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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
Efektivitas Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak Terhadap Anak Peserta Musabaqah Tilawatil Qur’an Ke-56 Tahun 2022 di Kabupaten Deli Serdang Riansyah Harahap, Rio Bayu; Akbar, Ali
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.v6i2.1613

Abstract

This article aims to find out whether Law No. 22 of 2002 is effective or not in protecting children whose parents force them to win MTQ activities. This research is empirical juridical research, using a legal sociology approach. Obtained using an interview data collection instrument with some of the parents of the 56th MTQ participants at the Deli Serdang Regency level in 2022, Caravan, Hamparan Perak District. The research results show that Law No. 23 of 2002 has not been effective in protecting children from being forced by their parents to win MTQ activities. There are still some parents of participants who require their children to win just for happiness and there are also parents who have other intentions, namely requiring their children to win to fulfill the needs of the prize. This is very contrary to the initial aim of holding MTQ and Law No. 23 of 2002 is not effective enough to address the problem of child protection for MTQ participants.
Akibat Hukum Terjadinya Subrogasi Objek Waris dalam Sengketa Waris Perdata Prayogo, Radius; 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.v6i2.1615

Abstract

Indonesian civil code generally regulates inheritance rights between blood relatives which in fact aanvullen recht (openness). Openness here means that they are not required to follow what has been regulated or in other words each and every heir is entitled to the inheritance as long as they are tolerant to the results of the distribution portion and they are contend with it. However, the problem arises when there is one or more heirs who start a dispute which ultimately resulted and processed in court. Even more so complicated when the inheritance object had previously been mortgaged to the Bank. The form of debt repayment that occurred on the collateral could significantly affect the inheritance, especially when subrogation happened. The legal consequences focus on whoever holds the subrogative rights and as such gets preferential rights in the distribution of the inheritance.
Revolusi Digital dalam Peradilan Agama: Membuka Jalan bagi Keadilan yang Lebih Inklusif di Indonesia Mahfuzh Faza, Amrar; Lubis, Mukhlis
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.v6i2.1616

Abstract

This research explores the transformation in Indonesia's religious courts triggered by the current development of digital technology. A particular focus is given to how digitization affects efficiency and access to justice, particularly in remote areas. Despite improvements in the application of technology, there remains a knowledge gap regarding the social impact and inclusiveness of digitization in religious justice practice. The methodology used was qualitative with an analytical descriptive approach focusing on the study of relevant literature to gain a comprehensive understanding. The results showed that digitization has improved the efficiency of the judicial process and facilitated effective and efficient access to legal information, however there are significant infrastructure and digital literacy challenges. The findings highlight that while digitization provides benefits in accelerating case handling, gaps in digital access and literacy are major barriers to its implementation. The implication is that there is a need for improved digital infrastructure and literacy, as well as training for stakeholders to effectively integrate digital technology in the religious justice system in Indonesia.
Pelembagaan Hukum Islam di Sumatera Timur: Tinjauan Historis Nasution, Jumanah; Fuad, Zainul
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.v6i2.1617

Abstract

The institutionalization of Islamic law has long roots in the life history and collective memory of the Indonesian Muslim community; Reflected in various proverbs such as "Adat is coded syarak, syarak is coded Kitabullah" in Minangkabau and "Hukom ngon adat lagee alat ngon sifeut" in Aceh. Throughout the sultanates in Arkhabil, including North Sumatra, this institution grew during the era of the Islamic sultanates. In that period, fiqh literature became a source of reference for developing law, and the jurists occupied a central position at court in society as the intellectual elite. Simultaneously with the entrenchment of the colonial grip, Islamic law and its judiciary experienced decline and stunting until in the end they only handled matters of marriage, divorce and reconciliation with quasi authority. The Muslim community's long efforts to revitalize the enforcement of Islamic law found its momentum again in the Proclamation and was outlined in the Jakarta charter. Even though it was later deleted, it was considered implicit in Pancasila and the 1945 Constitution, which was reaffirmed through the Presidential Decree of 5 July. implementation of Islamic law for Muslims in the Republic of Indonesia and every sound request in that direction is legal. With his long experience of protecting various sects, races, ethnicities and religions in a wide geography from Morocco to Merauke, for at least 13 periods, the discourse of fiqh in its broadest meaning is expected to be able to contribute to modern life in building peace in pluralism.
Mekanisme Hukum : Perdagangan Karbon Melalui Bursa Karbon di Indonesia Valiant, Valiant Alfarizy; Mariyatul Ulfa, Sayyidah; Liyadi, Syerra S.; Farahiya, Zhafira; Ludiasa, Rohmad
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.v6i2.1618

Abstract

Indonesia shows its commitment to the Paris Agreement held in 2016 on climate change. One of the implementations of this agreement, Indonesia has implemented carbon trading which carbon trading is one part of the mitigation to slow down climate change as well as realizing the target together with participating countries of 2 - 1.5 Celsius or with a percentage of 29% and 41% in 2030 and net zero emissions by 2060. Scientific research uses legal research methods, relying on the analysis of rules, norms, jurisprudence, and jurisprudential opinions. Moving on from the mandate of Law 14/2023 concerning the Development and Strengthening of the Financial Sector, OJK issued POJK Number 14 of 2023 concerning Carbon Trading through the Carbon Exchange. The POJK contains procedures for carbon trading through the carbon exchange, as well as regulation, licensing, supervision, and development of carbon trading through the carbon exchange.
Akad Nikah Daring (Studi Kasus Akad Nikah Shaffira Gayatri dan Max Walden) Karyono, Quoies Hassan
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.v6i2.1619

Abstract

This research aims to examine the phenomenon of online marriage contracts from two main perspectives: Islamic law and a phenomenological approach. Fundamental questions arise along with these developments. What is the practice of carrying out online marriages and what is the view of Islamic law regarding the validity of marriage contracts carried out online. This research will explore this problem by using a phenomenological approach to understand the social and normative impacts of online marriage contract practices. In addition, this research will also involve an analysis of Islamic legal views related to this practice, considering the importance of marriage in the teachings of the Islamic religion. The case study of Fira and Max Walden's marriage illustrates how technology has facilitated long-distance relationships and allowed couples to overcome geographic barriers. However, it is important to remember that the implementation of an online marriage contract must comply with the legal requirements stipulated in Islamic law, such as ittihād al-majelis, lafadz yang sharih, and ittisāl, as stipulated in the MUI fatwa. Thus, this practice can be recognized as valid in the view of Islamic law if it meets the stipulated conditions.
Analisis Ketidaksesuaian Batas Usia Dewasa dan Konflik Normatif Antara Hukum Pidana Materiil dan Hukum Perdata di Indonesia (Studi Putusan Kasasi Nomor 897 K/PID/2019) Manggin, Manggin; 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.v6i2.1620

Abstract

Determining the age limit for adulthood is a critical factor in determining the validity of legal actions, reflecting an individual's skills in carrying out legal actions. This article investigates legal proficiency regulations in Indonesia, highlighting the ambiguity in the assessment of adulthood that creates dilemmas, especially in Article 332 Paragraph (1) of the Criminal Code. As a case study, the analysis was carried out on the Rusly Yaprin Kalo case, which had an impact on the complexity of the concept of adulthood and differences in interpretation between criminal and civil law. This research applies a normative and qualitative juridical approach, exploring various regulations governing the age limit of adulthood in Indonesia and producing an in-depth understanding of potential conflicts between criminal and civil law. The results highlight discrepancies in adult age limits that may impact law enforcement and speak to the need for harmonization of relevant laws.
Kewarisan Anak Hasil Sewa Rahim di Indonesia Ditinjau dari Aspek Nasab Ulum, Mukhamad Bahrul
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.v6i2.1622

Abstract

The purpose of this research is to know the inheritance of children from uterine leasing in Indonesia from the perspective of nasab. The method used in this research is normative juridical method. The data used is secondary data in the form of law books, scientific journals, and laws and regulations related to the topic of discussion. This research is descriptive analytical. This research uses the Ta'lily approach. While the theory used is the theory of inheritance (nasab). The results of the study indicate that the civil relationship is owned by the child from the results of renting a uterus with a surrogate mother. So, those who can inherit each other are the child and the surrogate mother, if the surrogate mother is bound by a legal marriage, her husband also has a link to the inheritance of the child she gave birth to. If the husband and wife who gave the fetus want to inherit the child from uterine leasing, it is necessary to use inheritance or a will with testamentair.
Keabsahan Penguasaan Tanah Timbul Perspektif Hukum Pertanahan Indonesia Oktavia , Vanessia; Herning Sitabuana, Tundjung
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.v6i2.1623

Abstract

Land reclamation has become a significant issue in Agrarian Law, mainly due to its utilization by the local community, which constitutes an error and leads to the unclear ownership and control of reclaimed land. This is because reclaimed land is directly controlled by the state. The purpose of this research is to examine the Validity of Reclaimed Land Ownership from the Perspective of Indonesian Land Law. The research method employed is a juridical-normative approach with a descriptive research specification. The data types include secondary data, and the data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique utilized is literature review, and the data analysis technique is qualitative. Essentially, ownership and control rights over reclaimed land are rights held by the state. For individuals or communities seeking to control reclaimed land, obtaining prior permission from the government is required, typically by submitting a land rights application to the Land Office with jurisdiction over the location of the land in question.
Kepastian Hukum Terhadap Sertifikat Elektronik Hak Milik Atas Tanah Afif, Yuzi; Afif Mahfud, 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.v6i2.1624

Abstract

This study examines the juridical analysis of the legal force of property rights certificates based on the Minister of Agrarian Affairs/Head of BPN no. 1 of 2021. The research method used is normative juridical study, namely research studies based on legal sources such as laws and regulations, and expert opinion to research studies related to the title chosen by the researcher. The result of this research is that the transformation of technological advances has shifted the land registration system from paper-based to electronic. One of them is the issuance of electronic certificates contained in the ATR/Head of BPN Ministerial Regulation Number 1 of 2021. This electronic certificate refers to the legal source, namely the Electronic Information and Transaction Law and the Job Creation Law, which is not a problem because it only regulates electronic certificates.

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