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[Kedudukan Notaris dalam Penyimpanan Sertipikat pada Masa Pelaksanaan Perjanjian Pengikatan Jual Beli di Kota Padang ]]>
<![CDATA[Aisyah, Irma]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Hasbi, Muhammad]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.848
<![CDATA[One of the authorities of a notary is in the making of a Sales and Purchase Agreement (SPA), which is a preliminary agreement between the seller and the buyer before the official sale and purchase deed is made in front of a Land Deed Official. Because there are requirements that have not been fulfilled, in accordance with the principles of real, cash, and clear sale and purchase, the Notary has the independence to keep the certificate for the safety of the parties who want or require the Notary to hold (store) the certificate. The Notary takes this action because of concerns that may arise if the certificate is held by the seller or buyer, and the Notary usually takes this precaution until the payment is made. With this, there is a legal vacuum where the Notary takes action to keep the certificate to avoid potential risks, but there are no regulations that protect the Notary from all the risks. The issue addressed in this paper is : how is the legal position of a Notary if it is linked to the storage of the certificate during the implementation of the Sales and Purchase Agreement in Padang City and what if one side of the party takes the certificate stored by the Notary without the presence of all members of the party of the agreement. In this research, the method used is juridical empirical, which is an approach to the problem through legal research by looking at the applicable legal regulations and will produce theories about the existence and function of law in society. According to the result of this research it is found that: 1) The storage of land certificates in the Sale and Purchase Agreement (SPA) is outside the Notary's authority and obligation based on Law Number 2 of 2014 concerning Notary Position. The Notary's action in receiving the storage of land certificates as a neutral stance towards the parties to ensure legal certainty and protection. 2) In practice, the Notary will not provide the certificate to one party if the other party is not present. This is to prevent losses to the other party and in accordance with Article 16 paragraph (1) letter (a) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN), in carrying out their duties, the Notary is obliged to act with trustworthiness, honesty, impartiality, independence, and to protect the interests of the parties involved in the legal act.]]>
<![CDATA[Tinjauan Yuridis terhadap Akta Hibah kepada Ahli Waris tanpa Persetujuan Ahli Waris Lainnya ]]>
<![CDATA[ZA, Zul Kifli]]>;
<![CDATA[Pati, Sakka]]>;
<![CDATA[Rifai, Aulia]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.849
<![CDATA[This study discusses the juridical review of the deed of grants to heirs without the approval of other heirs. This type of research is a type of library research, in other words, collecting library data, discussing doctrines or principles in the science of law and various other sources that examine or examine the issue of applying positive legal principles or norms. In the perspective of legal research, resolving a legal issue through legal research requires certain approaches as a basis for compiling appropriate, logical and accurate legal arguments. The research approach used in this thesis are: 1) statutory approach and 2) conceptual approach. Normative legal research is library research, namely research on secondary data. The sources of legal materials used in this research are primary, secondary and tertiary legal materials. The results of this study are: 1) A grant deed made authentically to heirs without the approval of other heirs is still considered valid if there has not been a court decision to cancel the grant deed. In the case of grant disputes, the Religious Courts have the authority to simultaneously decide on property or other civil disputes related to the object of the grant dispute if the subject of the dispute is Muslim people. In Islam, grants to heirs can be counted as inheritance, if the grant exceeds the inheritance, the excess grant should be included in the inheritance boedel and 2) PPAT is responsible civilly for the deed of grants to heirs without the knowledge of other heirs for losses received by experts other heirs if related to intention, negligence and/or negligence in making the deed of grant deviating from the formal and material requirements. PPAT can not only be subject to administrative sanctions but also be sued for civil compensation by the aggrieved parties.]]>
<![CDATA[Pemahaman Hukum terhadap Kejahatan Pemilihan Umum Kepala Daerah yang Dilakukan oleh Aparatur Sipil Negara ]]>
<![CDATA[Badaru, Baharuddin]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.850
<![CDATA[This study aims to know and analyze the types of criminal acts that can be committed by the state civil apparatus (ASN) in the implementation of regional elections and know and analyze the legal settlement of regional head election crimes carried out by the state civil apparatus. The research method used by the author in this case is the normative juridical method. The results showed that the types of criminal acts committed by the state civil apparatus are contained in articles 488-554 of Law Number 7 of 2017, legal settlement of election crimes committed by the state civil apparatus, if the perpetrators of election crimes meet the elements of guilt, then in this case the actions of the perpetrators contain elements of guilt, then the subject of the law must be criminally responsible for mistakes committed in election acts based on Election criminal provisions regulated in Law No. 7 of 2017 are in the flow of handling election criminal violations.]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Pencemaran Nama Baik melalui Media Sosial ]]>
<![CDATA[Wahyuni, Sry]]>;
<![CDATA[Yoserwan, Yoserwan]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.851
<![CDATA[This article explores the legal ramifications of defamation on social media as well as the types of behavior that fall under the heading of criminal defamation on social media. To make daily tasks easier for people to complete, technology is still being created. Internet-based criminal acts such as insults or defamation, perpetrated by one person against another person or organization, are becoming more common in Indonesia. The concept of error is one of the legality concepts used in the criminal responsibility system. Normative juridical research, which focuses on the application of constructive legal standards or principles, is the method used in this study. According to the findings of this study, Article 27 paragraph 3 of Law Number 11 of 2008 Concerning Electronic Information and Transactions and Article 45 paragraph 3 of Law Number 19 of 2016 Concerning Electronic Information and Transactions both govern how those who commit criminal acts of defamation through social media can be held legally accountable. Article 310 (1) of the Criminal Code governs the crime of slander. Basically, it happens when someone writes a post on Facebook with the intent to insult and libel the offender. Thus, the distribution of electronic material that involves insults or defamation is prohibited by Article 45 paragraph 3 of the ITE Law.]]>
<![CDATA[Pelaksanaan Perjanjian Kerjasama Pembuatan Dokumen Amdal oleh PT Alas Sanggoro Yasa Consultans dengan Pemerintah Kota Pariaman dalam Pembangunan Rumah Sakit Umum Daerah (Rsud) Dr. Sadikin ]]>
<![CDATA[Imran, Siti Lauriyanti]]>;
<![CDATA[Rembrandt, Rembrandt]]>;
<![CDATA[Mannas, Yussy Adelina]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.852
<![CDATA[One of the many constructions undertaken by the Government is in the City of Pariaman, which is the public infrastructure of a hospital called the Regional General Hospital (RSUD). The authority in this case is the government party that holds goods/services with both parties as the executor of procurement of goods /servicing government is PT. Sanggoro Yasa Consultans, where the cooperation between the two sides is then merged into a Cooperation Agreement (PKS). The objective of cooperation is related to the creation of environmental documentation namely environmental impact analysis (AMDAL) as one of the conditions that must be met for the Government of Pariaman to build RSUD dr. In accordance with the provisions in force. Implementation of the agreement of cooperation in the creation of documents AMDAL by PT Alas Sanggoro Yasa Consultans with the Government of the City of Pariaman in its implementation there are some problems and obstacles faced The agreement is made under the hands so that if made authentically then can provide legal certainty to both parties, and can be a powerful tool of evidence if there is a disadvantage. In its implementation, the factor affecting the failure to perform the agreement is its payment without advance, and Its implementation starts on September 8, 2020 and ends on December 18, 2020. However, at the time of performance by the debtor suffered payment delay until May 3, 2021. The authority in the implementation of the agreement is that there is a delay in payment due to APBD that has not fallen or has closed the book in 2020 so that APBD funds can not be disbursed by the Government of Pariaman City.]]>
<![CDATA[Peranan PPAT dalam Pendaftaran Hak Tanggungan Secara Elektronik di Kota Sungai Penuh ]]>
<![CDATA[Setiawan J, Pujha]]>;
<![CDATA[Fendri, Azmi]]>;
<![CDATA[Syofiarti, Syofiarti]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.853
<![CDATA[PPAT is a public official authorized to draw up Deeds for Granting Mortgage Rights (APHT), in which the deed will be used as basic evidence for registration of Mortgage Rights at the Land Office and PPAT is required to submit APHT and supporting documents to the Land Office within 7 days after the deed is signed. In Article 14 of the Electronic Mortgage Service Regulations, it has also been limited to the 7th day, if it is not carried out then the PPAT mortgage registration document is automatically uploaded, it is considered giving approval by the system. The presence of Electronic Mortgage Registration has not run smoothly and has resulted in APHT and supporting documents submitted by the PPAT in the Sungai Full City area to the Land Office past the applicable regulatory deadline. The results of the study found that: 1. The role of the PPAT is to check Certificate, Making Deed of Granting Mortgage Rights (APHT), Power of Attorney for Imposing Mortgage Rights (SKMHT), and submitting Deeds for Granting Mortgage Rights and supporting documents to Creditors (Banks) to continue registration to the Land Office by Creditors (Banks), but with a lack of understanding and the knowledge of the PPAT in SungaiFull City regarding the registration of Mortgage through electronic system services, the role of the PPAT in SungaiFull City is still not in accordance with Ministerial Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services. 2. PPAT Constraints in Registering Mortgage Rights Electronically in Sungai Full City, namely: There is still a lack of inspection, Network Disruption, collateral object certificates have not been validated and problems found, there are legal violations against PPATs who do not comply with the time limit provisions in submitting APHT and supporting documents to the Land Office and abusing authority by carrying out creditor user account obligations.]]>
<![CDATA[Studi Perbandingan bentuk Pertanggung Jawaban Pidana terhadap Pelaku Tindak Pidana Pembunuhan yang Mengalami Gangguan Jiwa Menurut Hukum Islam dan Hukum Positif Indonesia ]]>
<![CDATA[Shadiq, Asad]]>;
<![CDATA[Sukmareni, Sukmareni]]>;
<![CDATA[Zulfiko, Riki]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.854
<![CDATA[Murder committed by persons with mental disorders is a common problem in society with various cases and characteristics. The news about this is likely to evoke strong emotions and raise questions about whether to be sanctioned or not. With regard to the crime itself, the view of Islamic law defines a criminal act as an act prohibited by law that comes from Allah, for this violation there is already a provision for punishment that comes from Him. The legal prohibition referred to here is doing something that has been prohibited or by not doing work that is not justified. What can be classified as part of a criminal act in Islam is if the act is only prohibited on the basis of the Shari'a. This must be said, by doing or not doing an act that will result in a punishment that must be based on the Shari'ah which is a crime. Comparison of Islamic law and in the provisions of criminal law against acts in the category of criminal acts, such as acts in the category of murder, which are committed by those who are experiencing mental disorders. Here it will be seen whether the form of Islamic law and the form of criminal law will also be applied to people with mental disorders who have been proven to have committed the crime. The research method used is a normative juridical approach, namely law that focuses on the study of library data as secondary data, in the form of positive law and governing Islamic law. Based on the results of research in positive law criminal offenders who experience mental disorders cannot be punished as well as in Islamic law, however there are slight differences that require criminal offenders who experience mental disorders to pay compensation which is borne by the offender's family.]]>
<![CDATA[Perlindungan Hukum Pejabat Pembuat Akta Tanah (PPAT) terhadap Tindakan Pemalsuan Data pada Akta Jual Beli oleh Penghadap ]]>
<![CDATA[Maulani, Reza Sri]]>;
<![CDATA[Ismansyah, Ismansyah]]>;
<![CDATA[Syofiarti, Syofiarti]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.855
<![CDATA[Land Deed Making Officer is a general official who is authorized to make authentic deeds regarding certain legal deeds regarding land rights or property rights to flats. One of the deeds made by the Land Deed Maker Officer is the sale and purchase deed. In making a sale and purchase deed, it is not uncommon to be disputed by parties or other third parties who feel aggrieved by the deed because of alleged falsification of data on the deed, causing the Land Deed Making Officer to be involved in the matter and be examined by the authorities. In this study, the formulation of problems related to the legal protection of Land Deed Making Officials the act of falsifying data on the sale and purchase deed by the face is : 1. What is the form of legal protection of the Land Deed Making Officer against the act of falsifying data on the sale and purchase deed by the facer? 2. What are the legal consequences of the sale and purchase deed made by the Land Deed Making Officer in which there is data falsified by the face? This research uses a juridical-empirical approach method. The results of the study found that: 1. Legal protection of Land Deed Making Officials against the act of falsifying data on the sale and purchase deed by the face in the form of providing legal assistance carried out by the Ministry, Board of Trustees and Supervisors of Land Deed Making Officials in the form of advice, assistance in investigations and / or expert statements in court both as witnesses and suspects. 2. The legal consequences of the sale and purchase deed in which there is falsified data are sales and purchase deeds that are proven to be legally defective due to non-fulfillment of the legal conditions of the agreement and / or non-fulfillment of the formal and material conditions for making the deed, so that the position of the sale and purchase deed as an authentic deed is canceled or declared null and void to have no binding legal force.]]>
<![CDATA[Penyelesaian terhadap Tindak Pidana Begal yang dilakukan Oleh Anak di Wilayah Hukum Pengadilan Bukittinggi ]]>
<![CDATA[Erpendi, Andre Mulya]]>;
<![CDATA[Sukmaren, Sukmaren]]>;
<![CDATA[Munandar, Syaiful]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.856
<![CDATA[The background of this writing is based on the crime of robbery which is increasingly common in Indonesia, especially those committed by children, in this case of course there is a settlement process and the factors behind the child committing the crime of robbery. The purpose of this research is to find out the settlement process for the crime of robbery by children in decision Number 7/Pid.Sus-Anak/2021/PN Bkt, and the factors that cause children to commit criminal acts of robbery in decision Number 7/Pid.Sus-Anak/ 2021/PN Bkt. The method used is sociological empirical, which is taken from the facts that exist in society. The technique used in collecting data is through interviews. Based on the results of the research, it can be found that the settlement of criminal acts of robbery committed by children in the jurisdiction of the Bukittinggi court is by carrying out a diversion effort, namely the transfer of child cases that are long and very rigid, but these efforts find no results and are continued with the juvenile justice system in accordance with the law and the applicable regulations are contained in Law number 11 of 2012. And the factors that cause children to commit criminal acts of robbery based on the results of interviews are sociological in nature, in the form of environmental and social factors, economic factors, educational factors, and parents of children.]]>
<![CDATA[Pengaruh Fatwa Majelis Ulama Indonesia terkait Legalitas Bitcoin sebagai Aset Digital di Indonesia ]]>
<![CDATA[Kurniawan, Ihsan]]>;
<![CDATA[Rahmayani, Nuzul]]>;
<![CDATA[Nazar, Jasman]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.857
<![CDATA[This study aims to explain how the legality of bitcoin as a digital asset in Indonesia is viewed from Indonesian positive law and the influence of the MUI fatwa regarding the legality of bitcoin as a digital asset. The problem here is that even though MUI has issued a Fatwa regarding the haram of Bitcoin both as a means of payment and as a digital asset, cryptocurrency transactions are mostly used as speculation which results in elements of gharar and maysir. But until now the use of crypto money has not decreased and even arguably more enthusiasts. From this research, it was found that Bank Indonesia responded that Bitcoin does not have legality as a legal transaction tool in Indonesia and is considered legal if Bitcoin is used as a crypto asset in the commodity futures exchange. Bappebti noted that the total number of crypto investors until the end of August 2022 has amounted to 16.1 million investors, which indicates that the number of crypto investors has increased by around 43.75% in the January-August 2022 period, experiencing a very high increase so that the influence caused by the MUI fatwa regarding the haram of bitcoin as a digital asset is not so significant because the nature of the MUI fatwa is only personal for someone who is Muslim. This research is expected to be a material and reading source for students to increase their knowledge and become a foundation for other researchers in the future.]]>
