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[Problematika Hukum Masuknya Pihak Ketiga dalam Proses Pemeriksaan Sengketa Arbitrase di Indonesia ]]>
<![CDATA[Novian, Desri]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.868
<![CDATA[Arbitration disputes occasionally also have legal consequences for Parties outside the arbitration agreement who have legal relations in the implementation of the arbitration agreement and the object of the arbitration dispute, which is commonly referred to as a Third Party. Third Parties can be in the form of Parties that support or defend the interests of one of the Parties (joinder) or have their interests in the object dispute being examined and decided (intervention). However, the entry of a Third Party into an arbitration dispute lawsuit, the provisions of the limiting conditions must be agreed upon by the Parties and must be approved by the Arbitrator or Arbitral Tribunal. Based on this, the study analyzed the conditions for the entry of third parties into the arbitral dispute lawsuit process regarding the 1958 New York Convention, UNCITRAL Model Law on International Commercial Arbitration, Law No. 30 of 1999, the provisions of arbitration law in several countries and refer to the provisions of the Civil Procedure Code in Indonesia. This research was conducted using a qualitative method and is normative juridical by reviewing and comparing one regulation with another. The results of the research show that there is another form of third party that called intervention for legal obligation and show that Article 30 of Law no. 30 of 1999 is too rigid in applying the principle of personality and party autonomy so that the obligation to obtain agreement from the parties results in third parties having minimal opportunities to be able to enter as parties in the arbitration dispute examination.]]>
<![CDATA[Tanggung Jawab Notaris Terhadap Akta Nominee dalam Jual Beli Tanah (Studi Kasus Putusan Mahkamah Agung Nomor 1290 K/Pdt/2022) ]]>
<![CDATA[Prima, Ade Putra]]>;
<![CDATA[Azheri, Busyra]]>;
<![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.v6i1.869
<![CDATA[The practice of nominee agreements is related to the principle of justice considering the interests of the parties involved. The nominee agreement is intended to provide all the authority that may arise in a legal relationship between the authorizing parties over a plot of land which according to land law cannot be owned by a foreign party which is then given to the indigenous people as the beneficiary. The notary as a public official is required to be responsible for the deed he made.]]>
<![CDATA[Legal Certainty of Digital Assets Non-Fungible Token (NFT) on The Opensea Platform ]]>
<![CDATA[Ulfanora, Ulfanora]]>;
<![CDATA[Almaududi, Almaududi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.870
<![CDATA[The role of technology in everyday life has become more sufficient. This technology results in digitalization which gives rise to digital assets that later become crypto assets that use blockchain technology to store data. The development of these crypto assets presents a technology called Non-Fungible Token (NFT) which is a technology linked to a work of art or other digital assets that serves to protect the artwork or digital assets and as proof of ownership. NFT presents a new way for artists to sell their art more safely and avoid harmful actions. However, the widespread use of NFT technology has created a problem due to the lack of legality regarding NFT. The formulation of the problems discussed in this thesis are: 1. What is the legal certainty for digital assets in the form of Non-Fungible Tokens (NFT) on the Opensea digital platform? 2. What is the legality of Smart Contracts in each transaction of Non-Fungible Token (NFT) through the Opensea digital platform? The research method used is a normative juridical research method, taking a statutory approach and having a descriptive-analytical nature. From the results of this research, can be seen that NFT has not been clearly regulated in Indonesian positive law, resulting in a legal vacuum. Regulations regarding Crypto are regulated by Bappebti as the governing body. Bappebti itself has not specifically regulated NFT regulations in Bappebti regulations. Besides that, other arrangements are seen through the Civil Code which regulates NFT as an intangible object ITE Law which regulates the implementation of the transaction. And regarding the protection of its Intelectual Property Rights through the Copyright Law. Then regarding the validity of the Smart Contract in Non-Fungible Token (NFT) transactions it is considered valid in Indonesian positive law based on the Pacta sunt servanda principle and must be based on the compliance of Article 1320 of the Civil Code.]]>
<![CDATA[Metode Omnibus Law Sebagai Upaya dalam Mengatasi Hyper Regulation di Bidang Perekonomian ]]>
<![CDATA[Alsyam, Alsyam]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.871
<![CDATA[In Indonesia, the understanding of rule of law cannot be separated from the influence of the development of good thinking fromrule of law northe rule of law, but still has distinctive characteristics as shown in the 1945 Constitution of the Republic of Indonesia. The method for forming laws and regulations in Indonesia uses codification and sectoral. The codification method is the preparation of legal regulations in a book of laws in writing including collecting scattered legal provisions, then arranged systematically. There are various problems that arise in the formation of legislation in Indonesiaover regulations, overlapping regulations, multiple interpretations, ineffective, and sociologically problematic. Government encouragement in the progress of the Indonesian economy through the application of the methodlaw to all namely the Job Creation Law. This research is a legal research (doctrinal research) with a conceptual approach (conceptual approach) and the legal approach (statues approach). The results of this study explain that MethodAll Law in the formation of laws and regulations it has been regulated through Law Number 13 of 2022 where the purpose of the Omnibus Law is to link a rule with other related rules as intended to be integrated. Second, the Omnibus Law as an effort to overcome hyper regulation as a whole. Simplification as to avoid overlapping between regulations and other regulations]]>
<![CDATA[Implementasi Restorative Justice pada Tindak Pidana Narkotika yang dilakukan oleh Anak ]]>
<![CDATA[Mathiew Mahulette, Andrew Reinhard]]>;
<![CDATA[Firmansyah, Hery]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.872
<![CDATA[The development of an increasingly advanced era has positive and negative impacts on one's environment to grow and develop negatively or positively. Of course, with this development there are negative things that cannot be separated from human social life. A good environment will produce a person's personality to be good, and vice versa if the environment is negative then the person will become negative. A negative environment can lead a person to commit crimes such as narcotics abuse, starting with adults or children. However, currently children can commit criminal acts of drug abuse based on a bad environment. The results of the discussion in this study reveal that a child who falls into drug abuse is the impact of a bad environment, such as a lack of supervision from the family, lack of education, and a bad environment for a child to grow and develop. So that the role of parents is very important in protecting and educating children to avoid drug abuse so there is no need to deal with the law. In addition, the role of the state and government is very important to tackle drug abuse by children, so that a child can still get their rights by providing fair legal considerations and decisions through restorative justice diversion to children.]]>
<![CDATA[Efektifitas Kebijakan Ruang Udara Terbuka terhadap Pembangunan Ekonomi Indonesia ]]>
<![CDATA[Mende, Melisa Irianti]]>;
<![CDATA[Amboro, Yudhi Priyo]]>;
<![CDATA[H. Hutauruk, Rufinus]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.873
<![CDATA[The ASEAN Open Sky Agreement is one of the multilateral agreements, particularly among ASEAN countries, aimed at enhancing the economy through airspace. The ASEAN Open Sky Agreement is expected to be both a solution and a goal in developing the ASEAN economy, especially to enhance its competitiveness in the international world. This is to ensure that economic development among ASEAN member states can be achieved evenly. The concept of the ASEAN Open Sky Agreement presents significant opportunities, including substantial market access, substantial benefits, increased tourism attractiveness, and flight frequencies. The objective of this research is to analyze the impact and efforts of the Indonesian government in dealing with the implementation of the ASEAN Open Sky Agreement. It is further analyzed using the Legal Effectiveness Theory by Soerjono Soekanto and the Legal Development Theory by Prof. Mochtar Kusumaatmadja. The research methodology utilized is normative juridical. The research design employed in this study is descriptive analysis, and the data is obtained from secondary sources and analyzed qualitatively. From this study, it can be concluded that the impact includes the expansion of flight network coverage, the opening of flight options, and the establishment of broad distribution access through channels provided by partner airlines. Additionally, the agreements within the ASEAN Open Sky Agreement consist of three agreements that regulate air transport services, passenger and cargo services. Undoubtedly, this policy significantly affects implications for airspace sovereignty and limits the authority of the Government in the implementation of the ASEAN Open Sky Agreement.]]>
<![CDATA[Urgensi Putusan Mahkamah Konstitusi Terhadap Penolakan Perkawinan Beda Agama Melalui Putusan Mahkamah Konstitusi Nomor 24/PUU-XX/2022 ]]>
<![CDATA[Amelia, Dian]]>;
<![CDATA[Utama, Nanda]]>;
<![CDATA[Zulfa, Fadhilla]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.874
<![CDATA[The existence of Article 36 of Law Number 23 of 2006 concerning Population Administration becomes a weapon for couples who wish to marry with different religions in registering their marriage through a decision from the District Court. This is contrary to Law Number 1 of 1974 concerning Marriage which prohibits interfaith marriages and also prohibits these marriages from being registered. In 2022 a citizen named E. Ramos Petege submitted a request for judicial review of Article 2 paragraph (1) and Article 8 letter F of Law Number 1 of 1974 concerning Marriage because these articles were considered to violate his constitutional rights. The Constitutional Court also decided to reject the petition of the applicant. Research using normative juridical method with the nature of descriptive analysis research. The results of this study explain that violations in the legal order of marriage in Indonesia are motivated by minimal understanding of religion with the assumption that marriage is only limited to civil relations and the Marriage Law does not explicitly imply a prohibition against interfaith marriages. Furthermore, the reasons for the District Court granting interfaith marriages are related to human rights in the 1945 Constitution and legal rules on population administration. So that the urgency of the decision of the Constitutional Court in rejecting interfaith marriages is to provide legal certainty and become a final and binding legal reference for all law enforcement agencies in Indonesia.]]>
<![CDATA[Mitigasi Risiko Penyelenggaraan Lelang Eksekusi Hak Tanggungan pada Kantor Pelayanan Kekayaan Negara dan Lelang Padang ]]>
<![CDATA[Fitriana, Ayu]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.875
<![CDATA[A mortgage rights is a security right that is charged to land rights and objects related to land, as regulated in Law 4 of 1996 Concerning Mortgage Rights To Land And Objects Related To Land. Dependents guarantee the debtor's debt in the event that the debtor is unable to pay the debt or defaults. If this happens, the creditor can carry out the execution of the collateral object, requiring prior approval from the mortgagee and not through the fiat of the head of the court. The execution of the mortgage execution auction is regulated in Regulation of the Minister of Finance Number 213/PMK.06/2020 concerning Instructions for Conducting Auctions. In practice, auctions of mortgage objects that are carried out pose risks, one of which is legal risk. This is because many debtors are not willing to hand over objects that are used as collateral for collateral to be sold through auctions. The data the author uses comes from the Padang State Assets and Auction Service Office. The results and discussion show that 1. The execution of the mortgage execution auction at the vertical unit Office of State Assets Services and Auctions applies the E-Auction, or electronic auction system. E-Auctions. 2. Regarding the risks described above, risk mitigation can be carried out, such as: 1. Coordinate with the Legal and Information Section regarding the implementation of auctions that have the potential for legal problems, 2. Coordinate with banks so that they focus on priority scales of auction implementation and problem-free (free and clear) auctions, 3 Conduct education and communication related to implementation auction of execution of rights to banking stake holders and auction buyers, 4. Coordinate more intensively with the land office regarding the ease of administrative arrangements related to the execution of mortgage execution auctions.]]>
<![CDATA[Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Penganiayaan Ringan di Kejaksaan Negeri Semarang ]]>
<![CDATA[Rahmawati, Lilis]]>;
<![CDATA[Faozi, Safik]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.876
<![CDATA[Emergence of Restorative Justice as a criticism of the implementation process in the criminal justice system, which has been viewed as ineffectual in resolving problems in people's lives. Restorative Justice is a procedural approach to settling criminal cases that entails the active involvement of individuals responsible for the offense, victims, relatives of both perpetrators and victims, as well as other pertinent stakeholders. The primary objective of this approach is to achieve a fair resolution by prioritizing the restoration of the affected parties to their original state, rather than focusing solely on retaliation. This research will analyze and explain how Restorative Justice is implemented against persecutors of the crime of persecution at the Semarang District Attorney, as well as what the obstacles in its implementation. This study employs a normative juridical research type with in concreto research specifications, secondary data gathered from library materials, and a qualitative data analysis methods. The results of the study show (1) Because the prosecution complied with the conditions of article 5 of Prosecutor's Regulation No. 15 of 2020 regarding Termination of Prosecution, Restorative Justice may no longer be applied to those who committed the crime of persecution at the Semarang District Attorney's Office. According to restorative justice, a first-time offender is subject to punishment under Article 351 for crimes and criminal acts of persecution (1) of the Criminal Code, as well as for the implementation mechanism through several stages beginning with stage two, peace efforts, peace process regulated in Article 7 to Article 12 until the prosecution is terminated with the issuance of a Decission Letter on Termination of Prosecution.(2) here are no obstacles in the application of Restorative Justice due to the interrelation of legal structure, legal substance and legal culture.]]>
<![CDATA[Pelaksanaan Indikasi Geografis oleh Masyarakat Perlindungan Indikasi Geografis (Mpig) Pasca Sertifikasi di Kepulauan Meranti dan Solok ]]>
<![CDATA[Rialin, Monarisya]]>;
<![CDATA[Daulay, Zainul]]>;
<![CDATA[Delfiyanti, Delfiyanti]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.877
<![CDATA[Geographical indications on a product can increase the economy if used and protected properly. However, not all registered Geographical Indication products experience significant price increases after certification, such as Sago Meranti. Therefore the role of the Geographical Indication Protection Society (GIPS) in post-certification governance is very important and influences the welfare of its members. This research is a normative-empirical research through a comparative approach using primary and secondary data. Based on the research, the results obtained were: 2. It is known that the implementation of Geographical Indications by the Sago Meranti Community Association (AMSM) has not been running optimally, marked by the not using the Geographical Indication logo on its product packaging which has not caused an increase in the price of Sago products, on the other hand, Geographical Indication Protection Society of Liberika Coffee Rangsang Meranti and Bareh Solok have experienced an increase in yield. production and price increases so as to have an impact on increasing the income of its members. 3. Alternative models used for Sago Meranti Community Association are a. Formation of legal policies by the Regional Government b. Management of quality and characteristics through the development of internal control guidelines, and 3. Marketing methods through the use of the Geographical Indication logo on product packaging and cooperation with the private sector and the Government.]]>
