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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
Kedudukan Hukum Akta Pengikatan Jual Beli Sebagai Jaminan Hutang-Piutang (Studi Kasus Putusan Pengadilan No. 19/PDT.G/2020/PN GPR) Safitri Juliani, Dyana
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.v6i2.1400

Abstract

For parties who will enter into a debt and credit agreement that uses land rights certificates as collateral, it must be done with a mortgage right, not using a deed of Sale and Purchase Agreement. The problem in this research is to discuss the legal position of the Sale Purchase Bond Deed used as a debt and credit agreement based on Decision No. 19/PDT.G/2020/PN GPR. This research uses doctrinal research methods. The result of this research is that the position of the Sale and Purchase Agreement (PPJB) binding deed made for debt and credit settlement has violated the rule of law which contains a false and forbidden cause and is a form of legal smuggling as if there was a transfer in the form of a sale and purchase by violating the law by making a document in the form of a PPJB deed made notarially so that the position of the PPJB made for debt and credit settlement does not have legal force.
Larangan Menikah Bagi Pemilik Salmon Patch Perspektif Hukum Islam (Studi Kasus Desa Ledong Timur Kecamatan Aek Kuasan Kabupaten Asahan) Abdi Nata, Wiranu; Mahmud Nasution, Muhammad
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.v6i2.1401

Abstract

Marriage is an act that is regulated in such a way in the provisions of Islamic law, in marriage there are pillars and conditions of marriage that must be fulfilled by every prospective bride and groom, both male and female, so that in society there are usually special prohibitions or criteria for each prospective bride and groom. . As happened in Ledong Timur Village, Aek Kuasan District, Asahan Regency, the local community believed that there was a prohibition on marrying salmon patch owners, so this attracted the attention of the author to research more deeply into why this prohibition existed and what the local ulama's views were regarding this matter. This research is qualitative research with an empirical judicial approach and the type of approach uses case studies or field studies which are usually called library research. The results of this research show that people forbid marrying salmon patch owners because they are afraid that the salmon patch owner will die in a short time. Ulama in Asahan Regency also confirmed that there was a ban in the community of East Ledong Village, however several ulama who were sources did not agree with the community's opinion regarding the ban, because for them the prohibition against marrying someone was only in Q.S An-Nisa 23-24 and Salmon patch hose is not contagious and dangerous, so both men and women can marry it.
Bimbingan Pasca Rehab oleh Pembimbing Kemasyarakatan Terhadap Klien Anak Kasus Narkotika dengan Metode BPSS (Biologik, Psikologi, Spritual, dan Sosial) Sariadi, Banias; Herman, Asep
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.v6i2.1402

Abstract

Children are the asset and future of the struggle of nations to realize their ideals. As part of the younger generation, children have a very important role and have special characteristics. However, in everyday life, children are often found involved in legal issues or cases, especially drug criminal law. Behavioral deviations, such as drug addicts, are basically victims of drug abuse. Method: In accordance with Article 11 of the 2012 Law on the Protection of Children from Domestic Violence (UU SPPA), a child subject to domestic violence is defined as an infant who is considered to be in conflict with the law, a child who becomes a victim of domestic violence, and a child who becomes a victim of domestic violence. Findings: In accordance with the mandate stipulated in Law No. 12 of 1995 on Conservation, for prisoners who commit a crime of drug abuse, rehabilitation is mandatory. Once the prisoners are released, they will become clients of the organization and undergo guidance at the Bapas. Conclusion: The eradication of drug abuse has become a state effort to create generations of clean and drug-free nations. At the moment, the Indonesian government has established the problem of narcotics abuse as a very serious problem.
Analisis Penerapan Peraturan Komisi Pemberantasan Korupsi Nomor 1 Tahun 2021 dalam Kasus Pemberhentian 57 Pegawai KPK yang Tidak Lolos Tes Wawasan Kebangsaan Anhary, Tania Putri
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.v6i2.1404

Abstract

Analysis of the Corruption Eradication Commission Regulation Number 1 of 2021 concerning the dismissal of 57 KPK employees who did not pass the National Insight Test violates the Corruption Eradication Commission Regulation No. 1 of 2021, there are 2 reasons underlying this, the first is that the employees were dismissed because they did not pass the National Insight Test alone, even though the President stated that the National Insight Test was not used as a basis for dismissing Corruption Eradication Commission employees. Secondly, the dismissal was carried out by KPK Chairman Firli Bahuri, which should be according to Article 5 in the Corruption Eradication Commission Regulation Number 1 of 2021, the dismissal is carried out by the government, which in this case is President Joko Widodo.Problems related to the dismissal of 57 KPK employees who did not pass the National Insight Test based on the concept of authority regarding resolving all forms of injustice by the ruler to the rights of the people. Because the 57 dismissed employees of the Corruption Eradication Commission felt deprived of the right and opportunity to submit their right of self-defense because during the trial the decision was rejected and there was no consideration from other institutions except only from the results of the National Insight Test.The research was collected using the literature study method (library research). The data collected was then analyzed using descriptive analysis techniques arranged systematically so that it becomes concrete data regarding the analysis of Corruption Eradication Commission Regulation Number 1 of 2021 concerning the dismissal of 57 Corruption Eradication Commission employees who did not pass the National Insight Test.
Jaminan Hak Asasi Manusia Bagi Pekerja Rumah Tangga Melalui Perjanjian Kerja Farhana, Alia; 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.v6i2.1405

Abstract

One of the issues faced by domestic workers (PRT) is the lack of attention to Human Rights Assurance (HAM). This problem is evident from the fact that the Manpower Law No. 13 of 2003 does not cover domestic workers, resulting in them not receiving the protection they should have as laborers. The relationship between domestic workers and employers is informal, so there is no legal regulation governing this relationship. The aim of this research is to explore how Human Rights Assurance for Domestic Workers can be realized through Employment Agreements in Surabaya. This study uses a qualitative approach and is conducted in the West Surabaya region. The research subjects involve part-time and non-residential domestic workers. Data is collected through literature review and in-depth interviews. The results show that employment agreements for domestic workers are often neglected, and legal protection for the rights and obligations of domestic workers still needs to be strengthened. This is intended to ensure the basic rights of domestic workers and to ensure equal opportunities and treatment without discrimination, in order to improve the welfare of domestic workers and their families.
Keabsahan dan Kekuatan Hukum Surat Kesepakatan Pengembalian Dana Sebagai Akta di Bawah Tangan Menurut Kitab Undang-Undang Hukum Perdata Saputra, Agun; S. T. Kansil, Christine
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.v6i2.1406

Abstract

Service agreements have been known for a long time by the public because they allow easier access to running a business that generally needs to go through a complicated process and takes a long time. This is utilized by parties who have direct access to take care of certain business licenses, for example, the legality of becoming a distributor agent. The problem in this research focuses on the refund agreement letter between Nureni and Ika Jatnika which was made in the form of a deed under the hand. This letter arose because Ika Jatnika had made a default against Nureni. This research is normative legal research using qualitative method. The research legal materials are obtained from literature study and interviews which will be examined with the approach of laws and cases and analyzed qualitatively. The results of this study indicate that the parties are still protected by law because the deed under the hand has valid evidentiary power based on Article 1338 of the Civil Code and the protection of the parties depends on the strength of the type of deed made. The conclusion of this research is that the legal protection of the parties who make a deed under the hand is subject to Article 1338 of the Civil Code and the parties still have the right to claim compensation for material losses they receive.
Pengendalian Pencemaran Lingkungan Atas Keberadaan Tambak Udang Ilegal di Batang Anai Kabupaten Padang Pariaman Sebagai Upaya Perlindungan Hukum Terhadap Kesehatan Masyarakat Elvandari, Siska; Nur, Ansiha; Primasari, Budhi
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.v6i2.1407

Abstract

The growth of illegal shrimp ponds in Batang Anai, Padang Pariaman Regency has been very widespread recently. This is because the advantages of shrimp cultivation include fast growth, high survival rate, high shrimp appetite, greater resistance to disease attacks and relatively short rearing time, namely 90-100 days per cycle. As shrimp cultivation develops in this area, environmental pollution problems arise. Of course, this is contrary to Law number 36 of 2009 concerning Health, Article 4 and Article 6 states that everyone has the right to health and everyone has the right to a healthy environment for achieving a level of health. Based on preliminary interviews with the community around the shrimp ponds, it was stated that the existence of illegal shrimp ponds does not take into account the impact on the environment, and even disturbs the community. Meanwhile, there is no action by the district or local government to control or manage the impacts, so various efforts are needed to restore optimal health status for the surrounding community.
Efektivitas dan Jaminan Hukum Sertifikat Halal Self Declare di Indonesia Rohman, Saipul; Sudiro, Amoury Adi
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.v6i2.1409

Abstract

The issuance of Government Regulation (PP) No. 39 of 2021 concerning the Implementation of the Halal Product Guarantee Field and Minister of Religion Regulation No. 20 of 2021 concerning Halal Certification for MSEs. Self Declare independent halal application service helps businesses to obtain halal certification effectively and efficiently. But in its implementation, there are several differences in the process of issuing halal certification and legal guarantees for registered products. In this study the authors used a legal methodology system Descriptive analysis method used for specifications. The data collection techniques used are direct observation and documentary research. Data conducted through empirical juridical data analysis strengthens the validity of the research to test the effectiveness and legal security of the self-declared halal certification process.
Urgensi Rehabilitasi Sosial Terhadap Narapidana Pecandu Narkotika Di Lingkungan Lembaga Pemasyarakatan Pangestu, Raden Mas Dimas; Rahaditya, R.
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.v6i2.1412

Abstract

This article explores the urgency of social rehabilitation for drug-addicted inmates within the confines of correctional facilities. Substance abuse has become a serious issue affecting various segments of society, including those ensnared within the criminal justice system. Social rehabilitation within correctional institutions is crucial in addressing this problem. Through a rehabilitative approach, drug-addicted inmates can receive guidance, support, and the necessary skills to reintegrate into society as productive individuals. This article underscores the importance of social rehabilitation as an integral part of efforts to rehabilitate drug-addicted inmates, with the hope that these measures will have a significant positive impact on behavioral change and their overall recovery.
Penerapan Prinsip Good Faith Dalam Perjanjian Pendahuluan Pada Perjanjian Pengikatan Jual Beli Tanah Dan Bangunan Wijaya, Gregorius Febrian; Sudiro, Amad
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.v6i2.1413

Abstract

An agreement is a written or oral agreement made by two or more parties, each of whom agrees to obey what is contained in the agreement. This research uses a normative juridical approach and analysis. The research findings and discussion involve aspects such as the protection of good faith parties, the principle of good faith in the execution of agreements, and the legal implications of PPJB. The research conclusion emphasizes the importance of good faith in sale and purchase transactions, the need for legal protection for good faith parties, and the significant role of PPJB as a binding legal instrument. In the context of property sale and purchase, PPJB is perceived as an important means to protect the interests of the parties involved.

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