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Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
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editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
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Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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
Search results for , issue "Vol. 6 No. 3 (2024)" : 366 Documents clear
Penyelesaian Sengketa Wanprestasi Sewa-Menyewa Satelit Kemenhan RI Dengan Avanti Communications Secara Arbitrase Ichsan Fadillah, Farhan; Riza, Faisal
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.v6i3.1872

Abstract

This research discusses the resolution of the breach of lease dispute regarding satellite rental between the Ministry of Defense of the Republic of Indonesia and Avanti Communications through international arbitration, with a focus on analyzing the procedures conducted based on relevant regulations. The chosen research method is a normative approach utilizing primary legal sources from literature studies. The research aims to discuss dispute resolution strategies through international arbitration mechanisms in accordance with applicable laws. Arbitration is an option stipulated in a written agreement between parties aimed at resolving disputes outside conventional court processes. In the context of the case between Avanti Communications Limited and the Ministry of Defense of the Republic of Indonesia, it was proven that the Ministry of Defense committed a breach of contract and is required to compensate the losses incurred by Avanti Communications Ltd. The law on damages specifies the details that can be included. There is a potential for the cancellation of a legal agreement due to negligence that leads to a breach of contract, where the cancellation of the agreement can occur if it causes harm to the relevant parties.
Akibat Hukum Wanprestasi Dalam Jual Beli Tiket Konser Coldplay Secara Online Andhryani Hasibuan, Saskia; Faisal, Faisal
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.v6i3.1873

Abstract

In this modern era, the interest of Indonesian society, especially the younger generation, in music concerts is increasing. Many consumers prefer to purchase tickets online due to its convenience, but frequent concert ticket cancellations leave them disappointed and at a loss. The normative research method is used to analyze the relevant laws, with Article 1320 of the Indonesian Civil Code serving as a guide for online buying and selling agreements. Breach of contract often occurs in online concert ticket sales, leading to legal consequences under Article 1243 of the Indonesian Civil Code. Buyers have the right to demand contract fulfillment and compensation for losses due to the seller's negligence.
Pengaturan Hukum Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) Sebagai FIU (Financial Inteligence Unit) di Indonesia BR, Wahyudi
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.v6i3.1874

Abstract

Establishment of the Financial Transaction Reports and Analysis Center (PPATK) in order to prevent and eradicate money laundering crimes in Indonesia. PPATK is an independent institution which in carrying out its duties and authority is directly responsible to the President. In this case, PPATK carries out an analysis of reports received from Financial Service Providers or other parties. Based on the results of the analysis, if indications of a criminal act of money laundering are found, the results of the analysis are submitted to law enforcement officials as financial intelligence information for follow-up. PPATK also plays a role in assisting law enforcers in dealing with other criminal acts by using various information they have or the results of analyzes carried out. PPATK has the task of preventing and eradicating the crime of money laundering. In an effort to effectively prevent and eradicate the crime of money laundering, the government has played a real role and has a high commitment, including by handling the crime of money laundering in Indonesia since the enactment of Law Number 15 of 2002 concerning the Crime of Money Laundering as amended by Law. - RI Law Number 25 of 2003 concerning amendments to Republic of Indonesia Law Number 15 of 2002 concerning the Crime of Money Laundering. Even though these two laws have shown a positive direction, they are not yet optimal. For this reason, Republic of Indonesia Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering (UU TPPU) was formed.
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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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)
Publisher : Universitas Ekasakti

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.

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