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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
Perlindungan Hak Individu Melalui Pendekatan Lex Favor Reo Di Sistem Hukum Pidana Nadhir, Khibran; Firmansyah, Hery
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.v6i2.1523

Abstract

Individual rights are the personal rights of Indonesian citizens in the eyes of the law, including within the criminal law system. The criminal law system in Indonesia recognizes "lex favor reo" as one of the principles in the imposition of criminal punishment. However, Indonesia has undergone a transition from the old Criminal Code (resulting from concordance) to the new Criminal Code as the national Criminal Code. The purpose of this research is to analyze the protection of individual rights with a lex favor reo approach in the criminal law system. The research method used is normative research with a legal approach and the collection of legal materials through library research for descriptive analysis. The results of this research show that Indonesia has protected individual rights in the national Criminal Code as human rights. Furthermore, with the implementation of the new Criminal Code, the principle of lex favor reo, namely the lex favor reo principle, will be resolved based on corrective justice, where criminal sanctions contained in the old Criminal Code are designed to be oriented towards the recovery or compensation for victims of criminal acts. Although there are criminal sanctions, the criminal sanctions in the new Criminal Code also constructively embody the "spirit" of corrective justice.
Analisis Yuridis Pemberatan Pidana Terhadap Terpidana Residivis Terorisme Apricia, Nadira; 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.v6i2.1524

Abstract

Sentencing does not always have a deterrent effect on the perpetrator. The large number of perpetrators who repeat their crimes is proof that the punishment imposed on them does not have a deterrent effect. There needs to be regulation regarding the repetition of criminal acts, especially regarding serious crimes such as criminal acts of terrorism. Improving criminal penalties for repeat criminals or recidivists can be used as a step to reduce and prevent repeated crimes. This research uses the Muhammad Basri case as an example of a repeat case of criminal acts of terrorism. This research aims to find out how criminal penalties are imposed on terrorist recidivists.
Analisis Keabsahan Akta Di Bawah Tangan Atas Jual Beli Tanah yang Mengandung Cacat Kehendak Serta Penerapan Kriteria Pembeli Beritikad Baik (Studi Putusan Nomor 18/Pdt.G/2021/Pn Wtp) Ajo, Fransiska Litania Ea Tawa; Djajaputra, Gunawan
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.v6i2.1525

Abstract

The purpose of writing this article is to find out the validity of buying and selling land under the hands and also to understand the criteria for buyers in good faith. The basis of this research is Decision Number 18/Pdt.G/2021/PN Wtp. This writing uses normative juridical research methods. Based on the analysis and looking at the court decision, it is known that the sale and purchase carried out is invalid because the land is inherited land that has not been divided, but the seller who is the heir sells the land without the knowledge of the other heirs so that the sale and purchase contains a defect in the will because it is not based on an agreement. together. However, the sale and purchase was also based on deception carried out by the seller against the buyer (Defendant) where the buyer was not aware of any defects in the sale and purchase. Based on this, the buyer should be said to be a buyer in good faith, but even so, the buyer is obliged to objectively examine the ownership of the land.
Kekuatan Pembuktian Saksi Testimonium De Auditu Dalam Tindak Pidana Kejahatan Terhadap Kesusilaan (Tinjauan Putusan Perkara Pengadilan Negeri Surabaya Nomor 1361/Pid.B/2022/PN. Sby) Kristanto, Respati Bayu; Puspitosari, Hervina
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.v6i2.1526

Abstract

This research aims to determine the evidentiary strength of testimonium de auditu and its position as a witness in trials of crimes against morality. This research uses normative legal research methods with a statutory approach, a case approach using Surabaya District Court Decision Number 1361/Pid.B/2022/PN Sby. The data collection instrument was carried out through secondary data obtained from literature. The data obtained is in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data is then arranged systematically through an emphasis on understanding using qualitative descriptive methods. The results of this research indicate that the position and strength of a testimonium de auditu witness in a court trial is valid in accordance with the Constitutional Court decision No. 65/PUU-VIII/2010 and its strength depends on the conformity between the facts in the field and the witness' testimony in the trial. Then, further regulation is needed in the future regarding the meaning of witness testimonium de auditu in the upcoming revision of the Criminal Procedure Code regarding the differences in meaning with Constitutional Court Decision No. 65/PUU-VIII/2010 for the sake of implementing justice as well as legal certainty in a criminal justice process.
Bagaimana Keberlakuan Hak Waris di Indonesia Immanuel Rich, Johannes; 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.v6i2.1527

Abstract

This research investigates the implementation of inheritance rights in Indonesia with a focus on the role of customary law, religious law, and positive law in the distribution of inheritance. The research findings illustrate the complexity of the property inheritance system which is influenced by local norms, traditional traditions and religious values. Although Indonesia has national regulations governing inheritance rights, customary law often dominates the division of property in various regions, creating significant variations. Religious law, especially Islamic law, also plays a key role, although implementation varies across different Muslim communities. This research highlights the problem of gender inequality in the inheritance of property and the complexity of modern family structures as the main factors influencing the implementation of inheritance rights. In addition, the economic impact of inheritance rights is highlighted, with particular attention to property management, fair distribution, and protection of heirs' rights. Policy recommendations include legal reform, increasing public awareness, and empowering women to create a more inclusive and fair inheritance rights system in Indonesia.
Perlindungan Hukum Terhadap Jual Beli Tanah yang Dilakukan dengan Itikad Baik Firman, Handy; Gunawan, Gunawan
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.v6i2.1528

Abstract

Land transactions play a crucial role in social and financial aspects, particularly concerning property ownership. The integrity and good faith of involved parties in these transactions are pivotal in legal protection, especially in safeguarding well-intentioned buyers. This study aims to explore the legal framework, challenges, and outcomes regarding land transactions involving buyers with good intentions, focusing on Indonesian law. The objective is to examine the existing legal framework, challenges, and outcomes associated with such transactions to ensure fair and proper practices. This research adopts a normative approach, emphasizing an in-depth analysis of existing legal texts, court decisions related to cases involving buyers acting in good faith during land transactions, and relevant legal documents. The primary focus is on "written law," exploring statutes, government regulations, and court decisions related to these transactions. Key findings highlight the significance of good faith in contractual agreements, regulated in the Indonesian Civil Code. Buyers acting in good faith during land transactions are entitled to legal protection according to Article 1338 of the Civil Code. This principle, reinforced by Circular Letter No. 7/2012, safeguards honest buyers even when the seller lacks valid property rights. However, complexities in law enforcement arise due to conditions for valid agreements, land registration, and the pivotal role of a notary or Land Deed Official (PPAT) in the transaction process.
Kompetensi Absolut dalam Badan Arbitrase Nasional Indonesia dalam Penyelesaian Sengketa Berdasarkan Perjanjian Penyaluran Tenaga Listrik (Studi Putusan Nomor: 681/Pdt.G/2019/Pn.Jkt.Sel) Agustinus Alva, Jonathan
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.v6i2.1530

Abstract

Arbitration is one way between parties to resolve an arbitration based on an agreement made by the parties. Settlements using arbitration are generally made by the parties by inserting an arbitration clause into an agreement to resolve a settlement outside of court for the parties. However, in practice, the settlement for the parties is still carried out in court, which should refer to the contents of the agreement which contains an arbitration clause, then the settlement of the parties must be carried out through arbitration in accordance with the contents of the agreement agreed to by the parties, which is binding on the parties. party. So this research raises two main problems, namely how the provisions for arbitration settlement are based on the arbitration clause agreement regarding the Pactum de Compromittendo in Indonesia. Based on Law 30 of 1999 concerning arbitration and alternative settlements and what are the legal provisions in Indonesia regarding absolute competence in cases of arbitration clause agreements in Indonesia. To answer this problem, normative juridical research was carried out on study decision number: 681/PDT.G/2019/PN.JKT.SEL. Data processing is carried out qualitatively, while conclusions are drawn based on deductive logic. Based on analysis of study decision number: 681/PDT.G/2019/PN.JKT.SEL. It is known that there are agreements that contain an arbitration clause made by the parties, but the settlement is resolved through court and then the court still accepts and decides on the settlement, even though the agreement made by the parties contains an arbitration clause.
Polemik Mahkamah Kontitusi Terhadap Pertimbangan Open Legal Policy dalam Putusan Perkara Perpanjangan Masa Jabatan Pimpinan Komisi Pemberantasan Korupsi (KPK) Haidir Madan, Muhammad Rechanda
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.v6i2.1531

Abstract

The importance of the Constitutional Court giving birth to decisions that contain substantial justice to what the community needs, one of which is to examine the law against the 1945 Constitution (UUD 1945). The authority of the Constitutional Court is actually allowed to go beyond what is stated in the law, only if the law confines the Constitutional Court judges in upholding justice such as Positive Legislature. In Decision Number 112/PUU-XX/2022, the Constitutional Court granted a judicial review request against Law Number 19 of 2019. One of the Court's decisions was to grant a change in the term of office of the KPK leadership, which was originally 4 years to 5 years in one term. This decision is actually the domain of lawmaking institutions, the Constitutional Court's view on open legal policy is part of a policy whose domain is outside of its competence in several specific articles in the law. Open legal policy actually needs to be given a limit by reflecting on its practice and foundation in several countries. This research uses a doctrinal research method which is a library legal research conducted by examining library materials or secondary data which is then supported by comparative studies of various countries. The results showed that the Constitutional Court should have rejected this case because it is an open legal policy that should be returned to the authority of the legislature. The Constitutional Court's decision on the extension of the KPK's term of office is controversial because it violates the principle of division of powers in state institutions. Its consideration was also not based on the urgent interests of citizens. Therefore, the author compares the practice with other countries, such as the United States, which overcomes the open legal policy gap with the use of the political questions doctrine, which provides clear boundaries to see a moment when the judiciary must take action with the orientation of restoring citizens' rights, and when it must refrain according to the concept of separation of powers. However, other countries such as Poland, Ukraine and Hungary have used open legal policy as a tool to reduce political attacks on the constitutional judiciary.
Analisa Hukum Terhadap Pemanfaatan Logam Tanah Jarang Berdasarkan UU No. 3 Tahun 2020 Tentang Perubahan Atas Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara JO. PP No. 96 Tahun 2021 Tentang Pelaksanaan Kegiatan Usaha Pertambangan Haris Budi Agung, 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.v6i2.1532

Abstract

The management and utilization of rare earth elements (REEs) have not been comprehensively regulated in the existing national legislation. Nevertheless, an analysis of Law No. 3 of 2020, which amends Law No. 4 of 2009 on Mineral and Coal Mining, suggests that the management of REEs is carried out within the framework of downstream mining policies that focus on increasing the value-added to raw materials, including purification processes before distribution to the market can be done. Government Regulation No. 96 of 2021 on the Implementation of Mineral and Coal Mining recognizes that rare earth metal elements such as monazite and xenotime are part of metallic minerals, and the obligation for processing and/or purification of REEs is outlined in the Minister of Energy and Mineral Resources Regulation No. 25 of 2018. even though the existence of LTJ has a strategic role in providing industrial and defense needs in the future. The currently very limited management and utilization policy for REEs in the country is contradictory to the latest sea sand sedimentation management policy contained in Government Regulation Number 26 of 2023 because it implies that there is an opportunity to export sea sand and its derivative products without prioritizing the conservation aspect of REEs. Regarding the relevant authority, the management and utilization of REEs also involve two central ministries, namely the Ministry of Energy and Mineral Resources and the Ministry of Industry, in order to create an effective and optimal roadmap for REEs management and utilisation in line with national interests.
Tindak Pidana Pencemaran Nama Baik di Muka Umum Terhadap Pejabat Negara (Studi Putusan Nomor:52/Pid.B/2020/PN Mjn) Susilowati, Anisa; Khutub, 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.v6i2.1552

Abstract

The crime of public defamation against a state official is an act that defames a person who serves as a state official (such as the President, Minister, Member of Parliament, etc.) with the aim of creating public distrust of the official. This action can be done in various ways, such as spreading false information, slander, or insults against the state official openly to the public. This research uses a normative method by examining Decision Number 52/Pid.B/2020/PN.Mjn in the case of Defamation. The results show that Article 310 of the Criminal Code is often used to punish individuals who want to reveal the truth, but have difficulties due to unclear defamation regulations. This is due to the lack of clarity in the concepts of "public interest" and "forced self-defense" contained in Article 310 paragraph 3 of the Criminal Code as a reason to waive criminal sanctions.

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