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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
Pertimbangan Hakim Menjatuhkan Pidana Terhadap Turut Serta dalam Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial (Studi Kasus Putusan Pengadilan Negeri Padang Nomor 700/Pid.Sus/2020/PN Pdg) Putra, Adrian Bima; Danil, Elwi; Rias, A. Irzal
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.v6i2.1490

Abstract

In the practice of law enforcement against criminal acts of defamation through social media in the jurisdiction of the Padangv District Court, we can see the judge's decision to sentence the defendant to prison for violating the ITE Law. The judge in decision Number 700/Pid.Sus/2020/PN Pdg on behalf of Robby Putra Eryus, nicknamed Robby, was legally and convincingly proven to have committed a violation against. Article 27 paragraph (3) of the ITE Law in conjunction with Article 56 paragraph of the Criminal Code. This research is normative juridical research using secondary data. This research is a descriptive analysis. The research results show that: 1. The judge's consideration in imposing a conditional sentence on the defendant was based on the consideration that the defendant's actions were carried out not only for the defendant's personal interests but also for the interests of society, which were related to humanity, in this case because of community service. 2. The perspective of justice assesses that the criminal penalties imposed on those involved are in accordance with the views and principles of justice, especially according to Rawls.
Analisis Perjanjian Internasional Dalam Kerja Sama Kota Bersaudara (Sister City) (Studi Kasus Medan – Penang) Al Havif, Hasan; Ginting, Dewi Elvira
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.v6i2.1491

Abstract

The cooperation agreement between the cities of Medan and Penang, Malaysia, emerged from the cultural and ethnic similarities of the two communities, which began in October 1984 with the aim of developing cross-regional cooperation. However, since 2019, the Sister City agreement between the two has ended. This research aims to investigate international cooperation, especially Sister City between the cities of Medan and Penang, as well as the factors causing the end of this cooperation. The research method used is the analytical description method to explain the facts related to the problem being investigated. The main data was obtained through interviews, literature studies and research data. The research results show that the implementation of Medan City's authority in international relations, especially cooperation with Penang, still refers to the MoU mutually agreed upon since 1984 and has not been updated. The stagnation of this collaboration between the DPRD of Medan City and Penang City is influenced by several obstacles, including external and internal government issues, these problems are what have stopped the sister city agreement between Medan and Penang.
Dewan Adat Suku Ngalum: Warisan Pengetahuan Tradisional untuk Generasi Milenium di Papua Mimin, Davit; Kisamlu, Tenas; Belolon, Handrianus Koli
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.v6i2.1495

Abstract

The preservation of the Ngalum Tribe's culture serves as the key to their identity. This research highlights the lack of understanding among the general public regarding Papua's tribes, revealing the uniqueness of the Ngalum Tribe and identifying obstacles in preserving their educational and traditional knowledge heritage. Employing qualitative research methods, the study focuses on the role of the Ngalum Tribe's Council of Customs in transferring cultural knowledge and sustaining traditional values in the Oksibil District, Pegunungan Bintang Regency. Data collection involved observation, interviews, document studies, and analysis through data triangulation. The results indicate that the development of the Ngalum Tribe's traditional teaching system is less effective, with a lack of creativity among the millennial generation and various challenges such as difficulties in developing cultural tools, high maintenance costs, and insufficient understanding of traditional dances. Improvements entail an innovative approach to the teaching system, active support for millennial creativity, and the exploration of financial solutions. Despite the challenges, the preservation efforts are progressing well.
Perlindungan Hukum Konsumen Terhadap Pengguna Qris dan Penanganan Penipuan dalam Bertransaksi Krisma Bima Tara, I Komang; 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.v6i2.1498

Abstract

In using e-payments such as e-money, it is highly recommended to pay attention to technology that has weaknesses in its technical use. This causes problems regarding the payment system that uses electronic money, especially QRIS, which is becoming increasingly complex so that it demands legal protection with regulations for QRIS users, then also causes the vulnerability of criminal acts of fraud committed in using QRIS. The legal protection that can be given to QRIS user consumers is through preventive legal protection related to digital transactions through the QRIS system carried out with an understanding and awareness for the public regarding the procedures for using the QRIS system in transactions including potential criminal acts. Repressive legal protection is carried out with certain developments by law enforcement officials so that they are ready and alert in the face of criminal acts of digital transactions that utilise the QRIS system. In addition, if the QRIS system is internally problematic, it is necessary to regulate the liability of the QRIS system maker or publisher for the losses incurred. Apply the ITE Law to perpetrators who commit fraud against consumers in transactions using QRIS.
Pengendalian Internal dan Kualitas Pelayanan Disektor Kesehatan Masyarakat Pemerintah Daerah Kabupaten Garut Lestari Dewi, Nunik; Agus Wijaya, I Nyoman; Jovita, Gabriella Alodia
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.v6i2.1500

Abstract

One important element in achieving quality of life for national development is public health. This research is to examine the effect of internal control on the quality of health services at Garut Regency Regional Government General Hospital and Community Health Centers. The population of RSUs and community health centers in Garut Regency is 72. The sampling technique was carried out using a convenience sampling technique at 20 health facilities, consisting of 4 RSUs and 16 community health centers. Data collection was carried out using a questionnaire. The data were processed using SPSS tools and analyzed using regression tests. The results show that internal control has a 69.2% influence on the quality of health services in community health centers and hospitals in the Garut Regency Government.
Perlindungan Melalui Hukum Pidana Terhadap Kerahasiaan Identitas Diri Anak Korban Renardi Idfidian, Teuku; Adhari, Ade
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.v6i2.1501

Abstract

Sexual violence reported in print and online media has both negative and positive impacts on victims of sexual violence. The identity of child victims must be kept confidential from the public. A child's identity that is not kept confidential can have a negative impact on child victims, especially child victims of sexual violence. The name of the Child Victim, which should be kept confidential, can be found in the Court Decision which can be accessed on the Supreme Court Directory Website (putusan3.mahkamahagung.go.id). The decision mentions details about the incident of sexual violence that is directly related to the Child Victim of sexual violence. For violation of this prohibition, the perpetrator should be subject to punishment according to applicable regulations.
Dissenting Opinion Pengangkatan Anak oleh Kakek Kandung Analisis Putusan Pengadilan Agama Demak No.0033/Pdt.P/2010/PA.Dmk Nabila, Khofifah; Harahap, Mhd Yadi
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.v6i2.1503

Abstract

Adoption or what is known as adoption or tabanni is the adoption of someone else's child as their own child but the biological parents do not necessarily let go of their hands, only that they will still have a relationship with their child. According to Government Regulation no. 54 of 2007 concerning Implementation of Child Adoption. This research applies a normative juridical method (Legal Research), which is a type of research used to examine the rules or norms in positive law. After conducting this research, the results obtained were that there was a Dissenting Opinion regarding the decision in the case of appointing a grandson as an adopted child, where the opinion of the Member Judge was afraid that there would be problems regarding inheritance if it was granted and the opinion of the Chief Judge of the Panel could be granted for the benefit of the child himself, without sever the lineage relationship with the biological parents as well as the prospective adoptive parents of the same religion as the child concerned or the same religion as the biological parents of the child concerned if the child is still small.
Prinsip Individualisasi Pidana Dalam Penempatan Narapidana Berdasarkan Jenis Kejahatan Cassilas, Anggian; Hutabarat, Rugun Romaida
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.v6i2.1504

Abstract

The development of prisoners in prison aims to foster prisoners so that they do not repeat their crimes and become better individuals so that they can be accepted back into society. In fostering prisoners, the classification of prisoners must be applied. The classification of prisoners is an application of the principle of individualization. The principle of individualization of punishment is one part of the purpose of punishment. Article 12 of Law Number 12 Year 1995 on Corrections once regulated the classification of prisoners based on the type of crime. In its amendment, namely in Article 36 paragraph (4) of Law Number 22 Year 2022 on Corrections, it no longer regulates the classification of prisoners based on the type of crime. The placement of prisoners is only classified based on age and gender or other reasons based on risk assessment.
Pertanggungjawaban Hukum Calon Notaris dalam Menjaga Kerahasiaan Pembuatan Akta dalam Optik Kepastian Hukum Khemal Akbar, Moh.; 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.v6i2.1506

Abstract

In functional subjectivity in law, a person who is a notary in criminal or civil and administrative matters due to the impact of not being able to maintain the confidentiality of the making of a deed can be associated through laws that are related to preventive legal protection for notaries. The aim of writing this scientific work is to analyze legal accountability. notary candidates in maintaining the confidentiality of deed making in the optics of legal certainty. The research method used is the Normative Juridical method, with a statutory and conceptual approach. The types of legal materials are primary, secondary and tertiary using literature study techniques to search for legal materials. Analysis techniques for systematic interpretation of legal materials. The results obtained are efforts to protect the legal liability of prospective notaries in maintaining confidentiality making deeds in the optics of legal certainty contained in preventive law which has 2 (two) aspects, namely the internal aspect preventive legal protection in the form of considering worker qualifications, increasing supervision, making work agreements and repression. On the side externally, there are special provisions in the UUJN regarding the position of workers as an instrument witness. Repressive legal protection in the form of filing criminal cases and civil lawsuits. The existence of repressive efforts constitutes mitigation efforts, meaning that these efforts are emphasized more in the event of a lossborne by the Notary
Permohonan Pemutusan Hubungan Kerja oleh Pekerja/Buruh Karena Dirumahkan Tanpa Upah Lebih dari Tiga Bulan (Analisis Putusan Nomor: 398/Pdt.Sus-PHI/2021/PN. JKT. PST): (Analysis Verdict Number : 398/Pdt.Sus-PHI/2021/PN. JKT. PST ) Hermanto, joni; Rumainur, Rumainur
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.v6i2.1511

Abstract

At the end of 2020, to be precise in November 2020, the government passed Law Number 11 of 2020 concerning Job Creation. Several months later, namely in February 2021, the government stipulated implementing regulations for Law Number 11 of 2020, namely Government Regulation Number 35 of 2020 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time, as well as Termination of Employment Relations. People infected by the COVID-19 outbreak continue to increase every day, and the number of deaths due to the COVID-19 outbreak continues to increase. The Central Government and Regional Governments have issued policies to prevent and overcome the spread of the COVID-19 outbreak, namely by implementing Large-Scale Social Restrictions (PSBB) and Implementing Community Activity Restrictions (PPKM). With the implementation of PSBB and PPKM by the government, several sectors, especially the accommodation provision sector, tourism businesses, food and beverage businesses, real estate, and construction experienced direct impacts as a result of the COVID-19 pandemic and the existence of PSBB and PPKM. The tourism sector, especially hotels, experienced a decline in income due to the lack of overnight guests, forcing entrepreneurs to lay off workers without providing wages to reduce expenses and save company finances. This thesis research analyzes the impact caused by laying off workers/laborers without being paid wages and legal considerations regarding the decision of the Industrial Relations Court at the Central Jakarta District Court with case number: 398/Pdt. Sus PHI/2021/PN. JKT. PST. The purpose of this decision analysis is to find out requests for termination of employment (PHK) by workers or employees due to being laid off for more than three months without wages based on Law Number 11 of 2020 concerning Job Creation.

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