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[Implementasi Penjatuhan Denda dalam Putusan Perkara Pelanggaran Pasal 17 Undang-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat ]]>
<![CDATA[Nurdiani Yusnita Sari]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.890
<![CDATA[This study aims to review the implementation of fines imposed by the Business Competition Supervisory Commission (KPPU) in decisions related to violations of Article 17 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition as amended by Law Number 11 of 2020 concerning Job Creation. This study used a qualitative method by analyzing four KPPU decisions that reflect the implementation of fines for violations of Article 17 of the Antimonopoly Law. The results showed there was a mismatch between the amount of fines imposed and the losses caused by monopolistic practices and unfair business competition. This study recommends changing the KPPU's administrative sanction system from the weight of the actors to the losses incurred and felt by the public, changing the method of calculating fines based on Government Regulation Number 44 of 2021, establishing an external oversight mechanism for the KPPU, functional differentiation within the KPPU, and granting authority to reporters to file objections to the court.]]>
<![CDATA[Kebijakan Perizinan Berusaha di Indonesia dan Kepastian Hukum bagi Investor Pasca Putusan Inkonstitusional Bersyarat UU Cipta Kerja ]]>
<![CDATA[Olivia Sabrina Br Manik]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.892
<![CDATA[The development and progress of investment activities is one of the things that has a very large role for the movement of the national economy. In order to maintain national economic stability, the government opens opportunities for investors with various facilities provided by Law Number 11 of 2020 concerning Job Creation (“Job Creation Law”). However, it is known the Job Creation Law was declared conditionally unconstitutional by the Constitutional Court Decision Number 91/PUU-XVIII/2020. Clarity is urgently needed regarding all regulations related to investment in order to realize the main objectives of the investment activity itself and to avoid all difficulties related to licensing bureaucracy. This normative research seeks to describe the business licensing policies after the Job Creation Law, the government's attitude towards the formal test decisions of the Job Creation Law, especially legal certainty for investors after the unconstitutional conditions of the Job Creation Law. Based on the research results, it is known that in order to guarantee legal certainty, investors should be able to continue carrying out their business activities on the basis of the Job Creation Law and its implementing regulations.]]>
<![CDATA[Implikasi Penerbitan Omnibus Law Undang-Undang Nomor 4 Tahun 2023 tentang Pengembangan dan Penguatan Sektor Keuangan (UU P2SK) Terhadap Peran Otoritas Jasa Keuangan (OJK) dalam Sektor Keuangan ]]>
<![CDATA[Yuliana Syafitri]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.893
<![CDATA[The issuance of the omnibus law in overcoming hyperregulation conditions has led to a long discussion in Indonesia. This is because the omnibus method is commonly used in countries that use the common law legal system. Meanwhile, Indonesia uses a civil law legal system that prioritizes codification as a solution to the hyper-regulation problem. However, Indonesia continues to adopt the omnibus method through one of which is the issuance of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUP2SK). This has an impact on the role of OJK in supervising the financial sector in Indonesia. The results of the research show that there is additional authority possessed by the OJK. In addition, its independence is also enhanced to realize financial climate stability.]]>
<![CDATA[Upaya Re-Definisi Korporasi dalam Undang-Undang Nomor 1 Tahun 2023 ]]>
<![CDATA[Muhammad Djaelani Prasetya]]>;
<![CDATA[Ratnawati Ratnawati]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.894
<![CDATA[The phenomenon of community associations or associations that do not have legal entities leads this research to seek a re-definition of corporations in Law Number 1 Year 2023. The research is conducted normatively with a historical, statutory and case approach. This will be analyzed qualitatively in order to answer legal questions. The research found that First, the history of corporations in the United States has described the development of terms, understanding, bad behavior, criminal administration, prosecution, criminal liability to deferred prosecution aggrement. Second, the efforts to redefine corporation are divided into 3 (three) things, namely 1) based on legislation, where 7 (seven) phases of development of the meaning of corporation are found, both indirectly and directly; 2) based on the existence of the Business Competition Supervisory Commission which has a connection with corporate crime and can cause problems in the future if it is connected to Article 146 of the New Criminal Code; and 3) based on a systematic review of the New Criminal Code which can cause problems such as the existence of terms without understanding or explanation, the existence of almost the same meaning without explanation, the contradiction of terms and the use of unnecessary words.]]>
<![CDATA[Problematika Pengajuan PKPU oleh Kreditor Berdasarkan UU No. 37 Tahun 2004 Tentang Kepailitan dan PKPU ]]>
<![CDATA[Benedictus Hananta Manogihon]]>;
<![CDATA[Ditha Wiradiputra]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.895
<![CDATA[Postponement of Debt Payment Obligations is an effort that can be made by the Debtor to avoid bankruptcy. The purpose of this research is to explain the efforts to postpone the payment of debts from a legal perspective and to find out the practice of suspension of obligations for payment of debts in court, especially regarding the submission of applications for suspension of obligations for payment of debts by creditors. The method used is normative juridical. Data obtained through document study. The results of this study are that the considerations of the Panel of Judges in this case are normative and in accordance with the applicable provisions, namely Law number 4 of 1998 covering the reasons for submitting an application for Suspension of Obligations for Debt Payments, filing an application for Suspension of Obligations for Debt Payments in response to a petition for bankruptcy, granting a Suspension of Obligations for Debt Payments Debt Payment Obligations, management fees, and management fees.]]>
<![CDATA[Proses Penyidikan Terhadap Pelaku Tindak Pidana Pencurian Disertai Kekerasan Studi Kasus di Polres Agam ]]>
<![CDATA[Mahesa Pandu Erlangga]]>;
<![CDATA[Sukmareni Sukmareni]]>;
<![CDATA[Syaiful Munandar]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.896
<![CDATA[Investigation is the stage of resolving a criminal case after an investigation, which is the initial stage of looking for the presence or absence of a criminal offense in an event. When it is known that a criminal offense has occurred, then that is when an investigation can be carried out based on the results of the investigation. In the act of investigation, the emphasis is placed on the act of searching and finding an event suspected of being a criminal act. Whereas in the investigation, the emphasis is placed on the act of searching and collecting evidence. Investigation aims to make light of the criminal offense found and also determine the perpetrator. This research is descriptive, which is research that aims to provide data that is as accurate as possible about the circumstances that are the object of research in this case about the investigation process against the perpetrators of the crime of gold robbery in the Agam Police area, so as to find answers to problems in the implementation of the investigation of criminal acts of theft accompanied by violence which was first carried out after receiving a report from the victim, namely processing the crime scene, asking for witness and victim testimony, after finding some preliminary evidence, several forced measures were taken, namely the arrest of the perpetrator, detention, and also confiscation. Investigations carried out by investigators play a role in uncovering or resolving a criminal offense. Therefore, investigators must improve their performance, so that they can complete the shortcomings in the investigation and can also overcome the obstacles that occur in the implementation of criminal investigations.]]>
<![CDATA[Analisis Putusan Hakim Terhadap Kasus Perlindungan Konsumen Bidang Perumahan dengan Sistem Syariah di Pengadilan Agama Bukittinggi (Studi Kasus Putusan Pengadilan Agama Bukittinggi Perkara Nomor: 604/Pdt.G/2020/PA. Bkt) ]]>
<![CDATA[Muhammad Nur Idris]]>;
<![CDATA[Busyra Azheri]]>;
<![CDATA[Rembrand Rembrand]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.897
<![CDATA[The aim of conducting research on Consumer Legal Protection in the Housing Sector in the City of Bukittinggi is as follows: 1. To find out the basic principles of Consumer Legal Protection in the Housing Sector using the Sharia System in the Event of Default by One of the Parties. 2. To find out the Judge's Decision on Consumer Legal Protection Cases in the Housing Sector with the Sharia System. In the research, the author took an empirical, descriptive, juridical approach. From the results of this research it is known that: 1. Indonesia as a country of law, legislation has provided the basis for legal protection for consumers. where the government guarantees legal certainty to protect citizens. In this case of default, the consumer as a buyer of one of the housing units has been harmed by the developer and has filed a lawsuit in the Religious Court. This is by the law where legal action can be taken if a default in the agreement occurs. the other is by filing a lawsuit in court. 2. Judge's Decision on Consumer Legal Protection Cases in the Housing Sector. In this decision, the opponent's application was rejected by the judge because he did not have proof of ownership of the land and house in the form of a certificate. However, in giving this decision, according to researchers, the judge did not give the maximum decision]]>
<![CDATA[Penyelesaian Perkara Pidana Anak Yang Belum Berumur 12 (Dua Belas) Tahun pada Tingkat Penyidikan di Polresta Padang ]]>
<![CDATA[Suryadinata LBN Gaol]]>;
<![CDATA[Elwi Danil]]>;
<![CDATA[Aria Zurnetti]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.898
<![CDATA[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.]]>
<![CDATA[Pelaksanaan Pendaftaran Hak Tanggungan yang Terintegrasi Secara Elektronik di Kabupaten Agam ]]>
<![CDATA[Angga Satria]]>;
<![CDATA[Yulizar Yakub]]>;
<![CDATA[Syuryani Syuryani]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.899
<![CDATA[Based on Article 1 paragraph (1) of the UUHT, Mortgage Rights on land and objects related to land are security rights that are imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, along with or without other objects that are an integral part of the land, for the repayment of certain debts, which give priority to certain creditors against other creditors. Mortgage rights begin with a debt and credit agreement entered into by the debtor and his creditor. This is followed by the making of a deed of granting mortgage rights (APHT) made by a Land Deed Official (PPAT). Before 2020, APHT registration was carried out by PPAT at the Land Office directly or manually. This is different after 2020, APHT registration is carried out online or electronically, with the enactment of Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 5 of 2020 concerning Electronically Integrated Mortgage Services. In its implementation after the enactment of the aforementioned regulation, there are several problems in the Implementation of Electronic Registration of Deeds of Granting Mortgage in Agam Regency. With problems: 1) How is the implementation of electronically integrated Mortgage Rights registration in Agam Regency? 2) How are the obstacles and constraints to electronically integrated registration of mortgage rights in Agam Regency? This research uses an empirical juridical approach and the nature of the research is descriptive. The implementation of Electronic Registration of Deeds of Mortgage in Agam Regency has been running well and in accordance with applicable regulations and has fulfilled the principles of electronic registration of mortgage rights, namely fast, precise and easy. Meanwhile, there are still obstacles both at the land office, PPAT and banks. One of them is that there are still many land data that have not been validated and the lack of human resources at the land office. Meanwhile, in PPAT and banking, there are still errors in typing APHT and its application.]]>
<![CDATA[Kekuatan Pembuktian Surat Dibawah Tangan yang Dilegalisasi oleh Notaris (Studi Kasus Putusan Nomor 362/PID.B/2020/PN PDG) ]]>
<![CDATA[Novitra Nanda]]>;
<![CDATA[Ismansyah Ismansyah]]>;
<![CDATA[Azmi Fendri]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.900
<![CDATA[Humans as social beings are always in contact with other humans, where in human relations they often make agreements both verbally and in writing which lead to an agreement. An agreement made in writing intends to provide legal certainty and legal protection for both parties if a dispute occurs between them at any time. In a written agreement, the subject and object of the agreement will be clearly visible. While the object can be described as something that is done by the subject, namely things that are obligatory to the authorities against which party has the right. A written agreement can be made by private deed or by authentic deed. Authentic deed made by a Notary. Notary as a public official who is the only one authorized to make authentic deeds and other authorities determined by law. In court, if what is presented as evidence is only an underhanded deed considering the limited strength of evidence, then other supporting evidence is still being sought so that evidence is obtained which is considered sufficient to reach the truth according to law. Based on this, problems arise regarding: 1) What is the judge's consideration of Decision Number 362/Pid.B/2020/PN Pdg regarding private letters legalized by a Notary. 2) What are the legal consequences of private letters legalized by a Notary against Decision Number 362/Pid.B/2020/PN Pdg. This study uses the Normative method, namely by examining primary, secondary and tertiary legal materials. Based on the results of the research, the judge's consideration of Decision Number 362/Pid.B/2020/PN Pdg is related to private letters legalized by a Notary, proof of letters, namely the legalization of private deeds which only have formal evidentiary strength, namely the strength of evidence which provides certainty that an incident has actually occurred which is contained in the private deed by the parties and public officials have acknowledged it. single public prosecutor. The legal consequence of private documents legalized by a notary is that private deeds do not have perfect evidentiary legal consequences because they lie in the signatures of all parties to the agreement. An underhand deed only gives legal consequences of proof that are perfect for the benefit of the party to whom the signatory wants to provide evidence, while for third parties the legal consequences of proof are free.]]>
