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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
KONSEP RESTORATIF JUSTICE DALAM SISTEM PEMIDANAAN PADA PERADILAN MILITER Nur, Nugroho Muhammad; Muin, Audyna Mayasari
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.v5i4.752

Abstract

Restorative justice is an alternative approach to criminal resolution that focuses on restoring harm caused by the committed crime for the benefit of the victim, offender, and community. It aims to rebuild the damaged relationships resulting from the crime by addressing the incurred harm, restoring justice for the victim, and providing the offender an opportunity to acknowledge their mistake and make amends to the community. Implementing restorative justice in the Military Justice system can be achieved by strengthening and developing mediation mechanisms as an alternative means of resolving criminal offenses. Mediation can involve various parties, such as the victim, offender, family, and community. The research method employed in this study is normative research. The problem approach in this study involves using a legislative approach and a conceptual approach. The resolution of criminal offenses through restorative justice mechanisms in the Military Justice system can be implemented by considering the principles of justice, utility, and legal certainty. The concept of restorative justice in the Military Justice system can be implemented through two methods, namely through the Formulation of Military Justice System Regulations and Mediation.
PERLINDUNGAN HUKUM TERHADAP HAK ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN YANG MENGGUNAKAN SENJATA TAJAM PADA TAHAP PENYIDIKAN DI POLRESTA PADANG Mufty, Mufty; Gusman, Erry; Zulfiko, Riki
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.v5i4.753

Abstract

Laws are rules that allow people in general to actively carry out through special intermediaries who have the authority to carry out legal coercion, economic sanctions such as fines, etc. Children are part of the younger generation as one of the human resources who are potential and successors to the ideals of the nation's struggle in the future, who have a strategic role and have special characteristics and characteristics, require guidance and protection in order to ensure balanced physical, mental and social growth and development. Theft with violence from a legal perspective is one of the criminal acts that is troubling and detrimental to society. Therefore, legal action must be taken. The act of motorbike robbery carried out by a group of people or organized is in essence an act that is contrary to religious, moral, ethical and legal norms, and endangers the livelihoods and lives of the community, nation and state. Based on the Criminal Code, begal is included in "Criminal Acts of Theft Chapter XXII specifically regulated in Article 365 of the Criminal Code. This has been regulated in the Criminal Code Article 365 paragraphs (1), (2) and (3), namely with a maximum penalty of nine years, twelve years, even life imprisonment. The type of research used is Juridical Empirical. The research results obtained, namely: 1). Legal protection for minors who commit criminal acts of theft using sharp weapons in the jurisdiction of the Padang Polrestabes. 2). Obstacles and efforts faced by Padang Police investigators in protecting children's rights as perpetrators of crimes of theft using sharp weapons in the jurisdiction of the Padang Polrestabes. Based on the results of the research it is suggested: The members of the Padang Polrestabes are more active and effective in conducting outreach to the public regarding the large number of crimes or criminal acts of theft that use sharp weapons
PERBANDINGAN HUKUM INDONESIA DAN INDIA TERHADAP PENYELESAIAN SENGKETA ARBITRASE SECARA ONLINE Fathurrahman, Muhammad Angga; Husna, Lenny
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.v5i4.758

Abstract

This article aims to find out the comparison of Indonesian and Indian law to the existence of online arbitration. Comparison of laws by comparing the national legal arrangements of each country. This research uses normative legal research which is prescriptive in nature. The approach used in this research is the statute approach and the comparative approach. The legal materials used in the research are primary and secondary legal materials with data collection techniques using library research. The method of legal analysis is carried out in a syllogistic manner by conducting an analysis in general and then withdrawing it specifically. Based on the research and discussion, it can be concluded that arbitration is an alternative method of dispute resolution, economic development and globalization are expanding the reach of the community to form business agreements both nationally and internationally. The legal systems of Indonesia and India have not specifically regulated online arbitration. The national laws of these two countries generally regulate the application of online arbitration, but the application of online arbitration can be carried out if the procedure does not violate the provisions of national law. The arbitral institutions of the two countries, namely the Indonesian National Arbitration Board (BANI) and the Indian Council of Arbitration (ICA) have regulated procedural rules that each apply in the two countries.
PERLINDUNGAN KREDITOR ATAS KEWENANGAN MUTLAK OTORITAS JASA KEUANGAN TERHADAP PERMOHONAN PERNYATAAN PAILIT PERUSAHAAN PERBANKAN Khardin, Khardin; Borahima, Anwar; Sitorus, Winner
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.v5i4.760

Abstract

The revocation of a bank's business license by OJK does not eliminate its status as a bank. Therefore, there is no opportunity for Creditors to apply bankruptcy statements for a bank because this authority absolutely rests with the OJK. Legal protection for Creditors can be pursued by the OJK by immediately resolving the bank through bankruptcy proceedings if the liquidation process is problematic, or the liquidation team formed by LPS gives advice to the OJK to make bankruptcy efforts if liquidation process it is found that the amount of debt is higher than the bank's assets, or the Creditor may take other legal remedies by filing a civil lawsuit on the basis of default. This research is a normative legal research. The type of it uses is a statute and conceptual approaches. The types and sources of legal materials used are primary legal materials and secondary legal materials related to the object of research. Literature research used to collect legal materials. This research uses a qualitative analysis which is prescriptive.
PEMAKSAAN KONSEP TRIAS POLITICA PADA KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI DALAM SISTEM KETATANEGARAAN INDONESIA Mashudi, Mashudi; Effendi, Prihatin; Basid, Abdul; Fadli, Abu Rizal
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.v5i4.761

Abstract

This article analyzes the coercion of trias politica on the KPK's position in the Indonesian constitutional system in Act Number 19-year 2019 concerning KPK, which the author limits to three issues: first, the background of KPK institution in Indonesia, secondly the position of KPK in Indonesia's constitutional system after the revision of the KPK’s Act, and third analysis the KPK's position. This research is normative legal research with statutory approach, conceptual approach, historical approach, and comparative approach. The results show that the background to the existence of the KPK in Indonesia is due to the inability of conventional institutions to resolve corruption, namely the Police and the Attorney General's Office which incidentally are part of the executive. The position of KPK in the state administration system in Indonesia after the revision of the KPK’s Act has been transformed into part of the trias politica concept, namely the executive branch. And the transition of the KPK's position in the state administration system in Indonesia to being part of the Executive clearly imposes the concept of trias politica which is outdated. KPK should remain an independent institution that can be aligned with the trias politica, as many other countries have done.
PERLINDUNGAN HUKUM TERHADAP KERUGIAN KREDITUR DALAM PERJANJIAN LISAN HUTANG PIUTANG AKIBAT WANPRESTASI DENGAN PEMBUKTIAN ELEKTRONIK Fortuna, Arina Dewi; Saputra, Arikha
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.v5i4.762

Abstract

The case of debts and receivables fulfilling deaflut in the case of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg was caused by the negligence of the debtor which caused the creditor to suffer losses. To obtain its rights, the creditor must prove the existence of the agreement. However, such contracts are only oral in nature and therefore have weak legal force. To prove the debtor’s negligence, creditors use electronic evidence in the form of screenshoot of Whatsapp messages and proof of transfers. Electronic evidence submitted is considered valid evidence under UU No.19 tahun 2016 tentang ITE. This research case is normative legal research and the research method is descriptive analysis. Analysis of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg. The results of research on the decision concluded that the legal protection of oppression was given after a dispute arose or was resolved. In this case the creditor filed a lawsuit with The Padang Distric Court to get the fairest settlement. According to creditors to seek legal protection for bankrupt debtors in court when the plaintiff appears to have bad intentions and is evasive. Until the final decision, the plantiff and the defendant must fulfill their obligations under the agreement.
PERANAN JAKSA PENUNTUT UMUM PADA LINGKUP KEJAKSAAN TINGGI PAPUA DALAM PELAKSANAAN DIVERSI PADA PELAKU TINDAK PIDANA ANAK Nasrullah, Nasrullah
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.v5i4.763

Abstract

Child development cannot be separated from the development of community life in the environment where the child is. National development is a process of modernization of globalization which is difficult to avoid in terms of communication, information, and technology, bringing positive and negative consequences. The positive aspects include adding insight and abilities to children in particular. Meanwhile, from the negative side, there are many child cases that occur as a result of the influence of technology, so that many children become victims of crimes, both from rape and obscenity. under the juvenile justice system. Prosecution of juvenile crimes is in conflict with the law because the application of criminal sanctions to juvenile cases in the juvenile justice system is different from the application of sanctions to the adult criminal justice system. Underlying this, this study aims to find out how effective the role of the Public Prosecutor is in implementing diversion against juvenile offenders at the Papua High Court and what factors affect the effectiveness of the role of the Public Prosecutor in implementing diversion against juvenile offenders at the Papua High Court. This type of research is empirical legal research, using primary data and secondary data. The problem approach in this study is the statutory approach (statute approach) by comparing its implementation when a health emergency occurs in Makassar City. The results of this study indicate that the implementation of the criminal act of health quarantine in the Covid-19 health emergency in Makassar City has not proceeded in accordance with the law. This is influenced by law enforcement factors, facilities and infrastructure, and community cultural factors.
IMPLEMENTASI PENEGAKAN HUKUM TINDAK PIDANA PERUNDUNGAN (BULLYING) OLEH ANAK DI KOTA WATAMPONE Fathurrahman Salewangeng, Muh. Hasby; Muhadar, Muhadar; Azisa, Nur
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.v5i4.764

Abstract

From 2011 to 2015 at least 1,850 cases of bullying occurred at school and outside school. This research reviews two problems, How is the enforcement implementation of law enforcement of criminal disputes (bullying) by children in Watampone towns and any factors that hinder the implementation of law enforcement (bullying) by children in the city of Watampone. The kind of research used is empirical legal studies or research law sociological or research field law. Reviewed from the number of cases bullying by high-counted children despite efforts such as bullying-related counseling at school. This can be concluded that the case of bullying by the child was not found at the watampone state court compared to the number of cases existing. The factors that hamper law enforcement ( bullying ) perundungan crimes by children in a city watampone not run according to the rules and the law, the law enforcement, the facilities and infrastructure, the people and the culture. Reviewed by the enforcement factor of bullying by children in the city of Watampone, the surrounding environment should pay more attention to the behavior of children so that they do not trigger the occurrence of bullying by children.
PENGARUH LINGKUNGAN KERJA, PELATIHAN KERJA, DAN DISIPLIN KERJA TERHADAP PRODUKTIVITAS GURU PADA SMK ISLAMIC CENTER BERBASIS PONDOK PESANTREN SULAWESI TENGAH Wartabone, Muhammad J
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.v5i4.768

Abstract

This study aims to determine the work environment, job training, and work discipline on teacher productivity. The object of this research is Islamic Center Vocational School Teachers based on Central Sulawesi Islamic Boarding Schools engaged in education. The variables used in this study as independent variables are work environment, job training, and work discipline and the dependent variable is teacher productivity. This type of research is descriptive quantitative. This study used a sample of 62 respondents, the data collection technique was a questionnaire (questionnaire). Analysis of the data used is the validity test, reliability test and hypothesis testing. The data were analyzed using multiple regression methods. Then tested by t-test and F-test with a confidence level of 5 percent. As a requirement analysis test, data analysis techniques, and hypothesis testing used is SPSS 25 analysis.
ANALISIS PEMERKOSAAN DALAM RUMAH TANGGA (MARITAL RAPE): SEBAB, MODUS OPERANDI, PERLINDUNGAN HUKUM TERHADAP KORBANNYA DAN UPAYA MENGATASINYA Anjani, Salsabila; Sitepu, Rajin
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.v5i4.779

Abstract

Marital Rape is something that makes a household unhappy, in fact it is a criminal act. Against this background, this research was conducted. This research is intended to reveal what causes the occurrence of Marital Rape, what is the modus operandi, how does the law protect victims and efforts to overcome them. This research is a normative juridical research in which data related to the Marital Rape problem are collected from library materials, both from journals, books and other library materials, the data obtained is then analyzed, identified, analyzed and concluded with inductive logic. The results of this study state that there are several reasons for Marital Rape, both direct causes, namely rejection by the wife; unbalanced libido and drunken husband. While the indirect causes are forced marriages; lack of communication and dependence of the wife because of economic difficulties. Furthermore, based on the analysis of several cases, the perpetrators tended to use violence and threats against the victim as well as threats of divorce so that the victim felt threatened and inevitably had to comply with the perpetrator's sexual desires regardless of the victim's condition. Legal protection for victims of Marital Rape has been regulated in a law, namely UU-TPKS. This law threatens to punish the perpetrators of Marital Rape. In addition, this law also regulates recovery efforts for victims of Marital Rape. Efforts that can be made to overcome cases of marital rape are as follows: Awareness and Education Raising; Effective Law Enforcement; Victim Support; Women empowerment; Collaboration between agencies.

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