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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 3,918 Documents
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Sistem Pembuktian yang Digunakan Oditur Militer dalam Tindak Pidana Pembunuhan Berencana yang Dilakukan Anggota Militer Aimmatul Khoiroh; 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.v6i2.1394

Abstract

According to W.L.G. Lemaire, criminal law is law including norms containing obligations and prohibitions stipulated by law, associated with forms of punishment in the form of punishment, namely special suffering. Enforcement is carried out by the military and the authorities in accordance with statutory regulations. The strength of evidence in court decisions in resolving criminal cases is very important for anyone who resolves criminal cases. The strength of evidence really helps investigators in investigating a criminal case because without evidence, a case cannot be resolved quickly. In Article 184 of the Criminal Procedure Code (Criminal Procedure Code) valid evidence is: Witness Statement, expert testimony, Letter, Instructions, Perpetrator's statement. The purpose of this journal is to find out whether the Military Prosecutor's evidence in the criminal act of premeditated murder committed by Military Members in decision Number 22-K/PMT.II/AD/II/2022 is in accordance with article 172 Paragraph (1) of Law Number 31 of 1997 On Military Justice. This research is normative legal research that is descriptive analysis. Using primary legal materials and secondary legal materials. With an empirical juridical approach. The types and sources of legal materials used are primary legal materials and secondary legal materials. Legal material collection techniques are primary data and secondary data. The legal material analysis technique uses an inductive qualitative method. The research results show that efforts to prove the criminal act of premeditated murder have used valid evidence in accordance with Article 172 Paragraph (1) of Law Number 31 of 1997 concerning Military Justice, namely Witness Statements, Expert Statements, Defendant Statements, Letters.
Pembatalan Pailit Yayasan Rumah Sakit Sandi Karsa (Studi Kasus Putusan Mahkamah Agung Nomor 1262 K/Pdt.Sus-Pailit/2022) Tiffani Rimandita; Ariawan Gunadi
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.v6i2.1396

Abstract

Decision Number 1262 K/Pdt.Sus-Bankruptcy/2022 has sparked a discourse on the appropriateness of the Judges' Panel granting specificity to the Sandi Karsa Hospital Foundation to annul its bankruptcy declaration, as it operates in the management of hospitals. In essence, bankruptcy laws and PKPU (Penyelesaian Kepailitan dan PKPU) apply universally to all debtors, regardless of their business entity status operating in specific fields. The legal considerations of the judge state that creditors, in reality, intended to declare the debtor bankrupt without taking into account the debtor's proposed peace plan. This consideration becomes an interesting issue, as the acceptance or rejection of a debtor's proposed peace plan is the right of the creditor. The researcher will address the legal issues surrounding Decision Number 1262 K/Pdt.Sus-Bankruptcy/2022 using a normative juridical method. The author seeks answers to these legal issues based on norms, legal perspectives, or legislation. This legislative approach is employed by the researcher to examine legal regulations and other legal provisions related to insurance to address the issue. The application of specific bankruptcy conditions to the Sandi Karsa Hospital Foundation, as reviewed in Supreme Court Decision Number 1262 K/Pdt.Sus-Bankruptcy/2022, is deemed imprecise because the bankruptcy conditions under the Bankruptcy Law and PKPU apply generally and do not provide specificity to individuals or corporations, including legal entities and non-legal entities in liquidation. The voting rights of creditors during the discussion of a proposed peace plan are utilized with consideration for the principle of business continuity for the debtor. These voting rights are a realization of rational considerations and reflect the creditors' intentions toward the peace plan proposed by the debtor.
Upaya Penegakan Hukum Terhadap Pengguna Jasa dalam Praktik Prostitusi di Jakarta Rayneld K Vidontha Kaban; Hery Firmansya
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.v6i2.1397

Abstract

Law enforcement in criminal acts of prostitution in Indonesia is contained in various laws, both in the Criminal Code and the Pornography Law, where the penalties incurred/present for criminal acts related to prostitution are deemed disproportionate, only burdening prostitution service providers. and prostitution itself. This research uses normative-empirical legal research. Currently, law enforcement against users of prostitution services can only occur if the person is/has been married, while law enforcement against service providers and prostitution itself does not have similar conditions, so that there is no proportionality in the offenses related to prostitution itself, so that does not reflect a sense of justice for those involved, and there is no strict prohibition and punitive sanctions that can clearly threaten perpetrators who use prostitution services.
Efektivitas Ketentuan Pasal 2 UUPerkawinan Tentang Perkawinan Beda Agama di Indonesia (Studi Kasus Perkawinan Beda Agama di Indonesia) Leony Valentina Lessnussa; 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.v6i2.1398

Abstract

The legitimate of a marriage is clearly stated in the Marriage Law No.1 1974 in article 2, it is declared valid if it is carried out according to the laws of each religion and belief and must be recorded according to the applicable laws and regulations, but then there are other rules contained in the Administration Law No.23 2006 Article 35 states that marriages that occur because of differences in religion are still recorded in the civil registry. This research uses normative (doctrinal) methods. Meanwhile, there are problems related to the legal status arising from interfaith marriages which are registered based on court decisions, so that it becomes a legal issue, but currently the Supreme Court has issued a circular stating that judges in adjudicating such matters will not do so. grant the application for marriage registration submitted at a later day.
Peran Hak Tanggungan dalam Pengelolaan Jangka Waktu Hak Guna Bangunan: Suatu Tinjauan Hukum Prasidya Mohammad; Gunardi Lie
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.v6i2.1399

Abstract

This research explores the role of mortgage rights in the context of managing the duration of building usage rights, with an emphasis on property law aspects. Utilizing a legal review approach, an analysis was conducted on the implications of mortgage rights on the expiration of building usage rights and their impact on property. The study identifies that mortgage rights play a crucial role in influencing the continuity of the duration of building usage rights, while conflicts of interest and the impact of regulatory changes become significant focuses in the dynamics of the relationship between these two rights. The conclusion emphasizes the need for a deep understanding of the role of mortgage rights in the sustainability of building usage rights, the handling of conflicts of interest, and adaptation to regulatory changes in the property law environment.
Kedudukan Hukum Akta Pengikatan Jual Beli Sebagai Jaminan Hutang-Piutang (Studi Kasus Putusan Pengadilan No. 19/PDT.G/2020/PN GPR) Dyana Safitri Juliani
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.v6i2.1400

Abstract

For parties who will enter into a debt and credit agreement that uses land rights certificates as collateral, it must be done with a mortgage right, not using a deed of Sale and Purchase Agreement. The problem in this research is to discuss the legal position of the Sale Purchase Bond Deed used as a debt and credit agreement based on Decision No. 19/PDT.G/2020/PN GPR. This research uses doctrinal research methods. The result of this research is that the position of the Sale and Purchase Agreement (PPJB) binding deed made for debt and credit settlement has violated the rule of law which contains a false and forbidden cause and is a form of legal smuggling as if there was a transfer in the form of a sale and purchase by violating the law by making a document in the form of a PPJB deed made notarially so that the position of the PPJB made for debt and credit settlement does not have legal force.
Larangan Menikah Bagi Pemilik Salmon Patch Perspektif Hukum Islam (Studi Kasus Desa Ledong Timur Kecamatan Aek Kuasan Kabupaten Asahan) Wiranu Abdi Nata; Muhammad Mahmud Nasution
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.v6i2.1401

Abstract

Marriage is an act that is regulated in such a way in the provisions of Islamic law, in marriage there are pillars and conditions of marriage that must be fulfilled by every prospective bride and groom, both male and female, so that in society there are usually special prohibitions or criteria for each prospective bride and groom. . As happened in Ledong Timur Village, Aek Kuasan District, Asahan Regency, the local community believed that there was a prohibition on marrying salmon patch owners, so this attracted the attention of the author to research more deeply into why this prohibition existed and what the local ulama's views were regarding this matter. This research is qualitative research with an empirical judicial approach and the type of approach uses case studies or field studies which are usually called library research. The results of this research show that people forbid marrying salmon patch owners because they are afraid that the salmon patch owner will die in a short time. Ulama in Asahan Regency also confirmed that there was a ban in the community of East Ledong Village, however several ulama who were sources did not agree with the community's opinion regarding the ban, because for them the prohibition against marrying someone was only in Q.S An-Nisa 23-24 and Salmon patch hose is not contagious and dangerous, so both men and women can marry it.
Bimbingan Pasca Rehab oleh Pembimbing Kemasyarakatan Terhadap Klien Anak Kasus Narkotika dengan Metode BPSS (Biologik, Psikologi, Spritual, dan Sosial) Banias Sariadi; Asep Herman
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.v6i2.1402

Abstract

Children are the asset and future of the struggle of nations to realize their ideals. As part of the younger generation, children have a very important role and have special characteristics. However, in everyday life, children are often found involved in legal issues or cases, especially drug criminal law. Behavioral deviations, such as drug addicts, are basically victims of drug abuse. Method: In accordance with Article 11 of the 2012 Law on the Protection of Children from Domestic Violence (UU SPPA), a child subject to domestic violence is defined as an infant who is considered to be in conflict with the law, a child who becomes a victim of domestic violence, and a child who becomes a victim of domestic violence. Findings: In accordance with the mandate stipulated in Law No. 12 of 1995 on Conservation, for prisoners who commit a crime of drug abuse, rehabilitation is mandatory. Once the prisoners are released, they will become clients of the organization and undergo guidance at the Bapas. Conclusion: The eradication of drug abuse has become a state effort to create generations of clean and drug-free nations. At the moment, the Indonesian government has established the problem of narcotics abuse as a very serious problem.
Analisis Penerapan Peraturan Komisi Pemberantasan Korupsi Nomor 1 Tahun 2021 dalam Kasus Pemberhentian 57 Pegawai KPK yang Tidak Lolos Tes Wawasan Kebangsaan Tania Putri Anhary
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.v6i2.1404

Abstract

Analysis of the Corruption Eradication Commission Regulation Number 1 of 2021 concerning the dismissal of 57 KPK employees who did not pass the National Insight Test violates the Corruption Eradication Commission Regulation No. 1 of 2021, there are 2 reasons underlying this, the first is that the employees were dismissed because they did not pass the National Insight Test alone, even though the President stated that the National Insight Test was not used as a basis for dismissing Corruption Eradication Commission employees. Secondly, the dismissal was carried out by KPK Chairman Firli Bahuri, which should be according to Article 5 in the Corruption Eradication Commission Regulation Number 1 of 2021, the dismissal is carried out by the government, which in this case is President Joko Widodo.Problems related to the dismissal of 57 KPK employees who did not pass the National Insight Test based on the concept of authority regarding resolving all forms of injustice by the ruler to the rights of the people. Because the 57 dismissed employees of the Corruption Eradication Commission felt deprived of the right and opportunity to submit their right of self-defense because during the trial the decision was rejected and there was no consideration from other institutions except only from the results of the National Insight Test.The research was collected using the literature study method (library research). The data collected was then analyzed using descriptive analysis techniques arranged systematically so that it becomes concrete data regarding the analysis of Corruption Eradication Commission Regulation Number 1 of 2021 concerning the dismissal of 57 Corruption Eradication Commission employees who did not pass the National Insight Test.
Jaminan Hak Asasi Manusia Bagi Pekerja Rumah Tangga Melalui Perjanjian Kerja Alia Farhana; Rasji Rasji
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.v6i2.1405

Abstract

One of the issues faced by domestic workers (PRT) is the lack of attention to Human Rights Assurance (HAM). This problem is evident from the fact that the Manpower Law No. 13 of 2003 does not cover domestic workers, resulting in them not receiving the protection they should have as laborers. The relationship between domestic workers and employers is informal, so there is no legal regulation governing this relationship. The aim of this research is to explore how Human Rights Assurance for Domestic Workers can be realized through Employment Agreements in Surabaya. This study uses a qualitative approach and is conducted in the West Surabaya region. The research subjects involve part-time and non-residential domestic workers. Data is collected through literature review and in-depth interviews. The results show that employment agreements for domestic workers are often neglected, and legal protection for the rights and obligations of domestic workers still needs to be strengthened. This is intended to ensure the basic rights of domestic workers and to ensure equal opportunities and treatment without discrimination, in order to improve the welfare of domestic workers and their families.

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