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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
Kajian Perbandingan Asas Nasionalitas Hukum Agraria dalam Konteks Internasional Prithresia, Bianca
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.v6i2.1259

Abstract

One key aspect of agrarian law is the principle of nationality, questioning who has the right to own and manage land and its natural resources within a jurisdiction. This research employs a comparative legal approach to identify similarities and differences in the nationality principles of agrarian law between Indonesia and several other countries. The countries chosen as examples in this study are Singapore, the Philippines, and Saudi Arabia. The research findings indicate that the nationality principle in agrarian law in Indonesia is based on principles involving restrictions on land ownership by foreigners and prioritizing Indonesian citizens. On the other hand, other countries have different approaches to the nationality of their agrarian laws; some may adopt more liberal systems, while others may enforce stricter rules regarding land ownership by foreign nationals. This comparison provides valuable insights into how the nationality principle in agrarian law can impact economic development, foreign investment, and the protection of the rights of local communities. Furthermore, the results of this research also have significant implications in the context of globalization and cross-border investments. This study can serve as a foundation for policymakers to consider agrarian law reforms to enhance investment attractiveness and safeguard the rights of communities.
Perlindungan Hukum Terhadap Nasabah Prima Bank dalam Resiko Layanan Pick Up Service Lorensa, Shella Amilia; Badriyah , Siti Malikhatun
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.v6i2.1584

Abstract

Banks as financial service institutions have special customers, namely prime customers. Prime customers have a special service, namely pick up service. Implementing a pick up service can pose various risks. The risk that occurs in the pick-up service causes losses experienced by prime customers. This writing aims to find out, study and analyze legal protection for prime bank customers in the risk of pick up service. This legal research uses normative juridical methods. The results of the discussion show that legal protection can be provided to prime customers in the risk of pick-up service, namely preventively and repressively. Preventive legal protection can be provided through legislation to prevent risks occurring in pick-up services. Meanwhile, repressive legal protection can be provided by imposing administrative sanctions in the form of fines and providing additional sanctions to the Bank if it discharges its responsibility for losses experienced by customers from services provided by the Bank.
Jual-Beli Tanah Reklamasi Pantai Dalam Tinjauan Pasal 1320 KUHPerdata (Studi Kasus Di Kecamatan Sapeken Kabupaten Sumenep) Muarif; Supriyo, Agus
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.v6i2.1599

Abstract

Abstract: Buying and selling land is an agreement where the party who owns the land, called the “seller”, promises and commits himself to handing over his rights to the land in question to another party, called the “buyer”. Based on Article 1457 of Civil Code (KUHPer), sale and purchase is an agreement in which one party binds himself to hand over an item and the other party to pay the promised price. Price can be interpreted as a legal means of certain payment in the form amount of money. In order for an agreement to be valid and binding on the parties, it must fulfill the conditions stipulated in Article 1320 BW, which are: agree by those who bind themselves; Capable of making the agreement, A certain thing, A lawful cause or cause. Reclamation comes from the word “reclamation”, which in English means renewing. Meanwhile, in terms of reclamation, it is a form of effort to expand land or create land that can be utilized, it is of course. Reclamation, which is a process of restoring land and is carried out by opening up new land in coastal areas, has many concepts applied by various countries in the world to utilize coastal areas. The goal of reclamation is to create new land for housing, agriculture, and industry. The reclamation land is most often found in coastal cities to increase housing capacity and build ports.
Kedudukan Hukum Surat Pencatatan Ciptaan Bagi Perlindungan Hak Cipta Karya Lukisan Dihadapkan Pada Prinsip Outomatically Protection Wahyuni, Ridha; Ramadhani, Dwi Aryanti; Tarina, Dwi Desi Yayi
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.v6i2.1606

Abstract

This researches aims to see the position of a creation registration letter of art painting as a form of legal protection for painting works in the face of the principle of automatic protection adhered to in Law no. 28 of 2014 concerning Copyright. The research method in this study is juridical-normative with an analytical descriptive approach. The results of the research show that a creation registration letter can be one of the perfect initial proofs if the painter as the creator will make efforts to protect the law against his work either through criminal law remedies and/or filing civil lawsuits. Therefore, the registration of creation through the registration of creation of a painting is important for every painter to obtain a creation registration letter from the state, this is an effort to protect their intellectual property rights.
Kepastian Hukum Surat Kuasa Mutlak dalam Hal Tanah sebagai Objek Hak Tanggungan Wiramansyah, Fahrel Faadhilah; Saputra, Alfian Anugrah; Maulana, Hasbi Ilman; Murtadha, Afif Nafis
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.v6i2.1608

Abstract

Absolute power in the case of land objects was initially prohibited in accordance with the provisions of the Minister of Home Affairs Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights and Government Regulation Number 24 of 1997 concerning Land Registration. The use of absolute power can then be permitted in accordance with the provisions of the Letter of the Director General of Agrarian Affairs on behalf of the Minister of Home Affairs of the Republic of Indonesia Number 594/493/AGR dated 31 March 1982 and the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 10 of 2014 concerning the Revocation of Legislation Regarding Land. The purpose of this research is to explore the limits of absolute power that can or cannot be used in the case of land as an object of mortgage rights as an embodiment of legal certainty by referring toestablished rightwhile exploring the legal consequences. The type of legal research used is normative. The approach used in this research is statutory, conceptual and case regulations. The results of the research found that the limits of absolute power that can be used are inseparable from the main agreement which includes that all rights attached to the parties have been fulfilled. The grant of power cannot then be substituted. The legal consequences are attached to the agreement, namely that it can be canceled or null and void by law. Legal certainty regarding the use of absolute power has not yet been realized, because there are no explicit statutory regulations that regulate absolute power.
Mekanisme Hukum : Perdagangan Karbon Melalui Bursa Karbon di Indonesia Valiant, Valiant Alfarizy; Mariyatul Ulfa, Sayyidah; Liyadi, Syerra S.; Farahiya, Zhafira; Ludiasa, Rohmad
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.v6i2.1618

Abstract

Indonesia shows its commitment to the Paris Agreement held in 2016 on climate change. One of the implementations of this agreement, Indonesia has implemented carbon trading which carbon trading is one part of the mitigation to slow down climate change as well as realizing the target together with participating countries of 2 - 1.5 Celsius or with a percentage of 29% and 41% in 2030 and net zero emissions by 2060. Scientific research uses legal research methods, relying on the analysis of rules, norms, jurisprudence, and jurisprudential opinions. Moving on from the mandate of Law 14/2023 concerning the Development and Strengthening of the Financial Sector, OJK issued POJK Number 14 of 2023 concerning Carbon Trading through the Carbon Exchange. The POJK contains procedures for carbon trading through the carbon exchange, as well as regulation, licensing, supervision, and development of carbon trading through the carbon exchange.
Akad Nikah Daring (Studi Kasus Akad Nikah Shaffira Gayatri dan Max Walden) Karyono, Quoies Hassan
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.v6i2.1619

Abstract

This research aims to examine the phenomenon of online marriage contracts from two main perspectives: Islamic law and a phenomenological approach. Fundamental questions arise along with these developments. What is the practice of carrying out online marriages and what is the view of Islamic law regarding the validity of marriage contracts carried out online. This research will explore this problem by using a phenomenological approach to understand the social and normative impacts of online marriage contract practices. In addition, this research will also involve an analysis of Islamic legal views related to this practice, considering the importance of marriage in the teachings of the Islamic religion. The case study of Fira and Max Walden's marriage illustrates how technology has facilitated long-distance relationships and allowed couples to overcome geographic barriers. However, it is important to remember that the implementation of an online marriage contract must comply with the legal requirements stipulated in Islamic law, such as ittihād al-majelis, lafadz yang sharih, and ittisāl, as stipulated in the MUI fatwa. Thus, this practice can be recognized as valid in the view of Islamic law if it meets the stipulated conditions.
Analisis Ketidaksesuaian Batas Usia Dewasa dan Konflik Normatif Antara Hukum Pidana Materiil dan Hukum Perdata di Indonesia (Studi Putusan Kasasi Nomor 897 K/PID/2019) Manggin, Manggin; Khutub, Muhammad
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.v6i2.1620

Abstract

Determining the age limit for adulthood is a critical factor in determining the validity of legal actions, reflecting an individual's skills in carrying out legal actions. This article investigates legal proficiency regulations in Indonesia, highlighting the ambiguity in the assessment of adulthood that creates dilemmas, especially in Article 332 Paragraph (1) of the Criminal Code. As a case study, the analysis was carried out on the Rusly Yaprin Kalo case, which had an impact on the complexity of the concept of adulthood and differences in interpretation between criminal and civil law. This research applies a normative and qualitative juridical approach, exploring various regulations governing the age limit of adulthood in Indonesia and producing an in-depth understanding of potential conflicts between criminal and civil law. The results highlight discrepancies in adult age limits that may impact law enforcement and speak to the need for harmonization of relevant laws.
Kewarisan Anak Hasil Sewa Rahim di Indonesia Ditinjau dari Aspek Nasab Ulum, Mukhamad Bahrul
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.v6i2.1622

Abstract

The purpose of this research is to know the inheritance of children from uterine leasing in Indonesia from the perspective of nasab. The method used in this research is normative juridical method. The data used is secondary data in the form of law books, scientific journals, and laws and regulations related to the topic of discussion. This research is descriptive analytical. This research uses the Ta'lily approach. While the theory used is the theory of inheritance (nasab). The results of the study indicate that the civil relationship is owned by the child from the results of renting a uterus with a surrogate mother. So, those who can inherit each other are the child and the surrogate mother, if the surrogate mother is bound by a legal marriage, her husband also has a link to the inheritance of the child she gave birth to. If the husband and wife who gave the fetus want to inherit the child from uterine leasing, it is necessary to use inheritance or a will with testamentair.
Keabsahan Penguasaan Tanah Timbul Perspektif Hukum Pertanahan Indonesia Oktavia , Vanessia; Herning Sitabuana, Tundjung
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.v6i2.1623

Abstract

Land reclamation has become a significant issue in Agrarian Law, mainly due to its utilization by the local community, which constitutes an error and leads to the unclear ownership and control of reclaimed land. This is because reclaimed land is directly controlled by the state. The purpose of this research is to examine the Validity of Reclaimed Land Ownership from the Perspective of Indonesian Land Law. The research method employed is a juridical-normative approach with a descriptive research specification. The data types include secondary data, and the data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique utilized is literature review, and the data analysis technique is qualitative. Essentially, ownership and control rights over reclaimed land are rights held by the state. For individuals or communities seeking to control reclaimed land, obtaining prior permission from the government is required, typically by submitting a land rights application to the Land Office with jurisdiction over the location of the land in question.

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