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Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
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editor.unesreview@gmail.com
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JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
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Kota padang,
Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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
Search results for , issue "Vol. 6 No. 2 (2023)" : 758 Documents clear
Perlindungan Petani Atas Pendistribusian Bibit Tanaman di Padang Lawas Utara Perspektif Maslahah Mursalah Sentosa Harahap, Dakkal; Efendi, Rahmad
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.v6i2.1601

Abstract

Forms of policy that can be provided to protect Farmers' interests include regulating imports of Agricultural Commodities in accordance with the harvest season and/or domestic consumption needs; providing agricultural production facilities that are timely, of the right quality and at affordable prices for farmers, as well as subsidies for production facilities. The aim of this research is to determine legal protection for farmers who receive distribution of rice seeds in the District. North Padang Lawas, obstacles and efforts. Data analysis in this research uses qualitative analysis with primary data sources obtained from the District Agriculture Service. North Padang Lawas and from the Farmers Group. Based on the research results, the legal concept of protection for farmers is the protection of farmers' rights. In terms of regulations, legal protection for farmers is regulated in Law Number 41 of 2009 concerning Protection of Food Agricultural Land which has been replaced by Law and Law Number 19 of 2013 concerning Protection and Empowerment of Farmers; Legal protection for farmers who receive rice seed distribution facilities in the District. Padang Lawas Utara by facilitating farmers to obtain distribution of rice seeds, such as providing information to farmers about the mechanism for obtaining plant seeds to be distributed. In implementing legal protection for farmers in Kab. In North Padang Lawas there are obstacles, namely regarding the distribution of plant seeds that do not comply with the provisions set by the government and the lack of communication interaction between the district Agriculture Service. North Padang Lawas with farmer groups. Efforts made are to systematically collect data on farmer groups and improve communication with farmer groups.
Dinamika Politik Pasca Amandemen UUD NRI 1945 : Evaluasi Pemakzulan Presiden berdasarkan Putusan Justisil dan Keputusan Politik Warsito; Budidarmo, Widodo
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.v6i2.1603

Abstract

The procedure for dismissing the President, which is often referred to as impeachment, is an action that is natural in the presidential system. The demand for the dismissal of the President and Vice President halfway because of government policies that were considered impartial to the people at that time became a controversial act. This is because, after the amendment of the Constitution of the Republic of Indonesia Year 1945 (UUD NRI 1945) regarding the impeachment procedure and mechanism is still quite complicated and does not have a comprehensive regulation regulating the impeachment mechanism of the President and or Vice President. Article 7B of the 1945 NRI Constitution only specifies in general terms the impeachment mechanism for the President. This difficult stage must be motivated because the President has violated the constitution. Therefore, in this study, the author will elaborate in more detail regarding the impeachment mechanism against the President Justisil Verdicts and Political Decisions.
Pandangan Hukum Islam Terhadap Mekanisme Pemanfaatan Tanah Wakaf Masjid Amal Muslimin (Studi Kasus di Kelurahan Medan Tenggara, Kecamatan Medan Denai, Kota Medan) Baihaqi, Raiehan; Syam, Syafruddin
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.v6i2.1604

Abstract

The presence of waqf land certainly provides many benefits for the community's survival. However, in practice, most waqf land is still used individually or privately by the community. One of them happens to the waqf land located at the Amal Muslimin Mosque in Southeast Medan Village, Medan Denai District, Medan City, where this land is eventually used by local residents for personal interests, they build houses for their residences, until now, which in its utilization, it violates the basic substance of the waqf practice in accordance with Islamic teachings. Land that is waqfed can only be utilized for collective welfare, not personal. So this research aims (1) to find out the law of utilizing waqf land belonging to the Muslim Amal Mosque according to the views of Islamic Law; and (2) The law of utilizing waqf property for individual private interests. To achieve the above objectives, this research uses a normative-empirical method, using references from various books, journals, legislation, observation and interview results, as well as other supporting literacy. The results of this study reveal that using the waqf land of the Amal Muslimin Mosque for personal gain by building houses for local residents to live in is prohibited in the positive law study law and prohibited in Islamic sharia.
Perlindungan Hukum Atas Kehilangan Saldo Pengguna E-Wallet Dana di Tinjau Dari Fatwa DSN MUI No.16/Dsn Mui/Ix/2017 Tentang Uang Elektronik Syariah (Studi Kasus Pengguna E-Wallet Dana di Kecamatan Medan Tembung, Kota Medan) Kamila, Zahra; Efendi, Rahmad
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.v6i2.1605

Abstract

This research discusses consumer protection against loss of balance for DANA E-Wallet users from the perspective of DSN MUI Fatwa No. 16/DSN-MUI/IX/2017 concerning Sharia Electronic Money. Considering the growth in e-wallet use in Indonesia, especially in Medan Tembung District, Medan City, losing customer balances requires strong protection. The DSN MUI fatwa on sharia electronic money provides guidance regarding the application of sharia principles in the use of electronic money and its implementation. This research uses empirical methodology and focuses on real cases in Medan Tembung District. The research results show that there are several weaknesses in the current legal protection of DANA E-wallet users, especially related to the claim and rescue settlement mechanism. It is hoped that the recommendations from this research can be a consideration for regulators and e-wallet service providers to increase consumer protection, in accordance with sharia principles and existing fatwas.
Kedudukan Hukum Surat Pencatatan Ciptaan Bagi Perlindungan Hak Cipta Karya Lukisan Dihadapkan Pada Prinsip Outomatically Protection Wahyuni, Ridha; Ramadhani, Dwi Aryanti; Tarina, Dwi Desi Yayi
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.v6i2.1606

Abstract

This researches aims to see the position of a creation registration letter of art painting as a form of legal protection for painting works in the face of the principle of automatic protection adhered to in Law no. 28 of 2014 concerning Copyright. The research method in this study is juridical-normative with an analytical descriptive approach. The results of the research show that a creation registration letter can be one of the perfect initial proofs if the painter as the creator will make efforts to protect the law against his work either through criminal law remedies and/or filing civil lawsuits. Therefore, the registration of creation through the registration of creation of a painting is important for every painter to obtain a creation registration letter from the state, this is an effort to protect their intellectual property rights.
Kepastian Hukum Surat Kuasa Mutlak dalam Hal Tanah sebagai Objek Hak Tanggungan Wiramansyah, Fahrel Faadhilah; Saputra, Alfian Anugrah; Maulana, Hasbi Ilman; Murtadha, Afif Nafis
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.v6i2.1608

Abstract

Absolute power in the case of land objects was initially prohibited in accordance with the provisions of the Minister of Home Affairs Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights and Government Regulation Number 24 of 1997 concerning Land Registration. The use of absolute power can then be permitted in accordance with the provisions of the Letter of the Director General of Agrarian Affairs on behalf of the Minister of Home Affairs of the Republic of Indonesia Number 594/493/AGR dated 31 March 1982 and the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 10 of 2014 concerning the Revocation of Legislation Regarding Land. The purpose of this research is to explore the limits of absolute power that can or cannot be used in the case of land as an object of mortgage rights as an embodiment of legal certainty by referring toestablished rightwhile exploring the legal consequences. The type of legal research used is normative. The approach used in this research is statutory, conceptual and case regulations. The results of the research found that the limits of absolute power that can be used are inseparable from the main agreement which includes that all rights attached to the parties have been fulfilled. The grant of power cannot then be substituted. The legal consequences are attached to the agreement, namely that it can be canceled or null and void by law. Legal certainty regarding the use of absolute power has not yet been realized, because there are no explicit statutory regulations that regulate absolute power.
Aspek Hukum Perlindungan Konsumen Produk Obat-Obatan Berdasarkan Bpom (Kasus Obat Sirop Tercemar Ed/Deg) Zein, Syafira
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.v6i2.1609

Abstract

The Indonesian government is implementing regulations to improve public health services, focusing on providing, promoting, and implementing practical health care that is easy for the public to access and maintain. The first goal is to ensure that the public is treated as a consumer with all rights to receive treatment. However, technological advancements and economic development have led to increased demand for health services, particularly in the food sector. In recent years, there have been numerous cases involving children in various health care facilities. The Indonesian Food and Drug Authority (BPOM) has been tasked with ensuring that the food and nutrition services provided to the public are effective and safe. BPOM plays a crucial role in regulating the food and nutrition sector, providing necessary information and services to the public. The study aims to examine the role of BPOM in the food and nutrition sector, focusing on the legal aspects of consumer protection. The research uses a standardized research method to examine the legal norms and standards of food and nutrition products, focusing on the legal aspects of consumer protection. The study also examines the role of the government in implementing the food and nutrition sector in Indonesia. The findings will be used in a descriptive analysis to evaluate the effectiveness of the government's efforts in implementing the food and nutrition sector.
Penerapan Hukum Tilang Elektronik Dikota Medan Perspektif Fiqh Siyasah Z, M Yakub; Firmansyah, Heri
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.v6i2.1610

Abstract

The use of Tilang Elektronik is expected to be effective in achieving the goal of prosecuting traffic violations, even though there is an obstacle, namely that people in Indonesia do not understand the technical aspects. Based on the problems discussed in this journal, the formulation of the problems that will be raised from this research include: 1.) How is the Law Implemented Regarding Electronic Ticketing in Medan City? 2.) How is Fiqh Siayasah's review of electronic e-tickets? Meanwhile the research method used is an empirical research method which is influenced by the doctrine of legal sociology (sociology of law) and sociological legal science (sociological jurisprudence). Empirical research is carried out on research on facts that occur in the field, therefore researchers carry out data collection techniques. In order for the implementation of the electronic ticketing law to work, it is necessary to regulate the law with regulations issued by authorized officials, so that these regulations have a legal dimension that guarantees certainty that the law functions as a regulation that must be obeyed. Based on the description above regarding Siyasah syar'iyah, Electronic Ticketing is included in one of the laws and regulations that can guide humanity to benefit. In this case, these regulations were created to regulate and manage human life in protecting the safety of motorbike users who are used for the benefit of people who use transportation.
Kebijakan Ham Berdasarkan Peraturan Perundang-Undangan dalam Pemberian Remisi dan Pembebasan Bersyarat Kepada Koruptor Siahaan, Jhansen; Rinwigati, Patricia
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.v6i2.1611

Abstract

In the current period, human rights are highly respected, as can be seen from the strategy of enforcing human rights itself by guaranteeing human rights for convicts of criminal acts of corruption who have been imprisoned for a long or short time, therefore they must also pay attention to their human rights such as welfare while serving. detention period. This scientific journal research method uses a normative research type. Based on the results of the research analysis, remission and conditional release are a form of protection from the state for the human rights of convicts of criminal acts of corruption, with restrictions by the state on their freedom, such as conditional release which can be granted after serving a minimum of 2/3 of the criminal term and has served well. both during the period of detention, with a minimum sentence of nine months. Where the granting of remissions and parole is still given. There are several other rights, firstly, prisoners have the right to worship in accordance with their religion, secondly, prisoners have the right to receive treatment, thirdly, to receive health services, fourthly, to receive education, fifthly, the right to express their complaints. Sixth, get reading material, seventh, get wages for the work you have done. Eighth, the right to receive family visits. And prisoners have the right to obtain other rights in accordance with applicable legal regulations.
Eksistensi Justice Collaborator dalam Tindak Pidana Pembunuhan Berencana Berdasarkan Hukum Pidana di Indonesia Pontoh, James V. L.; Momuat, Yulia Vera; Worang, Geraldy J. G.
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.v6i2.1612

Abstract

Justice collaborators are seen as having a strategic role in bringing to light criminal incidents, but in their development justice collaborators still bring controversy. Justice collaborators themselves can be understood as perpetrator witnesses who work together to reveal the true facts in certain criminal acts. The aim of this research was to analyze the existence of justice collaborators in the Indonesian judiciary and to determine the form of legal certainty for justice collaborators in the crime of malice aforethought. This research was conducted using the normative juridical methodology, where the author used sources in the form of the 1945 Constitution of the Republic of Indonesia, laws, scientific journals, books, the Big Indonesian Dictionary, and other research results. The results of the research showed that the existence of justice collaborators in Indonesia must be proven judicially, and it is necessary to realize that the role of justice collaborators in a particular criminal case is very strategic, so that legal certainty for justice collaborators must be guaranteed by the state, considering their strategic role. so that the safety of the justice collaborator after testifying in court becomes vulnerable to terror from parties who are not in line with their role. Suggestions for the development of justice collaborators in Indonesia are that a view should be developed that the role of justice collaborators is very strategic in uncovering a criminal case and the regulation of justice collaborators should be included in a law that specifically regulates justice collaborators.

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