Unes Law Review
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
Articles
366 Documents
Search results for
, issue
"Vol. 6 No. 3 (2024)"
:
366 Documents
clear
<![CDATA[Perlindungan Hukum Hak Kekayaan Intelektual Bagi Produk Kreatif UMKM di Jawa Timur ]]>
<![CDATA[Bayani, Kania Nurul]]>;
<![CDATA[Santoso, Budi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1818
<![CDATA[This research aims to analyze the legal protection provided to creative products of Micro, Small, and Medium Enterprises (MSMEs) in East Java in the context of intellectual property rights (IPR). With rapid economic growth, MSMEs have become one of the main pillars driving regional economic growth. However, the challenges faced by MSMEs lie in protecting their creative products from piracy and violations of intellectual property rights. Through a qualitative approach, this study will analyze the legal framework governing IPR for MSMEs in East Java, including relevant laws, regulations, and government policies. The research will also identify the challenges and obstacles faced by MSMEs in obtaining IPR protection, as well as efforts made by the government and related institutions to increase awareness of the importance of IPR protection for MSMEs. The findings of this research are expected to provide a better understanding of IPR protection for MSMEs in East Java and offer policy recommendations to enhance the effectiveness of IPR protection and support the growth and development of MSMEs in the region.]]>
<![CDATA[Implementasi Pemberian Royalti bagi Pemegang Hak Cipta Terkait Pendistribusian Musik Melalui Platform SoundOn pada Aplikasi TikTok ]]>
<![CDATA[Salsabila, Nisrina Zulfa]]>;
<![CDATA[Roisah, Kholis]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1819
<![CDATA[Distribution of music through digital platforms, such as SoundOn on TikTok, has become a dominant phenomenon in the modern music industry. However, the implementation of royalty distribution to copyright holders has become a significant concern in this context. This research employs a normative research approach to analyze the legal foundations, policies, and practices related to royalty distribution to copyright holders in the distribution of music through the SoundOn platform on TikTok. Evaluation of royalty implementation is conducted by considering transparency, oversight, reporting, and fairness in royalty distribution. Recommendations are provided for improvements, including enhancing transparency, developing algorithms, and consulting with copyright holders. Thus, this study offers valuable insights to improve the practices of fair and sustainable royalty distribution in the digital music industry.]]>
<![CDATA[Pengelolaan Royalti Hak Cipta Lagu dan Musik : Studi Kasus Pada Bisnis Karaoke ]]>
<![CDATA[Handoko, Windy Fariskya]]>;
<![CDATA[Roisah, Kholis]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1820
<![CDATA[Managing song and music copyright royalties is a crucial aspect in the entertainment industry, especially in the context of the increasingly growing karaoke business. This study aims to investigate song and music copyright royalty management practices in the karaoke business, with a focus on implementation and compliance with applicable copyright regulations. Through a case study approach, we analyze the strategies, policies and procedures implemented by karaoke businesses in managing royalties, as well as their impact on relations with copyright holders and the sustainability of the industry. Data was collected through in-depth interviews with karaoke business owners, copyright holders and other related parties. Our findings illustrate the challenges and opportunities faced by karaoke businesses in complying with copyright regulations, while also identifying best practices in royalty management that can improve the balance between the interests of businesses and copyright holders. The practical and theoretical implications of these findings are discussed, along with recommendations for further improvement and development in the management of song and music copyright royalties in the context of the karaoke business. It is hoped that this research will provide valuable insights for stakeholders in the entertainment industry and contribute to the literature on copyright management and business sustainability.]]>
<![CDATA[Perbandingan Sistem Hukum Indonesia dan Australia Tentang Pengaturan Pertimbangan Bisnis (Business Judgement) ]]>
<![CDATA[Muninggar, Roro Ajeng]]>;
<![CDATA[Saleh, Rosdiana]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1821
<![CDATA[The legal systems adopted by Indonesia and Australia have differences, Indonesia adheres to civil law while Australia adheres to common law. The author in this study intends to conduct a comparative study of the legal system between Indonesia and Australia regarding business judgment arrangements. The issues studied are about the similarities and differences between business judgment arrangements in Indonesia and Australia, as well as the factors that cause these similarities and differences. The author uses normative methods by using a legal approach in the preparation of this study. The results of the comparison of legal systems between Indonesia and Australia have similarities, namely in terms of legal rules where both already have written legal rules, and the second in terms of regulating business judgment for the Board of Directors, while the differences that are seen are different legal systems, implementation of written rules, origin of rules, substance of rules, and position of jurisprudence. The factors that cause these similarities and differences include historical factors of the country, thinking characteristics, and economics.]]>
<![CDATA[Perlindungan Hukum Terhadap Pegawai Notaris Sebagai Saksi Instrumenter Dalam Akta Notaris ]]>
<![CDATA[Rahmadany, Deya Nathasya]]>;
<![CDATA[Subekti, Sri]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1822
<![CDATA[Notary employees have quite a big role and position in assisting the performance of notaries in deed making services. In addition to assisting the Notary's performance in carrying out his or her position optimally, a Notary employee must also be able to act as an instrumental witness in the preparation and inauguration of a Notary's deed as long as it meets the requirements as stated in Article 40 paragraph (2) of the Notary's Position Law, namely that the witness must be at least 18 years old. years old or married, competent in legal actions, understands the language used in the deed, can sign and initial, and does not have a marital relationship with the Notary or the parties. As a Notary employee who acts as an instrumental witness in the inauguration of a deed which of course has entered into legal traffic and gives rise to legal consequences, so that if a Notarial deed later arises in a problem or case then the Notary employee will be involved in the problem or case. Like witnesses in other cases, Notary employees as witnesses in Notarial deeds should also receive legal protection and their safety must be guaranteed in the event of a case or lawsuit in court regarding a deed in which the Notarial employee is a witness. Although the actions of Notary employees as instrumental witnesses in the officiating of notarial deeds are included in the field of notarial matters, the Law on the Position of Notaries does not provide legal protection for witnesses in the officiating of deeds, especially for Notary employees. This is because in the UUJN only Notaries receive legal protection, so legal protection for Notary employees as instrumental witnesses in the inauguration of Notarial deeds is not found in the Law. In the absence of regulations in the Notary Position Law regarding protection for Notary employees who are instrumental witnesses in the inauguration of deeds, legal protection for Notary employees who are witnesses can only be found in provisions outside the Notary position regulations, namely Law Number 13 of the Year 2006 concerning Witness and Victim Protection. Even though the Law does not specifically regulate witnesses in the formalization of Notarial deeds, the provisions in the Law can be applied to the position of Notary employees as instrumental witnesses in the formalization of deeds, namely in the event that the witness is summoned in a case process.]]>
<![CDATA[Analisis Pelaksanaan Peran Dewan Keamanan PBB Dalam Mengawasi Penggunaan Senjata Nuklir ]]>
<![CDATA[Setiawan, Irman]]>;
<![CDATA[Harisman, Harisman]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1826
<![CDATA[One of the primary focuses of International Law and its member countries is the resolution of disputes caused by armed conflicts. Armed conflicts, which have existed since ancient times, are generally triggered by various factors, but often, conflicts between countries arise due to the desire to control territories within a country. This study focuses on the normative legal research method, also known as the positive law research method, doctrinal law research method, and pure law research method. This method examines documented laws or customary social practices. In normative research, most of the data is obtained from secondary data sources, including primary, secondary, and tertiary legal materials. Additionally, the United Nations Security Council has the authority to order the International Atomic Energy Agency to inspect and verify a country's nuclear activities and facilities to ensure compliance with the NPT and IAEA protection agreements. If countries do not comply with or withdraw from the NPT, the Security Council can take action under Chapter VII of the UN Charter, including imposing sanctions or other enforcement actions, if deemed necessary. The UN Security Council is responsible for establishing a global arms regulation system. The system aims to reduce military power in various countries and enhance global peace and security. The Security Council must design a plan that will then be communicated to United Nations (UN) members regarding arms control regulations. Moreover, it is an important duty of the United Nations Security Council to ensure that all member countries comply with international treaties on Nuclear Weapons]]>
<![CDATA[Perbuatan Melawan Hukum oleh Pemerintah dalam Kegiatan Pengadaan Tanah Pembangunan Jalan Tol Medan-Binjai (Studi Putusan Pengadilan Negeri Medan Nomor 86/Pdt.G/2019/Pn.Mdn) ]]>
<![CDATA[Ayu Ramadhani, Binanda]]>;
<![CDATA[Widya Kartika, Adhitya]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1830
<![CDATA[as regulated in Article 61 of the Presidential Regulation of the Republic of Indonesia Number 71 of 2012 concerning the Implementation of Land Acquisition for Development in the Public Interest. However, in this case, the Plaintiff as the party who has the right does not use legal remedies in the provisions mentioned above, so the Plaintiff is deemed to have accepted the decision of the land procurement committee by law. So this matter cannot be said to be an unlawful act, because there has been no rejection of the Plaintiff's objection to the results of the Inventory and Identification of Land Acquisition for the Medan - Binjai Toll Road Section I Clearance Project. As explained in the explanation above, the unlawful act committed by Defendants I, II and III regarding violating the law was wrong, because the Plaintiff had not yet held a deliberation regarding his objection, where it was clear that the implementation of land acquisition for development was in the public interest, objections to the results of the inventory and identification were rejected, the Chief Executive of Land Procurement made minutes of rejection. However, in this case no objection has ever been raised by the Plaintiff.]]>
<![CDATA[The Right of Workers with Disabilities: Legal Instrument and Challenges in Indonesia ]]>
<![CDATA[Muh. Arief Syahroni]]>;
<![CDATA[Abdullah Fikri]]>;
<![CDATA[Eka Nanda Ravizki]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1838
<![CDATA[Nowadays, people with disabilities still experience various acts of discrimination. For example, mainly constrained by the requirements of "no physically disabled" which has always been one common absolute requirement for every person when registering for certain jobs. Therefore, states should expressly provide legal protection to people with disabilities and provide opportunities for people with disabilities to be able to work like normal people in general and not consider their limitations as something that could hamper their work. Two important and interesting points will be discussed in this paper. First, people with disabilities are discriminated Often against while facing job recruitment, especially for Indonesian Attorney Civil Servants. Second, it is important to know the responsibility of the state in protecting people with disabilities. The type of research used in the present research is doctrinal-comparative legal research. This present research conducts library research to obtain secondary sources of law (authorities). This paper found that various legal instruments on disability rights that there is no correlation with each other, so it does not create an integrated system to protect the rights of disabilities in obtaining jobs. Although there has been affirmative action in the recruitment process prosecutor (civil servant), it is not enough to give the disabilities an equal opportunity to participate in the recruitment process]]>
<![CDATA[Sanksi Pidana Merintangi Upaya Penanggulangan Kejadian Luar Biasa dan Wabah dalam Pembaruan Undang-Undang Kesehatan ]]>
<![CDATA[Munandar, M. Aris]]>;
<![CDATA[Pratiwi Arifin, Arnita]]>;
<![CDATA[Khamila, Alya]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1839
<![CDATA[The research method used in this article is normative legal research, with a statutory approach. This research aims to identify legal rules, legal principles, and legal doctrines that are relevant to the legal issues of overcoming extraordinary events and outbreaks, as well as to find the basis and ontological foundation behind the formation of certain laws, including the identification of the ratio legis. Criminal law policies against perpetrators of criminal acts, especially related to the handling of extraordinary events and outbreaks, have significant implications for the implementation of prevention efforts and the achievement of sustainable development goals, especially in the 3rd Sustainable Development Goals (SDG) related to sustainable health. Criminal sanctions must be clear and firm to ensure legal certainty for the community in accordance with the principle of legality. However, in Article 446 of the Health Law, there are deficiencies and vagueness in the formulation of articles that can hinder effective law enforcement, especially in emergency situations such as the Covid-19 pandemic. The ideal concept of punishment comprehensively considers the factors that influence criminal offenders, in line with the principles of justice and takes into account social and economic factors. Flexibility in the application of punishment, such as community service as an alternative to fines, can be more relevant and have a positive impact, especially in public health emergencies. Refinement and adjustment of criminal law policies are essential to support the management of extraordinary events and outbreaks and achieve sustainable development goals in the health sector.]]>
<![CDATA[Sistem Pemidanaan Tindak Pidana Narkotika dalam Perspektif Hukum Pidana Nasional ]]>
<![CDATA[Azisa, Nur]]>;
<![CDATA[Adhyanti Mirzana, Hijrah]]>;
<![CDATA[Saddam Rivanie, Syarif]]>;
<![CDATA[Munandar, M. Aris]]>;
<![CDATA[Hamdani Ramli, Rafika Nurul]]>
<![CDATA[ UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i3.1840
<![CDATA[This research uses normative legal research methods with a focus on analyzing legal norms. This research aims to reveal the basic aspects of the formation of certain laws, by analyzing related laws using a statute approach. The sentencing system in Law Number 1 Year 2023 on the Criminal Code (National Criminal Code) presents significant changes, especially in special criminal offenses such as narcotics. The sentencing guidelines introduced in the National Criminal Code allow for broader considerations in imposing punishment, taking into account aspects of justice and humanity. The death penalty is regulated with leniency, giving judges a lot of consideration before making a decision. For drug offenders, the National Criminal Code provides rehabilitation sanctions, showing a more humane approach. Drug sentencing under the National Criminal Code reflects an integrative sentencing theory, which combines the principle of retribution with considerations of crime prevention and offender rehabilitation. This marks a change in the Indonesian criminal law system that prioritizes justice and humanity.]]>
