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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
Penguatan Peran Otoritas Jasa Keuangan Dalam Perlindungan Hukum Bagi Industri Jasa Keuangan dan Masyarakat Pasca Berlakunya Undang-Undang No. 4 Tahun 2023 Tentang Pengembangan Dan Penguatan Sektor Keuangan Yustisia Nasution, Arjanggi
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.v6i3.1906

Abstract

Strengthening of the role of OJK after the enactment of the P2SK Law, where after the enactment of the P2SK Law there was a regulation that all actions including decisions taken by the OJK based on the P2SK Law were not objects of lawsuits that could be submitted to the state administrative court. Of course, this will have a direct impact on the financial services industry and society if OJK's actions and decisions have a negative impact on them. Furthermore, the emergence of a new institution, namely the OJK Supervision Body which functions to assist the DPR in carrying out its oversight function as well as improving the performance, accountability, independence, transparency, and institutional credibility of the OJK. This paper aims to provide a better understanding of legal protection for the financial services industry and the public in the context of their relationship with the OJK after the enactment of the P2SK Law.
Pelaksanaan Precautionary Principle Dalam Menterjemahkan Pembangunan Berkelanjutan Analisis Kritis Putusan Kasus Kasus Perdata Mandalawangi Garut dan Kalista Alam Meulaboh Aceh Anastasia Pratiwi, Bella
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.v6i3.1907

Abstract

Sustainable Development is one of the environmental principles to achieve which cannot be separated from the implementation of other environmental principles. One of the most important principles to be implemented so that the goal of sustainable development, where future generations can enjoy the right to a good environment, is to be careful in using the natural resources we have now. In practice, the precautionary principle is often violated by maladministration in the issuance of permits. If a pollution has occurred, the judge becomes one of the pillars in terms of efforts to obtain compensation to make the maximum possible repairs for the losses created.
Analisis Perlindungan Konsumen Dari Perusahaan Fintech Ilegal Melalui Pelaksanaan Mekanisme Regulatory Sandbox Sebagai Upaya Akselerasi Usaha Mikro Kecil dan Menengah Rizky Novianto, Muhammad
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.v6i3.1908

Abstract

The development of financial technology (fintech) innovation is something that cannot be avoided by various parties. Its rapid development needs to be harmonized with the regulation and protection of business actors and consumers, especially with the rise of illegal fintech. One of OJK's efforts to mitigate this risk is to implement a Regulatory Sandbox mechanism as a fintech trial that will operate later. However, in the Regulatory Sandbox mechanism, there is a weakness in that there is no follow-up assistance mechanism for fintech companies that have been declared not recommended by the OJK. So that the authors in this paper use normative juridical research methods, to study laws and regulations regarding the Regulatory Sandbox and consumer protection, which results in research that it’s necessary to have thhe formulation off an advanced regulatory sandbox assistance mechanism which is then translated into the reassessment stage, the re-assistance stage. , and the recovery stage. Apart from that, the concept of an advanced mechanism also needs to be accommodated in POJK Number 13/POJK.02/2018 along with its technical provisions, namely SEOJK Number 21/SEOJK.02/2019.
Perlindungan Ekspresi Budaya Tradisional Bali Terhadap Klaim PT Karya Tangan Indah (Studi Kasus Putusan No. 823/K/Pid.Sus/2009) Verius Wiro, Octa
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.v6i3.1909

Abstract

Ketut Deni Aryasa was brought to the court as a defendant and was acquitted based on Denpasar District Court Decision Number: 341/Pid.Sus/2014/PN.Dps and corroborated in the Supreme Court Decision Number 823 K/Pid.Sus/2009. The verdict is related to the criminal offense of copyright infringement, intentionally and without the right to do the act of publishing or reproducing a work. (Article 72 paragraph (1) of Law No. 19 Year 2002 on Copyright). This case not only involves the defendant, but also involves John Hardy Limited, PT Karya Tangan Indah, and Balinese silver craftsmen. The silversmiths were involved because they considered the object of the case to be their traditional cultural expression, and it was found that many other traditional cultural expressions had been registered by foreign parties. GRTKF was a hot topic at that time, even until now it is still an issue, and this case has also become a discussion at WIPO in its discussion about GRTKF. The object of this research is traditional cultural expressions and copyright (case study in Supreme Court Decision Number 823 K/Pid.Sus/2009). This decision illustrates that traditional cultural expressions are regulated in copyright and some related rules in Indonesia. However, the regulation related to traditional cultural expressions is still not effective. It can be said that traditional cultural expressions have not been maximally protected. Concerns arise over the utilization of traditional cultural expressions by foreign parties, but to the detriment of the communal community where the traditional cultural expressions originate.
Pelanggaran Hukum Terhadap Hak Konsumen oleh Pelaku Usaha Pada Marketplace Dengan Tidak Memberikan Informasi Mengenai Produk Secara Jelas Ridhan Zhafari, Firdaus
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.v6i3.1910

Abstract

The rapid advancements in technology, particularly in the fields of science and technology, have significantly simplified human activities, especially in economic terms. This is evident in the shift towards online transactions, which have become a primary mode for economic activities and meeting daily needs, such as online buying and selling. In today’s globalized era, transactions do not require face-to-face interactions thanks to internet platforms known as marketplaces. These platforms facilitate the exchange between sellers and buyers without direct contact, offering various transactional facilities that enhance user convenience such as multiple payment methods, detailed product categories, delivery options, and a range of seller credentials including official shops and trusted labels. However, while these features provide numerous advantages, there are also inherent risks, such as increased opportunities for fraud since the transactions are not conducted face-to-face. This paper highlights a specific case encountered on the Shopee marketplace involving a misrepresented sale of a book, illustrating a breach of consumer rights as defined by Indonesia's Consumer Protection Law No. 8 of 1999. The principles of consumer protection, which include fairness, balance, and legal certainty, are discussed. These principles are essential for ensuring that consumers are protected from deceptive business practices and receive goods that correspond both in quality and quantity to what is paid for and advertised by the business.
Perlindungan Hukum Terhadap Konsumen Atas Perbedaan Tarif Paket Internet Yang Ditawarkan oleh Telkomsel Satrianingtyas, Auliya Ayu
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.v6i3.1911

Abstract

In the era of globalization marked by advancements in communication technology, Indonesia has seen a significant increase in smartphone usage. Smartphones, now almost equivalent to computers in capabilities and functions, play a key role in providing access to the internet and applications that enrich the digital lifestyle of their users. This research focuses on PT. Telkomsel, a leading cellular operator in Indonesia, which has adopted various technological innovations including prepaid GSM services, 3G, and 4G, as well as preparing for 5G. Telkomsel not only plays a role in connecting millions of users through a broad network but also in promoting digital access via the MyTelkomsel app. However, this study also critiques the practice of Telkomsel's differential tariff setting based on zones and consumer profiles, which poses potential discrimination. Referring to the Consumer Protection Law, this study explores the implications of such practices on consumer rights and offers recommendations for fairer and more transparent consumer protection in the telecommunications industry. This research provides vital insights into the balance between technological innovation and consumer ethics in the context of modern business.
Implikasi Yuridis Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja terhadap Undang-Undang Nomor 25 Tahun 2007 tentang Penanaman Modal Chandra Darmawan, Aditya
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.v6i3.1912

Abstract

One of the primary objectives of the state is to advance the general welfare, as mandated in Article 33 of the 1945 Constitution of the Republic of Indonesia. This article emphasizes that the economy should be organized as a collective endeavor based on the principle of kinship, and vital production sectors should be controlled by the state to ensure the welfare of the people. Furthermore, the article states that the national economy should be conducted with economic democracy principles that include efficiency, fairness, sustainability, and independence while maintaining the balance of national economic progress. On the other hand, national economic development is emphasized to proceed with democracy principles to create economic sovereignty. The government's role in advancing people's economy is further strengthened by investment policies focusing on micro, small, and medium enterprises and cooperatives as a means of societal renewal and welfare improvement. Although Indonesia holds significant potential in investment as stated in the World Bank's rankings, there are still challenges in creating a conducive investment climate. Adjustments to legislation such as the Job Creation Law are made to accelerate economic and legal development, investment, and prepare the country for potential recessions. This study focuses on the regulation of investment in Indonesia and the impact of the Job Creation Law on it.
Diskresi Pemerintah Daerah Dalam Penetapan Tarif Pajak Hiburan Pasca Implementasi Undang-Undang Nomor 1 Tahun 2022 Tentang Hubungan Keuangan Antara Pemerintah Pusat dan Pemerintah Daerah Ayuningtyas Manggiasih, Rahajeng
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.v6i3.1913

Abstract

The implementation of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (UU HKPD) has changed the structure and tax rates at the regional level, particularly for Specific Goods and Services Tax (PBJT) on arts and entertainment services. These changes include adjustments to entertainment tax rates, which are now set at a minimum of 40% and a maximum of 75% for specific entertainment services such as discotheques, karaoke, nightclubs, bars, and steam baths/spas. Although the increase in rates is in accordance with the provisions of UU HKPD, the policy has sparked controversy and widespread opposition, especially from entertainment business operators who are just beginning to recover post-COVID-19 pandemic. The determination of the PBJT rates is carried out by local governments through Regional Regulations as an implementation of UU HKPD. Local governments are expected to utilize the discretion provided by the law to set tax rates that not only increase regional revenue but also support the growth of the local entertainment industry.
Tinjauan Yuridis Terhadap Penanaman Modal Asing di Sektor Perikanan Indonesia Setelah Berlakunya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Bernando, Alfredo Joshua
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.v6i3.1914

Abstract

Indonesia is a maritime country because the lands in Indonesia are surrounded by oceans, so it has the potential that can be developed through the fisheries sector. The fisheries sector can be well developed by investing both foreign and domestic investors. The government has opened the widest possible opportunities for investors since the enactment of Law Number 11 of 2020 concerning Job Creation, so that the fisheries sector in Indonesia can get more attention for foreign investors, because foreign investment can advance the economy in order to realize national development. Therefore, it is hoped that this change in regulations for the fisheries sector can produce maximum results for Indonesia's economic progress through new procedures implemented and supervision by the government itself.
Pertimbangan Hukum Hakim Mengenai Kompetensi Absolut Peradilan Tata Usaha Negara Dalam Menyelesaikan Permohonan Fiktif Positif Pada Putusan No. 3/P/FP/2020/PTUN.MKS Indrana, Bagas Satya
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.v6i3.1915

Abstract

This research analyzes the Makassar State Administrative Court Decision No. 3/P/FP/2020/PTUN.MKS which will discuss the object of the petition regarding the positive fictitious decision of the Respondent who did not respond to the Petitioner's letter regarding IUPSWA. This application was registered on December 16, 2020 and decided on January 25, 2021 after the enactment of Law No. 11 of 2020 on Job Creation. Although the Law came into force on November 2, 2020, the decision did not consider the provisions of Article 175 Number 6 of Law No. 11 of 2020. In this case, the Panel of Judges relied more on Article 53 of Law No. 30 of 2014 on Government Administration, without taking into account the changes brought about by Article 175 Point 6 of Law No. 11 of 2020. The petitioner succeeded in filing the petition in its entirety, as the Panel of Judges was of the opinion that the Administrative Court was still authorized to handle cases of positive fictitious petitions. The reference basis for the absolute competence of the PTUN used by the Panel of Judges in adjudicating the application is based on the provisions of Article 53 of Law No. 30 of 2014 to Obtain a Decision on the Receipt of an Application to obtain a Decision and/or Action of a Government Agency or Official.

Page 36 of 37 | Total Record : 366

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