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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 3,910 Documents
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Implementasi Regulasi Kepariwisataan Berbasis Harmonisasi Hukum Adat Lokal untuk Kesejahteraan Masyarakat (Studi Sosio- Legal Masyakarat Adat Suku Sasak di Batu Layar, Lombok Barat) Irham Rahman; Restu Adi Putra
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1292

Abstract

The tourism sector has an important role for the country, one of which is a source of foreign exchange from tourists as state income. Apart from that, the tourism industry can encourage regional and national economic growth. One area that has potential as a tourist attraction is West Lombok Regency, West Nusa Tenggara Province. The authority of the regional government as implementer of regional regulations, namely West Lombok Regency Regional Regulation Number 6 of 2016 concerning the Master Plan for Regional Tourism Development for 2016-2025, must maximize tourism policies for tourism progress. However, the people of West Lombok, Batu Layar, are the Sasak tribe who have inherent traditions and customs and culture that must be maintained. The problem faced by the government is that there is a legal gap between regional regulations for tourism development and local indigenous communities. This type of research uses empirical research methods, namely examining the application of existing laws in society. The results of this research are that the implementation of regulations from regional governments in tourism development experiences obstacles, namely misunderstandings in the interpretation of policies by villages, and clashes between indigenous communities and regional governments.
Peran Tokoh Adat Osing dalam Pemanfaatan dan Penggunaan Tanah Ulayat. (Studi Empiris Di Desa Kemiren, Kecamatan Glagah, Kabupaten Banyuwangi) Restu Adi Putra; Irham Rahman
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1293

Abstract

Customary land is a very important part of customary law communities so that its existence needs to be maintained and preserved. One form of the existence of customary land or customary land that is interesting to study more deeply is customary land in the Osing Kemiren traditional village, Glagah District, Banyuwangi Regency. Customary land or customary land for the Osing Kemiren customary law community is interpreted as an ancestral heritage that needs to be preserved so that in utilisation and use it is necessary to pay attention to the values of local wisdom that have been carried out for generations. The role of traditional leaders in the Osing Kemiren customary law community is very important to preserve customary land or customary land in terms of the utilisation and use of the land. The research method used in this research is to use the sociological juridical method, namely going directly to the community. So that the results obtained that based on the results of research conducted in the field, Customary Land or Customary Land according to the Osing Kemiren village customary law community is interpreted as individual land which in its use and utilisation still upholds local wisdom values in this case still using customs that apply from generation to generation. Customary figures in the Osing Kemiren customary law community have a role to provide advice and input in every activity related to land in the region.
Perlindungan Hukum Bagi Perempuan Sebagai Korban Tindak Pidana Perdagangan Orang Oleh Suami Mohammad Haris Yusuf Albar; Bambang Pujiono; Fitri Windradi
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1295

Abstract

Crimes of human trafficking still often occur to this day, even people who are supposed to be protectors of their wives are willing to sell their wives to other people with the aim of meeting their household needs. This makes it difficult for the government to provide protection to wives who are victims of human trafficking carried out by their husbands, because there could be wives who are unwilling to report their beloved husbands to law enforcement officials for what their husbands have done. In this research, normative legal research is used with a statutory approach, case approach, and conceptual approach. There are various efforts that can be made to provide legal protection to victims of human trafficking carried out by their beloved husband, including preventive and repressive efforts.
Analisis Yuridis Pemberian Hibah Kepada Pejabat Ditinjau Dari Tindak Pidana Gratifikasi Viola Audy; Hery Firmansyah
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1296

Abstract

Humans are social creatures who need each other to interact and carry out activities. In their daily life, humans are accustomed to doing something so that from this habit, laws are born that are agreed upon by the local community where the law was born. Because with the development of the times and the massive growth of humankind that is increasingly expanding, a law is needed that will become the single rule for all of society. Laws are made to provide protection and a sense of security for the community, but in some cases even though there are laws there are still those who commit criminal acts such as corruption. So it is necessary to have laws that regulate corruption at this time, because as technology develops, the modus operandi of corruption becomes more sophisticated. One of the efforts of criminal acts of corruption is giving gifts or grants to officials which is called gratuity. This study uses a type of qualitative research that examines and analyzes legal materials from relevant literature. The difference between gratuities and grants is needed is to avoid a legal vacuum or legal uncertainty, it will be difficult to ensnare corruptors into criminal acts, because basically grants are part of civil law making it difficult to fulfill elements of corruption. However, corruption through grants can be said to be gratification if it is given to state administrators and does not report the results of receiving the grant.
Akibat Hukum Kartu Keluarga Bagi Pasangan Kawin Tidak Tercatat Menggunakan Surat Pernyataan Tanggungjawab Mutlak Berdasarkan Peraturan Menteri Dalam Negeri Nomor 108 Tahun 2019 Tentang Persyaratan dan Tata Cara Pendaftaran Penduduk dan Pencatatan Sipil Dian Amelia; Ulfanora Ulfanora; M. Iflah Febrizal
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1297

Abstract

Marriage in society many occur without registration by the state, or known marriages have not been registered. According to The Domestic Affairs Minister Number 108 Year 2019 regarding the terms and regulations of the registration of the population and the civil record of married couples who have no record of marriage books can also record marriages in the occupational and civil record service by signing a waivement of marriage responsibilities. The purpose of this study is to find out the mechanisms and consequences of the law of issuing family cards for unregistered married couples using a letter of absolute liability based on The Domestic Affairs Minister Number 108 Year 2019. Research using normative juridical method with the nature of descriptive analysis research. The results of this study explain that violations ways to make a new family card for unregistered married couples must complete the requirements of filling the form F1.05 or A letter of absolute liability of marriage/divorce has not been registered and known by two witnesses and attaching a letter marriage has not been registered. Second, The legal result of publishing a family card for a married couple has not been recorded using a a letter of absolute liability based on Domestic affairs minister number 108 year 2019. In general, the increase in marriage practice has not been registered, Increased application for marriage books through the validation path, Increased demand for marriage confirmation, It also affects wife and children.
Analisis Dasar Pertimbangan Hakim Dan Akibat Hukum Dalam Menolak Gugatan Cerai Yang Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) Di Pengadilan Dilihat Dari Perspektif Hukum Acara Perdata Raynaldo Handojo Putra; Mia Hadiati
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1298

Abstract

This research aims to carry out an in-depth analysis of the judge's basic considerations and legal consequences in rejecting an unacceptable divorce claim (niet ontvankelijk verklaard) in court, seen from the perspective of Civil Procedure Law. This study explores various legal aspects that form the basis of a judge's consideration in rejecting a divorce lawsuit and the legal implications for the parties involved. The research method used involves legal text analysis, case studies, and a comparative legal approach to understand the legal framework that supports the judge's decision to reject an unacceptable divorce lawsuit. The results of this research provide in-depth insight into the legal process involving judge deliberations in this context and its impact on both parties
Urgensi Pembuatan Perjanjian Penerbitan Surat Utang Berjangka (Medium Term Notes) oleh Notaris Maena Vianny; Antarin Prasanthi Sigit
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1299

Abstract

The Financial Services Authority (OJK) issued Financial Services Authority Regulation (POJK) No.30/POJK.04/2019 concerning the Issuance of Debt Securities and/or Sukuk Conducted Without a Public Offering (from now on referred to as POJK EBUS) as a legal umbrella for issuance agreements Term Debt Securities or Medium Term Notes (from now on referred to as MTN). However, in reality, defaults on payments to MTN still occur frequently at this time. Moreover, in POJK EBUS there are no provisions explaining the making of an MTN Issuance Agreement by a capital market notary whereas in Circular Letter No. SE-0005/DIR-EKS/KSEI/1121 concerning the Mechanism for Registration of Debt Securities and/or Sukuk at PT Kustodian Sentral Efek Indonesia (KSEI) (hereinafter referred to as SE KSEI concerning EBUS Registration) explains the obligation to make the agreement by a capital market notary which has been registered with the OJK. The purpose of this research is to analyze the provisions in force in Indonesia regarding MTN Issuance Agreements, and the authority of notaries in making MTN Issuance Agreements. This doctrinal research collects secondary data through literature study, which is then analyzed qualitatively. From the results of the analysis, it can be explained that there are several factors that led to MTN's default, namely the Covid-19 pandemic, the bankruptcy of the securities issuing company and manipulation of the financial reports of the securities issuing company. The MTN Issuance Agreement itself should be made in the form of an authentic deed before a notary to guarantee legal certainty and protection for the parties because the authentic deed is a perfect means of proof if a dispute arises in the future.
Sistem Diversi Pada Tindak Pidana Narkotika oleh Anak yang Berkonflik dengan Hukum Julisya Mutiara Adival; Hery Firmansyah
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1300

Abstract

The crime of narcotics abuse in camping continues to grow, with trafficking involving children. The status of children who are vulnerable to unlawful acts means that the justice system must also consider the child's condition. Therefore, in the Indonesian justice system, the term 'juvenile criminal justice' is known, which is specifically applied to criminal acts committed by children. This also means that various criminal acts, such as narcotics crimes committed by children, must also be tried appropriately. As happened to the child defendant in decision no. 9/Pid.Sus-Anak/2022/Pn JKT.SEL. In this case study, children were involved as intermediaries in buying and selling narcotics. Based on this background, the aim of this research was to understand the criminal justice process in narcotics crimes against children, as well as the laws that can be used as a basis for justice applied to children. The research was carried out as a normative type of research, with a statutory and case study approach. The results of this research show that the administration of juvenile justice in Indonesia for narcotics crimes that make children suspects is carried out using a restorative justice approach with a diversion system. Even so, the judge still takes into account the demands of the prosecutor, and also the legal conditions that occurred. So that the judicial process can be relevant to the diversion that has been implemented. Meanwhile, the laws used as the basis for determining punishment consist of the Law on Narcotics, the Law on the Juvenile Criminal Justice System and the 1945 Constitution of the Republic of Indonesia concerning judicial power.
Analisis Putusan Eksekusi Jaminan Debitur Wanprestasi dalam Perjanjian Hutang Piutang (Studi Kasus Putusan Pengadilan Tinggi Nomor 238/Pdt.G/2020/Pt.Dki) Salma Yustia Rahmah; Gunawan Djajaputera
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1302

Abstract

The execution of collateral can be carried out when there is a court decision that takes into consideration whether there has been a breach of contract. This study employs a normative juridical approach as the basis for analyzing this legal issue. The research findings indicate that the debtor is legally entitled to execute the collateral concerning the breach of a debt agreement in the Decision of the High Court Number 238/Pdt.G/2020/PT.DKI. This is because both parties have a legally valid relationship to enter into a debt agreement, which was done by the plaintiff with the defendant I and II, with collateral in the form of a Certificate of Ownership for an Apartment Unit (SHMSRS) No. 3548/XXII/RIO DE JANEIRO, which has undergone the transfer process at the National Land Agency (BPN) in North Jakarta, registered in the name of the Defendant I, in this case, PT. Xiongji International Imp. & Exp. Group. The court decision to cancel the collateral seizure execution, which was previously determined as a result of the breach of contract by Defendant I in the Decision of the High Court Number 238/Pdt.G/2020/PT.DKI, is incorrect. This is because the petitioner of the collateral seizure has not paid the fees to the North Jakarta District Court until now. However, the judge ruled that Defendant I was at fault for the breach of contract, yet, on the other hand, the judge has canceled the collateral seizure execution against the collateral object guaranteed in the agreement.
Akibat Hukum Penggunaan Akta Kuasa Mutlak Sebagai Dasar Akta Jual Beli Devana Mustika
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1303

Abstract

A deed is a writing that is deliberately made to be used as evidence of an event (deed, agreement, or decree) and is signed. In carrying out an act, a person can give authority to another person to carry out the matter, namely to an institution of power. The existence of a power of attorney makes human life easier, but not all matters can be done with power of attorney, there are things that are prohibited by statutory regulations, one of which is the use of power of attorney in the transmission of land rights. The problem raised in this research is the legal consequences of transferring land rights through a sale and purchase based on an absolute power of attorney deed. To answer this problem, the research method used is juridical-normative. The data collection tool in this research is through document study obtained from various regulatory sources that apply in Indonesia. The final part of this research concluded that the legal consequences of using an absolute power of attorney deed in the process of changing the name of a certificate are null and void, this is because the debt acknowledgment letter which is an inseparable unit with the absolute power of attorney deed does not have an executorial title and does not meet the objective requirements of the validity of an agreement.

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