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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
Rehabilitasi Sebagai Pemenuhan Restorative Justice Terhadap Penyalahgunaan Narkotika di BNN Kabupaten Tana Toraja Panggalo, Iindarda S.; M. Rombeallo, Yulianus
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.v6i3.1883

Abstract

Narcotics rehabilitation is an effort to free narcotics users from the trap of addiction to narcotics abuse. In the concept of restorative justice, someone who commits a crime does not have to be sentenced to prison. Imprisonment should act as an ultimum remedium or last resort to punish perpetrators of criminal acts. The concept of applying restorative justice to narcotics cases can be an alternative to punishment through treatment or rehabilitation. However, the next problem is regarding a person's right to apply for and receive rehabilitation as required by law. And next, legal procedures are also required that must be fulfilled by someone who wants to apply for their right to rehabilitation to the authorized agencies such as the National Narcotics Agency and the Courts so that legally someone can claim their right to receive rehabilitation. The research method that the author uses in this research is empirical research. The results of the research confirm that perpetrators of narcotics abuse at the Tana Toraja Regency BNN can be rehabilitated provided that the perpetrators have the awareness to be rehabilitated; positive for using narcotics based on the results of a forensic laboratory examination test if negative, the determination is through an examination by the Integrated Assessment Team; Not a recidivist, dealer and not involved in illicit narcotics trafficking networks; Arrested or caught red-handed without narcotics evidence or with narcotics evidence under 1 gram. Classified as a narcotics addict or victim of narcotics abuse based on the results of the Integrated Assessment Team examination. The legal process for someone who abuses narcotics to receive rehabilitation at the Tana Toraja District BNN has implemented the concept of restorative justice. The legal process is carried out in an integrated manner involving the BNN medical team and legal team. The results of the team's examination will later be used as material for consideration by the panel of judges in handing down legal sentences against perpetrators of narcotics abuse.
Implementasi Konvensi PBB Menentang Peredaran Gelap Narkotika dan Psikotropika Pasal 32 Ayat 2 Terhadap PERMENKES No. 5 Tahun 2023 Arya Wiguna, Yudha; Sitompul, Nasir
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.v6i3.1886

Abstract

Paragraph 2 of Article 32 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances mandates that member states implement necessary measures to penalize adequately serious criminal offenses related to drug trafficking. The paragraph explicitly states in the UN Convention on Narcotics that measures must be taken by each state party to ensure the imposition of penalties for such offenses. The present study employs normative research methods, which encompass various terminologies such as legal, positive legal, doctrinal legal, and pure legal research methods. Focused on written laws (laws in books) or societal customs, normative legal research typically utilizes secondary data, which includes primary, secondary, and tertiary legal materials. Narcotics and psychotropic substances, often produced through agricultural or chemical methods, are frequently processed illegally in concealed laboratories or isolated locations. Trafficking in these prohibited substances involves their illegal production, distribution, and sale, adversely affecting both individual health and societal welfare. Furthermore, the Convention on Narcotics, specifically Article 32 Paragraph 2, has significantly enhanced international cooperation in combating the trafficking of drugs and psychotropic substances in Indonesia. Through strict law enforcement, intelligence sharing, and cross-border operational cooperation, Indonesia can more effectively counter drug trafficking syndicates.
Analisis Perlindungan Hukum Pada Perusahaan Fintech P2P Lending Dengan Jaminan Fidusia (Studi Kasus PT Modal Rakyat Indonesia) Natasya Mauly N, Denayu; Rasji, Rasji
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.v6i3.1887

Abstract

This study examines legal protections in Fintech peer-to-peer (P2P) lending companies utilizing fiduciary guarantees, with a specific focus on the case of PT Modal Rakyat Indonesia. It contextualizes the necessity of guarantee mechanisms in financial transactions and underscores the critical need for legal protections for both creditors and debtors within the Fintech P2P framework. The research methodology involves a legal analysis of the Fiduciary Guarantee Law and a detailed case study of PT Modal Rakyat Indonesia. The findings underscore the significance of creditor preference rights and the processes for dispute resolution following a default, discussing their broader implications for Fintech P2P lending practices.
Analisis Terhadap Masalah Tindak Lanjut Laporan Akhir Pemeriksaan (LAHP)/Rekomendasi Ombudsman Sitepu, Rajin
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.v6i3.1888

Abstract

This research is motivated by the fact that there are still many LAHP and/or Ombudsman Recommendations that are not implemented, while the implementation is a necessity for the realization of good, clean and efficient public service delivery and to prevent and eliminate abuse of authority as specified in the laws and regulations. This research was conducted using secondary data, which is sourced from the 2021 Annual Report of the Ombudsman RI, Laws and Regulations on the Ombudsman and on Public Services. From the research conducted, it is known that the factors causing the LAHP and / or Ombudsman Recommendations not to be implemented are due to: First, the legal material factor which still contains legal loopholes, intertwined with the Second factor, namely Law Enforcement, where not all Officials who have the authority to enforce the law oversee the implementation of LAHP and / or Recommendations, as well as impose administrative sanctions on the Reported Party who does not implement LAHP and / or Recommendations, and Third, the factor of those affected by the rule of law, where there is still an assumption of some Reported Party, that LAHP and / or Recommendations are only suggestions, not as something that must be implemented.
The Importance of Law Enforcement Based on Progressive Law in Realizing Community Welfare Halim, Chandera; Patria Setyawan, Vincentius
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.v6i3.1889

Abstract

Progressive Law emerged from Satjipto Rahardjo's idea of ​​seeing the worrying reality of law enforcement in Indonesia. The law tends to favor the strong and oppress the weak, sharp downwards but dull upwards. This article discusses the importance of having behavior based on Progressive Law in law enforcement. The method used in writing this article is a normative legal research method with a conceptual approach. The results of this research are that law enforcement that improves the welfare of the people in the style of Progressive Law will be formed if law enforcement officers have progressive law enforcement behavior. The meaning of progressive behavior is law enforcement that is sensitive to the realization of the values ​​of justice, and is not confined solely to the formulation of the text of the law. Such law enforcement will create justice, benefit and welfare for society.
Efektivitas Sistem E-Berpadu Dalam Perkara Pidana Sebagai Upaya Mewujudkan Peradilan Cepat Candra, Ade; Danil, Elwi; Elvandari, Siska; Robensyah, Andes
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.v6i3.1892

Abstract

This research aims to see the effectiveness of the E-Berpadu system which was launched by the Supreme Court through Perma Number 4 of 2020 and refined with Perma 8 of 2022. The E-Berpadu system is an application used to simplify processes in the criminal justice system. This application emerged as an initiative during the Covid-19 pandemic where everyone was encouraged to carry out activities from home. This is why this application with the E-Berpadu system is here to make things easier for the public and law enforcement officers in the criminal justice system. This research uses a normative juridical legal approach with analytical descriptive methods. The results of this research are that through the E-Berpadu system, it has provided convenience to the public and law enforcement officers in the criminal justice system. The E-Berpadu system makes it easy for law enforcement officers to access it only through their respective offices via the application.
Perizinan Berusaha Berbasis Risiko pada Sektor Perindustrian Pasca Terbitnya Undang-Undang tentang Cipta Kerja: Hal-Hal yang Perlu Diperhatikan Herlambang, Bonifacius
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.v6i3.1893

Abstract

Following the issuance of Government Regulation Number 5 of 2021 concerning Risk-Based Business Licensing, Indonesia has adopted a new concept of business licensing based on risk levels. This concept aims to facilitate business operations for entrepreneurs. This study focuses on the risk-based licensing mechanism in the industrial sector from the perspectives of the government (as regulator) and industrial business actors. The research aims to analyze the differences in licensing mechanisms before and after the enactment of Law Number 11 of 2020 concerning Job Creation, which was later amended by Law Number 6 of 2023, and to identify key aspects to be considered in the implementation of risk-based business licensing. The method used is doctrinal research involving the analysis of legal doctrines, development, and regulatory implementation mechanisms. The findings indicate that risk-based licensing classifies business permits into four risk levels: low, medium-low, medium-high, and high. Critical aspects of this mechanism's implementation include the issuance of Government Regulation in Lieu of Law Number 2 of 2022, the concept of industrial activity supervision and control, and the relation of PP 5/2021 to legal principles and theories. The study concludes that the risk-based licensing concept aligns with the principles of justice, utility, and legal certainty.
Perbandingan Efektivitas Dalam Pengelolaan Lembaga Pemasyarakatan (Lapas) Yang Mengalami Overcrowded di Negara Indonesia dan Brasil Rizki Pratama, Muh Ersandi; Ansa, Ferdi; Irfandi, Fitra; Hafiidz Syam, Syahrul
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.v6i3.1894

Abstract

Indonesia is a country based on law. In addition to using the term rechtstaat, Indonesian literature also commonly uses another term, namely the rule of law, to mean "rule of law". This coaching system is implemented by Correctional Institutions or what is abbreviated as Lapas as regulated in Article 6 of Law Number 12 of 1995. Correctional Institutions must organize correctional institutions so that prisoners can be accepted back into society. The performance of a prison in implementing correctional services is greatly influenced by several factors, namely the quantity and quality of prison officers, adequate facilities and infrastructure, a coaching program that is tailored to interests and talents, and the existence of comparability. These factors complement each other. The method used in compiling this research is research with a normative juridical method approach, namely research that focuses on testing the application of rules or norms in law. The effectiveness of the management of overcrowded prisons in Indonesia and Brazil is very good. In Indonesia, which has made efforts to prevent overcrowding by using several alternative methods, such as a grand design for handling overcrowding in state detention centers and correctional institutions, there is institutional strengthening in correctional institutions. Brazil has made efforts to prevent overcrowding by privatizing correctional institutions and outsourcing.
Analisis Kebijakan Penanganan Tindak Pidana di Bidang Perpajakan Oleh Direktorat Jendral Pajak Sembiring, Destiana
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.v6i3.1895

Abstract

In tax law, apart from administrative sanctions, there are criminal sanctions imposed for violations and crimes. Criminal law as stated in the Criminal Code and those outside it, namely in special provisions (lex specialist). The research method used is literature study, while the data analysis method uses qualitative analysis methods. From the results of the analysis carried out on the focus of this research, the criminal law policy strategy in the field of taxation in the future should be in line with the principle in tax crime, that criminal sanctions in taxation are Ultimum Remidium, meaning that in enforcing violations of tax law the priority is administrative sanctions, while the application of criminal sanctions is carried out if the methods used are no longer effective in making taxpayers comply with tax regulations but can disrupt aspects of legal justice for taxpayers and at the same time the legal rights of taxpayers (society) as a whole. The regulation of the authority of PPNS investigators in investigating criminal acts in the field of taxation is monopolistic, the implementation of investigations carried out by the PPNS Regional Office of the Directorate General of Taxes on taxpayers who commit criminal acts in the field of taxation is in accordance with the rules of the Criminal Procedure Code and the KUP Law, as well as the Regional Office of the Directorate General of Taxes in conducting investigations of taxpayers who commit criminal acts in the field of taxation.
Analisis Yuridis Terjadinya Peristiwa Konflik Bersenjata Ukraina dan Rusia Ditinjau dari Perspektif Hukum Humaniter Internasional Asya, Jasran; Rahayu, Sakthi; Widianto, Alfin Prananda
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.v6i3.1896

Abstract

Over the past half century, almost every country has been involved in armed conflicts either domestically or with other nations. One example is the escalating armed conflict between Ukraine and Russia, resulting in many civilian casualties and damaging public infrastructure, which is considered a violation of the provisions of international humanitarian law. This research was conducted using normative juridical methods by examining legal materials obtained through literature study. The findings of this research indicate that the Russian Armed Forces have committed various violations contrary to the principles of humanitarian law, such as the principles of military necessity, humanity, and proportionality. Violations of these principles may include disproportionate attacks, targeting civilians, excessive use of force, and restrictions on humanitarian assistance. Resolving this conflict requires a comprehensive approach and the commitment of all parties involved, such as urging Russia and Ukraine to fulfill their obligations as UN members by respecting applicable international humanitarian law provisions under the principle of pacta sunt servanda, mediating through diplomatic channels, imposing sanctions by the UN against both countries for violations of international humanitarian law as accountability for the attacks committed, and urging the UN Security Council to issue a resolution to immediately cease the hostilities.

Page 16 of 37 | Total Record : 366

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