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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
Analisis Yuridis Kepemilikan Hak Atas Tanah Melalui Perjanjian Nominee Oleh Warga Negara Asing di Indonesia (Studi Putusan Perkara Nomor: 2959 K/Pdt/2022) Ada, Rosyani; Safik, Akhmad
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.v6i2.1642

Abstract

The focus of this research is Decision No. 2959 K/Pdt/2022 relating to the practice of legal smuggling through the use of a nominee agreement between a foreigner (Louise Marie France) and an Indonesian citizen (Desak Nyoman Kartini) in the acquisition of a plot of land as stated in Certificate of Title No. 5030 located in the Jimbaran area, Bali. Afterwards, Desak Nyoman Kartini transferred the land to a third party through a sale and purchase transaction without the knowledge of the foreign party (Louise Marie France). The main purpose of writing this article is to examine the regulations regarding the ownership of land rights and nominee agreements in the ownership of land rights by foreigners in Indonesia. In addition, this research aims to assess the suitability of Supreme Court Decision No.2959 K/Pdt/2022 with Law No.5/1960 and its implementing regulations in Indonesia. This research uses the normative legal method (yuridis normatif), which examines and analyzes norms in the form of laws and court decisions. The research findings show that Decision Number 2959 K/Pdt/2022 has not fully complied with the provisions stipulated in Law No.5/1960 and its implementing regulations, thus not providing legal certainty for justice seekers.
Komparasi Hukum Pernikahan Anak Perempuan Yatim di Bawah Umur Oleh Selain Wali Mujbir Menurut pandangan Imam Abu Hanifah dan Pandangan Imam Malik Putri Syam , Aisyah; Adly, M.Amar
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.v6i2.1643

Abstract

Guardians are one of the most important components in marriage. The presence of a guardian is a determining factor in the legitimacy of the marriage. In the view of some people, perhaps someone's trust is considered too great, given the right of a guardian who can force his child to marry without having to ask for the child's consent. Under the pretext of freedom to choose their own partners, so many people think that the rights of guardians in modern times need to be reviewed and some even think it is not worth implementing. This short article tries to disentangle views by exposing the opinions of scientists regarding the rights and position of guardians in marriage. This research method uses a normative juridical method, namely an approach that looks at a law or a set of regulations that are normative in nature (law in book). the scholars. The method used in this research is the analytical method. This type of research is library research, where the sources are obtained by searching scientific journal articles and books related to the topic of discussion.
Pelanggaran Hukum Terhadap Pemasangan Alat Peraga Kampanye Sembarangan dalam Pemilihan Umum Legislatif di Kota Medan Chansa Damanik, Syabrina Yolanda; Khalid, Khalid
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.v6i2.1644

Abstract

The decision of unused pioneers each season is an imperative movement organized by the state. Ideally, unused pioneers will develop after the parliamentary races and they will need to keep their guarantees and progress the welfare of the individuals they chosen. Races are an expression of the people's sway, which is critical to individuals, life as well as the nation and majority rule government. His infringement of the GER amid the administrative decisions ought to have been dealt with in an unexpected way. In expansion to regulatory violations, violations related to infringement of criminal law are also classified as misdemeanors. Bawaslu attempted to dodge this to play down APK establishment infringement. In truth, APK establishment infringement are still common. Since this occurrence rehashes each race, the culprits need to examine other infringement and punishments for infringement. Subsequently, the reason of this study is to analyze, illustrate and explore inconsistencies in campaign materials opposite to directions within the 2024 Medan neighborhood government race. In this ponder, a standardizing observational legitimate investigate strategy is utilized, which incorporates different books, diaries, laws, comes about of field perceptions, archives, interviews, etc. depending on the objective to be accomplished. The examination found that decision hardware was not introduced legitimately, as prove by the huge number of lost campaign hardware that defaced the city, caused hurt to others and clouded the city. conceal individual property. In any case, a few infringement were recorded. This can be since we don't have earlier authorization. Set campaign properties.
Tanggung Jawab Notaris dalam Pengamanan Data Pribadi dalam Perjanjian Notariil Pada Era Digital Mislaini, Mislaini; Adjie, Habib
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.v6i2.1645

Abstract

The development of the current digital era has brought many changes, not only in the world of education and government, but in the role of Notaries as well. As a result of this change, notaries have new responsibilities in safeguarding the personal data of parties to notarial agreements. The research method used is normative research, where the author conducted a review of positive law in Indonesia, especially the regulations of Law Number 27 of 2022 concerning Personal Data Protection. Research findings indicate that Notaries act as guarantors of clients' trust and confidentiality with respect to personal information and bear responsibility for the safe and lawful handling of such information. Notaries are generally known as data controllers who have the obligation to maintain the confidentiality of personal information under their supervision. Notaries are obliged to provide warnings to the public and related agencies if there is a violation of the protection of personal identity information (PII) in their jurisdiction.
Pemberhentian Ketua Dewan Perwakilan Rakyat Daerah Kabupaten/Kota dalam Masa Jabatannya Fauzatil Azmi, Bona; Khairani, Khairani; Setiawan, Dian Bakti
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.v6i2.1646

Abstract

The leadership of the Regional People's Representative Council (DPRD) can be dismissed at any time before their term of office ends, as happened in Solok Regency, Bukittinggi City and West Pasaman Regency. The three DPRD Chairmen were dismissed from their positions before the end of their terms of office. The problem in this research is what are the arrangements and procedures for dismissing the chairman of the district/city Regional People's Representative Council according to the relevant laws and regulations and whether the dismissal of the Chairman of the Regional People's Representative Council is in accordance with the governing regulations. This research aims to determine the arrangements for dismissing the chairman of the district/city DPRD according to relevant laws and regulations during his term of office according to regional government regulations, the mechanism for dismissing the Chair of the DPRD and the legal consequences of dismissing the Chair of the DPRD during his term of office on the implementation of the functions and duties of the DPRD in accordance with the problem formulation and the planned research objectives, the method used in this research is empirical juridical. The research results show that: there are two types of procedures for dismissing the chairman of the district/city Regional People's Representative Council, namely, through a proposal from a political party or through a complaint to the Honorary Board of the district/city Regional People's Representative Council. Research carried out in three regions, can be concluded that first the dismissal of the chairman of the district DPRD. Solok could not be carried out because there was not enough evidence of violating the code of ethics, while the dismissal of the Chairman of the Bukittinggi City DPRD could not be carried out after the Padang PTUN decision which stated that Parizal Hafni as Chairman of the Bukittinggi City DPRD won his lawsuit against DPP Gerindra and finally the dismissal of the Chairman of the District DPRD. West Pasaman can be implemented because it is in accordance with existing procedures/mechanisms.
Perlindungan Hukum Terhadap Konsumen Pemenang Lelang di Lembaga Perbankan Kota Padang Elfiawinda, Elfiawinda; Yaswirman, Yaswirman; Nurdin, Zefrizal
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.v6i2.1647

Abstract

Society and banks are two components that need each other. Banks run businesses to make a profit. Like conventional banks which earn profits through interest on loans from debtors. Banks provide loans, but must also guarantee the repayment of the capital lent to debtors by binding the loan with mortgage rights. When the debtor is unable to pay the debt and is declared in default, the bank as the winner of the mortgage right has the right to sell the collateral with the mortgage right, submitting an auction request to the KPKNL. The auction winner is the bidder with the highest price. Auction winners often have difficulty controlling the auction object, because the debtor does not accept the auction results and makes various efforts to maintain the collateral, one of which is by filing an unlawful act lawsuit with the district court. The problem in this thesis is: What is the legal certainty of the transfer of ownership of mortgage objects through auction? What is the legal protection for the winner of the auction for the execution of mortgage rights filed as a party in a lawsuit against the law in terms of the Consumer Protection Law? What are the efforts of the auction winner in dealing with the plaintiff as debtor? The method used in this research is Sociological Juridical, the type of data collected is secondary and primary data, the data collection method is interviews and the nature of the research is descriptive. The research results obtained. 1) The transfer of rights through an auction occurs when the auction minutes are published which function as the basis for rights, but the transfer of rights only occurs on paper, because the auction winner cannot control the object. 2) The Consumer Protection Law guarantees that consumers get their rights, but what happens is that business actors often transfer or even eliminate responsibilities by having standard agreements which are actually prohibited by law. 3) The winner of the auction as a consumer, in facing the debtor's demands, tries to defend his rights, the losses arising from the demands from the debtor are the burden of the consumer himself, the business actor, in this case the bank, is not responsible for the losses suffered by the consumer, under the pretext of the object of the auction what has been purchased by the consumer, namely the auction winner, is at a low price, so that the loss becomes the burden of the auction winner.
Perjanjian Kerja Sama Sumber Daya Minyak Bumi Dan Gas Bumi Di Perbatasan Maritim Dua Negara Berbeda Ditinjau Dari Hukum Laut Internasional Putrawan, Fernando Indana; Kurnia, Ida
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.v6i2.1648

Abstract

Cooperation agreement plays a pivotal role in optimizing the cooperation of natural resources and promoting international collaboration in the context of petroleum and natural gas resources. Such agreements are also instrumental in maintaining positive relations among nations that share maritime boundaries. This paper delves into the position of cooperation agreements regarding petroleum and natural gas resources within the maritime territories of two different countries under international maritime law, and its impact on existing maritime boundary agreements. The research methodology employed here is normative legal research utilizing secondary and tertiary legal materials, including international regulations and scholarly literature. This study reveals that cooperation agreements are a form of bilateral agreement aimed at regulating collaboration in the exploitation of petroleum and natural gas resources. Within this framework, the involved nations have the authority to establish exploitation terms, as well as the allocation of rights and responsibilities. Various models of cooperation agreements are identified, such as the single-state model, two-state model, common entity model, and the trustee development model. The significance of cooperation agreements lies in strengthening inter-country collaboration for the exploitation of petroleum and natural gas resources within shared maritime regions.
Implikasi Yuridis Dianutnya Causal Stelsel Terhadap Kekuatan Mengikat Sertifikat Tanah Objek Hak Tanggungan Tunggu, Rafael
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.v6i2.1650

Abstract

This research was conducted to determine and analyze the juridical implications of adopting causal stelsel on the binding strength of land certificates obtained from the auction results for the execution of mortgage rights. The legal problem is how the juridical implications of adopting causal stelsel have on the binding force of land certificates obtained from auction results for the execution of mortgage rights. To achieve the research objectives, a document study of the Makassar District Court Decision Number: 278/Pdt.G/2018/PN-Mks has been carried out using three approaches, namely the conceptual approach, legislation and legal objectives. The results of the research show that in his legal considerations the judge stated that the land certificate obtained from the auction for the execution of mortgage rights does not have binding force if it can be proven that from a historical perspective the certificate was issued for the first time on the basis of an unlawful act, namely the party who sold the land for the first time had no right. act freely on the object of buying and selling. As a result, auction buyers who are not aware of hidden defects in the auction object do not receive legal protection.
Analisis Pembebanan Uang Pengganti Dalam Tindak Pidana Korupsi Aisyah, Siti; Atikah Rahmi
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.v6i2.1651

Abstract

The criminal acts of corruption that have occurred so far have not only been detrimental to state finances, but also constitute a violation of the social and economic rights of society at large. Criminal acts of corruption which have occurred widely, have not only harmed state finances, but have also constituted violations of the social and economic rights of society at large, so that criminal acts of corruption need to be classified as crimes whose eradication must be carried out in an extraordinary manner. The research objective used in writing this journal is normative juridical research or commonly called normative legal research. Normative juridical research is a research method used to determine the legal norms contained in statutory regulations. In Indonesia, corruption is a collaboration between actors in the public sector and the private sector. This situation becomes even more difficult and almost becomes a decision when we see that law enforcement officials from upstream to downstream are involved in a network of corruption that should be made enemies of law enforcement or targets of law enforcement itself.
Persepsi Mahasiswa Terhadap Pengunduhan Film Secara Ilegal (Studi Pada Mahasiswa Fakultas Hukum Universitas X) Julia Putri Hasibuan, Anggi
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.v6i2.1652

Abstract

Copyright infringement is often a problem that is difficult to handle properly. One example of copyright problems that are often encountered and difficult to solve is the illegal downloading of films on the internet which proves the rapid development of technology. The more sites that provide this film in circulation, the more films or works are downloaded for free, which is detrimental to the publisher of the work. The illegal accusation in Indonesia has increased along with the times, 63% of internet users in Indonesia who access illegal film sites and in the Hootsuite data, the most internet users are students. As a result of the rampant downloads on this illegal site, it has led to students' perceptions of downloading movies illegally on the internet. This study aims to determine the perceptions of criminal law students towards illegal downloading. This study used a quantitative descriptive approach with a sample size of 50 criminal law students. This study aims to show that students of criminal law know that copyright law and illegal downloading is a violation of copyright tend to agree, but students do not show good action to prevent illegal downloading. Motivation in committing copyright infringement is on his own will and economic factors. As for the perception of the role of the government, students think the government is not good at completing illegal downloads, but students agree that the government helps build a culture and understanding of the community to respect the work of others.

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