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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 366 Documents
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Search results for , issue "Vol. 6 No. 3 (2024)" : 366 Documents clear
Tuntutan Pekerja Terhadap Hak Maternitas Bagi Tenaga Kerja Wanita Hamil yang Tidak di Penuhi Secara Keadilan Ditinjau Dari Perspektif Hukum Kesehatan dan Keselamatan Kerja (Studi Kasus PT. Alpen Food Industry Bekasi) Nopianti, Wike; Setiady, Tri; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1799

Abstract

Problems that arise due to the increasing number of female workers, ranging from issues of gender equality, health, legal protection and wages. The 2000 Indonesian Occupational Health and Safety (K3) training document explains that for certain chemicals, conditions in factories such as excessive heat. In this research, researchers focused on the problems that existed when the research was carried out, secondary data related to reviewing maternity rights for pregnant women workers in ensuring the safety and health of pregnant women and the fetuses they contain. Article 86 paragraph (1) of the Manpower Law emphasizes: every worker has the right to obtain protection for occupational safety and health (K3) where pregnant female workers can ask to do work that is not heavy and dangerous. PT. This AFI violates existing legislation where pregnant women workers are employed on night shifts in accordance with the Company's operations without paying attention to Occupational Health and Safety, but the author provides a strategy to increase the fulfillment of maternity rights for pregnant women workers at PT. AFI's first step involves understanding the company's understanding of the applicable legal framework, including Law Number 13 of 2003 concerning Employment, which regulates the protection of female workers, including maternity rights.
Perubahan Sosial dan Hukum Perbankan di Indonesia Novira, Elyana; Pratimaratri, Uning
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1802

Abstract

Change requires law if it is to be carried out in an orderly and orderly manner. Society's life goes through change and is a natural phenomenon in social phenomena. In the banking world, social change occurs in an evolutionary way. Change has occurred from the time after independence to the present. Various economic policies set by the government, such as economic policies in the 1980s, economic liberalization and economic crises in other countries also have an impact on the Indonesian banking world. Especially when the country is experiencing a monetary crisis, banking changes occur significantly, which are regulated in various laws and regulations. Economic globalization and information technology developments bring about social changes in society, including in the banking world, such as changes in society when making banking transactions.
Tinjauan Normatif Tentang Tanggung Jawab Direksi Terhadap Karyawan yang Melakukan Perbuatan Melawan Hukum Memberikan Diskon Secara Sepihak Ditinjau Dari Doktrin Piercing The Corporate Veil dan Dihubungkan dengan Undang-Undang Nomor 40 Tahun 2007 Tentang P Haetami, Vikri; Abas, Muhamad; Yuniar Rahmatiar; Lubis, Adyan
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1804

Abstract

In Law No. 40 of 2007 concerning limited liability companies, the responsibilities of a director are regulated, but the directors of PT. Antam acted in bad faith in holding its employees accountable for their actions. This research uses normative juridical qualitative research methods. Based on the findings of the discussed research, it can be inferred that the implementation of Article 97, paragraph 3 of Law No. 40 of 2007 regarding Limited Liability Companies, which holds every director fully liable for company losses if proven guilty or negligent in fulfilling their duties as outlined in paragraph 2, is yet to be fully enforced. The decision of the Panel of Judges in this case does not take into account the doctrine of Piercing the Corporate Veil for directors to be responsible for the actions of their employees. As a result, employees who are under the responsibility of the directors are jointly and severally responsible with the Company's directors. The judge's considerations at the cassation level court imposed punishment not only on the PT. Antam, but rather the employees of PT. Antam was also given sanctions jointly and severally with PT. According to the author's analysis, Antam is not in accordance with the Piercing The Corporate Veil doctrine, where responsibility should be delegated entirely to the company's directors. Basically, the Piercing the Corporate Veil doctrine is a doctrine that imposes full responsibility on the company or company directors for certain things.
Analisis Penerapan Hukum dalam Pembentukan Lembaga Kerjasama Bipartit: Tinjauan Terhadap Kekosongan Hukum Pra dan Pasca Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Edwardina Effendy, Edrick; Evan, Eugenius
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1805

Abstract

Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation has affected the formation of Bipartite Cooperation Institutions (LKS Bipartit) between workers/labor and employers/companies in Indonesia. The legal vacuum in the formation of government regulations mandated by Law Number 13 of 2003 concerning Manpower and its amendments, namely Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, has resulted in the determination of administrative sanctions that lack enforcement power and produce inconsistent regional policies. An analysis of Provincial Regulations in Central Java and Regional Regulations in Tangerang City shows differences in the regulation of administrative sanctions, reflecting legal uncertainty. In the framework of the formation of legislation, both regulations should have equal authority in stipulating administrative sanction provisions. The formation of Government Regulations as mandated by legislation is necessary to fill the legal vacuum and serve as a basis for regional governments to enact regional regulations expected to provide legal certainty and make Bipartite Cooperation Institutions a more effective forum in industrial relations in Indonesia
Aspek Hukum Perlindungan Konsumen Terhadap Air Mineral Merek Arsi di Sibolga Surbakti, Anton Diary Steward; Natasya, Natasya
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1808

Abstract

This research aims to determine the legal aspects of consumer protection for ARSI brand mineral water in Sibolga. The need for clean water is currently increasing while clean water sources are decreasing and for this reason there are AMDK (Bottled Drinking Water) companies that are suitable for consumption by the public. This AMDK company has consumer protection regulated in Law No. 8 of 1999 concerning Consumer Protetion. This research uses normative legal research methods with a statutory approach. The research results concluded that all AMDK companies including ARSI as business actors must fulfil the requirements of applicable laws and regulations as a form of consumer protection.
Hati-hati, Ini Konsekuensi Hukum Jika Tugas Akhir Dikerjakan Orang Lain Lubis, Muhammad Ridwan
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1809

Abstract

The phenomenon of thesis jockeying has become a subject of intense scrutiny due to the confluence of several complex factors: an educational culture that places a high premium on final results, the mental attitudes of students, and the absence of robust regulatory frameworks. In certain cities, the mushrooming of thesis writing services has posed a significant challenge to the very existence of universities. This practice has been denounced as immoral and a form of intellectual fraud. The objective of this research is twofold: to investigate the criminal law implications of final assignments in higher education and to evaluate the criminal law policies pertaining to thesis writing services in the context of future developments. This study employed a normative legal method for analysis, which entailed an in-depth review of relevant laws and regulations, as well as an examination of the underlying legal principles. The findings revealed two primary conclusions. First, while the criminal law aspect of final project writing services may be deemed unethical, they cannot be charged with fraud as defined in the Criminal Code of Ukraine. This is due to the fact that the elements of fraud, as defined under this legal framework, were not met. The principle of legality in criminal law, as articulated in Article 1 of the Criminal Code of Ukraine, requires that a person be punished only in the presence of a clear legal basis. While the act of providing final project writing services may be considered reprehensible, it does not constitute criminal conduct, and as a result, no criminal sanctions can be applied. Secondly, criminal law policy must aim to prevent crime. Criminal sanctions represent one of the instruments employed in this effort.
The Existence Of The Role Of Bhabinkantibmas In Implementing Restorative Justice To Improve Social Justice In The Serang City Community Zaenudin
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1810

Abstract

The Police through Article 2 of Law Number 2 of 2002 concerning the Police has the function of state government in maintaining public security and order, law enforcement, protection, protection, and service to the community. By the responsibility and function to carry out this task, the police place one police personnel in each village under the command of the Directorate of Community Development abbreviated as BINMAS, namely Bhabinkamtibas personnel. This study aims to discuss the role of Bhabinkamtibmas in Serang City in implementing restorative justice to improve social justice in the community in participating in security efforts. This research method uses descriptive literature studies, and the type of research used is qualitative juridical. In addition, using the type of normative legal research carried out based on legal principles, hierarchy and legal nature, the nature of analytical descriptive research. The results of this study regarding the existence of the role of Bhabinkamtibmas in implementing Restorative Justice to improve social justice in the people of Serang City include: 1) The role of Bhabinkamtibmas in implementing Restorative Justice has great potential in improving social justice in the Serang City community. This approach allows for more focused handling of cases on recovery, reconciliation, and problem-solving rather than harsh punishments; 2) Community awareness and active participation in Restorative Justice approaches are essential factors in achieving social justice. The community needs to understand the benefits and principles of Restorative Justice and support the efforts of (Bhabinkamtibmas; 3) The application of restorative justice requires a holistic approach in conflict management, case resolution, and crime prevention. Cooperation with social, educational, and health institutions can strengthen the effectiveness of this approach
Dampak Kekeliruan dalam Pemilihan Kode KBLI pada Akta Pendirian PT Bagi Notaris dan Pelaku Usaha Sarungu, Gabriella Tiku; Disriani Latifah Sorindah
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1812

Abstract

Business activities in various fields of business are now increasing from national to international scale, especially those related to the establishment of a legal entity, namely a Limited Liability Company (PT). These activities are inseparable from the need for the necessary authentic deeds. One of the authentic deeds that continues to be needed in the community is a deed of establishment of a legal entity in the form of a PT. In making the deed of establishment of PT, there are things that need to be considered, especially regarding the use of the Indonesian Standard Business Field Classification (KBLI) code which is single purpose. If there is an error in the use of the 2020 KBLI code, it will have an impact on the processing of licenses for business actors. Specifically, the purpose of this research is to find out and further understand the consequences of errors in the selection of the 2020 KBLI code on the deed of establishment of a PT. This research is conducted using the doctrinal research method, namely research based on applicable laws and regulations. This research produces two sides of the consequences, namely the consequences experienced by Notary and the consequences experienced by Business Actors. The consequences experienced by the Notary for errors in the application of the KBLI code are authentic deeds that can be degraded or reduced to underhand deeds and the Notary can be held civilly liable if proven guilty. Meanwhile, the consequences experienced by business actors are losses in terms of material and business activities that want to run are not running because they do not get permission from the relevant agencies for the use of several types of KBLI codes that are single purpose in one entity.
Ex Aequo Et Bono and the Quest for Arbiter Independence in Deciding a Case Herdi Hadylaya, Michael
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1814

Abstract

Arbitration is a dynamic practice that can be developed from many perspectives. One of the issues to consider is the implementation of ex aequo et bono by arbitrators, which many parties see as requiring prior approval from the parties so that arbitrators can make decisions based on ex aequo et bono. This study concludes that the arbitrator's authority to decide ex aequo et bono is not derived from the parties' agreement but rather from the arbitrator's inherent authority. First, because this principle is consistent with the spirit of arbitration, the Arbitrator has the authority to decide ex aequo et bono. Second, the Law on Judicial Power imposes an obligation to investigate, adhere to, and comprehend legal values and the sense of justice in society. Third, no provision in the Arbitration Law requires the parties to agree in advance on the grant of ex aequo et bono. As a result, the current arbitration practice does not violate the Arbitration Law as long as some parties request an ex aequo et bono award in their petitum.
Batasan Tanggung Jawab Notaris dalam Mengonstatir Dokumen Pelengkap Akta Berupa Surat Kuasa yang Ditandatangani Secara Elektronik (Studi Kasus Notaris X di Jakarta Selatan) Kirana, Bima Shazi Rajendra; Mohamad Fajri Mekka Putra
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1816

Abstract

In the practice of technology-based startup companies (start-ups), electronic signatures are often used, including in making power of attorney as a complementary document in making a deed, this does not rule out the possibility of human error in affixing an electronic signature, which can cause losses for the signatory. real hands. This research aims to determine the validity of the complementary document in the form of a power of attorney signed electronically by someone other than the account owner and the limits of the notary's responsibilities as a position that maintains the complementary document for the deed in the form of a power of attorney signed electronically. The doctrinal method with a case approach experienced by Notary X in South Jakarta was applied in this research. From the research results, it can be concluded that a power of attorney signed electronically by someone other than the electronic signature platform account holder is invalid, then the notary is only responsible for formal, not material, truth, so the notary is not responsible for the truth of an electronic signature made by Apart from the electronic signature platform account owner, there are tips from the resource person that can be put into practice in dealing with cases regarding electronic signatures.

Page 12 of 37 | Total Record : 366

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