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[Pelaksanaan Kawin Bajapuik Dan Uang Hilang Di Kabupaten Padang Pariaman ]]>
<![CDATA[Rahmat Putra Syahyu Razak]]>;
<![CDATA[Dahlil Marjon]]>;
<![CDATA[Yasniwati Yasniwati]]>
<![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.v6i1.980
<![CDATA[Marriage is an event in the life of every human being. Marriage that occurs between a man and a woman will have both physical and spiritual consequences between them, on society and also disputes with assets acquired between them both before, during and after the marriage takes place. Marriage according to customary law is a very important matter because it does not only involve the relationship between the two parties of the bride and groom, but also concerns the family relationship between the two parties. In the area of West Sumatra, specialy in Padang Pariaman Regency, there is a uniqueness in the marriage system, namely the "Bajapuik" and "lost money" traditional marriages. Normally in a marriage procession, it is the man who proposes to the woman's family, but in the traditional Pariaman marriage system it is not same. In the traditional marriage procession in Padang Pariaman, the application process is carried out by the female family, the male family is only waiting for the female family to arrive. This procession occurs in the traditional Bajapuik marriage in Padang Pariaman Regency, where "Bajapuik" means "to pick up". In this study, the authors took the formulation of the problem, What are the procedures for bajapuik marriage and lost money and why is the lost money tradition still being carried out, How is the implementation of bajapuik marriage and what are the legal consequences if it is not carried out and, What are the obstacles to the collection of money and the solution to the lost marriage of bajapuik and money in Padang Pariaman. The research used is a sociological juridical approach that is analytically descriptive in nature, namely examining the reality of marriage law that applies in society. Sources of data used are primary data and secondary data. This research was conducted in 4 different places.]]>
<![CDATA[Pendaftaran Tanah Jalan Umum Sebagai Aset Publik di Kota Pariaman ]]>
<![CDATA[Fara Ditha]]>;
<![CDATA[Kurnia Warman]]>;
<![CDATA[Hengki Andora]]>
<![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.v6i1.981
<![CDATA[Public road land is a public asset whose control lies with the state. In accordance with Article 9 paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration, registration of land whose object is state land is carried out by recording the plot of land in the land register. The State Finance Law and the State Treasury Law provide a different understanding. The central and regional governments are required to certify all land they control without distinguishing between private domains or public domains attached to the objects being registered, so that control over public road land which should belong to the state, changes to the property of a government agency. The research method used is a normative empirical approach which is descriptive qualitative in nature. The results and discussion show that the basis for consideration by the Pariaman City Regional Government for registering public road land is based on Pariaman City Regional Regulation Number 14 of 2017 concerning Management of Regional Property and Pariaman Mayor Regulation Number 58 of 2019 concerning Technical Instructions for Management of Regional Property which was born from a KPK Instruction . Initially, the status of public road land in land administration was state land (TN), but because it was registered in KIB A, the status changed to Hak Pakai (P). The process for registering public road land is the same as registering land for government agencies whose objects are used to carry out the duties of the government agency concerned.]]>
<![CDATA[Perlindungan HAM Dari Perbudakan Modern Bagi ABK Indonesia di Kabupaten Tegal (Studi Pada ABK yang Tergabung Di Komunitas INFISA) ]]>
<![CDATA[Satriya Aldi Putrazta]]>;
<![CDATA[Caesar Dimas Edwinarta]]>;
<![CDATA[Annas Rasid Musthafa]]>;
<![CDATA[Nur Alifia Fitriani]]>;
<![CDATA[Dzakirah Najyala Fakhirani El-difra]]>
<![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.v6i1.982
<![CDATA[The protection of human rights for crew of vessels, which is one of the professions in the seafaring and maritime sector, has become an urgency after the increasing cases of modern slavery in Indonesia. Therefore, this research will examine the implementation and optimization of human rights protection for Indonesian crew of vessels, especially those from Tegal Regency. This research uses an empirical legal research method using a descriptive qualitative approach to examine the problems and strategies for optimizing human rights protection for Indonesian crew of vessels. Based on the results of this research, it explains that the practice of modern slavery that often occurs with Indonesian crew of vessels includes exploitation of workers by forcing them to work for 18 hours or more a day, inadequate work wages, a workplace atmosphere that is not conducive, and a lack of supporting facilities for the comfort and welfare of workers. In addition, there are other findings that explain that the protection of the human rights of crew of vessels is regulated in Indonesian legislation and international conventions that have obliged all levels of society to participate in providing human rights protection to Indonesian crew of vessels.]]>
<![CDATA[Pembatalan Sertifikat Pelatihan Peningkatan Kualitas Jabatan Notaris Sebagai Syarat Pengangkatan Notaris (Studi Putusan Mahkamah Agung Nomor3P/HUM/2022) ]]>
<![CDATA[Indah Delima Fitrah]]>;
<![CDATA[Busyra Azheri]]>;
<![CDATA[Wetria Fauzi]]>
<![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.v6i1.983
<![CDATA[Through Supreme Court Decision Number 3 P/HUM/2022, the request for judicial review of Article 2 paragraph (3) letter of Minister of Law and Human Rights Regulation Number 19 of 2019 was granted, which implied canceling one of the conditions for appointing a Notary, namely a photocopy of the Quality Improvement Training certificate Notary Position. The research method used is normative juridical, with a case approach. The results of the author's findings are that the Supreme Court thinks that legal norms which have been tested and declared to conflict with higher laws and regulations and declared to have no binding legal force, may not be re-published in a regulation. After the Supreme Court Decision Number 3 P/HUM/2022, the process of appointing Notaries in 2022 still uses reference to Article 2 of the Regulation of the Minister of Law and Human Rights Number 19 of 2019 as a whole, including Training to Improve the Quality of Notary Positions as a condition for appointing Notaries. So, prospective Notaries who have completed all the requirements other than Training to Improve the Quality of Notary Positions, cannot apply for appointment.]]>
<![CDATA[Efektivitas Aturan Penggunaan Produk dalam Negeri pada Pengadaan Barang/Jasa Pemerintah ]]>
<![CDATA[Wawan Zulmawan]]>
<![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.v6i1.984
<![CDATA[Various regulations for the use of Domestic Products have existed since 2014, but implementation in the procurement of goods/services has not run optimally, at least until the end of 2022. Through empirical normative legal research, a study was conducted on the rules for using the Domestic Product. Referring to Lawrence M. Friedman's theory of legal effectiveness, it is known that the cause of the ineffectiveness of this rules is due to the low understanding of legal substance due to the lack of socialization of the rules, the legal structure in the form of P3DN Teams that have not been formed in many government agencies, and the legal culture is still seen as a culture of apathy due to a lack of understanding of the rules. Therefore, in addition to imposing strict sanctions, the existence of Presidential Instruction number 2 of 2022 concerning Accelerating the Increase in the Use of Domestic Products and Products of Micro, Small Enterprises and Cooperatives in the Context of Succeeding the Proud Made in Indonesia National Movement in the Implementation of Government Goods/Services Procurement on the 30th March 2022, is expected to force the use of Domestic Products in procuring goods/services in government.]]>
<![CDATA[Perlindungan Pekerja Anak sebagai Anak Buah Kapal (Studi Anak Buah Kapal Nelayan Juragan di Teluk Kabung Tengah Bungus) ]]>
<![CDATA[Nora Aisa]]>;
<![CDATA[Khairani Lubis]]>;
<![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.v6i1.985
<![CDATA[Child labor is a child who does any type of work that has a nature or intensity that can interfere with education, endanger safety, health and growth and development can be classified as child labor. The prohibition to employ children is contained in Article 68 of Law Number 13 of 2003 concerning Manpower which regulates the prohibition of employers employing children. However, the fact is that there are many child laborers, one of which is child labor as crew members in Teluk Kabung Tengah Bungus. The prohibition of working for children is intended to provide protection for children, child protection is all activities to ensure and protect children and their rights so that they can live, grow, develop, and participate optimally in accordance with the dignity of humanity, and receive protection from violence and discrimination. The problems in this study are (1); How is the protection of child laborers as crew members in Teluk Kabung Tengah Bungus (2); What are the factors that cause the existence of underage crew members employed in Teluk Kabung Tengah Bungus. This research is a type of empirical normative research that uses secondary data (literature) and is supported by primary data based on field research, such as observations, interviews, and surveys. Based on the results of the research, it can be described that the legal protection system for child laborers as crew members has not been implemented in accordance with the law.]]>
<![CDATA[Tinjauan Sosiologis Terhadap Pembagian Hak Waris Tanah Menurut Hukum Waris Adat Toraja Pa’ Rinding di Lembang Batualu Kecamatan Sangalla’ Selatan ]]>
<![CDATA[Marchelina Rante]]>;
<![CDATA[Yulianus M. Rombeallo]]>
<![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.v6i1.988
<![CDATA[In the customary inheritance division in Lembang Batualu, South Sangalla' Subdistrict, it is known as Pa' Rinding, which is the distribution of inheritance based on the number of buffalo or pig sacrifices made by the heirs when the deceased passes away. In the Pa' Rinding inheritance division, the rights of other heirs can be forfeited, meaning that inheritance rights are transferred only to specific individuals. Despite the modern times, such rules are still applied and firmly upheld by some Toraja communities. Additionally, the rules and procedures in the Ma' Rinding process are not clearly defined within the inheritance laws of the Indonesian Civil Code (KUH Perdata). The research method employed in this study is empirical juridical, which examines the applicable legal provisions and their practical application in society. The research findings confirm that the procedure for the transfer of inheritance rights in Pa' Rinding is within the inheritance legal system used in Lembang Batualu, South Sangalla'. The transfer of inheritance rights occurs after the death of an individual who possessed assets and heirs. Furthermore, Pa' Rinding is intertwined with the rambu solo’ ceremony (funeral ceremony), where there are provisions for the heirs to make sacrifices of buffalo or pigs during the rambu solo' ceremony. These sacrifices serve as the basis for the subsequent heirs to manage the deceased's estate. The limitations on the assets that can be distributed to the heirs in the Pa' Rinding process in Lembang Batualu, South Sangalla', are based on the nature of the assets. Only the assets that were the livelihood of the deceased can be distributed through Pa' Rinding, while ancestral property or tongkonan land, which is communal property, cannot be divided further.]]>
<![CDATA[Urgensi Pembaruan Hukum Perlindungan Konsumen dengan Pembentukan Pengadilan Khusus sebagai Upaya Pemenuhan Akses terhadap Keadilan bagi Konsumen ]]>
<![CDATA[Yuyut Prayuti]]>
<![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.v6i1.989
<![CDATA[Legal protection for Indonesian citizens, especially consumers, is vital for Indonesia's legal progress. The complexity of consumer protection has grown due to the multitude of products, services, and transaction systems. Globalization has led to increased competition, cross-border investments, international trade, and greater global economic interdependence. Despite consumer rights granted by the GCPL Law, such as the freedom to choose dispute resolution methods, it hasn't ensured easy access or legal certainty. This research proposes a solution, suggesting the creation of a specialized court to address intricate consumer disputes, ensuring access to justice. The research method employed is normative juridical, and it concludes that the GCPL lacks explicit regulations on dispute resolution methods. This is evident through BPSK's inconsistent position, the possibility of objecting to BPSK decisions, and the limitless compensation claims handled by BPSK. Establishing a dedicated consumer court is essential to bolster consumer protection, improve access to legal assistance, and fortify the legal framework for safeguarding consumer rights. Consequently, an amendment to Law No. 8/1999 on consumer protection is needed to establish a Special Consumer Court responsible for deciding consumer disputes through litigation.]]>
<![CDATA[Pendaftaran Akta Wasiat Ke Pusat Daftar Wasiat oleh Notaris di Kota Padang ]]>
<![CDATA[Devia Rahma Pratisa]]>;
<![CDATA[Azmi Fendri]]>;
<![CDATA[Syofiarti Syofiarti]]>
<![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.v6i1.990
<![CDATA[Registration of a will at the will registration center by an online notary in the city of Padang is a notary's obligation as regulated in article 16 paragraph 1 letter j UUJN, whether there is a will or not, a notary is still obliged to register the will within the first 5 (five) days of every week. the following month, as for notaries in the city of Padang who do not register a register of wills or a register of zero wills caused by the notary's negligence, this can cause losses to third parties or heirs, besides that the notary has also been deemed negligent in his obligations as regulated in the UUJN. This study proposes a formulation of the problem, namely: 1. What is the urgency of registering a will at the center of the testament register by a notary in the city of Padang? 2. How is the practice of registering a will at the center of the register of wills by a notary in the city of Padang? 3. How is the supervision of the notary's obligation to register a will at the testament register center in the city of Padang? This study uses a juridical-empirical approach.The research results show that: 1. The urgency of registering a will deed is apart from the notary's obligations in article 16 paragraph 1 letter j UUJN, registration of a will is very important because if the will deed is not registered, the notary in his SKW will not be able to calculate the distribution of the heirs, the notary will experience difficulties when making the APHW so that the recipient of the will will experience difficulties in obtaining inheritance rights, therefore the inheritance returns to ab intestate inheritance so that the recipient of the will in the SKW cannot be named 2. The process of implementing will registration according to several notaries in the city of Padang is in accordance with applicable laws and regulations, namely Ministry of Law and Human Rights Regulation No. 60 of 2016 concerning Procedures for Reporting Wills and Applications for Electronic Issuance of Will Certificates.The notary no longer sends a physical list manually as proof of a report regarding a will that has been made, the notary only needs to register to be able to enter the Director General of AHU's website and send a report regarding the will online 3. In carrying out supervision the MPD conducts an examination on the basis evaluation is then carried out coaching, during the examination if the person concerned (notary) still violates it then the MPD makes a recommendation to the MPW to be followed up on.]]>
<![CDATA[Kewenangan dan Tanggung Jawab Notaris Terhadap Akta Wasiat yang di Buat Dihadapannya di Kota Padang ]]>
<![CDATA[Salma Hayaturrahmi]]>;
<![CDATA[Azmi Fendri]]>;
<![CDATA[M Hasbi]]>
<![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.v6i1.991
<![CDATA[A will is a ideed that contains a person's statement about what he wants to happen after he dies, and which can be revoked by him. Notary as a public official is given by laws and regulations the authority to make all agreements and deeds as well as what is desired by those concerned. One of the powers of a notary is to make a deed relating to a will, this is in accordance with the provisions in Article 16 paragraph (1) letter j and k of the Notary Office Law. This study proposes the formulation of the problem, namely: 1 What is the authority of a notary regarding a will made before him in the city of Padang? 2. What are the notary's obligations regarding the will made before him in the city of Padang? 3. What is the form of the Notary's responsibility for the will made before him in the icity of Padang? This research uses a juridical-empirical approach. The results of the research that has been carried out are: 1. The notary's authority over a will made before him in the city of Padang, namely the authority granted by law to a notary is to make a deed related to a will as mandated in UUJN which is related to Article 16 paragraph (1) letter i which reads: "make a list of ideeds relating to the will according to the order in which the deed was drawn up every month". A will includes a deed drawn up before a notary. A will made directly before a notary is a public will or open will. In this case, the party who wants to make a will comes personally before the notary and states his will. Furthermore, the notary makes the will desired by the person facing it. 2. The notary's obligation to the testamentary deed drawn up before him in the city of Padang is to notify, report and register all wills he makes to the Central List of Probates (DPW) and the Probate Court (BHP) both open wills (openbaar itestament), written wills (olographis testament) as well as a closed or secret testament. 3. Responsibilities of the Notary regarding the will made before him in the City of Padang, include the following: a.) Moral responsibility. b.) Ethical responsibility. c.) Legal responsibility (formal and material).]]>
