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Iyah Faniyah
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editor.unesreview@gmail.com
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JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
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INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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 20 Documents
Search results for , issue "Vol. 4 No. 4 (2022)" : 20 Documents clear
EFEKTIVITAS PENERAPAN CUSTOMER DUE DILLIGENCE PADA NASABAH BPR DALAM PENCEGAHAN PENCUCIAN UANG DI BATAM Leslyn Kho; Tantimin Tantimin
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.251

Abstract

Banks are financial institutions that are quite needed by the community. Banks are characterized as insufficient domestic resources of domestic enterprises, low degree of structural transformation, inefficient government support, lack of policies to stimulate investors, imperfect legislative framework, high credit risk, associated with insufficient solvency of enterprises, underdevelopment of innovation and investment infrastructure. With the ease of facilities provided by banks, including the confidentiality of transactions, it is not surprising that many experienced actors use banking as a medium for money laundering. Even so, banks also have ways to prevent these criminal acts, one of which is through Cuctomer Due Dilligence (hereinafter abbreviated as CDD). This research method is carried out using empirical research methods with the research location being BPR in Batam. The results showed that at BPR Batam, CDD was carried out by updating data every 1 (one) year for customers with low to moderate risk. Meanwhile for high risk customers, CDD is conducted every 6 (six) months. The application of CDD at BPR Batam has proven to be effective in preventing money laundering practices. Regular updates allow banks to monitor each customer and their transactions. The effectiveness of the implementation of CDD is proven because there has never been any money laundering practice committed by customers at BPR Batam.
ANALISIS DUGAAN PRAKTEK JUAL RUGI PRODUK IMPOR MELALUI SITUS E-COMMERCE SHOPEE Adinda Suci Rahayu; Suherman Suherman
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.264

Abstract

Technology that is increasingly developing brings about a variety of changes in people's lives, one of which is in the trade sector. The changes in the trade sector have been marked by the advent of e-commerce, which has greatly benefited the community in terms of facilitating buying and selling transactions. Unfortunately, this change has also created some problems related to business competition, such as the alleged of predatory pricing by imported products on the e-commerce site Shopee, as described in Article 20 No. 5 of 1999 regarding Prohibition of Monopoly and Unfair Bussiness Practices. The purpose of this study is to determine the truth behind the phenomenon of selling-buying practices and how the measures taken by the Komisi Pengawas Persaingan Usaha (KPPU). Since this is a qualitative study using the normative jurisprudential method, the sources used come from both library data and primary, secondary, and tertiary legal materials. The results of this study state that foreign businesses selling inexpensive imported goods on the e-commerce site Shopee do not practice deficit selling. Despite the prices of the imported products listed are cheaper than the local products, but there are factors that basically affect those prices. In addition, this approach does not satisfy the monopoly factor. Moreover, the first action was taken by the KPPU was to discuss the matter with the government, which has prepared several steps for the future.
IMPLICATIONS OF IMPLEMENTING EDUCATION AND LEARNING IN HIGHER EDUCATION INSTITUTIONS POST COVID-19: OVERVIEW OF CHALLENGES AND STRATEGIC POLICIES Baso Iping
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.272

Abstract

This study aims to find out how the challenges of higher education institutions are after the Covid-19 pandemic and what are the strategic policies of higher education institutions in the implementation of post-covid-19 education and learning. The method used is descriptive method and the data collection method is through field research and literature. The data were then analyzed descriptively qualitatively. The results obtained: First, the challenges of higher education institutions after the Covid 19 pandemic are: (a) Closing of educational institutions; (b) Creation of learning materials or content; (c) The level of achievement of learning targets is not optimal; (d) The online lecture system has not been fully followed by adequate lecturer capacity; and (e) The transformation of digital learning also has the effect of fatigue conditions and increased stress. Second, various strategies for educational institutions after the Covid-19 pandemic are: (a) Lecturers and students must improve internet and computer literacy skills; (b) Redefining learning outcomes: (c) Lecturers must ensure the readiness of lecture materials with perspective; (d) Determine the duration of each learning unit: (e) Assessment in the form of quizzes and independent assignments must be ready; and (f) Campuses must prepare sufficient infrastructure and bandwidth.
PERTIMBANGAN HAKIM DALAM PENYELESAIAN SENGKETA TANAH PUSAKO TINGGI (Analisis Putusan Nomor 32/Pdt.G/2020/PN. Pdg) Devirianti Effendi; Yenni Fitria
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.281

Abstract

Inheritance property is anything left by a person who dies whether the property belongs to him or belongs to someone else. According to INPRES No. 1 of 1999 concerning the Compilation of Islamic Law (KHI) article 171 paragraph a Inheritance law is the law that regulates the transfer of ownership rights to the inheritance (tirkah) of the heirs, determining who is entitled to become heirs and how much of each. Socio-economic and cultural changes have shifted people's perspective on the world, including their orientation and views on the Minangkabau social system, touches of modernization with a capitalist economic style. However, it is related to inheritance and property ownership issues, usually assets are inherited by mamak (uncle) to nephews (sisters) or maternally, by pressing economic needs and changing views on property. This makes a conflict or dispute over inheritance, namely the high pusako land in a tribe or tribe in Minang-Kabau. The problems discussed are, first, how is the judge's consideration in resolving the high pusako land dispute? second What are the legal obstacles in the settlement of the high pusako land dispute? The approach method used in this study is the author uses a normative juridical approach to the problem under study, namely the decision Number 32\Pdt G/2020/PN.Pdg.
UPAYA MEDIASI DALAM PENYELESAIAN SENGKETA EKONOMI SYARI’AH DI PENGADILAN AGAMA PADANG KELAS IA Iyah Faniyah; Evi Sumarni
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.284

Abstract

The Religious Courts based on Article 49 of the Law on Religious Courts have expanded their authority to settle sharia economic cases. Based on Article 10 of PERMA Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Disputes, it is emphasized that judges in ordinary examination procedures must seek reconciliation through mediation. In practice, mediation efforts are often unsuccessful, as happened in the Padang Religious Court, of the 4 sharia economic cases that were entered, only one case was successfully mediated. Based on the results of the research, discussion and analysis, it can be concluded: first, mediation efforts in resolving Sharia economic disputes at the Padang Religious Court are mediators using informative, educative and persuasive methods. In the Padang Religious Court, there are internal factors: (1) mediators from judges who do not have certificates, (2) mediation seems only a formality, External factors: (1) litigants who are reluctant to be mediated, (2) The place to hold mediation is not yet conducive so it is not comfortable to negotiate
EFEKTIVITAS PENERAPAN CUSTOMER DUE DILLIGENCE PADA NASABAH BPR DALAM PENCEGAHAN PENCUCIAN UANG DI BATAM Kho, Leslyn; Tantimin, Tantimin
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.251

Abstract

Banks are financial institutions that are quite needed by the community. Banks are characterized as insufficient domestic resources of domestic enterprises, low degree of structural transformation, inefficient government support, lack of policies to stimulate investors, imperfect legislative framework, high credit risk, associated with insufficient solvency of enterprises, underdevelopment of innovation and investment infrastructure. With the ease of facilities provided by banks, including the confidentiality of transactions, it is not surprising that many experienced actors use banking as a medium for money laundering. Even so, banks also have ways to prevent these criminal acts, one of which is through Cuctomer Due Dilligence (hereinafter abbreviated as CDD). This research method is carried out using empirical research methods with the research location being BPR in Batam. The results showed that at BPR Batam, CDD was carried out by updating data every 1 (one) year for customers with low to moderate risk. Meanwhile for high risk customers, CDD is conducted every 6 (six) months. The application of CDD at BPR Batam has proven to be effective in preventing money laundering practices. Regular updates allow banks to monitor each customer and their transactions. The effectiveness of the implementation of CDD is proven because there has never been any money laundering practice committed by customers at BPR Batam.
ANALISIS DUGAAN PRAKTEK JUAL RUGI PRODUK IMPOR MELALUI SITUS E-COMMERCE SHOPEE Suci Rahayu, Adinda; Suherman, Suherman
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.264

Abstract

Technology that is increasingly developing brings about a variety of changes in people's lives, one of which is in the trade sector. The changes in the trade sector have been marked by the advent of e-commerce, which has greatly benefited the community in terms of facilitating buying and selling transactions. Unfortunately, this change has also created some problems related to business competition, such as the alleged of predatory pricing by imported products on the e-commerce site Shopee, as described in Article 20 No. 5 of 1999 regarding Prohibition of Monopoly and Unfair Bussiness Practices. The purpose of this study is to determine the truth behind the phenomenon of selling-buying practices and how the measures taken by the Komisi Pengawas Persaingan Usaha (KPPU). Since this is a qualitative study using the normative jurisprudential method, the sources used come from both library data and primary, secondary, and tertiary legal materials. The results of this study state that foreign businesses selling inexpensive imported goods on the e-commerce site Shopee do not practice deficit selling. Despite the prices of the imported products listed are cheaper than the local products, but there are factors that basically affect those prices. In addition, this approach does not satisfy the monopoly factor. Moreover, the first action was taken by the KPPU was to discuss the matter with the government, which has prepared several steps for the future.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN JACKPOT DI WILAYAH KOTA MEDAN Yudarwin, Yudarwin; Martua Sn, Sahat; Nazara, Ruthea; Sipahutar, Theresia
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.267

Abstract

Gambling is betting an amount of money where the winner gets the bet money, as a form of game that is profitable for the main participants, and also all kinds of bets where those involved are not directly involved in the competition, including all kinds of other bets. Gambling is one of the criminal acts in Indonesia that is very disturbing to the public and needs to be eradicated more deeply. Nowadays, jackpot gambling is very common. Where the players range from adults, teenagers and minors, to women. Gambling no longer looks at age and gender. What's more, there are those who make this jackpot gambling their main livelihood. Therefore, the author wants to discuss more deeply about jackpot gambling. The author would like to study further about the crime of jackpot gambling with the title Thesis: "LAW ENFORCEMENT AGAINST THE CRIMINAL ACT OF JACKPOT GAMING IN THE CITY AREA". The purpose of this study is to find out how law enforcement against jackpot gambling crimes in the Medan city area according to article 303 of the Criminal Code and to find out what factors influence/cause the occurrence of gambling crimes among the community.
ANALISI PUTUSAN NOMOR 959/Pdt.P/2020/PN. Bdg. TENTANG PERKAWINAN BEDA AGAMAANALISI PUTUSAN NOMOR 959/Pdt.P/2020/PN. Bdg. TENTANG PERKAWINAN BEDA AGAMA Ananda, Berlian; Rizki, Rizki; Bangun, Dandi
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.269

Abstract

Basically, humans were created to live in pairs or to marry, namely men and women. In Indonesia there are various ethnic groups, races and religions. These differences will affect the marriage between men and women that will be carried out. In fact, it has become a common thing if there are parties who carry out interfaith marriages. The rules regarding marriage are regulated in Law no. 1 of 1974 concerning Marriage. However, these regulations are not explicitly regulated regarding marriages of different religions. The purpose of this study is to understand the arrangement of judges in interfaith marriages, understand the judge's considerations in the decision Number 959/Pdt.P/2020/PN. cf. and to understand the legal consequences that will occur. This research uses a normative juridical system. The data sources used are secondary data by processing data from primary legal materials and secondary legal materials. In the form of laws, books on civil procedural law, opinions of legal experts and theses. The results of this study are interfaith marriages which are recognized by state law if they carry out civil registration, contained in Article 37 of the Law on Population Administration, but are not legal according to religion. Parties of different religions cannot carry out marriages based on the ordinance of religious marriages, there are religious differences.
TINDAK PIDANA DAN KONSEP HAK ASASI MANUSIA TERHADAP PENJUALAN ORANG (HUMAN TRAFFICKING) TERUTAMA PADA ANAK DAN PERMEPUAN Trivaldus Bambar, Atanasio
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.270

Abstract

Tindak pidana perdagangan orang merupakan merupakan kejahatan yang terorganisir secara sistematis, dimana orang-orang yang termasuk didalamnya memiliki kepentingan-kepentingan secara pribadi dan atau kelompok. Tindak pidana perdagangan orang ini juga dikategorikan sebagai kejahatan yang melanggar HAM seseorang, dimana para pelaku menjajakan orang-orang untuk menjadi pekerja-pekerja yang memberikan keuntungan bagi mereka. Oleh karena itu, kajian yang diangkat ini merupakan langkah yang diharapkan bisa menjadi salah satu cara untuk memberantas tindak pidana perdagangan orang.

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