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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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Pandangan Yuridis Terhadap Perdagangan Barang Bekas yang di Hubungkan dengan Peratuan Perlindungan Konsumen Mahmudi, Afrizal; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1858

Abstract

This study reviews the legal perspective on the sale of second-hand goods in thrift markets in the city of Bandung, based on Law No. 7 of 2014 concernings Trades and Law No. 8 of 1999 concerning Consumers Protection. A combined empirical and normative juridical approach is used with diverse data. The focus of the research is on consumer protection in purchasing second-hand clothing and the responsibilitys of businesses for the products they sell. According to Law No. 8 of 1999 on Consumer Protection, the government is responsible for supervision and guidance to protect consumers, while businesses are responsible for ensuring the safety and quality of the products offered. This research faces data limitations but provides valuable contributions to understanding the trade of second-hand goods and lays the groundwork for further policy discussions. Future research could focus on implementing laws in the trade of second-hand goods in various regions, both in thrift and online markets, for a deeper understanding of their application. This study holds significant originality in enriching understanding of the law, second-hand trade, and consumer protection, and contributes positively to the development of a fair and sustainable society.
Akibat Hukum dan Keabsahan Dari Akta Jual – Beli yang Dibuat Diatas Perjanjian Jual – Beli yang dilakukan Seolah-Olah (Studi Kasus Putusan di Pengadilan Negeri Kudus Nomor: 13/Pdt.G/2016/PN.Kds) Puspa Hartanto, Adinda; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1860

Abstract

Humans are social beings who have interests that they want to achieve. When an interest cannot be fulfilled, he will try to find someone who can fulfill his interests which will meet the interests of the other party which brings a good reciprocal effect, so an agreement is made. In order for there to be legal certainty in the agreement, the making of the agreement is carried out before a Notary. Notary is one of the officials who has the authority to make documents in the form of authentic deeds which are written evidence that has strong and absolute evidentiary power where if the parties do not recognize the authentic deed, both parties must provide evidence that denies the deed in accordance with what is written in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions. Even though there is a governing law, we still often find Notaries who commit several violations that cause losses to clients as happened in one of the Holy District Court Decisions Number: 13 / Pdt.G / 2016 / PN.Kds where Notaries make Sale and Purchase Agreements as if and without an agreement between the two parties
Penetapan Peraturan Pemerintah Pengganti Undang-Undang di Dewan Perwakilan Rakyat Pada Masa Reses Nisfu Ramadhan, Farhan Adhitiya; Perdana, Surya
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1861

Abstract

This research discusses government regulations in lieu of laws in the people's representative council during the recess. Through a juridical approach, this research explores the constitutional basis, time period and stipulation of government regulations in lieu of law for the people's representative council during the recess. The results of the research show that there is no provision for a time period for enacting government regulations in lieu of laws depending on "matters of urgency".
Sinkronisasi UUPA Terhadap Peraturan Perundang-Undangan di Bidang Penetapan dan Penggunaan Hak Atas Tanah Tuharea, Farida; Sari, Liani; Kurnia Katjong, Revie; Irsan, Irsan; Tuhumury, Harry A.; Nurlia Mamonto, Andi Annisa
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1862

Abstract

In achieving what is emphasized in article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is neither necessary nor appropriate for the Indonesian people or the State to act as land owners, it is more appropriate if the State, as the power organization of the entire people (nation) acts as the Body. Ruler. It is from this angle that we must look at the meaning of the provisions in article 2 paragraph 1 of the UUPA which states that "Earth, water and space, including the natural wealth contained therein, are at the highest level controlled by the State". In accordance with the principles stated above, the word "controlled" in this article does not mean "owned", but is an understanding, which gives authority to the State, as the ruling organization of the Indonesian Nation, to at the highest level regulate and carry out the allocation, use , provision and maintenance thereof, determines and regulates the rights that can be had over (part of) the earth, water and space, determines and regulates legal relationships between people and legal actions concerning earth, water and space. Understanding the concept of the meaning and substance of the state's right to control land is important to straighten out existing authority in the form of regulating, administering/managing and supervising to avoid confusion and arbitrariness. The right to control from the state is "the term given by the UUPA to legal institutions and the concrete legal relationship between the state and Indonesian land
Dualisme Pengaturan Perkawinan Beda Agama Assyifa Rachmat, Lavita; Ahmad Yani, Encep
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1863

Abstract

This research was motivated by the marriage of couples with different beliefs, called interfaith marriages. This type of marriage was originally permitted based on Law Number 24 of 2013, amendment to Law Number 23 of 2006 concerning Population Administration, then it was not permitted (prohibited) based on the Supreme Court Circular. (SEMA) Number 2 of 2023. The aim of this research is to determine the dualism of interfaith marriage arrangements. This research uses descriptive analytical methods with a normative juridical approach. The research results show that this inconsistency occurs because it is explicitly stated in Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and Article 44 of the Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Compilation of Islamic Law which states that marriage between different religions is prohibited. The Surabaya District Court has decided case No.916/Pdt.P/2022/PN.Sby and has been confirmed by Supreme Court Decision Number 1400K/PDT/1986, the essence of the decision is to allow interfaith marriage between Rizal Adikara who adheres to Islam and Eka Debora Sidauruk who adheres to Christianity. The results of the research concluded that after the Supreme Court Circular Letter (SEMA) Number 2 of 2023, all interfaith marriages were prohibited.
Analisis Putusan Kumulasi Perkara Perceraian Dan Harta Bersama Di Hubungkan Dengan Undang-Undang Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas Undang-Undang Nomor 7 Tahun 1989 Tentang Peradilan Agama Nabila, Gina; Bunyamin, Bunyamin
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1864

Abstract

This research is motivated by the fact that resolving disputes regarding joint property in the household which can no longer be maintained is to resolve them peacefully by making a deed of agreement between the disputing parties, that would be better and fair. The purpose of this research is to determine the analysis of cumulative decisions on divorce cases and joint property linked to Law Number 50 of 2009 concerning amendments to Law Number 7 of 1989 concerning Religious Courts. This research uses descriptive analytical methods with a normative juridical approach. The results of the research show that after developing resources, infrastructure and technology, the court needs to provide education and training for the parties involved in the lawsuit accumulation process so that they understand the legal process that will be taken in order to increase the quality of management and the ability to analyze appropriately so that errors do not occur so there must be process delays, and most importantly the court must carry out continuous evaluation and revision to create fast, simple and low-cost principles. The entire authority of the Religious Courts is determined by Law Number 50 of 2009 regarding the revision of Law Number 7 of 1989 regarding Religious Courts. Among them are marriage, divorce due to divorce, contested divorce, inheritance, wills, grants, endowments, zakat, infaq, alms, and sharia economics. Regarding what is included in the scope of marriage, the settlement of divorce lawsuits and joint property is included in it, especially in the explanation of points 9 and 10.
Kepastian Hukum Kepemilikan Hak Atas Tanah Pasca Perjanjian Pinjam Nama (Nominee Arrangement) Dianggap Batal Demi Hukum Febrina, Dwi Tiara; Sudiro, Amad
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1865

Abstract

Due to the fast-paced population increase, land, a valuable natural resource, is becoming more and more scarce. A societal crisis could be sparked by land, which is equally susceptible. Consequently, it is critical that the State equitably regulates land ownership. The right to utilize and profit from land is granted to the possessor. Land might have primary or secondary rights, depends on the terms of the agreement between the landowner and the potential secondary right holder. Land rights are transferred through buy and sale agreements. The acquisition of land rights is governed by national land law, which places limitations on foreign nationals. Their ownership rights are not granted; only the right to use the land is. Nominee agreements with Indonesian citizens are used by some foreign nationals to own. To stop foreigners from gaining control, the Indonesian government gives priority to land owned by Indonesian nationals. Criminals also conceal assets through the employment of nominees. Therefore, Indonesian law forbids foreign nationals from owning land. Under the guise of Indonesian citizens, foreign nationals can lawfully smuggle land into Indonesia through nominee arrangements. An agreement between a foreign national and an Indonesian national is involved in this.
Pengawasan Perdagangan Ilegal Terhadap Trenggiling oleh Balai Konservasi Sumber Daya Alam Sumatera Barat Aulia Khairi, Fidela; Syofiarti, Syofiarti; Andora, Hengki
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1870

Abstract

The Natural Resources Conservation Agency (BKSDA) has one function, namely monitoring the illegal trade in wild animals, especially protected wild animals. The implementation of monitoring of illegal trade in protected wild animals by the West Sumatra BKSDA aims to protect protected wild animals from the danger of extinction and prevent trade in protected animals. However, the implementation of this function has not gone well, judging from temporary observation data showing that there is still a lot of trade in protected wild animals, especially pangolins. So, based on this, the author is interested in conducting research with the title Monitoring the Illegal Trade in Pangolins by the West Sumatra Natural Resources Conservation Agency (BKSDA).
Tinjauan Yuridis Terhadap Kewenangan Kementrian Energi Sumber Daya Mineral Dalam Pelaksanaan Izin Usaha Pertambangan Dikaitkan Dengan Pemanfaatan Mineral Ikutan Berdasarkan Perundang-Undangan Pertambangan di Indonesia Dikaitkan Dengan Asas Manfaat Raissa Hamdani, Kirana; Andersen, Christian
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1871

Abstract

Indonesia is a country with abundant natural resources, especially minerals and coal. The country is among the top 10 largest mining producers in the world. Mineral mining activities, both metal and non-metal, generally produce main minerals and associated minerals. However, the important thing that needs to exist in the granting of mining business licenses is based on the mining object or based on the mining process area. This is what is disputed or ambiguous, especially compared to legislation starting from the law and its derivative regulations. According to article 2 letter e of Law Number 32 of 2009 concerning Environmental Protection and Management, Indonesia's environment must be protected and managed properly based on 14 (fourteen) principles, one of which is the principle of benefit. When associated with the principle of benefits, associated minerals can be a source of benefits because they become a new source of income for local communities. Based on Law 3 of 2020, 10% (ten percent) of the net profit of mining sales in business entities that have a Special Mining Business License (IUPK) is the right of the government, with details of 4% (four percent) for the central government and 6% (six percent) given to local governments. This research uses a type of normative legal research method that focuses on positive law and interviews.
Penyelesaian Sengketa Wanprestasi Sewa-Menyewa Satelit Kemenhan RI Dengan Avanti Communications Secara Arbitrase Ichsan Fadillah, Farhan; Riza, Faisal
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1872

Abstract

This research discusses the resolution of the breach of lease dispute regarding satellite rental between the Ministry of Defense of the Republic of Indonesia and Avanti Communications through international arbitration, with a focus on analyzing the procedures conducted based on relevant regulations. The chosen research method is a normative approach utilizing primary legal sources from literature studies. The research aims to discuss dispute resolution strategies through international arbitration mechanisms in accordance with applicable laws. Arbitration is an option stipulated in a written agreement between parties aimed at resolving disputes outside conventional court processes. In the context of the case between Avanti Communications Limited and the Ministry of Defense of the Republic of Indonesia, it was proven that the Ministry of Defense committed a breach of contract and is required to compensate the losses incurred by Avanti Communications Ltd. The law on damages specifies the details that can be included. There is a potential for the cancellation of a legal agreement due to negligence that leads to a breach of contract, where the cancellation of the agreement can occur if it causes harm to the relevant parties.

Page 147 of 391 | Total Record : 3910

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