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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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PENGGUNAAN ANJING PELACAK DALAM MENGUNGKAP TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN MATINYA ORANG DI WILAYAH HUKUM POLRES SOLOK SELATAN (Studi tentang Koordinasi antara Penyidik Polres Solok Selatan dengan Direktorat Samapta Polda Sumatera Barat Dala Randi Jumantri
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.189

Abstract

The first step in an investigation itself is to find items in a criminal case which are items indicated as evidence of a crime that was found left behind at the scene of the crime or abbreviated as TKP. In a crime case that resulted in the death of a person, the Animal Unit of the Samapta Bhayangkara Directorate of the West Sumatra Police was asked to provide assistance with sniffer dogs by the South Solok Police Criminal Investigation Unit regarding a serious case that resulted in the death of the victim that occurred in the Solok Police Legal Area. With Police Report No. Pol : LP/138/X/2018/Spkt–Pagu Police, 01 October 2018.
PELAKSANAAN PENGAWASAN TERHADAP PEJABAT PEMBUAT AKTA TANAH OLEH KEPALA KANTOR PERTANAHAN KOTA PADANG Silvia Septriana
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.190

Abstract

The Head of the Land Office supervises PPAT as stipulated in the provisions of the Regulation of the Minister of Agrarian affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 2 Year 2018 concerning the Development and Supervision of Land Deed Officials, article 65 of the Regulation of the Head of the National Land Agency No. 1 of 2006 concerning the implementation provisions of Government Regulation No. 37 of 1998 concerning Land Deed Officials. However, in the practice of PPAT carrying out the task is in accordance with the rules or not in accordance with the rules that have been determined the application of the regulation that is not in accordance with the conditions of the field, because the sanctions have not been enforced so that violations occur, one of which is the unreported monthly report of PPAT to the Head of Padang City Land Office.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM PEREDARAN OBAT DAN MAKANAN TIDAK BERIZIN YANG DIPROMOSIKAN MELALUI MEDIA SOSIAL Charisman Jaya Zai; Parulian Ganda Rumapea; Kartina Pakpahan; Fauzi Iansyah
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.194

Abstract

The state has an obligation to protect, supervise every product that is circulated for consumption by the public. This study aims to identify and analyze the form of legal protection for consumers so that illegal drug and food circulation which is circulated through social media does not occur, analyze the criteria for drugs and food without a distribution permit, and forms of accountability for business actors who commit acts normative juridical research methodology using literature study. The data analysis of this research used a qualitative approach. Law Number 80 of 2017 concerning Drug and Food Control was established to protect the public against any drug product whose registration is not registered based on applicable regulations. Accountability for the distribution of illegal drugs can be subject to criminal sanctions based on Article 196 jo 197 of Law Number 30 of 2009 concerning health if it meets the elements of error and unlawful acts.
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA BERDASARKAN HASIL SIDANG LAPANGAN (Descente) PADA TINDAK PIDANA KORUPSI (Analisis Putusan Nomor : 15/Pid.Sus-TPK/2019/Pn Jmbi dan Putusan Nomor 60/Pid.Sus-TPK/2017/PN.Mdn.) Dudy Sriyono
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.196

Abstract

Field trials or local examinations (descente), there is no normative regulation in the Criminal Procedure Code. Field hearings or local inquiries (descente) are regulated normatively in civil procedural law in Article 153 HIR (Herzeine Inlandsch Reglement). Field hearings (descente) in court proceedings in cases of corruption in the procurement of government goods and services, In case Number 15 / Pid.Sus-TPK / 2019 / Pn Jambi, a field trial was conducted at the location of the object of the case, namely the Tanduk River D.I Irrigation Network, located in Sungai Tanduk Village, Kayu Aro District. Based on the results of the field review by the Panel of Judges, it was evident that the D.I Sungai Tanduk irrigation network was functioning well. The results of the field trial in the judge's decision were used as a consideration for the mitigating circumstances for the defendant. In Decision Number 60 / Pid.Sus-TPK / 2017 / PN.Mdn. a field trial was held in which the Public Prosecutor presented the Auditor and the Legal Counsel for the Defendant to present the Auditor and from the results of the field trial, it was found that state financial losses amounted to IDR 75,522,786.10 (seventy-five million five thousand twenty-two seven hundred eighty-six rupiah ten cents). The judgment of the high court judges regarding the results of the field trials conducted was that the audit results were updated, independent, accepted by both parties and real facts on the ground (real) so that they were used in the verdict. Second, the Power of Evidence Against the Implementation of Field Sessions from these two decisions, it can be seen that field examinations have the same evidentiary power as a trial conducted in a courtroom, namely binding on the judge in making a decision.
PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PERJANJIAN PINJAM MEMINJAM SECARA ONLINE (PEER TO PEER LENDING) DI PLATFORM TANIFUND Asty Thania Dayanty; Chrisnoven Pasaribu; Yeni Syahfitri Sigalingging; Alvines Alvines; Ronald Hasudungan Sianturi
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.198

Abstract

Through P2P Lending, we can invest. The purpose of this research is to analyze the parties responsible for the Loan Facility Distribution Agreement on the TaniFund Platform, along with legal protection for investors. In this research, we used juridical-normative and descriptive research..Theresults ofthis studyare basedon the agreementon theTaniFundplatform, the lender iscategorized as alender where the organizer is not responsible for the risk of borrowing and interest losses due to default of the loan recipient. Legal protection for investors is stated in article14 LawNumber 25of2007 concerning Investment. Based on agreements on the TaniFund platform, lenders can conduct deliberations or sue to the general court inthe eventof adispute with the organizer. Researchers hope that the government can be more optimal in supervising P2PLending platforms in Indonesia, so that organizers do not arbitrarily include the transfer of responsibility in making standard agreements that can harm investors.
PENERAPAN PRINSIP NON DISKRIMINASI KAITANNYA DENGAN KETENTUAN TINGKAT KANDUNGAN DALAM NEGERI DI INDONESIA Violla Brazzy Upoyo; Emmanuel Ariananto Waluyo Adi
UNES Law Review Vol 4 No 1 (2021): UNES LAW REVIEW (September 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.199

Abstract

Countries that are members of the GATT General Agreement on Tariffs and Trade (GATT), including Indonesia, have agreed to apply the principle of non-discrimination in the activities of buying and selling goods between countries. Today's modern products are owned by everyone, namely mobile phones or computers. The product is an attraction to improve the economy of a country. Indonesia, which has ratified the GATT agreement contained in Law Number 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization also has regulations in Law Number 25 of 2017 concerning Investment which regulates the level of domestic content for business actors from abroad who will invest in the sector of selling mobile phone and computer products so that it contradicts the agreed principle of non-discrimination. This paper uses a normative approach with analytical techniques using hermeneutic analysis and interpretation methods. The author finds that there are no laws and regulations governing the exception to the principle of non-discrimination. Keywords: Non-Discrimination, TKDN, Product
EVALUASI TERHADAP PERLINDUNGAN HUKUM PELECEHAN DAN KEKERASAN SEKSUAL PADA ANAK Louisa De Marrilac
UNES Law Review Vol 4 No 1 (2021): UNES LAW REVIEW (September 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.200

Abstract

Sexual harassment and violence in general cannot be separated from the life of the general public. Sexual harassment and violence do not only occur among adults and adults, but also among children who are underage (<18 years). Violence and sexual abuse of children is still common among the general public. Violence and sexual harassment are not only experienced by girls in general, but also experienced by boys (pedophilia). Sexual violence and abuse in children is still common, allegedly because it is abuse and misuse by adults. Children are often easy targets for pedophiles because children still don't understand what the deceptions of pedophiles are. Perpetrators of sexual harassment and violence assume that minors are still relatively innocent and the possibility of reporting to the police is very small because they are afraid of threats from the perpetrators. The writing of this journal is intended to better see and evaluate the urgency of existing legal arrangements whether they are in accordance with their relevance and can guarantee legal protection for minors. Journal writing is carried out using a normative approach, namely research conducted by examining library materials and normative legal regulations.
TINJAUN YURIDIS PENERAPAN DELIK PERCOBAAN PADA PUTUSAN NOMOR 200/PID.B/2018/PENGADILAN GUNUNG SITOLI Reynaldi Santoso; Amar Taufiq; Sandro Oktora Tampubolon; Bintang Fahraji; Rizki Rizki
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.201

Abstract

Attempted murder is one of the crimes. Attempted murder has been regulated in Article 338 in conjunction with Article 53 of the Criminal Code. The formulation of the problem raised is how to apply a criminal offense in the case of attempted murder, and how the judge's consideration in the decision Number : 200/serious crime/2018/District Court/Gunungsitoli, the type of research used in this study is normative juridical with the use of a qualitative approach, data collection techniques in this study use document studies by analyzing secondary data sources and drawing conclusions deductively, begin van uitvoering is explained as the beginning of the implementation in an attempt to commit a criminal offense, which is where the act can be interpreted as an act of execution, when someone commits one of the elements of a criminal offense, and if the person has not committed one of these elements, then the action can be said to be just a preparatory act, judge’s consideration in decision number 200/Pid.b/2018/PN.Gst. that impose punishment on the perpetrator based on article 338 in conjuction with Article 53 Paragraph (1) The Criminal Code on attempted murder which the judge has corrected sentenced him to 5 years in prison.
PENGATURAN PENGAWASAN LALU LINTAS BARANG KENA CUKAI PADA KAWASAN PERDAGANGAN BEBAS (Studi Pencabutan Fasilitas Cukai Pada Kawasan Perdagangan Bebas) Arif Budiman
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i4.202

Abstract

Based on Article 17 section (2) of Government Regulation Number 10 of 2012 Excisable Goods in Free Trade Zone (FTZ) can be granted exemption. However, after the issuance of Government Regulation Number 41 of 2021 the duty-free facility is revoked, the Excisable Goods in FTZ is charged to excise duty. Formulation of the problem in this thesis is how to regulate and supervise the excisable goods traffic at the FTZ and how to implicate the juridical of the official note issued by the Director General of Customs and Excise regarding the Revocation of Duty-Free Facilities at the FTZ. This is a legal research with descriptive specifications. The approach used is a normative juridical approach. It is used secondary data collected through literature research and analyzed the data qualitatively to be presented in a qualitative descriptive form. Based on the results of the study, it is known that the Regulation of the Traffic of Excisable Goods at the FTZ in Indonesia before the Memorandum of the Directorate General of Customs and Excise number 466/BC/2019 used the CK-FTZ document. Following the Government Regulation Number 41 of 2021, the arrangement was the same as the excise document in other customs areas. The supervision of the traffic of excisable goods at the FTZ in Indonesia carried out by DJBC is a form of prevention and repressive (action). The Juridical Implications of the Official Memorandum number ND-466/BC/2019 revoke the duty-free facility at the FTZ indirectly. Government Regulation Number 41 of 2021 has been issued to answer the Official Memorandum, but it is necessary to review it if it is related to the above regulation, Law Number 44 of 2007 so that in the formation of a legislation in accordance with the hierarchy and in line "lex superior" principle. derogat legi inferior".
KEWENANGAN CAMAT DALAM PEMBERDAYAAN PEMERINTAH NAGARI DI KECAMATAN SULIKI KABUPATEN LIMA PULUH KOTA Ricky Edwar; Otong Rosadi
UNES Law Review Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.203

Abstract

Law Number 23 of 2014 concerning Regional Government mandates the District Government to provide guidance and empowerment to the Village / Nagari Government through the Regional Apparatus / Camat organization. Article 226 paragraph (1) of Law Number 23 of 2014 concerning Regional Government states that in addition to carrying out the tasks referred to in article 25 paragraph (1) the Camat receives the delegation of part of the Regent / Mayor's authority to carry out part of the government affairs which fall under the authority of the Regency / City. Based on the background of the above thought, the problems discussed are, first, how is the implementation of the Camat's authority in empowering the Nagari government in Suliki District, Lima Puluh Kota Regency? and second, what are the obstacles faced in empowering Nagari government in Suliki District, Lima Puluh Kota district? This research is a descriptive analytical study, with the normative juridical approach as the main approach and the empirical juridical as the support for the main approach. The data collected are secondary data and primary data. Data collection techniques with field studies through interviews for primary data and literature study for secondary data. The data obtained were analyzed qualitatively and presented in descriptive analytical form, which only described how the Camat's authority was exercised, the obstacles faced and the efforts made to overcome obstacles in the implementation of the Camat's authority in empowering the Nagari Government in Suliki District, Lima Puluh Kota Regency. Based on the results of research and discussion, it can be concluded that Law Number 23 of 2014 concerning Regional Government, Government Regulation Number 17 of 2018 concerning Districts and Regulation of the Regent of Fifty Cities Number 72 of 2016 concerning the Position of the Organizational Structure, Duties and Functions and Administration of the sub-districts has arranged in detail the duties and authorities of the Camat in empowering the Nagari government. However, the fact is that the guidance, empowerment and supervision of the nagari are mostly carried out by sectoral institutions / agencies. This, of course, will indirectly result in a reduction in the authority of the Camat in carrying out activities, especially those concerning Nagari governance. As a result, the control range is too far causing ineffective and inefficient implementation of tasks in the sub-district as well as in the nagari. The obstacles faced by the sub-district head in the process of empowering the village government are the limited and unclear authority which results in unallocated budgets to empower the village government and the lack of coordination between the District Government and the Nagari Government. The effort made by the sub-district head is to continue carrying out his duties in accordance with the Regulation of the Regent of Fifty Cities Number 72 of 2016 concerning 2016 concerning the Position of the Organizational Structure, Duties and Functions and Work Procedures of the sub-districts

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