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Iyah Faniyah
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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
Penyelesaian Sengketa Perceraian Di Pengadilan Agama Pasca Pemberlakuan Sema Nomor 1 Tahun 2022 (Analisis Putusan Pengadilan Agama Painan Nomor 492/Pdt.G/2023/PA.Pn.) Ilham Azizul Haq, Muhamad; Yasniwati; Yaswirman
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.v6i2.1554

Abstract

This study aims to analyze the settlement of divorce disputes in religious courts after the implementation of the Circular Letter of the Supreme Court of the Republic of Indonesia Number 1 of 2022 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2022 as Guidelines for the Implementation of Tasks for the Courts dated December 15, 2022. The method used for this research is a normative legal research method that refers to literature research and laws, then data collection and analysis are carried out after which conclusions are drawn using the deductive method of thought. The results showed that, the issuance of the Formulation of the Religious Chamber number 1 letter b point 2) Circular Letter Number 1 of 2022 which stipulates that in an effort to maintain a marriage and fulfill the principle of making divorce difficult, divorce cases on the grounds of continuous disputes and quarrels can be granted if it is proven that the husband / wife is in continuous dispute and quarrel, or has separated the place of residence for at least 6 (six) months does not just appear but goes through a long process. The Supreme Court through the formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 4 of 2014 also provides a number of indicators as a clue to the condition of a broken marriage. This is then refined in Supreme Court Circular Letter 3 of 2018 which provides instructions to judges to consider sufficiently and thoroughly in adjudicating divorce cases. The formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 1 of 2022 emphasizes the provisions of Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage which makes it easier for judges to explore the root causes of divorce filed by husband or wife to minimize the reasons for divorce of continuous disputes and quarrels.
Manfaat dan Mafsadat Teknologi Modern Persfektif Maslahah Zainuddin; Gassing, Qadir; Kurniati
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This article discusses the benefits and benefits of modern technology from a maslahah perspective which aims to provide an explanation regarding the benefits of modern technology on the development of Islamic law, and how it has a negative influence on the development of Islamic law. This article is a literature review sourced from several relevant references to the topic discussed. Data collection techniques come from researching relevant reference sources in the form of journals, articles, websites, books and other scientific works. Islam has full care and attention for its ummah so that it continues the process of exploring the potential of nature and the environment to become the center of a glorious civilization. In this context, there is no conflict between science and Islam, where both work in balance and harmony to create scientific treasure and human civilization that is better than before. Current technological advances cannot be separated from people's lives. We can now know various information that occurs in various parts of the world directly thanks to technological advances (globalization). Previously, we knew the saying "the world is not as wide as a moringa leaf", now that saying should be changed to today's world as wide as a moringa leaf, because the rapid access to information in various parts of the world makes this world seem narrower because we can see what is happening in America for example, even though we are in Indonesia.
Career Development Challenges In Strengthening The Performance Of The Polri Baintelkam Bagus Herwasto Nurwicaksono, Michael; Chryshnanda Dwilaksana; Payaman Jan Simajuntak
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This research aims to address the issue of retention among members of Baintelkam Polri by identifying the problems and factors hindering career development within the organization. Despite the implementation of career coaching, retention issues persist. The research seeks to formulate a more effective strategy for career development within the Indonesian National Police Security Agency. The theoretical frameworks utilized include career management theory, performance theory, career coaching concept, and strategy concept, as well as relevant police regulations. The research adopts a qualitative approach, employing field research. The results of this research show that there are a number of problems and challenges that must be faced in career development for the National Police Security Agency. The main challenge in the internal aspect is maintaining the security and confidentiality of intelligence information amidst dynamic changes in the global environment, with threats such as the latest technology, cyber threats, and high levels of stress due to sensitive tasks. The next challenge comes from external aspects originating from cooperation problems, including with other institutions, as well as technical and information security issues. Strategies in a better career development system to strengthen the performance of the National Police's Security and Intelligence Agency have so far been implemented through career planning, job rotation and the use of technology.
Upaya Tokoh Masyarakat Untuk Mencegah Perkawinan Anak Sebagai Bentuk Pendidikan Hukum Eka Septi, Lia; Vien Permata H, Rima; Rejekiningsih, Triana
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This research aims: To analyze the efforts of community leaders in preventing child marriage as a form of legal education in society. This research uses a form of qualitative research with a case study approach. Data sources were obtained from informants, places and events and documents. The main informants in this research are community figures, namely 1 religious leader and 1 marriage registrar. Supporting informants are children who carry out child marriages and parents of children who carry out child marriages. Data collection techniques include interviews with children who have child marriages, parents of children who have child marriages, community leaders (religious leaders and marriage registration officers), observations and documents. For data validity, source triangulation and technique triangulation were used. Meanwhile, the data analysis technique uses an interactive analysis model (Miles & Huberman 1984) which consists of data collection, data reduction, data presentation, and drawing conclusions. Based on the results of the research, it can be concluded that the efforts of community leaders to prevent child marriage as a form of legal education include religious leaders providing education regarding the science of marriage at majlis ta'lim events and at marriage ceremonies, Marriage Registrar Officers only provide outreach to the community who will be carrying out the marriage. namely just before the contract takes place.
Tinjauan Yuridis Kedudukan Amicus Curiae Terhadap Anak Pelaku Pelecehan Seksual Rusmini Gorda, AAA. Ngurah Tini; Yudas Swastika, I Gusti Bagus
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

Children as child offender who is not yet 18 years old has been suspected of commiting a criminal act. A criminal act sexual harassment is a crime that is often committed by minors in the form of ex pressions, actions until physical intercourse. So that in this case the concept of “amicus curiae” can help examine and clarify the case of a child perpetrator of sexual harassment in proving a crime. In this studyiaimsutoideterminelthe mechanismsof “amicus curiae” position towards children as perpetrators of sexual harassment and the research method used was normative research method or research using literature study by examing primaryllegalsmaterials, secondary legal materialsand tertiaryylegalsmaterials. So that thehresult ofithis study indicatesthataposition of “amicus curiae” in a criminal act as evidence can be in writing and not in writing. “Amicus Curiae” if it is linked to evidence of article 184 KUHAP ofrthe criminalkproceduremcode, “amicus curiae” can be classified in material evidencetof letter and intructions but not formally. And the concept of amicus curiae canihelp examine and clarify the juvenite criminal justice process as a perpetrator of sexual harassment who is studied from a philosophical, sociological, and juridical perspective by providing a basis for consideration to the judge related to a child perpetrators of sexual harassment and this case the judge can use the concept of a amicus curiae in deciding the sentence for a child perpetrators of sexual abuse by putting forward the best principles for Children without sacrifing children’s rights.
Penegakan Hukum Pidana Terhadap Penyelundupan Satwa yang Dilindungi Suja, I Wayan; Ayu Sadnyini, Ida
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

The government protects animals that need to be safeguarded. Which in this situation means that people are not permitted to perform acts that are contrary to the norms established by the government, in this case with regard to protected animals. Article 1 point 1 of Law No. 5 of 1990 concerning Conservation of Natural Resources states that animals that develop and dwell on land, in the air, or in water and have various natural characteristics are considered separate creatures, including those that are managed by people or that are found in the wild. The formulation in this study is as follows how is the legal regulation of animal smuggling and how are criminal sanctions against animal smuggling. The method used is a method of normative legal research. It is expected that the government and the people of Indonesia, in particular, to be willing to participate in protecting and eradicating people in terms of hunting protected wild animals, where it aims to keep rare animals around us sustainable
Implementasi Pasal 21 Ayat (2) Huruf A Undang-Undang Nomor 5 Tahun 1990 Tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya di Bali Suardana, I Nyoman Alit; Budiana, I Nyoman
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

The problem in this research is why the implementation of Article 21 paragraph (2) letter a of law number 5 of 1990 has not been optimally implemented regarding living natural resources and their ecosystems in Susut District, Bangli Regency. The purpose of this study was to obtain data and analyze the factors causing the non-optimal implementation of Article 21 paragraph (2) letter a of Law Number 5 of 1990 in the case of eagle rearing by residents in Susut District, Bangli Regency, to find out and analyze the efforts made by the government. in optimizing the implementation of these regulations. The method used is descriptive with the type of normative legal research that is descriptive analysis. The technique of collecting legal materials is by studying literature, rules and literature related to the title of the study, and using a descriptive argumentative approach. The analysis uses descriptive with the theory of legal effectiveness. The results of the study indicate that the implementation of Article 21 Paragraph (2) Letter a of Law Number 5 of 1990 has not been maximized. It was found that there are still residents who keep eagles, this is caused by several factors including weak law enforcement, limited personnel on duty in the field, lack of funds provided by the government, lack of legal awareness among the community. Meanwhile, efforts that have been made by the government include conducting education and training for personnel capacity, conducting socialization of laws, conducting monitoring and investigations, managing, utilizing and preserving conservation areas, collaborating with other institutions/agencies in conservation efforts of living natural resources and their ecosystems. Efforts will be made by the government is to form a non-governmental group.
Penerapan Konsep Desentralisasi pada Pelayanan Publik: Studi Kebijakan Pengelolaan Municipal Solid Waste di Jepang Vanya, Irwinda; Nursadi, Harsanto
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.v6i2.1563

Abstract

In theory, decentralization is believed to have a good impact on improving public services. Japan is one of the countries that has succeeded in providing public services through granting authority to local governments. This paper discusses the application of the concept of decentralization to public services, particularly municipal solid waste management policies in Japan. The research was conducted on the Japanese government's policy regarding municipal solid waste management. The research method used is normative juridical. The results of the study show that community involvement, dynamic partnerships and funding creativity are the keys to the successful application of the concept of decentralization in municipal solid waste management in Japan. This shows a shift in the meaning of decentralization and the use of New Public Service, New Public Management and New Public Governance perspectives in the application of the concept of decentralization in municipal solid waste management in Japan. The Japanese government defines decentralization as a multidimensional process. To benefit from decentralization, lawmakers need to formulate appropriate configurations and relationships between stakeholders.
Perlindungan Hukum Hak Pemegang Saham Pada Pebubaran Perusahaan di Karenakan Pailit Ayu Tri Isnawati, Fahira; Mahmudah, Siti
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.v6i2.1564

Abstract

The world economic developments this day have encouraged so many aspects for human life. Capital market as one of economic needed fulfill alternative have start to reach by all of society member. It is an important thing to the government as the highest market authority to give a legal certainty in order to protect its people. Investing in capital market with stock form is one of investment choice for most people which is give a financing solution for most of company in the country. Especially for a listed company in the capital market. But investing in the capital market with stock form not only give a profit opportunity but also have a risk such as bankruptcy. The purpose of this article is to seek and analyze the legal impact of the bankruptcy of listed company to the capital market investor, and legal protection for capital market investor due the bankruptcy of listed company reviewed by Indonesia bankruptcy. For further examine the problems in this,uses a juridical normatif and qualitative juridicial ,the result of this research show that: first, the impact of bankruptcy for investor is make the loss of capital gain opportunity which is caused by the stock lock up in the market by IDX and caused delisting for the stock of listed company. Second, the legal protection for investor due the bankruptcy of listed company is by the market trading system which is provided by the market disclosure principle and investor can reach the compensation by suing the company in the court.
Implementasi Hukum Tanah Wakaf dalam Konflik Pembangunan Masjid yang Berdekatan dengan Masjid Lainnya Perspektif Ibnu Taimiyyah (Studi Kasus di Desa Sei Lumut Kecamatan Panai Hilir Kabupaten Labuhanbatu) Rizki, Ahmad; Rahman Harahap, Abd
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This research is a type of qualitative research located in Sei Lumut Village, Labuhan Batu Regency, with the research objectives being: 1) to find out how the waqf law is implemented on the activation of the benefits of waqaf land built by a mosque in Sei Lumut village; 2) to find out what Ibn Taimiyah's perspective was regarding the conflict over waqf land negotiations for the mosque built in Sei Lumut village. The results of the research show that the act of transferring the benefits of waqf land carried out by the waqif's children to become a mosque building is completely inconsistent with the provisions of Law no. 41 of 2004 concerning waqf and has violated articles 22, 23, 40, and article 41 and therefore his actions can also be subject to sanctions as stated in article 67 of Law no. 41 of 2004 concerning waqf. Meanwhile, according to Ibn Taimiyah's perspective, mosques built on waqf land are classified as dhiraran mosques built for the detriment of many people. They are permitted to be demolished to not cause obstacles among the people.

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