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[Sinergitas Peran Kepolisian dan Masyarakat dalam Menanggulangi Balapan Liar di Kota Padang ]]>
<![CDATA[Winaldo Winaldo]]>;
<![CDATA[Fitriati Fitriati]]>;
<![CDATA[Bisma Putra Pratama]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.840
<![CDATA[Article 115 of Law Number 22 of 2009 concerning Road Traffic and Transportation (UU LLAJ) regulates the prohibition of illegal racing. This research is an empirical juridical research. The handling of wild races in the City of Padang by the Padang Traffic Police with synergy between the Padang Traffic Police and the Community in tackling illegal racing in the City of Padang is carried out preventively with community leaders by conducting outreach to schools, in print and electronic media. Making banners on the streets, broadcasting on the radio, social media such as Instagram by involving respected community leaders in the illegal racing area. Patrol activities to create conditions at night with people who carry out patrols at night. Patrols are carried out by walking along streets that have the potential to be used as places for speeding. Supervision at posts that are prone to wild racing with the local community. Repsentially, the synergy with the community is that the community helps officers search for illegal racers. The obstacle in the synergy between the Padang Traffic Police and the community in tackling illegal racing in the city of Padang is that there are still people who do not want to assist police officers in catching and raiding illegal racers. Because the large number of illegal racers who have been caught in cases of illegal racing in the city of Padang is not proportional to the number of police personnel who are on night picket duty. The level of legal awareness of the people of Padang City to comply with traffic rules is very low. Society that is less corporative by becoming spectators of wild racing, there are workshops and motorcycle gangs that provoke teenagers, there is betting (gambling), lack of attention and supervision of parents towards children, lack of facilities and infrastructure, and lack of funds to channel the hobby of racing.]]>
<![CDATA[Penertiban Penggunaan Jalan di Luar Fungsi oleh Satuan Lalulintas Kepolisian Resor Kota Padang untuk Mencegah Terjadinya Kecelakaan Lalulintas ]]>
<![CDATA[Undra Putra]]>;
<![CDATA[Susi Delmiati]]>;
<![CDATA[Philips A. Kana]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.841
<![CDATA[Article 127 paragraph (1) in conjunction with Article 128 of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates the use of roads outside their functions. This research is an empirical juridical research. The role of Satlantas Polresta Padang in controlling the use of roads outside the function to prevent traffic accidents is to regulate, guide, and/or supervise. Use of public roads for personal purposes for parties must obtain permission from the Police. The consideration for granting permission to use a road for personal gain by the Police is that there are alternative roads that can be used by the public so that they do not hinder traffic activities and that there are road markings that can provide indications that the road cannot be traversed, that road use cannot be carried out by completely closing the entire body. road. Forms of law enforcement by giving warnings and making forced efforts. Not yet in the jurisdiction of the Padang Police Traffic Unit has been subject to criminal sanctions for this violation. Obstacles in controlling the use of non-functional roads to prevent traffic accidents by the Padang Traffic Police, namely the insufficient number of police personnel to supervise and control the use of non-functional roads, lack of dissemination of laws and regulations regarding criminal threats to the use of roads outside of functions. Lack of coordination and cooperation between the Police and the local government, namely RT/RW, Kelurahan, to the Government of each sub-district within the city of Padang in this case, concrete actions taken by RT/RW, Kelurahan Government, and the National Police as law enforcers to curb the use of way outside the function.]]>
<![CDATA[Kewenangan Dinas Pemadam Kebakaran dalam Pelayanan Non Kebakaran sebagai Upaya Peningkatan Pelayanan Publik (Studi Di Kabupaten Lima Puluh Kota) ]]>
<![CDATA[Syukri Anda]]>;
<![CDATA[Darmini Roza]]>;
<![CDATA[Philips A. Kana]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.842
<![CDATA[Regional Regulation Number 15 of 2016 Concerning the Formation of Regional Structures and Devices, the Fifty Cities District Fire Service has been independent and has effectively carried out its duties since January 2017 which has the task of providing services, one of which is non-rooted services. The results of the study can be explained that the authority of the Fire Department in Non- Fire Services in Fifty Cities District refers to the Fifty Cities District Regulation Number 4 of 2020, namely: Disaster Victim Rescue, evacuation of threats to life or property, evacuation of animal safety and providing support for governance and community services. Constraints faced by the Fire Service of the Lima Puluh Kota Regency in public services in the field of non-fire services a) lack of impartiality in budgeting policies for the implementation of non-fire services b) lack of optimal utilization of non-fire services by related OPDs. c) there is not yet an understanding between OPDs regarding fire fighting duties in these non-fire services. d) Inadequate information and communication in some villages/communities. f) not all people understand the duties of the Fire Service in non-fire services, g) inadequate performance of fire and disaster management apparatus and institutions, and h) lack of effective coordination. And efforts to overcome the obstacles faced by the Fire Department of the Fifty Cities Regency in public services in the field of non-immortal services are a) increasing budgetary policies, b) unifying understanding between OPDs related to fire fighting duties in non-fire services. c) informing and communicating the authority of firefighters in non-fire services. d) outreach to the public in order to understand the duties of the fire department in non-fire services. e) increasing the number of human resources both in terms of quality and quantity.]]>
<![CDATA[Peralihan Hak Milik atas Tanah berdasarkan Hibah Wasiat dengan Penerima Wasiat Meninggal Dunia di Provinsi Sumatera Barat ]]>
<![CDATA[Maria Susanti]]>;
<![CDATA[Azmi Fendri Fendri]]>;
<![CDATA[Yasniwati Yasniwati]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.843
<![CDATA[A person who dies does not stipulate everything regarding his inheritance, so the distribution of the assets left behind will be carried out based on the law (ab intestato). Meanwhile, if someone before he died had written his will in a deed, then his inheritance was divided based on a will (testament). The legal consequences of the will if the beneficiary dies before the transfer of land rights is carried out, namely: a) If the beneficiary dies before the testator or testator dies, the will is declared null and void, b) If the beneficiary dies after the giver of the will dies first world, the will remains valid due to the validity of the gift based on a will, namely after the giver of the will dies.]]>
<![CDATA[Pengaturan Pendaftaran Tanah Timbul (Aanslibing) dalam Rangka Mewujudkan Kepastian Hukum di Indonesia ]]>
<![CDATA[Marrio Ekasaputra]]>;
<![CDATA[Iyah Faniyah]]>;
<![CDATA[Otong Rosadi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.844
<![CDATA[Land is the main source of people's prosperity and well-being. In an effort to control and own limited areas of land, sometimes people try to control and own emerging land. There is no definite data on the extent of state land originating from emerging land, so the process of controlling emerging land is outside the state's control. The BAL does not specifically regulate the issue of emerging land, but in a general formulation, that emerging land is under state control. Judicial regulation regarding emerging land, starting with the Minister of State for Agrarian Affairs Decree Number 410-1293 of 1996 concerning Controlling the Status of Rising Land and Reclamation Land and ATR/KBPN Ministerial Regulation No. 17 of 2016 concerning Land Management in Coastal Areas and Small Islands and PP no. 16 of 2004 concerning Land Use Management. Until now there has not been found a law that strictly regulates the existence of land arising. This research is a legal research with descriptive analytical research specifications. The approach used in this study is a normative juridical approach. The data used are secondary data obtained through library research and document studies. The data was then analyzed qualitatively and presented in a qualitative descriptive form.]]>
<![CDATA[Analisis Perlindungan Hukum terhadap Hak Cipta Karya Tulis yang Berjudul Hologramisasi atau Kinegramisasi (Putusan Nomor: 9/Pdt.Sus-Hak Cipta/2020/Pn.Jkt.Pst) ]]>
<![CDATA[Rahmat Fernando]]>;
<![CDATA[Anggun Lestari Suryamizon]]>;
<![CDATA[Jasman Nazar]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.845
<![CDATA[Intellectual Property Rights (IPR) are exclusive rights to intellectual property that arise or are born due to human intellectual abilities. From the word intellectual, it is reflected that the source of such wealth is intelligence or the result of human thought which gives birth to intellectual works in the fields of science, art, literature and technology that are beneficial to humans. In connection with the enactment of copyright law protection regulations stipulated in Law Number 28 of 2014 concerning Copyright (hereinafter referred to as the UUHC) with the hope of guaranteeing legal certainty and protection of copyright law itself. In writing this journal, researchers raised several issues, namely legal protection related to the judge's decision on case No. 9/Pdt.Sus-Copyright/2020/PN.Jkt.Pst). This study uses a normative method, which is a process to find legal rules, legal principles, and legal doctrines to answer the legal issues at hand. Normative research does not need to start with a hypothesis, therefore the terms independent variable and dependent variable are unknown in normative research, the data used in this study are primary data, secondary data and tertiary data. This research is based on laws and regulations, books, texts, judge's decisions and journals related to legal protection and legal remedies. Based on the case of researchers regarding violations related to plagiarism of written works committed by a person named Kasim Tarigan and registering the results of plagiarism of his writings at the Directorate General of Intellectual Property (DJKI), where the crime can be subject to civil damages by formal law and material law, as well included in the demands for unlawful acts (PMH). As explained in the provisions of article 1365 of the Civil Code "Any act that violates the law and harms other people requires the person who caused the loss because of his mistake to compensate for the loss".]]>
<![CDATA[Bentuk Ganti Rugi atas Penyalahgunaan Kartu Atm oleh Pendamping Program Keluarga Harapan Perspektif Wahbah Az Zuhaili di Kota Tanjungbalai ]]>
<![CDATA[Sri Wardani Sirait]]>;
<![CDATA[Tetty Marlina Tarigan]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.846
<![CDATA[The Family Hope Program, hereinafter abbreviated as PKH, is cash assistance that is channeled through ATMs to make it easier for residents, but this has a low level of security so that it can harm residents as experienced by residents of Environment VII, Semulajadi Sub-District, Tanjungbalai City. The purpose of this study was to find out the arrangements for misusing other people's ATMs, the implementation and distribution of PKH in environment VII Semulajadi Village, Tanjungbalai City, and forms of compensation for ATM card misuse from the perspective of wahbah az zuhaili. This study uses field research methods (field research). This research is descriptive qualitative in nature. Data collection was carried out by means of interviews, observation and existing literature. Research results show that there is a discrepancy between the implementation and distribution of PKH between the field and regulations and according to Wahbah Az Zuhaili, the form of compensation for ATM card misuse is to compensate for losses in a similar form and the compensation requested by victims from PKH assistants is not in accordance with Wahbah Az Zuhaili's opinion regarding there are additional costs.]]>
<![CDATA[Penggunaan Tanda Tangan Berubah-Ubah oleh Pejabat Pembuat Akta Tanah (Ppat) di dalam Pembuatan Akta ]]>
<![CDATA[Muhammad Faiz]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.847
<![CDATA[This study discusses the use of arbitrary signatures by land deed officials (PPAT) in making deed. The object of this research is PPAT officials who are involved in making land deeds. The type of research in this research is normative, namely the type of research that uses secondary data (from the library) combined with primary data obtained by conducting field research, such as observations, interviews and surveys. The technique of collecting legal materials in this research was carried out by means of document studies or literature research, namely studies that examine various related documents, both statutory regulations and other documents. The material obtained is then processed and analyzed qualitatively, then presented descriptively, namely by explaining, describing and giving an overview in words of the findings from research that prioritizes the quality of the data. In analyzing legal materials, it begins with collecting legal materials and non-legal materials needed to answer the problem formulation. Both legal materials and non-legal materials are related to each other and then analyzed to find answers to the two problem formulations set forth in the research results and discussion chapter. The results of this study are: 1) The legal consequences of using a signature that changes by the PPAT in making a deed, then this is still justified by law. A different or changing signature is justified by law as long as the PPAT who affixes the signature confirms that it is his signature; 2) What is meant by perfect legal force of proof is that the evidence no longer needs to be supplemented or supported by other evidence.]]>
<![CDATA[Kedudukan Notaris dalam Penyimpanan Sertipikat pada Masa Pelaksanaan Perjanjian Pengikatan Jual Beli di Kota Padang ]]>
<![CDATA[Irma Aisyah]]>;
<![CDATA[Busyra Azheri]]>;
<![CDATA[Muhammad Hasbi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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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[Zul Kifli ZA]]>;
<![CDATA[Sakka Pati]]>;
<![CDATA[Aulia Rifai]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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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.]]>
