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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
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
Search results for , issue "Vol. 6 No. 1 (2023)" : 744 Documents clear
Pemenuhan Hak Anak Bawaan Narapidana Wanita yang Tinggal dan Masuk Pada Lingkungan Lembaga Pemasyarakatan Putri, Tarisa Veronika; Subroto, Mitro
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.v6i1.909

Abstract

This study aims to determine the rights obtained by every child of female prisoners who live and enter the correctional environment. The research method used in this research is a qualitative research method that emphasizes the phenomenon and the meaning of the phenomenon which is then analyzed by the norms in the existing laws and regulations. The data source used is secondary data in the form of laws and regulations, policies, literature, previous research results, and other related documents. The results showed that there are already laws and policies that have regulated the fulfillment of the rights of children born to women prisoners both international and national regulations, although there are no guidelines related to the fulfillment of these rights, as well as the discovery of obstacles in the form of regulations, budgeting, human resources, facilities and infrastructure and cooperation in fulfilling the rights of children born to women prisoners so that it is hoped that the drafting of regulations to overcome this.
Tinjauan Viktimologi Terhadap Anak dalam Tindak Pidana Penyalahgunaan Narkotika Dianti, Anisa Rahma; Firmansyah, Hery
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.v6i1.910

Abstract

In facing the issue of drug abuse, Indonesia and ASEAN countries have committed to combating this global threat through various regional and international programs and cooperation. Despite Indonesia having relevant drug laws since 1997, the increasing complexity of drug abuse prompted a revision of these laws in 2009. The Narcotics Law defines narcotics as drugs that can be used for specific medical treatments, but when abused, can endanger society, especially the younger generation. Therefore, the law focuses on the abuse and trafficking of narcotics. However, addressing this issue is not easy as narcotics are an organized transnational crime. This article also discusses various terms related to drug use, including addicts, abusers, victims of drug abuse, and former addicts. The articles in the Narcotics Law also state sanctions for drug abusers, with an emphasis on medical and social rehabilitation. The importance of protecting children from drug abuse is also emphasized, with an explanation of the categories of children applicable in Indonesia. Children involved in drug abuse should receive legal protection in accordance with child protection laws. Furthermore, this article also discusses diversion as a restorative justice approach used in handling cases of drug abuse by children.
Perlindungan Hukum Dokter Program Pendidikan Dokter Spesialis (PPDS) Terhadap Pelimpahan Wewenang Dokter Spesialis dalam Pelayanan Medis di Rumah Sakit (Studi Kasus di Rumah Sakit Umum Pusat Dr. M. Djamil Padang Bagian Obstetri dan Ginekologi) Adnani, Nadia Tiara Syahredi; Syofyan, Syofirman; Mannas, Yussy Adelina
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.v6i1.911

Abstract

The doctor's service at a hospital, becomes the future cycle of the hospital itself in the middle of society. The impact of a service and the acceleration of services performed by doctors and other medical personnel will have an impact, both positive and negative, on the image of the hospital. Legal questions that may arise from the hospital service when the medical action that should be performed by the doctor responsible for the patient but carried out by the general practitioner. Medical action carried out by a caregiver against a patient will be a legal issue for doctors and hospitals when such action is detrimental to the patient, while such an action is a fulfilment of the duty that should be performed by the Patient Responsible Doctor.
Pertanggungjawaban Pidana Pers dalam Tindak Pidana Pencemaran Nama Baik Dihubungkan dengan Undang-Undang Nomor 40 Tahun 1999 Tentang Pers (Studi Putusan Nomor 46./Pid.Sus/2021/Pn.Pip) Nurdin, Nurdin; Guntara, Deny; Abas, Muhamad
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.v6i1.912

Abstract

In a democratic country, press freedom is very important. As one of the pillars of democracy, the Press Institution has an important role in translating the value of freedom of opinion, obtaining reliable information, and trying to unite the nation. Press workers believe that the detention of columnists during this fair period has really stifled the imagination of press workers and endangered opportunities for articulation as guaranteed in the constitution and Law Number 40 of 1999 concerning the Press. Law Number 40 of 1999 concerning Press Review Decision Number 46./Pid relates to the issues raised in this article regarding criminal liability of the press for acts of defamation. Based on Law Number 40 of 1999 concerning the Press, the person responsible for news material is the media editor, usually represented by the Editor-in-Chief (Pemred), if legal collection occurs. This article uses a normative method to determine the criminal liability of the press. A press regulatory responsibility framework could also be imposed on press organizations. “Vicarious Liability” is the term for this kind of responsibility.
Keabsahan Perdamaian Kedua oleh Debitor Pailit dalam Proses Penundaan Kewajiban Pembayaran Utang (PKPU) Jamaludin, Achmad Sidik; Francis, Friedmus Imanuel; Adi, Joko Kuncoro; Assyadili, Alif Azis
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.v6i1.913

Abstract

Article 292 of the Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt stipulates that reconciliation cannot be resubmitted by the debtor. Case in Decision Number 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby. it was found that there were bankrupt debtors who proposed a second peace, as well as ratification of the peace by the panel of judges. Based on this, of course there is a discrepancy in the implementation of the second reconciliation based on the provisions of the laws and regulations in the PKPU process. The purpose of this study is to explore the judge's basis for implementing the second peace in the PKPU process and the legal consequences of implementing the second peace. In addition, it also aims to explore the legitimacy of the second peace. This study uses a type of normative juridical method, with a statutory regulation approach, a case approach, and a conceptual approach. The results of the study show that the basis of the judge used to implement the second reconciliation proposed by the bankrupt debtor is non-juridical in nature. The legitimacy of the second reconciliation proposed by the bankrupt debtor thus needs to be doubted, bearing in mind that the statutory provisions do not regulate this. Renewal of laws and regulations related to the second reconciliation by the bankrupt debtor thus becomes an urgency to be realized, in order to create legal certainty as well as justice for the parties.
Analisis Yuridis Penyimpanan Minuta Akta Notaris Secara Elektronik Embang, Thea Farina; Sudiarti, Elin
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.v6i1.914

Abstract

Several studies explain that there is overlap between the duties of a notary and electronic storage of notarial deeds which is very rare in Indonesia. Using a digital-based deed, such as the minutes of an electronic notary deed, is still difficult to accept. This study aims to look at the study of juridical law enabling fast-paced information technology to be utilized to digitize minutes of notarial deeds. This approach is a qualitative study based on normative legal procedures. Based on the findings, using minutes of notarial deeds electronically is not yet possible in Indonesia at this time.
Perlindungan Hukum Kerugian Franchisee Akibat Perbuatan Melawan Hukum Dalam Perjanjian Waralaba Hanashobu Japanese Noodle Bar Nur Annisa, Putri; Andraini, Fitika
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.v6i1.915

Abstract

The franchise case fulfills an unlawful act in the case of the Surabaya court decision number 837/Pdt.G/2021/Pn.Sby because the procedure is not in accordance with PP NO.42 of 2007 concerning Franchising and PERMENDAG NO. 31/M-DAG/PER/8/2008 causing losses to franchisees. In the franchise agreement there must be a franchise registration certificate, but in the hanashobu japanese noodle bar franchise agreement there is no STPW. This research is a normative research with descriptive analysis research method. Analysis of the Surabaya court decision number 837/Pdt.G/2021/Pn.Sby. The research results conclude that legal protection is given after a dispute arises or is resolved. In this case the franchisee filed a lawsuit with the Surabaya District Court to get the fairest decision. secondly, after the agreement is declared null and void, the franchisor is responsible for returning the franchisee's losses, both material and immaterial.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Oleh Dinas Pemberdayaan Perempuan, Perlindungan Anak, Pengendalian Penduduk, dan Keluarga Berencana (Dp3ap2kb) Kota Padang Trisanti, Trisanti; Zurnetti, Aria; Khairani, Khairani
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.v6i1.916

Abstract

Children are very vulnerable to becoming victims of crime, many children are targets of acts of violence. In Padang city violence against children in 2021 there was 63 cases of violence recorded. Based on Article 59 paragraph (1) of Law Number 35 of 2014 concerning Child Protection, local governments are obliged to provide protection for child victims. This research focuses on two issues, First: How is the legal protection of child victims of violent crimes committed by DP3AP2KB Padang City, Second: How is the implementation of legal protection for child victims of violent crimes committed by DP3AP2KB Padang City.This study uses empirical juridical research methods with analytical descriptive characteristics. Sources were obtained from interviews, reports and documents. Secondary data comes from related laws and regulations, articles, journals, and internet sites. The results of the research, First, the legal protection carried out by DP3AP2KB is to provide consulting services and legal process assistance to ensure the fulfillment of children's rights so that they can recover and be able to carry out social functions in their environment, social field. Second, the implementation of legal protection for child victims of violent crimes by DP3AP2KB experienced several obstacles, namely a lack of human resources, a lack of special experts such as child clinical psychologists and a lack of budget, facilities and infrastructure. so it must coordinate with other agencies.
Penerapan Perjanjian Jual Beli Online di Aplikasi Shopee Berdasarkan KUHPERDATA Dan UU ITE Choiril Ilham, Priambudi; Saputra, Arikha
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.v6i1.917

Abstract

One of the e-commerce that is often used is shopee. In online shopping consumers decide to buy a product with the best reviews. However, in reality, the best rating cannot guarantee that violations will not occur. This could have happened due to the negligence of the seller, user, or expeditionary party. For this reason, Shopee is required to provide assurance regarding online buying and selling agreements and the claim mechanism for these violations in accordance with the Civil Code and Law Number 19 of 2016 concerning ITE. This type of research is normative juridical research with descriptive analytical research methods. Analysis is carried out to obtain clear, systematic and detailed results. The research results in the online sale and purchase agreement must comply with the provisions for effective communication, personal data protection, compliance with consumer protection, use of good policies and procedures, contractual responsibility, timely refunds, and compensation for losses. The mechanism for the claim process carried out by the shopee party in violation of the online buying and selling agreement at shopee is carried out on the principle of good faith, which is the implementation of the UUPK.
Pengeboran Minyak Bumi Secara Ilegal di Aceh Perspektif Fiqih Siyasah (Studi Kasus Tambang Minyak Ilegal di Aceh) Maulana, Faiz Ahwal; Lubis, Syofiaty
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.v6i1.919

Abstract

Illegal oil drilling in Aceh from the perspective of siyasah fiqh is a violation of state law and order. Fiqa siyasah or political fiqh is a part of the science of fiqh which discusses the relationship between the government and the people, as well as procedures for governing the state. In Siyasah fiqh, the government must protect public interests and uphold justice in society. The research method used in this writing is a normative juridical type of research (legal research), namely research that focuses on examining the application of rules or norms in positive law. Drilling illegal oil wells is a criminal act, carried out by the community to produce oil using traditional drilling tools such as used pipes and used tanks, without permission from the government and without considering the risks to the surrounding environment. That law enforcement for oil drilling perpetrators does not have to wait for the activity to be classified as an extra ordinary crime.

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