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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
Kriteria Pemimpin Negara Menurut Undang-Undang Dasar 1945 Ditinjau Dari Kriteria Imam Menurut Al-Mawardi Harmayanti, Halvina; Saebani, Beni Ahmad; Sutiana, Yana
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1794

Abstract

A leader is someone who has been chosen by a group who is given the mandate to lead the organization to achieve a goal, and is considered to have an influence on others and has an inherent leadership spirit. In Islam, the criteria for ideal leaders are in the Prophet Muhammad, but as ordinary humans, of course, we cannot equalize the criteria for leaders in the Prophet Muhammad, therefore in Islam there are criteria for imams according to Al-Mawardi which are based on the Qur'an and Hadith. In Indonesia, there are criteria for leaders according to the 1945 Constitution and Law No. 7/2017 on general elections. The two criteria certainly have different views, but if the two are compared whether it will be relevant or contradictory. This study will answer the relevance of the criteria of state leaders in Indonesia with the criteria of the Imam according to Al-Mawardi. This study will answer the relevance of the criteria for state leaders in Indonesia with the criteria for imam according to Al-Mawardi. This type of research belongs to the Qualitative category using descriptive analysis methods with data collection techniques, namely library research or literature studies. The 5 criteria for state leaders according to the 1945 Constitution and Law No. 7 of 2017 are relevant to the criteria for imam according to Al-Mawardi, namely according to the 1945 Constitution and Law No. 7 on elections (never betrayed the country and never committed corruption and other serious crimes, educated at least graduated from high school / vocational or other schools equivalent, spiritually able to carry out the duties of his obligations as President and Vice President and free from narcotics abuse, has a vision, mission, and program in implementing the government of the Republic of Indonesia, and the President is a native Indonesian) and according to Al-Mawardi (fair, healthy, knowledgeable, healthy limbs, have a vision and mission, and descendants of the Quraysh). So it can be concluded that the criteria for state leaders according to the 1945 Constitution and Law No. 7/2017 on elections when compared with the criteria for priests according to Al-Mawardi will be very relevant.
The Importance of Law Enforcement Based on Progressive Law in Realizing Community Welfare Setyawan, Vincentius Patria; Halim, Chandera
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1797

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.
Comparative Analysis of Criminal Laws on Money Laundering in ASEAN Countries: Between Justice and Protection Saida Flora, Henny; Syah, Kaharuddin; Erwin, Erwin; Avivi Nur Laila, Siti; Devi Lawra, Rifqi
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1798

Abstract

Globalization brings many conveniences to the activities of the community through technological advances. Globalization also makes the borders and distances between countries invisible, so that countries in the world can be connected to one another. On the other hand, globalization has a negative impact on the world, namely the emergence of transnational crimes. One of the transnational crimes that plague different countries is money laundering. It is the act of processing the proceeds of criminal activity with the intent of concealing the source of the criminal activity or transforming the profits of criminal activity or corruption into ostensibly legal assets. Money laundering has become a transnational crime that is complicated and difficult to solve in various countries around the world. In this journal, the author uses a legal approach and comparative law method to compare the regulation of money laundering in Indonesia, Singapore and the Philippines. The results of this study will be an examination of the development of money laundering in the era of globalization and the regulation of money laundering in Indonesia, Malaysia, Singapore and the Philippines.
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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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

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