Nagari Law Review
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Peluang dan Tantangan Dari Pengaturan Indikasi Geografis di Indonesia
No full textGeographical Indication is the new black in the world of intellectual property because of their very high commercialization potential, although they have not received as much attention as other intellectual property rights. In Indonesia, the regulations for Geographical Indication have been updated through Law Number 20 of 2016 concerning Trademarks and Geographical Indication (UU 20/2016) to be more in line with the provisions in Trade-Related Aspects of Intellectual Property Rights . Through this arrangement, it is expected that Indonesia can maximize the monetization of Geographical Indication by taking advantage of opportunities and overcoming existing challenges to encourage regional and national economic revival. Therefore this study raises two problem formulations, namely: (1) How are Geographical Indication regulated in Indonesia?; and (2) What are the opportunities and challenges of managing Geographical Indication in Indonesia?. This is a normative research using statutory, historical, comparative, and conceptual approaches with several interviews with related parties to sharpen the problem analysis. The resulting findings indicate that regarding the regulation of Geographical Indication in Indonesia there are several opportunities that can be utilized by producers and the public in the regions, namely, registration of Geographical Indication other than Agricultural Products, use of the national logo of Geographical Indication, registration of Geographical Indication abroad, follow-up of violations of Geographical Indication. Apart from that, there are also several challenges, namely, the lack of understanding of the registration process of Geographical Indication, the use of the 'logo' in the registration of Geographical Indication, the term 'User of Geographical Indication' in Law 20/2016
Penerapan Smart Contract dalam Industri Konstruksi di Indonesia: Potensi dan Tantangan Hukum
Full text linkTechnological advancements in Indonesia's Construction have initiated a digital transformation in the sector. The necessity of incorporating automated systems in contract performance to meet future digital needs has become increasingly apparent. This paper presents to spearhead research into the possibility of the Indonesian construction industry adopting smart contracts. The chosen research approach is a qualitative scientific methodology involving a systematic review highlighting the benefits and obstacles associated with adopting smart contracts within the construction industry. Further data were collected from construction contract management experts through interview sessions. The findings reveal that the self-execution feature of smart contracts could better distribute risks within a contract. However, the study also uncovers substantial challenges in applying smart contracts, such as their immutability, irreversibility, and vulnerability to human errors. The study concludes that smart contracts are best suited for short-term contracts that do not require variations. Smart contracts could streamline contract management, reducing time and effectively addressing conflicts and disputes during the contract's lifespan. The devised implementation framework holds significance for construction professionals, particularly those involved in contract administration. Incorporating smart contracts into construction could enhance contract administration and management discipline by fostering investment in this emerging technolog
Pembaharuan Kementerian Negara Di Indonesia
Full text linkTulisan ini membahas mengenai gagasan perbaikan terkait kementerian dan jabatan Menteri yang ada di Indonesia. Situasi pelik terkait jabatan Menteri disebabkan adanya potensi penggunaan jabatan menteri untuk kepentingan politis. Disisi lain terdapat harapan public untuk mendapatkan menteri-menteri professional yang tidak politis. Dalam momentum UU 39 Tahun 2008 tentang Kementerian Negara yang masuk dalam long list program legislasi nasional, tulisan ini berupaya memberikan masukan terhadap pembaharuan UU Kementerian tersebut. Menggunakan metode doktrinal, tulisan ini memberikan rekomendasi pembatasan terhadap wakil menteri, menteri koordinator, rangkap jabatan dan kewenangan pembentukan peraturan menteri. Gagasan ini menjadi penting, utamanya untuk memperkuat checks and balances dalam sistem presidensial di Indonesia untuk tidak kehilangan jati dirinya. Penelitian ini menggunakan metode doktrinal dengan mengkaji bahan-bahan kepustakaan untuk mencari landasan teoritis, serta menganalisis data sekunder. Keberadaan menteri dan wakil menteri yang cukup banyak dan merata pada hampir semua partai koalisi membuat mekanisme pengawasan dan legislasi parlemen menjadi lemah, sehingga diperlukan suatu pembatasan. Pembatasan lainnya yang perlu dilakukan adalah terkait kewenangan menteri dalam membentuk peraturan. Dalam hal ini salah satu jalan keluarnya adalah dengan mengembalikan kedudukan delegasi pengaturan dari undang-undang kepada Presiden, bukan peraturan menteri
Penegakan Pengawasan Mahkamah Kehormatan Mahkamah Konstitusi Terhadap Hakim Konstitusi
Full text linkThis research aims to determine the important role of the Constitutional Court Ethics Council in upholding the integrity and ethics of constitutional judges and in upholding law and justice in Indonesia. "This research examines the position and role and supervision of the Ethics Council in guiding constitutional judges." the behavior of constitutional judges in carrying out their duties as law enforcers and protectors of the constitution. The research methodology used is a descriptive approach, namely analyzing case data in the form of reports and public information regarding alleged violations of the Code of Ethics by constitutional judges. in 2014 and 2015. These data were analyzed to determine the number of cases followed up, recommendations given, as well as the handling process and decisions taken by the Ethics Council. They have received several reports from the public regarding alleged violations of the Code of Ethics by constitutional judges. However, there were no serious sanctions imposed by the Ethics Council in this case. On the other hand, the Honorary Council provides recommendations to the Constitutional Court to improve case handling and judicial procedures. In conclusion, the Ethics Council has an important role in maintaining the integrity and ethics of constitutional judges and upholding law and justice. "The recommendations given by the Honorary Council are very important in improving and perfecting the trial process at the Constitutional Court
Indonesia's Revocation of Political Rights: Criminal Perspectives Philosophy
No full textHuman rights are fundamental freedoms that are eternally guaranteed to all people as they are the creations of the Almighty God. As a result, it must be protected, supported, and respected. It also must not be disregarded, as neglect and human rights abuses result in human rights violations. Political rights are one of the fundamental rights that must be upheld and safeguarded by the State, the law, and the government. The Criminal Code's provision of criminal penalties for the elimination of political rights in Article 35 (1) (3), where the electoral process and electoral laws are founded, proves to conflict with the State's mission for the preservation and maintenance of political rights. This article's analysis of criminal sanctions that impact citizens' political rights in terms of punishment philosophy is urgently needed
Pengaturan Hukum Pidana Adat dalam KUHP Baru dari Perspektif Asas Legalitas
Full text linkThe discussion on Adat Criminal Law has returned to attention after promulgating the National Criminal Code. This is because the provisions regarding Adat Criminal Law are unknown and are not contained in the Criminal Code, which was previously in effect in Indonesia. The regulation of Adat Criminal Law in the form of positive law resulted in a change in the form of Adat Criminal Law itself, which was previously unwritten law to become written law. The change in form is also related to the Legality Principle, which is still maintained in the National Criminal Code. Based on this, it can be stated that the formulation of the problem in this study: (1) How is the concept of Adat criminal law regulation in the National Criminal Code? (2) What is the relationship between the nature of the Adat Criminal Law as unwritten law and its provisions in the National Criminal Code?; and (3) How is the regulation of Adat Criminal Law in the National Criminal Code according to the perspective of the Legality Principle? The method used in this research is normative legal research with statutory and conceptual approaches. The nature of the exploratory research uses primary, secondary, and tertiary legal sources. Based on the results of the study, it can be concluded that regulations regarding Adat Criminal Law in the National Criminal Code are as stipulated in Article 2 of the National Criminal Code, where Adat Crimes are laws that live in society in the form of unwritten law, and are still valid and developing in people's lives in Indonesia. However, the regulation of Adat Criminal Law in the National Criminal Code will cause problems when viewed from the perspective of the Legality Principle. The formulation that the Adat Criminal Law should be legalized through local law contradicts the essence of Adat Law itself and is the legality principle
Criminal Law Policy in the Harmonization of Tax Regulations: Its Implications for State Income from the Tax Sector
Full text linkCriminal acts in the field of taxation are a form of crime that is very detrimental to the state because they hinder state income from the tax sector. Taxes are the primary source of state income, which is then used for state management and in implementing development to improve community welfare. One effort to minimize criminal acts is to create regulations that become the basis for law enforcement for tax obligations. Overcoming criminal acts requires a criminal law policy that supports law enforcement. Criminal law outlines criminal policy, either substantive or procedural criminal law. The formulation of criminal law policy in tax laws is in line with the formation of tax law through the tax reform policy, which began in 1986 through the formation of several laws in the field of taxation. Finally, the Law Number 7 of 2021 concerning the Harmonization of Tax Regulations continues the policy. With the implementation of the Law on Harmonization of Tax Regulations, there needs to be a more in-depth study of tax criminal policies in this law towards optimizing state revenues from the tax sector. The research was conducted using normative legal research methods and supported by primary data. The approach used is a statutory approach, namely by analyzing various related laws in studying legal synchronization both vertically and horizontally and using legal theories. The research finds that criminal law policy in the Law on Harmonization of Tax Regulations applies more non-penal than penal policy. Non-penal prioritizes administrative settlement rather than criminal law settlement. The administrative settlement will enable more income through administrative fines. However, this approach does not fully support optimizing state revenues from the tax sector in the long run because this policy would not support taxpayer compliance
Penguatan Fungsi Pengawasan Pemerintah Kota/Kabupaten Dalam Penggunaan E-money Brizzi Sebagai Alat Bayar Retribusi di Sumatera Barat
Full text linkLevies are a source of original regional income as regulated in Article 285 Paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The authority to collect levies is regulated in Article 23A of the 1945 Constitution, then implemented by Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. So far, retribution collection has been carried out in cash, and along with technological developments, this method is no longer suitable, so it has been replaced with electronic money. This provision is based on Bank Indonesia Regulation Number 20/6/PBI 2016 concerning E-Money and is reinforced by the Circular Letter of the Minister of Home Affairs Number 901/1866/SJ /2017 which regulates the Implementation of Non-Cash Transactions and Presidential Instruction Number 10 of 2016 concerning Prevention and Eradicating Corruption. West Sumatra, as one of the provinces in Indonesia, has implemented the use of E-Money facilities in 2019 through E-Money Brizzi issued by Bank Rakyat Indonesia. It's just that in practice there are deviations in implementation so that we don't get maximum results. In connection with this, the author conducted research with the title "Strengthening the Supervision Function of the Use of Brizzi E-money as a Means of Paying City/Regency Levy Fees in West Sumatra". The areas used as samples. research is Padang City, Pariaman City, and Bukittinggi City with the main problems being researched. How to strengthen the monitoring function regarding the use of e-money Brizzi as a means of paying levies in cities/regencies in West Sumatra? From the research results, strengthening the monitoring function of the use of E-Money Brizzi in City/Regency governments in West Sumatra can be carried out by the parties, namely BRI as the Issuer of E-Money Brizzi and Bapenda as the user of the E-Money Brizzi facility in collecting levies. Meanwhile, the problems found in strengthening the supervisory function for the use of these facilities are incomplete regulations as a legal umbrella to serve as technical guidance in monitoring the use of facilities at each collection agency, and there is still a lack of education and outreach to the public by the parties
Mitigasi Risiko Hukum dalam Penyelesaian Sengketa Kontrak Konstruksi melalui Dewan Sengketa
Full text linkConstruction projects are considered a sector loaded with risks. Almost every construction service industry activity always appears as a claim, often becoming a dispute. The legal basis for the settlement of construction contract disputes is regulated in Article 88 of Law Number 2 of 2017 by directing dispute settlement through an out-of-court mechanism and providing support for the existence of a dispute board to avoid claims before they arise into disputes. However, Law Number 2 of 2017 does not provide detailed regulations regarding dispute boards, so parties in Indonesia's construction service industry doubt its effectiveness. The research aim is to analyze the implementation of legal risk mitigation to avoid construction contract disputes. The research methodology is done in normative legal research by combining historical, statute, comparative, and conceptual approaches. Research data sources are secondary legal materials and research data collection methods conducted by library research. The results of the study show that there are fundamental differences between construction claims and lawsuits. The concept of dispute avoidance is designed to change the culture to enable proactive dispute prevention and real-time dispute resolution. The dispute board rules in Indonesia are regulated in the Regulation of Minister of Public Works and Public Housing Number 11 of 2021. The output of the dispute boards is a formal decision that is final and binding. In this case, it is not equivalent to an enforceable decision but is contractually binding
Penerapan Pendekatan Keadilan Pestoratif oleh Kepolisian Negara Republik Indonesia dalam Penyelesaian Tindak Pidana di Wilayah Hukum Polres Payakumbuah
No full textIn Indonesia's criminal justice system, imprisonment is a sanction commonly imposed on perpetrators of criminal acts. This condition is not in line with Indonesian society, which is a communal society that prioritizes solving problems through deliberation and consensus. Therefore, there is a tendency in Indonesian society to use a restorative justice approach in resolving criminal law problems. This approach has been recognized and adopted by law enforcement agencies such as the Police. This approach has been adopted in the Republic of Indonesia State Police Regulation (Perkap) Number 8 of 2021 concerning the Guideline for Handling Criminal Acts Based on Restorative Justice. This approach is a new paradigm in the strategy for handling criminal cases by the Police. Resolving criminal acts through this approach also involves the perpetrator, victim, victim's family, community leaders, religious leaders, and traditional leaders in seeking a peaceful resolution by restoring the original situation. This research aims to study how the restorative justice approach is run by the Police in solving a criminal case at Payakumbuh Police Region and the obstacles faced by the Police. The research is carried out through sociological–juridical legal research emphasizing field research. In addition, this research also applies a study of existing legal materials. This descriptive research intends to describe the reality studied clearly and systematically. This research finds that the Payakumbuh Police officers have implemented this restorative justice approach to most criminal cases. In implementing this approach, the police officers encountered several juridical and non-juridical obstacles. Legal obstacles relate to the multi-interpretation of a legal norm, while practical obstacles are complicated procedures, difficulties finding an agreement, and compensation issues