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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
Penegakan Hukum Bagi Pelaku Tindak Pidana Incest Terhadap Anak di Bawah Umur dalam Perspektif Hukum Pidana Positif dan Hukum Pidana Islam Marluga Tambunan, Unjur; Mahfudz Harahap, Mar'ie
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.v6i2.1666

Abstract

This research discusses law enforcement for perpetrators of sexual relations between individuals who still have familial relationships based on consanguinity in the perspective of positive criminal law and Islamic criminal law. By using a comparative approach method, the researcher found differences between positive criminal law and Islamic criminal law in the process of consanguineous sexual relations, especially in the complaint process, and also in the withdrawal of reports. The researcher categorizes consanguineous sexual relations as adultery, which can be legally processed after a complaint from the victim based on Article 284 paragraph (2) of the Indonesian Criminal Code (KUHP), while in Islamic law, with just one of the three existing pieces of evidence, punishment can be imposed immediately without a complaint. Furthermore, in Article 284 paragraph (4) of the Indonesian Criminal Code (KUHP), it is also stated that the complainant is allowed to withdraw their report before a judge's decision. This is different from Islamic law, where once consensual sexual relations are known to have occurred, the punishment cannot be revoked. Since consensual sexual relations are categorized as adultery, punishment is already stipulated in Islamic law as the absolute right of Allah and has been determined in the Quran. Article 294 of the Indonesian Criminal Code should be amended promptly to prevent weakness and be more effective and precise in preventing and punishing perpetrators of consanguineous sexual relations. Furthermore, society should avoid this act, as it not only constitutes a major sin but also severely damages morals and mental well-being.
Hukum Penetapan Mahar Oleh Sultan Selangor di Tinjau dari Hukum Islam Hatim Bin Shaharuddin, Muhammad; Fatimah, Fatimah
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.v6i2.1667

Abstract

Islam has established lofty and noble goals for marriage. Islam also establishes dowry as an exclusive right for women. The dowry is a financial right that is obligatory by the prospective husband to the prospective wife. Although the dowry is an obligation of the prospective husband to the prospective wife, Islam never burdens the dowry beyond the ability of the prospective husband himself. However, what happened in Malaysia, especially in the State of Selangor, the Sultanate of Selangor issued a regulation regarding the minimum limitation of the amount of dowry in the state of Selangor, where Islam itself never gave a minimum or maximum limit to the amount of dowry. Because of this, this research aims to find out how Islamic law views the determination of the minimum amount of dowry set by the Sultanate of Selangor. With the formulation of the problem of how the implications of the Selangor Islamic Religious Office's decision on the minimum amount, how Islam views the determination of the minimum amount of dowry set by the Sultanate of Selangor. This research uses qualitative research with a juridical sociological empirical legal approach where the author focuses on research on the implementation or operation of a rule of Islamic law in society, whether it is related to the effectiveness of implementation, to the impact of its implementation on Islamic law in the structure of society. The results of the research show that the fuqaha agree that there is no maximum limit in the amount of dowry, but in the minimum limit the fuqaha differ in their opinion regarding this matter.
Titik Singgung Penggabungan Gugatan dengan Gugatan Kelompok Achmad Rizaldi, Fahim; Tobing, PL
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.v6i2.1668

Abstract

This research was conducted with the aim of finding out how to file a civil lawsuit, because the form and aspects of the lawsuit have the same characteristics. Aspects of the same form of lawsuit are cumulative lawsuits and group lawsuits. In this research method the author uses normative legal research, namely research carried out by analyzing applicable laws and regulations. Regarding the sources of legal materials used, they are divided into primary legal materials and secondary legal materials, where the primary legal materials are the main legal materials that are the basis for the study of this writing, namely statutory regulations. That there are differences in the forms of lawsuits even though they have some of the same characteristics, what makes them different is the accumulation of lawsuits / Combination of lawsuits regarding several legal issues that are both subjective and objective in nature, their use in civil courts which usually deal with issues of breach of contract, unlawful acts and divorce, etc. Meanwhile, group lawsuits are used for civil matters regarding consumer protection, the environment and forestry.
Pencatatan Pernikahan Beda Agama Perspektif Undang-Undang Nomor 23 Tahun 2006 (Study Putusan Nomor 12/Pdt.P/2022/PN.Ptk) Ali, Umar; 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.v6i2.1675

Abstract

Indonesia is a unitary country consisting of thousands of large and small islands, and consisting of various tribes, cultures and religions, and has the motto Bhinneka Tunggal Ika. Interaction between tribes, races and religions is the initial door for people to know each other so that from this interaction there is who progress to the stage of marriage, there are even those who get married even though they are hampered by differences in religion. It is feared that this will gradually cause problems, if we refer to existing religious norms regarding certain boundaries regarding marriage. This resulted in a decision by the Pontianak District Court Number 12/Pdt.P/2022/PN.Ptk. who granted the request to carry out the registration of interfaith marriages. This determination certainly attracts attention if you remember the rules contained in Law No. 1 of 1974 that a marriage is valid if it is carried out according to the laws of each religious belief. Even though registration has been regulated in Article 35 Letter (a) of Law Number 23 of 2006 in conjunction with Law Number 24 of 2013 concerning Population Administration, the regulations regarding interfaith marriages in the Marriage Law still experience a legal vacuum. It is hoped that this article can provide insight to the public regarding the problems of implementing interfaith marriages in Indonesia.
Renvoi Prosedur sebagai Upaya Hukum Terhadap Tagihan Kreditur yang Ditolak oleh Kurator dalam Perkara Kepailitan (Studi Putusan Renvoi Prosedur Nomor 28/Pdt.Sus Pkpu/2018/Pn.Niaga.Jkt.Pst ) Satriadi, Dharma; Rifai, Anis
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.v6i2.1682

Abstract

The Renvoi procedure is a legal mechanism that aims to protect the rights of creditors who face a refusal of payment by the receivership in the context of insolvency. This process provides a legal recourse for creditors who face rejection of bills by sending a letter of objection supporting the reasons for the rejection, complete with relevant evidence, to the Panel of Deciding Judges through the role of the Supervisory Judge. In this Renvoi Procedure case, PT JIEP as the Applicant and the Curator Team of PT Tobu Indonesia Steel as the Respondent made legal efforts because the Applicant submitted an objection to the bill to the Respondent. In this study, the author chose to apply a normative descriptive approach. The technique chosen involves a statute-based approach as well as a case-based approach to analyze and explore the issues discussed where this approach is used to examine cases that occur based on statutory provisions relating to all bankruptcy activities in PKPU. Based on the summary that has been submitted, the author develops a more in-depth research on Decision Number 28/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst.
Violations of the Use of Sarmat Missiles as a Chemical Weapon in Armed Conflicts in International Humanitarian Law Butar–Butar, Alan Mahendi; Nasir Sitompul, 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.v6i2.1684

Abstract

The purpose of this work is to find out what are the regulations for the use of Sarmat missiles according to international treaties (1), what are the violations of the use of Sarmat missiles according to the Chemical Weapons Convention of 1997 (2), what is the form of responsibility for the use of Sarmat missiles according to the Weapons Convention of 1997. (3) what is the form of responsibility for the use of Sarmat missiles according to the 1997 Weapons Convention using normative legal research methods. concluded.: the efforts of countries to achieve world peace and mutual security of each country through the regulation and prohibition of chemical weapons are consistently implemented by countries, namely by establishing protocols prohibiting the use of gases that cause asphyxiation, poisonous gases / other gases in war and warfare. This method of using bacteria became known as the Geneva Protocol of 1925, the Chemical Weapons Convention of 1992, the Additional Protocol of 1977, and the Hague Convention of 1907. The existence of martial law has become a legal norm that the international community must abide by in wars and armed conflicts arising from sovereignty issues. The regulation of war and armed conflict in each UN member state is now a measure of the extent to which compliance with international humanitarian law treaties can be fairly enforced through the International Criminal Court.
The Process of Applying for Protection of Victims' Rights through the Witness and Victim Protection Agency (LPSK) Aziz Hasibuan, Muhammad Anwar; Koto, Ismail
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.v6i2.1685

Abstract

The importance of legal protection for each community is one of the reasons for the issuance of Law Number 13/2006 on Witness and Victim Protection which was enacted on 11 August 2006. This research aims to find out, how the regulations related to victim protection in Indonesia. Then, how is the process of applying for protection of victims' rights through LPSK and finally, how is the influence of the protection provided by LPSK on victims for law enforcement. This research uses a normative method. The procedure for providing protection to witnesses and victims as regulated in Article 28 to Article 32 of Law Number 13 Year 2006 is a process that includes various procedures and requirements that must be fulfilled by witnesses and victims to be able to get protection from LPSK which is sometimes difficult for witnesses and victims. The influence of the Witness and Victim Protection Agency (LPSK) in protecting witnesses and victims has not been maximised, due to the lack of socialisation in the community, especially in the regions, about the existence of the Witness and Victim Protection Agency as an institution tasked with protecting witnesses and victims.
Hilangnya Hak Kepemilikan Atas Tanah yang Terlantar (Analisis Peraturan Pemerintah Nomor 20 Tahun 2021) Sa’adah, Fatkhiyatus; Adjie, Habib; Saleh, Moh.
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.v6i2.1686

Abstract

Legal disputes over land rights have become a fundamental and complex problem in the history of the development of agrarian law in force in Indonesia. The inequality that occurs in the pattern of distribution of control, ownership, use and utilization of land, which is also exacerbated by the condition of many land being abandoned by land rights holders, either due to intentional or unintentional factors, has triggered widespread cases of land disputes that have occurred until At the moment. The government itself has attempted to create policies and related regulations, in order to find solutions in resolving cases of ownership disputes over abandoned land. This includes Government Regulation Number 20 of 2021, concerning controlling abandoned areas and land. In this research the author raises two issues, namely, what is the urgency of eliminating ownership rights to abandoned land based on Government Regulation Number 20 of 2021, and what legal remedies can be taken by land rights owners and/third parties who suffer losses due to their abolition rights to abandoned land based on Government Regulation Number 20 of 2021. This research is a form of normative legal analysis (normative legal research), using a statutory approach and a conceptual approach. This research also has important implications in the context of land law, especially in terms of protecting the rights of land owners and encouraging the use of productive land uses. It is hoped that the results will serve as a guide for land ownership rights holders, the government and legal practitioners to better understand the relevant regulations and the impact of loss of ownership rights to land due to abandonment in accordance with the provisions contained in Government Regulation Number 20 of 2021.

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