Nagari Law Review
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Pelaksanaan Kurban Mayit Menurut Imam An-Nawawi dan Imam Ibnu At-Taimiyah Studi Kasus Desa Tanjung Baru Kecamatan Tanjung Morawa
Full text linkThis research examines the implementation of sacrificial services for the deceased, a practice that has sparked differing opinions among Islamic scholars. The background of this issue stems from varying interpretations of religious evidence and jurisprudential understanding between Imam An-Nawawi and Imam Ibn Taymiyyah. The research questions are: (1) What are the views of Imam An-Nawawi and Imam Ibn Taymiyyah regarding sacrifice for the deceased? (2) What legal bases and arguments are used by these two imams? (3) How is this practice implemented in the community of Tanjung Baru Village, Tanjung Morawa District? The research method employed is a comparative empirical normative sociological study. Primary data was obtained directly from the works of Imam An-Nawawi and Imam Ibn Taymiyyah, as well as through observations and interviews at the research site. Data analysis was conducted qualitatively using a comparative approach The results reveal significant differences between the views of the two imams. Imam An-Nawawi permits sacrifice for the deceased, both with and without a will, based on hadiths about giving charity for the dead. Meanwhile, Imam Ibn Taymiyyah rejects this argument and holds a different perspective. In Tanjung Baru Village, the practice of sacrifice for the deceased is still carried out by some community members, although understanding of its legal basis varies. This study suggests the need for further education of the community about the variety of scholarly opinions on this matter, and encourages dialogue among local religious leaders to achieve a more comprehensive understanding
Menguji Kenegarawanan Hakim Konstitusi Melalui Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023
No full textConstitutional Justice Saldi Isra's confusion in expressing a different opinion (dissenting opinion) regarding the ruling of the Constitutional Court Number 90/PUU-XXI/2023, opening up public space to question the material aspects of the decision. According to Saldi Isra, the substance of the petition in Case Number 90/PUU-XXI/2023 is simple and clearly visible.opened legal policyIn fact, it was taken over and used as a "political burden" for the Court to decide. The results of the research explain that first, the mechanism for filling the position of Constitutional Judge greatly determines the statesmanship qualifications of Constitutional Judges, the involvement of state institutions as institutions proposing Constitutional Judges. Second, to create Constitutional Judges who master the constitution and state administration and have integrity and personality that is beyond reproach and are fair, it is necessary to make changes to the mechanism for filling the positions of Constitutional Judges in order to create a mechanism that reflects the independence of their election
Tanggung Jawab Hukum Penyedia Jasa Apabila Terjadi Kecelakaan Kerja pada Pekerjaan Konstruksi
Full text linkThe recent increase in the number of construction accidents, whether caused by process errors or circumstances beyond human control, leaves problems related to the quality and responsibility of providers and users. Aspects of the responsibility of Service Providers need to be emphasized and the regulations must provide guarantees of legal certainty. This thesis focuses on a implementations of RKK Documents created by Service Providers when bidding for construction work. Problems in the research include how to implement and monitor the RKK Document on works of “Penanganan Lereng Ruas Tambu-Tompe-Pantoloan” and what is the form of the Service Provider's legal responsibility if a construction accident occurs. The research sample is works of “Penanganan Lereng Ruas Tambu-Tompe-Pantoloan”, the project which is carried out by PT. Anugerah Karya Agra Sentosa. The party that is the service user for this project is BPJN Sulteng Ministry of PUPR. The method used in this research is juridical-empirical, which focuses on collecting empirical data in the field. The theories used in this research are the theory of legal certainty, the theory of legal awareness, and the theory of legal effectiveness. The data used in this research are primary data and secondary data. Primary data comes from interviews with several parties, including the Directorate of Construction Sustainability of the Ministry of PUPR and Commitment Making Officials (PPK). Meanwhile, secondary legal material in this research includes regulations related to K4 and SMKK standards, the main ones are the 1945 Constitution, Law Number 2 of 2017 concerning Construction Services, and PUPR Ministerial Regulation Number 10 of 2021 concerning Guidelines for Construction Safety Management Systems . The research results show that in the application of the RKK document to the work on handling the slopes of the Tambu-Tompe-Pantoloan section, there are several discrepancies. Firstly, the Service Provider was proven to have used substitute workers who did not have competence in the form of a Work Competency Certificate, which caused construction accidents. Second, the Service Provider does not comply with Standard Operating Procedures when replacing Occupational Safety Experts
Keabsahan Kontrak Kerja Konstruksi Yang Tidak Mencantumkan Klausul Pilihan Penyelesaian Sengketa Konstruksi
Full text linkThe term "contract" in the construction services sector is known as a construction work contract. A construction work contract are included the category of innominate or unnamed contracts because it emerged and developed without specific regulation in the Indonesian Civil Code (Burgerlijk wetboek). Construction work contracts are specifically regulated under Law Number 2 of 2017 concerning Construction Services. According to Article 47, paragraph (1) of the Construction Services Law, one of the clauses that must be included in a construction work contract is the choice of dispute resolution for construction disputes. Furthermore, in the attachment to the Model Document Selection Regulation National Public Procurement Agency Number 12 of 2021, there are also provisions regarding the choice of dispute resolution clause in the general terms of contract and special terms of contract sections. The general terms of contract and special terms of contract are integral parts of a construction work contract, even though they are structurally separated into two different sections. However, in practice, there are still construction work contracts that do not include this clause. This study aims to analyze the validity of construction work contracts that do not include the choice of dispute resolution clause. The research method used is normative. The results of the study indicate that the presence of a construction dispute resolution choice clause is included as an element of naturalia. The naturalia element is an element in a contract/agreement that is still considered to exist and does not render the agreement invalid or non-binding on the parties who made it. If the choice of dispute resolution clause is not included in a construction work contract, it does not automatically render the contract invalid. The contract will remain valid as long as it meets the general requirements for the validity of a contract as stipulated in Article 1320 of the Indonesian Civil Code. However, it is important for parties involved in a construction work contract to include this clause because its presence can provide clarity and legal certainty in the execution of the construction work contract
Kepastian Hukum Pada Pengajuan dan Jangka Waktu Klaim Konstruksi Berdasarkan Standar Kontrak FIDIC
Full text linkIn construction services law, claims or compensation are part of the construction implementation period. There are several cases where the contractor submitted the claim after the final work handover period. Claims are submitted through an arbitration institution based on the principle of separation. Apart from that, Article 1967 of the Civil Code stipulates that all material and personal legal claims are extinguished due to the expiration of thirty years. This argument makes the arbitration panel declare that the claim submission is valid. This causes legal uncertainty regarding the contract period, especially claims. The construction work contract uses FIDIC standards with specific references for submitting claims. The research methodology is empirical juridical, which emphasizes the legal awareness of the parties regarding the contract that has been agreed upon and the claim clause and whether it violates the expiration rules. The research results found that in the principle of pacta sunt servanda, the principle of freedom of contract, and the principle of justice in the construction services law, the parties have agreed to the rules regarding claims in Subclause 20.1, namely the provision that claims must be submitted in writing to the engineer within 28 days after the contractor becomes aware of an incident to claim a right. Article 1381 of the Civil Code also explicitly states that payment for achievement is one of the conditions for ending a contract, so claims should not be submitted after the final handover of work. The principle of separation of arbitration provides opportunities for contractors to submit claims even though the main contract has ended
Optimalisasi Bagi Hasil pada Akad Musyarakah
No full textFinancing people's businesses from Sharia banks is essential in supporting the development of small and medium enterprises and promoting Islamic economic principles based on justice and sustainability. So, from this problem, the problem formulation can be taken as follows: How to Optimize Profit Sharing in Musyarakah Contracts. The research method used is normative law, namely a legal research method that places law as a building system of norms. The data analysis technique uses qualitative methods, namely descriptive research, which tends to use analysis. Two methods can be used to optimize the calculation of the profit-sharing ratio in Musyarakah. They are profit-sharing and revenue-sharing. Profit sharing is the distribution of investment results based on the net profit obtained from the business. In contrast, revenue sharing is the distribution of investment results based on the gross income received from the business. The method chosen must be adjusted to the agreement between the Musyarakah partners and the business's conditions. Optimizing profit sharing aims to ensure that each party shares responsibility and risk fairly, according to their respective capital contributions and participation
The Liberalization Aspect Of Trademark Law Of Indonesia In The Asean Free Trading
Full text linkIntellectual property rights are rights that are protected by law and one of them is related to brands. The use of brands in trade both nationally and internationally has increased from year to year. Along with global trade liberalization, brand use continues to increase. In regional trade, it is known as liberalization in ASEAN. There are various agreements made by ASEAN member countries to improve the welfare of the ASEAN Community as contained in the 2008 ASEAN Charter. Meanwhile, for brand protection, an ASEAN Intellectual Property Rights Action Plan agreement was created. This agreement contains ASEAN's action plan to protect brands and use of brands without permission. For Indonesia, this is an agreement that is harmonized with Law no. 20 concerning Marks and Geographical Indications
Legal Policy of the Establishment of Deputy Attorney General for Military Affairs in the Structure of the Attorney General's Office of the Republic of Indonesia
Full text linkThe legal challenges within Indonesia's justice system revolve around the absence of a unified implementation of the one-roof prosecution policy for military crimes. Despite the apparent coordination authority vested in the Attorney General, as highlighted in Article 57 of the Military Justice Law and Article 18 of the Amendments to the Prosecutor's Office Law, practical enforcement reveals a lack of reporting by Auditors to the Attorney General regarding the prosecution of military criminal cases. Furthermore, issues arise in handling connection cases, where the Criminal Procedure Code stipulates joint trials for handling perpetrators from both general and military justice systems. However, in practice, many connectivity cases are tried separately, leading to dualism and disparities of prosecution. In response, a suggested solution was to establish the Deputy Attorney General for Military Affairs (DAGMA) as the new structure within the Attorney General's Office. This paper aims to obtain a comprehensive explanation regarding the legal policy behind establishing DAGMA as the assistant of the Attorney General in handling military affairs and connectivity cases. The method used in this research is juridical-normative, which mainly focuses on examining the law as norms or rules that apply in society and serve as guidelines for individual behavior. The findings proved that establishing DAGMA is the Government's effort to implement legal reform, especially regarding optimizing the performance of the Indonesian Prosecutor's Office as the implementer of state prosecutorial power to realize prosecutorial unity in Indonesia
Implementasi Pengaturan Traditional Fishing Rights Dalam Hukum Indonesia
Full text linkThe concept of an archipelagic state as regulated in chapter IV of the 1982 Convention on the Law of the Sea, called the United Nations Convention On The Law Of The Sea/UNCLOS, was the struggle of several archipelagic countries when an international conference on the law of the sea was held. The Convention stipulates that island states, in exercising sovereignty in certain parts of their territorial waters, must recognize the traditional rights of the people of neighboring island states. These traditional rights are called traditional fishing rights, which are implemented in a certain part of the archipelagic waters of an archipelago. This right is a right that has been carried out for a long time from generation to generation and is carried out using traditional criteria, including that the users of this right are traditional communities, carried out using traditional tools and methods, and the place of implementation is in certain areas of the archipelagic waters of archipelagic countries. This right can only be enjoyed if an agreement has been made between the archipelagic country and its neighboring countries. The provisions regarding traditional fishing rights can be seen in article 47 paragraph 6 and article 51 paragraph 1 of the Convention. Indonesia, as an archipelagic country, has an obligation to recognize and respect traditional fishing rights, and has entered into agreements with several of Indonesia's neighbors, including Malaysia, Papua New Guinea and Australia. These various agreements have also been implemented in Indonesian national law by ratifying these various agreements
Model Perlindungan Hukum Terhadap Perempuan dan Anak Korban Tindak Pidana Kekerasan Melalui Pedoman Kejaksaan No. 1 Tahun 2021 tentang Akses Keadilan Bagi Perempuan dan Anak dalam Penanganan Perkara Pidana
Full text linkProsecutor's Guidelines Number 1 of 2021, concerning Providing Access to Justice for Women and Children Involved in Criminal Proceedings, is significant progress in strengthening legal protection for victims of violence, especially in the West Sumatra Province, Indonesia, where law enforcement officers are concentrated. In the past, criminal procedural law seemed to primarily regulate the safeguarding of the rights of offenders, as mandated by Law Number 8 of 1981 regarding Criminal Procedure. In contrast, recent legal developments and breakthroughs, exemplified by this Guide, indicate a significant shift in focus toward protecting victims and witnesses, thereby overcoming the phenomenon of victimization. This article discusses problems in investigations carried out in the jurisdiction of Padang, Bukittinggi, Payakumbuh, Batusangkar, Pesisir Selatan, Pasaman, and Pariaman District Attorneys. Initially, an overview of the circumstances surrounding the issuance of Guideline No. 1 of 2021; then a study will be carried out on the application of the principles of protection of children and women in the prosecution process throughout the region; and finally, the development of legal protection models to ensure that children and women victims of violent crimes have access to justice. The research method used is sociological, legal research with a descriptive approach, utilizing primary and secondary data. This research finds an effective model of legal protection for women and children victims of violent crimes so that they can access justice in the criminal legal process. Therefore, it is recommended that law enforcement agencies have a deeper understanding of legal protection for victims of violence and contribute to increasing access to justice for women and children in criminal cases in the jurisdiction of the West Sumatra High Prosecutor's Office