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[PERKEMBANGAN PENYELENGGARAAN LELANG NON EKSEKUSI OLEH PEJABAT LELANG KELAS 2 (NOTARIS) DIMASA PANDEMI COVID -19 ]]>
<![CDATA[Fransiscus Liono, Cliff Edward]]>;
<![CDATA[Malombeke, Erick]]>;
<![CDATA[Thariqi, Muhammad Rayhan]]>;
<![CDATA[Daba Dida, Dewi F.M.]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.712
<![CDATA[Notaries are included in the Class II. Unlike Class I Auction Officers who can conduct various types of auctions, Class II Auction Officers are only authorized to handle Voluntary Non-executory Auctions. Voluntary Non-Execution Auction is an auction to carry out the sale of goods owned by individuals, groups of individuals or private business entities that are auctioned voluntarily by their owners. This paper is prepared using the normative juridical method, which will discuss the development of auction rules, especially during the Covid-10 Pandemic. With the existence of PMK No.213/PMK.06/2020 concerning Instructions for Auction Implementation, Notaries including Class II Auction Officials can implement the new provisions. Some examples of problems that have the potential to hinder the implementation of auctions by notaries as Class II Auction Officials include a provision where each Auction participant must deposit an Auction bid guarantee of at least 20% and a maximum of 50% of the auction limit value must pay the auction price and Auction Duty which is carried out no later than five working days after the implementation of the Auction. This certainly makes it difficult for the Covid-19 Pandemic condition because people's purchasing power is declining. In addition, the potential for holding auctions electronically can be disrupted by some cyber notary obstacles.]]>
<![CDATA[POLLUTER PAYS PRINCIPLE DALAM PERSPEKTIF HUKUM PIDANA ]]>
<![CDATA[Sipayung, Oktaviani br]]>;
<![CDATA[Ismanyah, Ismanyah]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.713
<![CDATA[Human activities are often the main cause of environmental damage and pollution. Therefore, a law that is in favor of environmental protection is needed to maintain the preservation and sustainability of the environment. The polluter pays principle requires that every business actors that causes pollution or damage to the environment bears all costs incurred in the context of environmental restoration. In order to guarantee the implementation of good environmental protection and management, criminal law enforcement plays an important role. Criminal law can influence business actors so that the business decisions they make do not damage or pollute the environment. This research was conducted to answer how the regulation and application of the polluter pays principle in UUPPLH and how the polluter pays principle when viewed from the perspective of criminal law. This research was conducted using normative research methods with the data source being positive law sources in Indonesia. The polluter pays principle is not explicitly regulated in UUPPLH to be applied in handling criminal acts, because this principle takes precedence in enforcing administrative law through instruments environmental economics and civil law through environmental dispute lawsuits and is closely related to the concept of strict liability in calculating the compensation that must be borne by the perpetrators of environmental pollution and/or damage. The existence of an additional penalty in the form of "remedial action as a result of a crime" that can be imposed on corporations that pollute and/or damage the environment is a gap in the implementation of the polluter pays principle through criminal law enforcement.]]>
<![CDATA[PERBANDINGAN HUKUM PERATURAN INSIDER TRADING DALAM TINDAK PIDANA PASAR MODAL DI INDONESIA DAN SINGAPURA ]]>
<![CDATA[Iqbal, Nada]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.718
<![CDATA[Information Disclosure and Investors are very important parties in capital market activities. However, in the event of a violation of capital market regulations, namely the crime of insider trading, which can be carried out by various parties for personal gain, this violates the principle of fair securities trading. This research focuses on the classification of criminal acts in the capital market in Indonesia and a comparison of legal regulations regarding insider trading in Indonesia and Singapore. In this study, normative legal research was used and the nature of the research conducted by the author was an analytical descriptive study. After conducting research, it was found that the concept contained differences in regulations regarding insider trading between Indonesia and Singapore, one of which was that Indonesia adhered to the theory of Fiduciary Duty while Singapore adhered to the theory of Fiduciary Duty and Misappropriation Theory. This theory is a legal protection that is needed by Indonesian capital market investors at this time, but in the regulations there are still a number of things that need to be evaluated and further developed by the OJK so that when it is implemented later the goal of adopting the concept as a violation prevention effort can be achieved.]]>
<![CDATA[WANPRESTASI OLEH PERUSAHAAN PIALANG BERJANGKA TERHADAP INVESTOR DALAM TRANSAKSI FOREX MARGIN TRADING PADA BURSA BERJANGKA (Putusan PN SURABAYA Nomor 65/Pdt.G.S/2020/PN Surabaya) ]]>
<![CDATA[Fajri Tobing, Muh Kevin]]>;
<![CDATA[Rusli, Benni]]>;
<![CDATA[Suryamizon, Anggun Lestari]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.719
<![CDATA[Humans have always traded with other humans around them for various reasons with the barter system. Along with the development of the era and civilization, this barter system was no longer used because it had many weaknesses, so a new payment system was invented, namely using money as a medium of exchange and payment. The payment system using money is also not without weaknesses in its function for transactions with other countries that have different types of currencies. World trade transactions in this era of globalization are closely related to foreign currency trading, which is commonly called currency or foreign exchange (forex). Foreign Exchange stands for forex (foreign exchange) includes two meanings, namely foreign currency and the process of exchanging from one currency to another. Moreover, the customer does not meet face to face and is at risk of default, misuse of the customer's margin. In this writing, the author raises several problems of default. This research is descriptive in nature and aims to obtain a complete description of the legal situation in force in a particular place. Normative juridical law research is the collection of material or research materials aimed at written documents. Sources of data and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research uses document studies related to laws and regulations, books and journal judge decisions related to default. The results of this study are important for investors to understand that the legal process can take significant time and costs. In addition, success in suing a futures brokerage company depends on the strength of the evidence it has and also on the legal provisions in force in the local jurisdiction. Therefore, it is important for investors to always be careful in choosing a trusted futures brokerage company, and to ensure that there is a written agreement and adequate protection guarantees before making a forex margin trading transaction. The form of CoFTRA coaching is the provision of training for Futures Trading actors to increase knowledge/expertise in Commodity and Futures Trading. The form of preventive supervision is that CoFTRA conducts field supervision and carries out periodic and/or occasional reports by Futures Brokers regarding their activities on the Futures Exchange and the number and customer data received online, and the implementation of a Single Supervision System for market integrity and trading actors Futures connected online and real time.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP TKI OLEH PEMERINTAH INDONESIA DALAM PERSPEKTIF SIYASAH DAULIYAH (STUDI KASUS PEMBUNUHAN NURUL AIDAH TKI ASAL BATUBARA SUMATERA UTARA DI MALAYSIA) ]]>
<![CDATA[Faradila, Iis Erika]]>;
<![CDATA[Harahap, Arifuddin Muda]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.720
<![CDATA[The increasing growth rate of the workforce in Indonesia is not matched by the provision of jobs by the Indonesian government, resulting in job seekers requiring them to look for work abroad. Therefore, many problems arise that require the Indonesian government to make policies in providing legal protection too workers who get into trouble into trouble when working abroad. The purpose of this study was to find out the Indonesian government’s efforts to provide legal protection for Indonesian workers and find out the siyasah dauliyah review in viewing government policies in providing legal protection for Indonesian workers. This research shows that the Indonesian government has made efforts to provide legal protection to Indonesian workers by making several policies and in accordance with the basics of siyasah dauliyah, one of which is cooperation and deliberation.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PENUMPANG KERETA API ( KASUS KETERLAMBATAN KERETA API PERSFEKTIF FIQH SIYASAH) ]]>
<![CDATA[Sriwindari, Henny]]>;
<![CDATA[Khalid, Khalid]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.722
<![CDATA[When experiencing disruptions to train operations resulting in delays in arrival time, there are casualties and loss of property, PT. Kereta Api Indonesia (Persero) must be responsible for the impact of this incident, especially in terms of service to service users in accordance with Law Number 08 of 1999 concerning Consumer Protection. However, the delay experienced by train passengers is considered to still not meet the needs of passengers. In this study using normative juridical method. The formulation of the problem in this study is a) What is the accountability of PT. Kereta Api Indonesia (Persero) to passengers experiencing train delays? b) What is the legal protection for passengers who experience train delays based on Law Number 08 of 1999 concerning consumer protection.]]>
<![CDATA[KEGIATAN PENYEDIAAN JASA CALO KARTU PRAKERJA DITINJAU DARI FATWA DSN MUI NOMOR 114/DSN-MUI/IX/2017 TENTANG AKAD SYIRKAH DI KOTA MEDAN ]]>
<![CDATA[Fitriyanti, Aulia]]>;
<![CDATA[Tarigan, Tetty Marlina]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.723
<![CDATA[The purpose of this study was to examine the Provision of Pre-Employment Card Brokerage Services in terms of DSN MUI Fatwa Number 114/DSN-MUI/IX/2017 Concerning the Study of Syirkah Contracts in the Medan City Case. The research method used is qualitative with an empirical approach with two data sources used, namely primary data interviews with 5 pre-employment program beneficiary informants and 2 pre-employment program jockey informants and secondary data in the form of books, articles related to material and DSN MUI Fatwa Number 114/ DSN-MUI/IX/2017. From the results of the research that the researchers have done on the Activities of Provision of Pre-Employment Card Brokerage Services In terms of DSN MUI Fatwa Number 114/DSN-MUI/IX/2017 Concerning Syirkah Contracts Case Study of Medan City, both in the field and legally it is known that the activities of pre-employment jockey service providers include syirkah contracts that are permitted in the form of Syirkah 'abdan/syirkah a'mal, namely contracts carried out in collaboration with services or expertise which are transferred to another person based on agreement or proportion, one example of this pre-employment jockey.]]>
<![CDATA[LAW ENFORCEMENT AGAINST THE CRIMINAL ACT OF ILEGALLY IMPORTING THRIFT CLOTHES IN INDONESIA ]]>
<![CDATA[Akbar, Hafis Vivaldi]]>;
<![CDATA[Saputra, Dedy]]>;
<![CDATA[Fathia, Zarah]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.724
<![CDATA[The activity of illegally importing Thrift clothing in Indonesia seems to have become a pattern of life along with law enforcement actions that are less effective in overcoming criminal acts. This study aims to (1) find out the portrait of law enforcement against the criminal act of smuggling Thrift clothes in Indonesia; (2) to find out the factors causing the investigation into the alleged criminal act of smuggling Thrift clothing not to be carried out; and (3) knowing how to apply the law in law enforcement against the criminal act of smuggling Thrift clothes in Indonesia. This type of research is sociological legal research by exploring in depth the criminal act of importing thrift clothes illegally in Indonesia, especially in Indragiri Hilir district. The results of this study indicate that (1) law enforcement against the crime of smuggling Thrift clothing in Indonesia includes preventive and repressive measures; (2) the factors causing the investigation not to be carried out because the evidence was destroyed before entering the investigation stage; and (3) Law enforcement against the crime of clothing smuggling committed by Customs and Excise Civil Servant Investigators is not yet in accordance with statutory regulations.]]>
<![CDATA[IMPLEMENTASI POLIS ASURANSI JIWA SEBAGAI OBJEK JAMINAN TAMBAHAN DALAM MITIGASI RISIKO PEMBIYAAN PADA BANK (Studi di PT. Bank Sumatera Utara Syariah Cabang Medan) ]]>
<![CDATA[Nurhayati, Pratiwi]]>;
<![CDATA[Budhiawan, Adlin]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.727
<![CDATA[This journal discusses the role of life insurance policies as additional collateral in bank financing to minimize the risk of default by customers. It is also explained that life insurance policies are considered intangible movable property with an economic value that can be monetized. Although not the primary collateral, life insurance policies can be used as supplementary collateral to minimize financing risks. Banks can collaborate with insurance companies through the concept of Bancassurance to facilitate the process of opening and claiming life insurance policies. The cash value of life insurance policies can be taken into consideration as collateral for credit, provided that the collateralization is done formally, and the collateral can be sold or cashed out to settle the debtor's obligations. This research employs a juridical-empirical legal research method with a qualitative approach. The research results show that life insurance policies play a significant role in minimizing financing risks and protecting banks from default risks by debtors. The purchase or opening of life insurance as a requirement for financing is not explicitly regulated by the Financial Services Authority Regulation No. 42 of 2017 regulations but is an internal bank policy.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL MINYAK KELAPA MURNI (VIRGIN COCONUT OIL) BONE DALAM PERSPEKTIF INDIKASI GEOGRAFIS ]]>
<![CDATA[Yumna, Irma Nur]]>;
<![CDATA[Paserangi, Hasbir]]>;
<![CDATA[Marwah, Marwah]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v5i4.728
<![CDATA[Protection of the laws of intellectual property of the coconut oil bone in a geographical point of view (guided by paserangi and marwah). The purpose of this study is: to know, understand and analyze (i) how the character is present in pure bone coconut oil (vco) so that it is potentially protected intellectual property rights (geographic indications) and (ii) to know, understand and analyze the efforts of local governments and communities in promoting the legal protection of pure bone coconut oil (VCO). The kind of research carried out using empirical research methodology conducted interviews with primary source of information and data collection of craftsman ( vco ) pure coconut oil, the district government bone and the ministry of justice and human rights south sulawesi. The results of this study show that: (i) pure coconut oil ( vco) bone potential to register geographical indications for having a reputation, the quality and characteristic of its distinctive flavor.Based on a pure coconut oil laboratory test ( vco ) bone meets 5 (five) parameters to register geographical indications, which is the content of 81854 fatty acid, peroxide number 0.4996, Burial number 210.92 mg koh/gr, shit number 0.0002 %, and water number 0.1908 %. The government of the bone district is expected to make an effort to register geographically on pure coconut oil (Vco) as a step in order to obtain legal protection and legal certainty as well as to obtain exclusive rights and economic benefits, As set up in the 20-year law of 2016 about brands and geographical indications.]]>
