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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
MEKANISME PENGHAPUSAN MEREK ATAS PRAKARSA MENTERI (STUDI KASUS PERKARA MEREK GEPREK BENSU) Sitorus, Yoel
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.v5i4.739

Abstract

Trademark protection serves as an identification mark for a product. Therefore, the existence of brands that are identical to one another certainly creates confusion for the public regarding these brands. This is what happened in the Geprek Bensu and I Am Geprek Bensu problems. Thus, it is necessary to study the mechanism for removing marks on the initiative of the Minister.
AKIBAT HUKUM TERHADAP PERJANJIAN GADAI YANG OBJEK GADAI BUKAN HAK MILIK DEBITUR (Studi Putusan Nomor 170/Pdt.G/2018/PN Skt) Ningrum, Wulan Cahya; Rahmatiar, Yuniar; Abas, Muhamad
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.v5i4.740

Abstract

A pawn agreement is an agreement between the creditor and the debtor, where the creditor obtains collateral for the goods provided by the debtor, and the debtor obtains collateral for the goods bound by him in the form of a money loan. The goods used as collateral or bound by a pawn agreement must be goods that belong to the debtor. The problem that can be discussed in this paper is the legal consequences of a pawn agreement with a pawn object that does not belong to the debtor as collateral and the judge's consideration in Decision Number 170/Pdt.G/2018/PN Skt. related to the object of pawn collateral. This paper uses normative juridical research methods. The conclusion of this research is that a pawn agreement held as collateral for a pawn object that does not belong to the debtor can make the pawn agreement null and void in accordance with Article 1320 of the Civil Code and analogous to the provisions of Article 1471 and the judge's consideration is correct and in accordance with applicable regulations. The verdict decided that The Joe An had legally committed a tort against PT Pegadaian and stated that the evidence which was also the object of the pawn collateral in this case must be returned to Koentjahjono Tanto as the owner of the gold shop.
PENGATURAN TINDAK PIDANA KORUPSI SEBELUM DAN SESUDAH BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP, DALAM UPAYA MENURUNKAN ANGKA KORUPSI PADA SEKTOR SWASTA Zulfiani, Anita; Probohudono, Agung Nur; Sangka, Khresna Bayu
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.v5i4.741

Abstract

Corruption is a legal issue that always comes up. The level of corruption in the private sector is quite high. Based on Corruption Eradication Commission (KPK) data, in 2004-2021, private parties who were convicted of corruption reached 359 people or 26%. This paper discusses the regulation regarding corruption, especially related to the private sector, before and after the enactment of Law Number 1 of 2023 concerning the Criminal Code. This paper uses normative writing methods with statutory and comparative approaches. Corruption is regulated in the Criminal Code Articles 209, 210, 378, 388, 418, 419, and Article 420. These articles were revoked after the enactment of Corruption Law. Corruption regulation in Law Number 1 of 2023 concerning the Criminal Code are contained in Articles 603, 604, 605(1), and Article 606 (1). There have been changes in the regulation of corruption, including the abolition of the threat of the death penalty. The criminal act of corruption in the New Criminal Code does not make corruption cases lose its category as a special crime and extraordinary crime, because the existence of corruption articles in the New Criminal Code aims to compile a codification of criminal law, where corruption articles are generally formulated as core crimes, which function as bridging articles between the New Criminal Code and laws outside the New Criminal Code. The corruption law as a lex specialis requires a lex generalis in criminal code, this codification does not eliminate corruption from it’s characteristic as a special crime, and the Corruption Law in general is still in force, as well as the KPK (Corruption Eradication Commission) is still authorized to deal with corruption.
PENGAWASAN PEJABAT PEMBUAT AKTA TANAH OLEH MAJELIS PEMBINA DAN PENGAWAS PPAT DAERAH DI KABUPATEN AGAM Paramitha, Nadya; Warman, Kurnia; Andora, Hengki
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.v5i4.743

Abstract

Supervision of PPAT by the Regional PPAT Advisory and Supervisory Board in Agam Regency is carried out based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 2 of 2018 (Permen ATR / BPN), supervision of the implementation of PPAT positions, this is carried out at least once a year. The forms of violations committed by the PPAT in Agam Regency based on the results of Supervision by the MPPD PPAT Agam Regency can be grouped based on 2 categories, namely violations related to the attributes of the PPAT in carrying out such as violations of rules related to the PPAT stamp. Violation for not being notified in writing of changing office address, Violation because there is no guest book and attendance list of PPAT and employees. The second category is violations related to the deed in the form of violations because there is no deed formula, violations because there is no numbering in the deed book, there are no numbers and names in the volume of the document, violations because there is no photo evidence when committing the violation of the deed and violations because the deed does not comply with Article 26 PP No. 37 of 1998 concerning PPAT, and violations because the deed has not been bound and bundled. The findings obtained at the inspected PPAT office will be included in the inspection problem, which also provides an inspection
KETIKA BEA MASUK ANTIDUMPING TIDAK DAPAT MENGOREKSI MONOPOLI, PERLUKAH DIKENAKAN? PELAJARAN DARI PENGENAAN BEA MASUK ANTIDUMPING TERHADAP LISIN RRT Solakira, Yustinus B.
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.v5i4.744

Abstract

Anti-dumping measures are truly a limited exemption from multilateral agreements on tariff elimination under WTO. This exemption is provided under WTO laws in order to remedy domestic industry’s injury caused by dumping, which is viewed not only as an unfair trade practice but also as unfair competition behaviour. Ironically, the imposition of antidumping measure on lysine importation from People’s Republic of China even brings about an anti-competitive impact on domestic industry. An antidumping measure which is aimed at condemning predatory price fixing even creates a monopoly within domestic industry for the like product.The imposition of the antidumping measure eventually eliminate competitors from the relevant market and leave a domestic producer in the market as a single supplier. So, the questions here are: how the antidumping measure has been considered so that such a measure aming at overcoming an unfair trade practice and an unfair competition can bring about an anti-competitive impacts on domestic industry? Can an antidumping measure make a correction to unfair competition in domestic industry? This paper is going to discuss and answer those questions.
KEPASTIAN HUKUM PENERAPAN ASAS FIRST TO FILE PADA MEREK DAGANG DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN NO.2/PDT.SUS.HKI.MEREK/2022/PN.NIAGA.SBY) Maulana, Muhammad Syahrul; Kansil, Christine S.T.
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.v5i4.746

Abstract

Ms.Glow and Ps.Glow where the product or brand name and type of product or brand and type of product belonging to Ms.Glow almost resemble Ps.Glow. In this case it is known that the first to file principle has not been implemented. Protection of the rights to a new mark will be obtained after the new mark will be obtained after the mark is registered, this is in accordance with the provisions contained in Article 3 of Law Number 20 of 2016 concerning Marks and Geographical Indications. in the form of preventive legal protection or repressive legal protection. Therefore the aims of this study are: (1) To find out the legal certainty of the application of asar first to file on trademarks in Indonesia (2) To find out the responsibility of the Directorate General of Intellectual Property Rights for the application of the first to file principle in trademark registration in Indonesia. To achieve this goal, this research was conducted using normative juridical methods. The collected legal materials will be comprehensively reviewed and analyzed deductively with a systematic presentation.
PERLINDUNGAN HUKUM BAGI PIHAK DEBITOR DAN KREDITOR BARU PADA PROSES TAKE OVER ATAS ROYA HT-EL YANG DILAKUKAN OLEH KREDITOR LAMA Wahyuni Y, Sri; Said, Nurfaidah; Marwah, Marwah
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.v5i4.747

Abstract

This study examines and analyzes the legal protection for parties, namely new debtors and creditors in the case of HT-el roya when paying off debt by third parties. This research is an empirical study, with a population of all Land Offices as mortgage service providers, BUMN Banks as creditors, and all Notaries/PPATs in South Sulawesi Province. The sample is determined by purposive sampling. Data collection techniques were conducted by interviews and analyzed by qualitative methods. The results of the study show that one form of legal protection that can be exercised for the debtor is to include a clause regarding mortgage rights in the credit agreement, including the time limit for filing royalties and the fees charged for the process. Thus, the debtor gets certainty over the cleaning of the mortgage guarantee. Whereas for new creditors the usual efforts are made when the party has not been able to register mortgage rights on collateral due to roya reasons, namely by making a Power of Attorney for Imposing Mortgage Rights (SKMHT). In addition, it can also be done by way of subrogation.
DIALEKTIKA PERBEDAAN INTERPRETASI UMBRELLA CLAUSE DALAM BILLATERAL INVESTMENT TREATIES SEBAGAI PERLINDUNGAN INVESTOR DALAM PUTUSAN ARBITRASE ICSID SGS V. PAKISTAN DAN SGS V. PHILIPPINE Fitri, Alfa
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.v5i4.749

Abstract

Investor-state dispute settlement in current developments has become a problem that often arises in international investment affairs. There are two different objectives, where investors aim to get the maximum profitability and host states aim to benefit from investment while taking into account the national interest in the country. However, the difference in objectives still has something in common, namely investors and host states have equal treatment of their respective rights protected by Bilateral Investment Treaties (BIT) or Contractual Commitments which ultimately conflict gives birth to disputes. The umbrela clause is present in the BIT between the parties as an effort to provide protection for related investments from forms of breach of contract that occur. However, problems arise when two ICSID rulings are born from which give different interpretations of the umbrella clause. This paper is doctrinal with secondary qualitative data collection. The problem approach used in this study is a conceptual approach, by examining the umbrella clause both from previous arbitration awards and expert opinions.This study resulted in conclusions that emphasized the breakfast theory of jurisprudence as the main factor that determines judges in making different interpretations of umbrella clause
TINJAUAN HUKUM TERHADAP UNDANG¬-UNDANG NO 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK BERKAITAN DENGAN PENYITAAN HP DI SEKOLAH BERDASARKAN PERSPEKTIF FIQH SIYASAH Nauli, Shinthia Asih; Fatimah, Fatimah
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.v5i4.750

Abstract

Confiscation is one of the forced measures regulated in the Criminal Procedure Code (KUHAP). This often happens in every school holding students' cellphones confiscated without clear knowledge. In fact, the school not only confiscated students' cellphones but also checked the contents of the cellphone, this action was allegedly against the law. Even though the school cannot search the contents of students' cellphones without clear permission because everyone has the right to freedom, to privacy, and also to personal data. Based on Article 26 paragraph (1) in conjunction with Article 30 paragraph (1) Law No. 19 of 2016 concerning Information and Electronic Transactions. With the legal review, it is hoped that the school does not violate human rights, including confiscating cellphones at school, the school is not arbitrary in carrying out forced searches of students. This research is a empirical juridical law research with statutory and conceptual approaches. The results of this study are that law enforcement in carrying out forced searches of students' cellphones cannot be arbitrary, but the implementation of these searches must be based on or be based on an applicable statutory regulation.
TINJAUAN YURIDIS TERKAIT KEPASTIAN HUKUM HAK PERTANAHAN DAN JAMINAN FIDUSIA BAGI PEMEGANG IZIN PEMAKAIAN TANAH DI KOTA SURABAYA Dewi, Elysia Arianti; Suyatno, Suyatno; Dwi Miarsa, Fajar Rachmad; Zamroni, M.; Romadhon, Ahmad Heru
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.v5i4.751

Abstract

The objectives of this study are to: (1) determine the best course of action for the Municipality of Surabaya's Ijo Letter owners in terms of legal certainty so that they can transfer land rights in the future with minimal formalities and at market rates; and (2) conduct a legal analysis pertaining to the terms of fiduciary guarantees and their relationship to the position of IPT as collateral for immovable tangible objects. This kind of study employs normative legal research. The data analysis used is qualitative analysis, which entails examining data derived from legal sources in accordance with doctrines, theories, rules and regulations, laws and principles, expert opinions, or the researchers' own ideas. The study's findings revealed that: (1) IPT (Land Use Permit) or Letter Ijo are permits unrelated to agrarian reform, and in accordance with national land law, which upholds the principle of horizontal separation, the Surabaya City Government is legally in possession of land rights with management rights from the State, while IPT holders are the owners of buildings that have been built on the land. (2) Only the building is authorized as a fiduciary assurance on property having IPT status and complying to the horizontal separation concept. This is in accordance with Surabaya Regional Regulation 3/2016 article 7 letter (c) and the evaluation of structures erected on land with assured IPT status based on their legal standing and future market potential

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