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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 121 Documents
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Search results for , issue "Vol. 7 No. 1 (2024)" : 121 Documents clear
Aspek Hukum Perlindungan Konsumen Terhadap Produk Masker Medis di PT. Surya Tara Jaya Chen, Andre; Diary Steward Surbakti, Anton
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2329

Abstract

When talking about the need for masks, this increasing demand is unexpectedly exploited by irresponsible individuals. They carry out hoarding of medical masks and health equipment that are urgently needed by the community and medical teams in dealing with the pandemic. The purpose of this hoarding is to gain profit and enrich themselves by selling medical masks, hand sanitizers, alcohol, and other equipment at above average prices. This research is a normative research. The data collection tools used in this study are in the form of document studies and literature searches. Data obtained from library materials are then analyzed by document studies and using qualitative analysis. Based on the results of the study of legal protection regulations for consumers regulated in Law Number 8 of 1999 regarding medical mask products, it explains that consumer rights include the right to comfort, security, and safety in consuming goods and/or services in accordance with the exchange rate and conditions and guarantees promised, the right to be treated or served properly and honestly and without discrimination. The company's procedure for resolving consumer disputes related to medical mask products at PT. Surya Tara Jaya is an effort to resolve the disputes that can be carried out by PT. Surya Tara Jaya, which suffers losses due to the use of defective health masks, the company takes 2 (two) methods, namely through non-litigation and litigation. Dispute resolution through non-litigation is the initial way to resolve disputes between producers and consumers, while litigation resolution can be carried out if the dispute cannot be resolved through any means or cannot be done through non-litigation dispute resolution. There are several obstacles that companies may face in resolving consumer disputes related to medical mask products. Some of these obstacles involve various factors, including law, communication, and external factors. Here are some of the obstacles that may be faced: regulatory complexity, legal costs, lack of information or poor communication, legal uncertainty, reputational risk, resource constraints, group demands, inconsistent understanding.
Perlindungan Hukum Bagi Konsumen Terhadap Tindakan Sewenang-Wenang Developer Perumahan Stefany Meylin Kurniasari; Nathaniel Elbert Gunawan; Calvin Manuel Hutomo; James Santoso
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2330

Abstract

This research addresses the legal protection for consumers against arbitrary actions by housing developers. The background of this issue is the primary human need for adequate and safe housing. Developers, as business actors in the housing sector, have the responsibility to fulfill consumer rights, as regulated in Law Number 1 of 2011 concerning Housing and Residential Areas and Law Number 8 of 1999 concerning Consumer Protection. However, in practice, developers often take actions that hinder the construction of houses by consumers, thereby harming them. This research uses a normative juridical method, by collecting secondary data from books, laws, and other literature sources. The results of the research show that the actions of developers that obstruct house construction are a violation of consumer rights that require legal protection. This protection can take the form of administrative sanctions against developers, such as compensation costs and interest. Therefore, developers must be accountable for the rights granted by law to ensure consumers can build adequate and safe homes.
Pertimbangan Hakim dalam Memutuskan Perkara Kasus Pindana Korupsi di Kota Blitar Agnes Levina Sesa; Paskah Febiola Dwi Gonstary; Kahfian Yunita Maulidia
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2331

Abstract

Corruption is a serious crime that harms the nation both financially and morally. This study attempts to highlight a case of corruption committed by a bank teller in Blitar City, involving numerous government officials. In the context of the case faced, one of the defendants, Evi Sulistia Watiningsih, acted as a teller at PD. BPR Artha Praja, Blitar City. This research uses a normative legal analysis method with a case study approach. The result of this study is that the defendant, Evi Sulistia Ningsih, was found guilty of committing corruption in collaboration with others, and was sentenced by the judge to four (4) years in prison and fined 100,000,000 rupiahs with an additional punishment if the fine is not paid. The punishment given by the judge is in accordance with Law No. 20 of 2001 concerning corruption (tipikor), and it is hoped that it will serve as a lesson for the defendant not to commit the same act in the future, which would harm the nation's finances
Konsep Perwakilan Fungsional Utusan Golongan Dalam Sistem Perwakilan Di Indonesia Rizki Agus Saputra
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2332

Abstract

The aim of the research is to provide an understanding of the urgency of re-implementing the concept of functional representation in the Indonesian parliament. The emergence of the concept of functional representation or the principle of functional or occupation representation needs to be paid attention to and its importance recognized wherever possible, in addition to the political representation system, as a way to incorporate expertise or expertise into the decision-making process that concerns the public interest.. In Indonesia, the principle of functional representation has also been known, in addition to the principle of political representation. The Karya Group (Golkar), which was based on the principle of functional representation, then shifted to political representation, like other political parties. With the various descriptions of the representative system mentioned above, it can be seen that apart from political representation which is considered reasonable, functional representation also needs to be considered and recognized for its importance as a way to include economic elements and other group elements (group representatives) in the political process in the Indonesian parliament.
The Role Of Land Owner Farmers In Sustainable Food Agricultural Land Protection Hardimen; Fauzia Zainin; Darlisma
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2334

Abstract

Sustainable agricultural development is faced with competition for the use of agricultural land and the preservation of the function of land resources and the environment. Agricultural land conversion is a sectoral issue, a regional issue and a national issue in providing food for the community. The conversion of agricultural land and the need to protect food agricultural land has so far not become a major issue in regional development planning. This research aims to see to what extent farmers who own land play a role in protecting sustainable food agricultural land. This research uses primary data sources, secondary data and tertiary data. Primary data was obtained directly through interviews with sources from the Department/Agency that handles LP2B. The results of the research show that the standard area of ​​rice fields in West Pasaman Regency in 2016 - 2022 saw a reduction in the area of ​​rice fields by 3,948 Ha. This reduction in rice fields is due to the conversion of agricultural land into oil palm plantations, settlements and housing as well as due to damage to irrigation dams and sub-optimal irrigation channels and others. This research also found the supporting capacity for land and food protection in the form of local wisdom in several Nagari-nagari such as in Kinali District, Desa Baru and Kenagarian Talu, this is a form of concern in keeping rice fields eternal, and of course the Regional Government of West Pasaman Regency must be more proactive in encouraging and developing the role of farmers who own land which is based on local wisdom in maintaining and caring for permanent rice fields. eternal community as sustainable agricultural land.
Konsep Cyber Notary Dalam Pelaksanaan RUPS Melalui Media Elektronik Sari, Riska Nova
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.1963

Abstract

Organizing a GMS via electronic media can be carried out as regulated in Article 77 paragraph (1) of the Limited Liability Company Law, but its implementation has only been realized since the Covid-19 pandemic. Therefore, it is necessary to carry out an in-depth study regarding the obstacles that prevent GMS via electronic media from being widely implemented since the enactment of the Limited Liability Company Law and and regarding the current development of implementing GMS via electronic media. This research aims to determine the development of the implementation of the GMS via electronic media. In this research, a normative legal research method was used using a statutory regulation approach and a conceptual approach, then analyzed using a qualitative descriptive analysis method. The results of the research concluded that the obstacles to proving that the GMS via electronic media was actually held meant that its implementation had not been carried out much since 2007. However, after the ratification of POJK Number 16 of 2020 makes it common to carry out GMS via electronic media because it has explained in more detail the procedures for its implementation compared to Article 77 of the Limited Liability Company Law.
Studi Komparatif Peran Notaris dan Pejabat Pembuat Akta Tanah (PPAT) dalam Pembuatan Akta Jual Beli Pratama, Fadhli Nur; Ana Silviana
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2131

Abstract

This research aims to analyze and compare the roles of notaries and land deed officials in making sale and purchase deeds, as well as identify problems and challenges faced in practice. This research uses a normative juridical approach method that seeks to synchronize legal provisions against norms, and other legal regulations that have a relationship with the application of legal regulations in the field with literature study data collection techniques. The results show that there is an overlap of authority between notaries and PPATs that can cause confusion in the community in choosing the appropriate service. Differences in procedures and operational standards between these two professions also affect the efficiency and legal certainty in making sale and purchase deeds. In addition, limited public understanding of the role of each profession results in inappropriate service selection and potential legal disputes in the future. Bureaucratic constraints, regulatory changes, and technical land issues are significant challenges faced by notaries and PPATs in carrying out their duties. This research emphasizes the importance of education and socialization regarding the roles and authorities of notaries and PPATs, as well as regulatory reforms to reduce overlapping authorities and improve the efficiency of the sale and purchase deed process. With better understanding and better coordination between notaries, PPATs, and related institutions, it is expected that legal certainty and rights protection in property sale and purchase transactions can be improved.
Perilaku Masyarakat Terhadap Pasal 29 UUD 1945 Atas Perbuatan Pembubaran Ibadah Secara Paksa Berdasarkan Perspektif Hukum Pidana Pratiwi Br. Tambun, Dina; Gabriel Siahaan, Parlaungan
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2206

Abstract

This research aims to find out and analyze the extent to which people's behavior towards legal rules protects the law in implementing a life that has high religious tolerance. This research is normative-empirical legal research, namely research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on each specific legal event that occurs in society. This research was carried out using interview and observation methods with informants, namely the Satia Village Community, Binjai Kota District, North Sumatra and the Binjai City Police Department, and the Binjai Religious Harmony Forum (FKUB). Then the data analysis techniques in this research are data reduction, data presentation and drawing conclusions. The research results show that on May 19 2023, there was an incident of forced disbandment of the Mawar Sharon Church (GMS) congregation in Satia Village. Around 40-50 local residents protested the worship activity even though GMS had obtained permission from FKUB. This incident sparked strong reactions from the wider community and various organizations who condemned the forced disbandment. Based on the results of interviews with 12 respondents in Satia Village, the majority of respondents condemned this action and understood that the forced disbandment of worship violated Article 29 of the 1945 Constitution which guarantees freedom of religion. However, some people still feel uncomfortable with worship activities carried out by other religious groups in Muslim-majority environments. FKUB Binjai plays an active role in mediating and seeking peaceful solutions to overcome these disturbances. They also emphasized the importance of dialogue and mutual understanding to prevent future conflict. Overall, this research shows that although the public's understanding of religious freedom is relatively good, greater efforts are still needed from the government and related institutions to improve legal protection of religious freedom in Indonesia. More intensive education, better coordination between institutions, and increased human resources and budgets are necessary steps to achieve this goal. Apart from that, society's response to minority religious forms also needs to be improved through the involvement of various parties, including religious leaders, to change society's way of thinking.
Analisis Ring of Security pada Stasiun MRT X Permana, Aulya; Priyanto, Sapto
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2209

Abstract

The security of public transportation infrastructure is a crucial aspect in maintaining the stability and continuity of urban society. Mass Rapid Transit (MRT) stations are potential targets for terrorism and other crimes. This study aims to analyze the security of X MRT Station based on the Ring of Security concept. This article, titled "Analysis of the Ring of Security at X MRT Station in Jakarta," uses a descriptive qualitative research method with data collection techniques including field observations and literature studies. The Ring of Security concept is used as an analytical framework to identify weaknesses and strengths in the station's security system. The results show that the station has several strengths, such as robust building design and extensive use of CCTV. However, there are also weaknesses, such as a lack of supervision in certain areas like restrooms and parking lots. Risk analysis and improvement recommendations are proposed to enhance the security of X MRT Station in Jakarta and protect the public from potential terrorism and other crimes. This research contributes to the understanding of public transportation security systems and the importance of implementing a holistic security concept in protecting critical urban infrastructure.
Analisis Implementasi Three Rings of Security Sebagai Upaya Pencegahan Aksi Terorisme dalam Sistem Pengamanan Bandara X Azzahra, Syafira; Priyanto, Sapto
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2212

Abstract

Peristiwa 9/11 yang merupakan titik awal dari salah satu serangkaian serangan teroris yang mematikan di Amerika Serikat, di mana serangan pembajakan pesawat udara yang menyerang gedung World Trade Center (WTC) di New York oleh Al Qaeda pada tahun 2001. Adanya fenomena tersebut menyoroti bahwa kedaulatan udara berperan sangat penting dalam memastikan keamanan dari ancaman serangan terorisme yang melibatkan transportasi udara, karena dapat berakibat fatal jika terjadi kelalaian dalam menjaga wilayah udara kedaulatan negara. Bandara X merupakan salah satu bandara di Indonesia yang memiliki nilai strategis, karena didalamnya terdapat objek-objek vital. Jenis penelitian ini adalah kualitatif deskriptif dan data diperoleh dengan menggunakan teknik pengumpulan data studi kepustakaan dan observasi. Analisa yang dilakukan menggunakan kerangka konsep three rings of security yang terdiri dari tiga indikator, yaitu the outer ring, the middle ring, dan the inner ring. Hasil analisis dari penelitian ini menjelaskan bagaimana implementasi three rings of security yang sudah diberlakukan dalam menjaga keamanan bandara X untuk mencegah terjadinya aksi terorisme.

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