cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
Journal Mail Official
editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
Location
Kota padang,
Sumatera barat
INDONESIA
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
 27   28   29   30   31 
Search results for , issue "Vol. 6 No. 1 (2023)" : 744 Documents clear
Penerapan dalam Praktik Pembuatan Perjanjian Perkawinan Untuk Perkawinan Campuran Tanti Nur Ainun Azizah; Mia Hadiati
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.v6i1.1096

Abstract

Humans are basically created in pairs to carry out daily life activities, therefore humans are referred to as social beings who need the help of others in carrying out an action. For the sake of the realization of forming a harmonious and happy family, it must go through a marriage bond. Indonesia adheres to written law, in which a marriage can take place must meet the requirements for a valid marriage contained in the Marriage Law, namely Law Number 1 of 1974. If marriage has been carried out, it will have legal consequences between husband and wife, namely one of them regarding the existence of a mixture of assets obtained during the marriage. The problems that arise at the time of marriage are not least about the mixing of these assets, in this case to avoid problems that arise later on, husband and wife couples can make a marriage agreement, especially for those who are married to foreign nationals. The form of the marriage agreement in ordinary society is still unclear whether it has to be with a notary deed or just underhanded, where this becomes an uncertainty about the form of the marriage agreement and its legal consequences. The purpose of this research is to provide an insight for the community so that they are no longer wrong in making a marriage agreement and to find out how the position of the marriage agreement itself is. This research method uses normative juridical by analyzing legislation, then a conclusion can be drawn: marriage agreements should still be carried out using a notarial deed where to prove it when a dispute occurs it can be perfectly proven and the authenticity of the identity of the parties who made it is clear.
Legal Certainty of Creditor's Rights in The Fiduciary Agreement William Sudassi Akanittha Pranoto; Gatot P. Soemartono
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.v6i1.1097

Abstract

Fiduciary guarantee agreements have a unique characteristic called executorial rights, namely the right to execute the same collateral object as a court decision. Executorial Rights provide creditors with protection rights against receiving payments from debtors. The existence of executorial rights was lost because of the Constitutional Court's decision regarding the meaning of executorial rights that the debtor must agree to the occurrence of a breach of contract. This problem has changed the essence of fiduciary guarantees. Therefore, it is necessary to examine the legal certainty regarding the meaning of executorial rights in Constitutional Court Decisions and how to finalize agreements with creditors to ensure the return of their rights is guaranteed. This research was carried out using a normative method with deductive specifications, namely analyzing general-specific matters, aiming to find out about the legal certainty of the executorial rights owned by creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019 and Number 2/ PUU-XIX/2021. The conclusion of this research shows that the Constitutional Court's decision has had a negative impact on fiduciary guarantees in Indonesia. Protection of creditors' rights is reduced and executorial rights become difficult to implement. Parties wishing to enter into a fiduciary agreement must pay attention to the provisions and draw up the agreement carefully, meticulously and in detail to maximize the rights of creditors if a breach of contract occurs during the implementation of the agreement.
Penegakan Hukum Animal Abuse dan Peningkatan Kesejahteraan Hewan di Kota Makassar Melalui Veteriner Forensik Ira Febrianti; Muhammad Ramadhansyah Prasetia; Nurfadilla Nurfadilla; Salsabila Aulia Ramadhan; Ahmad Rayhan Putra Hasrun; Muhammad Djaelani Prasetya
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.v6i1.1098

Abstract

Animal welfare is proven by fulfilling the 5 principles of animal freedom or five freedoms, namely freedom from hunger and thirst, from discomfort, from pain, injury, or disease, freedom to express normal behavior, and freedom from fear and distress. This research focuses on dogs and cats because in line with cases that occurred in Makassar City, these two animals are often victims of violence. The research aims to describe the public's perception in Makassar City regarding animal welfare, the police's perception of forensic veterinary, the application of forensic veterinary as a law enforcement tool, as well as solutions for implementing forensic veterinary to protect animal rights in Makassar City. This research uses a mixed method with a Sequential Explanatory approach model. The first research used quantitative methods to answer the first to third problem formulations and qualitative methods to answer the fourth problem formulation. Data analysis using quantitative methods through descriptive analysis using the SPSS application. Meanwhile, qualitative data analysis involves reducing the data to concluding. The research results show that public knowledge regarding animal welfare is very low and police investigators' knowledge of veterinary forensics is quite good, but not yet in line with its implementation. Therefore, veterinary forensics is present as an effort to enforce the law against acts of animal violence in realizing animal welfare in the city of Makassar.
Perlindungan Hukum Terhadap Notaris dalam Proses Penyidikan Perkara Pidana Terkait Akta Otentik (Studi Kasus Putusan Pengadilan Tata Usaha Negara Tanjungpinang Nomor 13/G/2018/PTUN-TPI) Berliana Suzeta; Ismansyah Ismansyah; Yasniwati Yasniwati
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.v6i1.1099

Abstract

In Carrying out his position, a Notary has the potential to be involved in legal cases, including criminal law cases, which result in him having to be examined by investigators, public prosecutors and judges. Based on Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the position of Notary, the examination of a Notary is carried out with the approval of the Notary honorary council. Basically this approval is necessary because to protect the Notary from breaches of disclosing the secret of the deed and to protect the Notary’s own deed so that it remains confidential. To review and analyze this research, the authors used the statutory approach and the conceptual approach. The results of the study show that the rules for summoning a Notary by an investigator are related to a Notary deed that has an indication of a criminal act regulated in Article 66 paragraph (1) of Law Number 2 of 2014 and Permenkumham Number 17 of 2021. Notary summons by an investigator must have the approval of the assembly honorary regional Notary. The procedures are: First, the investigator submits a letter of request for summons of a Notary to the regional Notary honorary council; Second, the regional Notary honorary council forms the examining council; Third, the examining council conducts an examination of the Notary; Fourth, the examining council submits a report to the head of the regional Notary honorary council; Fifth, the regional Notary honorary council provides answers regarding giving approval or refusing. Notaries in providing legal services to the public need to get legal protection and guarantees from the state, in this case through the regional Notary honorary council. The legal protection in question is that investigators may not immediately summon or examine a Notary, without prior approval from the regional Notary honorary council. If the investigator commits the violation, then the investigator’s actions can be categorized as an act that violates the law, so that the summons or examination carried out by the investigator has been procedurally flawed.
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Korupsi Yang Dilakukan Oleh Banyak Orang Pada Kasus Putusan Nomor 6/Pid.Sus.TPK/2023/PT.Pdg Vananda Putra; Elwi Danil; Aria Zurnetti
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.v6i1.1100

Abstract

The rise of criminal acts of corruption in Indonesia, and the very dangerous impacts they cause, can even destroy the socio-cultural, political, moral and legal pillars of national security, so in reality overcoming these disgraceful acts must be done in extraordinary ways, So it is appropriate to say that criminal acts of corruption are included in extraordinary crimes. No. Corruption is often committed jointly, criminal law already regulates criminal acts of joint conduct or what is called participation (deelneming). However, often in proving criminal acts of corruption, the prosecutor does not develop the existence of other perpetrators who can be held accountable. The problems in this research are 1) What is the form of error and criminal responsibility of each perpetrator in criminal acts of corruption committed by many people (Case Study Decision Number 6/Pid.Sus.TPK/2023/PT.Pdg 2) How is the Evidence in the Case Corruption committed by many people in Decision Number 6/Pid.Sus.TPK/2023/PT.Pdg. 3) What are the considerations of the Panel of Judges in Decision Number 6/Pid.Sus.TPK/2023/PT.Pdg? This type of research is normative juridical research, using a statutory and conceptual approach, with primary and secondary data collection techniques. Based on the results of research and discussion, the concept of criminal acts committed jointly in corruption crimes is if the criminal act of corruption is committed by more than one person or two more people who together have the intention or desire for the act to be carried out. The conclusion of this research is that the decision of the Padang High Court is correct, because it strengthens the decision of the Corruption Crime Court at the Padang District Court Number 46/Pid.Sus-TPK/2023/PN.Pdg, but the responsibility of other perpetrators who participated in the crime corruption in this case, still not held accountable.
Pelaksanaan Asimilasi Narapidana dalam Rangka Pencegahan dan Penanggulangan Penyebaran Covid-19 di Wilayah Hukum Lembaga Pemasyarakatan Kelas IIA Padang Indah Ikhwan; Elwi Danil; Fadillah Sabri
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.v6i1.1101

Abstract

The government implemented the policy to prevent the Covid-19 virus in correctional institutions by issuing Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 32 of 2020 concerning Requirements for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Controlling the Spread of Covid-19 which was later changed to Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 43 of 2021 concerning the Second Amendment to the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 32 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Controlling the Spread of Covid-19 . The existence of this policy of providing home assimilation has become a social controversy in society because of the repetition of criminal acts committed by prisoners while undergoing the home assimilation program. The research method used is empirical juridical. This research utilizes primary data and secondary data. The results of the research show that the implementation of home assimilation is in accordance with the applicable SOP, although there are still those who repeat criminal acts which cause their home assimilation to be revoked. Implementing home assimilation is one way to reduce overcapacity in correctional institutions. Supervision of the implementation of home assimilation is carried out by visiting clients' homes, via telephone and video calls. In implementing home assimilation, the obstacles faced are influenced by five factors in law enforcement.
Tradisi Mangompa Manuk dalam Pesta Adat Pernikahan Masyarakat Mandailing Natal Perspektif Urf Lisca Anggina Nst; 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.v6i1.1102

Abstract

The tradition of Mangompa Manuk at wedding ceremony in the Mandailing Natal community has been a tradition passed down from generation to generation. Indigenous people regard that if they do not carry out this tradition, their marriage is invalid. The aim of this research is to determine the customs and traditions of Mangompa Manuk in carrying out weddings in Gunung Tua Village, Panyabungan District, Mandailing Natal Regency. Beside that, it aims to find out how the mangompa manuk tradition began, the purpose of mangompa manuk and why it still develops in the middle of Gunung Tua Village’s civilations, Panyabungan District, Mandailing Natal Regency and how about the society’s view if they don’t carry out this tradition, what are their motives when carrying out the mangompa manuk tradition, how is mangompa manuk tradition in the urf perspectife, is it appropriate with islamic law? or whether it is contrary to islamic law. The method of research is qualitative method that used to produced descriptive data in the Form, of written or spoken words from traditional figures, such as Hatobangan, traditional society, Religious Leaders, Muhammadiyah, figures and head MUI in Gunung Tua Village, Panyabungan district, Mandailing Natal Regency.
Penilaian Kinerja Badan Penyelesaian Sengketa Konsumen (BPSK) Berdasarkan Putusan Mahkamah Agung Nomor 175K/Pdt.Sus-BPSK/2021 Jessica Jessica; Ariawan Gunadi
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.v6i1.1105

Abstract

The Consumer Dispute Settlement Agency (BPSK) is a semi-court institution that has the authority to resolve and decide disputes between consumers and business actors on a non-litigation basis. Law Number 8 of 1999 concerning Consumer Protection or commonly known as UUPK is a regulatory basis used by BPSK in deciding consumer disputes because UUPK is a law that overshadows all laws that intend to provide protection to consumers. In practice, BPSK is often referred to as an institution that has the authority to examine, resolve, and decide a dispute with a final and binding decision. However, in one example of a case in the Supreme Court decision Number 175K / Pdt.Sus-BPSK / 2021, BPSK decided to impose sanctions on perpetrators outside the authority of BPSK. This is a problem of how to assess the performance of BPSK in deciding consumer disputes. The research method used is normative juridical with a case approach. To improve the performance of BPSK in deciding consumer disputes, it is necessary to update the contradictory UUPK regulations so that BPSK decisions do not cause legal uncertainty for protected consumers. The role burden borne by BPSK is also not balanced with existing Human Resources, so it needs to be improved so that BPSK's performance in deciding consumer disputes can be more careful without overriding applicable laws.
Effectiveness of Legal Aid For The Poor Communities of Makassar City Muhammad Rinaldy Bima
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.v6i1.1106

Abstract

This research aims to find out and analyze what factors influence the implementation of legal assistance for the poor in the city of Makassar. This research uses empirical research methods using data collection methods and studying legal assistance. Then data is obtained from interviews and observations to produce what is expected and conclusions about the problem. The results of this research show that there are factors that influence the implementation of legal assistance for the poor in the city of Makassar. The legal factor itself (law) where the implementation of legal aid itself must be clear in accordance with applicable law. The factor of law enforcement officers/enforcers is very influential in the judicial process in order to assist in the process of implementing legal aid. Community factors in order to be able to help the community in legal aid as a system of institutions or apparatus/law enforcement should pay more attention to several things, for example: providing legal education to people who are not legally competent so that they know more, providing legal counseling
Urgensi Pemeriksaan Substantif Sengketa Merek KasoMax dengan Merek Kaso dalam Rangka Perlindungan Hukum Terhadap Merek Natasha Pritama; R. Rahaditya
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.v6i1.1107

Abstract

Trademark registration in Indonesia refers to a constitutive system with the first-to-file principle. First to file is a trademark registration process that is only granted to the party who submits the application for the first time. The state is not permitted to grant registration to other parties who have a mark that contains similarities to a previous mark that was registered earlier. Trademark registration must go through substantive examination stages so as not to violate other people's rights, considering that registration is a process of granting rights, not granting permission. The purpose of this article is to determine the compliance opinion of appeal commission trademark law related to a trademark dispute involving Kasomax and Kaso, and also know the DJKI responsibilities in this dispute. The research method used is normative legal research with data analysis techniques based on deductive reasoning, which analyzes the considerations of the Mark Appeal Commission Council in connection with the provisions contained in Law Number 20 of 2016 concerning marks and geographical indications relating to the purchase of the KasoMax with the Kaso and its form of responsibility for the two brand struggles. Based on the research conducted, it can be concluded that the application of substantive examination in brand assessment has not been fully implemented, and the responsibility given is in the form of the cancellation of the KasoMax as a form of implementation of the Commercial Court decision.

Page 29 of 75 | Total Record : 744

 27   28   29   30   31 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 8 No. 3 (2026) Vol. 8 No. 2 (2025) Vol. 8 No. 1 (2025) Vol. 7 No. 4 (2025) Vol. 7 No. 3 (2025) Vol. 7 No. 2 (2024): UNES LAW REVIEW (Desember 2024) Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) Vol. 7 No. 2 (2024) Vol. 7 No. 1 (2024) Vol. 6 No. 4 (2024) Vol. 6 No. 3 (2024) Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) Vol. 5 No. 3 (2023): UNES LAW REVIEW (Maret 2023) Vol. 6 No. 2 (2023) Vol. 6 No. 1 (2023) Vol. 5 No. 4 (2023) Vol. 5 No. 3 (2023) Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022) Vol 5 No 2 (2022): UNES LAW REVIEW (Desember 2022) Vol. 5 No. 1 (2022): UNES LAW REVIEW (September 2022) Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022) Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022) Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022) Vol. 5 No. 2 (2022) Vol. 5 No. 1 (2022) Vol. 4 No. 4 (2022) Vol. 4 No. 3 (2022) Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021) Vol 4 No 1 (2021): UNES LAW REVIEW (September 2021) Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021) Vol 3 No 3 (2021): UNES LAW REVIEW (Maret 2021) Vol. 4 No. 2 (2021) Vol. 4 No. 1 (2021) Vol. 3 No. 4 (2021) Vol. 3 No. 3 (2021) Vol 3 No 2 (2020): UNES LAW REVIEW (Desember 2020) Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020) Vol 2 No 4 (2020): UNES LAW REVIEW (Juni 2020) Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020) Vol. 3 No. 2 (2020) Vol. 3 No. 1 (2020) Vol. 2 No. 4 (2020) Vol. 2 No. 3 (2020) Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019) Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019) Vol. 2 No. 2 (2019) Vol. 2 No. 1 (2019) Vol. 1 No. 4 (2019) Vol. 1 No. 3 (2019) Vol. 1 No. 2 (2018) Vol. 1 No. 1 (2018) More Issue