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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 Medik Terhadap Adanya Dugaan Kelalaian Medik oleh Dokter Gigi dalam Perspektif Hukum Kesehatan Sari Mayang, Puti; Khairani, Khairani; Elvandari, Siska
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

Health services lead to health development which aims to achieve awareness, will, and the ability to live healthy for every resident in order to achieve optimal public health status as aspired to in Law Number 36 of 2009 concerning Health. In terms of optimal health services, it is certainly expected to create professional health workers in carrying out their profession, especially dentists. However, in carrying out medical practice, it is possible for a dentist to commit medical crimes that have an impact on the patient's health. Where medical negligence that results in disruption of patient health can result in disruption of medical health between doctors and patients. But not infrequently in terms of legal protection and in solving medical problems there are significant obstacles to solving legal problems. So to answer this problem, it is necessary to know the form of patient legal protection for the existence of medical justice by dentists and how to settle medical settlements between patients and their families and doctors based on the provisions in force in health law. The research method used is descriptive normative research. The results of the study revealed First, that legal protection for patients due to dentist negligence has been specifically accommodated in several laws related to health, but this legal protection has not run optimally because there are still massive obstacles originating from the legal substance of the legal structure and legal culture. who have not been able. Second, the causes for the medical settlement are qualified into three things, namely due to the absence of medical negligence, medical failure and medical malpractice, then in terms of the settlement of medical settlements it has not run optimally either through non-litigation or litigation, therefore the need for a Medical Dispute Settlement Court (PSSM) which specifically resolves cases related to health law in Indonesia.
Pengaruh Model Problem Based Learning dalam Meningkatkan Hasil Belajar Siswa SMP Negeri 33 Kota Makassar Kelas IX Said, Muh.; Arismunandar, Arismunandar; Miftah Fauzan, Muhammad; Eka Saputra, Imran
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This research aims to determine the effect of problem-based learning on improving learning outcomes. This research uses a quantitative approach with a quasi-experimental design to evaluate the impact of implementing a problem-based learning model on Social Sciences (IPS) learning outcomes at SMPN 33 class IX UPT SMP Negeri 33 Makassar City. The research sample consisted of two groups. The sample was determined using purposive sampling, 30 experimental and 30 control class samples. Data was collected using tests. The control group received conventional learning, while the experimental group received learning with a problem-based learning model. Data is collected through test results. The hypothesis test results show a significant difference in the ability of Social Sciences learning outcomes between the two research groups. Confirms that the application of the problem-based learning model has a positive effect in improving social studies learning outcomes at the junior high school level.
Kristalisasi Butir Pancasila sebagai Fondasi Hukum Budaya di Republik Indonesia Andrias, Maria Yeti; Zirhani Rumalean, Zonita
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This paper aims to deepen the understanding of the Pancasila concept as a legal source within the context of national culture in the framework of the unitary state of the Republic of Indonesia. The research employs a documentary literature review approach. The analysis results conclude that "Panca" signifies five, while "Sila" refers to principles or principles encompassing essential values such as belief in the Almighty, humanity, nationalism, democracy, and social justice. The article explores the manifestation of Pancasila values and concepts in culture by referring to three main concepts: cultural materials, where individuals are considered cultural realities; social interactions; and tangible creative products. The analysis, study, and description provided in this paper lay the foundation for practical recommendations, emphasizing the necessity of embodying Pancasila values and applying these concepts as a national legal foundation. Beyond mere text, the embodiment of Pancasila values must be an integral part of the daily actions of all citizens. This article advocates for the crucial implementation of concrete Pancasila values in societal life, forming a solid foundation for cultural law in Indonesia.
Menguak Peran dan Tantangan Advokat dalam Sistem Peradilan Pidana Indonesia: Suatu Kajian Praktis Rahaman Upara, Abdul; Mochammad Roem, Anwar
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This article delves deeply into the role played by lawyers in the context of the Indonesian criminal justice system. Through a practical study, this research analyzes the contributions of lawyers to the sustainability of the criminal justice system while highlighting the challenges they face in carrying out their duties. This research approach involves the examination of specific cases, interviews with lawyers, and a review of recent legislative changes. The analysis underscores how lawyers not only function as legal advocates for defendants but also have a significant impact on the integrity, transparency, and efficiency of the criminal justice system. The main challenges faced by lawyers, including resource limitations, time pressure, and various regulatory aspects, are detailed and explored. The findings of this study provide in-depth insights for legal practitioners, policymakers, and academics regarding the complex dynamics of lawyers in the context of Indonesian criminal justice. Practical implications and recommendations for system improvement are also discussed as positive contributions from this research.
Analisis Hukum Yayasan Pendidikan Tinggi Sebagai Wajib Pajak Penghasilan Zulkarnain, A.
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.v6i2.1570

Abstract

This research focuses on the Legal Analysis of Higher Education Foundations as Income Tax Subjects. The research method employed is normative juridical with a conceptual, theoretical, legislative, and case approach. The data used consists of secondary data in the form of primary and secondary legal materials. The research results indicate that Higher Education Foundations now have legal certainty as Taxable Entity subjects, with obligations to Withhold, Deposit, and Report (3M) Article 21 Income Tax under Law No. 36/2008 for activities falling under Article 21 Income Tax, Article 4 paragraph (1), such as salaries/wages of teachers, allowances, honorariums paid to employees or participants, and other parties. Income received or obtained from business activities, work, or services, deduction of registration fees for new students, student tuition fees, etc.; Article 4 paragraph (2) gains from the utilization of foundation assets, etc.; Article 23 Income Tax on architectural services for the construction of foundation education buildings. These amounts are then deposited at the post office or bank designated by the Minister of Finance. Furthermore, Taxpayers, Tax Withholders, and Tax Reporters, if found in violation of tax regulations, will face sanctions, including Administrative Sanctions under Article 7 Paragraph 1 of Law No. 6 of 1983 concerning General Provisions and Taxation Procedures (Tax Law) for failure to report Tax Returns, Article 9 Paragraph 1 and 2a Tax Law for late payment or deposit of taxes to the state treasury; Article 13 Paragraph 1 Tax Law for underpayment of taxes for 5 consecutive years. Criminal Sanctions will be applied according to Article 39 Paragraph (1) Tax Law for negligence of tax withholders in providing withholding or collection proof.
Pertanggungjawaban Pelaku Usaha Terhadap Pemenuhan Hak Konsumen Festival Musik yang Dibatalkan oleh Panitia Penyelenggara Parawasansa, Anisa Umi Sya’ ada; Edhi Mahanani, Anajeng Esri
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.v6i2.1571

Abstract

A music festival is a public music celebration that is held directly at a specified location and a large number of spectators or visitors are held in an arranged manner. In its implementation, there are still some non-fulfillment of consumer rights that are violated by business actors, causing losses to consumers who have purchased festival tickets. The implementation of music festivals does not always run smoothly and well so that there are often deficiencies that result in dissatisfaction or non-fulfillment of the rights of event visitors as consumers of music festival events. The purpose of this study is to find out about legal arrangements for fulfilling consumer rights in organizing music festivals. The type of research used is normative juridical research. Primary and secondary sources of data and legal materials were obtained from legislation related to legal issues, namely Law no. 8 of 1999 concerning Consumer Protection, publications with the theme of consumer protection, as well as journals that discuss consumer protection for non-fulfillment of rights by business actors.
Perlindungan Pasien Terhadap Praktek Pelayanan Kesehatan Akupunktur di Kabupaten Banyumas Putra Pratama, Muhammad Rendy
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.v6i2.1572

Abstract

Indonesian Health Services are not only medical health services but also traditional health services. There are various types of health services in Indonesia, one of which is traditional health services, an example of which is acupuncture. Acupuncture is an alternative medical service that is chosen by the public because it is cheaper, but many acupuncture clinics have practice permits even though this is mandated in statutory regulations. This study aims to analyze the legal protection of patients and the factors that influence the registration of acupuncture practice permits. The method used is empirical juridical using primary data and secondary data. As a result, patient protection has been accommodated in applicable regulations and law enforcement of acupuncture practice is influenced by legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors.
Kewenangan Dewan Perwakilan Rakyat dalam Penggantian Hakim Konstitusi yang Berasal Dari Usulannya dalam Masa Jabatan Alsyam, Alsyam
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.v6i2.1574

Abstract

The precedent of dismissal and replacement of Constitutional Court Judge Aswanto during his term of office by the proposing body (DPR) is the first time this has occurred in the history of filling the position of Constitutional Court Judge in Indonesia. Does the DPR unilaterally have the authority to dismiss or...recall against Constitutional Judges originating from their proposals during their term of office. The research results explain thatLThe proposing body can renominate or replace the constitutional judge from his proposal during his term of office if the constitutional judge from his proposal is dismissed during his term of office by the President first at the request of the Chairman of the Constitutional Court based on the reasons stated in the Law on the Constitutional Court. However, the proposing institutions (DPR, Supreme Court and President) cannot unilaterally withdraw or recall constitutional judges based on their proposals.
Pengaturan Pengupahan Tenaga Kerja UMKM Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Menurut Perspektif Hak Asasi Manusia Nazmi, Didi
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.v6i2.1576

Abstract

From issues of protection, wages, welfare, industrial relations disputes, labor development and inspection. The philosophy of the Labor Law in force in Indonesia is that national development is carried out in the context of the complete development of Indonesian people and the development of Indonesian society as a whole to create a prosperous, just, prosperous, equitable society, both materially and spiritually based on Pancasila and the Constitution of the Republic of Indonesia. Indonesia in 1945. Wage arrangements for MSME workers which are only determined based on an agreement will have the potential for irregularities in wages. Even with the arrangement of wage payments to see indications of economic conditions by the government, the wages of MSME workers should be determined like other workers. This research is a normative legal research (doctrinal research) with a Statutes Approach and a conceptual approach. The results of this study explain first, special arrangements for the Indonesian government's MSMEs wages aim to realize quality employment development. Determination of wages in the MSME sector is not only based on agreements and the average consumption of the community. Instead, employers are required to compile and implement a pay scale structure with due regard to financial capabilities and productivity. Second, the legal consequence of the existence of Perpu 2/2022 creates a decent wage for MSME workers. Fulfillment of wages for MSME workers provides legal certainty and is able to guarantee their survival based on the principle of balance.
Penyelesaian Pelanggaran Hak Asasi Manusia Yang Berat Masa Lalu Melalui Mekanisne Non-Yudisial (Studi Terhadap Keputusan Presiden Nomor 17 Tahun 2o22 Tentang Pembentukan Tim Penyelesaian Non Yudisial Pelanggaran Hak Asasi Manusia yang Berat Masa Lalu) Syofyan, Yunita; Nazmi , Didi
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.v6i2.1577

Abstract

Based on Law No.26 of 2000 TentaofHuman Rights Court, apart from going through court, past serious human rights violations can be resolved through non-judicial mechanisms. Formation of a non-judicial resolution team for past serious human rights violations based on Presidential Decree Number 17 of 2022 whose task is to carry out non-judicial tasks to reveal cases of serious human rights violations and recommend concrete and dignified remedies for victims of serious human rights violations. Then. The question is, does the Non-Judicial Resolution Team for Past Serious Human Rights Violations have non-judicial authority in disclosing cases of past gross human rights violations?

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