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[PERTANGGUNGJAWABAN AKTA NOTARIS SEBAGAI AKTA AUTENTIK SESUAI DENGAN UNDANG-UNDANG JABATAN NOTARIS ]]>
<![CDATA[Gladys Natalie Aurielle Sirait]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.641
<![CDATA[Notaries are public officials who have the right to make authentic deeds that can be used as evidence in a civil case. Law No. 30 of 2004 explains that a Notary is a public official who has the authority to make authentic deeds and has other powers as described in the Law. Notary is the right hand of the state where a Notary must carry out his duties in the field of Civil Law in Indonesia, the Government aims to provide legal guarantees in terms of private law for residents who have given some of their authority to Notaries to make authentic deeds. Therefore, when performing their duties, Notaries must act as responsible public officials. Based on its form, the deed is divided into two parts, namely authentic deeds and underhand deeds. An authentic deed is a deed made by an official who has been given the power or authority by the state/government based on predetermined provisions, either with or without the assistance of those who have an interest, and records what is requested by those concerned. Meanwhile, the deeds of the parties are made at the initiative of the party who comes to the official, such as power of attorney deeds, land title deeds, and sale and purchase deeds. An authentic document is considered the most powerful and complete evidence. It establishes a clear legal relationship between the parties regarding rights and obligations. Notaries are public officials who are authorized to create authentic documents and other duties in accordance with the Law. It is perfect and binding for the judge must consider it as a complete and sufficient basis of fact to make a decision in the settlement of a disputed case]]>
<![CDATA[UPAYA PENEGAKAN HUKUM ATAS TERJADINYA TRANSAKSI FIKTIF PERBANKAN OLEH TELLER BANK BRI KEPADA NASABAH ]]>
<![CDATA[Muhammad Wildan Ichsandi]]>;
<![CDATA[Gurnadi Lie]]>;
<![CDATA[Moody R. Syailendra]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.642
<![CDATA[This study aims to analyse the form of law enforcement on the occurrence of fictitious banking transactions by BRI Bank tellers to customers conducted by bank employees, to find out the form of violations. Analyse the form of law enforcement to banking tellers related to fictitious transactions. This research is a normative legal research. Forms of law enforcement on the occurrence of fictitious banking transactions by BRI Bank tellers to customers. Fictitious transactions (false records) carried out by bank employees are carried out in 2 (two) ways, namely implicitly (Implicit Protection) and explicitly (Expliciti Protection). Implicitly carried out by the bank's own internal policies and responsibilities in carrying out banking activities, and at the same time explicitly carried out through the supervisory means of Bank Indonesia to control and supervise every banking activity of commercial banks. Normatively, legal protection against fictitious transactions is based on Law Number 7 of 1992 concerning Banking. then accommodated also by Law Number 3 of 2004 concerning Amendments to Law Number 23 of 1999 concerning Bank Indonesia and for customer deposit funds regulated under Law Number 24 of 2004 concerning the Deposit Insurance Corporation and also regulated in relation to implementation guidelines through Bank Indonesia Regulations. Law Enforcement to BRI Bank tellers due to fictitious transactions is carried out implicitly and explicitly. Implicitly, namely by imposing administrative sanctions from the bank in the form of Termination of Employment (PHK) to the perpetrator with the initials SAP as a BRI Bank teller and besides that, it is also carried out explicitly in the form of punishment against the suspect with the initials SAP charged with Articles 2 and 3 of Law No. 31 of 1999 concerning Corruption with a penalty of 20 years in prison.]]>
<![CDATA[PENERAPAN BUY BACK GUARANTEE DALAM AKTA PERJANJIAN PENGIKATAN JUAL BELI YANG DIBUAT OLEH NOTARIS ]]>
<![CDATA[Janesia Tutuarima]]>;
<![CDATA[Tjempaka Tjempaka]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.643
<![CDATA[The binding sale and purchase agreement made before a notary is one of the authentic proofs in the form of a preliminary agreement on the sale and purchase of land rights which will then be made a sale and purchase deed before the land deed making official. The problem examined in this study is regarding the application of buy back guarantees in the deed of binding sale and purchase agreement made by a notary. The type of research used is legal research. The research method is a statutory approach originating from data collection obtained from secondary data, then analyzed using qualitative analysis methods. The results of this study ultimately provide an answer that the repurchase rights that exist in the PPJB are disputed because they are often considered to be in the form of debt agreements, for that the Notary must really pay attention to the needs/interests of the parties because the legal power of the PPJB as authentic evidence in the transfer of rights is very strong, because the deed is a notarized deed that is an authentic deed. The author's suggestion from this study is that it is better for the right to repurchase in binding sales and purchases to be further regulated in laws and regulations, especially those related to land issues, so that parties who use binding sales and purchases as a preliminary agreement in buying and selling land rights are better protected.]]>
<![CDATA[PENENTUAN PERTANGGUNGJAWABAN PIDANA BAGI TERDAKWA YANG MEMILIKI GANGGUAN JIWA SKIZOFRENIA PARANOID DALAM TINDAK PIDANA PENGANIAYAAN ]]>
<![CDATA[Elyada Umbu Ndapabehar]]>;
<![CDATA[R. Rahaditya]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.644
<![CDATA[Someone with schizophrenia are considered dangerous by society because of the stigma that creates neglect in care and treatment. A schizophrenic patient will not commit acts of violence if adequate and controlled care and treatment is carried out. This disease is a psychotic disorder with the main signs of disturbance in the sufferer's thoughts, emotions, and disturbed behavior. The thoughts of the sufferer are not logically related, resulting in strange behavior. The case contained in the Namlea District Court Decision Number: 36/Pid.B/2019/PN.Nla. is an example of a crime where the defendant has paranoid schizophrenia based on the results of the examination and the testimony of psychiatrists. The reason for forgiving should be the reason for removing the crime, which is related to this case is that the perpetrator committed a crime but cannot be held accountable because of the mental or psychological condition of the perpetrator who suffers from Paranoid Schizophrenia. The research data is sourced from secondary data. The techniques used in data collection are library research and field research. In the process of punishment, which in this case concerns the perpetrator of a criminal offence who has a mental disorder, the judge must carefully ensure the ability to be responsible for the perpetrator, as well as ensuring that the perpetrator receives appropriate legal protection.]]>
<![CDATA[STUDI PERBANDINGAN PENGGUNAAN HAK CIPTA FILM SEBAGAI OBJEK JAMINAN FIDUSIA DI INDONESIA DAN AMERIKA SERIKAT ]]>
<![CDATA[Dianita Halim]]>;
<![CDATA[Gunardi Gunardi]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.645
<![CDATA[Film copyright as object of fiduciary guarantees has been widely used in the United States. However, in Indonesia this still has many obstacles and it is suspected that only one Indonesian film production house has ever used its film copyright as a collateral object. This research was conducted to find out the mechanism and valuation system of using film as an object of fiduciary guarantees. This type of research is empirical legal research or sociological legal research with a comparative approach. This method was used because researchers wanted to find options for valuation systems and mechanisms for using film copyright as objects of fiduciary guarantees based on legal regulations and practices that occurred in the Indonesian and United States film industries. There are similarities between the process of using film copyright as collateral objects in Indonesia and the United States. In terms of the valuation system, there are many differences between Indonesia and United States because Indonesia does not have regulations about valuation system of copyrighted assets. The United States adopted the valuation process and method from WIPO (World Intellectual Property Organization) to conduct a valuation of a Copyright. The process includes the foundation, profile, methodology (cost method, market method, or income method) stages, and ends with the solution.]]>
<![CDATA[IMPLEMENTASI BANTUAN HUKUM YANG DIBERIKAN OLEH KOMISI PERLINDUNGAN ANAK INDONESIA TERHADAP ANAK KORBAN KEKERASAN SEKSUAL ]]>
<![CDATA[Angelica Christin Milenia]]>;
<![CDATA[Ade Adhari]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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<![CDATA[Sexual violence against children is a crime act that should be taken care of by the state. This crime is increasing day by day and ironically the perpetrators of this violence are the people closest to the victim such as friends, teachers or even family members. This can cause trauma for the child victim. According to Article 76 of Constitution Number 35 of 2014 regarding Child Protection, KPAI is a state institution that has the duty and authority to provide protection for children. This research is based on empirical juridical research with qualitative methods which are analyzed using inductive analysis techniques by examining the contribution of legal assistance provided by KPAI in accordance with Constitution Number 35 of 2014 regarding Amendments to Constitution Number 23 of 2002 regarding Child Protection.]]>
<![CDATA[PENERAPAN PEMENUHAN KEWAJIBAN REHABILITASI MEDIS DAN REHABILITASI SOSIAL TERHADAP PENYALAHGUNAAN NARKOTIKA ]]>
<![CDATA[Afpryanto Sihaloho]]>;
<![CDATA[Ade Adhari]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.648
<![CDATA[This study aims to analyze the application of medical rehabilitation and social rehabilitation for narcotics abusers in Palu. This study uses normative research methods because the existing problems will be examined by taking into account the principles of law and applicable laws and regulations, then analyzing and making answers to the problems to be discussed. The results of the study show that in practice law enforcement in narcotics crime cases, Article 112 paragraph (1) of the RI Law is often applied. 35 of 2009 to addicts, abusers, and victims of narcotics abuse. Against the two perpetrators, namely Al Ayudi Parhan and Ridwan, are narcotics abusers who should have the opportunity to be subject to sanctions in the form of medical rehabilitation and social rehabilitation because they are in accordance with the classification of narcotics crimes in SEMA No. 04 of 2010, namely based on the weight of evidence of narcotics when caught red-handed by investigators from the National Police or BNN, a positive laboratory test letter using narcotics, and there is no evidence that the person concerned is involved in illicit narcotics trafficking.]]>
<![CDATA[PERLINDUNGAN KONSUMEN TERHADAP PENGGUNA PRODUK KOSMETIK YANG MENGANDUNG BAHAN BERBAHAYA (STUDI KASUS PEREDARAN PRODUK KOSMETIK BAHAN BERBAHAYA DI KECAMATAN ULEE KARENG KOTA BANDA ACEH) ]]>
<![CDATA[Herni Ayu Sari]]>;
<![CDATA[Nila Trisna]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.649
<![CDATA[This study aims to determine consumer protection against the circulation of cosmetics containing hazardous materials in Ulee Kareng District, Banda Aceh City. To find out how to protect consumers against the use of cosmetic products containing dangerous ingredients in Ulee Kareng sub-district, Banda Aceh city and efforts to resolve disputes against consumers as a result of the use of cosmetics containing hazardous ingredients. This research was conducted to collect data at the BPOM Aceh office and YAPKA using interviews and documentation techniques. The data analysis method used is descriptive in nature, which requires direct interviews and documentation by analyzing data related to research. The results of the study show that legal protection for consumers for the distribution of cosmetics containing hazardous ingredients to the detriment of consumers is carried out by each element involved based on Law No. 8 of 1999 concerning Consumer Protection and BPOM RI Regulation No. HK.00.05.4.17.45 concerning Cosmetics. There are 2 responsibilities for business actors for the circulation of cosmetics that harm consumers, namely first in the form of administration, namely compensation in the form of refunds and second in the form of punishment, namely confinement or imprisonment.]]>
<![CDATA[PENOLAKAN DISPENSASI NIKAH DAN AKIBAT HUKUMNYA (STUDI KASUS PUTUSAN NOMOR 70/PDT.P/2022/MS.TTN) ]]>
<![CDATA[Junaidi Berutu]]>;
<![CDATA[Nila Trisna]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.650
<![CDATA[An application for a marriage dispensation is submitted in order to protect the honor of the family from any behavior that deviates from religious values and applicable legal norms. To avoid greater harm, underage marriage is often the solution to solving problems faced by teenagers who are pregnant out of wedlock. Adjusting to the Marriage Law Number 16 of 2019 concerning Marriage, it explains the age limits for the prospective bride and groom if they wish to enter into a marriage, namely that the prospective husband is at least 19 years old and the prospective wife is at least 19 years old. The Tapaktuan Syar'iyah Court is one of the judicial institutions that has the authority to handle and grant marriage dispensation permits. In 2022 there was one application for marriage dispensation which was rejected by the Tapaktuan Syar'iyah Court, namely determination number: 70/pdt.p/2022/Ms.Ttn. This application was filed by an applicant whose child is 18 years and 10 months old. The applicant wants to marry off his son because he has had a lover for a long time so that there are no undesirable events, so the applicant submits a marriage dispensation to the Tapaktuan Syar'iyah Court. “The authors are interested in researching the stipulation of marriage dispensation Number: 70/pdt.p/2022/Ms because the application was rejected by the Tapaktuan Syar'iyah Court”. The formulation of the problem from this research is what are the judges' considerations in determining the marriage dispensation case Number: 70/pdt.p/2022/Ms.Ttn? and what is the analysis of the consequences of the rejection of the application for marriage dispensation by the judge at the Tapaktuan Syar'iyah Court (Decision Number: 70/Pdt.P/2022/Ms.Ttn).? Analysis of the Consequences of Rejecting an Application for Marriage Dispensation by a judge at the Tapaktuan Syar'iyah Court (Decision Number: 70/Pdt.P/2022/Ms.Ttn). the. The method of this research is field research or empirical juridical method, where the data collection technique for this research is by documentation, namely collecting data related to the determination, and supported by interviews with Judges of the Tapaktuan Syar'iyah Court. Based on the results of this study, it can be analyzed that the Panel of Judges in determining the marriage dispensation case number: 70/pdt.p/2022/Ms.Ttn. using some legal basis. “The legal basis used by the panel of judges is the provisions of Law Number”. 16 of 2019 Concerning Marriage Article 7 paragraph (1) and Compilation of Islamic Law Article 15 paragraph (1). Meanwhile, the judge's consideration in giving the decision to reject the application for marriage dispensation is that the Panel of Judges considers that there is no urgency to enter into a marriage, and there is no information from the applicant's child.]]>
<![CDATA[MELIHAT KEMUNGKINAN DILAKUKANNYA RESTORATIVE JUSTICE BERBASIS PENJARA DI INDONESIA ]]>
<![CDATA[Akbar Setia Wibawa]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.651
<![CDATA[The practice of restorative justice has been carried out in response to the damage caused by crime. This can be seen from the increasing number of restorative justice that appears at various stages of the criminal justice process. Nevertheless, prison based restorative justice programs in Indonesia has not been implemented. Restorative justice programs in the context of a correction system can be useful, especially if rehabilitation is one of the main goals of imprisonment. Through this article, the author conducts a literature review on journal articles, books, and regulations related to prison based restorative justice. The results show that restorative justice in prisons can be useful for prisoners, victims, society, prisons, and officers. It contributes to the process of social reintegration which is the main goal of correctional system. Even so, there are also obstacles that must be faced such as the need for a lot of resources, the potential to intimidate victims, tight schedules in prison, and the possibility of inmates being transferred at any time. In the end, the conclusion of this article brings us to an understanding of the importance of implementing prison-based restorative justice programs in Indonesia.]]>
