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[Pelaksanaan Pendaftaran Hak Tanggungan yang Terintegrasi Secara Elektronik di Kabupaten Agam ]]>
<![CDATA[Satria, Angga]]>;
<![CDATA[Yakub, Yulizar]]>;
<![CDATA[Syuryani, Syuryani]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.899
<![CDATA[Based on Article 1 paragraph (1) of the UUHT, Mortgage Rights on land and objects related to land are security rights that are imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, along with or without other objects that are an integral part of the land, for the repayment of certain debts, which give priority to certain creditors against other creditors. Mortgage rights begin with a debt and credit agreement entered into by the debtor and his creditor. This is followed by the making of a deed of granting mortgage rights (APHT) made by a Land Deed Official (PPAT). Before 2020, APHT registration was carried out by PPAT at the Land Office directly or manually. This is different after 2020, APHT registration is carried out online or electronically, with the enactment of Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 5 of 2020 concerning Electronically Integrated Mortgage Services. In its implementation after the enactment of the aforementioned regulation, there are several problems in the Implementation of Electronic Registration of Deeds of Granting Mortgage in Agam Regency. With problems: 1) How is the implementation of electronically integrated Mortgage Rights registration in Agam Regency? 2) How are the obstacles and constraints to electronically integrated registration of mortgage rights in Agam Regency? This research uses an empirical juridical approach and the nature of the research is descriptive. The implementation of Electronic Registration of Deeds of Mortgage in Agam Regency has been running well and in accordance with applicable regulations and has fulfilled the principles of electronic registration of mortgage rights, namely fast, precise and easy. Meanwhile, there are still obstacles both at the land office, PPAT and banks. One of them is that there are still many land data that have not been validated and the lack of human resources at the land office. Meanwhile, in PPAT and banking, there are still errors in typing APHT and its application.]]>
<![CDATA[Kekuatan Pembuktian Surat Dibawah Tangan yang Dilegalisasi oleh Notaris (Studi Kasus Putusan Nomor 362/PID.B/2020/PN PDG) ]]>
<![CDATA[Nanda, Novitra]]>;
<![CDATA[Ismansyah, Ismansyah]]>;
<![CDATA[Fendri, Azmi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.900
<![CDATA[Humans as social beings are always in contact with other humans, where in human relations they often make agreements both verbally and in writing which lead to an agreement. An agreement made in writing intends to provide legal certainty and legal protection for both parties if a dispute occurs between them at any time. In a written agreement, the subject and object of the agreement will be clearly visible. While the object can be described as something that is done by the subject, namely things that are obligatory to the authorities against which party has the right. A written agreement can be made by private deed or by authentic deed. Authentic deed made by a Notary. Notary as a public official who is the only one authorized to make authentic deeds and other authorities determined by law. In court, if what is presented as evidence is only an underhanded deed considering the limited strength of evidence, then other supporting evidence is still being sought so that evidence is obtained which is considered sufficient to reach the truth according to law. Based on this, problems arise regarding: 1) What is the judge's consideration of Decision Number 362/Pid.B/2020/PN Pdg regarding private letters legalized by a Notary. 2) What are the legal consequences of private letters legalized by a Notary against Decision Number 362/Pid.B/2020/PN Pdg. This study uses the Normative method, namely by examining primary, secondary and tertiary legal materials. Based on the results of the research, the judge's consideration of Decision Number 362/Pid.B/2020/PN Pdg is related to private letters legalized by a Notary, proof of letters, namely the legalization of private deeds which only have formal evidentiary strength, namely the strength of evidence which provides certainty that an incident has actually occurred which is contained in the private deed by the parties and public officials have acknowledged it. single public prosecutor. The legal consequence of private documents legalized by a notary is that private deeds do not have perfect evidentiary legal consequences because they lie in the signatures of all parties to the agreement. An underhand deed only gives legal consequences of proof that are perfect for the benefit of the party to whom the signatory wants to provide evidence, while for third parties the legal consequences of proof are free.]]>
<![CDATA[Optimalisasi Hak Kekayaan Intelektual sebagai Harta Pailit ]]>
<![CDATA[Nirmala, Mustika Suri]]>;
<![CDATA[Wiguna, Jeniffer Natasha]]>;
<![CDATA[Saputra, Rizky Robbi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.901
<![CDATA[Bankruptcy is a condition where the debtor is unable to make payments on debts from creditors as obligations that should be fulfilled by him. The situation of inability to pay is generally caused by none other than the financial distress of the debtor's business that has regressed, which is then realized as bankruptcy through a court decision that results in a general confiscation of all assets of the bankrupt debtor, both wealth that at that time exists and wealth that will exist in the future. In the business world, there is one wealth that becomes an asset in the business world called Intellectual Property Rights (IPR). IPR is a right derived from the work, charity, and inventiveness of human intellectual abilities that have benefits and are useful in supporting human life and have economic value. So that the output of IPR as a benefit for its holders is that it can be commercialized and invite profits. However, in the legal framework in Indonesia, there is no normative arrangement that regulates the relationship between IPR as bankruptcy assets. So in this paper, the author tries to examine the relationship between the two using normative juridical research methods and using legislative approaches and conceptual approaches. As a result, by looking at various provisions related to assets, it can be concluded that IPR needs to be optimized as an asset in bankruptcy assets.]]>
<![CDATA[Analisis Yuridis Actio Pauliana terhadap Penyitaan Boedel Pailit (Studi Putusan Mahkamah Agung Nomor 560 K/Pdt.Sus-Pailit/2021) ]]>
<![CDATA[Maha, Havizah]]>;
<![CDATA[Lubis, Syaddan Dintara]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.902
<![CDATA[The Bankruptcy Law regulates actio pauliana. Bankruptcy cases in actio pauliana lawsuits are regulated in Article 41-42 of Law No. 37 of 2004 concerning Bankruptcy and PKPU and actio pauliana lawsuits in bankruptcy are the absolute authority of the curator, especially bankrupt debtors in a state of insolvency. However, the Supreme Court through Decision Number 560 K/Pdt.Sus-Pailit/2021 canceled the Actio Pauliana decision in the Medan Commercial Court decision Number 3/Pdt.Sus-lain other/PN Niaga Mdn and Case Register Number 1/Pdt.Sus-Actio Pauliana /2018/PN.Niaga.Mdn Jo Number 16/Pdt.Sus-PKPU/2017/PN Niaga Medan The Commercial Court has granted the actio Pauliana submitted by the Curator. The purpose of this writing is to analyze why the Supreme Court canceled the actio pauliana which had been granted by the Medan Commercial Court. The method used is normative juridical with a statutory approach and court decisions. The results of the study show that the actio pauliana case does not fulfill the elements of "other matters" in article 3 paragraph one (1), namely that the third party's resistance to the confiscation was not included in the proceedings but the third party had previously intervened but was rejected. If you look at the requirements for the actio pauliana lawsuit in accordance with Law No. 37 of 2004 concerning Bankruptcy and PKPU, it has met the requirements.]]>
<![CDATA[Akibat Hukum Benda Objek Jaminan Fidusia yang diajukan Jaminan Ulang Hak Jaminan atas Resi Gudang ]]>
<![CDATA[Sriwidyandiyo, Soegih Rasyad]]>;
<![CDATA[Waluyo, Felia Ramadhanty]]>;
<![CDATA[Ghaziya, Nataya Shafa]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.903
<![CDATA[The purpose of this legal article is to identify whether the act of re-securing a Fiduciary Security Object through the granting of a Security Right over a Warehouse Receipt has a valid legal basis and the legal implications that arise. The approach adopted in this article involves analyzing the statutory aspects as well as the conceptual approach. The results of this study reveal that there are potential similarities in the category of collateral objects between fiduciary guarantees and warehouse receipt security rights. This situation has the potential to create problems. The regulation regarding the object of fiduciary guarantee is regulated in Law No. 42/1999 on Fiduciary Guarantee, while the object of guarantee relating to the Security Right on Warehouse Receipt is regulated in Law No. 9/2006 on Warehouse Receipt System, as amended through Law No. 9/2011 on Warehouse Receipt System. It is known that the act of applying for re-collateralization of the object of fiduciary guarantee through the granting of security rights over warehouse receipts does not have a strong legal basis and has the potential to cause legal consequences for the existence of the agreement and the position of creditors in the agreement.]]>
<![CDATA[PERANAN KONSULTAN LINGKUNGAN DALAM PEMBUATAN DOKUMEN AMDAL ]]>
<![CDATA[Fatchullah, Muchamad Ja'abik]]>;
<![CDATA[Putrijanti, Aju]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.904
<![CDATA[Tidak semua orang dapat membuat dokumen lingkungan yang benar sesuai dengan yang disyaratkan oleh Undang-Undang. Dikarenakan hanya sedikit orang saja di Indonesia yang diberikan wewenang membuat ini, sehingga tidak banyak tinjauan konsultan lingkungan. Tujuan penulisan ini untuk mendapatkan pemahaman lebih lanjut mengenai konsultan lingkungan, dengan metode yang digunakan adalah normative-deskriptif. AMDAL adalah Kajian dampak penting pada Lingkungan Hidup dari suatu usaha dan/atau kegiatan yang direncanakan, untuk digunakan sebagai prasyarat pengambilan keputusan tentang penyelenggaraan usaha . Konsultan Lingkungan berperan sangat penting dalam penyusunan suatu dokumen lingkungan yang dalam penyusunannya berperan sebagai tim ahli yang telah bersertifikat ATPA.]]>
<![CDATA[Pemberlakuan Pidana Mati Bagi Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak dalam Upaya Perlindungan Hak Anak ]]>
<![CDATA[Kantosa, Melia]]>;
<![CDATA[Yoserwan, Yoserwan]]>;
<![CDATA[Elvandari, Siska]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.905
<![CDATA[Sexual violence is a form of crime in society whose development is increasingly diverse in terms of its motives, nature, form, intensity and modus operandi. As a social reality, the problem of sexual violence cannot be avoided and has always existed, giving rise to anxiety, because sexual violence is considered a disturbance to the welfare of society and its environment. Cases of sexual violence that are rife at this time occur in early childhood committed by Herry Wirawan against 13 of his female students, this can cause deep trauma and destroy a child's future. The form of law enforcement for Herry Wirawan is being sentenced to death. However, the National Commission for the Protection of Human Rights had given a rejection and protection of human rights to Herry Wirawan's death penalty because it was considered that this sentence was not in accordance with human rights. To answer this question, it is necessary to know how the death penalty exists in the new Criminal Code and what forms of legal protection for victims and children resulting from sexual violence committed by Herry Wirawan. This research is a type of legal research using a normative juridical legal research approach. The results of this study indicate that the death penalty provisions in the new Criminal Code are no longer the same as capital punishment in the Dutch heritage Criminal Code. Death penalty in the Dutch heritage Penal Code is known as the main criminal sanction with the first order, while the death penalty in the new Penal Code is no longer a type of principal punishment but only as an alternative punishment for certain criminal acts specified in the law. And the perpetrator was sentenced to death to pay restitution of Rp. 322,923,122.00 and confiscated all of Herry Wiwan's assets/assets to be used for the education and survival costs of the victims' children and their babies until they were adults and married.]]>
<![CDATA[Kedudukan Hukum Alat Bukti Petunjuk Rekaman Cctv Oleh Hakim Dalam Menjatuhi Hukuman Pidana (Studi Kasus Putusan NO.141/PID.B/2018/PN SLW/Pengadilan Negri Slawi) ]]>
<![CDATA[Yanuarita, Ika]]>;
<![CDATA[Megawati, Wenny]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.906
<![CDATA[This research discusses the legal position of CCTV footage evidence by judges in sentencing criminal law (Case Study of Decision No.141/PID.B/2018/PN SLW/Slawi District Court). The type used in this research is normative juridical. Normative juridical where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for human behavior that are considered appropriate. In this case study, the authors examine decisions related to the research topic, namely Decision No.141/PID.B/2018/PN SLW/Slawi District Court. The decision is a decision in a criminal case of theft using Close Circuite Television (CCTV) evidence. The data analysis method used in this study is a qualitative analysis method. Data obtained from the results of the literature, juridically, will be presented and analyzed based on the theory of criminal law and applicable legal regulations, so that from here correct and objective conclusions will be obtained about the legal position of evidence of CCTV recording instructions by judges in sentencing criminal sentences. The results of this study are: 1) The position of CCTV footage as evidence in the criminal justice process in the Slawi District Court case study does not include evidence. However, the CCTV along the toll road up to Tegal was used as evidence by the Slawi District Court and the public prosecutor because there was information from experts; and 2) The judge's consideration of the CCTV footage as valid evidence in a crime in the decision of the Panel of Judges makes the CCTV footage a reinforcement of the statements of witnesses presented in the investigation and supported by expert testimony.]]>
<![CDATA[Perlindungan Hukum Terhadap Pembeli Rumah Bersubsidi Perspektif Kompilasi Hukum Ekonomi Syariah Di Kecamatan Percut Sei Tuan Kabupaten Deli Serdang ]]>
<![CDATA[Hasibuan, Zainuddin]]>;
<![CDATA[Marlina Tarigan, Tetty]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.907
<![CDATA[This research departs from the case that occurred at Griya Widuri Housing, where the state and the housing organizer, namely the developer, were deemed unable to carry outtheir obligations as they should, thus sacrificing the rights that consumers should have, namely a comfortable and safe place to live. This is due to the role of unscrupulous local residents who force and threaten their comfort and security if they do not use their services as construction workers in the housing organization area. This type of research is field research. This research approach is a sociological legal approach, using qualitative methods. The location of this research was carried out at the Griya Widuri Housing complex located at Jl. Sugeng, Sumber Rejo Timur district Percut Sei Tuan, Deli Serdang Regency, North Sumatra. The research uses primary data, namely interviews with consumers of Griya Widuri Housing, while the primary legal material is the Republic of Indonesia Supreme Court Regulation Number 2 of 2008 concerning the Compilation of Sharia Economic Law and Law Number 1 of 2011 concerning Housing and Settlement Areas. In this study, the researcher concluded that based on the Compilation of Sharia Economic Law, every transaction in Islam must be able to protect the interests and rights of consumers in replacing or covering losses experienced by consumers. So that housing developers guarantee that the quality of house buildings complies with applicable quality standards, also guaranteeing the creation of housing that is healthy, safe, harmonious and sustainable.]]>
<![CDATA[Kewajiban Penyertaan Kartu BPJS Kesehatan Pada Transaksi Jual Beli Tanah dan Bangunan dalam Rangka Optimalisasi Program BPJS (Studi Inpres Nomor 1 Tahun 2022 Tentang Optimalisasi Pelaksanaan Program Jaminan Kesehatan) ]]>
<![CDATA[Saputra, Muhamad Aditya]]>;
<![CDATA[Musyafah, Aisyah Ayu]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.908
<![CDATA[To optimize the implementation of the national health insurance program (JKN), increase accessibility to quality medical services, and ensure the sustainability of the JKN program, President Joko Widodo issued Presidential Instruction (Inpres) no. One of 2022 concerning optimizing the implementation of the JKN program which was issued on January 6, 2022 The Minister of ATR/BPN was instructed by the president to guarantee that applicants for registration of transfer of land rights due to a sale and purchase are those who are active participants in the JKN program. The research method in this study is a type of normative legal research. Through the study of literature and other legal materials, the material is then analyzed through legal interpretation both functionally and teleologically and then conclusions will be drawn using the deductive method. The conclusion is that in selling land purchases without including the BPJS Health card, it is still valid based on PP no. 24 of 1997, but as an effort to make the JKN program optimally sustainable, the government also implies the BPJS Health card as a requirement in buying and selling land.]]>
