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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
Analisis Peran Himpunan Serikat Perempuan Indonesia Deli Serdang dalam Meminimalisir KDRT Sebagai Upaya Menurunkan Angka Perceraian di Deli Serdang Fadilah, Irfandi; Lubis, Azwani
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1378

Abstract

This study aims to find out the mapping of problems and solutions faced by the Deli Serdang Indonesian Women's Union Association, in an effort to help clients overcome problems that cause divorce. second, to how find out the counseling implementation strategy carried out by the Deli Serdang Indonesian Women's Union Association in overcoming the problem of divorce. This research is an empirical research or field research. The approach used in this study is a qualitative approach. Methods of data collection is done by means of interviews, observation and documentation. The data analysis method used is descriptive qualitative data analysis. The results of this study indicate that: 1) Problems causing divorce that were consulted at HAPSARI Deli Serdang, including: presence of a third person (PIL/WIL), failure to communicate, social media, hyper sex, polygamy, and non-fulfillment of husband's or wife's rights . And the solutions given include giving advice, giving motivation, giving directions for self-introspection, having the nature of openness, paying attention to partners to maintain harmony in the household, and giving fatwas for issues related to Islamic law unless there is something that allows it. 2) The strategy carried out at HAPSARI Deli Serdang is to pay attention to the principles of counseling that are applied including principles based on service objectives, principles based on individual problems, principles based on service programs, principles of service implementation. The strategies used are listening and seeing, describing problems, providing views, advising, providing alternative solutions, providing directions, providing motivation, independence, digging for other information, and providing solutions based on the Qur'an and sunnah.
Peran Undang-Undang Perlindungan Data Pribadi dan Hukum Telekomunikasi dalam SPBE di Indonesia Boy, Three; Ariawan, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1379

Abstract

Digital transformation is an inevitability that covers all aspects of human life with the use of Information and Communication Technology (ICT). In the era of digital transformation, implementing SPBE in Indonesia is very important to increase government accountability and the effectiveness of public services. The research was conducted using qualitative methods, which focused on using secondary sources of information from literature to investigate the material further. Currently there is a Law on Personal Data Protection, namely "Law Number 27 of 2022 concerning Personal Data Protection", where the existence of this Law is very important because it can become a strong legal basis and guarantee that the State ensures the protection of personal data, especially from cyber crime. In general, telecommunications law includes a set of rules and regulations governing the use of communications technology, including the sending and receiving of information over electronic networks. Telecommunications law as well as the Personal Data Protection Law must provide a legal basis for handling cyber security incidents, including reporting procedures, investigations and law enforcement against cybercriminals.
Kedudukan Hukum Pejabat Lelang Kelas II Membuat Akta Risalah Lelang Terkait Harta Bank dalam Likuidasi Yudha, Refans Jaka Pratama; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1380

Abstract

The issue in the case of the liquidation of PT. BPR Argawa Utama, the Deposit Insurance Corporation (LPS) revoked the business license as it was deemed unable to be restored. LPS has the authority to form a liquidation team, declare the bank's status as being under liquidation, and dissolve the legal entity of the bank. Issues arose regarding the execution of auctions by the Class II Auction Official, who lacks clear technical regulations. The authority of auction officials and the efforts of the liquidation team need further clarification through more detailed regulations or guidelines to ensure proper procedures and clear responsibilities in conducting auctions of assets from banks in liquidation. The presence of Class II Auction Officials in Indonesia is to enhance auction services and develop the auction official profession. Class II Auction Officials play a crucial role in ensuring legal certainty in auction execution. Auction reports have the same legal force as authentic deeds; therefore, Class II Auction Officials must prepare clear, readable, and complete auction reports. Additionally, Class II Auction Officials must read and explain the auction report to parties who do not understand. To ensure legal certainty, the role of Class II Auction Officials is vital in the execution of auctions.
Akibat Hukum Profesi Jabatan Notaris Terkait Keterlibatan Notaris dalam Struktur Perseroan Terbatas oleh Majelis Pengawas Darmansyah, Adimas Gusti; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1382

Abstract

The case involves a lawsuit by Tamrin Irawan, Commissioner of PT Triocom, against PT Triocom, Notary Soehendro Gautama, Yuwanky, and Notary Yondri Darto. The lawsuit focuses on allegations of Unlawful Acts by Defendants II and III, suspected of conspiring in the elimination of shares and the dismissal of Tamrin Irawan as Commissioner without a valid GMS. The lawsuit centers on the falsehood of the Deed of Amendment of PT Triocom and the establishment of PT Triocom Citra Mandiri. The claim for damages includes material and immaterial losses of IDR 35 billion and IDR 39.5 billion. However, legal issues arise regarding the prohibition for a Notary to concurrently hold a position as a leader or employee of a private business entity, which can affect their position when the company goes bankrupt. UUJN does not explicitly address situations where a Notary is declared bankrupt in their personal capacity or as a leader of a company. Actions by a Notary holding a position in a limited liability company may result in legal consequences, such as the imposition of administrative sanctions, including oral reprimands, written reprimands, temporary suspension, honorable dismissal, or dismissal without honor for the reported Notary. In response to allegations of violations of ethical codes and the Notary's position, the Notary Supervisory Board will conduct a gradual examination if there are reports from the public, starting from the Regional Supervisory Board in the District/City to the Central Supervisory Board in the Capital City. The authorities of each institution are different
Keabsahan Akta Notaris Memuat Klausula Nominee dalam Transaksi Peralihan Hak Atas Tanah Untuk Kepemilikan Tanah Orang Asing: Studi Putusan Nomor (259/PDT.G/2020/PN.GIN) Pramita, Helen; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1383

Abstract

The nominee agreement involves David John Lock and Ann Lilian Lock (Plaintiffs I and II) from Australia with Anak Agung Gede Oka Yuliartha (Defendant) concerning the transfer of funds amounting to AUD 860,000 for the purchase of land and the construction of Villa Puncak Bukit in Bali. Notary Anak Agung Bagus Putrajaya is involved in the creation of the nominee agreement deed. This study focuses on the notary's accountability in addressing challenges in the practice of nominee name lending by evaluating the notary's role as a property transaction supervisor and a public official who creates nominee deeds. The ownership of land by foreigners, often resulting in the practice of nominee agreements to circumvent restrictions on land ownership by foreigners. The notary, as a party involved in the deed creation, bears responsibility in civil, criminal, and administrative aspects. Errors in the nominee agreement can lead to its cancellation and legal consequences. Therefore, the notary needs to be cautious and ensure that every agreement made complies with applicable legal requirements, especially those related to legitimate objects and causes. In the context of the relationship between parties, the nominee agreement demonstrates a reciprocal nature between the involved parties, with the fulfillment of obligations as a performance. However, the characteristics of lastgeving indicate the dominance of the grantor, which can impact the enforceability of the agreement.
Peran Jabatan Notaris dalam Pelaksanaan Lelang Kepailitan Adam, Chistopher Kendrick; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1384

Abstract

The issue in the case of the liquidation of PT. BPR Argawa Utama, the Deposit Insurance Corporation (LPS) revoked the business license as it was deemed unable to be restored. LPS has the authority to form a liquidation team, declare the bank's status as being under liquidation, and dissolve the legal entity of the bank. Issues arose regarding the execution of auctions by the Class II Auction Official, who lacks clear technical regulations. The authority of auction officials and the efforts of the liquidation team need further clarification through more detailed regulations or guidelines to ensure proper procedures and clear responsibilities in conducting auctions of assets from banks in liquidation. The presence of Class II Auction Officials in Indonesia is to enhance auction services and develop the auction official profession. Class II Auction Officials play a crucial role in ensuring legal certainty in auction execution. Auction reports have the same legal force as authentic deeds; therefore, Class II Auction Officials must prepare clear, readable, and complete auction reports. Additionally, Class II Auction Officials must read and explain the auction report to parties who do not understand. To ensure legal certainty, the role of Class II Auction Officials is vital in the execution of auctions.
Implementasi Notaris Yang Dijatuhkan Sanksi Sebagai Pelaku Tindak Pidana Yuliska, Nanda; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1385

Abstract

The issue involving notary Hendrik Jaury, accused of committing corruption, resulted in a 2-year prison sentence and a fine of Rp50,000,000,- based on the Decision of the District Court of Makassar. The second case involves Hendrik Jaury as a suspect in alleged fraud and embezzlement of property ownership certificates, according to the Investigation Order from the Makassar City Police on March 11, 2021. The defendant was reported by Muhammad Ali for not completing the promised certificate affairs since 2011, and investigators designated Hendrik Jaury as a suspect. A problem arises concerning the provisions of the Notary Position Law, which does not impose legal consequences on the professional status of a notary involved in criminal acts with a punishment of less than 5 years. The research findings suggest that notaries engaged in criminal activities should face sanctions to maintain the integrity and professionalism of the notary profession. The legal enforcement process against notaries violating regulations or engaging in criminal activities is governed by Article 13 of the Notary Position Law. The Notary Ethics Council is responsible for ethical aspects and professional standards, taking disciplinary action through an ethical trial process, providing the notary an opportunity to defend themselves and explain the reasons for the violation.
Akibat Hukum Notaris Mengubah Akta Pengikatan Perjanjian Jual Beli (PPJB): Studi Putusan Nomor: 688/PDT.BTH/2022/PN.JKT.SEL Marlianti, Selly; Farma Rahayu, Mella Ismelina
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1386

Abstract

The issue of the binding of the sale and purchase agreement (PPJB) in this case originates from the turmoil of buying and selling shop houses in Pasar Minggu, South Jakarta, between Harijanto Latifah and Tri Rahadian Sapta Pamarta, culminating in a civil lawsuit by Tri Rahadian at the South Jakarta District Court. The South Jakarta District Court decided that Tri Rahadian is the rightful owner of the land and shop house in Pasar Minggu, South Jakarta, and annulled the Deed of Agreement to Buy and Sell (PPJB) deemed defective and legally ineffective. The issue that will be the basis for analysis is the legal consequences for the aggrieved sellers due to the unlawful actions of the notary. The research results show legal protection for the sellers regarding changes to the Deed of Agreement to Buy and Sell (PPJB) by the Notary without their knowledge. Thus, the sellers have the right to annul changes made by the Notary without their approval, and ethical violations by the Notary can result in legal claims and sanctions in accordance with applicable regulations. Legal consequences that the Notary may face include the invalidation of the deed, ethical sanctions, and potential civil lawsuits. Sellers have the right to question the validity of changes made by the Notary and can file compensation claims. Administrative sanctions that may be imposed on the Notary emphasize the importance of compliance with professional ethical codes.
Aspek Hukum Terkait Kegiatan Penagihan oleh Debt Collector dalam Kegiatan Perbankan dan Lembaga Keuangan Lainnya di Indonesia Yusuf Hura, Albertus Magnus Barlenando
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1387

Abstract

Banks and/or other financial service institutions that provide credit have a risk of problems, such as bad credit. This is what makes Banks and/or other Financial Services Institutions use Debt Collector Services to carry out collections to obtain payments. However, in terms of collections carried out by Collection Services or Debt Collectors, it sometimes causes problems in the community. This raises questions in this research related to: how to apply Debt Collector services in dealing with problematic credit customers and to what extent is the effectiveness of using Debt Collector services in collecting problematic credit customers. Therefore, doctrinal research methods are needed to answer these questions.
Analisis Yuridis Pembatalan Hak Kepemilikan Atas Tanah yang Didasarkan pada Tindakan Hibah Lisan Renaldo, Edward
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1388

Abstract

Certificate can be sued in court for cancellation. Both civil and criminal verdict essentially does not involves administration in certificate issuance, but involves the authenticity in certificate issuance towards a piece of land proven with certificate, so that although registered as freehold title according to the decree that has acquired permanent legal force proven its issuance were using wrong rights and had been done by unrightful person, therefore the certificate was legally defective and could be cancelled. This research purposes is to analyze rights of ownership cancellation from legally defective rights (verbal grant) according to UUPA and KUHPerdata. Results shown that Act Number 5 Year 1960 and the enforcement regulation has given a collateral and protection for land of rights holder that essentially from another person who shifted their rights with the real holder not knowing, therefore the certificate can be sued for cancellation in court.

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