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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 10 Documents
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Search results for , issue "Vol. 2 No. 4 (2020)" : 10 Documents clear
KEBIJAKAN HUKUM DI TENGAH PENANGANAN WABAH CORONA VIRUS DISEASE (COVID-19) Julaiddin, Julaiddin; Sari, Henny Puspita
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.123

Abstract

The handling of Covid-19 nationally is a unified action born of a comprehensive strategic policy. This policy should address the current state and anticipate its impact later. The efforts currently undertaken by the Government are: social distancing/physical distancing policy, protection for healthcare workers as the front guard, social restrictions on large-scale, government transparency in the handling of Covid-19 pandemic, the validity of the test result data. For the treatment of this Covid-19 outbreak, law enforcement became one of the steps chosen by the government. The police officers are tasked with dissolving crowds, dealing with a liar or hoax, as well as a hoarders of staple material. In addition the police have also prepared a criminal threat for the violating community, the sanctions are in the information on the number of police in Mak/2/III/2020 regarding compliance with government policy in handling the spread of Corona Virus (Covid-19) and other forms of infringement or crime that may occur during PSBB in Kapolri Telegram mail number ST/1098/IV.
KEBIJAKAN PEMERINTAH PROVINSI JAMBI KABUPATEN MERANGIN TENTANG SUKU ANAK DALAM Bakhtiar, Riswanto; Anshar, Sayid; Zumiarti, Zumiarti; Fitri, Annisa; Prayitno, Rangga
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.128

Abstract

The policy of the jambi regency provincial government regulates the ethnicity of children based on Law No. 6 of 2014 concerning Villages; Permendagri No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous and Tribal Peoples; and Ministry of Social Decree Number 187 / Huk / 2018 Concerning Determination of Social Empowerment Locations for Remote Indigenous Communities in 2019. Based on these regulations the regency government has issued a program specifically for the Suku Anak Dalam (SAD), namely the Remote Welfare Development Program (PKSMT) . Where there are 5 programs that have been targeted, but of the five PKSMT programs that are running there are only 4 programs, namely: (a) Settlements, (b) Smart Houses, (c) Empowerment, (d) Health.
OPTIMALISASI PERAN DIREKTORAT PENGAMANAN OBJEK VITAL POLDA SUMBAR DALAM PENANGGULANGAN TINDAK PIDANA YANG DILAKUKAN PREMAN DI OBYEK WISATA KOTA PADANG Suryadi, Arief
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.131

Abstract

Throughout 2016 to 2018 there were 29 cases of criminal acts committed by thugs in vital tourism objects in the city of Padang. Thug Handling of Tourism Objects in Padang City By Pam Obvit West Sumatra Regional Police is conducted by conducting raids or inspections by officers of the Padang City tourism area. Constraints in Tackling Thugs in Tourism Objects in Padang City By Pam Obvit West Sumatra Regional Police is a factor in human resources / lack of personnel, lack of community participation / management of attractions. Efforts Made by the Directorate of Safeguarding Vital Objects in Overcoming Barriers to Safeguarding Tourism Objects against Thugs in the City of Padang tourist area is to increase Human Resources or the Number of Police Personnel by empowering the local Bhabinkamtibmas, Increasing community participation / management of tourism objects. Optimizing the Role of West Sumatra Regional Police Obvit Pam in the Thugs Repacking in Tourism Objects in Padang City with collaborative efforts between the police and the community through police synergy where both together identify and solve the occurrence of thug problems.
PERTIMBANGAN HAKIM TINGKAT BANDING DALAM MENERAPKAN UNSUR-UNSUR PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI (Studi Putusan No. 3/TIPIKOR/2016/PT PDG dan No. 9/ TIPIKOR/ 2017/PT PDG) Rinaldi, Rinaldi; Rosmely, Wirna
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.132

Abstract

The law governing criminal acts of corruption is Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption. Corruption crime regulated by Law Number 31 of 1999 consists of various forms / types. In writing this thesis, the author conducts research on corruption cases as referred to in decision Number 3 / TIPIKOR / 2016 / PT PDG and Number 9 / TIPIKOR / 2017 / PT PDG. From the results of the study, the first conclusion was obtained that the consideration of the appellate level judges in applying the elements of Article 2 and Article 3, that in Decision Number 3 / TIPIKOR / 2016 / PT PDG, was the legal judgment of the First Level Judge in its decision that could be approved and corroborated by the Level Judge Appeals, except in the case of conviction for the Defendant, according to the Judge of the Level of Appeals the imposed criminal sentence needs to be aggravated and there are still incriminating matters for the Defendant that have not been considered by the First Level Judge. Criminal application by the Court of Appeal Court is to improve the decision of the First Level Court which imprisonment for 2 (two) years and 6 (six) months and improvement of imprisonment for 3 (three) years and a fine of Rp 50,000,000 (fifty) million rupiahs) subsidair criminal confinement for 2 (two) months. Judge's consideration in Decision Number 9 / TIPIKOR / 2017 / PT PDG, is that the Panel of Appeal Judges has considered Article 2 with elements of a criminal offense committed by the defendant. The Appellate Court Judges disagree with the decision of the First Level Court regarding the Acts of the Defendants in violation of Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption. Based on the results of the examination of legal facts in the trial and the consideration of the Panel of Appellate Judges with the Primair indictment proved and fulfilled all elements of Article 2 paragraph (1) Juncto Article 18 paragraph (1) letter b paragraph (2) and paragraph (3) of Law Number 31 of 1999. The application of the criminal sentence dropped to Defendants II and IV for 4 years and fined Rp. 200,000,000.00 (two hundred million rupiah).
PENERAPAN UNSUR TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI HASIL TINDAK PIDANA NARKOTIKA PADA TINGKAT PENYIDIKAN (Studi Pada BNNP dan Ditresnarkoba Polda Sumbar) Kusnedi, Kusnedi
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.133

Abstract

The crime of money laundering does not stand alone because the assets placed by integration are obtained from a crime. The investigator has the authority to submit an application to the District Court so that the court decides assets that are known or reasonably suspected to be the result of narcotics crime being assets of the State or returned to those entitled under Article 137 letter (a) of Law Number 35 Year 2009 regarding Narcotics, Article 3, 4, and 5 paragraph (1) of Law Number 8 of 2010 concerning the prevention and eradication of criminal acts of laundering. This has an impact on pinyidik ​​at BNNP and the Directorate the West Sumatra Regional Police in proving the element of money laundering which is allegedly the result of narcotics crime. Application of elements of laundering money derived from proceeds of crime, narcotics based on Article 137 (a) Law of the Republic of Indonesia Number 35 Year 2009 on Narcotics, Articles 3, 4, and 5, paragraph (1) of the Act Republic of Indonesia Number 8 Year 2010. Constraints are faced by investigators BNNP namely: a) Constraints internal factors, and b) constraint factors external. Efforts were made to overcome the obstacles by the investigation BNNP, namely: a) attempts to overcome internal factor constraints faced by investigators BNNP in combating money laundering based narcotic crime, and b) the efforts made to overcome external factor constraints by BNNP investigators in eradicating money laundering which is based on narcotics crime.
PEMETAAN DAN ANALISA KONFLIK ANTARA MASYARAKAT DESA MENAMANG KIRI DAN PT SURYA HUTANI JAYA KABUPATEN KUTAI KARTANEGARA KALIMANTAN TIMUR Gantika, Naldi
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.134

Abstract

The urge for a peaceful and fair settlement of forestry conflicts also encourages business actors in the Indonesian forestry sector to develop conflict resolution mechanisms through dialogue and mediation processes through both mandatory (mandatory) and voluntary (voluntary) mechanisms. The commitment to apply the principle of FPIC (Free, Prior and Informed Consent) or free consent without coercion along its industrial supply chain (Supply Chain) has been declared by plantation companies under the banner of the APP (Asian Pulp and Paper) or Sinar Mas forestry (SMF) group and the APRIL group (Asia Pacific Resources International Limited). Not only that, the commitment to maintaining High Conservation Values ​​contained in the company's work area was also expressed by the two major groups of players in the plantation forest industry in Indonesia. This condition has created opportunities for improved access and relations between the conflicting parties. In East Kalimantan, Conflict Mapping and Analysis was carried out in Menamang Kiri Village, Muara Kaman District, Kutai Kertanegara Regency. In the spatial mapping analysis that was carried out, part of the village of Menamang Kiri was within the concession of PT Surya Hutani Jaya (PT SRH), a wood supplier to APP. Mapping and Conflict Analysis is focused on extracting information related to governance and land management by PT SRH and the people of Menamang Kiri Village, conflicts or potential conflicts that arise and the parties involved, the perceptions of each party related to differences in interests, and policy analysis.
PERLINDUNGAN KONSUMEN ATAS KERUGIAN PELAYANAN DAN KENAIKAN BIAYA INDIHOME DI KOTA PADANG Febryan, Vony
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.135

Abstract

The problems discussed:How are consumers protection for service losses and increased indihome costs in padang city? How are Dispute resolution of consumer in service losses and increased of indihome costs?This research is Descriptive analytical, normative juridical and empirical juridical approach conducted in Padang city By using interview consumers, and manager of customer care (PT) Telecommunications Indonesia Regional of Padang. The results of this researchConsumer protection for the loss of service and an increase in the cost of Indihome in the city of Padang that the consumer has not fully obtained legal protection, because PT. Telkom only cancel Internet content Catchplay service To prevent future charges from appearing, An Indihome service fee increases that the charge is still charged to the consumer. In the absence of compensation from PT. Telkom, consumers are Highly harmed.Dispute resolution of consumer Loss of service and increase of indihome costs is the consumer only signed a statement letter containing the release of PT. Telkom City of Padang demands,PT.TELKOM does not conduct deliberations in accordance with the provisions Indihome Contract subscription regarding the settlement of disputes between PT. Kota Padang Telkom with the customer must be resolved by means of deliberation.
IMPLEMENTASI PRINSIP RESTORATIVE JUSTICE BERDASARKAN VICTIM ORIENTED DALAM DIVERSI GUNA PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK (Studi Pada Unit PPA Satreskrim Polres Pesisir Selatan) Dinata, Umar
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.136

Abstract

Victim-oriented restorative approaches to diversion have not yet been fully implemented. In practice the results of diversion pay more attention to the interests of the perpetrators than the interests of the victims. The diversion agreement obtained is in the form of a return on losses in the event of a victim; medical and psychosocial rehabilitation; Submission to parents / guardians; participation in education or training in educational institutions or LPKS (Institutions of all forms of agreement above are still oriented to the perpetrators. Recovery of victims is only a stipulated requirement as far as possible to distance the perpetrators from punishment. obstacles in applying the victim-oriented concept of restorative justice, namely: Family attitudes the victim in his participation resolved the case through the concept of Restorative Justice and there was pressure from the investigator against the victim to accept the results of the diversion.
PENYIDIKAN TERHADAP KEPALA DESA YANG DENGAN SENGAJA MELAKUKAN TINDAKAN YANG MENGUNTUNGKAN SALAH SATU PASANGAN CALON PADA SENTRA PENEGAKAN HUKUM TERPADU (Studi Pada Satuan Reserse Kriminal Kepolisian Resor Pariaman) Akbar, Alva Zakya
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.139

Abstract

canditates are criminal acts regulated in Article 71 paragraph (1) and Article 188 of Law Number 10 Year 2016 concerning the Election of Governors, Regents and Mayors. In the election of Mayor Pariaman in 2018 there was a criminal offense due to the election of the state officials, namely the Village Head who during the face-to-face campaign between the community and the candidate pair gave remarks containing the invitation to choose the candidate pair. As a result of these actions, the Village Head was reported to the Gakkumdu Center for the Pariaman City Election Supervisory Committe and subsequently forwarded to the Pariaman Police Secretariat with Number: LP / B / 57 / III / 2018 / SPKT / Polres on March 29, 2018 for an investigation.
KEBERADAAN FORUM KOORDINASI KEPEMIMPINAN (FORKOPIMDA) PADA SISTEM PEMERINTAH DAERAH DI KABUPATEN TANAH DATAR Kuntjoro, Bagus Tri
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.140

Abstract

The Regional Leadership Coordination Forum, hereinafter referred to as Forkopimda, is a forum used to discuss the implementation of general government affairs. In accordance with article 26 of Law No. 23 of 2014 stated that the District Forkopimda was led by the Regent with members including the DPRD Chairperson, the Police Chief, the Prosecutor's Office and the territorial leadership of the TNI in the regions. The issues raised as the subject of this research study are: First, What is the existence of the Regional Leadership Coordination Forum (FORKOPIMDA) in the regional government system? Second, how is the existence of the Regional Leadership Coordination Forum (FORKOPIMDA) in order to maintain stability in the region in terms of ideology, politics, economy, social culture, and defense and security. This research is an analytical descriptive research with normative juridical approach supported by empirical juridical research. The data used are secondary and primary data collected through literature studies and interviews, analyzed qualitatively to get answers about the existence of the Regional Leadership Coordination Forum in the government system in Tanah Datar District which is the study of this study. Based on the results of research and discussion, it can be concluded that the Regional Leadership Coordination Forum (Forkopimda) Tanah District has the role and duty of fostering, maintaining peace and order of the community against the possibility of the threat of national stability and stability of Tanah Datar regency carried out through FORKOPIMDA meetings and activities field observations both periodically and incidentally by looking at events or problems that arise in the Tanah Datar District. While the existence of the Regional Leadership Coordination Forum (Forkopimda) of Tanah Datar District was very much felt and assisted the Tanah Datar Regency Government in creating security, order and legal certainty in community life and ensuring the implementation of development in Tanah Datar District which had the slogan "Adat Basandi Syarak, Syarak Basandi Kitabbullah "which in turn can improve the welfare of the people of Tanah Datar District.

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