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Iyah Faniyah
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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 744 Documents
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Search results for , issue "Vol. 6 No. 1 (2023)" : 744 Documents clear
Perlindungan Hukum Dokter Program Pendidikan Dokter Spesialis (PPDS) Terhadap Pelimpahan Wewenang Dokter Spesialis dalam Pelayanan Medis di Rumah Sakit (Studi Kasus di Rumah Sakit Umum Pusat Dr. M. Djamil Padang Bagian Obstetri dan Ginekologi) Nadia Tiara Syahredi Adnani; Syofirman Syofyan; Yussy Adelina Mannas
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.911

Abstract

The doctor's service at a hospital, becomes the future cycle of the hospital itself in the middle of society. The impact of a service and the acceleration of services performed by doctors and other medical personnel will have an impact, both positive and negative, on the image of the hospital. Legal questions that may arise from the hospital service when the medical action that should be performed by the doctor responsible for the patient but carried out by the general practitioner. Medical action carried out by a caregiver against a patient will be a legal issue for doctors and hospitals when such action is detrimental to the patient, while such an action is a fulfilment of the duty that should be performed by the Patient Responsible Doctor.
Pertanggungjawaban Pidana Pers dalam Tindak Pidana Pencemaran Nama Baik Dihubungkan dengan Undang-Undang Nomor 40 Tahun 1999 Tentang Pers (Studi Putusan Nomor 46./Pid.Sus/2021/Pn.Pip) Nurdin Nurdin; Deny Guntara; Muhamad Abas
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.912

Abstract

In a democratic country, press freedom is very important. As one of the pillars of democracy, the Press Institution has an important role in translating the value of freedom of opinion, obtaining reliable information, and trying to unite the nation. Press workers believe that the detention of columnists during this fair period has really stifled the imagination of press workers and endangered opportunities for articulation as guaranteed in the constitution and Law Number 40 of 1999 concerning the Press. Law Number 40 of 1999 concerning Press Review Decision Number 46./Pid relates to the issues raised in this article regarding criminal liability of the press for acts of defamation. Based on Law Number 40 of 1999 concerning the Press, the person responsible for news material is the media editor, usually represented by the Editor-in-Chief (Pemred), if legal collection occurs. This article uses a normative method to determine the criminal liability of the press. A press regulatory responsibility framework could also be imposed on press organizations. “Vicarious Liability” is the term for this kind of responsibility.
Keabsahan Perdamaian Kedua oleh Debitor Pailit dalam Proses Penundaan Kewajiban Pembayaran Utang (PKPU) Achmad Sidik Jamaludin; Friedmus Imanuel Francis; Joko Kuncoro Adi; Alif Azis Assyadili
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.913

Abstract

Article 292 of the Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt stipulates that reconciliation cannot be resubmitted by the debtor. Case in Decision Number 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby. it was found that there were bankrupt debtors who proposed a second peace, as well as ratification of the peace by the panel of judges. Based on this, of course there is a discrepancy in the implementation of the second reconciliation based on the provisions of the laws and regulations in the PKPU process. The purpose of this study is to explore the judge's basis for implementing the second peace in the PKPU process and the legal consequences of implementing the second peace. In addition, it also aims to explore the legitimacy of the second peace. This study uses a type of normative juridical method, with a statutory regulation approach, a case approach, and a conceptual approach. The results of the study show that the basis of the judge used to implement the second reconciliation proposed by the bankrupt debtor is non-juridical in nature. The legitimacy of the second reconciliation proposed by the bankrupt debtor thus needs to be doubted, bearing in mind that the statutory provisions do not regulate this. Renewal of laws and regulations related to the second reconciliation by the bankrupt debtor thus becomes an urgency to be realized, in order to create legal certainty as well as justice for the parties.
Analisis Yuridis Penyimpanan Minuta Akta Notaris Secara Elektronik Thea Farina Embang; Elin Sudiarti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.914

Abstract

Several studies explain that there is overlap between the duties of a notary and electronic storage of notarial deeds which is very rare in Indonesia. Using a digital-based deed, such as the minutes of an electronic notary deed, is still difficult to accept. This study aims to look at the study of juridical law enabling fast-paced information technology to be utilized to digitize minutes of notarial deeds. This approach is a qualitative study based on normative legal procedures. Based on the findings, using minutes of notarial deeds electronically is not yet possible in Indonesia at this time.
Perlindungan Hukum Kerugian Franchisee Akibat Perbuatan Melawan Hukum Dalam Perjanjian Waralaba Hanashobu Japanese Noodle Bar Putri Nur Annisa; Fitika Andraini
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.915

Abstract

The franchise case fulfills an unlawful act in the case of the Surabaya court decision number 837/Pdt.G/2021/Pn.Sby because the procedure is not in accordance with PP NO.42 of 2007 concerning Franchising and PERMENDAG NO. 31/M-DAG/PER/8/2008 causing losses to franchisees. In the franchise agreement there must be a franchise registration certificate, but in the hanashobu japanese noodle bar franchise agreement there is no STPW. This research is a normative research with descriptive analysis research method. Analysis of the Surabaya court decision number 837/Pdt.G/2021/Pn.Sby. The research results conclude that legal protection is given after a dispute arises or is resolved. In this case the franchisee filed a lawsuit with the Surabaya District Court to get the fairest decision. secondly, after the agreement is declared null and void, the franchisor is responsible for returning the franchisee's losses, both material and immaterial.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Oleh Dinas Pemberdayaan Perempuan, Perlindungan Anak, Pengendalian Penduduk, dan Keluarga Berencana (Dp3ap2kb) Kota Padang Trisanti Trisanti; Aria Zurnetti; Khairani Khairani
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.916

Abstract

Children are very vulnerable to becoming victims of crime, many children are targets of acts of violence. In Padang city violence against children in 2021 there was 63 cases of violence recorded. Based on Article 59 paragraph (1) of Law Number 35 of 2014 concerning Child Protection, local governments are obliged to provide protection for child victims. This research focuses on two issues, First: How is the legal protection of child victims of violent crimes committed by DP3AP2KB Padang City, Second: How is the implementation of legal protection for child victims of violent crimes committed by DP3AP2KB Padang City.This study uses empirical juridical research methods with analytical descriptive characteristics. Sources were obtained from interviews, reports and documents. Secondary data comes from related laws and regulations, articles, journals, and internet sites. The results of the research, First, the legal protection carried out by DP3AP2KB is to provide consulting services and legal process assistance to ensure the fulfillment of children's rights so that they can recover and be able to carry out social functions in their environment, social field. Second, the implementation of legal protection for child victims of violent crimes by DP3AP2KB experienced several obstacles, namely a lack of human resources, a lack of special experts such as child clinical psychologists and a lack of budget, facilities and infrastructure. so it must coordinate with other agencies.
Penerapan Perjanjian Jual Beli Online di Aplikasi Shopee Berdasarkan KUHPERDATA Dan UU ITE Priambudi Choiril Ilham; Arikha Saputra
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.917

Abstract

One of the e-commerce that is often used is shopee. In online shopping consumers decide to buy a product with the best reviews. However, in reality, the best rating cannot guarantee that violations will not occur. This could have happened due to the negligence of the seller, user, or expeditionary party. For this reason, Shopee is required to provide assurance regarding online buying and selling agreements and the claim mechanism for these violations in accordance with the Civil Code and Law Number 19 of 2016 concerning ITE. This type of research is normative juridical research with descriptive analytical research methods. Analysis is carried out to obtain clear, systematic and detailed results. The research results in the online sale and purchase agreement must comply with the provisions for effective communication, personal data protection, compliance with consumer protection, use of good policies and procedures, contractual responsibility, timely refunds, and compensation for losses. The mechanism for the claim process carried out by the shopee party in violation of the online buying and selling agreement at shopee is carried out on the principle of good faith, which is the implementation of the UUPK.
Pengeboran Minyak Bumi Secara Ilegal di Aceh Perspektif Fiqih Siyasah (Studi Kasus Tambang Minyak Ilegal di Aceh) Faiz Ahwal Maulana; Syofiaty Lubis
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.919

Abstract

Illegal oil drilling in Aceh from the perspective of siyasah fiqh is a violation of state law and order. Fiqa siyasah or political fiqh is a part of the science of fiqh which discusses the relationship between the government and the people, as well as procedures for governing the state. In Siyasah fiqh, the government must protect public interests and uphold justice in society. The research method used in this writing is a normative juridical type of research (legal research), namely research that focuses on examining the application of rules or norms in positive law. Drilling illegal oil wells is a criminal act, carried out by the community to produce oil using traditional drilling tools such as used pipes and used tanks, without permission from the government and without considering the risks to the surrounding environment. That law enforcement for oil drilling perpetrators does not have to wait for the activity to be classified as an extra ordinary crime.
Karakteristik Kayu Sanrego (Lunasia Amara Blanco) Sebagai Salah Satu Potensi Indikasi Geografis Di Kabupaten Bone Asyraf Jainuddin; Hasbir Paserangi; Marwah Marwah
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.920

Abstract

This study aims to identify and describe the characteristics of sanrego wood so that it can be protected by the intellectual property rights act in the form of legal protection for geographical indications and to examine local government efforts for legal protection for geographical indications for sanrego Bone wood. This research uses the type of empirical research. Legal research is carried out by examining existing facts in line with observations in the field so that they can reveal in detail and explore the object being observed. This research was conducted in Bone Regency, South Sulawesi Province an the Ministry of Law and Human Rights of South Sulawesi.The data obtained was colleted through this study by data processing, both primary data and secondary data, all data were analyzed qualitatively. The results of the study show that: (1) Sanrego wood has the potential to obtain legal protection for Geographical Indications because of its reputation, quality and characteristics. Based on Laboratory Tests, Sanrego wood contains active compounds, namely, flavonoids, alkaloids, and steroids ehich function as aphrodisiacs. Sanrego wood has also met standardization as a traditional medicine according to the Decree of the Director General of Drug and Food Control Number: 03726/B/SK/VII/89. (2) The Government of Bone Regency is expected to make efforts to legally register the geographical indications of sanrego timber as a step to obtain legal protection and legal certainty as well as to obtain exclusive rights and economic benefits, as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications.
Notaris dan Akibat Pembatalan Akta Jual Beli Saham Silang (Cross Holding) oleh Pengadilan Dwi Tiara Febrina; Benny Djaja; Maman Sudirman
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.921

Abstract

This research aims to interpret the legal consequences for Notaries regarding the Cross Holding Deed of Sale and Purchase of Shares which annulled by the Court used by a normative juridical approach, by examining library materials including statutory regulations, legal rules, legal principles and analyzing the provisions of statutory regulation, court decision and other legal material. The public views that notaries always know all matters relating to law, so notaries are expected to be able to inform and explain in detail to their clients that the deed to be made contains prohibited reasons. Even though at the time the deed was drawn up, the Limited Liability Company Law didn’t contain a prohibition on cross share ownership, the prohibition on cross share ownership was stated in the Law on the Prohibition of Monopoly Practices and Unfair Business Competition. In this case the applicant did not involve a third party, the Notary who made the Deed of Cross Share Sale and Purchase. However, a Notary in carry out his position as a public official must apply the principle of prudence, so that in carry out his duties as a Notary doesn’t cause harm to his clients and does not create legal uncertainty.

Page 13 of 75 | Total Record : 744

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