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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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Kedudukan Hukum Penguasa Fisik Garapan Terhadap Pihak Ketiga Berdasarkan Sertipikat Marsya Hanifa; Wiwiek Awiati
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.v6i2.1437

Abstract

The dispute over ownership of land rights between PT Sentul City Tbk and 6000 residents of the physical rulers of arable land located in Bojong Koneng Village, Babakan Madang District, Bogor Regency due to claims from PT Sentul City Tbk who claimed to be the owner of land rights based on proof of ownership in the form of Building Use Rights Certificates however, PT Sentul City Tbk itself has never carried out activities on land while there are around 6000 residents who occupy and control physically and have never been raised objections or resistance from any party or from PT Sentul Citty Tbk for more than 50 (fivety) years. The purpose of the study was to find out how the legal position of the physical ruler is cultivated against certified third parties. The research method used is normative, the nature of the research used is descriptive-analytical, the type of data used is primary and secondary data, data analysis is carried out descriptively-qualitatively and quantitatively, and conclusion making is carried out with deductive logic. Ownership of land rights can be proven by the fact of physical control of land parcels for 20 (twenty) consecutive years or more, besides that the holder of a certificate of proof of rights in the form of building use rights is obliged to carry out construction and cultivate his land according to designation and is prohibited from abandoning land, if it occurs, the right to use the building will be erased.
Perwujudan Good Governance Pada Pelayanan Publik Melalui Aplikasi Peduli Lindungi Surya Kurniadi
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.v6i2.1438

Abstract

The provision of public services is the state's effort to fulfill the basic needs and civil rights of every citizen regarding goods, services and administrative services provided by public service providers, so that the effectiveness of a government system is largely determined by the good and bad implementation of public services. In this case, the Preamble to the 1945 Constitution in the 4th paragraph also expressly stated that one of the objectives of the establishment of the Republic of Indonesia was to advance the welfare of society and make the nation's life intelligent. When the Covid-19 pandemic situation occurred in Indonesia, the Government made maximum efforts to overcome the spread of the Sars Covid-19 Virus through the PeduliLindung application, which is a form of the Indonesian government's response to overcome the threat of the Covid-19 pandemic. This application is a form of government presence in issuing public policies and as an instrument for tracking the spread of the Covid-19 virus in Indonesia.
Penjaminan Hak Atas Tanah oleh Penjual yang Objeknya Telah Terikat dalam Perjanjian Tenriana Nur Qalby 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.v6i2.1439

Abstract

The Binding Purchase Agreement (PPJB) occurs when there are conditions of land purchase that have not been fulfilled yet. PPJB provides an opportunity for sellers with ill intentions to sell or pledge their land to a third party outside of PPJB. This is due to the fact that the certificate is still in the seller's name and there is no information available about the land being bound in PPJB. This study addresses two main issues, namely the position of the encumbrance rights on the land that has been sold based on PPJB, and secondly, the legal protection for the buyer in PPJB and the creditor as the party with good intentions. The research method used is doctrinal legal research conducted through document study. The type of research used is explanatory. The results of this research indicate that the imposition of rights over the land by the creditor as the seller in the Binding Purchase Agreement (PPJB), which has been fully paid, can be canceled due to good intentions. Legal protection is provided by stating that the buyer with good intentions is the rightful owner of the disputed land, while for the creditor, the protection given is not to cancel the Encumbrance Rights, but to renew the object of Encumbrance Rights on other assets owned by the debtor.
Kedudukan Harta Bersama dalam Perkawinan Campuran Antara Warga Negara Indonesia dan Warga Negara Asing Annisa Pebrina Harahap; Hening Hapsari Setyorini
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.v6i2.1440

Abstract

Marriage is a form of cooperation between a man and a woman in society under special regulations and this is taken into account by religion, state, and custom. In general, marriage is a process of uniting two different individuals into a husband and wife with the aim of building a household and strengthening brotherhood between families. Marriage not only concerns the individual of husband and wife but also concerns all family and community matters. The definition of marriage based on the provisions of Article 1 of Law Number 1 of 1974 concerning Marriage states that "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the belief in the Almighty God." Marriages can be carried out with different nationalities which are called mixed marriages. Article 57 Law no. 1 of 1974 Mixed Marriage is a marriage between two people who in Indonesia are subject to different laws, due to differences in nationality. The consequences of mixed marriages can have an impact on the status of children and marital assets because each country has its policies regarding mixed marriages and citizenship. In addition to containing matters related to marriage, the Marriage Law regulates marital property. This field is one of the areas of civil law with a sensitive nature and the potential to cause conflict because regulating this field is not as easy as regulating neutral legal fields. The complexity of problems in the area of ​​wealth resulting from mixed marriages, apart from being based on the Marriage Law No. 1 of 1974, also deals with the principles of International Private Law.
Evaluasi Tanggung Jawab Pelaku Usaha Terhadap Perlindungan Konsumen Dilihat dari Perspektif Hukum Pembatalan Penerbangan Irene Patricia Margaretha; Amad Sudiro
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.v6i2.1441

Abstract

This research aims to evaluate the responsibilities of business actors, especially airlines, regarding consumer protection in the context of flight cancellations, with a focus on the legal perspective. Flight cancellations are often a complex issue, raising questions about the rights and obligations of business actors as well as the protection provided to consumers. This research will analyze the legal framework that regulates consumer rights and the responsibilities of business actors regarding flight cancellations. This legal approach will include a review of applicable aviation regulations, air carriage agreements, and consumer protection laws. In addition, this research will evaluate the extent to which the implementation of business actors' responsibilities is in accordance with applicable legal provisions and the impact on consumer protection.
Teori Hukum Tentang Kerugian Negara yang Nyata dan Pasti Ahmadie Azra Isnain
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.v6i2.1442

Abstract

The uncertainty of the interpretation of state losses has created debate between law enforcement officials and legal experts. The lack of a theoretical basis means that the interpretation of state losses can be influenced by legislation made by the authorities. In state losses, it must be carefully emphasized that there is a real and certain state loss, not just an assumption, indication or potential. State finances that are used for the public interest make the flow of money must be supervised by an independent institution so that the Financial Supervisory Agency (BPK) is formed, the audit report on the financial statements of the government or institution will be reported to the House of Representatives as transparency in the audit. BPK as a government agency assigned to assess and calculate state losses, aims to detect deviations from the provisions of laws and regulations, fraud and non-compliance (abuse). BPK's conclusion on state losses can be in the form of mal-administration and unlawful acts. State losses in the exercise of authority, terms and procedures are the substance of administrative actions, while the existence of bribery, coercion, and deception in the presence of unauthorized and unlawful receipts is the substance of criminal acts.
Pembinaan Organisasi , Administrasi, dan Keuangan Pengadilan Pajak Pasca Terbitnya Putusan Mk Nomor: 26/Puu-Xxi/2023 Terhadap Kekuasaan Kehakiman yang Merdeka Fadhlan Taufiqurrahman
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.v6i2.1443

Abstract

Tax court is one way to obtain justice in tax disputes in Indonesia. Prior to the decision of Indonesian Constitutional Court Number: 26/PUU-XXI/2023, the authority to supervise tax court was divided into two separate institutions. Where Supreme Court of Indonesia has the authority over technical development and Ministry of Finance has the authority over organizational, administrative, and financial development of tax court in Indonesia. The division of authority over management of the tax court creates a tendency for dualism in term of development of the tax court. However, with the decision of Indonesian Constitutional Court Number: 26/PUU-XXI/2023 the supervisory authority for tax court is fully transferred to the Supreme Court. This can be a solution to the problem of dualism in the authority of the tax court. The impact of this transfer of authority on the judicial power of the tax court will be the topic of discussion discussed in this paper.
Peran United Nation Environment Programme (UNEP) Sebagai Lembaga Lingkungan Hidup Internasional dalam Pengelolaan Lingkungan Hidup Kamila Insani
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.v6i2.1444

Abstract

This research aims to examine the role and position of international environmental institutions in environmental management. Environmental issues are international issues because they have broad effects, concerning the exploitation of global resources such as oceans and the atmosphere, as well as transnational environmental destruction. The United Nations Environment Programme (UNEP) is an environmental agency of the United Nations (UN) that specifically deals with global environmental issues by actively voicing the enforcement of sustainable development in the world. The research method used in this paper is descriptive analysis method with historical approach and conceptual approach. The results of this study indicate that the UN through UNEP is able to suppress government policies in cooperation activities for the achievement of global environmental protection programs.
Liability For Processing Personal Data At Private Universities Related to Personal Data Protection Based On Indonesian Law Joddy Mulyasetya Putra; 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.v6i2.1445

Abstract

Technological advances are like two sides of a coin that have several conditions that are not only beneficial but need to be aware of the dangers, one of which is data leakage. Data leakage does not always occur intentionally, it can occur due to the negligence of a software itself due to the weakness of its device security system. Personal data is crucial in this era of digitalization, which all of them need, including in educational institutions such as private universities. Foundations and Private Universities have a legal relationship as stipulated in the Foundation Law adjusted to the agreement made by both. Foundations and Private Universities have their respective portions in terms of their duties, functions, authorities, and responsibilities including in the management of personal data if there is a data leak who is the data controller and data processor. The type of research used is doctrinal law through the search for library materials and secondary data consisting of primary documents, secondary legal documents and non-legal documents. The research conducted will later examine the relevant legislation that regulates associated with the legal issues raised whether appropriate or not in its implementation. The results showed that based on the legal relationship, the Foundation as a controller of personal data and the Cooperative as a personal data processor. Both have their respective portions of responsibility and if there is a data leak, the responsibility is borne by the foundation stakeholder as the controller of personal data and the corporation as the beneficiary.
Pembuktian Noodweer Excess pada Tindak Pidana Pembunuhan dalam Studi Putusan Nomor 272/PID/2020/PT PDG Sakila Nur Azahra; Rugun Romaida Hutabarat
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.v6i2.1446

Abstract

Forced defense that goes beyond its limits is included in one of the reasons for abolition of a sentence because it protects oneself, honor and property accompanied by extreme mental shock based on reasons of forgiveness as explained in Article 49 paragraph (2) as happened in Decision Number 272 /PID/2020/PT PDG. The aim is to analyze how to prove noodweer excess in the crime of murder in the study of decision number 272/pid/2020/pt pdg. This writing uses normative or doctrinal legal research, because it uses information sources of norms. As experienced by the defendant Efendi Putra (Decision Number 272/PID/2020/PT PDG) carrying out a defense against himself due to a threat of crime carried out by Adek Firdaus, which Adek Firdaus carried out in the form of throwing a machete which he had hidden in the jacket he was wearing. suddenly so that the defendant carried out self-defense which unexpectedly crossed the line due to extreme mental shock which is a reason for expunging the crime within the excuse of forgiveness (Article 49 paragraph (2))

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