Nagari Law Review
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Penerapan Teori Pada Hakikatnya Dalam Menafsirkan Tindak Pidana Narkotika
Full text linkNarcotics crimes are classified as a serious crime. Therefore, good law enforcement is needed to overcome crime, primarily related to the implementation of articles of narcotic crime in the trial. There is a significant urgency to implement law enforcement methods to handle narcotics crimes. This study explores the method of interpretation options for judges in granting a judgment in case an act is proven valid and convincingly guilty in narcotics cases. This study uses normative legal research methods or doctrinal legal research, in which the researchers will study the application of criminal offenses by law enforcers. The researcher is guided by the objectives of punishment adopted by the related regulations, criminal procedural law, and material criminal law. This study finds alternative interpretations for judges in determining which articles are legally and convincingly proven guilty of narcotics crimes as regulated by the law. Thus, this research provides insight into the importance of integrating theory and practice in criminal law for narcotics. The study also recommends strategies to increase the effectiveness of just law enforcement in narcotics cases
Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan
No full textIn Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region
Tinjauan Terhadap Keringanan Penjatuhan Pidana Sebagai Insetif Dalam Tindak Pembunuhan Berencana Kepada Justice Collaborators
Full text linkThis article aims to examine the reduction of criminal penalties as a form of reward or incentive for justice collaborators. This is prompted by the pro and con debate over the verdict of the Panel of Judges in the case of Barada Richard Eliezer, who was sentenced to 1 year and 6 months for the planned murder of Brigadir Nofriansyah Yosua Hutabarat. The legal issue revolves around the absence of clear criteria for the extent of such leniency, as it remains within the prerogative of the judge. This research is conducted using normative legal research, involving an analysis of all relevant laws and regulations related to the legal issue under investigation. These include the Supreme Court Circular Letter Number 4 of 2011 on the treatment of crime reporters (whistleblowers) and justice collaborators in specific criminal cases, and the Republic of Indonesia Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 on Witness and Victim Protection. The research results suggest the need for consistency in judicial decisions regarding the extent of sentence reduction for justice collaborators. The author recommends considering the Italian regulations in dealing with organized crime, where defendants who are willing to become justice collaborators, thereby assisting in uncovering criminal groups and providing necessary evidence, may receive reduced prison sentences. A life sentence can be replaced with a prison term of 12 to 20 years, and other sentences can be reduced by one-third to two-thirds. According to the author, this reduction can be determined based on the maximum criminal penalty they face, as stipulated in Article 199 of the Draft Criminal Procedure Code (RUU KUHAP)
Implementasi Perda Kab. Karo No. 01 Tahun 2024 Terhadap Pungutan Liar pada Objek Wisata Sidebuk-Debuk Perspektif Maqashid Syari’ah
Full text linkIllegal levies (pungli) are a form of corruption that is still a serious problem in Indonesia, including in the tourism sector. Although Karo Regency Regional Regulation No. 01 of 2024 has been enacted as an effort to regulate local levies, extortion practices still occur at Sidebuk-Debuk tourist attraction, Karo Regency, which has a negative impact on tourist convenience and local revenue. This research aims to analyze the implementation of the local regulation, identify obstacles in its implementation, and evaluate the phenomenon of extortion using the Maqashid Shari'ah approach. This research uses a qualitative method with data collection through in-depth interviews with various resource persons. The results show that the lack of socialization, weak supervision, and the habit of extortion that has been cultivated are the main obstacles in the implementation of the local regulation. From the Maqashid Shari'ah perspective, extortion contradicts the principles of protecting religion (Hifdz al-Din), soul (Hifdz al-Nafs), intellect (Hifdz al-'Aql), offspring (Hifdz al-Nasl), and property (Hifdz al-Mal). This study recommends increased supervision, more effective socialization, and strict law enforcement to reduce extortion practices and improve the quality of tourism services
Kearifan Mediator Dalam Penyelesaian Perkara Pemutusan Hubungan Kerja (PHK) Secara Mediasi Di Masa Pandemi
Full text linkThe objectives of this research are to: Establish the very concept of risks due to the pandemi in employment relation; establish the wisdom of mediator concept in the settlement of employment termination during pandemi; corroborate the legal principles by means of mediation in the settlement of employment termination during pandemi; to devise strategies for mediator in settling employment termination disputes during pandemi. The completion of this research has been carried out by using juridical normative method, in conjunction with the statutory approach, conceptual approach and case approach. This research discovered that: A wise mediator needs to comprehend the concept of risks arisen from pandemi which consisted of three type of risk: heavy risk, moderate risk, and small risk. Each risk carries different legal implications. The concept of the wisdom of mediator is that there is a third party who is neutral, honest, fair, understands the matter at issue, and is responsible. The mediator must understand the legal principles of mediation which are: the procedure can be done online or offline, the mediator is a neutral party, active, deliberates to reach a consensus, provides recommendation to the party. The recommendations given must be registered to the court. The mediator’s strategy in settling the employment termination disputes is: by preventing the layoffs or termination from occurring; if preventing termination is not successful, recommendations for the termination can be provided. Recommendations for the layoffs or termination can be given after: data collecting procedure related to the case, bargaining process of the parties, formulation of the results of the agreement; submission of the recommendation to the parties.In conclusion: wise mediators should try to avoid layoffs, if layoffs cannot be avoided, they should provide solutions to provide rights and obligations in a balanced manner by taking into account the economic conditions of employers
Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide
Full text linkForcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discusse
Kebijakan Afirmatif Pengadaan Barang/Jasa Pemerintah Di Wilayah Papua Ditinjau Dari Hierarki Peraturan Perundang-Undangan
Full text linkThe affirmative policy allowing the State to do more to the unrepresented group within the framework of equality and justice is enshrined in Article 28 H (2) of the Constitution of the Republic of Indonesia of 1945 which states that everyone is entitled to special facilities and treatment for equal opportunities and benefits in order to equity and justice. In the government procurement through providers, the Papua Special Autonomy Act forms the basis for the affirmative policy to be established. The study aims to analyze the existence of affirmative policy of government procurement through providers and to examine the content of the article according to the hierarchy of the regulations. The study uses a normative and descriptive approach, legal research to describe and test applicable norms or provisions. Research results: First: the affirmative policy of government procurement through providers requires the existence of the participation of papuan economic operator directly in government procurements through providers in the territory of Papua, where the criteria of Papuan economic operator have also been set out in the regulations. Secondly, in the content of Article 2 of the Papua Governor Regulation Number 46 of 2021 on Government Procurement in Papua Province, it is explained that the scope of application of the governor's regulation includes the government procurement financed by the State Budget Funds. This is contrary to the content of article 4 Paragraph (1) letter a of the Regulation of the Minister of Public Works and Housing No. 1 of 2023 on the Guidelines for the Supervision of the Maintenance of Construction Services Implemented by the Provincial Government, the District, and the City which explains that the authority of the local government of the provinces, the districts and the towns in supervising the maintenance of the construction services, including the process of government procurement, is limited only to the activities of construction financed with the Regional Budget Funds
Implikasi Undang – Undang Nomor 1 Tahun 2022 Terhadap Keberadaan Pajak Daerah Sebagai Sumber PAD Kabupaten/Kota di Provinsi Sumatera Barat
Full text linkThe implications of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, are improvements to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. In Law Number 1 of 2022, there are changes to the components of regional tax types in districts/cities in Indonesia, one of the aims of which is to increase the regional PAD. The seriousness of the Regency/City Government in implementing the regulations in this Law will be very beneficial for regional income from the tax sector. For this reason, research was carried out on the following problems: First, what is the regional government's view of the implications of Law Number 1 of 2022 in West Sumatra? Second, how is the implementation of Law Number 1 of 2022 regarding the existence of Regional Taxes in West Sumatra? Third, what are the obstacles faced and the solutions implemented in implementing Law Number 1 of 2022 in West Sumatra? To answer the research focus, this research uses empirical juridical research methods with research specifications from the West Sumatra Bapenda, Padang City Government Bapenda and West Pasaman Regency Bapenda, and is analyzed through literature review and data analysis methods using qualitative-juridical. A number of stages must be carried out by the government, such as completing the drafting of implementing Regional Regulations as intended in the a quo statutory regulations, conducting regional potential studies with consultants to determine the potential for regional tax revenue in the Regency/City, then carrying out socialization to the community as mandatory taxes, as well as technical guidance to tax collector employees within the Regional Government Organization (OPD) in order to maximize the potential of regional wealth in Regencies/Cities in Wes
Peran Kelembagaan Kantor Wilayah Kementerian Hukum dan HAM Dalam Upaya Optimalisasi Fungsi Lembaga Pemasyarakatan
Full text linkThe aim of this research is to find out more about the institutional role of the Regional Office of the Ministry of Law and Human Rights in efforts to optimize the performance and implementation of the main functions of correctional institutions. As is known, over time, the growth rate of inmates in correctional institutions is getting higher and higher. Meanwhile, on the other hand, it is highly hoped that correctional institutions can develop all prisoners to become complete individuals, realize their mistakes, improve themselves, and avoid criminal behavior in the future. In the end, prisoners are expected to be able to reintegrate into society, actively contribute to development and live a law-abiding life. This research methodology uses a normative approach by examining a number of related documents and legal regulations. Data is collected through library research to search for publications and other relevant materials related to the research topic, so as to increase the accuracy of the research materials collected. Of course, it is highly hoped that the institutions of the Regional Office of the Ministry of Law and Human Rights in each region can carry out optimal performance by fully supporting the implementation of the functions and duties of Correctional Institutions through developing the personality and independence of inmates, including the development of religious, national and state awareness, intellectual capacity, legal awareness, healthy reintegration into society, and physical and mental health. The work service activity program needs to be offered and built from the start through a pattern of developing independence through providing work skills based on groups and talents identified while the prisoner is in a correctional institution
Proyeksi Konsep Pedoman Pemidanaan Dalam Sistem Peradilan Pidana Di Indonesia: Telaah Perbandingan Hukum Dengan Amerika Serikat
Full text linkSince 2020, the criminal justice system in Indonesia has been awarded two sentencing guidelines which can be found in Supreme Court Regulation Number 1 of 2020 concerning Sentencing Guidelines Article 2 and Article 3 of the Corruption Eradication Law and Articles 53 to 56 of the National Criminal Code. However, based on the Academic Text of the National Criminal Code, it is stated that the term sentencing guidelines is a term that is still open to review, because it contains various meanings, so it is still open to developing the term. This article discusses the projection of the concept of sentencing guidelines in the criminal justice system in Indonesia by establishing an independent state institution that has the authority to create and evaluate a sentencing guideline such as the United States Sentencing Commission (USSC) which applies in the criminal justice system in the United States by using law comparative method. The research results show that the concept of sentencing guidelines in Indonesia and the United States both have a rationale for responding to the phenomenon of sentencing disparities and the two countries have their own methods. There are similarities and differences between the sentencing guidelines in Indonesia and the United States. In the equation there is one variable, namely, the variable of the judge's relationship with the sentencing guidelines. Then, in the differences section there are four variables, namely, orientation variables, institutions or stakeholders, form and scope. Then, regarding the need for the formation of an independent state institution that has the authority to create and evaluate a sentencing guideline, it becomes rational in the criminal justice system in Indonesia because predictability in imposing a range of sentences is a fulfillment of the value of law certainty, so that the more the sentence can be predicted, the greater the law certainty for convicts can be fulfilled. Apart from that, this independent state institution also has the authority to provide recommendations to legislators regarding the rationalization of the range of sentences imposed which so far has not been properly rationalize