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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
Teori Hukum Tentang Kerugian Negara yang Nyata dan Pasti Azra Isnain, Ahmadie
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.v6i2.1442

Abstract

The uncertainty of the interpretation of state losses has created debate between law enforcement officials and legal experts. The lack of a theoretical basis means that the interpretation of state losses can be influenced by legislation made by the authorities. In state losses, it must be carefully emphasized that there is a real and certain state loss, not just an assumption, indication or potential. State finances that are used for the public interest make the flow of money must be supervised by an independent institution so that the Financial Supervisory Agency (BPK) is formed, the audit report on the financial statements of the government or institution will be reported to the House of Representatives as transparency in the audit. BPK as a government agency assigned to assess and calculate state losses, aims to detect deviations from the provisions of laws and regulations, fraud and non-compliance (abuse). BPK's conclusion on state losses can be in the form of mal-administration and unlawful acts. State losses in the exercise of authority, terms and procedures are the substance of administrative actions, while the existence of bribery, coercion, and deception in the presence of unauthorized and unlawful receipts is the substance of criminal acts.
Pembinaan Organisasi , Administrasi, dan Keuangan Pengadilan Pajak Pasca Terbitnya Putusan Mk Nomor: 26/Puu-Xxi/2023 Terhadap Kekuasaan Kehakiman yang Merdeka Taufiqurrahman, Fadhlan
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.v6i2.1443

Abstract

Tax court is one way to obtain justice in tax disputes in Indonesia. Prior to the decision of Indonesian Constitutional Court Number: 26/PUU-XXI/2023, the authority to supervise tax court was divided into two separate institutions. Where Supreme Court of Indonesia has the authority over technical development and Ministry of Finance has the authority over organizational, administrative, and financial development of tax court in Indonesia. The division of authority over management of the tax court creates a tendency for dualism in term of development of the tax court. However, with the decision of Indonesian Constitutional Court Number: 26/PUU-XXI/2023 the supervisory authority for tax court is fully transferred to the Supreme Court. This can be a solution to the problem of dualism in the authority of the tax court. The impact of this transfer of authority on the judicial power of the tax court will be the topic of discussion discussed in this paper.
Peran United Nation Environment Programme (UNEP) Sebagai Lembaga Lingkungan Hidup Internasional dalam Pengelolaan Lingkungan Hidup Insani, Kamila
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.v6i2.1444

Abstract

This research aims to examine the role and position of international environmental institutions in environmental management. Environmental issues are international issues because they have broad effects, concerning the exploitation of global resources such as oceans and the atmosphere, as well as transnational environmental destruction. The United Nations Environment Programme (UNEP) is an environmental agency of the United Nations (UN) that specifically deals with global environmental issues by actively voicing the enforcement of sustainable development in the world. The research method used in this paper is descriptive analysis method with historical approach and conceptual approach. The results of this study indicate that the UN through UNEP is able to suppress government policies in cooperation activities for the achievement of global environmental protection programs.
Liability For Processing Personal Data At Private Universities Related to Personal Data Protection Based On Indonesian Law Mulyasetya Putra, Joddy; 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.v6i2.1445

Abstract

Technological advances are like two sides of a coin that have several conditions that are not only beneficial but need to be aware of the dangers, one of which is data leakage. Data leakage does not always occur intentionally, it can occur due to the negligence of a software itself due to the weakness of its device security system. Personal data is crucial in this era of digitalization, which all of them need, including in educational institutions such as private universities. Foundations and Private Universities have a legal relationship as stipulated in the Foundation Law adjusted to the agreement made by both. Foundations and Private Universities have their respective portions in terms of their duties, functions, authorities, and responsibilities including in the management of personal data if there is a data leak who is the data controller and data processor. The type of research used is doctrinal law through the search for library materials and secondary data consisting of primary documents, secondary legal documents and non-legal documents. The research conducted will later examine the relevant legislation that regulates associated with the legal issues raised whether appropriate or not in its implementation. The results showed that based on the legal relationship, the Foundation as a controller of personal data and the Cooperative as a personal data processor. Both have their respective portions of responsibility and if there is a data leak, the responsibility is borne by the foundation stakeholder as the controller of personal data and the corporation as the beneficiary.
Pembuktian Noodweer Excess pada Tindak Pidana Pembunuhan dalam Studi Putusan Nomor 272/PID/2020/PT PDG Nur Azahra, Sakila; Romaida Hutabarat, Rugun
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.v6i2.1446

Abstract

Forced defense that goes beyond its limits is included in one of the reasons for abolition of a sentence because it protects oneself, honor and property accompanied by extreme mental shock based on reasons of forgiveness as explained in Article 49 paragraph (2) as happened in Decision Number 272 /PID/2020/PT PDG. The aim is to analyze how to prove noodweer excess in the crime of murder in the study of decision number 272/pid/2020/pt pdg. This writing uses normative or doctrinal legal research, because it uses information sources of norms. As experienced by the defendant Efendi Putra (Decision Number 272/PID/2020/PT PDG) carrying out a defense against himself due to a threat of crime carried out by Adek Firdaus, which Adek Firdaus carried out in the form of throwing a machete which he had hidden in the jacket he was wearing. suddenly so that the defendant carried out self-defense which unexpectedly crossed the line due to extreme mental shock which is a reason for expunging the crime within the excuse of forgiveness (Article 49 paragraph (2))
Penyelesaian Sengketa Wanprestasi Debitur Dalam Perjanjian Sewa Menyewa Rental Mobil (Studi Kasus Rent Car Professional) Wira Nanda, Rahmat; Yadi Harahap, Mhd.
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.v6i2.1447

Abstract

Legal provisions regarding leasing as regulated in article 1548 of the Civil Code which reads "An agreement, by which one party binds himself to provide the enjoyment of an item to another party for a certain time, with the payment of a price that the latter party can afford" , by which one party binds himself to give the other party the enjoyment of an item, for a certain time and payment of a price, which the latter party has agreed to pay. Therefore, a legal relationship arises, namely a vehicle rental agreement. It was then explained that the length of the lease depends on the agreement by both parties as outlined in the contents of the agreement as regulated in Article 1338 paragraph (1) B.W., which reads: "All agreements made legally apply as law for those who make them". Debtor default disputes in car rental rental agreements are examined by the legal relationship between the parties involved. This research uses an empirical juridical legal research approach in analyzing problems that have been formulated by combining both primary and secondary legal materials. The results of this research are to find out further processes in resolving Debtor default disputes in car rental rentals. The designation of the parties in a car rental lease is usually for the renting party to be called the debtor and the renting party as the creditor. If there is a dispute over non-compliance with the rental car rental, this will be done through deliberation/peace (non-litigation) by the creditor and debtor.
Analisis Yuridis Terhadap Tingkat Efisiensi Penyelesaian Perselisihan Hasil Pemilukada oleh MK Khastama, Iqbal; Wardana, Dodi Jaya
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.v6i2.1448

Abstract

The results of votes obtained in official legislative elections by the KPU often receive unsatisfactory responses from election participants. This was triggered by intent, negligence, technical errors, administrative weaknesses or human error. In order to realize democratic elections, the following principles should be applied; honest; independent; orderly, fair, legal certainty; prioritizing public interests; openness and transparency; proportionality; professionalism; accountability; efficiency; and effectiveness. The Constitutional Court should have credibility and professionalism as a decision maker in election disputes. In 2019, 676 PHPU cases were reported to the Constitutional Court and 1135 other cases related to Kada PHP. UU no. 7 of 2017" has been ratified as a codification of election law, in order to create consistency and legal certainty as well as effective and efficient elections. Brazil, as one of the countries with the title of an effective election system, has an institution called "the Electoral Judges for municipal elections", which can be used as a reference by Indonesia in resolving disputes over regional election results. The method used in this research is normative, with explanatory explanations, using various library sources.
Kajian Hukum Terhadap Status Kepemilikan Tanah di Sulawesi Tenggara Arifin, Melissa; Djaja, Benny
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.v6i2.1449

Abstract

and has a very significant role and value in human life, which is reflected in the many land conflicts that have existed in various forms and contexts throughout history. This research applies a legal and sociological approach, using an interactive analysis model. The research results show that land conflicts in society are very diverse, including inheritance disputes, grants, and land buying and selling transactions. Factors that trigger land conflicts generally include the high economic value of land, increasing public awareness, increasing population, and the problem of poverty. In general, resolving land conflicts in society can be divided into two approaches, namely through court processes (litigation) and outside the court (non-litigation). Out-of-court settlements that are generally applied by the community include various methods, such as negotiation involving interested parties, mediation involving an independent third party as a mediator, and facilitation involving more than two parties to find a joint solution.
Pandangan Yuridis Terkait Sistem Pengolahan Tanah Kas Desa Gunawan, Mohammad Sigit; Karina, Siska
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.v6i2.1450

Abstract

This research explores the juridical perspectives related to the village treasury land management system. The primary focus of this study is the analysis of legal aspects associated with the administration of village treasury land, including ownership, utilization, and regulations governing the system. Through a juridical approach, this research delves into the existing regulations, relevant policies, and legal viewpoints influencing the village treasury land management system. By understanding these juridical perspectives, it is anticipated that this study will contribute to the improvement and development of the village treasury land management system in accordance with applicable legal provisions.
Efektivitas Pembuktian Mengenai TPPU Ditinjau Dari UU No. 8 Tahun 2010 Tentang TPPU Pangaribuan, Yosep Martua Ganda; Marihot Marpaung, Sandro; Ferdiansyah, Reza
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.v6i2.1451

Abstract

Corruption and money laundering cases, or Money Laundering Crimes (TPPU), have had significant negative impacts and incurred substantial losses for the country, reaching 138.39 trillion Indonesian Rupiahs from 2012 to 2022. In the efforts to address and uncover corruption and money laundering cases, Law No. 8 of 2010 concerning money laundering serves as the legal foundation for handling corruption cases. One of the processes stipulated in this legislation is the process of proving money laundering and corruption offenses. The evidentiary process plays a crucial role, where the search for evidence in corruption and money laundering cases forms the basis for court proceedings to assess whether the defendants or potential suspects in corruption cases have indeed committed money laundering and corruption offenses. However, the evidentiary process poses challenges due to numerous obstacles, especially when corrupt funds are transferred abroad. Researchers employed a normative juridical research method, utilizing descriptive analysis to assess the effectiveness of proving money laundering according to Law No. 8 of 2010. Based on the research conducted by the researchers, it was found that there are advantages in the law, such as facilitating investigators in obtaining banking data and sharing responsibilities with the Financial Transaction Reports and Analysis Center (PPATK) for analyzing the evidence. However, from a weakness perspective, the law has not provided investigators with the flexibility to seek evidence abroad and remains susceptible to threats

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