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[Kekuatan Hukum Penggunaan Surat Jual Beli di Bawah Tangan dalam Pendaftaran Tanah di Kabupaten Padang Pariaman ]]>
<![CDATA[Geni Rilfa Ramadhan]]>;
<![CDATA[Yuslim Yuslim]]>;
<![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.v6i1.860
<![CDATA[Land is basically owned and controlled by a person or together. Sometimes the land can be transferred to another person by using an underhand sale and purchase agreement, in Padang Pariaman Regency it is known as Siliah Jariah, where the buyer replaces someone's hard work on the land he previously controlled to become the property of the buyer. So that the Siliah Jariah Letter becomes the basis for land registration at the Padang Pariaman Land Office, what is examined in this thesis are: 1) What is the certainty of the legal force of using a Sale Purchase Certificate under the hand as the basis for rights in land registration in Padang Pariaman Regency? 2) How is the implementation of the registration of land rights using a sales and purchase agreement under the hand at the Land Office of the Padang Pariaman Regency? The approach method used in this study is an empirical juridical method. This research is descriptive in nature. The data used are primary data and secondary data. The data sources in this research are library research and field research. Data was collected through interviews and document studies. The data obtained was processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the results of the research, the authors conclude: 1) The private sale and purchase agreement cannot be the basis for land registration at the Padang Pariaman Land Office, because basically the land must be owned for 20 years, or land registration can be done by means of, register the land in the name of the previous owner (seller), after which the rights can be transferred to the name of the buyer. 2) The land registration system based on private sale and purchase is generally registered through a sporadic land registration system, in which cultivators collectively register their rights with the National Land Agency of Padang Pariaman Regency.]]>
<![CDATA[Pembatasan Kebebasan Berkontrak pada Perjanjian tidak Bernama dalam Bentuk Akta Notaris ]]>
<![CDATA[Fatma Devi]]>;
<![CDATA[Busyra Azheri]]>;
<![CDATA[Yulfasni Yulfasni]]>
<![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.v6i1.861
<![CDATA[This paper aims to determine control as freedom of contract in the system and the company's position in the engagement. The method uses normative juridical with primary and secondary data. Agreements or commonly called contracts in Indonesia, there are two types of classification when distinguished by name, namely name or name agreements and nameless agreements or named names. The two groups have their own definitions, requirements, elements and legal basis. Unnamed agreements generally grow and develop in society and in practice there are still those that do not have clear arrangements because anonymous agreements are legally recognized by law for their existence as a consequence of the form of agreements in Indonesia which are written and unwritten. The terms of the validity of the agreement, both subjective terms and objective terms, are generally applicable for nameless agreements and nameless agreements. Article 1338 of the Civil Code is the main pillar of the principle of freedom of contract, although in practice it is not free in the true sense, but free with limitations. The agreement made by the parties can be in the form of a private deed or an authentic deed, namely in the form of a Notary Deed and a private deed. The existence of an obligation to the public that certain contracts must follow the rules that have been determined by both the official who made it is one of the efforts for the state to have uniformity and ease of supervision or implementation. The role of a notary in making an anonymous deed agreement in a notarized deed is very useful and has perfect evidentiary power, both formal and material. A notary is a public official who frames the agreement of both parties or more, to make a deed agreement in the form of a notarial deed. The notary must pay attention to the clauses that are prohibited by law and must comply with the things that have been regulated by law.]]>
<![CDATA[Upaya Kepolisian Dalam Mencegah Adanya Tindak Pidana Penyalahgunaan Senjata Tajam (Studi Pada Polres Tegal) ]]>
<![CDATA[Saeful Anam Zahda Ilma]]>;
<![CDATA[Rochmani Rochmani]]>
<![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.v6i1.862
<![CDATA[The Indonesian National Police has limitations, both in terms of the availability of personnel, equipment and operational budgets. Reflecting on the duties and roles of the state in protecting all its citizens, then in the terminology of state governance anywhere in the world, namely providing civil services, providing public services and providing strengthening of community empowerment (empowering). The research used in this research is normative juridical research because it uses legal research that places law as a building system of norms. This type of normative research concerns the implementation of normative legal provisions (laws) in their actions in every particular legal event that occurs in a society. The problems that often occur in people's lives are natural laws as forms of social beings. change has hit understanding, appreciation and experience of as well as beliefs and compliance norms that exist in society itself. change has also hit the understanding of values and customs, patterns of behavior that have long lived and developed in society. Counseling is one of the efforts of the police to prevent the crime of misuse of sharp weapons among the community, namely by holding counseling about the impacts and dangers that caused by the misuse of sharp weapons. Raids are one of the police's efforts to overcome the problem of sharp weapons abuse.]]>
<![CDATA[Pemulihan Korban Melalui Restitusi Bagi Korban Kekerasan Seksual (Studi Putusan Nomor : 989,PID.SUS/2021/PN BDG) ]]>
<![CDATA[Rida Madyana]]>;
<![CDATA[Safik Faozi]]>
<![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.v6i1.863
<![CDATA[The crime of sexual violence is part of a crime against decency, where the act does not occur to adults but also occurs to minors, either directly or indirectly. Legal considerations for imposing restitution for victims of the crime of sexual violence in the Herry Wirawan incident With reference to the problems that have been described, this study aims to examine criminal acts of sexual violence in the Herry Wirawan incident, especially regarding legal considerations in granting restitution to victims and the legal protection that should be given to the victim's children. This research uses normative legal methods with statutory and case approaches. This research is an in-concreto legal research. The results of the study show that the judge's considerations in making decisions are based on the public prosecutor's indictments, the statements of the accused, the statements of witnesses, and evidence. For legal protection for the victim, the defendant is sentenced to death, and the victim's children are entitled to receive compensation or restitution from the defendant. In addition, child victims also receive protection in the form of social rehabilitation and psychosocial assistance during their treatment process until their recovery. Protection and assistance for the victim's children is also provided at every stage of the examination, starting from investigation, prosecution, to trial. This aims to provide comprehensive protection for victims and ensure that their rights are guaranteed during the law enforcement process.]]>
<![CDATA[Tanggung Gugat Perusahaan Reasuransi Atas Pelanggaran Prinsip Itikad Baik Dalam Pembayaran Klaim Kepada Perusahaan Asuransi ]]>
<![CDATA[Talia Alfirna Maulida]]>;
<![CDATA[Zahry Vandawati Chumaida]]>
<![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.v6i1.864
<![CDATA[Article 1 point 7 of Undang-Undang Nomor 40 Tahun 2014 concerning Insurance explains that the reinsurance business is a reinsurance service business for insurance companies, guarantee companies, or other reinsurance companies for the risks faced by these companies. The implementation of reinsurance is stated in a reinsurance agreement based on the principle of utmost good faith. In practice, the parties often violate the principle of utmost good faith, such as in the case between PT Asuransi Tugu Kresna Pratama and PT Agilent Risk Specialties and PT MAA General Insurance. PT Agilent Risk Specialties and PT MAA General Insurance do not pay claims and fulfil their obligations as reinsurance brokers and reinsurers. There is a violation of the principle of utmost good faith, which should have been the basis of the implementation of the reinsurance agreement. This event forms the basis of this research, namely formulating legal arguments with systematic results regarding legal rules relating to reinsurance company liability for violations of the principle of good faith in paying claims to insurance companies.]]>
<![CDATA[Kekerasan dalam Rumah Tangga dan Pandemi: Suatu Tinjauan Terhadap Efektivitas Perlindungan Hukum Bagi Korban ]]>
<![CDATA[Sutiawati Sutiawati]]>;
<![CDATA[Jasmaniar Jasmaniar]]>
<![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.v6i1.865
<![CDATA[The COVID-19 pandemic that shocked Indonesia has resulted in not only a health issue, but also additional problems such as a sudden rise in domestic violence (KDRT). This study aims to analyze the form of legal protection for victims of domestic violence during the COVID-19 pandemic as well as find out the obstacles faced in the process. This study is empirical legal research that uses a statutory approach and a case approach to analyze primary and secondary data. The research activities was carried out in Makassar City, namely at the Women and Children Protection Unit of the Makassar City Police (PPA Polrestabes Unit) and the Makassar City Women and Children Empowerment Integrated Services Unit (UPTPPA). The results of the study show that legal protection for victims of domestic violence that occurred during the COVID-19 Pandemic have been carried out in accordance with existing legal provisions but have not been optimal due to several factors related to restrictions on community activities and strict health protocols. A number of obstacles that affected the legal protection of victims during the pandemic included: 1) The limited number of personnel from the Makassar Polrestabes PPA Unit; 2) limited infrastructure; and 3) restrictions on community activities and strict health protocols.]]>
<![CDATA[Penerapan Sanksi Pidana terhadap Debitor sebagai Pelaku Tindak Pidana Pengalihan Objek Jaminan Fidusia ]]>
<![CDATA[Husnul Khatimah]]>;
<![CDATA[M. Syukri Akub]]>;
<![CDATA[Marwah Marwah]]>
<![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.v6i1.866
<![CDATA[Credit payments by financial companies are certainly very beneficial for the society in fulfilling their needs. Fiduciary is one of the most popular guarantee types because it is considered easy, fast, and simple. In Indonesia, fiduciary have been regulated in Law of The Republic of Indonesia Number 42 of 1999 on Fiduciary. In general, the object of fiduciary is not allowed to be transferred by the debtor except with the agreement of the creditor or if the fiduciary object is an inventory object. But, in fact, there are still a large number of cases where the debtor transferred the fiduciary object without the agreement of the creditor. This is definitely a criminal offense as regulated in Article 36 of the Fiduciary. In imposing criminal sanctions, there are some factors that must be considered by the judges. Furthermore, decisions that have been made final legally must be executed immediately by the prosecutor. Every defendant who is sentenced to imprisonment will be placed in a Penal Institution or Detention Center to receive counseling. The research method used in this article is normative-empirical. The data used are primary, secondary, and tertiary data. All data obtained from the research results were compiled and analyzed qualitatively and described descriptively.]]>
<![CDATA[Tindak Pidana oleh Anak: Suatu Kajian dan Analisis Fungsi Sertifikasi Penyidik Anak di Kepolisian ]]>
<![CDATA[Muhammad Ridho Sinaga]]>;
<![CDATA[Novalinda Nadya Putri]]>
<![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.v6i1.867
<![CDATA[So far, the attention to protection given to children has focused more on children who are victims or witnesses of a crime, while attention as a child of a criminal offense during the case investigation process is still relatively lacking. The fact is that not all child investigators in the police have certification as child investigators, so not all investigators understand the human rights of children that must be obtained when a child becomes a perpetrator of a crime. The research method used is the normative juridical method through a statutory approach to reviewing the legal ratio of related laws. The results of the study found that the Certification Position of child investigators is regulated based on Presidential Regulation Number 175 of 2014 concerning Integrated Education and Training for Law Enforcers. Presidential Regulation Number 175 of 2014 requires the police to participate in Integrated Training and Certification Functions for Child Investigators in the Investigation of Child Crimes by the police so that child investigators have certain knowledge and skills according to the child's condition. The expertise of special child investigators can be proven by having a child investigator certificate. Considering that UUSPA itself provides special treatment for child crimes as mandated by Article 26 of Law no. 11 of 2012, the examination and investigation of children will also be given by special investigators]]>
<![CDATA[Problematika Hukum Masuknya Pihak Ketiga dalam Proses Pemeriksaan Sengketa Arbitrase di Indonesia ]]>
<![CDATA[Desri Novian]]>
<![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.v6i1.868
<![CDATA[Arbitration disputes occasionally also have legal consequences for Parties outside the arbitration agreement who have legal relations in the implementation of the arbitration agreement and the object of the arbitration dispute, which is commonly referred to as a Third Party. Third Parties can be in the form of Parties that support or defend the interests of one of the Parties (joinder) or have their interests in the object dispute being examined and decided (intervention). However, the entry of a Third Party into an arbitration dispute lawsuit, the provisions of the limiting conditions must be agreed upon by the Parties and must be approved by the Arbitrator or Arbitral Tribunal. Based on this, the study analyzed the conditions for the entry of third parties into the arbitral dispute lawsuit process regarding the 1958 New York Convention, UNCITRAL Model Law on International Commercial Arbitration, Law No. 30 of 1999, the provisions of arbitration law in several countries and refer to the provisions of the Civil Procedure Code in Indonesia. This research was conducted using a qualitative method and is normative juridical by reviewing and comparing one regulation with another. The results of the research show that there is another form of third party that called intervention for legal obligation and show that Article 30 of Law no. 30 of 1999 is too rigid in applying the principle of personality and party autonomy so that the obligation to obtain agreement from the parties results in third parties having minimal opportunities to be able to enter as parties in the arbitration dispute examination.]]>
<![CDATA[Tanggung Jawab Notaris Terhadap Akta Nominee dalam Jual Beli Tanah (Studi Kasus Putusan Mahkamah Agung Nomor 1290 K/Pdt/2022) ]]>
<![CDATA[Ade Putra Prima]]>;
<![CDATA[Busyra Azheri]]>;
<![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.v6i1.869
<![CDATA[The practice of nominee agreements is related to the principle of justice considering the interests of the parties involved. The nominee agreement is intended to provide all the authority that may arise in a legal relationship between the authorizing parties over a plot of land which according to land law cannot be owned by a foreign party which is then given to the indigenous people as the beneficiary. The notary as a public official is required to be responsible for the deed he made.]]>
