Nagari Law Review
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Kewajiban Orang Tua Memberikan Fasilitas Pendidikan Kepada Anak Disabilitas Di Kecamatan Percut Sei Tuan Kabupaten Deli Serdang: Perspektif Hukum Nasional Dan Hukum Islam
Full text linkIn a legally valid marriage, parents share responsibilities for their children's rights and obligations. This becomes more challenging for parents of children with disabilities, especially in ensuring proper education. This study examines parental obligations in providing educational facilities for children with disabilities in Percut Sei Tuan sub-district, Deli Serdang district, according to Law Number 8 of 2016 concerning Persons with Disabilities and Islamic law. The research employs an empirical juridical approach with qualitative methods, emphasizing descriptive analysis and field research. It aims to align the research process with real-world facts encountered during the study. Findings reveal that some parents fulfill their obligations responsibly, implementing various strategies to support their disabled children's education. These include acting as friends and caregivers, providing transportation, creating suitable play environments, supporting home learning, and teaching social adaptation. Parents also strive to manage their emotions for stable interactions with their children. However, some parents fail to meet their obligations due to indifference towards their children's education, limited knowledge in child-rearing, and economic constraints. The study concludes that while many parents in PercutSei Tuan sub-district strive to fulfill their obligations under both national and Islamic law, challenges remain. It recommends increased support and education for parents of children with disabilities to ensure better compliance with legal and religious obligations in providing appropriate educational facilities limitations
Kepastian Hukum Persyaratan Evaluasi Kualifikasi Sisa Kemampuan Paket Untuk Usaha Non Kecil Pada Dokumen Pemilihan Tender Pekerjaan Konstruksi
Full text linkThis research aims to analyze the legal certainty of the qualification evaluation requirements for the remaining capability packages for non-small businesses for tenders for construction work carried out by the Procurement Committee. The tender has 4 (four) requirements that must be met, namely administrative, qualification, technical and price requirements. One of the qualification requirements that must be fulfilled Provider is the remaining capacity of the non-small business package. The remaining package capacity is the maximum limit on the amount of work that may be carried out by the construction work provider at the same time as the procurement contract is signed. Normative research is understood as research to test applicable norms or provisions. Research results: SKP qualification evaluation requirements for non-small businesses have 2 (two) provisions for non-small businesses, the Package Capability (KP) value is determined as 6 (six) or 1.2 (one point two) N, Providers who have more experience from 6 (six) after this regulation is promulgated and submits a list of jobs that have been handled simultaneously in the last 5 (five) years, the results of the evaluation of being able to handle packages simultaneously will increase, for example 1.2 (one point two) x 6 ( six) becomes 7.2 (seven point two). However, in terms of determining the results of decimal numbers, there are no more detailed and strict provisions for rounding up or down for decimal numbers. Legal certainty seen from the opinion of Gustav Radbruch stated that legal certainty is achieved if it fulfills 4 (four elements), one of which is that the facts contained in the law must be formulated in a clear way, then the requirements for evaluating the remaining capabilities of non-small business packages which have not been regulated are related to provisions 1.2 ( one point two)N has not been fulfilled
Sandbox Sebagai Instrument Hukum Terhadap Perkembangan Inovasi Teknologi Sektor Keuangan Di Indonesia
Full text linkThis research aims to analyze the sandbox as a legal instrument for development of financial sector technology innovation in Indonesia. This research endeavors to answer the following questions what is the mechanism of sandbox as a legal instrument for development of financial sector technology innovation in Indonesia, and What are the challenges of Sandbox as a legal instrument for development of financial sector technology innovation in Indonesia. The research method is Normative juridical. The research concludes the stipulation of OJK Regulation Number 3/2024 On The implementation Of Financial Sector Technology Innovation (ITSK) have several changes namely the scope of the financial sector technology innovation not only digital ecosystem but also conventional financial services institutions, the sharia financial services sector, the legal protection and legal certainty for consumers, asset crypto etc (Artikel 1).The determination of the result feasibility sandbox trial has an impact to create participants' perceptions of the feasibility model standards that appropriate to the innovation criteria according to the OJK. The criteria is a form of OJK recognition of the innovation criteria that must be carried out participant sandbox. This condition certainly provides clarification to other participants related to the innovation criteria implemented by the OJK as stated in SEOJK No. 5 of 2024. Furthermore, the ability of government to formulate sandbox legal instruments should be supported by the availability of competent and competitive human resources related to developing digital financial economy products, services and business models that appropriate to face the challenges and market needs of the financial services sector in Indonesi
Konfigurasi Politik UU Cipta Kerja, Dan Implementasi Putusan MK Nomor 35/PUU-X/2012: Masa Depan Kedaulatan Atas Penguasaan Hutan Adat
Full text linkThis paper aims to describe the implications of the legal-political configuration of the Job Creation Law and the implementation of Constitutional Court Decision Number 35/PUU-X/2012. The data used in this study are legal materials in the form of writings published by previous researchers related to the object of this study, and materials in the form of laws and Constitutional Court decisions. These primary and secondary materials will be analyzed and interpreted qualitatively. This study finds that the Job Creation Law is an orthodox legislation formed by an authoritarian political configuration that has undermined the mandate of Constitutional Court Decision Number 35/PUU-X/2012 and has implications for the constitutional rights of customary law communities by revoking their constitutional rights over their customary forests
Analisis Hukum Internasional Terhadap Allowable Catch Dalam Upaya Pencegahan Praktik Overfishing Dan Penerapannya Di Indonesia
Full text linkThe sea has a tremendous amount of potential, with an abundance of fish and very astounding biodiversity. However, nowadays, many irresponsible individuals overexploit the biological riches in the sea, resulting in overfishing. Overfishing is a method of excessive fishing that will cause a drastic and continuous decline in fish populations, which will later lead to extinction. For this reason, we need a way to suppress overfishing, namely implementing allowable catch. Coastal states can use allowable catch as a management technique to limit fishing in certain areas. This study used normative juridical research methods with descriptive research specifications and analyzed them through library research. Under international law on Article 61 of UNCLOS 1982, the allowable catch has been regulated to reduce overfishing rates. To determine the allowable catch, use the formula JTB = 80% x MSY. The implementation of allowable catch in Indonesia has been regulated in the Ministerial Decree of Maritime Affairs and Fisheries Republic of Indonesia Number 19 of 2022 concerning the Estimation of Fish Resource Potential, JTB, and the Level of Fish Resource Utilization in the Fisheries Management Areas of the Republic of Indonesia
Implementasi Sanksi Daftar Hitam Terhadap Penyedia Dalam Pengadaan Barang/Jasa Pemerintah
Full text linkThis research aims to analyse the implementation of Blacklist Sanctions in Government Procurement, analyse the factors that can caused Providers who are subject to Blacklist Sanctions to sign contract with PPK, analyse sanctions for negligence of Procurement Actors from the Government and Legal Actions that can be taken by Service Providers subject to Blacklist Sanctions. This research adopts a normative-empiric and descriptive approach, utilizing a statute approach to legal provisions and equipped with empirical data. Research results: the implementation of Blacklist Sanctions is carried out by determining and displaying Blacklist Sanctions on the National Blacklist Portal, the sanctions are valid from the date of the Decree of Determining Blacklist Sanctions, Blacklist Sanctions do not apply retroactively (non-retroactive). The factors that can cause the Providers who are subject to Blacklist Sanctions to signed contract with PPK, among others any mistake is found in the evaluation process carried out by Selection Committee, PA/KPA being late in displaying Blacklist Sanctions on the National Blacklist Portal and the Blacklist Sanctions for Provider not appearing due to system errors. Government Procurement Actors may be subject to administrative sanctions for their negligence in contract with providers who are subject to Blacklist Sanctions. Providers can take legal action in the form of objections, postponements and cancellation of Blacklist Sanctions in accordance with applicable regulations
Distorsi Hukum Penggunaan Teknik Undercover Buy dalam Tindak Pidana Narkotika oleh Penyidik Kepolisian Republik Indonesia
Full text linkDrug crime is one of the proxy war weapons that can destroy a nation by targeting the younger generation. Indonesia is one of the countries with a high level of trafficking and Use of drugs. To tackle drug crime, the Indonesian government drafted the Law Number 35 of 2009 concerning Drugs. At first glance, the authority of investigations in the Drugs Law seems to be under the order of the National Narcototices Board of Indonesia (BNN) and the Police of the Republic of Indonesia (Polri). However, if we take a closer look, there are some problems in investigations, especially in Undercover Buy and Controlled Delivery techniques regulated in Article 75 Letter J of the Drugs Law. This problem can lead to legal distortion in investigating drug crime by the Polri because it can be categorized as procedural defects due to the law. Hence, this study aims to analyze the legal distortion of authority between BNN and Polri to investigate drug crime using undercover buying techniques. This study also analyses the statutory provisions that can provide legal certainty for both government institutions so that the authorities of Polri and BNN do not overlap. This study finds that only BBN investigators have the authority to use undercover buying and controlled delivery. Therefore, using the technique by the police investigator will cause legal distortion. If the police investigator needs to use the technique, there should be a legal basis. Therefore, there should be an amendment to the Narcotic law to provide the legal basis
Peran Negara dalam Perlindungan Hak Komunal atas Ekspresi Budaya Tradisional ditinjau dari Hukum Internasional Dan Nasional
Full text linkTraditional Cultural Expression (TCE) is a indigenous people’s Communal Intellectual Property (CIP), whose copyright is owned by the state. As author of copyright, the state has moral and economic rights. However, in the fact, indigenous people that preserve and guard TCE from generation to generation. This article was produced through normative juridical research, namely research carried out by analyzing secondary data in the form of primary, secondary and tertiary legal materials related to TCE. This research found that TCE as communal intellectual property based on the international regime is found in the WIPO and WIPO-IGCGRTKF drafts, while the national regime is found in Undang-Undang Hak Cipta Nomor 28 Tahun 2014, Undang-Undang Merek dan Indikasi Geografis Nomor 20 Tahun 2016 and Peraturan Pemerintah Nomor 56 Tahun 2022 tentang Kekayaan Intelektual Komunal. This regulation legitimizes the state as author of the copyright but ignores the rights of indigenous peoples on TCE. In Indonesia TCE’s legal protection consist of positive and defensive protection. The positive protection is found in Undang-Undang Hak Cipta Nomor 28 Tahun 2014 and defensive protection in Peraturan Pemerintah Nomor 56 Tahun 2022 tentang Kekayaan Intelektual Komunal. Therefore, sui generis legal regulations are needed to recognition of indigenous peoples’s copyright on TCE
Analisis Pandangan Hakim Pengadilan Agama Tentang Hak Intervensi Anak dalam Proses Perceraian Orang Tuanya
Full text linkParental divorce has the potential to affect children's rights, development and future stability. Children have curiosity and the right to a say in the division of family assets, yet their participation in divorce proceedings remains a challenge in the absence of a specific legal framework. This study aims to explore the views of Religious Court judges on children's intervention rights in parental divorce and ensure legal protection of these rights. The methodology used is a combination of qualitative legal analysis and empirical normative legal research. Primary data was obtained through interviews, while secondary data was collected through literature review. The results showed that there is no written regulation that explicitly regulates children's intervention rights in divorce proceedings. However, based on interviews with Religious Court judges, children who wish to provide testimony during divorce proceedings are allowed and legally recognized, as there are no prohibiting rules. This can be taken into consideration by the judge in deciding the case. However, to date there is no permanent framework, and implementation of children's intervention rights in Religious Court litigation procedures is minimal. Given that children are the most affected by divorce, it is important to establish a legal framework that protects their intervention rights to ensure children's needs and best interests are met
Penyelesaian Kontrak Konstruksi Dalam Hal Terjadi Keterlambatan Pengadaan Tanah Untuk Kepentingan Umum
Full text linkAs a follow-up to the Decree of the Governor of DKI Jakarta Province Number 2779 of 2015 concerning Determination of Locations for the Construction of the Ciliwung River Sudetan Inlet Towards the East Flood Canal in Bidara Cina Subdistrict, the East Jakarta Land Office together with Ciliwung Cisadane River Basin Organization from Ministry of Public Works and Housing carried out the Inventory and Identification implementation stages for land acquisition for the inlet location. In its implementation, there were problems in RW.04 Bidara Cina Subdistrict, namely a land dispute between residents affected by the project and the legal land owners. The affected residents challenged the Governor's location determination to the PTUN with decision no. 59/G/2016/PTUN-JKT on March 15 2016. This hampered the land acquisition process and had an impact on the implementation time of the Sudetan development. This research aims to describe and analyze how land acquisition is carried out in the construction of the Ciliwung River Sudetan Inlet to the East Flood Canal, what factors cause obstacles to land acquisition and what is the strategy for completing construction contracts in the event of delays in land procurement for the public interest. This research is a qualitative descriptive research with an empirical juridical approach. The results of the research were that the affected residents' lawsuit was caused by the socialization of the project carried out by the government which did not meet the residents' wishes so that an agreement on the value of adequate compensation was not reached. On the government side, delays in the land acquisition process at that time were caused by a lack of funds and the administrative process for resolving compensation payments was not yet 100% complete. There was a delay in the completion of the construction contract in terms of land acquisition for public interests for the construction of the Ciliwung River Sudetan Inlet to the East Flood Canal, which was carried out by the government in terms of dispute resolution, land acquisition and contracts