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Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
Core Subject : Health, Science, Education, Social,
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences
UNES Law Review adalah Jurnal Penelitian Hukum yang dikelola oleh Magister Hukum Pascasarjana, Universitas Ekasakti Padang. Penelitian yang dimuat merupakan pendapat pribadi peneliti dan bukan merupakan pendapat editor. Jurnal terbit secara berkala 4 (empat) kali dalam setahun yaitu September, Desember, Maret, dan Juni. UNES Law Review mulai Volume 4 Nomor 3 Tahun 2022 sampai Volume 9 Nomor 2 Tahun 2027 Reakreditasi Naik Peringkat dari Peringkat 5 ke Peringkat 4 sesuai nomor Akreditasi : 204/E/KPT/2022, 3 Oktober 2022 UNES Law Review is a Legal Research Journal managed by Postgraduate Law Masters, Ekasakti University, Padang. The published research is the personal opinion of the researcher and is not the opinion of the editor. The journal is published periodically 4 (four) times a year, namely September, December, March and June. UNES Law Review Volume 4 Number 3 of 2022 to Volume 9 Number 2 of 2027 Reaccreditation Raised Rank from Rank 5 to Rank 4 according to Accreditation number: 204/E/KPT/2022, 3 October 2022
Arjuna Subject : Umum - Umum
Articles 15 Documents
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Search results for , issue "vol 5 no 1 (2022): unes law review (september 2022)" : 15 Documents clear
IMPLEMENTASI PERMENDAGRI NO.72 TAHUN 2020 DALAM PELAKSANAAN PILKADES SERENTAK DI MASA PANDEMI COVID-19 (Studi di Kabupaten Banyuwangi) Jauhar Nashrullah; Wahyu Miftha Arfansyah
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.282

Abstract

One of the regions in Indonesia that has experienced delays in the Pilkades several times due to government policies and regulatory uncertainty is Banyuwangi Regency. After experiencing uncertainty, finally the Simultaneous Pilkades during the COVID-19 Pandemic has a legal umbrella with the presence of Permendagri No. 72 of 2020. In 2021, the Simultaneous Pilkades in Banyuwangi Regency can finally be held. This research will examine how the implementation of Permendagri No. 72 of 2020 in the implementation of the Simultaneous Pilkades in Banyuwangi Regency in 2021. This research combines normative-empirical, normative data that issupported by the addition of data or empirical elements through a statutory approach and a case approach.materials (primary, secondary, tertiary) collected are then analyzed using content analysis methods The results of the study indicate that the follow-up to the presence of Permendagri No. 72 of 2020, the Banyuwangi Regency Government issues the Banyuwangi Regional Regulation No. 13 of 2021 concerning Implementation Guidelines on Guidelines for Election, Appointment, Inauguration and Dismissal of Village Heads, then the Banyuwangi Regent also issued Decree No. 188/72/Kep/429.011/2021 regarding the formation of district election committees and sub-district committees and based on interviews with representatives of several villages that held Pilkades, basically the implementation of Pilkades in the field has implemented the protocol according to the provisions of Perbup No. 188/72/Kep/429.011/2021. 13 of 2021 and Permendagri No. 72 of 2020. So based on the results of the study it can be concluded that the Banyuwangi Regency Government has implemented Permendagri No. 72 of 2020 is in the implementation of Simultaneous Pilkades in their area.
OPTIMALISASI KEWENANGAN AMICUS CURIAE KOMNAS HAM DALAM PROSES PEMERIKSAAN PERKARA DI PENGADILAN BERDIMENSI HAK ASASI MANUSIA Ridha Wahyuni; Atik Wananti
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.286

Abstract

Komnas HAM as a state institution have authorized by law to provide amicus curiae for legal settlement of public cases with a human rights dimension. Until now, Komnas HAM has carried out this authority, but in practice there are still various obstacles, both external and internal, so that its implementation has not been optimal.This study using a juridical-normative research method, with an analytical-descriptive approach to see how the law works in practice. There is a difference in the views of the judges on the position of the amicus curiae of Komnas HAM which is considered the same as the opinion of the Experts, while the Amicus Curiae is more of an institutional opinion and can be submitted individually, therefore it is necessary to issue SEMA so that there is a common view and understanding for judges in seeing this authority, Second ; UU no. No. 39/1999 on Human Rights has not clearly and firmly regulated the authority of Komnas HAM's amicus curiae, making it difficult for Komnas HAM to draft technical regulations for its implementation.
PERAN SERTA LEMBAGA KERAPATAN ADAT NAGARI DALAM MEWUJUDKAN NAGARI MADANI DI KABUPATEN AGAM Darmini Roza; Teddy Martha
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.288

Abstract

The implementation of the Nagari Madani in Agam Regency is regulated in the Regulation of the Regent of Agam Number 74 of 2016 concerning Guidelines for the Implementation of the Nagari Madani. This research is a legal research with analytical descriptive specifications. The Role of the Nagari Customary Density Institution in Realizing the Nagari Madani in Agam Regency is to participate directly in the Maghrib Koran activities, by giving recitations by the niniak mamak together with the nagari ulama at the end of each evening praying together at the surau. Collecting data on who is entitled to receive zakat for each of their people, and collecting zakat from all people. KAN conducts socialization and provides guidance to the community in every crime prevention activity in the nagari. Organize women and children protection groups by bundo kanduang in collaboration with the police. The obstacle encountered in the participation of the Nagari Customary Density Institution in Realizing the Nagari Madani in Agam Regency is the occurrence of disagreements between the parties. KAN's inability to enforce coercion so that the opinion given is carried out, is one of the obstacles that KAN encounters, especially the unavailability of devices capable of carrying out coercive measures against the results of the decision. In crime prevention activities, it is often found that KAN elements are arrogant so that they interfere with KAN's performance in the success of Nagari Madani activities. The existence of a conflict between the Wali Nagari and the Nagari Representative Council (DPN) and KAN is an inhibiting factor in the implementation of the Nagari Madani movement in Agam Regency.
AZAS CONTRADICTOIRE DELIMITATIE DALAM PENDAFTARAN TANAH Ferdy Nugraha
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.289

Abstract

The principle of contradictoire delimitatie is a rule in the land registration process where there is an agreement between the land owner and the owner of the adjacent land parcels. The Land Office of the Mentawai Islands Regency received Land Registration activities and experienced an increase in volume from 2017 to 2021. In its implementation, does it meet the principles of the contradictoire delimitatie principle as a whole. The research method used is an empirical juridical legal research method using several legal theories as an analytical knife. The results showed that the application of the contradictoire delimitatie principle in land registration experienced two conditions, namely implemented and not implemented. The contradictoire delimitatie principle which is not implemented has several impacts, namely the absence of legal certainty and legal protection for the subject and object of the land parcel. As for the creation of the principle of contradictoire delimitatie as a whole, it is necessary to carry out a movement to install joint boundary markings as a form of orderly land administration.
IMPLIKASI YURIDIS PERATURAN KEJAKSAAN REPUBLIK INDONESIA NOMOR 15 TAHUN 2020 TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF TERHADAP TERSANGKA TINDAK PIDANA Otong Rosadi; Aswad Satria
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.294

Abstract

The Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is the legal basis used by the Republic of Indonesia Prosecutor's Office in resolving minor crimes through restorative. Based on this regulation, the Pariaman District Prosecutor's Office for the last 2 (two) years from 2020 to June 2022 succeeded in resolving criminal acts that occurred with the concept of Restorative Justice as part of law enforcement. two) cases, 2 (two) cases of torture. The approach used in this study is a normative juridical approach which is supported by an empirical juridical approach. The data used are secondary data as the main data and primary data as supporting data, which were collected through library research and field studies with interview techniques. All data were then compiled and analyzed qualitatively, and presented in a qualitative descriptive form. Results Based on the research it can be explained that: First, the Juridical Implications of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice Against Criminal Suspects, the Pariaman District Prosecutor's Office succeeded in committing 4 (four) criminal acts throughout 2020 until June 2022 with the Restorative Justice Method. However, only 2 (two) criminal acts ended peacefully and did not proceed to the District Court. Second, the obstacles faced by the Prosecutor's Office in implementing the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice against suspects of criminal acts consist of legal and non-legal obstacles. The legal obstacle is that the position of the prosecutor's regulation itself is not strong enough because the process of delaying the regulation is only regulated by a Ministerial-level regulation. Non-legal constraints have 2 (two) parts, namely Internal and External Constraints
KOMUNIKASI INTERPERSONAL ANTAR ETNIS (Studi Kasus Komunikasi Antar Personal Etnis Nias, Mentawai, dan Minang di Kampus Universitas Ekasakti) Syaiful Ardi
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.296

Abstract

Ethnic is a social group that has the same cultural and historical traditions, and because of that similarity they have an identity as a subgroup in a wider society. Usually the members of these groups are different from the culture of the people around them because they have certain cultural characteristics from other members of the community such as having their own language, customs, and even their own religion. In this ethnicity or culture, there are many differences such as in terms of religion, language, race and ethnicity. Even intercultural communication is a process of sharing information, ideas or feelings among those with different cultural backgrounds. This study used qualitative research methods. The research subjects were selected using a purposive sampling technique, namely 5 from the Nias ethnic group, 5 from the Mentawai ethnic group and 5 from the Minang ethnic group. To get the data, the writer uses 4 data collection techniques, namely participatory observation (passive, moderate, active and complete participation), interviews, and document studies. The results of this study indicate that interpersonal communication theory becomes a process of interaction between two people which is carried out face to face or through the media. Therefore, in other words, a dialogue or conversation that occurs between two people is personal, direct and intimate. Interpersonal communication (interpersonal) in a different culture between the Nias, Mentawai and Minang ethnic groups is not entirely applied in life, even from these ethnic differences there are still misunderstandings that occur. The way so that there are no more misunderstandings between ethnic groups, then between ethnic groups can maintain inter-ethnic harmony, namely not mocking each other, not blaming each other and should understand each other. Constraints in interpersonal communication between ethnic groups in the form of communicating or associating. To prevent this from happening, the efforts made are to recognize each other, interact a lot between ethnicities, and even do positive activities together. So that misunderstandings in communication do not occur.
PENYELESAIAN SENGKETA TANAH MILIK ADAT MELALUI MEDIASI (Studi Kasus pada Kantor Pertanahan Kota Solok) Devirianti Effendi; Yenni Fitria
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.297

Abstract

Customary land disputes arise because of a concrete relationship between people (legal entities) and their land. The relationship is in the form of use, utilization, ownership and interest, which can lead to disputes. Disputes can be resolved through peaceful means, one of which is mediation, but with the rule of law regarding mediation, its implementation has not been effective because it is seen from the level of dispute resolution through mediation at the Solok City Land Office and the success rate is still low. This research is descriptive in nature using the approach method as the main approach by collecting the necessary literature in the form of books, internet sites and legislation on mediation, the National Land Agency, and is supported by an empirical juridical approach and supported by an empirical juridical approach. The problems that the author discusses are First, How is the implementation of mediation in handling and resolving cases of customary land disputes at the Land Office of Solok City, Second, what are the obstacles faced in resolving disputes through mediation, Third, what laws are carried out in resolving the dispute
PENERAPAN ASAS PUBLISITAS PADA PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KOTA SAWAHLUNTO PROVINSI SUMATERA BARAT Wahyu Perkasa Oktavio
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.299

Abstract

Land registration is important as evidence of strong rights to land rights and to provide legal certainty regarding land rights, as regulated in Article 19 paragraph (1) UUPA. Announcement of the status of ownership of land rights is the principle of publicity in the implementation of land registration. One of the important issues related to legal certainty in the implementation of land registration is the principle of publicity. This principle regulates and guarantees proof of ownership of land rights where each application for registration must be carried out by the announcement of physical data and juridical data for a certain time. The implementation of PTSL 2019 in West Sumatra, one of which is Sawahlunto City, which has been carried out in Tumpuk Tangah Village, Talawi District. This research is a legal research with a descriptive analytical research specification with a normative juridical approach as the main approach and supported by an empirical juridical approach. So it can be concluded how the application of the principle of publicity to the complete systematic land registration in the City of Sawahlunto, West Sumatra Province and the legal impact if the principle of publicity is not applied
PERLINDUNGAN HUKUM TERHADAP PROFESI DOKTER DALAM MELAKUKAN TINDAKAN MEDIS Emilzon T
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.301

Abstract

Article 27 of Law Number 36 of 2009 concerning Health which states that health workers are entitled to compensation and legal protection in carrying out their duties in accordance with their profession. The approach used is a normative juridical approach which is supported by an empirical juridical approach. Forms of legal protection for the medical profession in carrying out medical actions based on the health law at the Central General Hospital Dr M.Djamil Padang are: 1) Preventive legal protection 2) Progressive legal protection, namely if a doctor makes a mistake in the hospital, then assistance is given law. The legal aid in question is if mediation can be carried out in this case, then mediation will be carried out, if the problem is brought to the court, legal assistance will be provided such as the procurement of a legal team from the dr. M. Djamil Padang, or by bringing in a lawyer from outside or the Ministry of Health. Every medical practice is required to have a medical record, which is a file containing notes and documents regarding the patient's identity, examination, treatment, actions and other services that have been provided to patients. The obstacles found in the legal protection of the doctor's profession in carrying out medical actions at the Dr. M.Djamil Padang General Hospital are: 1) Doctors do not have a media where doctors complain about the rights and obligations of doctors that have been regulated in the health law; 2) Lack of knowledge of some doctors regarding their rights and obligations as doctors, that their rights and obligations have been regulated in the Health Act; 3) Standard Operating Procedures are not up-to-date or have medical personnel but do not have sufficient time to disseminate information on SOPs; 4) the quality standard of medical personnel needs to be improved.
FUNGSI IDENTIFIKASI CEK FISIK KENDARAAN BERMOTOR SEBAGAI UPAYA UNTUK MENGUNGKAP TINDAK PIDANA PENCURIAN Jamalluddin Jamalluddin
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.302

Abstract

Article 64 and 65 of Law Number 22 Year 2009 concerning Road Traffic and Transportation, Part Seven Registration and Identification of Motorized Vehicles explains that every vehicle must be registered. This research is a legal research with a descriptive analytical specification. The function of identification of a motor vehicle physical check by the Pariaman One-Stop Manunggal Administration System in uncovering the crime of theft is as supporting evidence that proves that there is a relationship between evidence in the form of a motorized vehicle that is secured by investigators as the object of theft with the crime of theft being investigated. handled by investigators. The purpose of the physical check is as an effort to reveal crimes related to motorized vehicles because it is possible for the perpetrators to make combinations between the crime machines and vehicles that are physically unfit for use. Types of physical vehicle checks include the chassis and engine number because the chassis and engine number are the basis for making a Motorized Vehicle Registration Certificate and Proof of Ownership of a Motorized Vehicle. The mechanism for identifying physical checks of motorized vehicles as an effort to uncover criminal acts of theft by the Pariaman City One-Stop Manunggal Administration System are: 1) checking/checking the Vehicle Number Certificate (STNK) is matched with what is written in the vehicle documents with the outer physical condition of the vehicle such as type of vehicle, vehicle paint and so on. 2) Check the vehicle engine number. If the engine number contained in the STNK does not match the physical number on the vehicle engine, it can be concluded that there is a forgery or copying of the engine or vehicle. 3) Test vehicle.

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