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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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EFEKTIVITAS PENERAPAN CUSTOMER DUE DILLIGENCE PADA NASABAH BPR DALAM PENCEGAHAN PENCUCIAN UANG DI BATAM Leslyn Kho; Tantimin Tantimin
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.251

Abstract

Banks are financial institutions that are quite needed by the community. Banks are characterized as insufficient domestic resources of domestic enterprises, low degree of structural transformation, inefficient government support, lack of policies to stimulate investors, imperfect legislative framework, high credit risk, associated with insufficient solvency of enterprises, underdevelopment of innovation and investment infrastructure. With the ease of facilities provided by banks, including the confidentiality of transactions, it is not surprising that many experienced actors use banking as a medium for money laundering. Even so, banks also have ways to prevent these criminal acts, one of which is through Cuctomer Due Dilligence (hereinafter abbreviated as CDD). This research method is carried out using empirical research methods with the research location being BPR in Batam. The results showed that at BPR Batam, CDD was carried out by updating data every 1 (one) year for customers with low to moderate risk. Meanwhile for high risk customers, CDD is conducted every 6 (six) months. The application of CDD at BPR Batam has proven to be effective in preventing money laundering practices. Regular updates allow banks to monitor each customer and their transactions. The effectiveness of the implementation of CDD is proven because there has never been any money laundering practice committed by customers at BPR Batam.
TINJAUAN YURIDIS ATAS SENGKETA KEPEMILIKAN TANAH DI DESA PEMATANG JOHAR, KECAMATAN LABUAN DELI KABUPATEN DELI SERDANG (STUDI KASUS PUTUSAN PN NO.112/PDT.G/2017/PN.LBP) Said Rizal; Bobby Chayadi; Lineus Fredorico; Tania Novebriani Lase
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.263

Abstract

The importance of soil for human life so it is not surprising if every human being wants to own or control it which results in the emergence of various land problems or land conflicts in Indonesia. Land grabbing cases that have occurred in Indonesia are not something new. The word sequestration itself can be interpreted as: the act of taking rights or property arbitrarily or with not heeding laws and regulations, such as occupying land or houses others, to which they are not entitled. Land grabbing action illegal is an act that is against the law under civil law. The objectives of this study are (1) How to regulate ownership disputes land based on the Civil Code Law, (2) What are the considerations? judges in land ownership disputes in PN No.112/Pdt.G/2017/PN Lbp. Normative juridical research is defined as research law that puts the law as a building system of norms. Sources of data used in this study sourced from primary data and secondary data. This study uses data collection techniques in the form of documentation studies by only analyzing written legal materials. Analysis the data in this study using data analysis research methods qualitative. The results of this study are, Dispute Arrangements Land Ownership Based on the Civil Code, for rights property is arranged in Article 16 of Law No. 5 of 1960 concerning The Basic Agrarian Law concerning hereditary rights, the strongest and most fulfilled and Article 1866 of the Civil Code as well as Article 23 and Article 24 of PP 24/1997 which regulates the proof of land rights for the purposes of registration of land rights. The judge's consideration in deciding that it is true that there has been land grabbing by the Defendant I over the land the inheritance of the plaintiff's parents is due to the evidence of an act, the act is against the law, there is a loss caused by actions taken and it has been proven that there has been a transfer of land rights.
ANALISIS DUGAAN PRAKTEK JUAL RUGI PRODUK IMPOR MELALUI SITUS E-COMMERCE SHOPEE Adinda Suci Rahayu; Suherman Suherman
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.264

Abstract

Technology that is increasingly developing brings about a variety of changes in people's lives, one of which is in the trade sector. The changes in the trade sector have been marked by the advent of e-commerce, which has greatly benefited the community in terms of facilitating buying and selling transactions. Unfortunately, this change has also created some problems related to business competition, such as the alleged of predatory pricing by imported products on the e-commerce site Shopee, as described in Article 20 No. 5 of 1999 regarding Prohibition of Monopoly and Unfair Bussiness Practices. The purpose of this study is to determine the truth behind the phenomenon of selling-buying practices and how the measures taken by the Komisi Pengawas Persaingan Usaha (KPPU). Since this is a qualitative study using the normative jurisprudential method, the sources used come from both library data and primary, secondary, and tertiary legal materials. The results of this study state that foreign businesses selling inexpensive imported goods on the e-commerce site Shopee do not practice deficit selling. Despite the prices of the imported products listed are cheaper than the local products, but there are factors that basically affect those prices. In addition, this approach does not satisfy the monopoly factor. Moreover, the first action was taken by the KPPU was to discuss the matter with the government, which has prepared several steps for the future.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN JACKPOT DI WILAYAH KOTA MEDAN Yudarwin Yudarwin; Sahat Martua Sn; Ruthea Nazara; Theresia Sipahutar
UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.267

Abstract

Gambling is betting an amount of money where the winner gets the bet money, as a form of game that is profitable for the main participants, and also all kinds of bets where those involved are not directly involved in the competition, including all kinds of other bets. Gambling is one of the criminal acts in Indonesia that is very disturbing to the public and needs to be eradicated more deeply. Nowadays, jackpot gambling is very common. Where the players range from adults, teenagers and minors, to women. Gambling no longer looks at age and gender. What's more, there are those who make this jackpot gambling their main livelihood. Therefore, the author wants to discuss more deeply about jackpot gambling. The author would like to study further about the crime of jackpot gambling with the title Thesis: "LAW ENFORCEMENT AGAINST THE CRIMINAL ACT OF JACKPOT GAMING IN THE CITY AREA". The purpose of this study is to find out how law enforcement against jackpot gambling crimes in the Medan city area according to article 303 of the Criminal Code and to find out what factors influence/cause the occurrence of gambling crimes among the community.
ANALISI PUTUSAN NOMOR 959/Pdt.P/2020/PN. Bdg. TENTANG PERKAWINAN BEDA AGAMAANALISI PUTUSAN NOMOR 959/Pdt.P/2020/PN. Bdg. TENTANG PERKAWINAN BEDA AGAMA Berlian Ananda; Rizki Rizki; Dandi Bangun
UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.269

Abstract

Basically, humans were created to live in pairs or to marry, namely men and women. In Indonesia there are various ethnic groups, races and religions. These differences will affect the marriage between men and women that will be carried out. In fact, it has become a common thing if there are parties who carry out interfaith marriages. The rules regarding marriage are regulated in Law no. 1 of 1974 concerning Marriage. However, these regulations are not explicitly regulated regarding marriages of different religions. The purpose of this study is to understand the arrangement of judges in interfaith marriages, understand the judge's considerations in the decision Number 959/Pdt.P/2020/PN. cf. and to understand the legal consequences that will occur. This research uses a normative juridical system. The data sources used are secondary data by processing data from primary legal materials and secondary legal materials. In the form of laws, books on civil procedural law, opinions of legal experts and theses. The results of this study are interfaith marriages which are recognized by state law if they carry out civil registration, contained in Article 37 of the Law on Population Administration, but are not legal according to religion. Parties of different religions cannot carry out marriages based on the ordinance of religious marriages, there are religious differences.
IMPLICATIONS OF IMPLEMENTING EDUCATION AND LEARNING IN HIGHER EDUCATION INSTITUTIONS POST COVID-19: OVERVIEW OF CHALLENGES AND STRATEGIC POLICIES Baso Iping
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.272

Abstract

This study aims to find out how the challenges of higher education institutions are after the Covid-19 pandemic and what are the strategic policies of higher education institutions in the implementation of post-covid-19 education and learning. The method used is descriptive method and the data collection method is through field research and literature. The data were then analyzed descriptively qualitatively. The results obtained: First, the challenges of higher education institutions after the Covid 19 pandemic are: (a) Closing of educational institutions; (b) Creation of learning materials or content; (c) The level of achievement of learning targets is not optimal; (d) The online lecture system has not been fully followed by adequate lecturer capacity; and (e) The transformation of digital learning also has the effect of fatigue conditions and increased stress. Second, various strategies for educational institutions after the Covid-19 pandemic are: (a) Lecturers and students must improve internet and computer literacy skills; (b) Redefining learning outcomes: (c) Lecturers must ensure the readiness of lecture materials with perspective; (d) Determine the duration of each learning unit: (e) Assessment in the form of quizzes and independent assignments must be ready; and (f) Campuses must prepare sufficient infrastructure and bandwidth.
PENERAPAN PRINSIP KEADILAN RESTORATIF DALAM PENYIDIKAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK PADA PONDOK PESANTREN NURUL IKHLAS (Studi Kasus Pada Unit PPA Polres Padang Panjang) Cepi Noval
UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.273

Abstract

The obligation of restorative justice in children's cases is a necessity for investigators. This is confirmed in Article 5 of the SPPA Law. However, in its implementation it encountered challenges, especially at the investigation level, such as the case of the persecution that occurred at the Nurul Ikhlas Islamic Boarding School as reported by the police report LP/05/II/SPKT II/2019/Sek X Koto. In order to realize restorative action, investigators received a confession from the victim's family. Although the application of the principle of restorative justice is a must for law enforcement in the interests of children, it cannot be denied that there are still weaknesses in its implementation. The application of the principle of restorative justice in the investigation of criminal acts in the police report number LP/05/II/SPKT II/2019/Sek X Koto, investigators apply the principle of restorative justice to the investigation by involving the TP2TPA for legal services. Furthermore, at the investigation stage, they did not detain the perpetrator and approached the victim's family to accept the offer from the child perpetrator even though he received a reply. Obstacles in applying restorative justice at the investigation level consist of juridical constraints, namely: the application of the principles of restorative justice through the diversion model and cannot be applied to all criminal acts, depending on the threat of criminal and not criminal acts and there is a written agreement from the reporting party. Non-juridical constraints are that investigators have not acted as mediators at the time of the dialogue between the parties and the view of restorative justice by the community and the culture that punishment is retaliation for perpetrators of criminal acts is still attached.
TINDAK PIDANA DAN KONSEP HAK ASASI MANUSIA TERHADAP PENJUALAN ORANG (HUMAN TRAFFICKING) TERUTAMA PADA ANAK DAN PERMEPUAN Atanasio Trivaldus Bambar
UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.270

Abstract

Tindak pidana perdagangan orang merupakan merupakan kejahatan yang terorganisir secara sistematis, dimana orang-orang yang termasuk didalamnya memiliki kepentingan-kepentingan secara pribadi dan atau kelompok. Tindak pidana perdagangan orang ini juga dikategorikan sebagai kejahatan yang melanggar HAM seseorang, dimana para pelaku menjajakan orang-orang untuk menjadi pekerja-pekerja yang memberikan keuntungan bagi mereka. Oleh karena itu, kajian yang diangkat ini merupakan langkah yang diharapkan bisa menjadi salah satu cara untuk memberantas tindak pidana perdagangan orang.
PELANGGARAN HAK ASASI MANUSIA PADA DEMONSTRAN KUDETA MYANMAR DITINJAU DARI PERSPEKTIF DEKLARASI UNIVERSAL HAK ASASI MANUSIA (DUHAM) Daud Mahaldi Fernando Tampubolon; Retno Dewi Pulung Sari
UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.271

Abstract

The Myanmar coup repeated itself in 2020 after it occurred in 1990 when Suu Kyi won the general election for the head of government from the NLD party. Triggered military unrest in Myanmar and carried out a leadership coup again, and arrested Suu Kyi for indications of fraud committed when the election will hold. The incident started a demonstration by the community against the Dimyanmar anti-coup was create chaos in the state of Myanmar. There have been many rejections made by the people of Myanmar towards the military intervention carried out at this time. As a result of this refusal, the military did inhuman things, such as arresting and shooting at demonstrators who demonstrated with the gimmick of security measures. They indicate the gross human rights violations that the military is currently confirming. After all, it has committed arbitrary actions against the protester and never underestimated. Hundreds of people get shot, and many are still unknown because they become hostages. On this basis, it is necessary to carry out a comprehensive study of the events that have occurred when there are victims who have fallen. Considering that legally the right to express an opinion is a fundamental right recognized by the ICCPR and DUHAM as the vanguard of the UN's seriousness in carrying out the mandate of recognizing human rights as a right. nature that is recognized and upheld.)
EX ANTE REVIEW MELALUI RISET ETNOGRAFI VIRTUAL DALAM PERSPEKTIF LEGISPRUDENSI DI MASA PANDEMI COVID-19 Davianus Hartoni Edy
UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.274

Abstract

Virtual ethnography is a research method that examines social phenomena based on the dynamics of netizens observed using certain parameters according to the needs of researchers. In the context of drafting laws, virtual ethnography allows legal researchers to observe, assess, and conclude various phenomena that arise in relation to the public's response to a draft law. Ex ante review is an elaboration of the virtual dynamics of society which, when associated with a legislative perspective, can be an important consideration in preventing the birth of bad legislation due to the dominance of the role of the People's Representative Council who fights for forms of legislation on behalf of certain political sects. The increasing number of active internet users, especially those who access social media, allows ethnographic research methodologies to virtually become an important research object for further study.

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