Unes Law Review
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
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<![CDATA[PELANGGARAN HAK ASASI MANUSIA PADA DEMONSTRAN KUDETA MYANMAR DITINJAU DARI PERSPEKTIF DEKLARASI UNIVERSAL HAK ASASI MANUSIA (DUHAM) ]]>
<![CDATA[Fernando Tampubolon, Daud Mahaldi]]>;
<![CDATA[Pulung Sari, Retno Dewi]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.271
<![CDATA[The Myanmar coup repeated itself in 2020 after it occurred in 1990 when Suu Kyi won the general election for the head of government from the NLD party. Triggered military unrest in Myanmar and carried out a leadership coup again, and arrested Suu Kyi for indications of fraud committed when the election will hold. The incident started a demonstration by the community against the Dimyanmar anti-coup was create chaos in the state of Myanmar. There have been many rejections made by the people of Myanmar towards the military intervention carried out at this time. As a result of this refusal, the military did inhuman things, such as arresting and shooting at demonstrators who demonstrated with the gimmick of security measures. They indicate the gross human rights violations that the military is currently confirming. After all, it has committed arbitrary actions against the protester and never underestimated. Hundreds of people get shot, and many are still unknown because they become hostages. On this basis, it is necessary to carry out a comprehensive study of the events that have occurred when there are victims who have fallen. Considering that legally the right to express an opinion is a fundamental right recognized by the ICCPR and DUHAM as the vanguard of the UN's seriousness in carrying out the mandate of recognizing human rights as a right. nature that is recognized and upheld.)]]>
<![CDATA[IMPLICATIONS OF IMPLEMENTING EDUCATION AND LEARNING IN HIGHER EDUCATION INSTITUTIONS POST COVID-19: OVERVIEW OF CHALLENGES AND STRATEGIC POLICIES ]]>
<![CDATA[Iping, Baso]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.272
<![CDATA[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.]]>
<![CDATA[PENERAPAN PRINSIP KEADILAN RESTORATIF DALAM PENYIDIKAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK PADA PONDOK PESANTREN NURUL IKHLAS (Studi Kasus Pada Unit PPA Polres Padang Panjang) ]]>
<![CDATA[Noval, Cepi]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.273
<![CDATA[The obligation of restorative justice in children's cases is a necessity for investigators. This is confirmed in Article 5 of the SPPA Law. However, in its implementation it encountered challenges, especially at the investigation level, such as the case of the persecution that occurred at the Nurul Ikhlas Islamic Boarding School as reported by the police report LP/05/II/SPKT II/2019/Sek X Koto. In order to realize restorative action, investigators received a confession from the victim's family. Although the application of the principle of restorative justice is a must for law enforcement in the interests of children, it cannot be denied that there are still weaknesses in its implementation. The application of the principle of restorative justice in the investigation of criminal acts in the police report number LP/05/II/SPKT II/2019/Sek X Koto, investigators apply the principle of restorative justice to the investigation by involving the TP2TPA for legal services. Furthermore, at the investigation stage, they did not detain the perpetrator and approached the victim's family to accept the offer from the child perpetrator even though he received a reply. Obstacles in applying restorative justice at the investigation level consist of juridical constraints, namely: the application of the principles of restorative justice through the diversion model and cannot be applied to all criminal acts, depending on the threat of criminal and not criminal acts and there is a written agreement from the reporting party. Non-juridical constraints are that investigators have not acted as mediators at the time of the dialogue between the parties and the view of restorative justice by the community and the culture that punishment is retaliation for perpetrators of criminal acts is still attached.]]>
<![CDATA[EX ANTE REVIEW MELALUI RISET ETNOGRAFI VIRTUAL DALAM PERSPEKTIF LEGISPRUDENSI DI MASA PANDEMI COVID-19 ]]>
<![CDATA[Edy, Davianus Hartoni]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.274
<![CDATA[Virtual ethnography is a research method that examines social phenomena based on the dynamics of netizens observed using certain parameters according to the needs of researchers. In the context of drafting laws, virtual ethnography allows legal researchers to observe, assess, and conclude various phenomena that arise in relation to the public's response to a draft law. Ex ante review is an elaboration of the virtual dynamics of society which, when associated with a legislative perspective, can be an important consideration in preventing the birth of bad legislation due to the dominance of the role of the People's Representative Council who fights for forms of legislation on behalf of certain political sects. The increasing number of active internet users, especially those who access social media, allows ethnographic research methodologies to virtually become an important research object for further study.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PELAKU PENCURIAN YANG DIHAKIMI OLEH MASYARAKAT MEDAN YANG DAPAT BERAKIBAT KEMATIAN BAGI PELAKU ]]>
<![CDATA[Banjarnahor, Bua Masro]]>;
<![CDATA[Yudarwin, Yudarwin]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.275
<![CDATA[Theft is an act where someone takes goods outside their rights without the permission of the owner of the goods, the number of theft cases in Medan has resulted in the action of the main judge himself by the people of Medan against the perpetrators of theft growing. vigilante action is less insurmountable. The level of crime that results in public judgment against the perpetrators of the crime of theft consists of two levels of crime, namely theft which is carried out repeatedly and the theft accompanied by the part or violence, in the second is a part that often occurs why the perpetrators of theft are often persecuted by the public. especially the Medan area of North Sumatra. The importance of legal protection for perpetrators of theft caught red-handed by the people of Medan is not to protect their actions but to protect the human rights that he (the thief) has regulated by the existing law in Indonesia, where the perpetrators have the right to be tried under positive Indonesian law in order to suppress their actions. This vigilante anarchist does not happen again, especially in the Medan area.]]>
<![CDATA[TINJAUAN YURIDIS PEMBAGIAN HARTA GONO-GINI AKIBAT PERCERAIAN DALAM PERSPEKTIF HUKUM PERDATA (Studi Analisa Putusan Nomor 282 K/Pdt/2014) ]]>
<![CDATA[Aurilya, Tasya]]>;
<![CDATA[Hartono, Rudy]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.276
<![CDATA[This study aims to find out the distribution of gono-gini assets can be rejected by the judge on divorce decisions, to know that a lawyer in a divorce lawsuit can also be sued, and about the considerations of the panel of judges in deciding the case for the distribution of gono-gini assets due to divorce for the husband. To achieve this goal, this research uses a juridical-normative approach which is carried out based on a review of library materials or secondary data. The type of this research is descriptive analysis, with the type of data consisting of 2 (two), namely primary data and secondary data. While the data analysis technique used in this research is qualitative data analysis technique. The results of the study show that the agreement in marriage regarding the assets of Gono Gini and child custody and other matters obtained in marriage, the author takes the example of a divorce case and the distribution of property which has reached the level of cassation, this agreement is strong evidence especially made before a Notary so that post-divorce is not so difficult to prove about the distribution of property Gono Gini. It should be remembered that the divorce decision does not automatically decide or determine the distribution of marital property in marriage. The application for the distribution of gonorrhea assets can be submitted after the divorce decision has permanent legal force. For a married couple whose marriage is registered with the civil registry office, the lawsuit is submitted to the District Court where the Defendant lives. Divorce is something that often happens in the modern era. After living together for a long time, many couples decide to divorce because of incompatibility in married life. Plus the various problems and pressures that come from here and there. During the divorce process, one thing that cannot be overlooked is the assets of Gono Gini. The division of property is also a very crucial moment and is often debated by the divorced parties.]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM PENYELESAIAN SENGKETA TANAH PUSAKO TINGGI (Analisis Putusan Nomor 32/Pdt.G/2020/PN. Pdg) ]]>
<![CDATA[Effendi, Devirianti]]>;
<![CDATA[Fitria, Yenni]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.281
<![CDATA[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.]]>
<![CDATA[KOORDINASI ANTARA PENYIDIK POLRES PADANG PARIAMAN DENGAN BADAN PERTANAHAN NASIONAL/ AGRARIA TATA RUANG KABUPATEN PADANG PARIAMAN DALAM PENYIDIKAN TINDAK PIDANA LARANGAN PEMAKAIAN TANAH TANPA IZIN ]]>
<![CDATA[Rosadi, Otong]]>;
<![CDATA[Hendra, Hendra]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.283
<![CDATA[Article 2 of Law Number 51 Prp of 1960 concerning Prohibition of Land Use Without Permission from the Entitled Person or his legal proxy. This research is a legal research with a descriptive analytical specification. The implementation of coordination between the Padang Pariaman Police Criminal Investigation Unit and the Padang Pariaman BPN/ATR in the investigation of the prohibition of land use without a permit or legal proxy is in terms of proving the status of ownership of the land. The National Land Agency was asked for information regarding land grabbing because the authorities and understanding of land grabbing are related to the legality of ownership of the land, even though the reporting party has shown proof of ownership but still requires information from the National Land Agency. Coordination is also carried out in terms of testing the validity of the documentary evidence collected by investigators in land grabbing cases. Obstacles in Coordination Between the Padang Pariaman Police Criminal Investigation Unit and Padang Pariaman BPN/ATR in Criminal Investigations for Prohibition of Land Use Without a Permit or Legal Proxy, among which are often difficult to distinguish the authenticity of proof of land ownership and the existence of overlapping land ownership which this cannot be proven by BPN as the institution that issued the evidence on the pretext of differences in leadership policies at that time. There are different agencies issuing proof of ownership of the same plot of land to different parties. The existence of falsification of land documents so that the Land Agency takes a long time to test the authenticity of these documents and makes the investigation take a long time.]]>
<![CDATA[UPAYA MEDIASI DALAM PENYELESAIAN SENGKETA EKONOMI SYARI’AH DI PENGADILAN AGAMA PADANG KELAS IA ]]>
<![CDATA[Faniyah, Iyah]]>;
<![CDATA[Sumarni, Evi]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.284
<![CDATA[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]]>
<![CDATA[PENGGUNAAN ALAT BUKTI SEBAGAI DASAR PENETAPAN TERSANGKA PADA PENYIDIKAN TINDAK PIDANA KECELAKAAN KAPAL WISATA YANG MENGAKIBATKAN MATINYA ORANG ]]>
<![CDATA[Dekri, Yuli]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v4i4.285
<![CDATA[The skipper is given responsibility by Law Number 17 of 2008 concerning Shipping related to ship safety and security. The evidence that is the basis for determining the suspect in the tourist ship accident case that resulted in the death of a person in the case file number Bp/44/XII/2019/Reskrim/Parisan Police is witness statements and other evidence. Based on the theory of evidence, to prove someone's negligence is to see whether someone has used the precautionary principle or not, see how people generally take action when in conditions like those experienced by the perpetrator and whether someone has taken the action that should have been done or not. The suspect in this case is the captain of the ship because he was proven to have sailed from the coast of Gandoriah Pariaman to Angso Duo Pariaman Island and without having a Sailing Approval Letter issued by the Syahbandar. Other evidence is witness testimony stating that the ship exceeds the specified capacity as well as a certificate of proficiency for the captain. The obstacle in collecting evidence which is the basis for determining the suspect in the tourist ship accident case that resulted in the death of the person in the case file Number Bp/44/XII/2019/Reskrim/Parisan Police is the witness testimony given by the suspect's statement which does not match. Determining who was negligent due to negligence is not always the suspect. The number of legal substances that will be applied and all the elements contained in several articles that are applied each must be supported by a minimum of 2 (two) pieces of evidence.]]>
