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Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
Core Subject : Health, Science, Education, Social,
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences
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 758 Documents
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Search results for , issue "Vol. 6 No. 2 (2023)" : 758 Documents clear
Perubahan Putusan Lepas Menjadi Putusan Pemidanaan oleh Judex Juris Terhadap Putusan Tingkat Pertama Alfredo Juniotama Arifin; Ade Adhari
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1389

Abstract

This study aims to examine the Supreme Court decision number 2113 K/Pid.Sus/2023 related to the money laundering case of Indosurya Cipta Savings and Loan Cooperative for the defendant Henry Surya. In the Supreme Court decision, the judex juris overturned the decision of the district court that released the defendant from all charges. West Jakarta District Court Decision Number 779/Pid.B/2022/PN Jkt.Brt stated that the charges were proven, but the alleged actions could not be categorized as a criminal offense. The Panel of Judges erred in handing down a decision, after which the Public Prosecutor filed a cassation appeal on the grounds that the Judex Facti did not apply the law correctly and properly. This research uses a normative legal research method with a case approach as the main approach to explore and analyze relevant legal aspects. This approach allows researchers to understand and assess legal norms related to the case under study. Based on the results of the research, it shows that the basis for filing a cassation by the Public Prosecutor related to the money laundering crime case is that the judex facti did not apply the law correctly in accordance with the provisions of Article 253 of the Criminal Procedure Code. This case involves the overturning of the sentence by the judex juris because the judex facti is considered to have erred in the implementation of the law by ignoring the legal facts revealed in the trial process due to the lack of conformity between the facts and the evidence.
Perlindungan Hukum Bagi Investor yang Mengalami Kerugian dalam Transaksi Forex Trading Akibat Wanprestasi oleh Pialang Berjangka Riska Aulia; Ariawan Gunadi
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1390

Abstract

Legal protection for investors in forex trading transactions is very important, considering that forex is one of the investment options that is in great demand because it is an investment alternative that provides high returns. Forex trading is carried out outside the Commodity Futures Exchange through an Alternative Trading System (SPA) and under the supervision of the Commodity Futures Trading Supervisory Agency (BAPPEBTI). However, currently there is misuse of Direct Sales Permits (SIUPL) on several online trading sites which are a means of carrying out forex transactions by investors. This research uses a normative research method which explains the contracts regulated in Law No. 10 of 2011 as well as CoFTRA regulations which do not balance the rights and obligations of the parties. This journal will discuss legal protection for investors who experience losses in forex transactions on online trading sites that misuse business licenses.
Upaya Pentingnya Keabsahan Suatu Kontrak Elektronik yang Dilakukan Anak Dibawah Umur dalam Aplikasi Perdagangan Elektronik Metta Valoka; Richard C. Adam
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1391

Abstract

To make an electronic contract, a condition is needed to fulfill the contract to be agreed upon and one of the subjective requirements is the ability of the parties in accordance with what is regulated in Article 1320 of the Civil Code. In this writing, it discusses minors who shop online which certainly does not meet the requirements for the validity of a contract. The problems that will be discussed in this journal, What are the consequences if the validity of electronic contracts carried out by minors conducting buying and selling transactions in electronic commerce applications and efforts to organize electronic systems to prevent violations of subjective requirements regarding the incompetence of minors who make electronic contracts in electronic commerce applications or E-commerce. The purpose of writing this journal is to understand more about the efforts and what to prevent so that minors do not shop online in the future. The type of research method that will be carried out is normative juridical. It can be concluded that before being carried out the consequences of electronic contracts carried out by minors can be canceled and bring other consequences and there are efforts that can be made to prevent minors from buying and selling transactions.
Upaya Hukum Terhadap Perbuatan Wanprestasi dalam Perjanjian Pengikatan Jual Beli Tanah Audrey Bintang Silado; Moody R. Syailendra
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1392

Abstract

The binding sale and purchase agreement is carried out with the aim of protecting the interests of the parties from acts of broken promises or default. Default is a situation where one of the bound parties is negligent or does not fulfill the obligations stipulated in the agreement. The problem in this research is the legal strength of the Sale and Purchase Agreement from a Civil Law perspective and how to resolve defaults in the Sale and Purchase Agreement on land. The aim of this research is to analyze the legal strength of binding sales and purchase agreements and to analyze legal remedies for resolving defaults in binding Sales and Purchase Agreements. The writing method used in this writing is normative. The research results show that the legal status of the Deed of Sale and Purchase Agreement as an initial agreement which is an authentic deed has perfect binding legal force and legal remedies for acts of default against PPJB can be carried out through litigation and non-litigation methods. The legal consequences of default are cancellation of the agreement, compensation, transfer of risk and payment of court costs.
Perlindungan Hukum Terhadap Penelantaran yang Dilakukan oleh Suami Terhadap Anak dan Istri Pada Putusan Nomor 54/PID/2020/PT MND Daniel Daniel; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1393

Abstract

Neglect towards children and spouses is a form of criminal act where an individual, in this case, a husband, neglects his obligations and responsibilities to fulfill the basic rights of his children and wife, resulting in them not receiving adequate care, attention, and protection. The issue in this case arises when a husband has been proven to commit the crime of psychological neglect towards his child, but the Appellate Court instead acquitted the Defendant. This raises the question of how child neglect committed by parents, in this case, a father, is regulated based on child protection laws and laws related to domestic violence, and what considerations influence the Appellate Court to render an acquittal for the Defendant. The main finding of this research is that the responsibility and duty to provide attention and protection to children are not solely the task of a wife but require the joint effort of both the father and mother. One of the considerations that led to the Defendant's acquittal by the Appellate Court is that the Defendant provided a year's worth of child support amounting to Rp 700,000.00, and he has one dependent child whose education was disrupted due to detention by the police. Neglect or emotional neglect of a child can have a negative impact on their self-esteem in building relationships with their peers, as they lose the presence of a father who can serve as a role model and guide in facing the world.
Sistem Pembuktian yang Digunakan Oditur Militer dalam Tindak Pidana Pembunuhan Berencana yang Dilakukan Anggota Militer Aimmatul Khoiroh; Hery Firmansyah
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1394

Abstract

According to W.L.G. Lemaire, criminal law is law including norms containing obligations and prohibitions stipulated by law, associated with forms of punishment in the form of punishment, namely special suffering. Enforcement is carried out by the military and the authorities in accordance with statutory regulations. The strength of evidence in court decisions in resolving criminal cases is very important for anyone who resolves criminal cases. The strength of evidence really helps investigators in investigating a criminal case because without evidence, a case cannot be resolved quickly. In Article 184 of the Criminal Procedure Code (Criminal Procedure Code) valid evidence is: Witness Statement, expert testimony, Letter, Instructions, Perpetrator's statement. The purpose of this journal is to find out whether the Military Prosecutor's evidence in the criminal act of premeditated murder committed by Military Members in decision Number 22-K/PMT.II/AD/II/2022 is in accordance with article 172 Paragraph (1) of Law Number 31 of 1997 On Military Justice. This research is normative legal research that is descriptive analysis. Using primary legal materials and secondary legal materials. With an empirical juridical approach. The types and sources of legal materials used are primary legal materials and secondary legal materials. Legal material collection techniques are primary data and secondary data. The legal material analysis technique uses an inductive qualitative method. The research results show that efforts to prove the criminal act of premeditated murder have used valid evidence in accordance with Article 172 Paragraph (1) of Law Number 31 of 1997 concerning Military Justice, namely Witness Statements, Expert Statements, Defendant Statements, Letters.
Pembatalan Pailit Yayasan Rumah Sakit Sandi Karsa (Studi Kasus Putusan Mahkamah Agung Nomor 1262 K/Pdt.Sus-Pailit/2022) Tiffani Rimandita; Ariawan Gunadi
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1396

Abstract

Decision Number 1262 K/Pdt.Sus-Bankruptcy/2022 has sparked a discourse on the appropriateness of the Judges' Panel granting specificity to the Sandi Karsa Hospital Foundation to annul its bankruptcy declaration, as it operates in the management of hospitals. In essence, bankruptcy laws and PKPU (Penyelesaian Kepailitan dan PKPU) apply universally to all debtors, regardless of their business entity status operating in specific fields. The legal considerations of the judge state that creditors, in reality, intended to declare the debtor bankrupt without taking into account the debtor's proposed peace plan. This consideration becomes an interesting issue, as the acceptance or rejection of a debtor's proposed peace plan is the right of the creditor. The researcher will address the legal issues surrounding Decision Number 1262 K/Pdt.Sus-Bankruptcy/2022 using a normative juridical method. The author seeks answers to these legal issues based on norms, legal perspectives, or legislation. This legislative approach is employed by the researcher to examine legal regulations and other legal provisions related to insurance to address the issue. The application of specific bankruptcy conditions to the Sandi Karsa Hospital Foundation, as reviewed in Supreme Court Decision Number 1262 K/Pdt.Sus-Bankruptcy/2022, is deemed imprecise because the bankruptcy conditions under the Bankruptcy Law and PKPU apply generally and do not provide specificity to individuals or corporations, including legal entities and non-legal entities in liquidation. The voting rights of creditors during the discussion of a proposed peace plan are utilized with consideration for the principle of business continuity for the debtor. These voting rights are a realization of rational considerations and reflect the creditors' intentions toward the peace plan proposed by the debtor.
Upaya Penegakan Hukum Terhadap Pengguna Jasa dalam Praktik Prostitusi di Jakarta Rayneld K Vidontha Kaban; Hery Firmansya
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1397

Abstract

Law enforcement in criminal acts of prostitution in Indonesia is contained in various laws, both in the Criminal Code and the Pornography Law, where the penalties incurred/present for criminal acts related to prostitution are deemed disproportionate, only burdening prostitution service providers. and prostitution itself. This research uses normative-empirical legal research. Currently, law enforcement against users of prostitution services can only occur if the person is/has been married, while law enforcement against service providers and prostitution itself does not have similar conditions, so that there is no proportionality in the offenses related to prostitution itself, so that does not reflect a sense of justice for those involved, and there is no strict prohibition and punitive sanctions that can clearly threaten perpetrators who use prostitution services.
Efektivitas Ketentuan Pasal 2 UUPerkawinan Tentang Perkawinan Beda Agama di Indonesia (Studi Kasus Perkawinan Beda Agama di Indonesia) Leony Valentina Lessnussa; Mia Hadiati
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1398

Abstract

The legitimate of a marriage is clearly stated in the Marriage Law No.1 1974 in article 2, it is declared valid if it is carried out according to the laws of each religion and belief and must be recorded according to the applicable laws and regulations, but then there are other rules contained in the Administration Law No.23 2006 Article 35 states that marriages that occur because of differences in religion are still recorded in the civil registry. This research uses normative (doctrinal) methods. Meanwhile, there are problems related to the legal status arising from interfaith marriages which are registered based on court decisions, so that it becomes a legal issue, but currently the Supreme Court has issued a circular stating that judges in adjudicating such matters will not do so. grant the application for marriage registration submitted at a later day.
Peran Hak Tanggungan dalam Pengelolaan Jangka Waktu Hak Guna Bangunan: Suatu Tinjauan Hukum Prasidya Mohammad; Gunardi Lie
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1399

Abstract

This research explores the role of mortgage rights in the context of managing the duration of building usage rights, with an emphasis on property law aspects. Utilizing a legal review approach, an analysis was conducted on the implications of mortgage rights on the expiration of building usage rights and their impact on property. The study identifies that mortgage rights play a crucial role in influencing the continuity of the duration of building usage rights, while conflicts of interest and the impact of regulatory changes become significant focuses in the dynamics of the relationship between these two rights. The conclusion emphasizes the need for a deep understanding of the role of mortgage rights in the sustainability of building usage rights, the handling of conflicts of interest, and adaptation to regulatory changes in the property law environment.

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