Unes Law Review
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
Articles
3,910 Documents
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PELAKU PENCURIAN YANG DIHAKIMI OLEH MASYARAKAT MEDAN YANG DAPAT BERAKIBAT KEMATIAN BAGI PELAKU ]]>
<![CDATA[Bua Masro Banjarnahor]]>;
<![CDATA[Yudarwin Yudarwin]]>
<![CDATA[ UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v4i4.275
<![CDATA[Theft is an act where someone takes goods outside their rights without the permission of the owner of the goods, the number of theft cases in Medan has resulted in the action of the main judge himself by the people of Medan against the perpetrators of theft growing. vigilante action is less insurmountable. The level of crime that results in public judgment against the perpetrators of the crime of theft consists of two levels of crime, namely theft which is carried out repeatedly and the theft accompanied by the part or violence, in the second is a part that often occurs why the perpetrators of theft are often persecuted by the public. especially the Medan area of North Sumatra. The importance of legal protection for perpetrators of theft caught red-handed by the people of Medan is not to protect their actions but to protect the human rights that he (the thief) has regulated by the existing law in Indonesia, where the perpetrators have the right to be tried under positive Indonesian law in order to suppress their actions. This vigilante anarchist does not happen again, especially in the Medan area.]]>
<![CDATA[TINJAUAN YURIDIS PEMBAGIAN HARTA GONO-GINI AKIBAT PERCERAIAN DALAM PERSPEKTIF HUKUM PERDATA (Studi Analisa Putusan Nomor 282 K/Pdt/2014) ]]>
<![CDATA[Tasya Aurilya]]>;
<![CDATA[Rudy Hartono]]>
<![CDATA[ UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v4i4.276
<![CDATA[This study aims to find out the distribution of gono-gini assets can be rejected by the judge on divorce decisions, to know that a lawyer in a divorce lawsuit can also be sued, and about the considerations of the panel of judges in deciding the case for the distribution of gono-gini assets due to divorce for the husband. To achieve this goal, this research uses a juridical-normative approach which is carried out based on a review of library materials or secondary data. The type of this research is descriptive analysis, with the type of data consisting of 2 (two), namely primary data and secondary data. While the data analysis technique used in this research is qualitative data analysis technique. The results of the study show that the agreement in marriage regarding the assets of Gono Gini and child custody and other matters obtained in marriage, the author takes the example of a divorce case and the distribution of property which has reached the level of cassation, this agreement is strong evidence especially made before a Notary so that post-divorce is not so difficult to prove about the distribution of property Gono Gini. It should be remembered that the divorce decision does not automatically decide or determine the distribution of marital property in marriage. The application for the distribution of gonorrhea assets can be submitted after the divorce decision has permanent legal force. For a married couple whose marriage is registered with the civil registry office, the lawsuit is submitted to the District Court where the Defendant lives. Divorce is something that often happens in the modern era. After living together for a long time, many couples decide to divorce because of incompatibility in married life. Plus the various problems and pressures that come from here and there. During the divorce process, one thing that cannot be overlooked is the assets of Gono Gini. The division of property is also a very crucial moment and is often debated by the divorced parties.]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM PENYELESAIAN SENGKETA TANAH PUSAKO TINGGI (Analisis Putusan Nomor 32/Pdt.G/2020/PN. Pdg) ]]>
<![CDATA[Devirianti Effendi]]>;
<![CDATA[Yenni Fitria]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v4i4.281
<![CDATA[Inheritance property is anything left by a person who dies whether the property belongs to him or belongs to someone else. According to INPRES No. 1 of 1999 concerning the Compilation of Islamic Law (KHI) article 171 paragraph a Inheritance law is the law that regulates the transfer of ownership rights to the inheritance (tirkah) of the heirs, determining who is entitled to become heirs and how much of each. Socio-economic and cultural changes have shifted people's perspective on the world, including their orientation and views on the Minangkabau social system, touches of modernization with a capitalist economic style. However, it is related to inheritance and property ownership issues, usually assets are inherited by mamak (uncle) to nephews (sisters) or maternally, by pressing economic needs and changing views on property. This makes a conflict or dispute over inheritance, namely the high pusako land in a tribe or tribe in Minang-Kabau. The problems discussed are, first, how is the judge's consideration in resolving the high pusako land dispute? second What are the legal obstacles in the settlement of the high pusako land dispute? The approach method used in this study is the author uses a normative juridical approach to the problem under study, namely the decision Number 32\Pdt G/2020/PN.Pdg.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP KEDUDUKAN ALAT BUKTI ELEKTRONIK BERDASARKAN PUTUSAN MK NOMOR 20/PUU-XIV/2016 ]]>
<![CDATA[I Nengah Ariana]]>
<![CDATA[ UNES Law Review Vol. 5 No. 1 (2022): UNES LAW REVIEW (September 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v5i1.277
<![CDATA[Information technology plays an important role for the present and the future which in itself changes people's behavior. Information technology contributes to the law of evidence in Indonesia with the recognition of electronic evidence. In 2016, the Constitutional Court of the Republic of Indonesia issued the Constitutional Court Decision Number 20/PUU-XIV/2016 which had a juridical impact on changing the definition of legal electronic evidence. This decision is considered contrary to the spirit of the ITE Law and causes a blurring of norms regarding the legal position of electronic evidence. The purpose of this study is to examine the legal regulation of the position of electronic evidence and the legal consequences of the Constitutional Court's decision Number 20/PUU-XIV/2016. This research is classified as qualitative research with a normative juridical method, so that the sources used come from library data, both primary, secondary, and tertiary legal sources. The results of this study state that the legal arrangement for the position of electronic evidence in Indonesia in the ITE Law has changed since the Constitutional Court Decision Number 20/PUU-XIV/2016 which has provided an interpretation of the phrase electronic information and/or electronic documents in article 5 paragraph (1) and paragraph (2), and article 44 letter b of the ITE Law regarding the provisions of legal evidence and has implications for the function of electronic evidence in criminal law, namely the emergence of legal uncertainty over the validity of electronic evidence in court and the occurrence of differences in interpretation in law enforcement.]]>
<![CDATA[PENANAMAN MODAL ASING PENGANGKATAN BENDA MUATAN KAPAL TENGGELAM (BMKT) DI INDONESIA ]]>
<![CDATA[Ursula Kristanti Riang Borot]]>;
<![CDATA[Tiurma Mangihut Pitta Allagan]]>
<![CDATA[ UNES Law Review Vol. 5 No. 1 (2022): UNES LAW REVIEW (September 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v5i1.279
<![CDATA[In 2021, the government start discussing licensing for foreign investors to search for sunken ship cargo objects (BMKT) under Indonesian waters. This study focuses on normative juridical research by reviewing regulations regarding foreign investment in the lifting of sunken cargo objects (BMKT) in Indonesia and permits for trying to lift sunken cargo objects (BMKT) in the regions. The results obtained are that the regulations have not been specifically regulated, for foreign investment itself it is still running in accordance with the applicable general investment regulations, but specifically for foreign investment in the Lifting of Submerged Ships (BMKT) it is still not optimal and business licensing in The regional government for the Lifting of Sunken Ships (BMKT) for foreign investment is also still not optimally regulated, but Government Regulation No. 6 of 2021 shows that the role of local governments in providing business permits is quite significant through the regional apparatus of the Investment and Integrated Services Agency. One Gate, as well as local governments can provide business licensing matters in accordances with the needs of the region]]>
<![CDATA[IMPLEMENTASI PERMENDAGRI NO.72 TAHUN 2020 DALAM PELAKSANAAN PILKADES SERENTAK DI MASA PANDEMI COVID-19 (Studi di Kabupaten Banyuwangi) ]]>
<![CDATA[Jauhar Nashrullah]]>;
<![CDATA[Wahyu Miftha Arfansyah]]>
<![CDATA[ UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v5i1.282
<![CDATA[One of the regions in Indonesia that has experienced delays in the Pilkades several times due to government policies and regulatory uncertainty is Banyuwangi Regency. After experiencing uncertainty, finally the Simultaneous Pilkades during the COVID-19 Pandemic has a legal umbrella with the presence of Permendagri No. 72 of 2020. In 2021, the Simultaneous Pilkades in Banyuwangi Regency can finally be held. This research will examine how the implementation of Permendagri No. 72 of 2020 in the implementation of the Simultaneous Pilkades in Banyuwangi Regency in 2021. This research combines normative-empirical, normative data that issupported by the addition of data or empirical elements through a statutory approach and a case approach.materials (primary, secondary, tertiary) collected are then analyzed using content analysis methods The results of the study indicate that the follow-up to the presence of Permendagri No. 72 of 2020, the Banyuwangi Regency Government issues the Banyuwangi Regional Regulation No. 13 of 2021 concerning Implementation Guidelines on Guidelines for Election, Appointment, Inauguration and Dismissal of Village Heads, then the Banyuwangi Regent also issued Decree No. 188/72/Kep/429.011/2021 regarding the formation of district election committees and sub-district committees and based on interviews with representatives of several villages that held Pilkades, basically the implementation of Pilkades in the field has implemented the protocol according to the provisions of Perbup No. 188/72/Kep/429.011/2021. 13 of 2021 and Permendagri No. 72 of 2020. So based on the results of the study it can be concluded that the Banyuwangi Regency Government has implemented Permendagri No. 72 of 2020 is in the implementation of Simultaneous Pilkades in their area.]]>
<![CDATA[KOORDINASI ANTARA PENYIDIK POLRES PADANG PARIAMAN DENGAN BADAN PERTANAHAN NASIONAL/ AGRARIA TATA RUANG KABUPATEN PADANG PARIAMAN DALAM PENYIDIKAN TINDAK PIDANA LARANGAN PEMAKAIAN TANAH TANPA IZIN ]]>
<![CDATA[Otong Rosadi]]>;
<![CDATA[Hendra Hendra]]>
<![CDATA[ UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v4i4.283
<![CDATA[Article 2 of Law Number 51 Prp of 1960 concerning Prohibition of Land Use Without Permission from the Entitled Person or his legal proxy. This research is a legal research with a descriptive analytical specification. The implementation of coordination between the Padang Pariaman Police Criminal Investigation Unit and the Padang Pariaman BPN/ATR in the investigation of the prohibition of land use without a permit or legal proxy is in terms of proving the status of ownership of the land. The National Land Agency was asked for information regarding land grabbing because the authorities and understanding of land grabbing are related to the legality of ownership of the land, even though the reporting party has shown proof of ownership but still requires information from the National Land Agency. Coordination is also carried out in terms of testing the validity of the documentary evidence collected by investigators in land grabbing cases. Obstacles in Coordination Between the Padang Pariaman Police Criminal Investigation Unit and Padang Pariaman BPN/ATR in Criminal Investigations for Prohibition of Land Use Without a Permit or Legal Proxy, among which are often difficult to distinguish the authenticity of proof of land ownership and the existence of overlapping land ownership which this cannot be proven by BPN as the institution that issued the evidence on the pretext of differences in leadership policies at that time. There are different agencies issuing proof of ownership of the same plot of land to different parties. The existence of falsification of land documents so that the Land Agency takes a long time to test the authenticity of these documents and makes the investigation take a long time.]]>
<![CDATA[UPAYA MEDIASI DALAM PENYELESAIAN SENGKETA EKONOMI SYARI’AH DI PENGADILAN AGAMA PADANG KELAS IA ]]>
<![CDATA[Iyah Faniyah]]>;
<![CDATA[Evi Sumarni]]>
<![CDATA[ UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v4i4.284
<![CDATA[The Religious Courts based on Article 49 of the Law on Religious Courts have expanded their authority to settle sharia economic cases. Based on Article 10 of PERMA Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Disputes, it is emphasized that judges in ordinary examination procedures must seek reconciliation through mediation. In practice, mediation efforts are often unsuccessful, as happened in the Padang Religious Court, of the 4 sharia economic cases that were entered, only one case was successfully mediated. Based on the results of the research, discussion and analysis, it can be concluded: first, mediation efforts in resolving Sharia economic disputes at the Padang Religious Court are mediators using informative, educative and persuasive methods. In the Padang Religious Court, there are internal factors: (1) mediators from judges who do not have certificates, (2) mediation seems only a formality, External factors: (1) litigants who are reluctant to be mediated, (2) The place to hold mediation is not yet conducive so it is not comfortable to negotiate]]>
<![CDATA[PENGGUNAAN ALAT BUKTI SEBAGAI DASAR PENETAPAN TERSANGKA PADA PENYIDIKAN TINDAK PIDANA KECELAKAAN KAPAL WISATA YANG MENGAKIBATKAN MATINYA ORANG ]]>
<![CDATA[Yuli Dekri]]>
<![CDATA[ UNES Law Review Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v4i4.285
<![CDATA[The skipper is given responsibility by Law Number 17 of 2008 concerning Shipping related to ship safety and security. The evidence that is the basis for determining the suspect in the tourist ship accident case that resulted in the death of a person in the case file number Bp/44/XII/2019/Reskrim/Parisan Police is witness statements and other evidence. Based on the theory of evidence, to prove someone's negligence is to see whether someone has used the precautionary principle or not, see how people generally take action when in conditions like those experienced by the perpetrator and whether someone has taken the action that should have been done or not. The suspect in this case is the captain of the ship because he was proven to have sailed from the coast of Gandoriah Pariaman to Angso Duo Pariaman Island and without having a Sailing Approval Letter issued by the Syahbandar. Other evidence is witness testimony stating that the ship exceeds the specified capacity as well as a certificate of proficiency for the captain. The obstacle in collecting evidence which is the basis for determining the suspect in the tourist ship accident case that resulted in the death of the person in the case file Number Bp/44/XII/2019/Reskrim/Parisan Police is the witness testimony given by the suspect's statement which does not match. Determining who was negligent due to negligence is not always the suspect. The number of legal substances that will be applied and all the elements contained in several articles that are applied each must be supported by a minimum of 2 (two) pieces of evidence.]]>
<![CDATA[OPTIMALISASI KEWENANGAN AMICUS CURIAE KOMNAS HAM DALAM PROSES PEMERIKSAAN PERKARA DI PENGADILAN BERDIMENSI HAK ASASI MANUSIA ]]>
<![CDATA[Ridha Wahyuni]]>;
<![CDATA[Atik Wananti]]>
<![CDATA[ UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v5i1.286
<![CDATA[Komnas HAM as a state institution have authorized by law to provide amicus curiae for legal settlement of public cases with a human rights dimension. Until now, Komnas HAM has carried out this authority, but in practice there are still various obstacles, both external and internal, so that its implementation has not been optimal.This study using a juridical-normative research method, with an analytical-descriptive approach to see how the law works in practice. There is a difference in the views of the judges on the position of the amicus curiae of Komnas HAM which is considered the same as the opinion of the Experts, while the Amicus Curiae is more of an institutional opinion and can be submitted individually, therefore it is necessary to issue SEMA so that there is a common view and understanding for judges in seeing this authority, Second ; UU no. No. 39/1999 on Human Rights has not clearly and firmly regulated the authority of Komnas HAM's amicus curiae, making it difficult for Komnas HAM to draft technical regulations for its implementation.]]>
