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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
PERANAN JAKSA PENUNTUT UMUM PADA LINGKUP KEJAKSAAN TINGGI PAPUA DALAM PELAKSANAAN DIVERSI PADA PELAKU TINDAK PIDANA ANAK 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.v5i4.763

Abstract

Child development cannot be separated from the development of community life in the environment where the child is. National development is a process of modernization of globalization which is difficult to avoid in terms of communication, information, and technology, bringing positive and negative consequences. The positive aspects include adding insight and abilities to children in particular. Meanwhile, from the negative side, there are many child cases that occur as a result of the influence of technology, so that many children become victims of crimes, both from rape and obscenity. under the juvenile justice system. Prosecution of juvenile crimes is in conflict with the law because the application of criminal sanctions to juvenile cases in the juvenile justice system is different from the application of sanctions to the adult criminal justice system. Underlying this, this study aims to find out how effective the role of the Public Prosecutor is in implementing diversion against juvenile offenders at the Papua High Court and what factors affect the effectiveness of the role of the Public Prosecutor in implementing diversion against juvenile offenders at the Papua High Court. This type of research is empirical legal research, using primary data and secondary data. The problem approach in this study is the statutory approach (statute approach) by comparing its implementation when a health emergency occurs in Makassar City. The results of this study indicate that the implementation of the criminal act of health quarantine in the Covid-19 health emergency in Makassar City has not proceeded in accordance with the law. This is influenced by law enforcement factors, facilities and infrastructure, and community cultural factors.
IMPLEMENTASI PENEGAKAN HUKUM TINDAK PIDANA PERUNDUNGAN (BULLYING) OLEH ANAK DI KOTA WATAMPONE Muh. Hasby Fathurrahman Salewangeng; Muhadar Muhadar; Nur Azisa
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.v5i4.764

Abstract

From 2011 to 2015 at least 1,850 cases of bullying occurred at school and outside school. This research reviews two problems, How is the enforcement implementation of law enforcement of criminal disputes (bullying) by children in Watampone towns and any factors that hinder the implementation of law enforcement (bullying) by children in the city of Watampone. The kind of research used is empirical legal studies or research law sociological or research field law. Reviewed from the number of cases bullying by high-counted children despite efforts such as bullying-related counseling at school. This can be concluded that the case of bullying by the child was not found at the watampone state court compared to the number of cases existing. The factors that hamper law enforcement ( bullying ) perundungan crimes by children in a city watampone not run according to the rules and the law, the law enforcement, the facilities and infrastructure, the people and the culture. Reviewed by the enforcement factor of bullying by children in the city of Watampone, the surrounding environment should pay more attention to the behavior of children so that they do not trigger the occurrence of bullying by children.
PENGARUH LINGKUNGAN KERJA, PELATIHAN KERJA, DAN DISIPLIN KERJA TERHADAP PRODUKTIVITAS GURU PADA SMK ISLAMIC CENTER BERBASIS PONDOK PESANTREN SULAWESI TENGAH Muhammad J Wartabone
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.v5i4.768

Abstract

This study aims to determine the work environment, job training, and work discipline on teacher productivity. The object of this research is Islamic Center Vocational School Teachers based on Central Sulawesi Islamic Boarding Schools engaged in education. The variables used in this study as independent variables are work environment, job training, and work discipline and the dependent variable is teacher productivity. This type of research is descriptive quantitative. This study used a sample of 62 respondents, the data collection technique was a questionnaire (questionnaire). Analysis of the data used is the validity test, reliability test and hypothesis testing. The data were analyzed using multiple regression methods. Then tested by t-test and F-test with a confidence level of 5 percent. As a requirement analysis test, data analysis techniques, and hypothesis testing used is SPSS 25 analysis.
ANALISIS PEMERKOSAAN DALAM RUMAH TANGGA (MARITAL RAPE): SEBAB, MODUS OPERANDI, PERLINDUNGAN HUKUM TERHADAP KORBANNYA DAN UPAYA MENGATASINYA Salsabila Anjani; Rajin Sitepu
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.v5i4.779

Abstract

Marital Rape is something that makes a household unhappy, in fact it is a criminal act. Against this background, this research was conducted. This research is intended to reveal what causes the occurrence of Marital Rape, what is the modus operandi, how does the law protect victims and efforts to overcome them. This research is a normative juridical research in which data related to the Marital Rape problem are collected from library materials, both from journals, books and other library materials, the data obtained is then analyzed, identified, analyzed and concluded with inductive logic. The results of this study state that there are several reasons for Marital Rape, both direct causes, namely rejection by the wife; unbalanced libido and drunken husband. While the indirect causes are forced marriages; lack of communication and dependence of the wife because of economic difficulties. Furthermore, based on the analysis of several cases, the perpetrators tended to use violence and threats against the victim as well as threats of divorce so that the victim felt threatened and inevitably had to comply with the perpetrator's sexual desires regardless of the victim's condition. Legal protection for victims of Marital Rape has been regulated in a law, namely UU-TPKS. This law threatens to punish the perpetrators of Marital Rape. In addition, this law also regulates recovery efforts for victims of Marital Rape. Efforts that can be made to overcome cases of marital rape are as follows: Awareness and Education Raising; Effective Law Enforcement; Victim Support; Women empowerment; Collaboration between agencies.
EFEKTIVITAS PERATURAN PEMERINTAH NO. 43 TAHUN 2014 TENTANG DESA TERHADAP TINGGINYA KASUS KORUPSI DANA DESA PERSFEKTIF FIQH SIYASAH Indah Nurhazlin Natasyah; Ilhamsyah Pasaribu
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.v5i4.782

Abstract

Based on data from Indonesia Corruption Watch (ICW), the village budget is the most vulnerable to corruption. In the last seven years, there have been 592 cases of corruption, and ICW noted that the village government was the institution that carried out the biggest corruption cases. This research uses a type of normative juridical research that refers to statutory law, namely PP No. 43 of 2014 concerning implementing regulations for the Village Law and other literature as a support for literacy with the aim of knowing the effectiveness of these regulations for the high number of village fund corruption cases in Indonesia and their studies according to fiqh siyasah. The results of this study indicate that PP No. 43 of 2014 when analyzed based on a juridical approach, namely Law no. 12 of 2011 concerning the procedure for forming laws and regulations, there are elements that do not work effectively in society, namely elements of usability and efficiency, PP No. 43 of 2014 does not clearly provide oversight over the use of Village Funds by the village government, it should be as implementing regulations of the Village Law PP No. 43 of 2014 provides effective efficiency, especially in limiting cases of village fund corruption in Indonesia.
STRATEGI PENCEGAHAN DAN PENANGANAN POLITIK UANG DALAM PENYELENGGARAAN PEMILU SERENTAK DI INDONESIA Dewi Asri Puannandini; Sani Urpiah
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.v5i4.784

Abstract

Money politics is a serious problem in the implementation of elections in Indonesia. Currently money politics has become a culture and commonplace in the eyes of the Indonesian people, so that people have no fear of practicing money politics, either by giving rewards or receiving certain rewards by the candidates. The practice of money politics must be prevented in order to create a good, transparent and accountable democratic system. This research is a normative juridical research. The approaches used in this study include a conceptual approach, a statutory approach, and a case approach. Sources of data obtained from primary and secondary data sources. From the results of the study it was found that the factors for the occurrence of money politics include: first, People's views that are used to money politics in elections, second, money politics become a bad culture every Indonesian election, third, weak law enforcement in Indonesia, fourth, weak faith factor, fifth, poverty factor. Sixth, the lack of public understanding of politics and the impact of money politics. The prevention efforts include: the establishment of an electoral justice system (EJS), providing understanding to the public about politics and the impact of money politics, and eradicating poverty in various sectors. Strengthen law enforcement and regulations as well as sanctions both criminal and administrative to deter perpetrators of money politics. lack of public understanding of politics and the impact of money politics.
IMPLEMENTASI KEBIJAKAN KABUPATEN LAYAK ANAK (KLA) DI KECAMATAN KINALI KABUPATEN PASAMAN BARAT Rinawati Rinawati; Annisa 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.v5i4.796

Abstract

This study aims to answer the formulation of the problem regarding how to implement child-friendly policies (KLA) in the Kinali District, West Pasaman Regency, and the importance of this policy in West Pasaman. To answer the research problem, field research was used. The method used was a qualitative method with a descriptive approach based on data collection techniques in this study including observation, interviews, and documentation. Data were analyzed namely data reduction, data presentation, and data verification or conclusion. The results of this study indicate that the successful implementation according to Edward III --namely communication, resources, disposition, and bureaucratic structure. The implementation of child-friendly districts in the Kinali sub-district is protected by legal force in the form of regional regulations and regent regulations. However, it needs to be followed by other supporting actions and policies. Because in the disposition variable as measured by the commitment of the executors, there are still deficiencies. The importance of Child-Friendly District Policies (KLA) in Kinali District, West Pasaman Regency, namely to: Carry out the Mandate of Law No. 35 of 2014 Concerning Child Protection and Fulfillment of Children's Human Rights and Providing space for children to address environmental issues where children, like adults, can be invited to cooperate and solve problems related to the environment.
KEDUDUKAN HUKUM NOTARIS DALAM PENCEGAHAN PENGGUNAAN HASIL KORUPSI DALAM PEMBENTUKAN PERUSAHAAN Arvita Hastarini
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.v5i4.797

Abstract

The reduced central supervision of the regions causes budgetary and authority deviations so that they tend to commit acts of corruption. Various methods were used to hide the money resulting from corruption, one of which was by placing the funds in a company. Through normative juridical research, it is found that notaries can play a role in preventing money laundering by reporting perpetrators who are suspected of committing money laundering crimes even though the Notary Office Law requires Notaries to keep everything confidential regarding the deed, unless the Law stipulates other. The legal position of a Notary, apart from being a public official (openbaar ambtenaar) who is authorized to make authentic deeds, can be held responsible for his actions in connection with his work in making deeds and is obliged to keep the contents of the deed secret, but also a Notary as part of law enforcement officials and citizens of Indonesia. who comply with the law according to government regulation Number 43 of 2015 is one of the parties that is obliged to report a party suspected of having committed a crime of money laundering.
PERANAN PEMBIMBING KEMASYARAKATAN KASUS PERUNDUNGAN (BULLING) DENGAN SISTEM DIVERSI BERDASARKAN UU RI NO 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Banias Sariadi; Asep Herman
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.v5i4.798

Abstract

In the 1945 Constitution (UUD 1945) Article 28B paragraph 2 states that children are the future of a nation that needs protection for the lives of children to guarantee the right of every child to live, grow and develop. In legal problems, children are always exposed to criminal cases which are often found in the community which always cause problems with the association of children, both as suspects and victims of a crime. Criminal cases are generally rigid and standard in nature to resolve the problem of a case with minors because it is always linked to the child's parents. Soa juvenile criminal settlement is needed which has the principle of prioritizing the best interests of the child and presenting restorative justice. Method: Using Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) and Supreme Court Regulation (PERMA) Number 04 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System, the process of settling child cases can be carried out outside the criminal or ordinary mechanisms known as Diversion. Findings: research results According to the SPPA Law, Differentis the transfer of settlement of child criminal cases from the criminal justice process to processes outside the criminal justice. Diversion has the goal of achieving peace between victims and children by facilitating the role of community counselors and resolving child cases outside the judicial process to prevent children from being deprived of independence and encouraging the community to participate in instilling a sense of responsibility towards children. Conclusion: Settlement of juvenile criminal cases through diversion can also be described as a system when the facilitator's role as a social advisor regulates the process of resolving conflicting parties to achieve a satisfactory resolution as restorative justice.
PERLINDUNGAN HUKUM TERHADAP PERJANJIAN PERKAWINAN ATAS HARTA BERSAMA AKIBAT PERCERAIAN Fista Hery Nooryanto; Maria Yosepin Endah Listyowati; Diyah Setyaningrum
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.v5i4.799

Abstract

The purpose of the study is to identify the legal protection of marital agreements on joint property due to divorce and the benefits of marital agreements as a form of prevention, as well as legal protection of husband and wife's property in the event of divorce. The research method with a normative approach using a conceptual approach analyzes the problem using legal theory and conducts research on legislation that applies and is relevant to the problem. A marriage agreement is considered valid if it is made in writing in the form of a notarial deed before a notary and legalized by the civil registry, namely the KUA for those who are Muslims and a legal entity of citizenship for non-Muslims. Islam. and register with the local District Court, as stated in Chapter V Article 29 Paragraph (I) of the Marriage Law with the Constitutional Court Decision Number 69/PUU-XIII/2015 and its contents also apply to other parties who have an interest. It is concluded that the legal protection of a marriage agreement on joint property due to divorce provides freedom in determining the time for couples to make a marriage agreement and protect their property in the event of a divorce.

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