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Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
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+6285263256164
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editor.unesreview@gmail.com
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JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
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Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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
Search results for , issue "Vol. 5 No. 4 (2023)" : 552 Documents clear
PELAKSANAAN PEMBINAAN NARAPIDANA WANITA PELAKU TINDAK PIDANA NARKOTIKA DI RUTAN WANITA KELAS II A SURABAYA Muhammad Juniar Prabowo; 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.v5i4.735

Abstract

This study aimed to find out the coaching exercises for women perpetrators of narcotics crimes in Class II A Women's Detention Centers in Surabaya. This study uses empirical juridical research methods. Data analysis used is a qualitative approach to primary and secondary data. The results of research on narcotics women's psychoactive psychotherapy training at Class II A Women's Detention Center in Surabaya concluded that Class II A Surabaya Women's Detention Center carried out 2 (two) training programs for female psychopaths. The first is personality development where this coaching is more directed to the personality of each person with disabilities, this coaching itself includes spiritual development and physical training. The second is self-reliance coaching where this training is so that when the tired ones leave the Surabaya Class II A Women's Detention Center they can become even more independent with the provision of coaching results at the Class II A Women's Detention Center Surabaya.
PENGUNGKAPAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM OLEH PERS: EVALUASI TERHADAP DEWAN PERS INDONESIA Nur Hasanah; Patricia Rinwigati
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.v5i4.736

Abstract

This article examines the disclosure of the identity of Children in Conflict with the Law (CCL) by the press in reporting on the internet media. The research method used is normative juridical with a prescriptive research type that is literature study. The type of data used is secondary data. The research results show that the disclosure of identities by the press has violated the provisions of Article 5 of the Journalistic Code of Ethics and the Regulation of the Press Council Number 1/PERATURAN-DP/II/2019. The disclosure of photographs in such cases can be reported to the Press Council by filing a complaint against the journalistic work. The concealment of the identity of children in conflict with the law aims to ensure that CCL can be accepted in society, as if the identity of CCL is revealed, there is a fear that the child will have difficulty being accepted by society, as they may be labeled as "criminal perpetrators."
PENEGAKAN HUKUM OLEH PENYIDIK PEGAWAI NEGERI SIPIL (PPNS) BALAI BESAR PENGAWAS OBAT DAN MAKANAN (BBPOM) PADANG TERHADAP PANGAN OLAHAN TANPA IZIN EDAR (Studi Kasus: di Wilayah Hukum BBPOM Kota Padang) Febrian Akhirama Saputra; Najmi Najmi; Aria Zurnetti
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.v5i4.737

Abstract

Processed food is everything that originates from agricultural, plantation, forestry, fishery, water and water products, either processed or not processed, which are intended as food or drink for human consumption, including processed food additives, processed food raw materials, and processed food ingredients. other products that are used in the process of preparing, processing and/or making food or drink, in order to maintain the safety of processed food, this is where the role of the government through the Food and Drug Supervisory Agency (BPOM) is needed to oversee drug and food distribution. The ineffectiveness of supervision and law enforcement on the distribution of drugs and food is due to the poor legal culture of society which is one of the factors causing the high circulation of processed food without a distribution permit, besides that it is also influenced by the weakness of substance and legal structure. Efforts to tackle crime with criminal law are essentially part of law enforcement efforts. The issue raised in this study is how is law enforcement by Civil Servant Investigators (PPNS) Padang Food and Drug Supervisory Agency (BBPOM) against the circulation of processed food without a distribution permit and what are the obstacles and obstacles. The research used is a sociological juridical approach which is analytically descriptive in nature, namely analyzing the link between applicable laws and regulations and legal theories and implementation practices related to the research object which then produces several conclusions. In carrying out surveillance of processed food circulating in the community, BBPOM still often finds processed food without a distribution permit that does not meet processed food standards. In carrying out law enforcement, BBPOM already has several mechanisms in accordance with statutory regulations where these rules have a juridical aspect that can guarantee certainty that the law functions as a rule that must be obeyed. In fact, the investigation and supervision carried out by BBPOM has not guaranteed legal certainty, because existing regulations are not adhered to and the constraints faced are the lack of availability of human resources and the weak authority of BBPOM in taking action against processed food without a distribution permit.
PENCATATAN PERJANJIAN LISENSI OPEN-SOURCE SOFTWARE SEBAGAI RESIDU DARI FORMALITAS HAK CIPTA Ilham Tri Putra Mahpudin; Happy Yulia Anggraeni
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.v5i4.738

Abstract

In two decades, technological developments have made the existence of intellectual works such as open-source software with economic inlays grow quite rapidly. This phenomenon is inseparable from the debate on the obligation to regist er computer program copyright license agreements as in Law Number 28 of 2014 concerning Copyright. This research revisits the obligation to record copyright license agreements required to reconstruct existing rules to present a new perspective of viewing OSS as one of the main sources in developing computer programs. The type of research is normative law. The approach uses legislation and conceptual. The results of the study concluded that although recording the license agreement is necessary as a proof base, recording is considered to add to the length of the bureaucratic process which can reduce interest in creativity, and cause confusion because copyright is not required to be registered
MEKANISME PENGHAPUSAN MEREK ATAS PRAKARSA MENTERI (STUDI KASUS PERKARA MEREK GEPREK BENSU) Yoel Sitorus
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.v5i4.739

Abstract

Trademark protection serves as an identification mark for a product. Therefore, the existence of brands that are identical to one another certainly creates confusion for the public regarding these brands. This is what happened in the Geprek Bensu and I Am Geprek Bensu problems. Thus, it is necessary to study the mechanism for removing marks on the initiative of the Minister.
AKIBAT HUKUM TERHADAP PERJANJIAN GADAI YANG OBJEK GADAI BUKAN HAK MILIK DEBITUR (Studi Putusan Nomor 170/Pdt.G/2018/PN Skt) Wulan Cahya Ningrum; Yuniar Rahmatiar; Muhamad Abas
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.v5i4.740

Abstract

A pawn agreement is an agreement between the creditor and the debtor, where the creditor obtains collateral for the goods provided by the debtor, and the debtor obtains collateral for the goods bound by him in the form of a money loan. The goods used as collateral or bound by a pawn agreement must be goods that belong to the debtor. The problem that can be discussed in this paper is the legal consequences of a pawn agreement with a pawn object that does not belong to the debtor as collateral and the judge's consideration in Decision Number 170/Pdt.G/2018/PN Skt. related to the object of pawn collateral. This paper uses normative juridical research methods. The conclusion of this research is that a pawn agreement held as collateral for a pawn object that does not belong to the debtor can make the pawn agreement null and void in accordance with Article 1320 of the Civil Code and analogous to the provisions of Article 1471 and the judge's consideration is correct and in accordance with applicable regulations. The verdict decided that The Joe An had legally committed a tort against PT Pegadaian and stated that the evidence which was also the object of the pawn collateral in this case must be returned to Koentjahjono Tanto as the owner of the gold shop.
PENGATURAN TINDAK PIDANA KORUPSI SEBELUM DAN SESUDAH BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP, DALAM UPAYA MENURUNKAN ANGKA KORUPSI PADA SEKTOR SWASTA Anita Zulfiani; Agung Nur Probohudono; Khresna Bayu Sangka
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.v5i4.741

Abstract

Corruption is a legal issue that always comes up. The level of corruption in the private sector is quite high. Based on Corruption Eradication Commission (KPK) data, in 2004-2021, private parties who were convicted of corruption reached 359 people or 26%. This paper discusses the regulation regarding corruption, especially related to the private sector, before and after the enactment of Law Number 1 of 2023 concerning the Criminal Code. This paper uses normative writing methods with statutory and comparative approaches. Corruption is regulated in the Criminal Code Articles 209, 210, 378, 388, 418, 419, and Article 420. These articles were revoked after the enactment of Corruption Law. Corruption regulation in Law Number 1 of 2023 concerning the Criminal Code are contained in Articles 603, 604, 605(1), and Article 606 (1). There have been changes in the regulation of corruption, including the abolition of the threat of the death penalty. The criminal act of corruption in the New Criminal Code does not make corruption cases lose its category as a special crime and extraordinary crime, because the existence of corruption articles in the New Criminal Code aims to compile a codification of criminal law, where corruption articles are generally formulated as core crimes, which function as bridging articles between the New Criminal Code and laws outside the New Criminal Code. The corruption law as a lex specialis requires a lex generalis in criminal code, this codification does not eliminate corruption from it’s characteristic as a special crime, and the Corruption Law in general is still in force, as well as the KPK (Corruption Eradication Commission) is still authorized to deal with corruption.
PENGAWASAN PEJABAT PEMBUAT AKTA TANAH OLEH MAJELIS PEMBINA DAN PENGAWAS PPAT DAERAH DI KABUPATEN AGAM Nadya Paramitha; Kurnia Warman; Hengki Andora
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.v5i4.743

Abstract

Supervision of PPAT by the Regional PPAT Advisory and Supervisory Board in Agam Regency is carried out based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 2 of 2018 (Permen ATR / BPN), supervision of the implementation of PPAT positions, this is carried out at least once a year. The forms of violations committed by the PPAT in Agam Regency based on the results of Supervision by the MPPD PPAT Agam Regency can be grouped based on 2 categories, namely violations related to the attributes of the PPAT in carrying out such as violations of rules related to the PPAT stamp. Violation for not being notified in writing of changing office address, Violation because there is no guest book and attendance list of PPAT and employees. The second category is violations related to the deed in the form of violations because there is no deed formula, violations because there is no numbering in the deed book, there are no numbers and names in the volume of the document, violations because there is no photo evidence when committing the violation of the deed and violations because the deed does not comply with Article 26 PP No. 37 of 1998 concerning PPAT, and violations because the deed has not been bound and bundled. The findings obtained at the inspected PPAT office will be included in the inspection problem, which also provides an inspection
KETIKA BEA MASUK ANTIDUMPING TIDAK DAPAT MENGOREKSI MONOPOLI, PERLUKAH DIKENAKAN? PELAJARAN DARI PENGENAAN BEA MASUK ANTIDUMPING TERHADAP LISIN RRT Yustinus B. Solakira
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.v5i4.744

Abstract

Anti-dumping measures are truly a limited exemption from multilateral agreements on tariff elimination under WTO. This exemption is provided under WTO laws in order to remedy domestic industry’s injury caused by dumping, which is viewed not only as an unfair trade practice but also as unfair competition behaviour. Ironically, the imposition of antidumping measure on lysine importation from People’s Republic of China even brings about an anti-competitive impact on domestic industry. An antidumping measure which is aimed at condemning predatory price fixing even creates a monopoly within domestic industry for the like product.The imposition of the antidumping measure eventually eliminate competitors from the relevant market and leave a domestic producer in the market as a single supplier. So, the questions here are: how the antidumping measure has been considered so that such a measure aming at overcoming an unfair trade practice and an unfair competition can bring about an anti-competitive impacts on domestic industry? Can an antidumping measure make a correction to unfair competition in domestic industry? This paper is going to discuss and answer those questions.
KEPASTIAN HUKUM PENERAPAN ASAS FIRST TO FILE PADA MEREK DAGANG DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NO.2/PDT.SUS.HKI.MEREK/2022/PN.NIAGA.SBY) Muhammad Syahrul Maulana; Christine S.T. Kansil
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.v5i4.746

Abstract

Ms.Glow and Ps.Glow where the product or brand name and type of product or brand and type of product belonging to Ms.Glow almost resemble Ps.Glow. In this case it is known that the first to file principle has not been implemented. Protection of the rights to a new mark will be obtained after the new mark will be obtained after the mark is registered, this is in accordance with the provisions contained in Article 3 of Law Number 20 of 2016 concerning Marks and Geographical Indications. in the form of preventive legal protection or repressive legal protection. Therefore the aims of this study are: (1) To find out the legal certainty of the application of asar first to file on trademarks in Indonesia (2) To find out the responsibility of the Directorate General of Intellectual Property Rights for the application of the first to file principle in trademark registration in Indonesia. To achieve this goal, this research was conducted using normative juridical methods. The collected legal materials will be comprehensively reviewed and analyzed deductively with a systematic presentation.

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