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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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Penegakan Hukum terhadap Kekerasan Seksual dalam Lingkungan Perguruan Tinggi di Indonesia Pusdikawati, Rani; Jamaludin, Ahmad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.766

Abstract

Sexual violence has become an urgent issue in Indonesian higher education institutions. The increased freedom and diversity in campus social interactions make students vulnerable to becoming victims. The rising number of reports and cases of sexual violence in universities has serious consequences for the victims and disrupts the academic climate and quality of education. Addressing sexual violence in higher education institutions poses unique challenges due to factors such as the lack of awareness about victims' rights, feelings of shame or fear in reporting incidents, and the potential intimidation from related parties, which often hinder law enforcement efforts. Therefore, enforcing laws against sexual violence in university settings becomes crucial. This research employs a normative juridical method with a qualitative approach. Data is collected through library studies and research on relevant literature and documents. The research aims to describe the symptoms of sexual violence in higher education institutions and identify law enforcement and prevention efforts that have been implemented.As a step to address sexual violence in higher education institutions, on May 9, 2022, the President of the Republic of Indonesia approved Law No. 12 of 2022 on Sexual Violence Criminal Acts. Additionally, the government has issued Minister of Education, Culture, Research, and Technology Regulation No. 30 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education Institutions.Preventive and handling efforts for sexual violence are conducted by establishing task forces in universities, formulating prevention and handling guidelines, providing training and socialization on gender equality and sexual health education, as well as offering reporting services for sexual violence. With effective implementation of these laws and policies, it is hoped that sexual violence in higher education institutions can be minimized, ensuring a conducive learning environment and providing positive impacts for the entire academic community.
Penegakan Hukum terhadap Admin Judi Online berdasarkan Pasal 27 Ayat (2) Undang-Undang Republik Indonesia No. 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Anzward, Bruce; Rayung Wulan, Sri Endang; Utami, Nihaya Lila
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.767

Abstract

Indonesia as a developing country continues to strive to advance its resources, especially technology in the field of communication, becoming one of the rapidly growing and accepted fields in human life. convenience for their lives, especially with the internet media in it. The internet not only has a positive impact but also has a negative impact. One of the negative impacts that is happening and is currently rife among the public is online gambling games. The problem approach used in this study is a normative juridical approach. The approach taken is an approach on matters of a juridical nature which uses legal materials such as laws, books, related journals. The ITE Law in Article 45 paragraph (2) and also Article 27 paragraph (2) will only serve as objects used to ensnare gambling which has been explained by Article 303 of the Criminal Code in electronic media. So that the point of reading the sentence regarding gambling is in Article 303 of the Criminal Code. It is not enough to carry out the activities, but all of them must be supported by the inner attitude of the perpetrators themselves. Where in Article 303 of the Criminal Code it is explained that the inner attitude of the perpetrator must be "deliberately". The doctrine of mens rea is referred to as the basis of criminal law, in practice even added criminal liability may disappear if there are conditions that forgive. This later must be considered when asking for criminal liability for link spreaders that contain gambling content.
Pendaftaran Tanah Untuk Keamanan Kepemilikan Hak Atas Tanah: Tinjauan Studi Literatur Keumala, Dinda
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.769

Abstract

Land registration is an activity carried out to obtain legal certainty and provide security of ownership of land rights. The problem in this research is what is the purpose of land registration, what is the cause of illegal occupation and control of land rights / land disputes and which countries are used as objects of research on land registration related to the security of ownership of land rights that have been carried out. This research uses a literature review. The results found that there is a close relationship between the objectives of land registration activities carried out can provide security of ownership of land rights and reduce the occurrence of land disputes, and the countries used as objects of research are mostly countries prone to land conflicts.
Pelaksanaan Penyidikan Pelaku Tindak Pidana Penggelapan dalam Jabatan di Unit Satreskrim Polresta Bukittinggi khozizah, Silvia; Yustrisia, Lola; Zulfiko, Riki
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.770

Abstract

One type of embezzlement crime is embezzlement in office. The crime of embezzlement in office is regulated in Article 374 of the Criminal Code. Embezzlement in office is a crime committed by a person because of an employment relationship which initially started with a party's trust in another party, which ended with dishonesty of one of the parties, namely the perpetrator of the embezzlement, especially embezzlement often occurs by people who hold goods and is related to their work or position. The purpose of this research is to determine the process of carrying out investigations by the Bukittinggi Police Satreskrim Unit regarding criminal cases of embezzlement in office. The type of research method used in the research is empirical juridical in the form of exploratory research. The results of this research are how the investigation process carried out by Bukittinggi Police investigators was carried out in determining the articles violated by the perpetrators of the crime of embezzlement in office. The obstacle experienced by investigators in carrying out the investigation in this case was the search for the perpetrator and evidence. The investigators' efforts to overcome obstacles in carrying out this investigation were for the Bukittinggi Police Satreskrim Unit investigators to coordinate with the Gunung Tuleh Police in searching for the perpetrator of the crime of embezzlement in office and involving the perpetrator in the search for evidence.
Pelaksanaan Penyidikan oleh Penyidik Polresta Bukittinggi dalam Menetapkan Status Tersangka Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Ayudia, Salsa Zhafira; Sukmareni, Sukmareni; Fitri. Z, Yenny
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.771

Abstract

One form of crime committed in cyberspace (cyber crime) is defamation through social media. One example of a defamation case through social media that occurred in the city of Bukittinggi was addressed to one of the candidates for mayor of Bukittinggi. This case started with a post in the form of a fake letter linking Ramlan Nurmatias with the Indonesian Democratic Party of Struggle. This led to the criminal act of defamation considering that Ramlan Nurmatias was a candidate for mayor from an individual or without any supporting party. The purpose of this research is to find out how the carrying out an investigation by investigators from the Bukittinggi Police in determining the status of a suspect in a criminal act of defamation through social media. The result of this study is the implementation of the investigative process carried out by investigators from the Bukittinggi Police in establishing the status of a suspect in the crime of defamation through social media by involving several related parties in gathering evidence. Obstacles experienced by investigators in carrying out the investigative process require a long time in collecting evidence, obtaining witness statements and investigating investigators in handling cases related to the ITE Law, especially in cases of defamation through social media. Efforts made by investigators to overcome these obstacles, namely by coordinating with the National Police Criminal Investigation Unit in Jakarta in sending evidence carried out at the Jakarta forensic laboratory center, conducting special training for investigators in handling defamation cases through social media and shortening the time during the examination of the witnesses presented.
PENERAPAN RESTORATIVE JUSTICE OLEH KEJAKSAAN NEGERI PASAMAN TERADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Roswari, Bunga; Sukmareni, Sukmareni; Munandar, Syaiful
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.772

Abstract

The application of restorative justice by the Pasaman District Prosecutor's Office to perpetrators of criminal acts of narcotics abuse is an approach in the criminal justice system that focuses on restoration, reconciliation and restoration of relationships damaged by criminal acts. The aim of this research is to examine the implementation of restorative justice by the Pasaman District Prosecutor's Office towards perpetrators of criminal acts of narcotics abuse using empirical juridical methods. The results of this research show that restorative justice for perpetrators of narcotics abuse has been implemented but is not optimal because there are still obstacles, based on Attorney General Regulation Number 18 of 2021 which can only be applied to narcotics addicts, narcotics abusers and victims of narcotics abuse, in the event that they are caught or arrested by the police, evidence of usage expires in one day and also the prosecutor must check whether the suspect is the final user (end user), check the suspect's profile in relation to financial transactions and the suspect's way of life (know your suspect), and must meet the requirements of the results The perpetrator's integrated assessment team tested positive for using narcotics. The obstacle faced by the prosecutor's office is because the prosecutor's office is not directly involved in the investigation process, so the prosecutor's office does not yet know whether the perpetrator can actually implement restorative justice or not, whether the perpetrator is really a narcotics addict, whether the evidence has been used up so The prosecutor's office must coordinate between sectors. And the effort to overcome the obstacles is by profiling or mapping, where the prosecutor's office must look at the perpetrator's legal status, user history, to his involvement in using the narcotics
Peran Niniak Mamak dalam Penanggulangan Tindak Pidana Perjudian Online Jenis Rolet dan Togel di Kenagarian Simarasok Kecamatan Baso Hardetta, Hardetta; Yustrisia, Lola; Fitri. Z, Yenny
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.773

Abstract

One form of crime that occurs in cyberspace is online gambling. Online gambling is considered as a violation of the norms and rules that apply in society. In the Simarasok Village, Baso District, all settlements of cases that occur among the community are followed up by traditional leaders who are called niniak mamak. The purpose of this research is to find out the role and solutions experienced by niniak mamak in the Simarasok Village, Baso District in overcoming criminal acts of online roulette and lottery types. From the results of this research, the role of niniak mamak in the Simarasok Village, Baso District in dealing with online gambling crimes of the roulette and lottery types, namely in the form of preventive measures by providing appeals, supervision, and customary understanding of nephew’s children. The obstacle experienced by niniak mamak in the Simarasok Village, Baso District lies in the process of proving the crime where this crime was committed online through electronic media that has internet access in running the games. The solution to overcome these obstacles is to invite all elements of society who see and find this online gambling activity to immediately report it to niniak mamak.
Pelaksanaan Pendaftaran Merek Dagang pada Usaha Mikro Kecil dan Menengah di Bukittinggi Maesa, Isradi; Suryamizon, Anggun Lestari; Nazar, Jasman
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.774

Abstract

In the industrial and trade sectors where brands are a part of intellectual property rights, they have a position as a differentiator and identity for a business, one of which is micro, small and medium enterprises (MSMEs). In order to obtain the trademark rights, every micro, small and medium enterprise actor must submit an application for trademark registration in order to obtain the trademark rights when it is used. Even though regulations regarding marks have been expressly regulated by the state in a statutory regulation, namely Law Number 20 of 2016 concerning Marks and Geographical Indications, in practice there are still many MSME actors who have not registered their trademarks. This study aims to determine the implementation and inhibition of MSME actors in Bukittinggi in registering their trademarks. The method used in this study is a qualitative method with an empirical juridical approach. The registration of MSME trademarks is fundamental to obtaining exclusive rights to brands. In addition, to register a business actor must fulfill administrative requirements for his trademark. The obstacles in registering a trademark for MSME actors in Bukittinggi are the lack of information and knowledge obtained and concerns about financing when registering their trademarks.
Uang Jujur dalam Adat Lampung Pesisir dalam Perspektif Hukum Ekonomi Syariah Antoni, Ferry
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.775

Abstract

One form of marriage in the Lampung Pesisir custom is called "perkawinan jujur" or "honest marriage." This type of marriage is conducted by involving "jujur" money (jojokh), which is given by the prospective groom to the family of the prospective bride before the marriage contract (akad nikah). However, during the actual akad nikah ceremony, the jojokh money is not mentioned. In practice, the amount of jojokh money requested by the woman can sometimes be quite high. This paper examines how Islamic law views such a practice by referring to legal reading methods in ushul fiqh and fiqh. The analysis shows that jojokh can be likened to a dowry (mahar) in many aspects. Jojokh also fulfills the conditions of being a valid 'urf (acceptable custom). Regarding the specific amount of jojokh money, Islamic law only sets the minimum limit for the dowry (mahar) that must be given. However, there is no set maximum limit. As long as the amount of jojokh does not burden the prospective groom, any nominal amount of jojokh remains acknowledged and valid in Islamic law. Keywords: Dowry, jojokh, custom marriage, Lampung Pesisir.
Perlindungan Hukum terhadap Pemasaran Berbasis Digital dengan Mengaitkan Undang-Undang Nomor 28 Tahun 2014 Mengenai Hak Cipta Guna Menghindari Plagiasi Mahasy, Fiqhan Yasfi; Anggraeni, Happy Yulia
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.776

Abstract

In thel elra of indulstrial relvolultion and rapid telchnological advancelmelnt, hulmans havel harnelsseld telchnology as a powelrfull tool to advancel thel world. Thel digitization of telchnology has transformeld thel way elntrelprelnelulrship opelratels, elspelcially throulgh digital markelting. Consulmelrs now havel thel ability to selarch for and acqulirel produlcts according to thelir nelelds throulgh variouls digital platforms sulch as elmail, welbsitels, social meldia, el-commelrcel, and onlinel advelrtising. Digital markelting is celntelreld aroulnd consulmelr nelelds, elnabling produlcelrs to fullfill spelcific delmands. Howelvelr, amidst thel crelativity facilitateld by telchnology, challelngels arisel in thel form of idela thelft or plagiarism. Thel telrm digital markelting relflelcts thel ultilization of telchnology in elntrelprelnelulrship, particullarly throulgh Information and Commulnication Telchnology (ICT). Copyright protelction belcomels crulcial, both for institultions and individulals, to prelvelnt thelft and thel loss of valulel from crelativel works. Indonelsia's participation in thel World Tradel Organization (WTO), a global tradel organization, influlelncels national lelgal systelms, elspelcially in thel contelxt of copyright. Changels in copyright laws arel nelcelssary to adhelrel to thel provisions of thel WTO's Tradel-Rellateld Aspelcts of Intelllelctulal Propelrty Rights (TRIPs) agrelelmelnt. Copyright protelction involvels not only institultions bult also individulal crelators, elnsulring thelir works arel selculreld and not compromiseld by thelft or imitation. A normativel julridical relselarch melthod is elmployeld to addrelss lelgal qulelstions in this stuldy. Thel relselarch disculssels thel importancel of crelativel idelas in digital markelting, thel implications of idela thelft, and copyright protelction within thel lelgal contelxt. Crelativel idelas form thel foulndation of digital markelting, bult plagiarism threlatelns crelativity and progrelss. Copyright, as an elxclulsivel right for ownelrs to relgullatel thel ulsel of thelir works, is relgullateld by Indonelsian copyright laws. Changels in copyright laws providel belttelr protelction for crelators and rellateld rights holdelrs. Copyright can also selrvel as an objelct of fidulciary collatelral. Howelvelr, ulnrelalizeld works, abstract idelas, and celrtain fulnctional ellelmelnts arel not protelcteld by copyright. Thel delvellopmelnt of digital markelting has facilitateld crelativity and progrelss, bult it also brings thel risk of copyright infringelmelnt. Lelgal protelction for crelativel idelas and works is nelcelssary to fostelr innovation withoult harming crelators. Copyright laws selrvel as a crulcial melchanism to relgullatel thel ulsel of crelativel works in an elvelr-elvolving digital elnvironmelnt.

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