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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
KEGIATAN PENYEDIAAN JASA CALO KARTU PRAKERJA DITINJAU DARI FATWA DSN MUI NOMOR 114/DSN-MUI/IX/2017 TENTANG AKAD SYIRKAH DI KOTA MEDAN Aulia Fitriyanti; Tetty Marlina Tarigan
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.v5i4.723

Abstract

The purpose of this study was to examine the Provision of Pre-Employment Card Brokerage Services in terms of DSN MUI Fatwa Number 114/DSN-MUI/IX/2017 Concerning the Study of Syirkah Contracts in the Medan City Case. The research method used is qualitative with an empirical approach with two data sources used, namely primary data interviews with 5 pre-employment program beneficiary informants and 2 pre-employment program jockey informants and secondary data in the form of books, articles related to material and DSN MUI Fatwa Number 114/ DSN-MUI/IX/2017. From the results of the research that the researchers have done on the Activities of Provision of Pre-Employment Card Brokerage Services In terms of DSN MUI Fatwa Number 114/DSN-MUI/IX/2017 Concerning Syirkah Contracts Case Study of Medan City, both in the field and legally it is known that the activities of pre-employment jockey service providers include syirkah contracts that are permitted in the form of Syirkah 'abdan/syirkah a'mal, namely contracts carried out in collaboration with services or expertise which are transferred to another person based on agreement or proportion, one example of this pre-employment jockey.
LAW ENFORCEMENT AGAINST THE CRIMINAL ACT OF ILEGALLY IMPORTING THRIFT CLOTHES IN INDONESIA Hafis Vivaldi Akbar; Dedy Saputra; Zarah Fathia
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.v5i4.724

Abstract

The activity of illegally importing Thrift clothing in Indonesia seems to have become a pattern of life along with law enforcement actions that are less effective in overcoming criminal acts. This study aims to (1) find out the portrait of law enforcement against the criminal act of smuggling Thrift clothes in Indonesia; (2) to find out the factors causing the investigation into the alleged criminal act of smuggling Thrift clothing not to be carried out; and (3) knowing how to apply the law in law enforcement against the criminal act of smuggling Thrift clothes in Indonesia. This type of research is sociological legal research by exploring in depth the criminal act of importing thrift clothes illegally in Indonesia, especially in Indragiri Hilir district. The results of this study indicate that (1) law enforcement against the crime of smuggling Thrift clothing in Indonesia includes preventive and repressive measures; (2) the factors causing the investigation not to be carried out because the evidence was destroyed before entering the investigation stage; and (3) Law enforcement against the crime of clothing smuggling committed by Customs and Excise Civil Servant Investigators is not yet in accordance with statutory regulations.
IMPLEMENTASI POLIS ASURANSI JIWA SEBAGAI OBJEK JAMINAN TAMBAHAN DALAM MITIGASI RISIKO PEMBIYAAN PADA BANK (Studi di PT. Bank Sumatera Utara Syariah Cabang Medan) Pratiwi Nurhayati; Adlin Budhiawan
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.v5i4.727

Abstract

This journal discusses the role of life insurance policies as additional collateral in bank financing to minimize the risk of default by customers. It is also explained that life insurance policies are considered intangible movable property with an economic value that can be monetized. Although not the primary collateral, life insurance policies can be used as supplementary collateral to minimize financing risks. Banks can collaborate with insurance companies through the concept of Bancassurance to facilitate the process of opening and claiming life insurance policies. The cash value of life insurance policies can be taken into consideration as collateral for credit, provided that the collateralization is done formally, and the collateral can be sold or cashed out to settle the debtor's obligations. This research employs a juridical-empirical legal research method with a qualitative approach. The research results show that life insurance policies play a significant role in minimizing financing risks and protecting banks from default risks by debtors. The purchase or opening of life insurance as a requirement for financing is not explicitly regulated by the Financial Services Authority Regulation No. 42 of 2017 regulations but is an internal bank policy.
PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL MINYAK KELAPA MURNI (VIRGIN COCONUT OIL) BONE DALAM PERSPEKTIF INDIKASI GEOGRAFIS Irma Nur Yumna; Hasbir Paserangi; Marwah Marwah
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.v5i4.728

Abstract

Protection of the laws of intellectual property of the coconut oil bone in a geographical point of view (guided by paserangi and marwah). The purpose of this study is: to know, understand and analyze (i) how the character is present in pure bone coconut oil (vco) so that it is potentially protected intellectual property rights (geographic indications) and (ii) to know, understand and analyze the efforts of local governments and communities in promoting the legal protection of pure bone coconut oil (VCO). The kind of research carried out using empirical research methodology conducted interviews with primary source of information and data collection of craftsman ( vco ) pure coconut oil, the district government bone and the ministry of justice and human rights south sulawesi. The results of this study show that: (i) pure coconut oil ( vco) bone potential to register geographical indications for having a reputation, the quality and characteristic of its distinctive flavor.Based on a pure coconut oil laboratory test ( vco ) bone meets 5 (five) parameters to register geographical indications, which is the content of 81854 fatty acid, peroxide number 0.4996, Burial number 210.92 mg koh/gr, shit number 0.0002 %, and water number 0.1908 %. The government of the bone district is expected to make an effort to register geographically on pure coconut oil (Vco) as a step in order to obtain legal protection and legal certainty as well as to obtain exclusive rights and economic benefits, As set up in the 20-year law of 2016 about brands and geographical indications.
KEKUATAN SURAT PELEPASAN TANAH ADAT TERHADAP SERTIFIKAT TANAH YANG DITERBITKAN Andi Annisa Nurlia Mamonto
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.v5i4.729

Abstract

For the traditional law society, land has a very important position. Together with the influences of regulations outside of the traditional law community, therefore, there is a change of value standard of the utilization of rights upon traditional land by the traditional law society itself. Land not only has social values; however, it also has economic values, which means, the rights of ownership of traditional land now can be transferred by the traditional authority to other parties outside of the traditional law society by the release of rights upon traditional land, it can be concluded that the ownership of disputed land by the government without a letter of customary waiver from customary parties is an act against local customary law, which has been supported by valid evidence in accordance with the decisions of the district court and high court, therefore the Land Agency must be more thorough in issue land certificates so that they can protect land rights, especially over customary land rights, for owners who have a weak position.
KEPEMILIKAN RUMAH ORANG ASING YANG TINGGAL DI INDONESIA Suryadi Suryadi; Diko Setiawan Nugroho
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.v5i4.730

Abstract

The title of this article is "Foreign Home Ownership in Indonesia". The purpose of this study is to analyze the regulation of house ownership for foreigners living in Indonesia and the procedures for foreigners to own houses in Indonesia. The need for housing as a dwelling or place of refuge is a basic need of every human being, as is the need for food, clothing and shelter. Anyone who lives in a house is possessive and lives in their own house. Some people occupy other people's homes, whether they rent them out or not. One of the parties who can own a house as a residence is a foreigner residing in Indonesia. Foreign housing is based on certain property rights. This type of research uses legal research with a focus on normative research. In summary, the regulations regarding home ownership for foreigners residing in Indonesia are: According to Government Decree No. 41 of 1996 on Requirements for Foreigners to Own Houses and Minister of Agriculture/Head of Land Authority Decree No. 7 of 1996, both regulations require foreign owned houses to meet the following conditions: It isRequired. In Indonesia, housing refers to a house built on land. Owned or leased shares in buildings.
KAJIAN YURIDIS REGULASI PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNAAN DATA PRIVASI DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PELINDUNGAN DATA PRIBADI Lilik Prihatin; Muhammad Achwan; Citra Candra Dewi
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.v5i4.731

Abstract

Identical personal information, often referred to as personal data, is information that must be kept confidential to avoid the risk of misuse by irresponsible parties or the interests of other people. The study discussed is a juridical study on legal protection against misuse of privacy data in the Personal Data Protection Act No. 27 of 2022. This type of research is normative legal research which adopts a legal approach that uses secondary data types, to obtain information that is appropriate to the research topic. Data leak cases experienced by Indihome, PLN, users of the Ministry of Health and Health's e-HAC application related to cases of data leaks for BPJS, BRI Life customers, KPU final voter lists, Tokopedia users, pre-employment cards requiring KTP selfies, are an illustration where personal data information is the privacy of every individual whose data must be protected. So that legal protection can be accommodated in regulations or regulations in the Banking Law, Telecommunications Law, Consumer Protection Law, Human Rights Law, Public Information Disclosure Act, Health Law, Population Control Law , Electronic Information and Electronic Transaction Law. Privacy protection is also regulated in Law no. 27/2022 concerning personal data protection, which regulates the prohibition of using personal data that harms other people so that they can be subject to sanctions. Because the protection of individual statistics are a human right related to the protection of individuals, it is necessary to establish a legal basis for the protection of personal statistics based on the 1945 Constitution of the Republic of Indonesia (UUD 1945).
PERLINDUNGAN HUKUM PEREMPUAN KORBAN KEKERASAN SEKSUAL YANG MENGALAMI BLAMING THE VICTIM DI TINJAU DARI PERSPEKTIF VIKTIMOLOGI Muhammad Amin; Andri Nurkartiko
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.v5i4.732

Abstract

Sexual violence is a form of human rights abuse. This explicitly strips women of their constitutionally guaranteed civil right to safety and security, Article 28G(1) of the Constitution. Many women victims lose their right to recognition, security, protection, assurance of a fair trial and equal treatment before the law because they do not receive a fair trial. The purpose of this article is to first understand and explore the idea of ​​legal protection for female victims of sexual violence in Indonesia. Second, to determine the extent to which Indonesian law applies to the legal protection of female victims of rape. Attitudes and judgments toward victims are often at the root of sexual violence. It is therefore interesting to study victimology as part of criminal law. Victim blaming he can monitor and deal with in two ways (2). The first examines the impact of victim, perpetrator, and contextual characteristics on negative attitudes about sexual violence. The second approach focuses on investigating the relationship between victim blaming and victims of sexual violence. This type of research employs normative appraisals, and legal studies focuses on the study of legal provisions and includes jurisprudence, which consists of dogmatic studies of law, legal theory, and legal philosophy. The study concludes that the basic idea behind the emergence of victim-blaming legal protection for victims is the provision of Article 27 of the 1945 Second Amendment to the Constitution, namely that all citizens before the law. It is a recognition of equality of On the other hand, Indonesia has long had positive laws providing legal protection for victims of sexual violence. However, many laws and regulations in Indonesia do not contain provisions specifically aimed at victims of sexual violence who are victims of referrals.
PELAKSANAAN PENCORETAN HAK TANGGUNGAN (ROYA) PADA SERTIPIKAT DI KANTOR PERTANAHAN KOTA PEKANBARU DALAM MEMBERIKAN KEPASTIAN HUKUM Yuslim Yuslim; Iswandi Iswandi; Azmi Fendi
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.v5i4.733

Abstract

A mortgage is a guarantee of debt repayment. The write-off of the Mortgage Right (Roya) on the land certificate is the most important stage. It releases the Mortgage right on the certificate and land book (archive) located at the Office of the National Land Agency (BPN) because the debt has been paid off. This legal research uses an empirical juridical approach. While this type of research is descriptive and analytical. Data collection techniques were carried out through structured interviews and document studies. The results of the study of the implementation of the deletion of mortgage rights (roya) on certificates at the Pekanbaru City Land Office in providing legal certainty, namely that there is disharmony in each of the regulations governing the timeframe for arranging mortgage rights, there are differences in working days. In the latest provisions, the type of royal management service is 3 working days for manual and 1 working day for electronic, this is by the Decree of the Minister of ATR/BPN Number 440/SK-HR.02/III/2023. The abolition of the Mortgage must be followed by the erasing of the Mortgage Right from the Land Book of land rights burdened with the Mortgage Right, it is necessary to have evidence in the form of a written statement issued by the Creditor holding the Mortgage Right, that the debt guaranteed by the Mortgage has been repaid by the Debtor or has been deleted by law, thus the Mortgage can be crossed out for registration of deletion at the Land Office.
PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DALAM MEMBERIKAN KEPASTIAN HUKUM HAK ATAS TANAH MASYARAKAT (DI KOTA PEKANBARU) Kurnia Warman; Ardiansyah Putra; Jean Elvardi
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.v5i4.734

Abstract

PTSL is a land registration activity for the first time that is carried out simultaneously for all land registration objects throughout the territory of the Republic of Indonesia in one village/kelurahan area or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several registration objects. Land for registration purposes. In this study, the data sources were obtained from library research and field research. Data collection techniques were carried out through structured interviews and document studies. The results of the research on PTSL constraints in Pekanbaru City are the high cost of having to pay the payable PPh and BPHTB taxes, the problem of rights used, human resources, the problem of absentee land/land that is far from the owner and the problem of announcing physical data and juridical data. While the efforts made by the Pekanbaru City Land Office in overcoming PTSL obstacles are strengthening quality control over each stage of PTSL, providing work maps (base maps, land registration maps, area maps, SPIPP maps, and Regional Government/BUMN/BUMD asset data) to officers in the field, providing punishment and a whistleblowing system mechanism, improving data validation procedures for KKP applications, reviewing and improving PTSL budget implementation guidelines and quality control.

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