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[Kedudukan Hukum Akta Pengakuan Hutang yang Dibuat Dihadapan Notaris (Studi Kasus Perkara Mahkamah Agung Nomor: 2956/K/Pdt/2013) ]]>
<![CDATA[Elvia Puspita Siregar]]>;
<![CDATA[Elwi Danil]]>;
<![CDATA[Azmi Fendri]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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<![CDATA[A deed of acknowledgment of debt made by a notary authentically will be followed by a deed of acknowledgment of debt also authentically made by a notary. If the debtor is in default in carrying out his obligations to the creditor, based on the debt acknowledgment deed a grosse deed can be issued, which is the first copy which has the same force as a court decision which has permanent legal force. In this research, the formulation of the problem related to the legal protection of Land Deed Drafting Officials (PPAT) against acts of falsification of data on sale and purchase deeds by applicants, namely: 1. What is the legal position of the Deed of Debt Acknowledgment made before a Notary in Supreme Court case Number 2956 K/Pdt/2013 ? 2. What is the judge's consideration in Supreme Court case Number 2956.K/PDT/2013 in relation to the Deed of Debt Acknowledgment made to the Notary? 3. What are the legal consequences of the decision of Supreme Court case Number 2956.K/Pdt/2013 on the Deed of Debt Acknowledgment made before a Notary? This research uses a juridical-normative approach. The research results obtained are: normative legal research, namely research. The results of the discussion of the problems that arise in this research are that the legal strength of a debt acknowledgment deed made by a notary with an authentic deed is perfect evidence for parties in the event of prosecution in court. Apart from that, the deed of acknowledgment of debt made by the notary is authentically legally binding in accordance with the law for the parties who make it so that it must be adhered to, complied with and implemented as well as possible and in good faith to achieve the smooth implementation of the debt. The legal consequence of making a debt acknowledgment deed made by a notary against the parties in the event of a trial in court is that the parties are bound by a debt payment agreement which they have acknowledged using an authentic notarial deed in the form of a debt acknowledgment deed. The basis for the legal considerations of the panel of judges in deciding the case of a lawsuit for cancellation of a debt acknowledgment deed made by a notary with an authentic deed in Supreme Court Decision No. 2956.K/PDT/2013 is that the cassation filed by Defendant I HH and Defendant II DH does not have strong reasons or does not have a strong legal basis to be submitted to the Supreme Court. However, the clause of the debt acknowledgment deed made by the notary containing the provisions for interest/late fines of 8% (eight percent) per month was canceled by the panel of judges and changed to 2% (two percent) per month because the interest provision was 8% (eight percent). per month, the legal provisions in force in the banking law require that the interest rate on a loan must not exceed 2% (two percent) per month.?]]>
<![CDATA[Analisis Putusan Pengadilan Agama No. 299/Pdt.G/2022/PA. PspK (Padang Sidempuan Kota) Tentang Isbat Nikah Poligami yang Masih Dalam Pernikahan yang Sah ]]>
<![CDATA[Muthia Erina Nasution]]>;
<![CDATA[Ali Akbar]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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<![CDATA[Basically, the confirmation of marriage isbat arising from a polygamy union cannot be approved, according to SEMA No. 3 of 2018. However, in Rulling No. 299/Pdt.G/2022/PA.PspK (Padang Sidempuan City), the judge decided to validate the confirmation of marriage from the polygamy union considering several aspects, namely that the marriage of the marriage of the Petitioner and the Respondent had fulfilled the requirements and essential elements of marriage according to Islamic law, and the judge considered the decision of Cassation Number 233/K/Ag/2020. His research aims to analyze the judge’s considerations in gratinting the petition for confirmation of marriage arising from a polygamy union. The study involves empirical juridical research using a qualitative approach.]]>
<![CDATA[Perlindungan Konsumen Terhadap Pembelian Sepeda Motor Baru Mengenai Kerusakan Rangka Esaf Ditinjau Dari Perspektif Ibnu Taimiyah dan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen ]]>
<![CDATA[Nila Rahmawati Lubis]]>;
<![CDATA[Fatimah Zahara]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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<![CDATA[Motorcycle vehicles at this time are one of the primary vehicles used by the majority of people in daily activities. So that a motorcycle vehicle that is safe and suitable for use is a great hope of the community, especially in the frame which is the most important part of a vehicle. Lately cases that are rife in the community are damage to the eSAF frame resulting in broken and porous Honda brand vehicles, several incidents of broken motorcycles in the middle of the road, this is what attracts the author's attention to examine more deeply about what causes it and how Ibn Taymiyah's perspective and the Consumer Protection Law on this problem. This research is qualitative research with an empirical normative approach method using a type of research approach, namely library research. The results of this study show that there are rampant cases of damage to Honda motorcycle frames because they use eSAF type frames that are not good from previous types of frames, while from AHM explained that every product they market has been checked and is suitable for use. According to Ibn Taymiyyah in the principle of buying and selling is not justified this practice, because the frame is in the vehicle and not visible, there should be liability for damage suffered by consumers. And in terms of consumer protection, precisely in article 7 letters a-g has not been effectively applied in this broken frame problem]]>
<![CDATA[Tinjauan Fiqh Siyasah Pada Pengisian Kekosongan Jabatan Kepala Daerah oleh Wakil Kepala Daerah ]]>
<![CDATA[Taufik Ghafar]]>;
<![CDATA[Heri Firmansyah]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1583
<![CDATA[This research discusses the causes of vacancies in regional head positions by deputy regional heads in Indonesia and the urgency of filling them, especially if the remaining term of office is more than 18 months. Using descriptive qualitative methods and Law Number 10 of 2016 as primary legal material, the research found that legal uncertainty regarding the time limit for filling this position often hampers the replacement process. In regional government theory, the positions of regional heads and their deputies are very important and inseparable, considering their roles in regional management and leadership. From Dusturiyah's siyasah review, the replacement of regional heads by their deputies is not only permitted but also mandatory, considering that both of them were elected together with the same vision and mission. The role of the deputy regional head is important for the benefit of the people, namely in providing considerations, input and carrying out the duties of the regional head, as well as the need to immediately fill this vacancy and emphasize the need for legal clarity to immediately fill the position.]]>
<![CDATA[Penyelesaian Kredit dari Debitur Yang Meninggal Dunia Dengan Klaim Asuransi Jiwa ]]>
<![CDATA[Dwi Evanti Andriani]]>;
<![CDATA[Hardian Iskandar]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1585
<![CDATA[Collateral and insurance agreements are usually included with credit agreements. Banks can use this insurance agreement to transfer risk, especially life insurance if the debtor dies. If the debtor dies before paying off the remaining credit, the credit can also fall to his heirs. The purpose of this article is to study the legal consequences of a Bank Credit Agreement if the Debtor Dies and the Insurance Party's responsibilities regarding the Bank Credit Agreement if the Debtor Dies. This normative research uses a statutory and conceptual approach. The research results show that if the debtor dies, the credit agreement law cancels the credit because of the life insurance or life insurance clause. In other words, the insurance company must be responsible for paying off the remaining debt of the deceased debtor in accordance with the terms and conditions stated in the policy. In conclusion, the parties must understand the contents of the credit agreement well so that they know how to pay the debtor's remaining debt if this risk occurs.]]>
<![CDATA[Wanprestasi Perjanjian Kerja PT Perkebunan Nusantara II Medan dengan Pensiunan Karyawan ]]>
<![CDATA[Nur Hidayah]]>;
<![CDATA[Tetty Marlina Tarigan]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1586
<![CDATA[This article is entitled Default of PT Perkebunan Nusantara II Medan with retired employees of PT Perkebunan Nusantara II Medan. The work agreement made and agreed upon by PT Perkebunan Nusantara II Medan with retired employees is that as long as the company has not provided old age compensation, then retired employees are still entitled to occupy official employee housing. However, the company did not comply with the work agreement that had been agreed and stipulated, PT Perkebunan Nusantara II Medan issued a summons three times to evict the retirees from the company's official housing land before giving old age compensation to retired employees, and only giving compensation money. to retired employees. The aim of this research is to explain the forms of default committed by PT Perkebunan Nusantara II Medan, and efforts to resolve breaches of employment agreements between the company and retired employees. The method used in this research is an empirical juridical method which comes from primary legal material sources by examining statutory regulations related to this research. The results of this research found that there were defaults committed by the company with efforts to resolve the default through non-litigation channels between the company and retired employees, by fulfilling the obligations and achievements that should have been fulfilled by the company.]]>
<![CDATA[Implementasi Tindak Pidana Jual Beli Organ Ditinjau dari Frasa Kompensasi Donor yang Diperbolehkan Menurut Sistem Hukum di Indonesia ]]>
<![CDATA[Chatrina Aprilia]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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<![CDATA[Organ transplantation is the transfer of all or part of an organ from one body to another, or from one part to another part of the same body. Organ donors can come from people who are still alive or have died. This research describes and examines the first problem, how the legal relationship between donors and recipients of donors in living organ transplants in providing compensation is allowed according to applicable law in Indonesia. This research is a descriptive doctrinal legal research. the sources used are primary legal materials consisting of legal products such as laws, and other relevant legal regulations related to organ transplants. The result of this research is that the legal relationship between the donor and the recipient of the donor is a natural engagement that occurs due to urgent needs in the process before the implementation of Organ Transplantation. The implementation of organ transplantation is carried out by prioritizing a sense of volunteerism in donating organs without asking for compensation so that the phrase from the word compensation in this case is the payment of handling costs during the donor's treatment in the hospital both before, during and after surgery this is based on the Minister of Health Regulation Number 38 of 2009 concerning the Implementation of Organ Transplantation to complete and reaffirm organ transplantation is carried out voluntarily, within the scope of the hospital at all stages]]>
<![CDATA[Akibat Hukum Pelaksanaan Wasiat yang Tidak Memenuhi Bagian Mutlak Ahli Waris ]]>
<![CDATA[Helena Benedicta Tambajong]]>;
<![CDATA[Rietha Lieke Lontoh]]>;
<![CDATA[Annita T.S.F. Mangundap]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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<![CDATA[Inheritance granting that violates the restrictions and conditions as well as the legitimate portie of the legitimate heirs can cause problems. To overcome this, it is necessary to study how the regulations of inheritance work with the provisions of the applicable Law, in this case the Civil Law, so that it does not prejudice the rights of others; what is the legal power of a testament; as well as the legal consequences of ittowards the legitimate heirs according to the Civil Code. The research method used was normative juridical research which refers to collecting data through library research then the data was analyzed resulting in conclusions based on deductive thinking method. The resultsindicated that inheritance in the Civil Law is regulated in Book II. The legal power of testaments is stated in Chapter XIII Articles 957-972. The legal consequences arising from a testament that violates the absolute right of the legitimate heirs depend on their actions. If the legitimate heirs do not sue, the testament remains legitimate valid. However, if the legitimate heirs make a claim, then the testament must undergo an inkorting (curtailment) to fulfill the absolute right of the less legitimate heirs.]]>
<![CDATA[Perlindungan Hukum Bagi Investor Indonesia pada Perusahaan Joint Venture dalam Perusahaan Penanam Modal Asing ]]>
<![CDATA[Deni Welfin]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1590
<![CDATA[To increase economic competitiveness in the international world. Indonesia needs capital assistance, one of which is from foreign investors. There have been many regulations issued by the government to provide aspects of legal certainty and ease of investment in order to attract foreign investors into Indonesia. As one of the ways investors enter and invest their funds in Indonesia is by using the Joint Venture method. In foreign investment, disputes may arise between local and foreign partners. Thus, Indonesia also needs to provide a sense of security and legal protection for domestic investors so as not to experience pressure in the country due to the effects of differences in capital capabilities. Regulations regarding legal protection for minority investors in Joint Venture agreements are not expressly accommodated in Law Number 25 of 2007 concerning Investment. Law Number 25 of 2007 concerning Investment requires foreign investors to form a Limited Liability Company. Therefore, all regulations regarding the rights and obligations of shareholders can be accommodated in Law Number 40 of 2007 concerning Limited Liability Companies. However, if the parties to the Joint Venture contract make other agreements outside of Law Number 40 of 2007 concerning Limited Liability Companies, the provisions in Law Number 40 of 2007 concerning Limited Liability Companies will no longer apply.]]>
<![CDATA[Penyelesaian Sengketa Pegadaian Terhadap Konsumen Atas Rusaknya Objek Jaminan Gadai ]]>
<![CDATA[Kiscya Anastasya Mottoh]]>;
<![CDATA[Rietha Lieke Lontoh]]>;
<![CDATA[Helena Benedicta Tambajong]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1591
<![CDATA[PT. Pegadaian in Indonesia are regulated in Law Number 21 of 2011 concerning the Financial Services Authority and regulated in the Civil Code. Looking at the problem of damaged consumer pawn objects due to PT. Pegadaian, four-wheeled vehicles are often the object of pawn collateral for loan funds. The debt and receivable agreement and the additional guarantees are not free from errors on the part of one of the parties, such negligence is a breach of contract. Based on the losses experienced by consumers due to damaged pawned goods, the parties must resolve the dispute. This research aims to determine the legal protection for customers as consumers for damage to collateral objects as well as to determine the resolution of disputes between the parties. The research method used in this writing uses normative juridical research methods. The author uses research methods with primary, secondary and tertiary legal materials. The data analysis method used by the author is a qualitative method, namely describing the research results from two variables, namely cause and effect by involving legal materials. The results of the research are in accordance with the problem formulation, namely that the pawnshop must take care of the collateral so that damage does not occur in accordance with existing regulations, legal protection for consumers can be given repressive legal protection, and dispute resolution can be carried out through mediation. It is hoped that suggestions regarding this problem will enable pawnshops to pay more attention to collateral items which are pledged as deposits, and to be able to care for collateral items properly to prevent damage which could result in losses for consumers.]]>
