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[Pemahaman Hukum terhadap Kejahatan Pemilihan Umum Kepala Daerah yang Dilakukan oleh Aparatur Sipil Negara ]]>
<![CDATA[Baharuddin Badaru]]>
<![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.v6i1.850
<![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[Sry Wahyuni]]>;
<![CDATA[Yoserwan Yoserwan]]>
<![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.v6i1.851
<![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[Siti Lauriyanti Imran]]>;
<![CDATA[Rembrandt Rembrandt]]>;
<![CDATA[Yussy Adelina Mannas]]>
<![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.v6i1.852
<![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[Pujha Setiawan J]]>;
<![CDATA[Azmi Fendri]]>;
<![CDATA[Syofiarti Syofiarti]]>
<![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.v6i1.853
<![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[Asad Shadiq]]>;
<![CDATA[Sukmareni Sukmareni]]>;
<![CDATA[Riki Zulfiko]]>
<![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.v6i1.854
<![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[Reza Sri Maulani]]>;
<![CDATA[Ismansyah Ismansyah]]>;
<![CDATA[Syofiarti Syofiarti]]>
<![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.v6i1.855
<![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[Andre Mulya Erpendi]]>;
<![CDATA[Sukmaren Sukmaren]]>;
<![CDATA[Syaiful Munandar]]>
<![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.v6i1.856
<![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[Ihsan Kurniawan]]>;
<![CDATA[Nuzul Rahmayani]]>;
<![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.v6i1.857
<![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.]]>
<![CDATA[Pengisian Jabatan Sekretaris Daerah di Sumatera Barat dalam Rangka Penerapan Sistem Merit ]]>
<![CDATA[Saufa Atika Ulya]]>;
<![CDATA[Khairani Lubis]]>;
<![CDATA[Hengky Andora]]>
<![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.v6i1.858
<![CDATA[This study aims to find out how to fill the position of Regional Secretary in West Sumatra in the context of implementing the merit system. This research was conducted to find out how it was implemented and what factors influenced the Application of the Merit System in the Open Selection of Regional Secretaries in West Sumatra. The research method used is using a qualitative descriptive approach. In collecting data the author uses the interview method. The author performs data analysis by processing data, studying documents and drawing conclusions. The results of this study are to answer research questions related to the Filling of the Position of Regional Secretary in West Sumatra in the Context of Implementing the Merit System which is still not optimal. Even though the Government of West Sumatra has carried out all stages of the selection, be it the preparation, implementation, as well as monitoring and evaluation stages, in terms of compliance with the Application of the Merit System in the Open Selection of Regional Secretaries in West Sumatra, the implementation has not been optimal. This can be seen from several aspects that have not been implemented optimally. For optimal application of the Merit System, the Regional Government must already have competency standards for all positions, especially in filling the position of Regional Secretary.]]>
<![CDATA[Penyelesaian Sengketa Waris Tanah Pusako Tinggi sebagai Tanah Adat melalui Pengadilan Agama Kelas 1a Padang ]]>
<![CDATA[Rizki Fajri Iasra]]>;
<![CDATA[Yaswirman Yaswirman]]>;
<![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.v6i1.859
<![CDATA[Indonesia is a country that has ethnic and cultural diversity, this becomes an advantage as well as a weakness if the government is not able to develop rules and policies that represent the needs of its citizens.This can be seen in the system of inheritance distribution in Indonesia which adheres to three systems of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Indonesian Civil Inheritance Law. The legal system of heirs is influenced by the kinship system owned by a region. Indonesia knows 3 (three) kinship systems, namely matrilineal, patrilineal and parental kinship systems. The matrilineal kinship system sees the maternal lineage, the patrilineal kinship system sees the paternal lineage, and the parental kinship system sees the maternal and maternal lineage. The Minangkabau are a growing tribe in West Sumatra Province, where the people adopt a matrilineal kinship system, a kinship system and the Inheritance is inherited according to the lineage of the Mother. This means that boys and girls and their families, including racism mother, who inherited the property. Basic on decision No 292 / K / Ag / 2019 that the origin of the land on the decision proved to be the executor of Appeal, but still devolved court Religion. This is contrary to the West Sumatra Regional Regulation No. 16 of 2008 Article 12 paragraph 2 on Ulayat Land and its Use, if the peace decision is not accepted by the disputing party as referred to in paragraph 1 then the disputing parties may take the matter to the District Court. It is clear that the regulation states that the Religious Court does not have the authority to examine and adjudicate matters a quo. Inheritance of High Estate in Minangkabau is only regulated in the provisions of customary law which sometimes when there is a dispute over the division of heirs of High Estate, often overrides the provisions of customary law in resolving disputes so that in its application some rules even make the essentials of High Estate reduced or even lost.]]>
