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
Articles
744 Documents
Search results for
, issue
"Vol. 6 No. 1 (2023)"
:
744 Documents
clear
Uang-Uang Yang Dapat Ditatausakan oleh Balai Harta Peninggalan
Anastasia, Evi
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.v6i1.1219
Probate Office is a technical implementation unit under Directorate General of Legal Administrative Affairs of Ministry of Law and Human Rights, have some authority, among them is to administer money, obtained from sales or rent from asset belongs to person who is absence, unattended asset, other asset because of law, and other asset because court ruling or order. Ministerial Decree of Law and Human Rights Number 20 Year 2019 Regarding Administration of Third Party Money does not arrange about further definition about asset belongs to person who is absence and unattended asset but in Civil Code there was explanation regarding that. Meanwhile, assets because of law are assets that can be administrated by Probate Office because they are regulated by Indonesia Act. Furthermore, other asset because court ruling or order, can be administrated by Probate Office, because it legally binding, as evidence and executable. The research method used is normative judicial legal method are the method of collecting and referring to legal literature in order to study and analyse the problem.
Penyelesaian Sengketa Penanaman Modal Asing yang Melibatkan Badan Pemerintahan atau Institusi Indonesia Melalui Arbitrase
Monica Septyana, Farah
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.v6i1.1220
Globalization makes the non-physical boundaries between countries borderless. This condition opens the opportunity for foreign investment from one country to another. The proliferation of foreign investments in Indonesia has ignited a growing number of disputes between foreign investors and the Indonesian investors, the Indonesian government or related institutions. This study aims to learn more about the types of foreign investment dispute resolution in Indonesia, starting from deliberation to reach consensus, Alternative Dispute Resolution, litigation, and especially Arbitration which are the most widely used dispute settlement in Indonesia. This research is a normative legal research conducted using a normative juridical approach. Regarding foreign investment dispute settlement, foreign investors tend to avoid litigation and prefer settlement through arbitration. The position of arbitration as an investment dispute settlement is getting stronger with the existence of special arbitration institutions such as ICSID, UNCITRAL, and BANI, even more so with the recognition of international arbitral bodies or boards’s decisions which can be executed in other countries of the same ratification participants.
Politik Hukum Pembentukan dan Penerapan Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik
Ramadhani, Indiyastuti
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.v6i1.1221
This research discusses the role of legal politics in the formation and implementation of Law Number 11 of 2008 concerning Information and Electronic Transactions. The author's research focuses on how politics in law is used as a background and influences the government in issuing the Information and Electronic Transactions Law. In preparing this research, the author also discussed the role of legal politics in dealing with various problems in the implementation of the Information and Electronic Transactions Law through various decisions and coordination between law enforcement agencies and related ministries. The results of this research show that the formation, drafting and publication of the Information and Electronic Transactions Law was greatly influenced by the legal politics that existed at that time and that various problems in its implementation could be mitigated by an agreement between the police, prosecutor's office and the ministry in the field of communications and informatics through a joint decision letter in the context of enforcing criminal articles regulated in the Information and Electronic Transactions Law.
Skema Investasi Hibrida Pada Struktur Joint Venture dalam Penanaman Modal Asing Di Indonesia
Rizky Arie Syadewa, Mochammad
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.v6i1.1222
Foreign investment in Indonesia has an important role in driving the national economy, one of which is through direct foreign investment through joint ventures, however, there are still many foreign investment activities carried out under contractual schemes where the government and the state community the recipient of the investment is not actively involved. So, it is necessary to transform into a corporate joint venture scheme as an alternative to a hybrid investment scheme so that it can have a positive impact on the development of the Indonesian economy, namely ensuring the sustainability of business in Indonesia and actively involving the government and the community. This research was conducted with a conceptual approach. This research will be a reference for investment politics in Indonesia which is oriented towards the sustainability and active participation of investment recipient countries.
Potensi Benturan Kepentingan Direksi dengan Pemegang Saham dalam Perseroan Perorangan
Perindha Novera, Rahmah
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.v6i1.1223
In order to improve the ease of doing business, one of the measures taken by the government is to provide regulations related to Sole Proprietorship Companies by amending the Law on Limited Liability Companies through the Job Creation Law. The provision divides Limited Liability Companies into capital partnership legal entities and sole proprietorship legal entities. In a sole proprietorship legal entities, there is no clear division of company organs as in a capital partnership legal entity, so that the boundaries of responsibility between directors and shareholders become blurred, it is difficult to determine when the owner acts as a director or shareholder. Meanwhile, directors and shareholders have different authorities and responsibilities. For this reason, it is necessary that the shareholder and director options are different people, so that there is a separation between shareholders and directors. This research uses normative legal research methods by examining primary legal materials in the form of laws and regulations related to individual companies; secondary legal materials in the form of textbooks, legal journals, articles, legal expert opinions; and tertiary legal materials, in the form of news from the mass media.
Investasi Asing dalam Aspek Pembangunan Politik Menurut Pandangan Organski
Satriya Wicaksana, Ramadhan
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.v6i1.1224
The government is actively engaged in infrastructure development in various regions of Indonesia. This development is often viewed as a challenging project due to its high budget requirements. However, many consider the current development to be a long-term endeavor, the impacts of which will be felt in the next 10 to 15 years. The development being undertaken is seen as necessary to catch up with the previous era's development. In response to this, the government has implemented various investment schemes to expedite the development process so that its results can be swiftly experienced by the public. In connection with this, the author is interested in conducting research on this topic, linking the current infrastructure development in Indonesia with the theories proposed by Organski. This research will employ a juridical analysis and utilize literature review methods for data collection.
Analisis Hukum Terkait Piercing The Corporate Veil dalam Perkara Penundaan Kewajiban Pembayaran Utang / PKPU
Triawan, Saka
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.v6i1.1225
In running its business activities, a company in the context of the laws of the Republic of Indonesia must have at least 3 (three) main organs, namely the Board of Directors, Board of Commissioners, and General Meeting of Shareholders. Each organ of the Company also has its own responsibilities as regulated in the articles of association of the Company and the Statutory Regulations that regulate it so that when losses occur to the Company, both material and immaterial, the organ is responsible in accordance with their authority to act for and on behalf of the Company, but in certain circumstances, this limited liability can be waived or eliminated as known in the doctrine of Piercing The Corporate Veil. Proving the existence of losses caused by the Company's organs is quite difficult to do because of the inherent position actions of each of the Company's organs. On the other hand, in cases of Bankruptcy and Suspension of Payment where the proof must be simple, the Piercing the Corporate Veil doctrine is often difficult to apply because it is difficult to identify whether a loss to the Company was actually caused by the Company's organs themselves and not based on the Company's actions permitted according to the articles of association and Statutory Regulations.
Komparasi Lembaga Pengawas Perlindungan Konsumen di Indonesia dan Jepang
Yolanda Hasanah, Sandria
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.v6i1.1226
Efficiency between authority and the burden of duties and responsibilities in improving consumer protection needs to be continuously updated both in terms of regulations and institutions. As a comparison country, Japan is considered the right country to make comparisons, especially in the field of supervision of the financial services sector, where Japan as a developed country has experienced many regulatory and institutional transformations, so this discussion is futuristic in nature. Japan itself had new consumer protection regulations in 1994, while consumer protection regulations in Indonesia are regulated in Law No. 8 of 1999. This research is normative juridical research with a computational approach and a statutory-regulatory approach. The results of this research show specific consumer protection in the financial services sector, both have almost the same instruments and institutions, OJK (Financial Services Authority) and BI (Bank Indonesia) in Indonesia, while in Japan there is the Financial Services Agency (OJK) and the Central Bank . Japan (BOJ), the difference is that the supervision process is carried out (on-site inspection), whereas in Indonesia it is still based on coordination based on the authority of each institution.
Pengalihan Saham Mayoritas Badan Usaha Pelaksana Pada Proyek KPBU Ditinjau dari Aspek Persaingan Usaha (Studi Kasus: Proyek Kpbu Tppas Lulut Nambo)
Tania, Winda
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.v6i2.1227
This article analyses how the transfer of a majority of shares in an Implementing Business Entity (BUP) was applied in the Lulut Nambo Waste Processing and Management Site Private Public Partnership (KPBU TPPAS) Project from the viewpoint of business competition. The exemption from the applicability of the Prohibition of Monopolistic Practices and Unfair Business Competition Act Law No. 5 of 1999 was the Government of Indonesia’s attempt to strike a balance in the need for the state’s ownership of production sectors which control the livelihood of many people with due attention to the balance between the interests of business actors and the public interest. This article has been compiled using a doctrinal research methodology. The prequalification stage and tender process is a form of competitive principle in PPP projects, in that the implementation of the PPP project begins with the procurement of a partner through a fair, open, and transparent selection stage with due attention to the principles of fair business competition. The transfer of a majority of shares in the Implementing Business Entity as the winner of the Lulut Nambo KPBU TPPAS Project to another party which did not take part in the prequalification stage and the tender process could be viewed as special treatment for that party according to the provisions of the laws and regulations. Nevertheless, this did not breach the business competition aspects because BUP fulfilled the elements for exemption for business actors which have statutory monopolies.
Perlindungan Hukum Bagi Anak dari Tindak Pidana Narkotika
aroreh, Erwin T;
Koespitasari, Ara Heppy;
Maristella Lohonauman, Stevana Natasya
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.v6i1.1228
Children are the hope of the nation. Children are the next generation, therefore continuous guidance and protection is needed for survival, physical, mental, social growth and development as well as protection from all possibilities that will endanger the child and in the future. Narcotics and other illegal drugs are one of the triggers for the destruction of children. Sometimes children are often the targets of narcotics dealers, because children are still unstable, easily influenced and have the potential to become entangled in the abuse of illegal drugs such as narcotics. Children as drug abusers are only victims. So it is not appropriate for the State to provide punishment by considering the child abuser the same as the actual adult (distributor). As victims, children as drug abusers are obliged to receive protection. Child protection is an effort made to create conditions so that every child can carry out their rights and obligations for the normal development of the child's growth, both physically, mentally and socially.