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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
Sanksi Pemidanaan Terhadap Pelaku Eksploitasi Seksual Anak Dibawah Umur Menurut UU TPKS Dan UUPA Dalam Kacamata Hukum Pidana Di Indonesia Sinta Wahyu Kartika; Ifahda Pratama Hapsari
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.v6i1.1061

Abstract

Eksploitasi seksual terhadap anak di Indonesia mendapatkan perhatian khusus. Para pelaku kejahatan ini harus diberikan sanksi agar mendaapkan efek jera karena tindakan ekploitasi seksual terhadap anak memberikan dampak buruk terhadap para korbannya. Artikel ini bertujuan untuk menjelaskan bagaimana sanksi pemidanaan yang diatur dalam UU TPKS dan UUPA untuk pelaku eksploitasi seks anak di bawah umur dan perlindungan hukum bagi korban pada UU TPKS dan UUPA. Metode penelitian yang penulis gunakan adalah penelitian yuridis normative. Dan kesimpulan dari penulisan artikel ini bahwa pelaku ekploitasi seksual terhadap anak sangat mengkhawatirkan untuk perkembangan masa depan anak sehingga dapat dikenakan sanksi pidana.
Legal Culture Terhadap Partisipasi Masyarakat dalam Pelaporan Pelanggaran Pemilu di Kota Makassar Lenni Lenni; Muhammad Na'afil Kamal Putra; Leni Hardiani; Ira Febrianti; Insyirah Fatihah Hidayat; Muhammad Zulfan Hakim
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.v6i1.1063

Abstract

One form of democracy in monitoring general elections by the public is by reporting election violations. Election violations from 2014 to 2019 increased by 151.3% and the discovery of violations was dominated by Bawaslu findings rather than public reporting. In the case of a decrease in reporting by the public, an analysis of legal culture, namely knowledge, awareness, and attitudes of the public, is carried out to find the factors causing the decrease in reporting. Quantitative and qualitative approaches were used in the form of questionnaires and interviews. Furthermore, a causal relationship was found between legal culture, legal substance, and legal structure so efforts are needed to improve the quality of legal substance, legal structure, and legal culture of the society to increase public participation in the 2024 General Election.
Penolakan Permohonan Perceraian Akibat Perbedaan Identitas dan Perkawinan Dianggap tidak Pernah Ada Serta Akibatnya Terhadap Anak yang Dilahirkan Monica Setiadi; Meliyana Yustikarini
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.v6i1.1064

Abstract

Divorce applications can be made if they meet the requirements for divorce. In this case, divorce that has met the requirements cannot be carried out, because there is a difference in identity in the marriage book with the Identity Card. The purpose of this study is to provide education on steps that can be taken if there is a mistaken identity in the marriage book to be able to file a divorce and the status and position of children born from the marriage. Because in this case the parties did not take any action assuming that they never entered into marriage. This certainly makes a problem because it will have an impact on the status of the couple, marital property and children born from the marriage. The result of this study is that differences in identity can be changed by the Office of Religious Affairs as stipulated in Article 37 of the Regulation of the Minister of Religious Affairs Number 20 of 2019 concerning Marriage Registration, so there is no need to remarry with their true identity and a divorce application can be submitted. Marital property in the form of joint property can be determined by each party for its share. Children born remain legitimate children because marriages that are presumed to have never existed do not apply retroactively to children born.
Constitutional Review of Covid-19 Law at Indonesia Constitutional Court Qurrata Ayuni
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.v6i1.1065

Abstract

This paper analyzes the constitutionality of Law Number 2 of 2020 concerning COVID-19 which was originally passed as emergency legislation in the form of “government regulation in lieu of law”. The COVID-19 Law reaps pros and cons because it is considered to have the potential to give birth to abuse of power in times of crisis. Grounded by final decision of The Constitutional Court, this paper raises three main issues; First, the vital role of judicial power in providing checks and balances in an emergency situation. Second, the prohibition of granting immunity to the practice of irregularities in state finances in times of crisis. Third, the need for a time limit for granting discretion caused by COVID-19 to ensure legal certainty. Through the method used, namely normative juridical, conclusions were obtained regarding the urgency of the role of the power of the Constitutional Court in Indonesia as the protector of the Constitution in the COVID-19 emergency.
Hak Atas Tanah yang Diambilalih Kembali oleh Ahli Waris dalam Transaksi Jual Beli Melalui PPAT (Studi Kasus Putusan Mahkamah Agung Nomor 890 K/Pdt/2019) Aviliani Nur Aulia; FX. Arsin Lukman
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.v6i1.1066

Abstract

The sale and purchase transaction of land rights carried out by the heirs as sellers and buyers through the Land Deed Official (PPAT) was not known by the heirs. Thus, giving rise to a lawsuit against the heirs because the land sale and purchase transaction should be able to transfer back into the hands of the heirs, but the judge's consideration rejected it because the lawsuit was blurred and the object of the dispute was unclear. As well as not in accordance with Article 1870 of the Civil Code that this is based on the lack of evidence provided by the heirs as Article 180 HIR adheres to the principle of hereditatis petition where the strength of the heirs still plays an important role as there is a legietieme portie Article 913 of the Civil Code, the second lawsuit lacks parties in the AJB transaction process by PPAT as Article 22 of PP No. 37 of 1998 concerning Regulations on the Position of Land Deed Officials This research was conducted based on quantitative methods that are descriptive quantitative methods. Thus, Decision Number 69/Pdt.G/2017/PN.NJK at the first level in this case does not explain in detail the legal grounds that resulted in the lawsuit being rejected, so that legal protection is needed for landowners of land objects who carry out the sale and purchase transaction process through PPAT with the presence of parties who participate as witnesses in the signing of land objects.
Teori Hukum tentang Pembedaan Pemaknaan Kerugian Negara dan Risiko Bisnis Kiagoos Adhimas Muhamad Adhiperwira
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.v6i1.1067

Abstract

The ambiguity of state losses and business risks occurs because there are still differences of opinion between the status of SOE financial management as state losses or business risks. The current paradigm in Indonesia occurs because there is a Constitutional Court Decision regarding State Finances for the separation of state assets, especially in SOE. The different theory is that state losses are not the same as business risks. The management of state finances has a cost basis for carrying out social services and welfare that is oriented in the realm of public administration law, the responsibility is given to the executive branch in this case the President and the Minister of Finance in order to manage state finances whose funds will come from the state budget. The oversight function of public financial management is cost-oriented to carry out public services and the welfare of its oversight function to the DPR while separated state assets have an investment basis which in the event of a loss is a business risk that needs to be reviewed from the perspective of business judgment rules which are oriented in the realm of private law. the oversight function shifted from the Minister of Finance to the Minister of SOE, this is proven by the Minister of SOE being a representative of the State as the SOE Shareholder. Meanwhile, state losses that are oriented towards criminal acts of corruption or criminal law must fulfill elements of unlawful acts, such as bribery, and abuse of office for personal gain as stipulated in Law 20/2001.
Kajian Hukum Terhadap Kedudukan Uang Koin (Logam) dalam Pengembalian Transaksi Jual Beli yang digantikan dengan Permen Liani Sari; Andi Annisa Nurlia Mamonto; Revie Kurnia Katjong; Irsan Irsan; Harry A. Tuhumury; Raykuni N. Imbiri
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.v6i1.1068

Abstract

This diversion of cash back for consumer spending often occurs in supermarkets, minimarkets and small stalls and has become a phenomenon in society, consumers are on the weak side because they accept the candy as a replacement for their cash back without any other choice. Even though this seems trivial, consumers feel uncomfortable with this action and it is possible that consumers still need their money back and not everyone likes or needs this candy. The phenomenon that occurred was consumer complaints regarding the actions of shop, supermarket and minimarket businesses who replaced their change with candy. The change that is replaced with candy is change worth hundreds of Rupiah. This often happens because the value of hundreds of dollars is considered to have little material value so consumers don't pay much attention to it. The actions of shop, supermarket and minimarket businesses who replace change with candy constitute a violation of consumer rights. Consumer rights are regulated in Law no. 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). Candy is not a legal means of payment in Indonesia. Article 2 paragraph (2) Law No. 23 of 1999 which was then changed to Law No. 3 of 2004 which was then changed again to Law No. 6 of 2009 concerning Bank Indonesia (hereinafter referred to as UUBI) states that: "Rupiah currency is a legal means of payment in the territory of the Republic of Indonesia".
Klasifikasi Layanan bagi Tamu Undangan Walimatul ‘Urs di Kecamatan Kota Nopan, Kabupaten Mandailing Natal Perspektif Hukum Keluarga Islam Lia Mukhliza; Irwan Irwan
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.v6i1.1069

Abstract

Basically, the invited guests of “Walimatul ‘Urs” must be respected and treated equally without being differentiated from the others. Distinctions may be made based on the law propriety, such as giving priority to older people than young people, but in various villages in Kota Nopan District, Mandailing Natal Regency, recently on a massive scale, the classification of invited guests based on where thr guests come from will be differentiated between local people and people from a far, this case with never applicated previously. This research attempted to investigate the background factors of community’s behavior and put the law into the perspective of Islamic Family Law. The research method used is an empirical research method with a qualitative approach.
Omnimbus Law terhadap Investasi Indonesia Laveda Epata Alexandra
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.v6i1.1070

Abstract

The Omnibus Law aims to improve Indonesia's economic competitiveness by reducing regulations and bureaucracy, cutting red tape, and simplifying business licenses. The Omnibus Law is expected to attract more foreign investment and create jobs. The Omnibus Law in terms of Job Creation will change the business and investment environment in Indonesia. This research uses two ways to conduct legal research, namely normative and sociological juridical or sociological juridical approaches. This research concludes that the Omnibus Law has the potential to attract more foreign investment, create jobs, and improve Indonesia's economic competitiveness during the post-pandemic global crisis. However, the Omnibus Law must be implemented carefully to avoid negative impacts on investment in Indonesia. It is important to note that Indonesia's regulatory problems cannot be solved simply by using the omnibus law method. Instead, the government must create policies to ensure that the regulatory system is improved systematically and continuously. One way to do this is to establish a specialized institution that involves various parties involved in the formation of laws and regulations.Investasi
Legal Protection of Importing Companies From Import Duty Exemption of Imported Goods Sold to Representatives of Foreign Countries (Study of Decision Number 1265/B/Pk/Pjk/2017) Tony Sudirgo; Wagiman Wagiman
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.v6i1.1071

Abstract

The Customs Law, in its substance, regulates matters of customs administration, which includes export and import arrangements, tariffs and customs value, exemption from import duties, procedures for payment of import duties, prohibitions and restrictions on export-import, and criminal provisions related to customs. Even though there have been precise arrangements regarding certain goods that are exempt from payable import duties, in reality, on the ground, there are still disputes regarding import duties between business actors as importers and the Directorate General of Customs and Excise as executors of customs affairs for imported goods. This study discusses how the implementation of import duty exemption procedures by the Directorate General of Customs and Excise (DJBC) applies to imported goods belonging to Representatives of Foreign Countries, in this case, the British Embassy in Indonesia, carried out by PT. Toyota Astra Motor as an agent for motorized vehicles today and how the exemption procedure for imported goods belonging to foreign representatives in Indonesia should be by the Decree of the Minister of Finance Number 90/KMK.04/2002 concerning Procedures for Granting Import Duty and Excise Exemption on Goods of Representatives of Foreign Countries and The official. This research is a normative legal research that uses secondary data as a source. The secondary data sources consist of laws and regulations, books, journals, records, and others, which can be obtained through library research and analyzed using qualitative data analysis methods. This study found the exemption procedures related to import duties and excise by the Directorate General of Customs and Excise according to the current Indonesian legal regulations for goods transactions between the British Embassy in Indonesia and PT. Toyota Astra Motor, a motor vehicle agent legal entity in Indonesia, has a rigid flow that can cause losses to one of the parties in its implementation. On this basis, it is necessary to amend the procedure for the exemption of import duty and excise in Indonesian legal regulations and clarify the meaning of exemption and return to provide benefits to both parties. These advantages include PT. Toyota Astra Motor, as the Seller, gets a refund of the import duties that have been paid previously. In this case, the British Embassy can get the goods from the sale and purchase quickly without waiting for the delivery process.

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