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Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
Journal Mail Official
editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
Location
Kota padang,
Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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
Search results for , issue "Vol. 6 No. 2 (2023)" : 758 Documents clear
Ganti Rugi Atas Gagal Panen Kolam Ikan Karena Kebocoran Limbah Tambang Emas Perspektif Fatwa MUI No. 22 Tahun 2011 Tentang Pertambangan Ramah Lingkungan di Desa Panyabungan Jae Kabupaten Mandailing Natal Atikah, Atikah; Hidayat, Rahmat
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.v6i2.1432

Abstract

At the Panyabungan Jae gold mine location there was a waste leak, this waste leak caused losses due to fish pond harvest failure in the area. This research aims to find out the gold mine's compensation obligations for failed harvests in farmers' fish ponds. This research uses a qualitative method with an empirical juridical type of research, where the phenomenon to be studied is the phenomenon of crop failure caused by leakage of gold mining waste. Data was collected from observations and interviews with related parties, namely interviews with the mine and interviews with the pool owner. From the results of this research, it was found that in Islamic law, one party's mistake causes harm to the other party, so they have to fight. This is in accordance with what is explained in MUI Fatwa No. 22 of 2011 that gold mining business actors are obliged to offer to improve the environment and compensate for losses from fish pond harvest failures caused by waste leaks which result in losses for local residents in utilizing river flows. for irrigating rice fields and for daily needs, especially for fish pond farmers.
Permasalahan Sengketa Kepemilikan dengan Alas Hak Surat Keterangan Riwayat Tanah (SKT) Serta Akibat Bagi Pemegangnya Albright Sitompul, Helena
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.v6i2.1433

Abstract

This article discusses the position of a Land History Certificate or "SKT", when used as proof of ownership of a plot of land in general or when litigating in court. The purpose of this writing is to provide education regarding the existence of SKT which is used as proof of land ownership and its position at the level of land law in Indonesia. The results of the research are that a certificate is the highest proof of control and ownership of land, so that normatively there is no single piece of evidence, including SKT, which can replace the position of a certificate in the context of proving land rights. However, the process of obtaining a certificate is not easy, which is an obstacle, so there is still a lot of land that has not been certified. The assumption that SKT is strong evidence is still often found in society. This perspective results in the land certification process becoming less important and having a certificate is not a necessity. SKT is considered capable of providing a sense of security for its holders. For SKT holders, by referring to the mixed publication system adopted in the land registration regulations, in terms of evidence, it is possible for the SKT to become proof of land ownership. The negative publication system with positive elements means that the Certificate is strong evidence, but not absolute, so that anyone who feels most entitled as the holder of land rights, should be able to prove themselves with the evidence they hold.
Pertanggungjawaban Hukum Terhadap Kebocoran Data Pribadi pada Perusahaan Pengelola Jasa Keuangan Berbasis IT Edbert, Felicia; Syailendra Putra, Moody Rizqy
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.v6i2.1434

Abstract

The increasingly widespread problem of personal data leakage in Indonesia has become a concern for many parties, considering that protecting personal data is one of the human rights that must be protected. One sector that is vulnerable to being targeted by hackers is the financial technology sector or often called fintech. In 2020, a cyber attack occurred which caused a fintech platform called Cermati to experience a data leak which resulted in the leaking of 2.9 million users' data. This of course raises questions about how accountable the organizers are for this event. For this problem, the author will analyze in more depth using normative juridical methods regarding the form of accountability for the Cermati organizing body. The research results show that in fact Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector, and Financial Services Authority Regulation Number 10/POJK.05/ 2022 of 2022 concerning Information Technology-Based Joint Funding Services has provided an accountability mechanism for personal data controllers, namely PT. Dwi Cermat Indonesia, where customers who experience losses can file civil lawsuits for material and non-material losses, as well as apply for administrative sanctions to PT. Dwi Cermat Indonesia due to the lack of complete and in-depth notification regarding the leak case that occurred. Apart from that, there needs to be direct education by other fintech organizing bodies to customers to prevent personal data leaks.
Dinamika Tenaga Kerja Asing Terhadap Tenaga Kerja Lokal: Implikasi dan Tantangan dalam Investasi Sumber Daya Manusia Ramadhano, Ibrahagi; Lie, Gunardi
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.v6i2.1435

Abstract

The issue of foreign workers is increasingly receiving media and national attention. However, to date research into the nature and consequences of employing foreign workers in Indonesia is still limited. The introduction of significant changes in the recruitment phenomenon ended in a painful and traumatic atmosphere that was almost unacceptable for the local workforce in Indonesia. This research aims to look from an industrial relations perspective which plays an important role in employing foreign workers. The research results will show the employment status of local workers and the rights of local labor unions which are affected by the use of foreign workers. In addition, the research provides a number of recommendations, including the need for further development in reducing the employment of foreign workers and better targeting of vulnerable foreign workers in relation to labor laws.
Sanksi Pidana Terhadap Anggota TNI dalam Perspektif Keadilan Berdasarkan Pasal 363 Ayat (1) KUHP (Studi Putusan No.126-K/PM.II-08/AD/VII/2020) Husni, Rahmadani; 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.v6i2.1436

Abstract

Criminal acts of theft that occur in Indonesia are not only committed by the general public, there are also thefts committed by several elements of the state apparatus, such as theft committed by members of the Indonesian National Army (TNI). If during the term of office a member of the TNI carries out activities against the law or this is related to a criminal act, the Military Police have the authority to carry out the inquiry and investigation process in accordance with the applicable rules and SOPs in the Criminal Procedure Code (KUHAP) and the Law. -Law Number 31 of 1997 concerning Military Justice. In Article 69 paragraph (1) of Law no. 31 of 1997. Normative research is used by the author because it applies legal theories and positive legal regulations in analyzing legal criminal sanctions. Meanwhile, the results obtained from this writing are that the main criminal sanction is imprisonment, and additional criminal sanctions are in the form of dismissal.
Kedudukan Hukum Penguasa Fisik Garapan Terhadap Pihak Ketiga Berdasarkan Sertipikat Hanifa, Marsya; Awiati, Wiwiek
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.v6i2.1437

Abstract

The dispute over ownership of land rights between PT Sentul City Tbk and 6000 residents of the physical rulers of arable land located in Bojong Koneng Village, Babakan Madang District, Bogor Regency due to claims from PT Sentul City Tbk who claimed to be the owner of land rights based on proof of ownership in the form of Building Use Rights Certificates however, PT Sentul City Tbk itself has never carried out activities on land while there are around 6000 residents who occupy and control physically and have never been raised objections or resistance from any party or from PT Sentul Citty Tbk for more than 50 (fivety) years. The purpose of the study was to find out how the legal position of the physical ruler is cultivated against certified third parties. The research method used is normative, the nature of the research used is descriptive-analytical, the type of data used is primary and secondary data, data analysis is carried out descriptively-qualitatively and quantitatively, and conclusion making is carried out with deductive logic. Ownership of land rights can be proven by the fact of physical control of land parcels for 20 (twenty) consecutive years or more, besides that the holder of a certificate of proof of rights in the form of building use rights is obliged to carry out construction and cultivate his land according to designation and is prohibited from abandoning land, if it occurs, the right to use the building will be erased.
Perwujudan Good Governance Pada Pelayanan Publik Melalui Aplikasi Peduli Lindungi Kurniadi, Surya
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.v6i2.1438

Abstract

The provision of public services is the state's effort to fulfill the basic needs and civil rights of every citizen regarding goods, services and administrative services provided by public service providers, so that the effectiveness of a government system is largely determined by the good and bad implementation of public services. In this case, the Preamble to the 1945 Constitution in the 4th paragraph also expressly stated that one of the objectives of the establishment of the Republic of Indonesia was to advance the welfare of society and make the nation's life intelligent. When the Covid-19 pandemic situation occurred in Indonesia, the Government made maximum efforts to overcome the spread of the Sars Covid-19 Virus through the PeduliLindung application, which is a form of the Indonesian government's response to overcome the threat of the Covid-19 pandemic. This application is a form of government presence in issuing public policies and as an instrument for tracking the spread of the Covid-19 virus in Indonesia.
Penjaminan Hak Atas Tanah oleh Penjual yang Objeknya Telah Terikat dalam Perjanjian Qalby Rahman, Tenriana Nur
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.v6i2.1439

Abstract

The Binding Purchase Agreement (PPJB) occurs when there are conditions of land purchase that have not been fulfilled yet. PPJB provides an opportunity for sellers with ill intentions to sell or pledge their land to a third party outside of PPJB. This is due to the fact that the certificate is still in the seller's name and there is no information available about the land being bound in PPJB. This study addresses two main issues, namely the position of the encumbrance rights on the land that has been sold based on PPJB, and secondly, the legal protection for the buyer in PPJB and the creditor as the party with good intentions. The research method used is doctrinal legal research conducted through document study. The type of research used is explanatory. The results of this research indicate that the imposition of rights over the land by the creditor as the seller in the Binding Purchase Agreement (PPJB), which has been fully paid, can be canceled due to good intentions. Legal protection is provided by stating that the buyer with good intentions is the rightful owner of the disputed land, while for the creditor, the protection given is not to cancel the Encumbrance Rights, but to renew the object of Encumbrance Rights on other assets owned by the debtor.
Kedudukan Harta Bersama dalam Perkawinan Campuran Antara Warga Negara Indonesia dan Warga Negara Asing Pebrina Harahap, Annisa; Hapsari Setyorini, Hening
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.v6i2.1440

Abstract

Marriage is a form of cooperation between a man and a woman in society under special regulations and this is taken into account by religion, state, and custom. In general, marriage is a process of uniting two different individuals into a husband and wife with the aim of building a household and strengthening brotherhood between families. Marriage not only concerns the individual of husband and wife but also concerns all family and community matters. The definition of marriage based on the provisions of Article 1 of Law Number 1 of 1974 concerning Marriage states that "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the belief in the Almighty God." Marriages can be carried out with different nationalities which are called mixed marriages. Article 57 Law no. 1 of 1974 Mixed Marriage is a marriage between two people who in Indonesia are subject to different laws, due to differences in nationality. The consequences of mixed marriages can have an impact on the status of children and marital assets because each country has its policies regarding mixed marriages and citizenship. In addition to containing matters related to marriage, the Marriage Law regulates marital property. This field is one of the areas of civil law with a sensitive nature and the potential to cause conflict because regulating this field is not as easy as regulating neutral legal fields. The complexity of problems in the area of ​​wealth resulting from mixed marriages, apart from being based on the Marriage Law No. 1 of 1974, also deals with the principles of International Private Law.
Evaluasi Tanggung Jawab Pelaku Usaha Terhadap Perlindungan Konsumen Dilihat dari Perspektif Hukum Pembatalan Penerbangan Patricia Margaretha, Irene; 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.v6i2.1441

Abstract

This research aims to evaluate the responsibilities of business actors, especially airlines, regarding consumer protection in the context of flight cancellations, with a focus on the legal perspective. Flight cancellations are often a complex issue, raising questions about the rights and obligations of business actors as well as the protection provided to consumers. This research will analyze the legal framework that regulates consumer rights and the responsibilities of business actors regarding flight cancellations. This legal approach will include a review of applicable aviation regulations, air carriage agreements, and consumer protection laws. In addition, this research will evaluate the extent to which the implementation of business actors' responsibilities is in accordance with applicable legal provisions and the impact on consumer protection.

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