cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
Journal Mail Official
editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
Location
Kota padang,
Sumatera barat
INDONESIA
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 552 Documents
 17   18   19   20   21 
Search results for , issue "Vol. 5 No. 4 (2023)" : 552 Documents clear
ALTERNATIF PENYELESAIAN SENGKETA KLAIM ASURANSI DI BMAI DAN LAPS SJK Jane Laura Simanjuntak; Kornelius Simanjuntak
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.675

Abstract

This research analyses the efficiency, effectiveness and impact of the resolving insurance claims disputes by the newly established The Alternative Dispute Resolution of Financial Services Centre (LAPS SJK) since The Indonesia Insurance Mediation and Arbitration Centre (BMAI) was closed (liquidated) by the order of the Indonesia Financial Services Authority (OJK), and its task and function in resolving insurance claims disputes was transferred to LAPS SJK. Juridical research method is used in writing this research with secondary data. The result of this research shows resolving of insurance claims disputes at BMAI was more efficient and effective than at LAPS SJK. In 2021, the first year of operation of LAPS SJK, there were 10 financial disputes resolved at LAPS SJK, of which 2 cases were insurance claims disputes. There is a total number of 13.516 financial disputes received by LAPS SJK in 2021 waiting for resolution of which 177 are insurance claims disputes. The very low achievement was very disappointed and not in accordance with one of the principle in resolving disputes that is efficient and effective at LAPS SJK. There is a bad impact of the bad achievement of LAPS SJK to the good reputation of insurance industry in the insuring public and the society. This research suggests LAPS SJK: 1 to immediately do a crash programme for resolving the pending financial disputes; 2 to adopt the Ajudication resolution method that is the most efficient and effective in time resolving the financial disputes, as it has only two hearings or three the maximum in the experience of BMAI during its services. With the Ajudication, the thousand pending financial disputes can be hopefully resolved more quickly; 3 to improve its infrastructures including the number of hearing and meeting rooms for arbitration, Ajudication, and Mediation, human capital with good experience, capacity and expertise, and 4 to appoint a new managing director or head of LAPS SJK with good experience in ADR, capacity, expertise, strong leadership, and good tract record.
TINJAUAN TERHADAP INDEPENDENSI KOMISI POLISI NASIONAL DALAM PERSPEKTIF LEMBAGA NEGARA INDEPENDEN Nasrullah Nasrullah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.677

Abstract

The National Police Commission (Kompolnas) is one of the state institutions whose functions and authorities are quite strategic in assisting the president in formulating the vision of the national police. Apart from being an institution that is expected to become an external "monitoring organ" of the Indonesian National Police (POLRI). However, many parties consider that the Kompolnas Institution has not shown real performance, which is due to its independence both institutionally and in authority. This article attempts to analyze the independence aspect of Kompolnas based on indicators of the concept of independent state institutions. The research was carried out using a normative and contextual approach to secondary data in the form of laws and related literature. The results of the analysis show that in the concept of independent state institutions, aspects of independence can be divided into formal and de facto indicators. Based on this indicator, Kompolnas still cannot be said to be an independent state institution which is actually due to the lack of an element of independence in institutional regulations and authority.
KEBEBASAN HAKIM DALAM PENJATUHAN PUTUSAN PERKARA PIDANA (STUDI TERHADAP ALASAN–ALASAN TIDAK DITERIMANYA TUNTUTAN JAKSA PENUNTUT UMUM) Farid Yulian Nur Furqoni; Kuswardani Kuswardani
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.678

Abstract

The judge in making a decision must be based on two valid pieces of evidence and the conviction obtained by the judge that the criminal act really happened. Such juridical formulation truly guarantees the freedom of judges, so it seems that judges are not bound by the demands of the public prosecutor. Therefore, this study aims to examine the freedom of judges from the aspect of the reasons why judges do not accept the charges of public prosecutors. This research is a normative research, so the data needed is secondary data in the form of legal documents, journals and references relevant to the research problem. The data is analyzed descriptively based on the principles of substantive criminal law and formal criminal law. The results of the study showed that there was no seriousness of the public prosecutor in conducting the prosecution which was shown by the absence of guarantees to bring the defendant, thus violating the principles of fast, simple and low cost justice. This research provides information to the public that judges are not bound by the demands of the public prosecutor.
PERSEPSI PEREMPUAN MENGENAI FENOMENA POLITIK DALAM PEMILIHAN KEPALA DESA NGADAS KABUPATEN MALANG Syakira SyafiqyaTsabita Putri Hartono; Muchammad Miqdad; Syahara Bhatari Alamsyah; Sri Zul Chairiyah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.679

Abstract

Women's perception and participation in political phenomena in Indonesia still needs to be encouraged, bearing in mind the patriarchal culture which has an impact on the minimal role of women in politics and as citizens. Elections are a means of participating in politics by becoming voters or participants. Elections are a tool for everyone, including women. The smallest unit of election organizers is the village. One of the villages with a unique political phenomenon is Ngadas Village in Malang Regency, where the village head also plays the role of customary head. However, what is interesting is the role and views of women on all the political dynamics that occur in Ngadas Village. Using descriptive qualitative methods, the research will examine in depth the perceptions and roles of women in Ngadas Village regarding the political phenomena that occur. Interview and observation techniques were used to collect data and obtain information through related documentation or literature. The results of the study show that the perceptions and roles of women in Ngadas Village tend to be passive in selecting village heads. Participation is carried out only as a form of handing over voting rights to give legitimacy to those in power.
PELAKSANAAN KEWAJIBAN DIVESTASI SAHAM DALAM RANGKA PENANAMAN MODAL ASING DI BIDANG PERTAMBANGAN MINERAL DAN BATUBARA PASCA TERBITNYA UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG PERUBAHAN ATAS UU NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA Bagus Prasetyawan
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.680

Abstract

In article 7 of Law Number 25 of 2007 (UU 25 of 2007) stipulates that the government's authority is not to carry out nationalization actions or to take investment ownership rights, except by law. However, specifically for investment and implementation of mineral and coal mining business activities, the obligation to nationalize or divest shares has been regulated in Article 112 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining (UU 3 of 2009). 2020) which states that business entities holding mining business licenses at the stage of production operations whose shares are owned by foreigners are required to divest shares of 51% (fifty-one) percent in stages to the central government, regional governments, BUMN, regionally owned enterprises, and national private business entity. Holders of mineral and coal mining business licenses for foreign investment who do not carry out their divestment obligations by referring to the mechanism of laws and regulations in the field of mineral and coal mining may be subject to administrative sanctions under the provisions of Article 151 of Law 3 of 2020 and Article 147 of Government Regulation Number 96 of 2021 concerning Implementation of Mineral and Coal Mining Business Activities (PP 96 of 2021), in the form of written warnings, temporary suspension of part or all of business activities, and revocation of mining business permits if they do not carry out the obligation to divest shares.
PERILAKU MEMILIH MASYARAKAT DESA PADA PEMILIHAN KEPALA DESA (STUDI KASUS DESA NGADAS KABUPATEN MALANG) Carissa Nabila Harijadi; Nabila Raudhana; Raihan Atthalah; Diva Brilliana; Ratnia Solihah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.682

Abstract

The election of the village head is a form of democracy in the local political sphere of the village. This study focuses on voting behavior in village head elections in Ngadas Village, Malang Regency, which has a diversity of religions in its community. In addition to knowing whether religious factors influence voting behavior, this research also examines the possibility of other factors influencing the voting behavior of the people of Ngadas Village at the time of the village head election. To obtain information and data to answer the above, the researchers conducted a field study to Ngadas Village, Malang Regency by conducting interviews and documentation through a qualitative research approach. The informants interviewed consisted of the Village Head, Traditional Leaders, and several residents of Ngadas Village. Based on the results of field research, the voting behavior of the people of Ngadas Village was not influenced by religious diversity, but was more influenced by the figure of the village head candidate and the capacity of the village head candidate in carrying out the program as well as the vision and mission carried out during the village head election campaign. Thus, the voting behavior of the community in the election of the head of Ngadas Village tends to be based on psychological factors and rational choice factors.
ANALISIS TEORI KRIMINOLOGI STRAIN DALAM KASUS BALAP LIAR Clara Jennifer Manullang
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.683

Abstract

This analysis aims to examine the influence of strain criminology theory in cases of wild racing. This theory explains that the pressure or tension experienced by individuals due to an imbalance between desired social goals and available resources can encourage criminal behavior. In the case of street racing, strain theory can explain how individuals who face certain economic, social, or emotional pressures are drawn to engage in street racing. Through secondary data analysis, including case studies and relevant literature, the results of this study will provide further understanding of the role of strain criminology theory in the phenomenon of wild racing and its implications for prevention efforts.
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP MITRA DALAM PERJANJIAN KERJA SAMA ANTARA PERUSAHAAN PENYEDIA APLIKASI MARKETPLACE (SHOPEE) DENGAN MITRA (KURIR) Opa Jermias Matara; Benny Djaja
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.684

Abstract

This study aims to analyze the legal relationship in the agreement between the Shopee marketplace company and its partners (courier) and to analyze the legal protection for partners in the Cooperation Agreement between the Shopee marketplace company and partners (courier). The method used in this research is normative juridical, namely the study of legal norms, both primary and secondary legal materials. The results of the study show that the legal relationship in the agreement between the Shopee marketplace company and its partner (courier) is a pseudo partnership legal relationship, namely a cooperative relationship that is not balanced with one another, meaning that the relationship is not really mutually beneficial, instead burdening the courier. and contrary to the principle of partnership. In this case, partner status is intended as a way for companies to avoid the obligation to provide wages according to the regional minimum wage (UMR). Legal protection for partners in the Partnership Cooperation Agreement between the Shopee marketplace company and the partner (courier) is to guarantee that discrepancies or errors regarding the goods ordered are not the responsibility of the courier if this is not caused by the fault or negligence of the courier, as stipulated in Article 1708 KUH Civil. Losses suffered by the courier must be reimbursed and accounted for by the seller, if the discrepancy and damage to the goods from the start is the result of the seller's mistake, while the form of legal protection for the courier in the event of a cancellation of the goods order by the consumer is the first to take the mediation route between the consumer and the courier. disputing parties, if no settlement is reached, the dispute settlement will be pursued through legal means.
TINJAUAN YURIDIS PEMBELAAN TERPAKSA (NOODWEER EXCESS) SEBAGAI DASAR PENGHAPUSAN PIDANA ANALISIS KASUS PELAKU BEGAL DI NTB YANG TERBUNUH OLEH KORBAN BEGAL AS Isabella Merlin Anjani; Ade Adhari
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.685

Abstract

At this time, deviant behavior is widely found within society. Deviant behavior refers to actions that violate norms, rules, or laws in society. The research questions addressed in this study are: 1. What is the juridical perspective on perpetrators of robbery who are killed by victims due to self-defense (excessive self-defense)? 2. What is the legal certainty regarding self-defense (excessive self-defense) carried out by victims in response to robbery they experienced? The research method used in this Final Project is normative juridical research, which means that the issues raised, discussed, and elaborated in this study are focused on applying principles or norms within positive law. Excessive self-defense or exceeding the limits considered reasonable in self-defense occurs when someone goes beyond the boundaries deemed reasonable in a self-defense situation. In this case, although the robber may have initiated the attack or threatened the victim, the use of excessive force by the victim can raise questions about the legitimacy of their actions. In determining legal certainty in cases of self-defense, factors such as the force used, the level of threat to the victim, and the overall circumstances of the case will be examined by the court. Previous court decisions in similar cases or legal precedents can also influence legal certainty. Article 49, paragraph (1) of the Criminal Code highlights an important point, stating, "Defense against an attack or threat." Defense, in this context, must aim to stop actions or attacks deemed necessary at that moment. The defense must be proportionate to the encountered attack, and there must be no other means available to protect oneself except through self-defense.
PERTANGGUNGJAWABAN PERDATA PIHAK BANK X TERHADAP PENARIKAN TUNAI MELALUI TELLER TANPA SEPENGETAHUAN NASABAH DILIHAT DARI PERJANJIAN PADA SAAT PERMOHONAN PEMBUATAN KARTU ATM (AUTOMATIC TELLER MACHINE) Rafi Danendra Prasantyo; Adhitya Widya Kartika
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.688

Abstract

The modern banking system may appear safe and easy to use, but it still has its drawbacks. The public was shocked by the loss of a number of customer funds, even though the customer who owned the bank account did not believe that he was the one making the transaction. Customers' confidence in the safety of their bank deposits was shaken by this incident. The theft of bank customers' money shows a widening repertoire of criminal tactics. The purpose of this study is to analyze legal protection and the form of bank accountability to customers for cash withdrawals without the knowledge of customers through tellers in view of the agreement at the time of application for making an ATM card. This research method is included in the category of normative legal research. The results of this study state that in cases raised customers get legal protection for the use of problematic ATM card transactions. So if customers who experience problems in conducting ATM card transactions, customers can be guided by Law no. 10 of 1998 concerning Banking and Law no. 8 of 1999 concerning Consumer Protection

Page 19 of 56 | Total Record : 552

 17   18   19   20   21 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 8 No. 3 (2026) Vol. 8 No. 2 (2025) Vol. 8 No. 1 (2025) Vol. 7 No. 4 (2025) Vol. 7 No. 3 (2025) Vol. 7 No. 2 (2024): UNES LAW REVIEW (Desember 2024) Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) Vol. 7 No. 2 (2024) Vol. 7 No. 1 (2024) Vol. 6 No. 4 (2024) Vol. 6 No. 3 (2024) Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) Vol. 5 No. 3 (2023): UNES LAW REVIEW (Maret 2023) Vol. 6 No. 2 (2023) Vol. 6 No. 1 (2023) Vol. 5 No. 4 (2023) Vol. 5 No. 3 (2023) Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022) Vol 5 No 2 (2022): UNES LAW REVIEW (Desember 2022) Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022) Vol. 5 No. 1 (2022): UNES LAW REVIEW (September 2022) Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022) Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022) Vol. 5 No. 2 (2022) Vol. 5 No. 1 (2022) Vol. 4 No. 4 (2022) Vol. 4 No. 3 (2022) Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021) Vol 4 No 1 (2021): UNES LAW REVIEW (September 2021) Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021) Vol 3 No 3 (2021): UNES LAW REVIEW (Maret 2021) Vol. 4 No. 2 (2021) Vol. 4 No. 1 (2021) Vol. 3 No. 4 (2021) Vol. 3 No. 3 (2021) Vol 3 No 2 (2020): UNES LAW REVIEW (Desember 2020) Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020) Vol 2 No 4 (2020): UNES LAW REVIEW (Juni 2020) Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020) Vol. 3 No. 2 (2020) Vol. 3 No. 1 (2020) Vol. 2 No. 4 (2020) Vol. 2 No. 3 (2020) Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019) Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019) Vol. 2 No. 2 (2019) Vol. 2 No. 1 (2019) Vol. 1 No. 4 (2019) Vol. 1 No. 3 (2019) Vol. 1 No. 2 (2018) Vol. 1 No. 1 (2018) More Issue