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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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Perempuan Korban Kekerasan Berbasis Gender Online dan Perlindungan Hukumnya Kayus Kayowuan LewoLeba; Mulyadi; Yuliana Yuli Wahyuni
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.v6i2.1596

Abstract

Seeing from the historical side, violence is one of the oldest social problems, which may be as old as human civilization, this is understandable because basically humans are homo homini lupus creatures, referring to the thoughts of the famous philosopher Aristotle, that humans can become wolves for others, can become "cannibals" in the sense that in certain situations humans can commit acts of violence against others both in physical and psychological forms. One form of violence that has been a serious problem for a long time is gender-based violence, especially against vulnerable groups, namely women. The phenomenon of violence against women is a global issue that continues to be discussed in various forums on a domestic, regional and international scale. Gender-based violence does not only target women, but can also occur in several other groups such as men, transgender or LGBT people. However, statistically, it does happen more to women. Gender-based violence targeting women is an act of terror against women that occurs quite a lot in various parts of the world Online Gender-Based Violence (GBV) has become a global phenomenon that is happening along with the progress and increased access to internet-based communication technologies. This research is a normative legal research that is reinforced with primary data to sharpen analysis. The results show that the forms of gender-based violence against women are cyber grooming, cyber harassment, hacking, illegal content, infringement of privacy, threat of personal photo/video distribution (malicious distribution), online defamation, and online recruitment. Legal protection for women victims of online gender-based violence refers to the regulations stipulated in the PKDRT Law, ITE Law, Child Protection Law, Pornography Law and TPKS Bill.
Analisis Perbandingan Badan Hukum Sebagai Direktur Perseroan Terbatas di Britania Raya dan Indonesia Khalid Archie Firdaus
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.v6i2.1597

Abstract

This comparative study examines the regulations and implications of allowing Legal Persons to serve as directors in Limited Liability Companies (LLCs) in the United Kingdom and Indonesia. The legal framework governing LLCs in Indonesia is explored, with a focus on the role of the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. The study highlights the evolution of Indonesian corporate law, influenced by both civil law and common law. In the United Kingdom, the study delves into the Companies Act 2006, which allows for Legal Persons to be appointed as directors alongside Natural Persons. It discusses the history of the concept of separate legal personality and limited liability in company law, drawing parallels between Indonesian and UK legal systems. The research further delves into the prohibition of Corporate Directors in the UK introduced through the Small Business, Enterprise and Employment Act 2015 and examines the reasons for this prohibition, including concerns related to transparency and accountability. The study assesses the status of this prohibition and the proposed exceptions, emphasizing the importance of balancing business efficiency with regulatory safeguards. In conclusion, the study suggests that Indonesia could consider regulations regarding the inclusion of Corporate Directors in LLCs but emphasizes the need for stringent limitations to prevent misuse, opacity, and financial crime. The research highlights the ongoing legislative process in the UK and recommends that Indonesian regulations on Corporate Directors should be tailored to promote efficient business growth while maintaining transparency and accountability.
Hukum Penyalahgunaan Foto Media Sosial Orang Lain Untuk Konten di Tinjau dari Fatwa MUI No 01 Tahun 2005 Tentang HKI (Studi Kasus Kreator Capcut Medan) Mhd. Fakar Arsyika; Abd Rahman 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.v6i2.1598

Abstract

This research aims to analyze the legal implications of the misuse of photos from individuals' social media for content creation, focusing on the perspective of the Indonesian Council of Ulama (MUI) Fatwa No. 1 of 2005 on Intellectual Property Rights. A case study is conducted on Capcut creators in Medan as a representation of this phenomenon. The research methodology involves document analysis and interviews with several Capcut creators. this research, the author chose field research as the primary approach. This approach enables the researcher to approach respondents directly through interviews and observations. Interviews are defined as a verbal question-and-answer process between the researcher and respondents, conducted face-to-face to obtain direct information. In this context, the author conducted interviews with Capcut creators in the city of Medan. The findings indicate that the misuse of social media photos of others for content by Capcut creators in Medan may involve violations of intellectual property rights. MUI Fatwa No. 1 of 2005 provides legal guidance regarding the use of others' content; however, its implementation in the practices of Capcut creators still poses some issues.
Peran Orang Tua Dalam Mengatasi Masalah Kenakalan Remaja Ditinjau Dari UU Nomor 35 Tahun 2014 Tentang Perlindungan Anak (Studi Kasus di Desa Pematang Johar Kecamatan Labuhan Deli) Ahmad Irfan; Akmaluddin Syahputra
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.v6i2.1600

Abstract

Adolescence is a transition period from childhood to adulthood. During this period, many changes occur in teenagers, starting from the physical, knowledge, psychological, and moral and social dimensions. Juvenile delinquency is an act committed by teenagers that violates the laws and norms that apply in society so that it harms their parents, other people, disturbs the peace of society, and harms themselves. This research aims to determine the role of parents in overcoming the problem of juvenile delinquency in terms of Law Number 35 of 2014 concerning child protection in Pematang Johar Village, Labuhan Deli District. This research is a case study using interview, observation and documentation techniques, accompanied by books, journals and other related sources. The results of this research show: that the role of parents in dealing with juvenile delinquency is that parents must be the most important role for children by educating children from an early age by teaching Islamic religious values, for fathers to carry out morning prayers with their children at school. mosque, in the afternoon parents are taking their children to the TPA, sending their children to Islamic boarding schools and youth mosques, in the evening of Muharram parents register their children to take part in competitions at the mosque, send their children to training sports, entering a drug rehabilitation center for those affected by drugs, being a role model for children regarding good words, attitudes and actions at home and outside the home environment, being a counselor or supervisor for children, acting as a good communicator to children, being patient in educate children and always pray so that children become individuals who fear Allah SWT.
Perlindungan Petani Atas Pendistribusian Bibit Tanaman di Padang Lawas Utara Perspektif Maslahah Mursalah Dakkal Sentosa Harahap; Rahmad Efendi
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.v6i2.1601

Abstract

Forms of policy that can be provided to protect Farmers' interests include regulating imports of Agricultural Commodities in accordance with the harvest season and/or domestic consumption needs; providing agricultural production facilities that are timely, of the right quality and at affordable prices for farmers, as well as subsidies for production facilities. The aim of this research is to determine legal protection for farmers who receive distribution of rice seeds in the District. North Padang Lawas, obstacles and efforts. Data analysis in this research uses qualitative analysis with primary data sources obtained from the District Agriculture Service. North Padang Lawas and from the Farmers Group. Based on the research results, the legal concept of protection for farmers is the protection of farmers' rights. In terms of regulations, legal protection for farmers is regulated in Law Number 41 of 2009 concerning Protection of Food Agricultural Land which has been replaced by Law and Law Number 19 of 2013 concerning Protection and Empowerment of Farmers; Legal protection for farmers who receive rice seed distribution facilities in the District. Padang Lawas Utara by facilitating farmers to obtain distribution of rice seeds, such as providing information to farmers about the mechanism for obtaining plant seeds to be distributed. In implementing legal protection for farmers in Kab. In North Padang Lawas there are obstacles, namely regarding the distribution of plant seeds that do not comply with the provisions set by the government and the lack of communication interaction between the district Agriculture Service. North Padang Lawas with farmer groups. Efforts made are to systematically collect data on farmer groups and improve communication with farmer groups.
Dinamika Politik Pasca Amandemen UUD NRI 1945 : Evaluasi Pemakzulan Presiden berdasarkan Putusan Justisil dan Keputusan Politik Warsito; Widodo Budidarmo
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.v6i2.1603

Abstract

The procedure for dismissing the President, which is often referred to as impeachment, is an action that is natural in the presidential system. The demand for the dismissal of the President and Vice President halfway because of government policies that were considered impartial to the people at that time became a controversial act. This is because, after the amendment of the Constitution of the Republic of Indonesia Year 1945 (UUD NRI 1945) regarding the impeachment procedure and mechanism is still quite complicated and does not have a comprehensive regulation regulating the impeachment mechanism of the President and or Vice President. Article 7B of the 1945 NRI Constitution only specifies in general terms the impeachment mechanism for the President. This difficult stage must be motivated because the President has violated the constitution. Therefore, in this study, the author will elaborate in more detail regarding the impeachment mechanism against the President Justisil Verdicts and Political Decisions.
Pandangan Hukum Islam Terhadap Mekanisme Pemanfaatan Tanah Wakaf Masjid Amal Muslimin (Studi Kasus di Kelurahan Medan Tenggara, Kecamatan Medan Denai, Kota Medan) Raiehan Baihaqi; Syafruddin Syam
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.v6i2.1604

Abstract

The presence of waqf land certainly provides many benefits for the community's survival. However, in practice, most waqf land is still used individually or privately by the community. One of them happens to the waqf land located at the Amal Muslimin Mosque in Southeast Medan Village, Medan Denai District, Medan City, where this land is eventually used by local residents for personal interests, they build houses for their residences, until now, which in its utilization, it violates the basic substance of the waqf practice in accordance with Islamic teachings. Land that is waqfed can only be utilized for collective welfare, not personal. So this research aims (1) to find out the law of utilizing waqf land belonging to the Muslim Amal Mosque according to the views of Islamic Law; and (2) The law of utilizing waqf property for individual private interests. To achieve the above objectives, this research uses a normative-empirical method, using references from various books, journals, legislation, observation and interview results, as well as other supporting literacy. The results of this study reveal that using the waqf land of the Amal Muslimin Mosque for personal gain by building houses for local residents to live in is prohibited in the positive law study law and prohibited in Islamic sharia.
Perlindungan Hukum Atas Kehilangan Saldo Pengguna E-Wallet Dana di Tinjau Dari Fatwa DSN MUI No.16/Dsn Mui/Ix/2017 Tentang Uang Elektronik Syariah (Studi Kasus Pengguna E-Wallet Dana di Kecamatan Medan Tembung, Kota Medan) Zahra Kamila; Rahmad Efendi
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.v6i2.1605

Abstract

This research discusses consumer protection against loss of balance for DANA E-Wallet users from the perspective of DSN MUI Fatwa No. 16/DSN-MUI/IX/2017 concerning Sharia Electronic Money. Considering the growth in e-wallet use in Indonesia, especially in Medan Tembung District, Medan City, losing customer balances requires strong protection. The DSN MUI fatwa on sharia electronic money provides guidance regarding the application of sharia principles in the use of electronic money and its implementation. This research uses empirical methodology and focuses on real cases in Medan Tembung District. The research results show that there are several weaknesses in the current legal protection of DANA E-wallet users, especially related to the claim and rescue settlement mechanism. It is hoped that the recommendations from this research can be a consideration for regulators and e-wallet service providers to increase consumer protection, in accordance with sharia principles and existing fatwas.
Aspek Hukum Perlindungan Konsumen Produk Obat-Obatan Berdasarkan Bpom (Kasus Obat Sirop Tercemar Ed/Deg) Syafira Zein
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.v6i2.1609

Abstract

The Indonesian government is implementing regulations to improve public health services, focusing on providing, promoting, and implementing practical health care that is easy for the public to access and maintain. The first goal is to ensure that the public is treated as a consumer with all rights to receive treatment. However, technological advancements and economic development have led to increased demand for health services, particularly in the food sector. In recent years, there have been numerous cases involving children in various health care facilities. The Indonesian Food and Drug Authority (BPOM) has been tasked with ensuring that the food and nutrition services provided to the public are effective and safe. BPOM plays a crucial role in regulating the food and nutrition sector, providing necessary information and services to the public. The study aims to examine the role of BPOM in the food and nutrition sector, focusing on the legal aspects of consumer protection. The research uses a standardized research method to examine the legal norms and standards of food and nutrition products, focusing on the legal aspects of consumer protection. The study also examines the role of the government in implementing the food and nutrition sector in Indonesia. The findings will be used in a descriptive analysis to evaluate the effectiveness of the government's efforts in implementing the food and nutrition sector.
Penerapan Hukum Tilang Elektronik Dikota Medan Perspektif Fiqh Siyasah Z, M Yakub; Firmansyah, Heri
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.v6i2.1610

Abstract

The use of Tilang Elektronik is expected to be effective in achieving the goal of prosecuting traffic violations, even though there is an obstacle, namely that people in Indonesia do not understand the technical aspects. Based on the problems discussed in this journal, the formulation of the problems that will be raised from this research include: 1.) How is the Law Implemented Regarding Electronic Ticketing in Medan City? 2.) How is Fiqh Siayasah's review of electronic e-tickets? Meanwhile the research method used is an empirical research method which is influenced by the doctrine of legal sociology (sociology of law) and sociological legal science (sociological jurisprudence). Empirical research is carried out on research on facts that occur in the field, therefore researchers carry out data collection techniques. In order for the implementation of the electronic ticketing law to work, it is necessary to regulate the law with regulations issued by authorized officials, so that these regulations have a legal dimension that guarantees certainty that the law functions as a regulation that must be obeyed. Based on the description above regarding Siyasah syar'iyah, Electronic Ticketing is included in one of the laws and regulations that can guide humanity to benefit. In this case, these regulations were created to regulate and manage human life in protecting the safety of motorbike users who are used for the benefit of people who use transportation.

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