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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
EFEKTIVITAS PERATURAN PEMERINTAH NO. 43 TAHUN 2014 TENTANG DESA TERHADAP TINGGINYA KASUS KORUPSI DANA DESA PERSFEKTIF FIQH SIYASAH Natasyah, Indah Nurhazlin; Pasaribu, Ilhamsyah
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.v5i4.782

Abstract

Based on data from Indonesia Corruption Watch (ICW), the village budget is the most vulnerable to corruption. In the last seven years, there have been 592 cases of corruption, and ICW noted that the village government was the institution that carried out the biggest corruption cases. This research uses a type of normative juridical research that refers to statutory law, namely PP No. 43 of 2014 concerning implementing regulations for the Village Law and other literature as a support for literacy with the aim of knowing the effectiveness of these regulations for the high number of village fund corruption cases in Indonesia and their studies according to fiqh siyasah. The results of this study indicate that PP No. 43 of 2014 when analyzed based on a juridical approach, namely Law no. 12 of 2011 concerning the procedure for forming laws and regulations, there are elements that do not work effectively in society, namely elements of usability and efficiency, PP No. 43 of 2014 does not clearly provide oversight over the use of Village Funds by the village government, it should be as implementing regulations of the Village Law PP No. 43 of 2014 provides effective efficiency, especially in limiting cases of village fund corruption in Indonesia.
STRATEGI PENCEGAHAN DAN PENANGANAN POLITIK UANG DALAM PENYELENGGARAAN PEMILU SERENTAK DI INDONESIA Puannandini, Dewi Asri; Urpiah, Sani
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.v5i4.784

Abstract

Money politics is a serious problem in the implementation of elections in Indonesia. Currently money politics has become a culture and commonplace in the eyes of the Indonesian people, so that people have no fear of practicing money politics, either by giving rewards or receiving certain rewards by the candidates. The practice of money politics must be prevented in order to create a good, transparent and accountable democratic system. This research is a normative juridical research. The approaches used in this study include a conceptual approach, a statutory approach, and a case approach. Sources of data obtained from primary and secondary data sources. From the results of the study it was found that the factors for the occurrence of money politics include: first, People's views that are used to money politics in elections, second, money politics become a bad culture every Indonesian election, third, weak law enforcement in Indonesia, fourth, weak faith factor, fifth, poverty factor. Sixth, the lack of public understanding of politics and the impact of money politics. The prevention efforts include: the establishment of an electoral justice system (EJS), providing understanding to the public about politics and the impact of money politics, and eradicating poverty in various sectors. Strengthen law enforcement and regulations as well as sanctions both criminal and administrative to deter perpetrators of money politics. lack of public understanding of politics and the impact of money politics.
IMPLEMENTASI KEBIJAKAN KABUPATEN LAYAK ANAK (KLA) DI KECAMATAN KINALI KABUPATEN PASAMAN BARAT Rinawati, Rinawati; Fitri, 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.v5i4.796

Abstract

This study aims to answer the formulation of the problem regarding how to implement child-friendly policies (KLA) in the Kinali District, West Pasaman Regency, and the importance of this policy in West Pasaman. To answer the research problem, field research was used. The method used was a qualitative method with a descriptive approach based on data collection techniques in this study including observation, interviews, and documentation. Data were analyzed namely data reduction, data presentation, and data verification or conclusion. The results of this study indicate that the successful implementation according to Edward III --namely communication, resources, disposition, and bureaucratic structure. The implementation of child-friendly districts in the Kinali sub-district is protected by legal force in the form of regional regulations and regent regulations. However, it needs to be followed by other supporting actions and policies. Because in the disposition variable as measured by the commitment of the executors, there are still deficiencies. The importance of Child-Friendly District Policies (KLA) in Kinali District, West Pasaman Regency, namely to: Carry out the Mandate of Law No. 35 of 2014 Concerning Child Protection and Fulfillment of Children's Human Rights and Providing space for children to address environmental issues where children, like adults, can be invited to cooperate and solve problems related to the environment.
KEDUDUKAN HUKUM NOTARIS DALAM PENCEGAHAN PENGGUNAAN HASIL KORUPSI DALAM PEMBENTUKAN PERUSAHAAN Hastarini, Arvita
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.v5i4.797

Abstract

The reduced central supervision of the regions causes budgetary and authority deviations so that they tend to commit acts of corruption. Various methods were used to hide the money resulting from corruption, one of which was by placing the funds in a company. Through normative juridical research, it is found that notaries can play a role in preventing money laundering by reporting perpetrators who are suspected of committing money laundering crimes even though the Notary Office Law requires Notaries to keep everything confidential regarding the deed, unless the Law stipulates other. The legal position of a Notary, apart from being a public official (openbaar ambtenaar) who is authorized to make authentic deeds, can be held responsible for his actions in connection with his work in making deeds and is obliged to keep the contents of the deed secret, but also a Notary as part of law enforcement officials and citizens of Indonesia. who comply with the law according to government regulation Number 43 of 2015 is one of the parties that is obliged to report a party suspected of having committed a crime of money laundering.
PERANAN PEMBIMBING KEMASYARAKATAN KASUS PERUNDUNGAN (BULLING) DENGAN SISTEM DIVERSI BERDASARKAN UU RI NO 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Sariadi, Banias; Herman, Asep
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.v5i4.798

Abstract

In the 1945 Constitution (UUD 1945) Article 28B paragraph 2 states that children are the future of a nation that needs protection for the lives of children to guarantee the right of every child to live, grow and develop. In legal problems, children are always exposed to criminal cases which are often found in the community which always cause problems with the association of children, both as suspects and victims of a crime. Criminal cases are generally rigid and standard in nature to resolve the problem of a case with minors because it is always linked to the child's parents. Soa juvenile criminal settlement is needed which has the principle of prioritizing the best interests of the child and presenting restorative justice. Method: Using Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) and Supreme Court Regulation (PERMA) Number 04 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System, the process of settling child cases can be carried out outside the criminal or ordinary mechanisms known as Diversion. Findings: research results According to the SPPA Law, Differentis the transfer of settlement of child criminal cases from the criminal justice process to processes outside the criminal justice. Diversion has the goal of achieving peace between victims and children by facilitating the role of community counselors and resolving child cases outside the judicial process to prevent children from being deprived of independence and encouraging the community to participate in instilling a sense of responsibility towards children. Conclusion: Settlement of juvenile criminal cases through diversion can also be described as a system when the facilitator's role as a social advisor regulates the process of resolving conflicting parties to achieve a satisfactory resolution as restorative justice.
PERLINDUNGAN HUKUM TERHADAP PERJANJIAN PERKAWINAN ATAS HARTA BERSAMA AKIBAT PERCERAIAN Nooryanto, Fista Hery; Endah Listyowati, Maria Yosepin; Setyaningrum, Diyah
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.v5i4.799

Abstract

The purpose of the study is to identify the legal protection of marital agreements on joint property due to divorce and the benefits of marital agreements as a form of prevention, as well as legal protection of husband and wife's property in the event of divorce. The research method with a normative approach using a conceptual approach analyzes the problem using legal theory and conducts research on legislation that applies and is relevant to the problem. A marriage agreement is considered valid if it is made in writing in the form of a notarial deed before a notary and legalized by the civil registry, namely the KUA for those who are Muslims and a legal entity of citizenship for non-Muslims. Islam. and register with the local District Court, as stated in Chapter V Article 29 Paragraph (I) of the Marriage Law with the Constitutional Court Decision Number 69/PUU-XIII/2015 and its contents also apply to other parties who have an interest. It is concluded that the legal protection of a marriage agreement on joint property due to divorce provides freedom in determining the time for couples to make a marriage agreement and protect their property in the event of a divorce.
PERTANGGUNGJAWABAN HUKUM DOKTER: SUATU TINJAUAN DALAM PERSPEKTIR HUKUM KESEHATAN Lira, M. Adnan
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.v5i4.802

Abstract

Doctors are a noble profession that must be protected from wrongful criminalization because of their duty to save human lives. This does not mean that doctors have absolute legal immunity and cannot be prosecuted if it is proven that they violated the patient's rights. The goal of this article is to examine the doctor's legal liabilities through the perpespective of medical law. Through library research, the issues are analyzed using a normative and conceptual approach to primary and secondary legal materials. As a type of contract, the relationship between doctors and patients is governed by law. As a result, a doctor can face legal consequences under both criminal and civil law. In terms of criminal law, a doctor who fails to perform his duties and profession in accordance with procedures may be subject to a number of Criminal Code provisions, particularly if the patient dies as a result of his negligence. Furthermore, any unlawful act that harms a third party gives rise to a civil law obligation on the person who unintentionally caused the injury to make up for the harm. If an intentional or negligent act results in a damage to or disability of a limb, the victim is entitled to compensation for the costs of healing as well as compensation for losses brought on by the injury or disability.
PERTANGGUNGJAWABAN PEJABAT NEGARA YANG MELAKUKAN PENYALAHGUNAAN KEWENANGAN (MENURUT PERSPEKTIF HUKUM ADMINISTRASI NEGARA) Yudistira, Yudistira
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.v5i4.803

Abstract

Accountability for the actions of the government arises from the existence of 2 things, namely the existence of authority and the existence of rights and obligations. The authority of these rights and obligations is an act of the government that must be accounted for. Government accountability is in the form of legal accountability (criminal, civil and state administration) There are 3 types of accountability for state officials morally, namely : Hierarchical responsibility, responsibility for a political product is borne by the person with the highest position in the chain of formal and informal authority. Collective Responsibility, based on the premise that many political products are the result of the actions of many different people, so that individual contributions may not be identified at all and certainly cannot really be distinguished from the contributions of others. An official is morally responsible for a policy product only if (1) the official's actions or omissions are the cause of the policy product; and (2) these acts or omissions were not committed in ignorance or under duress. Furthermore, legal responsibility under the Act. No. 30 of 2014 concerning Government Administration of Government Internal Supervisory Apparatuses (APIP) and the State Administrative Court conduct an examination if the policy carried out is found to be in the form of losses. Efforts that can be made to prevent abuse of authority by state officials Preventive or prevention efforts can be carried out by means of: Anti-corruption education, Anti-corruption campaigns, one topic. Socialization on the eradication of criminal acts of corruption, organized through education and training activities, seminars, workshops, discussions, upgrading, lectures and religious sermons with the aim of creating public awareness and legal compliance in order to participate in assisting state administrators Research, study and development of eradicating corruption crimes.
ANALISIS YURIDIS PENANGGULANGAN PENYALAHGUNAAN DATA PRIBADI DALAM BENTUK PHISING YANG DILAKUKAN OLEH PAID VERIFIED ACCOUNT DI MEDIA SOSIAL MENURUT UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI Saputra, Dewana; Marpaung, Zaid Alfauza
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.v5i4.804

Abstract

This research discusses the handling of personal data abuse in the form of phishing carried out by paid verified accounts on social media according to Law Number 27 of 2022 concerning Personal Data Protection. The problem raised in this study is the rampant phishing crime against personal data abuse on social media. The research method used in this study is juridical-normative with sources of legal materials, namely: Laws, previous legal research results, opinions of legal experts, works from legal experts and other sources of information that are useful for this study. The results of this study reveal that the Personal Data Abuse Law in tackling phishing crime against personal data abuse, by strengthening personal data protection through several efforts, such as imposing sanctions, establishing a special authority agency, encouraging the government to strengthen cyber security and increasing digital literacy for the community as a form of participation. with the aim of minimizing the possibility of personal data abuse, such as phishing on social media by paid verified accounts. The handling of personal data abuse through the Personal Data Protection Law is good if it is fully implemented, but it would be even better if various modus operandi of personal data abuse could be explicitly or clearly written in it, so that there are no gaps for violators to escape from the articles of the Personal Data Protection Law. Then regarding the Personal Data Protection Authority Agency must stand independently and independently, so that there is no conflict of interest that can injure and disrupt the enforcement of personal data protection in Indonesia.
PENYELESAIAN PERKARA PIDANA ANAK YANG BELUM BERUMUR 12 (DUA BELAS) TAHUN PADA TINGKAT PENYIDIKAN DI POLRESTA PADANG Gaol, Suryadinata LBN; Danil, Elwi; 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.v5i4.806

Abstract

Investigators, social counselors and professional social workers must work together and coordinate with each other so that the stages as stipulated in Government Regulation No. 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Who Are Not Yet 12 Years Old, the initial initiative for implementing this government regulation in The investigator's hand is supported by the role of social counselors and professional social workers in making decisions whether the perpetrators of children who are not yet 12 years old are returned to their parents/guardians or put in LPKS. The type of research used in this study is an empirical juridical approach and is descriptive analysis in nature. The roles of Investigators, Community Counselors and Professional Social Workers have their respective roles in coordinating the decision making of perpetrators of children under the age of 12 as stipulated in Government Regulation No. 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Underage Children 12 years old. the initial initiative for implementing these government regulations lies in the hands of investigators supported by the role of social counselors and professional social workers in making decisions whether the perpetrators of children who are not yet 12 years old are returned to their parents/guardians or admitted to LPKS.

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