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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
KEKUATAN SURAT PELEPASAN TANAH ADAT TERHADAP SERTIFIKAT TANAH YANG DITERBITKAN Nurlia Mamonto, Andi Annisa
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.v5i4.729

Abstract

For the traditional law society, land has a very important position. Together with the influences of regulations outside of the traditional law community, therefore, there is a change of value standard of the utilization of rights upon traditional land by the traditional law society itself. Land not only has social values; however, it also has economic values, which means, the rights of ownership of traditional land now can be transferred by the traditional authority to other parties outside of the traditional law society by the release of rights upon traditional land, it can be concluded that the ownership of disputed land by the government without a letter of customary waiver from customary parties is an act against local customary law, which has been supported by valid evidence in accordance with the decisions of the district court and high court, therefore the Land Agency must be more thorough in issue land certificates so that they can protect land rights, especially over customary land rights, for owners who have a weak position.
KEPEMILIKAN RUMAH ORANG ASING YANG TINGGAL DI INDONESIA Suryadi, Suryadi; Nugroho, Diko Setiawan
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.v5i4.730

Abstract

The title of this article is "Foreign Home Ownership in Indonesia". The purpose of this study is to analyze the regulation of house ownership for foreigners living in Indonesia and the procedures for foreigners to own houses in Indonesia. The need for housing as a dwelling or place of refuge is a basic need of every human being, as is the need for food, clothing and shelter. Anyone who lives in a house is possessive and lives in their own house. Some people occupy other people's homes, whether they rent them out or not. One of the parties who can own a house as a residence is a foreigner residing in Indonesia. Foreign housing is based on certain property rights. This type of research uses legal research with a focus on normative research. In summary, the regulations regarding home ownership for foreigners residing in Indonesia are: According to Government Decree No. 41 of 1996 on Requirements for Foreigners to Own Houses and Minister of Agriculture/Head of Land Authority Decree No. 7 of 1996, both regulations require foreign owned houses to meet the following conditions: It isRequired. In Indonesia, housing refers to a house built on land. Owned or leased shares in buildings.
KAJIAN YURIDIS REGULASI PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNAAN DATA PRIVASI DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PELINDUNGAN DATA PRIBADI Prihatin, Lilik; Achwan, Muhammad; Dewi, Citra Candra
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.v5i4.731

Abstract

Identical personal information, often referred to as personal data, is information that must be kept confidential to avoid the risk of misuse by irresponsible parties or the interests of other people. The study discussed is a juridical study on legal protection against misuse of privacy data in the Personal Data Protection Act No. 27 of 2022. This type of research is normative legal research which adopts a legal approach that uses secondary data types, to obtain information that is appropriate to the research topic. Data leak cases experienced by Indihome, PLN, users of the Ministry of Health and Health's e-HAC application related to cases of data leaks for BPJS, BRI Life customers, KPU final voter lists, Tokopedia users, pre-employment cards requiring KTP selfies, are an illustration where personal data information is the privacy of every individual whose data must be protected. So that legal protection can be accommodated in regulations or regulations in the Banking Law, Telecommunications Law, Consumer Protection Law, Human Rights Law, Public Information Disclosure Act, Health Law, Population Control Law , Electronic Information and Electronic Transaction Law. Privacy protection is also regulated in Law no. 27/2022 concerning personal data protection, which regulates the prohibition of using personal data that harms other people so that they can be subject to sanctions. Because the protection of individual statistics are a human right related to the protection of individuals, it is necessary to establish a legal basis for the protection of personal statistics based on the 1945 Constitution of the Republic of Indonesia (UUD 1945).
PERLINDUNGAN HUKUM PEREMPUAN KORBAN KEKERASAN SEKSUAL YANG MENGALAMI BLAMING THE VICTIM DI TINJAU DARI PERSPEKTIF VIKTIMOLOGI Amin, Muhammad; Nurkartiko, Andri
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.v5i4.732

Abstract

Sexual violence is a form of human rights abuse. This explicitly strips women of their constitutionally guaranteed civil right to safety and security, Article 28G(1) of the Constitution. Many women victims lose their right to recognition, security, protection, assurance of a fair trial and equal treatment before the law because they do not receive a fair trial. The purpose of this article is to first understand and explore the idea of ​​legal protection for female victims of sexual violence in Indonesia. Second, to determine the extent to which Indonesian law applies to the legal protection of female victims of rape. Attitudes and judgments toward victims are often at the root of sexual violence. It is therefore interesting to study victimology as part of criminal law. Victim blaming he can monitor and deal with in two ways (2). The first examines the impact of victim, perpetrator, and contextual characteristics on negative attitudes about sexual violence. The second approach focuses on investigating the relationship between victim blaming and victims of sexual violence. This type of research employs normative appraisals, and legal studies focuses on the study of legal provisions and includes jurisprudence, which consists of dogmatic studies of law, legal theory, and legal philosophy. The study concludes that the basic idea behind the emergence of victim-blaming legal protection for victims is the provision of Article 27 of the 1945 Second Amendment to the Constitution, namely that all citizens before the law. It is a recognition of equality of On the other hand, Indonesia has long had positive laws providing legal protection for victims of sexual violence. However, many laws and regulations in Indonesia do not contain provisions specifically aimed at victims of sexual violence who are victims of referrals.
PELAKSANAAN PENCORETAN HAK TANGGUNGAN (ROYA) PADA SERTIPIKAT DI KANTOR PERTANAHAN KOTA PEKANBARU DALAM MEMBERIKAN KEPASTIAN HUKUM Yuslim, Yuslim; Iswandi, Iswandi; Fendi, Azmi
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.v5i4.733

Abstract

A mortgage is a guarantee of debt repayment. The write-off of the Mortgage Right (Roya) on the land certificate is the most important stage. It releases the Mortgage right on the certificate and land book (archive) located at the Office of the National Land Agency (BPN) because the debt has been paid off. This legal research uses an empirical juridical approach. While this type of research is descriptive and analytical. Data collection techniques were carried out through structured interviews and document studies. The results of the study of the implementation of the deletion of mortgage rights (roya) on certificates at the Pekanbaru City Land Office in providing legal certainty, namely that there is disharmony in each of the regulations governing the timeframe for arranging mortgage rights, there are differences in working days. In the latest provisions, the type of royal management service is 3 working days for manual and 1 working day for electronic, this is by the Decree of the Minister of ATR/BPN Number 440/SK-HR.02/III/2023. The abolition of the Mortgage must be followed by the erasing of the Mortgage Right from the Land Book of land rights burdened with the Mortgage Right, it is necessary to have evidence in the form of a written statement issued by the Creditor holding the Mortgage Right, that the debt guaranteed by the Mortgage has been repaid by the Debtor or has been deleted by law, thus the Mortgage can be crossed out for registration of deletion at the Land Office.
PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DALAM MEMBERIKAN KEPASTIAN HUKUM HAK ATAS TANAH MASYARAKAT (DI KOTA PEKANBARU) Warman, Kurnia; Putra, Ardiansyah; Elvardi, Jean
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.v5i4.734

Abstract

PTSL is a land registration activity for the first time that is carried out simultaneously for all land registration objects throughout the territory of the Republic of Indonesia in one village/kelurahan area or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several registration objects. Land for registration purposes. In this study, the data sources were obtained from library research and field research. Data collection techniques were carried out through structured interviews and document studies. The results of the research on PTSL constraints in Pekanbaru City are the high cost of having to pay the payable PPh and BPHTB taxes, the problem of rights used, human resources, the problem of absentee land/land that is far from the owner and the problem of announcing physical data and juridical data. While the efforts made by the Pekanbaru City Land Office in overcoming PTSL obstacles are strengthening quality control over each stage of PTSL, providing work maps (base maps, land registration maps, area maps, SPIPP maps, and Regional Government/BUMN/BUMD asset data) to officers in the field, providing punishment and a whistleblowing system mechanism, improving data validation procedures for KKP applications, reviewing and improving PTSL budget implementation guidelines and quality control.
PELAKSANAAN PEMBINAAN NARAPIDANA WANITA PELAKU TINDAK PIDANA NARKOTIKA DI RUTAN WANITA KELAS II A SURABAYA Prabowo, Muhammad Juniar; 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.v5i4.735

Abstract

This study aimed to find out the coaching exercises for women perpetrators of narcotics crimes in Class II A Women's Detention Centers in Surabaya. This study uses empirical juridical research methods. Data analysis used is a qualitative approach to primary and secondary data. The results of research on narcotics women's psychoactive psychotherapy training at Class II A Women's Detention Center in Surabaya concluded that Class II A Surabaya Women's Detention Center carried out 2 (two) training programs for female psychopaths. The first is personality development where this coaching is more directed to the personality of each person with disabilities, this coaching itself includes spiritual development and physical training. The second is self-reliance coaching where this training is so that when the tired ones leave the Surabaya Class II A Women's Detention Center they can become even more independent with the provision of coaching results at the Class II A Women's Detention Center Surabaya.
PENGUNGKAPAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM OLEH PERS: EVALUASI TERHADAP DEWAN PERS INDONESIA Hasanah, Nur; Rinwigati, Patricia
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.v5i4.736

Abstract

This article examines the disclosure of the identity of Children in Conflict with the Law (CCL) by the press in reporting on the internet media. The research method used is normative juridical with a prescriptive research type that is literature study. The type of data used is secondary data. The research results show that the disclosure of identities by the press has violated the provisions of Article 5 of the Journalistic Code of Ethics and the Regulation of the Press Council Number 1/PERATURAN-DP/II/2019. The disclosure of photographs in such cases can be reported to the Press Council by filing a complaint against the journalistic work. The concealment of the identity of children in conflict with the law aims to ensure that CCL can be accepted in society, as if the identity of CCL is revealed, there is a fear that the child will have difficulty being accepted by society, as they may be labeled as "criminal perpetrators."
PENEGAKAN HUKUM OLEH PENYIDIK PEGAWAI NEGERI SIPIL (PPNS) BALAI BESAR PENGAWAS OBAT DAN MAKANAN (BBPOM) PADANG TERHADAP PANGAN OLAHAN TANPA IZIN EDAR (Studi Kasus: di Wilayah Hukum BBPOM Kota Padang) Saputra, Febrian Akhirama; Najmi, Najmi; Zurnetti, Aria
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.v5i4.737

Abstract

Processed food is everything that originates from agricultural, plantation, forestry, fishery, water and water products, either processed or not processed, which are intended as food or drink for human consumption, including processed food additives, processed food raw materials, and processed food ingredients. other products that are used in the process of preparing, processing and/or making food or drink, in order to maintain the safety of processed food, this is where the role of the government through the Food and Drug Supervisory Agency (BPOM) is needed to oversee drug and food distribution. The ineffectiveness of supervision and law enforcement on the distribution of drugs and food is due to the poor legal culture of society which is one of the factors causing the high circulation of processed food without a distribution permit, besides that it is also influenced by the weakness of substance and legal structure. Efforts to tackle crime with criminal law are essentially part of law enforcement efforts. The issue raised in this study is how is law enforcement by Civil Servant Investigators (PPNS) Padang Food and Drug Supervisory Agency (BBPOM) against the circulation of processed food without a distribution permit and what are the obstacles and obstacles. The research used is a sociological juridical approach which is analytically descriptive in nature, namely analyzing the link between applicable laws and regulations and legal theories and implementation practices related to the research object which then produces several conclusions. In carrying out surveillance of processed food circulating in the community, BBPOM still often finds processed food without a distribution permit that does not meet processed food standards. In carrying out law enforcement, BBPOM already has several mechanisms in accordance with statutory regulations where these rules have a juridical aspect that can guarantee certainty that the law functions as a rule that must be obeyed. In fact, the investigation and supervision carried out by BBPOM has not guaranteed legal certainty, because existing regulations are not adhered to and the constraints faced are the lack of availability of human resources and the weak authority of BBPOM in taking action against processed food without a distribution permit.
PENCATATAN PERJANJIAN LISENSI OPEN-SOURCE SOFTWARE SEBAGAI RESIDU DARI FORMALITAS HAK CIPTA Mahpudin, Ilham Tri Putra; Anggraeni, Happy Yulia
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.v5i4.738

Abstract

In two decades, technological developments have made the existence of intellectual works such as open-source software with economic inlays grow quite rapidly. This phenomenon is inseparable from the debate on the obligation to regist er computer program copyright license agreements as in Law Number 28 of 2014 concerning Copyright. This research revisits the obligation to record copyright license agreements required to reconstruct existing rules to present a new perspective of viewing OSS as one of the main sources in developing computer programs. The type of research is normative law. The approach uses legislation and conceptual. The results of the study concluded that although recording the license agreement is necessary as a proof base, recording is considered to add to the length of the bureaucratic process which can reduce interest in creativity, and cause confusion because copyright is not required to be registered

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