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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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Penyelesaian Sengketa Wanprestasi Debitur Dalam Perjanjian Sewa Menyewa Rental Mobil (Studi Kasus Rent Car Professional) Rahmat Wira Nanda; Mhd. Yadi Harahap
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.v6i2.1447

Abstract

Legal provisions regarding leasing as regulated in article 1548 of the Civil Code which reads "An agreement, by which one party binds himself to provide the enjoyment of an item to another party for a certain time, with the payment of a price that the latter party can afford" , by which one party binds himself to give the other party the enjoyment of an item, for a certain time and payment of a price, which the latter party has agreed to pay. Therefore, a legal relationship arises, namely a vehicle rental agreement. It was then explained that the length of the lease depends on the agreement by both parties as outlined in the contents of the agreement as regulated in Article 1338 paragraph (1) B.W., which reads: "All agreements made legally apply as law for those who make them". Debtor default disputes in car rental rental agreements are examined by the legal relationship between the parties involved. This research uses an empirical juridical legal research approach in analyzing problems that have been formulated by combining both primary and secondary legal materials. The results of this research are to find out further processes in resolving Debtor default disputes in car rental rentals. The designation of the parties in a car rental lease is usually for the renting party to be called the debtor and the renting party as the creditor. If there is a dispute over non-compliance with the rental car rental, this will be done through deliberation/peace (non-litigation) by the creditor and debtor.
Analisis Yuridis Terhadap Tingkat Efisiensi Penyelesaian Perselisihan Hasil Pemilukada oleh MK Iqbal Khastama; Dodi Jaya Wardana
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.v6i2.1448

Abstract

The results of votes obtained in official legislative elections by the KPU often receive unsatisfactory responses from election participants. This was triggered by intent, negligence, technical errors, administrative weaknesses or human error. In order to realize democratic elections, the following principles should be applied; honest; independent; orderly, fair, legal certainty; prioritizing public interests; openness and transparency; proportionality; professionalism; accountability; efficiency; and effectiveness. The Constitutional Court should have credibility and professionalism as a decision maker in election disputes. In 2019, 676 PHPU cases were reported to the Constitutional Court and 1135 other cases related to Kada PHP. UU no. 7 of 2017" has been ratified as a codification of election law, in order to create consistency and legal certainty as well as effective and efficient elections. Brazil, as one of the countries with the title of an effective election system, has an institution called "the Electoral Judges for municipal elections", which can be used as a reference by Indonesia in resolving disputes over regional election results. The method used in this research is normative, with explanatory explanations, using various library sources.
Kajian Hukum Terhadap Status Kepemilikan Tanah di Sulawesi Tenggara Melissa Arifin; Benny Djaja
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.v6i2.1449

Abstract

and has a very significant role and value in human life, which is reflected in the many land conflicts that have existed in various forms and contexts throughout history. This research applies a legal and sociological approach, using an interactive analysis model. The research results show that land conflicts in society are very diverse, including inheritance disputes, grants, and land buying and selling transactions. Factors that trigger land conflicts generally include the high economic value of land, increasing public awareness, increasing population, and the problem of poverty. In general, resolving land conflicts in society can be divided into two approaches, namely through court processes (litigation) and outside the court (non-litigation). Out-of-court settlements that are generally applied by the community include various methods, such as negotiation involving interested parties, mediation involving an independent third party as a mediator, and facilitation involving more than two parties to find a joint solution.
Pandangan Yuridis Terkait Sistem Pengolahan Tanah Kas Desa Mohammad Sigit Gunawan; Siska Karina
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.v6i2.1450

Abstract

This research explores the juridical perspectives related to the village treasury land management system. The primary focus of this study is the analysis of legal aspects associated with the administration of village treasury land, including ownership, utilization, and regulations governing the system. Through a juridical approach, this research delves into the existing regulations, relevant policies, and legal viewpoints influencing the village treasury land management system. By understanding these juridical perspectives, it is anticipated that this study will contribute to the improvement and development of the village treasury land management system in accordance with applicable legal provisions.
Efektivitas Pembuktian Mengenai TPPU Ditinjau Dari UU No. 8 Tahun 2010 Tentang TPPU Yosep Martua Ganda Pangaribuan; Sandro Marihot Marpaung; Reza Ferdiansyah
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.v6i2.1451

Abstract

Corruption and money laundering cases, or Money Laundering Crimes (TPPU), have had significant negative impacts and incurred substantial losses for the country, reaching 138.39 trillion Indonesian Rupiahs from 2012 to 2022. In the efforts to address and uncover corruption and money laundering cases, Law No. 8 of 2010 concerning money laundering serves as the legal foundation for handling corruption cases. One of the processes stipulated in this legislation is the process of proving money laundering and corruption offenses. The evidentiary process plays a crucial role, where the search for evidence in corruption and money laundering cases forms the basis for court proceedings to assess whether the defendants or potential suspects in corruption cases have indeed committed money laundering and corruption offenses. However, the evidentiary process poses challenges due to numerous obstacles, especially when corrupt funds are transferred abroad. Researchers employed a normative juridical research method, utilizing descriptive analysis to assess the effectiveness of proving money laundering according to Law No. 8 of 2010. Based on the research conducted by the researchers, it was found that there are advantages in the law, such as facilitating investigators in obtaining banking data and sharing responsibilities with the Financial Transaction Reports and Analysis Center (PPATK) for analyzing the evidence. However, from a weakness perspective, the law has not provided investigators with the flexibility to seek evidence abroad and remains susceptible to threats
Uji Publik Rancangan Penataan Daerah Pemilihan dan Alokasi Kursi Anggota DPRD Kota Bandung Menjelang Pemilu 2024 Mutiara Indira Yasmin
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.v6i2.1452

Abstract

The 2024 General Election in Indonesia is the main focus of the year's political momentum. The holding of general elections includes various stages, including the Mapping of the Electoral District Plan and the Allocation of Seats for DPRD Members. The formation of electoral districts has the main objective of strengthening political representation and achieving proportionality in accordance with geographical coverage, administrative structure and political dynamics. In preparation for the general election, the Bandung City KPU conducted public tests on the draft three times. This report provides an overview of the implementation of the public test, its results, and the conclusions drawn. The research method used is field study. Public test results show differences of opinion regarding the three electoral district designs. Stakeholders such as academics, community leaders, youth and political parties gave various responses. Public test discussions regarding the design of the Bandung City electoral district reflect the complexity and challenges in achieving adequate agreement. Some political parties and related parties prefer certain designs based on considerations of principle, stability or economics. The conclusion of the public test shows that the majority supports the Electoral District Plan. Nevertheless, all participants expressed their readiness to accept the decision of the Indonesian KPU and maintain the conduciveness of the competition. This public test provides in-depth insight into the dynamics of local politics and the complexity of electoral district structuring in the context of Indonesian democracy.
Perlindungan Hukum Terhadap Korban Penyalahgunaan Data Pribadi (Studi Kasus Penyalahgunaan NIK dalam Proses Pendaftaran Bacaleg di Lampung) Narisa Putri Apriliani; 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.v6i2.1453

Abstract

The misuse of personal data listed in the Population Identification Card (Kartu Tanda Penduduk or KTP) is a recurrent issue in Indonesia, including cases affecting residents of Lampung. Various internet users express dissatisfaction as their National Identification Numbers (Nomor Induk Kependudukan or NIK) are utilized without permission to support Jihan Nurlela, a legislative candidate (Caleg) for the Regional Representative Council of the Republic of Indonesia (Dewan Perwakilan Daerah or DPD RI). Despite the enactment of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP), legal safeguards, whether in a preventive or punitive capacity, remain insufficiently effective. This article aims to scrutinize the issue, specifically examining the legal protection afforded to victims of personal data misuse as stipulated in UU PDP. The focus is directed toward the case of NIK misuse in Lampung, as well as efforts to enhance public awareness regarding personal data protection. The research methodology employed is normative-empirical, involving the examination of data from various sources, including relevant legal provisions, scholarly articles, and brief surveys conducted among the populace to gauge their awareness levels regarding personal data protection. Research findings indicate that legal certainty regarding the protection of victims of personal data misuse is yet to be optimally realized. Public awareness of the importance of personal data protection also remains incomplete due to specific internal and external factors. In the context of the NIK misuse case in the registration of Caleg in Lampung, reinforcement in the legal protection aspect is imperative. Recommendations encompass a call for the evaluation and updating of regulations by relevant governmental and institutional bodies, including the imposition of stricter sanctions for perpetrators of misuse. Additionally, law enforcement mechanisms need strengthening to ensure that every violation of personal data is justly and effectively penalized. To enhance public awareness, collaboration between the government, private sector, and non-profit organizations is advised to intensify educational campaigns.
Implikasi Hukum Perjanjian Nominee Antara Warga Negara Asing dan Warga Negara Indonesia dalam Kepemilikan Tanah Andi Saputra; 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.v6i2.1454

Abstract

This research discusses the nominee agreement in the context of land ownership by foreign nationals in Indonesia. Despite the Agrarian Basic Law explicitly prohibiting foreigners from owning land, the practice of nominee agreements or lending names is still prevalent. The study compares the validity of nominee agreements in Indonesia with other Asian countries such as Thailand, the Philippines, Malaysia, and Singapore. The research findings indicate that Indonesia lacks specific regulations regarding nominee agreements, while other countries have established clear guidelines. Specific legal cases are also examined, including the legal implications for notaries involved in drafting nominee agreements. The study recommends that the Indonesian government enact stricter regulations concerning nominee agreements to prevent illicit legal practices. It is hoped that more stringent sanctions will be imposed on notaries engaged in nominee agreements. Keywords: nominee agreement, land ownership, foreign nationals, Agrarian Basic Law, illicit legal practices.
Penunjukan Gubernur oleh Presiden dalam Wacana RUU Daerah Khusus Jakarta: Kontroversi dan Orientasi Askari Razak
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.v6i2.1455

Abstract

The Special Capital Region of Jakarta Bill has generated controversy regarding the proposal to grant the President the authority to appoint the Governor. Despite concerns about conflicting with regional autonomy, this provision is considered crucial for maintaining the stability of the capital. This research aims to analyze the controversy surrounding the mechanism of the President's appointment of the Governor in the bill and formulate an ideal policy orientation to bridge the interests of the central and local governments. A normative method, utilizing legislative and case law approaches, is employed to examine primary, secondary, and tertiary legal materials, qualitatively analyzing the controversy and policy orientation. The study identifies the controversy arising from Article 10, paragraph (1), allowing the President's direct appointment, potentially undermining citizen participation and democratic principles. To balance central and local government interests, policy orientation can refer to Law No. 23 of 2014, involving direct election of the Governor by the people, with additional conditions and recommendations from the central government. Aligning the Governor of Jakarta's term with the President's and establishing a Jakarta Consideration Council involving both central and local government elements ensures checks and balances. Detailed tasks for the Governor regarding the coordination of national development programs in Jakarta, along with incentives and affirmative policies from the central government, support the region's development as the capital.
Implementasi PERMENKES Nomor 18 Tahun 2020 Terhadap Pengolahan Limbah Medis Rumah Sakit Lisa Lamusul Afiyah
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.v6i2.1456

Abstract

The management of B3 waste resulting from hospital activities that are not in accordance with statutory regulations will certainly cause environmental pollution. One of the regulations related to the application of waste is contained in the Republic of Indonesia Minister of Health Regulation Number 18 of 2020, namely regarding the management of medical waste in area-based health service facilities. In its implementation, there are many cases where medical waste is not managed according to the procedures regulated by law. The normative legal research method concerns related laws. The results of implementation research from the implementation of Minister of Health Regulation No. 18 of 2020 show that medical waste processing in hospitals is still not being implemented well, as evidenced by the findings of 44 cases that occurred after the legalization of this regulation from 2020 to November 2023, the main factor causing B3 waste pollution in managing medical waste is not following procedures in terms of transporting and sorting medical waste. The solution to overcome obstacles is to be firm in both central and regional governments regarding the implementation of articles 9 and 12 of Minister of Health Regulation No. 18 of 2020.

Page 115 of 392 | Total Record : 3918

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