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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
PERLINDUNGAN HUKUM BAGI PIHAK DEBITOR DAN KREDITOR BARU PADA PROSES TAKE OVER ATAS ROYA HT-EL YANG DILAKUKAN OLEH KREDITOR LAMA Sri Wahyuni Y; Nurfaidah Said; 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.v5i4.747

Abstract

This study examines and analyzes the legal protection for parties, namely new debtors and creditors in the case of HT-el roya when paying off debt by third parties. This research is an empirical study, with a population of all Land Offices as mortgage service providers, BUMN Banks as creditors, and all Notaries/PPATs in South Sulawesi Province. The sample is determined by purposive sampling. Data collection techniques were conducted by interviews and analyzed by qualitative methods. The results of the study show that one form of legal protection that can be exercised for the debtor is to include a clause regarding mortgage rights in the credit agreement, including the time limit for filing royalties and the fees charged for the process. Thus, the debtor gets certainty over the cleaning of the mortgage guarantee. Whereas for new creditors the usual efforts are made when the party has not been able to register mortgage rights on collateral due to roya reasons, namely by making a Power of Attorney for Imposing Mortgage Rights (SKMHT). In addition, it can also be done by way of subrogation.
DIALEKTIKA PERBEDAAN INTERPRETASI UMBRELLA CLAUSE DALAM BILLATERAL INVESTMENT TREATIES SEBAGAI PERLINDUNGAN INVESTOR DALAM PUTUSAN ARBITRASE ICSID SGS V. PAKISTAN DAN SGS V. PHILIPPINE Alfa Fitri
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.v5i4.749

Abstract

Investor-state dispute settlement in current developments has become a problem that often arises in international investment affairs. There are two different objectives, where investors aim to get the maximum profitability and host states aim to benefit from investment while taking into account the national interest in the country. However, the difference in objectives still has something in common, namely investors and host states have equal treatment of their respective rights protected by Bilateral Investment Treaties (BIT) or Contractual Commitments which ultimately conflict gives birth to disputes. The umbrela clause is present in the BIT between the parties as an effort to provide protection for related investments from forms of breach of contract that occur. However, problems arise when two ICSID rulings are born from which give different interpretations of the umbrella clause. This paper is doctrinal with secondary qualitative data collection. The problem approach used in this study is a conceptual approach, by examining the umbrella clause both from previous arbitration awards and expert opinions.This study resulted in conclusions that emphasized the breakfast theory of jurisprudence as the main factor that determines judges in making different interpretations of umbrella clause
TINJAUAN HUKUM TERHADAP UNDANG¬-UNDANG NO 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK BERKAITAN DENGAN PENYITAAN HP DI SEKOLAH BERDASARKAN PERSPEKTIF FIQH SIYASAH Shinthia Asih Nauli; Fatimah Fatimah
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.v5i4.750

Abstract

Confiscation is one of the forced measures regulated in the Criminal Procedure Code (KUHAP). This often happens in every school holding students' cellphones confiscated without clear knowledge. In fact, the school not only confiscated students' cellphones but also checked the contents of the cellphone, this action was allegedly against the law. Even though the school cannot search the contents of students' cellphones without clear permission because everyone has the right to freedom, to privacy, and also to personal data. Based on Article 26 paragraph (1) in conjunction with Article 30 paragraph (1) Law No. 19 of 2016 concerning Information and Electronic Transactions. With the legal review, it is hoped that the school does not violate human rights, including confiscating cellphones at school, the school is not arbitrary in carrying out forced searches of students. This research is a empirical juridical law research with statutory and conceptual approaches. The results of this study are that law enforcement in carrying out forced searches of students' cellphones cannot be arbitrary, but the implementation of these searches must be based on or be based on an applicable statutory regulation.
TINJAUAN YURIDIS TERKAIT KEPASTIAN HUKUM HAK PERTANAHAN DAN JAMINAN FIDUSIA BAGI PEMEGANG IZIN PEMAKAIAN TANAH DI KOTA SURABAYA Elysia Arianti Dewi; Suyatno Suyatno; Fajar Rachmad Dwi Miarsa; M. Zamroni; Ahmad Heru Romadhon
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.v5i4.751

Abstract

The objectives of this study are to: (1) determine the best course of action for the Municipality of Surabaya's Ijo Letter owners in terms of legal certainty so that they can transfer land rights in the future with minimal formalities and at market rates; and (2) conduct a legal analysis pertaining to the terms of fiduciary guarantees and their relationship to the position of IPT as collateral for immovable tangible objects. This kind of study employs normative legal research. The data analysis used is qualitative analysis, which entails examining data derived from legal sources in accordance with doctrines, theories, rules and regulations, laws and principles, expert opinions, or the researchers' own ideas. The study's findings revealed that: (1) IPT (Land Use Permit) or Letter Ijo are permits unrelated to agrarian reform, and in accordance with national land law, which upholds the principle of horizontal separation, the Surabaya City Government is legally in possession of land rights with management rights from the State, while IPT holders are the owners of buildings that have been built on the land. (2) Only the building is authorized as a fiduciary assurance on property having IPT status and complying to the horizontal separation concept. This is in accordance with Surabaya Regional Regulation 3/2016 article 7 letter (c) and the evaluation of structures erected on land with assured IPT status based on their legal standing and future market potential
KONSEP RESTORATIF JUSTICE DALAM SISTEM PEMIDANAAN PADA PERADILAN MILITER Nugroho Muhammad Nur; Audyna Mayasari Muin
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.v5i4.752

Abstract

Restorative justice is an alternative approach to criminal resolution that focuses on restoring harm caused by the committed crime for the benefit of the victim, offender, and community. It aims to rebuild the damaged relationships resulting from the crime by addressing the incurred harm, restoring justice for the victim, and providing the offender an opportunity to acknowledge their mistake and make amends to the community. Implementing restorative justice in the Military Justice system can be achieved by strengthening and developing mediation mechanisms as an alternative means of resolving criminal offenses. Mediation can involve various parties, such as the victim, offender, family, and community. The research method employed in this study is normative research. The problem approach in this study involves using a legislative approach and a conceptual approach. The resolution of criminal offenses through restorative justice mechanisms in the Military Justice system can be implemented by considering the principles of justice, utility, and legal certainty. The concept of restorative justice in the Military Justice system can be implemented through two methods, namely through the Formulation of Military Justice System Regulations and Mediation.
PERLINDUNGAN HUKUM TERHADAP HAK ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN YANG MENGGUNAKAN SENJATA TAJAM PADA TAHAP PENYIDIKAN DI POLRESTA PADANG Mufty Mufty; Erry Gusman; Riki Zulfiko
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.v5i4.753

Abstract

Laws are rules that allow people in general to actively carry out through special intermediaries who have the authority to carry out legal coercion, economic sanctions such as fines, etc. Children are part of the younger generation as one of the human resources who are potential and successors to the ideals of the nation's struggle in the future, who have a strategic role and have special characteristics and characteristics, require guidance and protection in order to ensure balanced physical, mental and social growth and development. Theft with violence from a legal perspective is one of the criminal acts that is troubling and detrimental to society. Therefore, legal action must be taken. The act of motorbike robbery carried out by a group of people or organized is in essence an act that is contrary to religious, moral, ethical and legal norms, and endangers the livelihoods and lives of the community, nation and state. Based on the Criminal Code, begal is included in "Criminal Acts of Theft Chapter XXII specifically regulated in Article 365 of the Criminal Code. This has been regulated in the Criminal Code Article 365 paragraphs (1), (2) and (3), namely with a maximum penalty of nine years, twelve years, even life imprisonment. The type of research used is Juridical Empirical. The research results obtained, namely: 1). Legal protection for minors who commit criminal acts of theft using sharp weapons in the jurisdiction of the Padang Polrestabes. 2). Obstacles and efforts faced by Padang Police investigators in protecting children's rights as perpetrators of crimes of theft using sharp weapons in the jurisdiction of the Padang Polrestabes. Based on the results of the research it is suggested: The members of the Padang Polrestabes are more active and effective in conducting outreach to the public regarding the large number of crimes or criminal acts of theft that use sharp weapons
PERBANDINGAN HUKUM INDONESIA DAN INDIA TERHADAP PENYELESAIAN SENGKETA ARBITRASE SECARA ONLINE Muhammad Angga Fathurrahman; Lenny Husna
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.v5i4.758

Abstract

This article aims to find out the comparison of Indonesian and Indian law to the existence of online arbitration. Comparison of laws by comparing the national legal arrangements of each country. This research uses normative legal research which is prescriptive in nature. The approach used in this research is the statute approach and the comparative approach. The legal materials used in the research are primary and secondary legal materials with data collection techniques using library research. The method of legal analysis is carried out in a syllogistic manner by conducting an analysis in general and then withdrawing it specifically. Based on the research and discussion, it can be concluded that arbitration is an alternative method of dispute resolution, economic development and globalization are expanding the reach of the community to form business agreements both nationally and internationally. The legal systems of Indonesia and India have not specifically regulated online arbitration. The national laws of these two countries generally regulate the application of online arbitration, but the application of online arbitration can be carried out if the procedure does not violate the provisions of national law. The arbitral institutions of the two countries, namely the Indonesian National Arbitration Board (BANI) and the Indian Council of Arbitration (ICA) have regulated procedural rules that each apply in the two countries.
PERLINDUNGAN KREDITOR ATAS KEWENANGAN MUTLAK OTORITAS JASA KEUANGAN TERHADAP PERMOHONAN PERNYATAAN PAILIT PERUSAHAAN PERBANKAN Khardin Khardin; Anwar Borahima; Winner 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.v5i4.760

Abstract

The revocation of a bank's business license by OJK does not eliminate its status as a bank. Therefore, there is no opportunity for Creditors to apply bankruptcy statements for a bank because this authority absolutely rests with the OJK. Legal protection for Creditors can be pursued by the OJK by immediately resolving the bank through bankruptcy proceedings if the liquidation process is problematic, or the liquidation team formed by LPS gives advice to the OJK to make bankruptcy efforts if liquidation process it is found that the amount of debt is higher than the bank's assets, or the Creditor may take other legal remedies by filing a civil lawsuit on the basis of default. This research is a normative legal research. The type of it uses is a statute and conceptual approaches. The types and sources of legal materials used are primary legal materials and secondary legal materials related to the object of research. Literature research used to collect legal materials. This research uses a qualitative analysis which is prescriptive.
PEMAKSAAN KONSEP TRIAS POLITICA PADA KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI DALAM SISTEM KETATANEGARAAN INDONESIA Mashudi Mashudi; Prihatin Effendi; Abdul Basid; Abu Rizal Fadli
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.v5i4.761

Abstract

This article analyzes the coercion of trias politica on the KPK's position in the Indonesian constitutional system in Act Number 19-year 2019 concerning KPK, which the author limits to three issues: first, the background of KPK institution in Indonesia, secondly the position of KPK in Indonesia's constitutional system after the revision of the KPK’s Act, and third analysis the KPK's position. This research is normative legal research with statutory approach, conceptual approach, historical approach, and comparative approach. The results show that the background to the existence of the KPK in Indonesia is due to the inability of conventional institutions to resolve corruption, namely the Police and the Attorney General's Office which incidentally are part of the executive. The position of KPK in the state administration system in Indonesia after the revision of the KPK’s Act has been transformed into part of the trias politica concept, namely the executive branch. And the transition of the KPK's position in the state administration system in Indonesia to being part of the Executive clearly imposes the concept of trias politica which is outdated. KPK should remain an independent institution that can be aligned with the trias politica, as many other countries have done.
PERLINDUNGAN HUKUM TERHADAP KERUGIAN KREDITUR DALAM PERJANJIAN LISAN HUTANG PIUTANG AKIBAT WANPRESTASI DENGAN PEMBUKTIAN ELEKTRONIK Arina Dewi Fortuna; Arikha Saputra
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.v5i4.762

Abstract

The case of debts and receivables fulfilling deaflut in the case of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg was caused by the negligence of the debtor which caused the creditor to suffer losses. To obtain its rights, the creditor must prove the existence of the agreement. However, such contracts are only oral in nature and therefore have weak legal force. To prove the debtor’s negligence, creditors use electronic evidence in the form of screenshoot of Whatsapp messages and proof of transfers. Electronic evidence submitted is considered valid evidence under UU No.19 tahun 2016 tentang ITE. This research case is normative legal research and the research method is descriptive analysis. Analysis of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg. The results of research on the decision concluded that the legal protection of oppression was given after a dispute arose or was resolved. In this case the creditor filed a lawsuit with The Padang Distric Court to get the fairest settlement. According to creditors to seek legal protection for bankrupt debtors in court when the plaintiff appears to have bad intentions and is evasive. Until the final decision, the plantiff and the defendant must fulfill their obligations under the agreement.

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