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[Strategi Peningkatan Keamanan Ruang Udara Indonesia di Era Digital Dalam Perspektif Hukum ]]>
<![CDATA[Aniek Periani]]>;
<![CDATA[Agoes Djatmiko]]>;
<![CDATA[Haris Kusumawardana]]>
<![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.v6i1.1086
<![CDATA[Every country in the world cannot avoid the unstoppable development of technology in the digital era. As is the case in the security sector, especially in the air space area. The purpose of this writing is to provide a reference for the Indonesian government to improve the security of Indonesian air space in the digital era through legal regulations. The research method uses a positive legal approach, namely the method or method used to obtain the law that applies at a certain time and place. Obstacles arising from law enforcement in Indonesia in implementing security in Indonesian airspace are due to the incompatibility of existing legal regulations with technology developing in the current era. So it is appropriate to make efforts to update legal regulations to align with the development of aerospace technology.]]>
<![CDATA[Akibat Hukum dari Perjanjian yang Dibuat dengan Tanggal Mundur (Back Date) ]]>
<![CDATA[Moses Nathanael]]>;
<![CDATA[Benny Djaja]]>
<![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.v6i1.1087
<![CDATA[Back date agreement is an agreement made to accommodate past legal actions. The back date agreement is basically made based on the agreement of the parties so that it generally does not cause harm to the parties. Problems arise if this back date agreement is made in the form of an authentic deed, this is because Article 16 paragraph (1) letter m of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions states that: In carrying out his position, the Notary is obliged to: read the deed before an appearance in the presence of at least 2 (two) witnesses, or 4 (four) witnesses specifically for the making of an underhand will, and signed at the same time by the appearer, witness, and Notary." The results of this study indicate that agreements made on a back date, both in the form of oral agreements, underhand deeds, and authentic deeds, basically have fulfilled the legal requirements of the agreement as referred to in Article 1320 of the Civil Code, so that it has legal.]]>
<![CDATA[Penetapan Honorarium Notaris dalam Pembuatan Akta di Kota Pariaman ]]>
<![CDATA[Raji Saputra]]>;
<![CDATA[Azmi Fendri]]>;
<![CDATA[Delfiyanti Delfiyanti]]>
<![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.v6i1.1088
<![CDATA[The violation of the Code of Ethics that occurred in Pariman City was caused by the Notary's actions which were not in accordance with the Regulations on the Notary's Office and the Notary's Code of Ethics. Meanwhile, the violation of the Code of Ethics in Pariaman City was the determination of the Notary's Honorarium which was below the stipulated standards. determine the UUJN and the Notary's Code of Ethics, with this the Notary concerned has violated article 36 UUJN No. 2 of 2014 and the Notary's Code of Ethics in article 4 paragraph 10. Implementation of determining the Notary's honorarium in making deeds in the city of Pariaman. The honorarium received by Notaries in Pariaman was a violation of the Code of Ethics which violated Article 4 paragraph 10 of the 2015 Notary Code of Ethics. according to its authority. Up to Rp. 100,000,000.00 the maximum honorarium received is 2.5%, then above Rp. 100,000,000.00 - Rp. 1,000,000,000.00 one billion the maximum honorarium received is 1.5%, above Rp. 000,000,000.00 honorarium received is based on an agreement between the Notary and the parties, but does not exceed 1% according to the object for which the deed is made. The honorarium received by Notaries in Pariaman was a violation of the Code of Ethics which violated Article 4 paragraph 10 of the 2015 Notary Code of Ethics which resulted in the Notary concerned committing a violation, for several reasons, namely because the client was incapable and there was a mutually acquainted relationship between the client and the Notary concerned. Supervision by the Notary organization in determining the Notary's honorarium in connection with the making of deeds in the city of Pariaman. Supervision from the Indonesian Notary Association (I.N.I) on the behavior and actions of Notaries in Pariaman so that unhealthy competition does not arise through the determination of Notary Supervision to differentiate between the behavior and actions carried out by Notaries in carrying out their positions by the Supervisory Council.]]>
<![CDATA[Polemik Naiknya Biaya Perjalanan Haji di Indonesia Tahun 2023 di Tinjau dari Siyasah Maliyah ]]>
<![CDATA[Muhammad Rizki Aulia Siregar]]>;
<![CDATA[Syafruddin Syam]]>
<![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.v6i1.1089
<![CDATA[The pilgrimage is mandatory for Muslims who are able to carry it out. In Indonesia, Hajj travel costs are managed by the Hajj Financial Management Agency. The cost of organizing the Hajj pilgrimage always experiences adjustments from time to time in line with changes in economic conditions in Indonesia and the world. The aim of this research is to determine the causes and factors of the increase in the cost of the Hajj pilgrimage which has caused polemics in society and is reviewed from the Maliyah siyasah. This can be seen from external factors, namely movements in world oil prices, the rupiah exchange rate which can influence the determination of Hajj Organizing Fees in Indonesia. This research uses a qualitative method with a research approach and analysis of facts in the field. The author found that the increase in the price of aircraft oil (avtur and avgas) and the exchange rate (rupiah to US dollar) can influence the determination of Hajj Organizing Fees. The role of the Hajj financial management body here is very central because all Hajj finances are managed by this institution. The benefits of Hajj financial funds must be felt by all prospective pilgrims who have registered themselves to carry out the Hajj pilgrimage.]]>
<![CDATA[Peran Pembimbing Kemasyarakatan dalam Pembimbingan Klien Lansia di Balai Pemasyarakatan Kelas II Pati ]]>
<![CDATA[Aji Darma Agus Awibowo]]>;
<![CDATA[Iskandar Wibawa]]>
<![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.v6i1.1090
<![CDATA[Guidance is one of the tasks of social counselors with the aim that correctional clients become better human beings and not repeat their actions again, the implementation of mentoring for elderly clients certainly cannot be equated with the implementation of counseling for children and adult clients. This study aims to determine the role of social counselors of Bapas Class II Pati in carrying out guidance and supervision of elderly clients. This research was conducted with the main subject being the implementation of mentoring carried out by the social counselor of the Batch Class II Pati. The method used in this study is empirical juridical with data sources used by researchers are primary data supported by secondary data sources. Primary data collection techniques obtained through interviews and observation, and for secondary data obtained from the results of literature studies. Data analysis used by researchers using qualitative data analysis techniques. Based on the results of the research and discussion that has been carried out, it is clear that the Bapas Pati Community Counselor has carried out effective mentoring even though the implementation is constrained by a large work area. So that some elderly clients find it difficult to carry out the obligation to report every month.]]>
<![CDATA[Upaya Penanggulangan Pelecehan Seksual Terhadap Anak Pada Masa Pandemi Covid-19 di Pekanbaru ]]>
<![CDATA[Heni Susanti]]>;
<![CDATA[Adip Humaidi]]>
<![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.v6i1.1091
<![CDATA[This study aims to determine the implementation of the investigation carried out by the PPA Unit of the Riau Police of Pekanbaru during the Covid-19 Pandemic in the crime of sexual abuse of children and the efforts made by the PPA Unit of the Riau Police of Pekanbaru during the Covid-19 Pandemic in tackling the crime of sexual harassment. against children. This type of research uses empirical legal research methods carried out by the PPA Unit of the Riau Police Pekanbaru. The data obtained is primary data by using interview techniques with the head of the PPA Unit Polda Riau Pekanbaru. The data obtained were analyzed qualitatively using deductive methods, and then presented descriptively. The results of the research obtained are that the investigation carried out by the PPA Unit of the Riau Police of Pekanbaru in the crime of sexual abuse of children during the Covid-19 Pandemic is by conducting an investigation in accordance with applicable legal rules and carried out with the principle of systematic law enforcement. In addition to this, the PPA Unit of the Riau Police of Pekanbaru coordinates and cooperates in investigations with several relevant stakeholders with criminal acts of sexual abuse against children during the Covid-19 Pandemic. With the efforts made by the PPA Unit Polda Riau Pekanbaru in tackling the crime of sexual abuse against children is a preemptive effort, namely by giving an appeal with an approach to the community against the dangers that arise in sexual abuse of children. The next effort is a preventive effort by means of supervision and prevention by conducting routine patrols during the day and also at night by collecting data, and the last effort is a repressive effort by means of law enforcement related to the crime of sexual abuse of children.]]>
<![CDATA[Pelaksanaan Penelitian Kemasyarakatan (Litmas) Dalam Perkara Anak Berkonflik Dengan Hukum Di Bapas Pati ]]>
<![CDATA[Claodia Narasindhi]]>;
<![CDATA[Iskandar Wibawa]]>
<![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.v6i1.1092
<![CDATA[Children are the successors of the life of society and the state as the next generation of the nation. Therefore, the criminal justice process for children does not merely look for proof of wrongdoing committed by the child. However, in this process there needs to be a study of the factors that cause a child to commit a criminal act. UU No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) is one of the bases that regulates special treatment or actions that must be given to children who conflict with the law. The community research reports (LITMAS) are an important instrument in the juvenile criminal justice system. All activities of law enforcement officers carried out in the context of juvenile justice must be based on the welfare of the child and the interests of the child. The aim of juvenile justice cannot be separated from the main aim of realizing children's welfare which is basically an integral part of social welfare. The juvenile justice process, from the investigation process to the imposition of sanctions and placement in correctional institutions, must consider the Community Research Report (LITMAS)]]>
<![CDATA[Tinjauan Yuridis Terhadap Penjualan Tanah pada Pihak Penjual Sedang dalam Masa Tahanan ]]>
<![CDATA[Audivna Putri Fadilla Wata]]>;
<![CDATA[Mas Anienda Tien Fitriyah]]>
<![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.v6i1.1093
<![CDATA[The purpose of this study is to examine the skills of the seller who is currently in detention in making a sale and purchase deed, the validity of the sale and purchase deed if the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials in the form of reading the deed are not fulfilled and how it is implemented Article 22 Government Regulation Number 37 of 1998 concerning the Position Regulations for Land Deed Officials in the field. This study uses empirical juridical legal research methods, which examines the applicable legal provisions and what actually happens in society. The results of the study show that the seller who is currently in detention is legally competent to make a Sale and Purchase Deed as long as he is an adult and not under the supervision of another person. A sale and purchase deed is valid as long as it complies with Article 1320 of the Civil Code, although it does not comply with the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Officials Making Land Deeds in the form of not being read out first by the PPAT before being signed by the parties. Implementation of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Officials for Making Land Deeds in the form of reading the deed before signing can be done through a Power of Attorney or direct signing to the Penitentiary. Thus, even though one of the parties is currently under detention in this case the seller, the provisions of Article 22 PP Number 37 of 1998 concerning PPAT Position Regulations will still be fulfilled, not eliminating or violating the provisions of Article 22 PP Number 37 of 1998 concerning Regulations for the Position of Making Officials Land certificate.]]>
<![CDATA[Analisis Akibat Hukum dari Pengabulan Izin Poligami oleh Hakim Dengan Dalil Istri Tidak Dapat Melahirkan Keturunan Yang Tidak Disertai Surat Keterangan ]]>
<![CDATA[Muhammad Rullie Febian Rangkuti]]>;
<![CDATA[Hanafi Tanawijaya]]>
<![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.v6i1.1094
<![CDATA[Polygamy is a legal action where a husband marries more than one woman in a marriage, which is done by submitting a request to the court in his domicile. Polygamy has several conditions to be carried out, one of which is to include a certificate that the wife has a condition that makes it impossible for her to bear children. In the decision on petition 635/Pdt.G/2023/PA.JT the judge granted the petitioner's request to practice polygamy but was not accompanied by a certificate stating that the wife could not bear children, thus causing legal uncertainty in submitting a polygamy application.]]>
<![CDATA[Putusan Hatobangon Tentang Sanksi Ingkar Janji untuk Menikah Perspektif ‘Urf (Studi Kasus di Desa Pasar Simundol Kec. Dolok Sigompulon) ]]>
<![CDATA[Siti Aisah Aritonang]]>;
<![CDATA[Zainal Arifin Purba]]>
<![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.v6i1.1095
<![CDATA[Hatobangon in the Mandailing region is called natoras, meaning the core figures in the community who are appointed by several people in each huta. Hatobangon acts as an advisor concerned with matters of Batak customary life. The focus of this research leads to how the hatobangon pattern in establishing the sanction of breaking a promise to marry as a new case and the review of Islamic law regarding the sanction. This research was conducted based on field research, data needed in the community environment and emphasized the results of data collection from informants. To understand this research, the author uses a conceptual approach, namely the concept of hatobangon in determining sanctions and their conformity with Islamic law, then examining the case (case approach). The sanction of denial of jani in a customary manner (custom) that applies in community life as long as it does not contradict the teachings and rules of Islam, then the custom is permissible. The position of customary law ('urf) according to the provisions of Islamic fiqh, is allowed which is shahih or al-'adah ashahihah, i.e. 'urf which does not contradict Islamic law. The problem of custom, in fiqh analysis is related to the concept of benefit (maslahah mursalah). Benefits that are common and may not yet apply, even things that will be enforced. Regarding al-a'dah ashahihah this gives rise to the rule of "al-'adatu muhakkamah" (Customs can be made law). Adat is one of the elements considered in establishing a law, the appreciation of Islamic law for adat is a breakthrough for customary law which becomes law recognized by Islamic law. The establishment of sanctions for breaking promises to marry in Pasar Simundol village is a new breakthrough to educate local youths to love themselves more and maintain a more positive social quality. It is hoped that in the future Hatobangon or the local community will propose and set a fixed nominal sanction so that there will be no objections to one particular party, and there will be no comparison between one case and another in the future to achieve welfare and peace in the lives of the people in Pasar Simundol village.]]>
