Unes Law Review
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
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<![CDATA[PENYELESAIAN PERKARA WANPRESTASI DALAM ARISAN BERBASIS ONLINE ]]>
<![CDATA[David, Brandon]]>;
<![CDATA[Djajaputra, Gunawan]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.630
<![CDATA[In essence, Indonesia is a state based on law as stated in the Constitution of the Republic of Indonesia Article 1 paragraph 3, so that every community activity is regulated by using law as a tool to carry out order, justice, security and development. One form of guarantee provided by law in its products is the legal relationship between legal subjects and other legal subjects in the economic field which cannot be separated from everyday human activities with the existence of arrangements regarding agreements. One that relates to agreements is online-based arisan which is based on written or oral agreements, thus providing protection to legal subjects to avoid unwanted things such as not having good faith in carrying out online arisan activities, especially those that can be a default form. Therefore the researcher uses a type of normative research method with a statutory approach. The results of this study are that the legal consequences arising from non-payment of online arisan funds can cause losses and are included in the category of default in the agreement so that they are required to compensate for losses and the conclusion in this study is that repayment can be carried out by means of litigation and non-litigation.]]>
<![CDATA[ACTUALIZATION OF LEGAL PHILOSOPHY IN THE CRIMINAL JUSTICE SYSTEM IN INDONESIA ]]>
<![CDATA[Simanungkalit, Rosalina]]>;
<![CDATA[Djaja, Benny]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.631
<![CDATA[This study aims to analyze the actualization of legal philosophy in the criminal justice system and review critical theory in efforts to deal with crime in society. Legal philosophy has an important role in shaping the basics of legal thinking and directing the development of an effective criminal justice system. Meanwhile, critical theory provides a critical view of the existing legal system and highlights social, economic, and political aspects that influence crime prevention. This research uses a descriptive-analytical research method by reviewing the relevant literature and literature. The analysis is carried out by studying the concepts of legal philosophy in the context of criminal justice, as well as analyzing critical theoretical reviews of the legal system and efforts to deal with crime in society. The results of the research show that the actualization of legal philosophy in the criminal justice system is important for ensuring justice and protecting individual rights. Principles such as the presumption of innocence, legal certainty and proportionality of punishment form the basis for carrying out the functions of criminal justice. In addition, a critical theory review highlights the importance of understanding the social, economic, and political factors that are at the root of crime problems. Crime prevention efforts need to involve a holistic approach that goes beyond mere criminal proceedings, involving rehabilitation programs, community empowerment, and increasing legal awareness.]]>
<![CDATA[THE CONCEPT OF APPLYING LEGAL PROTECTION FOR WITNESSES IN UNCOVERING CORRUPTION CASES BASED ON JUDGE'S DECISION NUMBER 34/PID.SUS-TPK/2020/PN.JKT.PST. ]]>
<![CDATA[Yulian, Fransisca Chatharina]]>;
<![CDATA[Djaja, Benny]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.632
<![CDATA[This study aims to analyze the legal efforts undertaken in the context of protecting witness-victims in corruption cases, particularly related to the return of assets of corruption, based on the judge's decision Number 34/Pid.Sus-TPK/2020/PN.Jkt.Pst concerning the Jiwasraya Case. The focus of this research is to identify and analyze the protective measures provided to witness-victims in order to be able to provide information that supports the asset recovery process. The research method used is a normative approach using laws, regulations, and court decisions as a reference. Data was collected through a literature study and analysis of documents related to the Jiwasraya case and the legal framework related to the protection of victim witnesses. The results of the study show that in the judge's decision, there are legal efforts made to protect witness victims in order to return the assets of corruption. These protection efforts include safeguarding the identity of witnesses, providing physical and psychological protection, as well as granting privileges to witness-victims in giving testimony in court. However, several obstacles were found in efforts to protect victim witnesses. Some of them are intimidation or threats against witness-victims, lack of understanding and awareness about witness protection, and difficulties in providing long-term security guarantees for witness-victims. The conclusion of this study is that legal efforts to protect victims-witnesses in corruption cases are very important in returning the assets of corruption. Effective protective measures can increase the confidence of witness-victims to provide accurate testimony and support a fair and transparent asset recovery process.]]>
<![CDATA[LEGAL CERTAINTY ARTICLE 15 PARAGRAPH (3) LAW NUMBER 2 OF 2014 CONCERNING AMENDMENT TO LAW NUMBER 30 OF 2004 CONCERNING NOTARIES ]]>
<![CDATA[Panglima, Rubby Aditya]]>;
<![CDATA[Djaja, Benny]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.633
<![CDATA[This study discusses the ambiguity of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries (Amendments to the Notary Law) which affect legal certainty in the regulation of the authority of a notary related to "authority others regulated in the Legislation". This provision causes confusion regarding the scope and limits of a notary's authority in carrying out his duties. This study also analyzes the impact of the ambiguity of these norms on the implementation of the authority of a notary in legalizing electronic transactions. Through a normative legal research approach, the author analyzes the relevant articles in the Notary Law and related laws and regulations to understand the legal context related to the authority of a notary. This research finds that the ambiguity of norms in Article 15 paragraph (3) creates ambiguity regarding the limits and scope of a notary's authority in terms of "other authorities regulated in Laws and Regulations". The impact of the ambiguity of this norm can be seen in the implementation of the authority of a notary in legalizing electronic transactions. Without clarity regarding the scope of this authority, notaries may face difficulties in determining whether they have the authority to certify certain electronic transactions, which in turn can affect the legal certainty in such transactions. This study suggests the need for clarification of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries. A clear clarification will provide clarity to notaries regarding the limits and scope of their authority in relation to "other authorities stipulated in Laws and Regulations", so as to increase legal certainty and the effectiveness of the implementation of notary powers in validating electronic transactions.]]>
<![CDATA[LEGAL PROTECTION OF FRANCHISES AND FRANCHISES IN THE PERSPECTIVE OF LAW NO. 19 OF 2002 CONCERNING COPYRIGHT ]]>
<![CDATA[Aini, Anis Nurul]]>;
<![CDATA[Kusuma Dewi, Retno Catur]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.634
<![CDATA[Franchise is a form of business that is growing and popular in today's business world. However, this business also requires strong legal protection, especially regarding copyright. This study aims to analyze the legal protection of franchisors and franchises from a copyright perspective. The research method used is an inductive qualitative method. The results of the study show that legal protection for franchisors and franchisors from a copyright perspective is very important to prevent copyright infringement and ensure business continuity. In the perspective of Indonesian law, the Copyright Law provides strong legal protection for franchisors and franchisors. However, there are still challenges and problems in implementing this legal protection, such as a lack of awareness and understanding of copyright. Therefore, more serious efforts are needed from related parties, such as business owners, government and related institutions, to increase awareness and understanding of legal protection of franchising and franchising from a copyright perspective.]]>
<![CDATA[PERLINDUNGAN HUKUM KREDITUR ATAS DEBITUR WANPRESTASI BERUPA PENJUALAN OBYEK HAK TANGGUNGAN ]]>
<![CDATA[Sugianto, Anthony Adiputra]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.635
<![CDATA[Putusan Nomor 9/Pdt.G/2018/PN Wsb jo Putusan Nomor 508/Pdt.G/2018/ PT Smg jo Putusan Nomor 1924K/Pdt/2019 regarding the lawsuit against the law between Lailatin Afifah and the Director of PT. Surya Yudha Bank. Lailatin Afifah filed a lawsuit over the sale of the mortgage object which will be carried out by PT Bank Surya Yudha through a public auction because it is considered an act against the law. The sale of the mortgage object was carried out because Lailatin Afifah as the debtor did not pay installments to PT Bank Surya Yudha on the grounds that she was having difficulty developing her business. The research method in journal writing uses normative juridical research methods, namely examining existing cases and associated with applicable laws and regulations. The sale of mortgage objects through a public auction is not an illegal act because this is the right of PT Bank Surya Yudha as stipulated in Pasal 20 UU Hak Tanggungan.]]>
<![CDATA[PERJANJIAN BAKU MENURUT PERPEKTIF PENGUSAHA, KONSUMEN DAN KEPASTIAN HUKUM DALAM UNDANG UNDANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Huqmi Adhelia, Olivhien]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.638
<![CDATA[Agreements are common things that occur in a form of legal relationship between one individual and another individual or even with a legal entity. As for why the parties want to enter into legal relations is because of the interests between one another and the will of each party. Meanwhile, an engagement is a legal relationship between two people, both individuals and institutions, in which one party has an obligation to fulfill these needs and the other party is obliged to meet these needs. Contract clauses function to accommodate the interests of all parties involved in the agreement. Starting from negotiation or bargaining is an alternative for the parties to carry out the contract and carry out every need stated in the contract clause.]]>
<![CDATA[PENGHAPUSAN MEREK CRISTALINE (GIE CRISTALINE) OLEH PT. PEPPER TREE INVESTAMA BERDASARKAN UNDANG-UNDANG NO. 20 TAHUN 2016 ]]>
<![CDATA[Manihuruk, Stephanie Karin]]>;
<![CDATA[Saly, Jeane Neltje]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.639
<![CDATA[Intellectual property rights are forms of human thought that are embodied in the form of works, works of art, designs and inventions that can be used in human life. The purpose of this study was to find out the lawsuit against the dispute over the brand mineral water product brand "CRYSTALINE" PT Pepper Tree Investama against GIE CRISTALINE and to find out the judge's decision by considering the law for violation of the brand dispute over the mineral water product brand "CRYSTALINE" PT Papper Tree Investama against GIE CRISTALINE according to envoy Number 47 PK/Pdt.Sus-HKI/2020. This research method uses normative juridical legal research methods. The approach method applied in this research is by law (statute approach) and case (case approach). The results of this study are that registered trademarks can be deleted by third parties and on the basis of the initiative and the judge's decision has rejected the plaintiff's claim in its entirety.]]>
<![CDATA[PERTANGGUNGJAWABAN AKTA NOTARIS SEBAGAI AKTA AUTENTIK SESUAI DENGAN UNDANG-UNDANG JABATAN NOTARIS ]]>
<![CDATA[Sirait, Gladys Natalie Aurielle]]>;
<![CDATA[Djaja, Benny]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.641
<![CDATA[Notaries are public officials who have the right to make authentic deeds that can be used as evidence in a civil case. Law No. 30 of 2004 explains that a Notary is a public official who has the authority to make authentic deeds and has other powers as described in the Law. Notary is the right hand of the state where a Notary must carry out his duties in the field of Civil Law in Indonesia, the Government aims to provide legal guarantees in terms of private law for residents who have given some of their authority to Notaries to make authentic deeds. Therefore, when performing their duties, Notaries must act as responsible public officials. Based on its form, the deed is divided into two parts, namely authentic deeds and underhand deeds. An authentic deed is a deed made by an official who has been given the power or authority by the state/government based on predetermined provisions, either with or without the assistance of those who have an interest, and records what is requested by those concerned. Meanwhile, the deeds of the parties are made at the initiative of the party who comes to the official, such as power of attorney deeds, land title deeds, and sale and purchase deeds. An authentic document is considered the most powerful and complete evidence. It establishes a clear legal relationship between the parties regarding rights and obligations. Notaries are public officials who are authorized to create authentic documents and other duties in accordance with the Law. It is perfect and binding for the judge must consider it as a complete and sufficient basis of fact to make a decision in the settlement of a disputed case]]>
<![CDATA[UPAYA PENEGAKAN HUKUM ATAS TERJADINYA TRANSAKSI FIKTIF PERBANKAN OLEH TELLER BANK BRI KEPADA NASABAH ]]>
<![CDATA[Ichsandi, Muhammad Wildan]]>;
<![CDATA[Lie, Gurnadi]]>;
<![CDATA[Syailendra, Moody R.]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.642
<![CDATA[This study aims to analyse the form of law enforcement on the occurrence of fictitious banking transactions by BRI Bank tellers to customers conducted by bank employees, to find out the form of violations. Analyse the form of law enforcement to banking tellers related to fictitious transactions. This research is a normative legal research. Forms of law enforcement on the occurrence of fictitious banking transactions by BRI Bank tellers to customers. Fictitious transactions (false records) carried out by bank employees are carried out in 2 (two) ways, namely implicitly (Implicit Protection) and explicitly (Expliciti Protection). Implicitly carried out by the bank's own internal policies and responsibilities in carrying out banking activities, and at the same time explicitly carried out through the supervisory means of Bank Indonesia to control and supervise every banking activity of commercial banks. Normatively, legal protection against fictitious transactions is based on Law Number 7 of 1992 concerning Banking. then accommodated also by Law Number 3 of 2004 concerning Amendments to Law Number 23 of 1999 concerning Bank Indonesia and for customer deposit funds regulated under Law Number 24 of 2004 concerning the Deposit Insurance Corporation and also regulated in relation to implementation guidelines through Bank Indonesia Regulations. Law Enforcement to BRI Bank tellers due to fictitious transactions is carried out implicitly and explicitly. Implicitly, namely by imposing administrative sanctions from the bank in the form of Termination of Employment (PHK) to the perpetrator with the initials SAP as a BRI Bank teller and besides that, it is also carried out explicitly in the form of punishment against the suspect with the initials SAP charged with Articles 2 and 3 of Law No. 31 of 1999 concerning Corruption with a penalty of 20 years in prison.]]>
