Nagari Law Review
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    204 research outputs found

    Juridical Study of the Meme Phenomenon in Social Media

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    This paper examines the role of forensic linguistics in identifying and analyzing memes that contain elements of defamation or insult on social media platforms. In the digital age, memes have become a prevalent form of communication, often blurring the lines between humor and harmful content. This study highlights how such memes can violate Indonesian law, specifically the Criminal Code and the Electronic Information and Transactions (ITE) Law, by spreading false information and damaging the reputations of individuals or entities. This research uses the normative legal research method. The result of this research is memes can indeed contain elements of defamation or insult, violating both the Criminal Code and the Electronic Information and Transactions (ITE) Law in Indonesia. The ITE Law, notably Article 27, paragraph (3), provides a progressive framework for addressing defamation and insult through digital media, imposing criminal penalties on those who intentionally and without rights to distribute, transmit, or make accessible defamatory or insulting content. This law is more effective in the digital age than the Criminal Code, as it acknowledges the rapid spread and broad reach of defamatory content on social media. Forensic linguists play a crucial role in these cases, interpreting whether a meme is defamatory or merely a joke. This distinction is vital as it determines legal consequences. If a meme contains defamation or insult, the perpetrator can face criminal sanctions; no liability arises if it is a harmless joke. Forensic linguists assess memes' context, intent, and impact, helping legal authorities understand the nuances of digital communication and ensuring that justice is served. Their expertise is vital in distinguishing harmful content from benign expressions, contributing to a fair judicial process, and protecting individuals and entities from undue harm while maintaining freedom of expression

    Judicial Pardon: Proyeksi Bunyi Putusan Hakim dalam Perkara Pidana Pasca Undang – Undang Nomor 1 Tahun 2023 Berlaku

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    If the judge determines that the defendant is guilty and has convincingly committed the act in question, but the act does not necessitate punishment based on specific considerations, Article 54, paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code authorizes the judge to grant forgiveness by passing a decision without imposing a penalty. Judge forgiveness, also known as judicial pardon or “rechterlijk pardon”, is one of the sentencing guidelines for judges in deciding criminal cases. Nevertheless, Article 54 paragraph (2) reveals that the factors to be considered by judges in exercising their discretion to grant forgiveness are primarily subjective, with no clear and objective indicators. Furthermore, there are no established guidelines for describing the results of a judge's decision to forgive and structuring the decision. This could lead to a lack of uniformity in judicial pardon decisions when the New Criminal Code comes into force. So, this article attempts to project the sound of the judicial pardon decision using normative legal research. This research indicates that several sentences of the judicial pardon decision can be applied by adopting various criminal choices

    Implementasi Perkawinan Beda Agama Terhadap Suami Isteri yang Berbeda Keyakinan

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    Interfaith marriage is a complex issue in Indonesia, considering the conflict between religious norms and state law. Based on Law Number 1 of 1974 concerning Marriage, the validity of a marriage is determined by the laws of each religion, which often becomes an obstacle for interfaith couples, especially in registering their marriage. This study examines the legality of interfaith marriages in Indonesia through the Yogyakarta District Court Determination Number 141/Pdt.P/2023/PN Yyk and its implications for the rights and obligations of husbands and wives with different beliefs in Indonesian family law. This research uses a normative juridical approach with analysis of court decisions and review of statutory regulations. The research results show that although Indonesian law does not explicitly regulate interfaith marriages, the court decision route can provide a legal solution for registering these marriages. However, the legal implications remain significant, especially in terms of maintenance rights, inheritance rights and child status, which often face administrative obstacles. Therefore, more inclusive regulations and clearer registration procedures are needed to provide legal certainty and protect the rights of families from interfaith marriages. The aim of this research is to provide answers to various problems related to interfaith marriages

    Prioritas Pengentasan Kemiskinan Dalam Perspektif Pembangunan Daerah

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    Poverty has the meaning of a condition or situation where a person cannot afford to maintain himself in social life and the inability to utilize his mental or physical energy in society. The purpose of this study is to examine and analyze efforts that can be made by regional heads in overcoming and minimizing poverty in West Sumatra. The research method used is qualitative normative juridical. The results of this study are that the priority of poverty alleviation in the perspective of regional development should prioritize the benefits of regional development carried out by prioritizing the poor in the implementation of development in each region where there are still poor people. The suggestion from this study is that the government is expected in its duties and responsibilities as the executor of the function of the government system to prioritize regional development based on systems or programs that have standard provisions for welfare values ​​in the form of regulations in following up and eliminating poverty gradually so that the provisions in Pancasila and the 1945 Constitution can be created properly

    Comparison of National and International Legal Frameworks on Nickel Export Ban and Its Environmental Impact

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    Indonesia'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

    Efektivitas Penegakan Hukum Penyelesaian Sengketa Konsumen Di Sumatera Barat

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    Law enforcement in resolving consumer disputes is a repressive legal protection. This repressive protection aims to restore consumer rights or resolve disputes when there is a violation of consumer rights or disputes between consumers and business actors. Law enforcement in resolving consumer disputes in West Sumatra has not achieved the desired effectiveness, even though there is Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK) which regulates the resolution of consumer disputes. This is because there are still many consumer losses that cannot be recovered or consumer rights are not fulfilled because the resolution of their disputes has not been fully in accordance with what is expected in the law. The formulation of the problem in this paper is how effective is the resolution of consumer disputes in West Sumatra? The method used in this study is empirical juridical, using primary data and supported by secondary data. The approach used is a non-doctrinal approach. The nature of the research is descriptive. The data collection uses field studies, namely by interviewing respondents and informants which are strengthened by document studies. Data processing is by editing and analysis using qualitative juridical analysis. The conclusion of this study is that consumer dispute resolution in West Sumatra is not yet effective, where consumers have not received justice

    Kekaburan Pengaturan Pasal 201 Ayat (5) Undang-Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati, Dan Walikota Terhadap Akhir Masa Jabatan Kepala Daerah

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    The postponement of the regional elections in 2022 and 2023 has resulted in a fairly long transition period, and most autonomous regions will experience vacancies in regional head positions for a relatively long period of time, namely 2 to 3 years until the 2024 simultaneous regional elections are held. One form of implementation of the concept of democracy is holding regional head elections (Pilkada) simultaneously nationally. There has been legal ambiguity in Article 201 paragraph (5) of Law Number 10 of 2016 concerning the Election of Governors, Mayors and Regents whose term of office of regional heads ends in 2023. This research is legal research (doctrinal research). The results of this research explainThe appointment of Acting Regional Heads is not carried out randomlyelectical pointed which must be participated in by election by the community but is only appointed to fill vacancies in regional government so that regional government activities can run quickly. Second, Legal Ambiguity Article 201 paragraph (5) of Law Number 10 of 2016 results in legal uncertainty and legal guarantees for applicants who serve as regional heads and will harm their political positions and even programs that have been promised will not be fully implemented

    Asuransi bagi Akun Game Online untuk Risiko Peretasan

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    Online games are a type of entertainment that is the result of technological developments that occur in this era of globalization. Indonesia is a country with a very large number of active internet users. Most of the active internet users in Indonesia are online game players. Online games are categorized as a digital asset because players can collect various virtual items. Also, the high level and how high the rank that has been achieved in a game account has its own economic value in the eyes of the players. That makes an online game account has its own economic value and is an asset that must be maintained. An online game account owner is also not immune to the risk of losing their account. One of the unavoidable risks is losing an online game account due to hacker attacks. Hackers can hack into a person's online gaming account and take ownership of it. The risk of hacking is a threat that is not expected to happen. By holding online game account insurance from the threat of hacking, it can divert the risk of online game account owners who are exposed to hacker attacks

    Pengaturan Pelayanan Kesehatan Paliatif Bagi Masyarakat Miskin dalam Jaminan Kesehatan Nasional

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    Health services are the rights of every individual that the state must guarantee through sustainable policies and systems. Law Number 17 of 2023 concerning Health has included palliative services as part of health services. Still, its implementation in the National Health Insurance (JKN) has not been explicitly regulated in other regulations, such as Law Number 40 of 2004 concerning the National Social Security System and Presidential Regulation Number 59 of 2024 concerning Health Insurance. This creates legal uncertainty, especially in ensuring poor access to palliative services, resulting in significant social, economic, and infrastructure barriers. This study aims to analyze the arrangement of palliative health services in the JKN system, identify the obstacles faced by people experiencing poverty in accessing these services, and determine what efforts can be made. The research was conducted with a normative juridical approach, using secondary data from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively to understand the legal problem and its impact on implementing palliative services. The results show that palliative care has not been explicitly recognized as part of the guaranteed benefits in JKN, leading to uncertainty in financing, a lack of service standards, and discrimination against the poor in access. To overcome this, it is necessary to strengthen regulations, prepare national guidelines for palliative services, increase the capacity of health workers, and allocate special budgets. This effort is expected to ensure equitable access to palliative services for all levels of society, especially low-income people

    Legal Protection for Women Divorced Outside the Court in Indonesian Law

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    This article investigates the legal protection of divorced women outside the court from civil and criminal law perspectives. Using a qualitative empirical juridical approach, this study was conducted in Nagari Pasar Tapan, a subdistrict in Pesisir Selatan Regency, West Sumatra, where extra-judicial divorces are still prevalent due to factors such as limited legal literacy, economic hardship, and the lack of access to judicial institutions. The findings indicate that extra-judicial divorce not only causes legal uncertainty in terms of marital status but also deprives women of their post-divorce rights, including maintenance, shared asset division, and child custody. Moreover, informal divorces often expose women to criminal accusations, such as polyandry, as a result of subsequent marriages not recognized by the state. This study emphasizes the importance of legal reforms, including increased awareness of divorce procedures, access to legal aid, and the strategic role of notaries in drafting and legalizing prenuptial agreements. By strengthening the position of women in such vulnerable legal circumstances, the state can fulfill its constitutional mandate to protect the rights of its citizens

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