creditors. This article discusses the principle of distributing the debtor's assets if a debtor is declared bankrupt. According to Bankruptcy Law Regarding creditor provisions, in bankruptcy, three creditors are guaranteed compensation; the first is a separatist creditor, namely the creditor holding a material guarantee, then the preferred creditor, who has the right to precede because of the nature of his receivables by law is given a special position, and the last is a concurrent creditor—specifically, creditors who do not fall under the categories of favored and separatist creditors. After Article 2 paragraph (1) is explained, it is determined that creditors are concurrent, separatist, and preferential. Separatist and preferred creditors can apply for a declaration of bankruptcy without losing collateral rights to their assets on the debtor's assets and their right to take precedence. The debtor’s assets will eventually be distributed by the portion of the amount of the creditor's credit. This bankruptcy principle means that the debtor's property is jointly guaranteed for all creditors divided according to the principle of balance or “Pari Pasu Prorata Parte
Analisis Komparatif: Keabsahan Kesaksian Seseorang Melalui CCTV dalam Pembuktian Kasus Perzinahan Menurut Fikih As-Syafi'i dan Fikih Az-Zhahiri
Full text linkThis study aims to analyze the validity of testimonies through CCTV in adultery cases according to As-Syafi'i and Az-Zhahiri jurisprudence. The research employs a comparative analysis method, examining primary sources from both schools of thought. The study investigates the fundamental requirements for witness testimony in adultery cases and how these requirements apply to CCTV evidence. The research findings reveal a significant divergence between the two jurisprudential perspectives. As-Syafi'i jurisprudence strictly requires direct eyewitness testimony, thus rejecting CCTV evidence as valid testimony in adultery cases. Conversely, Az-Zhahiri jurisprudence adopts a more flexible approach, potentially accepting CCTV evidence under specific conditions based on their acceptance of blind witnesses' testimonies. This study concludes that while As-Syafi'i jurisprudence maintains a conservative stance on admissible evidence in adultery cases, Az-Zhahiri jurisprudence demonstrates greater adaptability to technological advancements in evidence gathering. These findings have significant implications for applying Islamic law in contemporary contexts, particularly regarding the use of modern technology in legal proceedings
Can National Constitutions be Repealed and Enacted? An Appraisal of the Extensions or Limits of Legislative Powers
Full text linkA constitution is the fundamental law of a country. Government institutions, including the legislature, are created and assigned definite functions through it. A central function of the parliament is law-making, and with this function goes the power to unmake or repeal laws. A fundamental question in light of this is whether the law-making and unmaking functions of the legislature extend to or are exercisable in respect of national constitutions to make for their repeal and subsequent enactment. Against this background and relying on the doctrinal research method, this paper appraises the legislature's law-making function to ascertain its extensions or limits where national constitutions are concerned
Impartial Law Enforcement By The Indonesian Criminal Justice System In The Civil Law System
Full text linkThis writing aims to understand law enforcement by the existing criminal justice system and to understand the existing legal system models in the world and Indonesia along with their characteristics. The method used in this writing is normative legal research through literature study with data collection methods in the form of secondary data. The results of the research show that law enforcement has not been implemented optimally, so it is very important that the existing criminal justice system can work well to create and realize a sense of justice in society. In this world, there are two models of the rule of law concept that have been developed, namely the Continental European model called rechstaat and the Anglo Saxon model called the rule of law. The concept of rechtsstaat was born from a struggle against absolutism so that it is revolutionary in nature. The concept of rechtsstaat relies on the Continental Law system called civil law. Meanwhile, the concept of the rule of law develops evolutionarily, which is based on a legal system called common law
Right to Sue (Citizen Law Suit) Air Pollution as an Alternative Dispute Settlement
Full text linkA good and healthy environment is a human right of every Indonesian citizen. The mandate of the 1945 Constitution is not obtained by citizens as they should. The proof is that high air pollution, such as air quality in some areas, causes environmental damage. As for the negative impact of air pollution, in addition to material losses, it also causes immaterial losses in poor air quality. Facing the occurrence of environmental damage due to air pollution in the city of Jakarta, citizens have the right to sue the government as state administrators who have neglected to protect the rights of their citizens, as regulated in Article 91 paragraph (1) and (2) of Law no. 32 of 2009. The results of this study are that the Citizen Lawsuit lawsuit becomes a forum for the community if they experience losses due to pollution and environmental damage. This Citizen Lawsuit lawsuit only asks for accountability for Government policies that result in losses for citizens, such as the lawsuit filed by the Optimistic Capital Coalition on Number 374/Pdt.G/2019/Pn.Jkt.Pst which was received by the Panel of Judges in 2021
Konsep Bimbingan Perkawinan Pra Nikah Untuk Mengurangi Tingginya Perceraian Karena Reuni Di Sumatera Barat
Full text linkThe incidence of divorce in Indonesia has once again surged. According to the Indonesian Statistics report, the total number of divorce cases in the nation reached 447,743 in 2021, marking a 53.50% increase from 2020's 291,677 cases. This report reveals that a larger proportion of wives initiate divorce proceedings compared to husbands. Specifically, 337,343 cases, or 75.34% of divorces, were a result of contested divorce, where the wife filed a lawsuit that was adjudicated by the Court. On the other hand, 110,440 cases, or 24.66% of divorces, stemmed from uncontested divorce, where the husband filed a petition that was decided by the Court. Geographically, West Java recorded the highest number of divorce cases in 2021 at 98,088, followed by East Java and Central Java with 88,235 and 75,509 cases respectively. The primary catalyst for divorce in 2021 was persistent conflicts and arguments, accounting for 279,205 cases. Additionally, economic factors, abandonment, domestic violence, and even polygamy were cited as reasons for divorce. Over the past five years, divorce trends in Indonesia have exhibited fluctuations, with the highest number of cases recorded in 2021, and the lowest in 2020. Notably, divorce rates experienced a significant spike from 2017 to 2019. West Sumatra ranks as the 10th province with the highest number of divorces in Indonesia, totaling 9,371 cases, comprising 2,372 divorces and 6,999 lawsuit divorces. This data raises concerns about the state of our community's households