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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 552 Documents
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Search results for , issue "Vol. 5 No. 4 (2023)" : 552 Documents clear
ANALYSIS OF IMPLEMENTATION OF COURT DECISIONS ON CUSTOMARY LAND DISPUTES IN INDONESIA Nur Rijal; Fokky Fuad; Anis Rifai
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.v5i4.708

Abstract

Customary land is one of the sources of agrarian conflicts that often occur in Indonesia. The government has attempted to resolve land disputes by involving the judiciary. However, the implementation of court decisions often does not meet the expectations of indigenous peoples, so the conflict continues. This study aims to analyze the implementation of court decisions on customary land claims in Indonesia. The method used is normative legal research with a case approach. This study uses secondary data from court decisions and related documents. The results of the research show that the implementation of court decisions on customary land disputes in Indonesia still faces various obstacles. Some of these obstacles include the ignorance of indigenous peoples about court decisions, the slow execution of decisions, and the lack of support from the government in enforcing court decisions. This study recommends the need for efforts to increase awareness of indigenous peoples regarding court decisions, accelerate the execution of decisions, and increase support from the government in enforcing court decisions. In addition, there is a need to formulate clear and firm regulations regarding the implementation of court decisions on customary land disputes in Indonesia.
THIRD PARTY LEGAL PROTECTION AS A GOOD-INTENTION BUYER OF LAND WHICH IS INDICATED ABANDONED Agus Haryono Saputro; Fokky Fuad; Suartini Suartini
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.v5i4.709

Abstract

The problem studied in this final assignment islegal protection for third parties as buyers with good intentions for indicated abandoned land, so that it is known how the procedures for possession of abandoned indicated land are known, what are the legal consequences for land indicated as abandoned if it is sold by the right holder to a third party, and what is the legal protection for third parties as a willing buyer either on land indicated as abandoned. Based on this research, it was found that the government's authority regarding state rights in carrying out control of abandoned land is the duty and function of the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency. Land becomes an object of abandoned land tenure if it is deliberately not cultivated, used and utilized in accordance with the purpose of granting the rights obtained. The process of controlling abandoned land is carried out in several stages, including: evaluation of abandoned land, notification, warning of abandoned land, proposal for designation of abandoned land if after the expiration of the third warning period the land remains abandoned, and determination of abandoned land which includes abolition of land rights, termination of law between land rights holders and their land, and affirmation that the land is directly controlled by the state. The legal consequences for third parties who acquire land through buying and selling plots of land that are indicated as abandoned are because there is no prohibition in the implementation of land registration, where the prohibition on legal action only applies to objects that have been proposed to be designated as abandoned land.
IMPLEMENTATION OF RISK-BASED LICENSING IN THE MARINE AND FISHERIES SECTOR POST THE APPLICATION OF THE EMPLOYMENT CREATION LAW Dani Abdillah
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.v5i4.710

Abstract

Indonesia has abundant marine and fishery economic potential that can be managed and utilized for the welfare of the people and increase national economic growth, and potentially almost three quarters of the territory of the Republic of Indonesia is the ocean with all the sources of wealth contained therein. Nawacita Program His government said that Indonesia has the potential to become the world's maritime axis and the sea is the future of the nation towards a golden Indonesia 2045, to guard President Jokowi Nawacita world maritime axis, it is translated into 3 (three) missions, namely, first, Sovereignty, namely being independent in managing and utilizing marine resources. and fisheries by strengthening national capacity to enforce law at sea in order to realize economic sovereignty, secondly, Sustainability. Adopting the blue economy concept in managing and protecting marine and fishery resources responsibly with environmentally friendly principles as an effort to increase productivity, which is carried out through marine space management; management of marine biodiversity, three. Welfare namely managing marine and fishery resources is for the greatest prosperity of the people, which is carried out through human resource capacity development and community empowerment; and development of marine and fisheries science and technology innovations. As mentioned above, the independence of fisheries resource management is how the government enforces the law at sea even though the government has previously issued Law Number 31 of 2004 As amended by Law Number 45 of 2009 concerning Amendments to Law Number 31 concerning Fisheries which is a law enforcement regulation in the marine and fisheries sector which over time in 2020, the House of Representatives and the Government have issued and ratified Law Number 11 of 2020 concerning Job Creation which with the issuance of the Job Creation Act, there are several articles in the Law. -Law Number 31 of 2004 As amended by Law Number 45 of 2009 concerning Amendments to Law Number 31 concerning Fisheries, several changes have been made as well as in the Law on Marine and Fisheries Job Creation, ah sector whose management and utilization requires having a Business Licensing Risk Base Approach.
EFEKTIVITAS SISTEM INFORMASI PARTAI POLITIK (SIPOL) DALAM PROSES PENDAFTARAN CALON PESERTA PEMILU TAHUN 2024 BERDASARKAN PUTUSAN BADAN PENGAWAS PEMILIHAN UMUM (BAWASLU) NOMOR: 003/PS.REG/BAWASLU/X/2022 Wisnu Nugraha
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.v5i4.711

Abstract

This writing is meant to figure out how effective using Sipol is in the registration process for Candidates for the 2024 Election. The method used in this research is the library research method using laws and regulations and Bawaslu decisions as data material for research. The problems to be discussed in this study are (1). What are the obstacles in implementing Sipol in the registration process for Candidates for Election Contestants?, and (2). How effective is using Sipol based on Bawaslu Decision Number: 003/PS?REG/BAWASLU/X/2022? The results of this study are in the form of conclusions, namely (1). Obstacles in the implementation and use of Sipol come from HR factors, both HR from Political Parties as users of Sipol, factors from weak Sipol servers which often experience errors so they cannot be used optimally, as well as elements from the limited time in the process of using Sipol, namely at the stage of the verification process political party data, (2). The maximum effectiveness of the use of Sipol has not been achieved, it can be seen based on the Bawaslu Decision Number: 003/PS.REG/BAWASLU/X/2022, where the Republican Party was declared disqualified as a Candidate for the 2024 Election based on the KPU Decree which was caused by obstacles to the use of the Sipol application , The Bawaslu Adjudication Committee stated that technical problems in using Sipol should not occur because it is contrary to the principles of election administration including the principles of independence, honesty, fairness, legal certainty, orderly, openness, proportionate, professional, accountable, effective and efficient.
PERKEMBANGAN PENYELENGGARAAN LELANG NON EKSEKUSI OLEH PEJABAT LELANG KELAS 2 (NOTARIS) DIMASA PANDEMI COVID -19 Cliff Edward Fransiscus Liono; Erick Malombeke; Muhammad Rayhan Thariqi; Dewi F.M. Daba Dida
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.v5i4.712

Abstract

Notaries are included in the Class II. Unlike Class I Auction Officers who can conduct various types of auctions, Class II Auction Officers are only authorized to handle Voluntary Non-executory Auctions. Voluntary Non-Execution Auction is an auction to carry out the sale of goods owned by individuals, groups of individuals or private business entities that are auctioned voluntarily by their owners. This paper is prepared using the normative juridical method, which will discuss the development of auction rules, especially during the Covid-10 Pandemic. With the existence of PMK No.213/PMK.06/2020 concerning Instructions for Auction Implementation, Notaries including Class II Auction Officials can implement the new provisions. Some examples of problems that have the potential to hinder the implementation of auctions by notaries as Class II Auction Officials include a provision where each Auction participant must deposit an Auction bid guarantee of at least 20% and a maximum of 50% of the auction limit value must pay the auction price and Auction Duty which is carried out no later than five working days after the implementation of the Auction. This certainly makes it difficult for the Covid-19 Pandemic condition because people's purchasing power is declining. In addition, the potential for holding auctions electronically can be disrupted by some cyber notary obstacles.
POLLUTER PAYS PRINCIPLE DALAM PERSPEKTIF HUKUM PIDANA Oktaviani br Sipayung; Ismanyah Ismanyah
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.v5i4.713

Abstract

Human activities are often the main cause of environmental damage and pollution. Therefore, a law that is in favor of environmental protection is needed to maintain the preservation and sustainability of the environment. The polluter pays principle requires that every business actors that causes pollution or damage to the environment bears all costs incurred in the context of environmental restoration. In order to guarantee the implementation of good environmental protection and management, criminal law enforcement plays an important role. Criminal law can influence business actors so that the business decisions they make do not damage or pollute the environment. This research was conducted to answer how the regulation and application of the polluter pays principle in UUPPLH and how the polluter pays principle when viewed from the perspective of criminal law. This research was conducted using normative research methods with the data source being positive law sources in Indonesia. The polluter pays principle is not explicitly regulated in UUPPLH to be applied in handling criminal acts, because this principle takes precedence in enforcing administrative law through instruments environmental economics and civil law through environmental dispute lawsuits and is closely related to the concept of strict liability in calculating the compensation that must be borne by the perpetrators of environmental pollution and/or damage. The existence of an additional penalty in the form of "remedial action as a result of a crime" that can be imposed on corporations that pollute and/or damage the environment is a gap in the implementation of the polluter pays principle through criminal law enforcement.
PERBANDINGAN HUKUM PERATURAN INSIDER TRADING DALAM TINDAK PIDANA PASAR MODAL DI INDONESIA DAN SINGAPURA Nada Iqbal
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.v5i4.718

Abstract

Information Disclosure and Investors are very important parties in capital market activities. However, in the event of a violation of capital market regulations, namely the crime of insider trading, which can be carried out by various parties for personal gain, this violates the principle of fair securities trading. This research focuses on the classification of criminal acts in the capital market in Indonesia and a comparison of legal regulations regarding insider trading in Indonesia and Singapore. In this study, normative legal research was used and the nature of the research conducted by the author was an analytical descriptive study. After conducting research, it was found that the concept contained differences in regulations regarding insider trading between Indonesia and Singapore, one of which was that Indonesia adhered to the theory of Fiduciary Duty while Singapore adhered to the theory of Fiduciary Duty and Misappropriation Theory. This theory is a legal protection that is needed by Indonesian capital market investors at this time, but in the regulations there are still a number of things that need to be evaluated and further developed by the OJK so that when it is implemented later the goal of adopting the concept as a violation prevention effort can be achieved.
WANPRESTASI OLEH PERUSAHAAN PIALANG BERJANGKA TERHADAP INVESTOR DALAM TRANSAKSI FOREX MARGIN TRADING PADA BURSA BERJANGKA (Putusan PN SURABAYA Nomor 65/Pdt.G.S/2020/PN Surabaya) Muh Kevin Fajri Tobing; Benni Rusli; Anggun Lestari Suryamizon
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.v5i4.719

Abstract

Humans have always traded with other humans around them for various reasons with the barter system. Along with the development of the era and civilization, this barter system was no longer used because it had many weaknesses, so a new payment system was invented, namely using money as a medium of exchange and payment. The payment system using money is also not without weaknesses in its function for transactions with other countries that have different types of currencies. World trade transactions in this era of globalization are closely related to foreign currency trading, which is commonly called currency or foreign exchange (forex). Foreign Exchange stands for forex (foreign exchange) includes two meanings, namely foreign currency and the process of exchanging from one currency to another. Moreover, the customer does not meet face to face and is at risk of default, misuse of the customer's margin. In this writing, the author raises several problems of default. This research is descriptive in nature and aims to obtain a complete description of the legal situation in force in a particular place. Normative juridical law research is the collection of material or research materials aimed at written documents. Sources of data and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research uses document studies related to laws and regulations, books and journal judge decisions related to default. The results of this study are important for investors to understand that the legal process can take significant time and costs. In addition, success in suing a futures brokerage company depends on the strength of the evidence it has and also on the legal provisions in force in the local jurisdiction. Therefore, it is important for investors to always be careful in choosing a trusted futures brokerage company, and to ensure that there is a written agreement and adequate protection guarantees before making a forex margin trading transaction. The form of CoFTRA coaching is the provision of training for Futures Trading actors to increase knowledge/expertise in Commodity and Futures Trading. The form of preventive supervision is that CoFTRA conducts field supervision and carries out periodic and/or occasional reports by Futures Brokers regarding their activities on the Futures Exchange and the number and customer data received online, and the implementation of a Single Supervision System for market integrity and trading actors Futures connected online and real time.
PERLINDUNGAN HUKUM TERHADAP TKI OLEH PEMERINTAH INDONESIA DALAM PERSPEKTIF SIYASAH DAULIYAH (STUDI KASUS PEMBUNUHAN NURUL AIDAH TKI ASAL BATUBARA SUMATERA UTARA DI MALAYSIA) Iis Erika Faradila; Arifuddin Muda Harahap
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.v5i4.720

Abstract

The increasing growth rate of the workforce in Indonesia is not matched by the provision of jobs by the Indonesian government, resulting in job seekers requiring them to look for work abroad. Therefore, many problems arise that require the Indonesian government to make policies in providing legal protection too workers who get into trouble into trouble when working abroad. The purpose of this study was to find out the Indonesian government’s efforts to provide legal protection for Indonesian workers and find out the siyasah dauliyah review in viewing government policies in providing legal protection for Indonesian workers. This research shows that the Indonesian government has made efforts to provide legal protection to Indonesian workers by making several policies and in accordance with the basics of siyasah dauliyah, one of which is cooperation and deliberation.
PERLINDUNGAN HUKUM TERHADAP PENUMPANG KERETA API ( KASUS KETERLAMBATAN KERETA API PERSFEKTIF FIQH SIYASAH) Henny Sriwindari; Khalid Khalid
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.v5i4.722

Abstract

When experiencing disruptions to train operations resulting in delays in arrival time, there are casualties and loss of property, PT. Kereta Api Indonesia (Persero) must be responsible for the impact of this incident, especially in terms of service to service users in accordance with Law Number 08 of 1999 concerning Consumer Protection. However, the delay experienced by train passengers is considered to still not meet the needs of passengers. In this study using normative juridical method. The formulation of the problem in this study is a) What is the accountability of PT. Kereta Api Indonesia (Persero) to passengers experiencing train delays? b) What is the legal protection for passengers who experience train delays based on Law Number 08 of 1999 concerning consumer protection.

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