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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
PERSEPSI PEREMPUAN MENGENAI FENOMENA POLITIK DALAM PEMILIHAN KEPALA DESA NGADAS KABUPATEN MALANG Hartono, Syakira SyafiqyaTsabita Putri; Miqdad, Muchammad; Alamsyah, Syahara Bhatari; Chairiyah, Sri Zul
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.679

Abstract

Women's perception and participation in political phenomena in Indonesia still needs to be encouraged, bearing in mind the patriarchal culture which has an impact on the minimal role of women in politics and as citizens. Elections are a means of participating in politics by becoming voters or participants. Elections are a tool for everyone, including women. The smallest unit of election organizers is the village. One of the villages with a unique political phenomenon is Ngadas Village in Malang Regency, where the village head also plays the role of customary head. However, what is interesting is the role and views of women on all the political dynamics that occur in Ngadas Village. Using descriptive qualitative methods, the research will examine in depth the perceptions and roles of women in Ngadas Village regarding the political phenomena that occur. Interview and observation techniques were used to collect data and obtain information through related documentation or literature. The results of the study show that the perceptions and roles of women in Ngadas Village tend to be passive in selecting village heads. Participation is carried out only as a form of handing over voting rights to give legitimacy to those in power.
PELAKSANAAN KEWAJIBAN DIVESTASI SAHAM DALAM RANGKA PENANAMAN MODAL ASING DI BIDANG PERTAMBANGAN MINERAL DAN BATUBARA PASCA TERBITNYA UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG PERUBAHAN ATAS UU NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA Prasetyawan, Bagus
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.680

Abstract

In article 7 of Law Number 25 of 2007 (UU 25 of 2007) stipulates that the government's authority is not to carry out nationalization actions or to take investment ownership rights, except by law. However, specifically for investment and implementation of mineral and coal mining business activities, the obligation to nationalize or divest shares has been regulated in Article 112 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining (UU 3 of 2009). 2020) which states that business entities holding mining business licenses at the stage of production operations whose shares are owned by foreigners are required to divest shares of 51% (fifty-one) percent in stages to the central government, regional governments, BUMN, regionally owned enterprises, and national private business entity. Holders of mineral and coal mining business licenses for foreign investment who do not carry out their divestment obligations by referring to the mechanism of laws and regulations in the field of mineral and coal mining may be subject to administrative sanctions under the provisions of Article 151 of Law 3 of 2020 and Article 147 of Government Regulation Number 96 of 2021 concerning Implementation of Mineral and Coal Mining Business Activities (PP 96 of 2021), in the form of written warnings, temporary suspension of part or all of business activities, and revocation of mining business permits if they do not carry out the obligation to divest shares.
PERILAKU MEMILIH MASYARAKAT DESA PADA PEMILIHAN KEPALA DESA (STUDI KASUS DESA NGADAS KABUPATEN MALANG) Harijadi, Carissa Nabila; Raudhana, Nabila; Atthalah, Raihan; Brilliana, Diva; Solihah, Ratnia
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.682

Abstract

The election of the village head is a form of democracy in the local political sphere of the village. This study focuses on voting behavior in village head elections in Ngadas Village, Malang Regency, which has a diversity of religions in its community. In addition to knowing whether religious factors influence voting behavior, this research also examines the possibility of other factors influencing the voting behavior of the people of Ngadas Village at the time of the village head election. To obtain information and data to answer the above, the researchers conducted a field study to Ngadas Village, Malang Regency by conducting interviews and documentation through a qualitative research approach. The informants interviewed consisted of the Village Head, Traditional Leaders, and several residents of Ngadas Village. Based on the results of field research, the voting behavior of the people of Ngadas Village was not influenced by religious diversity, but was more influenced by the figure of the village head candidate and the capacity of the village head candidate in carrying out the program as well as the vision and mission carried out during the village head election campaign. Thus, the voting behavior of the community in the election of the head of Ngadas Village tends to be based on psychological factors and rational choice factors.
ANALISIS TEORI KRIMINOLOGI STRAIN DALAM KASUS BALAP LIAR Manullang, Clara Jennifer
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.683

Abstract

This analysis aims to examine the influence of strain criminology theory in cases of wild racing. This theory explains that the pressure or tension experienced by individuals due to an imbalance between desired social goals and available resources can encourage criminal behavior. In the case of street racing, strain theory can explain how individuals who face certain economic, social, or emotional pressures are drawn to engage in street racing. Through secondary data analysis, including case studies and relevant literature, the results of this study will provide further understanding of the role of strain criminology theory in the phenomenon of wild racing and its implications for prevention efforts.
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP MITRA DALAM PERJANJIAN KERJA SAMA ANTARA PERUSAHAAN PENYEDIA APLIKASI MARKETPLACE (SHOPEE) DENGAN MITRA (KURIR) Matara, Opa Jermias; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.684

Abstract

This study aims to analyze the legal relationship in the agreement between the Shopee marketplace company and its partners (courier) and to analyze the legal protection for partners in the Cooperation Agreement between the Shopee marketplace company and partners (courier). The method used in this research is normative juridical, namely the study of legal norms, both primary and secondary legal materials. The results of the study show that the legal relationship in the agreement between the Shopee marketplace company and its partner (courier) is a pseudo partnership legal relationship, namely a cooperative relationship that is not balanced with one another, meaning that the relationship is not really mutually beneficial, instead burdening the courier. and contrary to the principle of partnership. In this case, partner status is intended as a way for companies to avoid the obligation to provide wages according to the regional minimum wage (UMR). Legal protection for partners in the Partnership Cooperation Agreement between the Shopee marketplace company and the partner (courier) is to guarantee that discrepancies or errors regarding the goods ordered are not the responsibility of the courier if this is not caused by the fault or negligence of the courier, as stipulated in Article 1708 KUH Civil. Losses suffered by the courier must be reimbursed and accounted for by the seller, if the discrepancy and damage to the goods from the start is the result of the seller's mistake, while the form of legal protection for the courier in the event of a cancellation of the goods order by the consumer is the first to take the mediation route between the consumer and the courier. disputing parties, if no settlement is reached, the dispute settlement will be pursued through legal means.
TINJAUAN YURIDIS PEMBELAAN TERPAKSA (NOODWEER EXCESS) SEBAGAI DASAR PENGHAPUSAN PIDANA ANALISIS KASUS PELAKU BEGAL DI NTB YANG TERBUNUH OLEH KORBAN BEGAL AS Anjani, Isabella Merlin; Adhari, Ade
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.685

Abstract

At this time, deviant behavior is widely found within society. Deviant behavior refers to actions that violate norms, rules, or laws in society. The research questions addressed in this study are: 1. What is the juridical perspective on perpetrators of robbery who are killed by victims due to self-defense (excessive self-defense)? 2. What is the legal certainty regarding self-defense (excessive self-defense) carried out by victims in response to robbery they experienced? The research method used in this Final Project is normative juridical research, which means that the issues raised, discussed, and elaborated in this study are focused on applying principles or norms within positive law. Excessive self-defense or exceeding the limits considered reasonable in self-defense occurs when someone goes beyond the boundaries deemed reasonable in a self-defense situation. In this case, although the robber may have initiated the attack or threatened the victim, the use of excessive force by the victim can raise questions about the legitimacy of their actions. In determining legal certainty in cases of self-defense, factors such as the force used, the level of threat to the victim, and the overall circumstances of the case will be examined by the court. Previous court decisions in similar cases or legal precedents can also influence legal certainty. Article 49, paragraph (1) of the Criminal Code highlights an important point, stating, "Defense against an attack or threat." Defense, in this context, must aim to stop actions or attacks deemed necessary at that moment. The defense must be proportionate to the encountered attack, and there must be no other means available to protect oneself except through self-defense.
ANALISIS PUTUSAN NOMOR : 2508/Pdt.G/2022/PA.Mdn MENGENAI PEMBAGIAN HARTA WARISAN TERHADAP AHLI WARIS DALAM GUGATAN KABUR (Abscruur Libels) Muliyati, Muliyati; Syahputra, Akmaluddin
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.686

Abstract

The division of inheritance is a very sensitive issue and there are even frequent disputes between the heirs because it relates to the dissatisfaction and selfishness of the heirs. The type of research used is normative research based on secondary data from primary, secondary and tertiary legal materials. This study analyzes the problems of implementing Decision Letter Number: 2508/Pdt.G/2022/PA.Mdn regarding the distribution of inheritance to heirs in fleeing lawsuits (Abscruur Libels). from the Compilation of Islamic Law; and the basic considerations of the Medan Islamic Religious Court judge in deciding the inheritance case Number: 2508/Pdt.G/2022/PA.Mdn with an escape lawsuit (Abscruur Libels). This study concludes that in the opinion of the plaintiff's lawsuit registered in the partnership of the Medan Religious Court Number: 2508/Pdt.G/2022/PA.Mdn contains material defects in the form of lack of parties (Plurium Litis Consortium) and blur (Abcsruur Libels). Therefore, the Panel of Judges stated that the Plaintiff's claim was unacceptable, all evidence and rebuttals as well as the final conclusions submitted by the litigants were not considered again.
ANALISIS HUKUM PROSES PENGAMBILALIHAN SAHAM ANAK PERUSAHAAN PT KRAKATAU STEEL TBK OLEH PT CHANDRA ASRI PETROCHEMICAL TBK MELALUI PERJANJIAN JUAL BELI SAHAM BERSYARAT Medina Hidayat, Feridha; Camalia, Tamarine; Benalda, Katya; Budiarti, Lina; Rahpriangan, Desti; Maudya, Fatma Namira
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.687

Abstract

Acquisition (takeover) can be one of the company's development strategies for the economic interests of each takeover company or company that is taken over, one way of acquisition is carried out through a share sale and purchase agreement, either all or most of the company's shares which results in the transfer of control of the company. In this case, it will be reviewed regarding the acquisition made by a subsidiary of PT Krakatau Steel with PT Chandra Asri Petrochemical in accordance with applicable regulations. The purpose of this writing is to find out how the acquisition process occurred at PT Krakatau Steel with PT Chandra Asri Petrochemical. Next to find out what legal consequences occur after the acquisition. The research method used in this study is normative juridical, which is based on positive legal rules or norms through the relevant legislation. The research specification used is descriptive analysis, which is carried out by analyzing and describing completely and thoroughly which is associated with legal theory regarding the process and legal consequences of the acquisitions made by the two companies above. Based on the writing, it was obtained: First, the acquisition made between Krakatau's subsidiary and CAP is categorized as a vertical acquisition with the aim of strengthening the supply chain of business fields carried out by CAP. Then the process of acquiring shares carried out by CAP against KSI through its subsidiaries, namely KTI and KDL is by purchasing shares in each company as stated in the Deed of Takeover. Second, due to the law of the acquisition of PT Krakatau Daya Listrik and PT Krakatau Tirta Industry by PT Chandra Asri Petrochemical Tbk is a change in control of PT Krakatau Daya Listrik company by PT Chandra Asri Petrochemical, changes in shareholder composition, as well as the obligation to report material information to OJK and the public as well as notification to KPPU regarding the takeover. Acquisitions can also have an effect on the company's structure and workforce structure.
PERTANGGUNGJAWABAN PERDATA PIHAK BANK X TERHADAP PENARIKAN TUNAI MELALUI TELLER TANPA SEPENGETAHUAN NASABAH DILIHAT DARI PERJANJIAN PADA SAAT PERMOHONAN PEMBUATAN KARTU ATM (AUTOMATIC TELLER MACHINE) Prasantyo, Rafi Danendra; Kartika, Adhitya Widya
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.688

Abstract

The modern banking system may appear safe and easy to use, but it still has its drawbacks. The public was shocked by the loss of a number of customer funds, even though the customer who owned the bank account did not believe that he was the one making the transaction. Customers' confidence in the safety of their bank deposits was shaken by this incident. The theft of bank customers' money shows a widening repertoire of criminal tactics. The purpose of this study is to analyze legal protection and the form of bank accountability to customers for cash withdrawals without the knowledge of customers through tellers in view of the agreement at the time of application for making an ATM card. This research method is included in the category of normative legal research. The results of this study state that in cases raised customers get legal protection for the use of problematic ATM card transactions. So if customers who experience problems in conducting ATM card transactions, customers can be guided by Law no. 10 of 1998 concerning Banking and Law no. 8 of 1999 concerning Consumer Protection
THE IMPLEMENTATION OF ONLINE DISPUTE RESOLUTION IN INDONESIA’S DIGITAL ECONOMIC SECTOR (CASE STUDY: TOKOPEDIA) Hutagalung, Angela Yohanna
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.689

Abstract

Online Dispute Resolution (ODR) is a form of Alternative Dispute Resolution (APS) with the help of electronic media. This research provides a thorough analysis of the implementation of ODR in disputes that occur in the digital economy sector with a case study of Tokopedia. This research is also supported by a review of regulations and literature related to the legal issues that the author examines. Regarding the implementation and existence of Online Dispute Resolution in Indonesia, there is no specific regulation that specifically regulates it. However, the existence of Law Number 11 of 2008 on Electronic Information and Transactions as amended by Law Number 19 of 2016 ("ITE Law"), Government Regulation Number 80 of 2019 on Trading Through Electronic Systems ("PPE-Commerce"), Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution ("Arbitratrion and ADR Law") can be said to be sufficient to support the validity of ODR mechanisms and decisions. Looking at digital developments, special arrangements for ODR in an electronic or online-based transaction have become urgent at this time. This is due to the potential disputes that may arise in daily transactions.

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