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[Perjanjian Waralaba yang Belum Terdaftar: Batal Demi Hukum atau Dapat Dibatalkan? ]]>
<![CDATA[Rahma Widiastuti, Ambria]]>;
<![CDATA[Akhmad Budi Cahyono]]>
<![CDATA[ UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i4.2307
<![CDATA[Government Regulation Number 42 of 2007 concerning Franchising (PP 42/2007), requires that the Franchisor must register the Franchise prospectus which is followed up with the registration of the Franchise Agreement by the Franchisee. Failure to register the Franchise Agreement results in the agreement being null and void because the Franchise Agreement is included in the form of a Formal Agreement. Void and void means returning the parties to their original state when the agreement had not yet been formed. However, if the Franchisee suffers a loss, he can sue the Franchisor for compensation on the basis of an Unlawful Act. The Franchisee will not experience such losses if the Franchisor registers its franchise prospectus. This study uses a normative legal research method with a qualitative approach.]]>
<![CDATA[Analisis Yuridis Pelaksanaan Persidangan Secara In Absentia Dalam Perkara Tindak Pidana Korupsi Terhadap Tersangka Yang Tidak Pernah Diperiksa Pada Tahap Penyidikan : (Studi Putusan Pengadilan Tindak Pidana Korupsi Nomor: 59/Pid.Sus-TPK/2022/PN Mdn) ]]>
<![CDATA[Dea Vony Nifili Zega]]>;
<![CDATA[Mahmud Mulyadi]]>;
<![CDATA[Detania Sukarja]]>;
<![CDATA[Wessy Trisna]]>
<![CDATA[ UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i4.2308
<![CDATA[In handling cases of criminal acts of corruption, special rules are imposed that stipulate that without the presence of defendants who have been legally summoned at the court hearing, the trial can still proceed with trial in absentia as stipulated in Article 38 paragraph (1) of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. However, this provision does not formulate and regulate the investigation of corruption cases in absentia. The purpose of this thesis is to analyze and know the importance of trial in absentia in cases of criminal acts of corruption, to analyze and know the implementation and opportunities and challenges of trials in absentia in cases of criminal acts of corruption against suspects who have never been examined at the investigation stage. The research method used in this thesis is normative research with primary data collection and secondary data using literature study techniques and field studies then the data obtained are analyzed descriptively qualitatively. The urgency of trial in absentia in corruption cases is to realize legal justice in terms of saving state wealth through the return of assets resulting from corruption crimes, providing benefits for many people who have been harmed by social and economic rights as a society. The implementation of trials in absentia in corruption cases as decided in the Corruption Court Decision Number: 59/Pid.Sus-TPK/2022/PN Mdn does not only occur in the court examination process but has begun since the investigation stage, where the Suspect is no longer known or has fled after being determined as a Suspect. The trial in absentia of corruption cases against suspects who have never been examined at the investigation stage provides opportunities for the recovery of state financial losses, speeds up the completion of legal proceedings and to provide a deterrent effect on perpetrators of corruption crimes. The challenges of implementing trials in absentia of corruption cases in terms of legal substance, legal structure, legal culture and fulfillment of human rights.]]>
<![CDATA[Daerah Otorita Ibu Kota Negara: Koherensi Status Daerah Pada Ibu Kota Negara Nusantara Peraturan Perundang-Undangan Pemerintahan Daerah Di Indonesia ]]>
<![CDATA[Ihsan Harivy Addas]]>
<![CDATA[ UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i4.2309
<![CDATA[The dynamics of the discourse on relocating the national capital have been rolling after the Dutch colonization of Indonesia. This idea is not without reason, considering that the Indonesian government regime from the beginning had a long blue print in managing the government of the Republic of Indonesia and one of them was moving the capital city so that the Indonesian people had the authority to manage their territory while leaving the legacy of Dutch colonialization. Furthermore, Article 5 of Law number 3 of 2022 describes the specificity and position of the archipelago's capital city as an authoritative region. This has become a complex debate in academic discourse, especially in the field of constitutional law, considering that this law is substantially incoherent with the 1945 Constitution of the Republic of Indonesia article 18. Therefore, this article will further explain in more detail about the coherence of the status of “region” in the National Capital of the archipelago (IKN Nusantara). This article's research is based on normative legal research methodology or can also be referred to as doctrinal research. Normative research itself is one of the methods to find and determine what the law should be (ought to be) by analyzing various provisions of laws and regulations by presenting theories in legal science literature. Therefore, departing from the discourse on the relocation of the capital city and its implementation in Law number 3 of 2022, it is necessary to conduct a more specific study of the special regional status that is inline with the legislation that preceded it such as Law number 23 of 2014 as well as the 1945 Constitution of the Republic of Indonesia.]]>
<![CDATA[Pemeriksaan Minuta Akta Notaris Untuk Kepentingan Penyidikan Dikaitkan Kewajiban Notaris Merahasiakan Akta ]]>
<![CDATA[Livia Suha Putri]]>;
<![CDATA[Habib Adjie]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2310
<![CDATA[A notary is a public official who has the authority to make authentic deeds regarding all acts, agreements and provisions required by statutory regulations and/or desired by interested parties. A deed made by a Notary can be used as strong evidence and the Notary needs to keep the contents of the deed he has made confidential. In carrying out their position, Notaries should be careful to avoid unlawful acts which can then be summoned by the judiciary. UUJN provides space for investigators to be able to examine Notarial deeds for investigative purposes as intended in Article 66 UUJN. The problem discussed is an examination of the minutes of Notarial deeds carried out by the Regional Notary Honorary Council for the purposes of investigations related to the principle of confidentiality and forms of protection for Notaries as public officials who are called upon to provide information. regarding the contents of the deed. The result obtained is that the Notary's obligation to keep the deed confidential as intended in Article 16 paragraph (1) letter f UUJN can be concluded as not violating the Principle of Notary Confidentiality. A Notary, in carrying out his official duties, is obliged to keep the contents of the deed and all information obtained by the Notary confidential in carrying out his official duties, unless statutory provisions order the Notary who is summoned as a witness to disclose this matter. keep the Notary's position confidential and fulfill his legal obligations as a witness in providing information regarding the contents of the deed as necessary. as evidence in court for law enforcement.]]>
<![CDATA[Membangun Transportasi Udara Era 5.0 di Indonesia: Perspektif Hukum dan Kebijakan ]]>
<![CDATA[Lumban Gaol, Selamat]]>;
<![CDATA[Mardianis, Mardianis]]>;
<![CDATA[Niru Anita Sinaga]]>;
<![CDATA[Subhan Zein Sgn]]>;
<![CDATA[, Budi Prayitno]]>;
<![CDATA[Anggraeni Rosliana Dewi]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2311
<![CDATA[Society 5.0 was initiated by Japan, and inaugurated on January 21, 2019, made as a resolution to the Industrial Revolution 4.0, using modern-based science (Artificial Intelligence, Robots, Internet of Things) for human needs with the aim that humans can live comfortably, including in air transportation, initially focusing on human factors (pilots) began to shift the emphasis to the development of aviation technology. Therefore, it is interesting and necessary to examine how the readiness of laws and policies to build air transportation in the 5.0 era in Indonesia. This research is normative legal research using a statute approach, conceptual approach, and comparative approach and uses secondary data obtained from primary and secondary legal sources related to laws and policies to build air transportation in the 5.0 era in Indonesia. The results show that the existing laws and policies for building air transportation in the 5.0 era in Indonesia are not ready. It is necessary to harmonize and synchronize laws and regulations and policies to build air transportation in the 5.0 era in Indonesia with global regulations and policies in the form of international agreements related to air transportation development in the 5.0 era in the world.]]>
<![CDATA[Problematika Pengadaan Bilik Asmara di Lembaga Pemasyarakatan Kelas II A Parepare Demi Pemenuhan Hak Seksual Narapidana ]]>
<![CDATA[Wiwin, Wiwin]]>;
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Muhammad Aditya]]>;
<![CDATA[Muhammad Kemal Yunus]]>;
<![CDATA[Nurul Ramadhani Sangker]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2312
<![CDATA[A romance room is a special room or room provided by the state for inmates to channel their sexual desires. The provision of a romance room aims to provide a place for inmates to channel their sexual desires to their legal partners. In Indonesia, romance rooms are still limited and there are only three correctional institutions that have romance booths, namely Ciangir Class IIB Correctional Institution, Kendal Class IIB Open Correctional Institution, and Nusakambangan Class IIB Open Correctional Institution, while Parepare Class IIA Correctional Institution has not yet held a romance room. This study aims to find out the reality of inmates' sexual desire and the problems of procuring romance rooms in Class IIA Parepare Correctional Institution. This research is an empirical normative research that uses a statute appraoch, conceptual approach and social approach. The results of this study show that the reality of inmates' sexual desires in the Class IIA Parepare Correctional Institution requires a romance room as a legal mechanism to fulfill the inmates' sexual desires and to carry out the rights and obligations of the inmate's legal spouse in order to maintain marital harmony. Inmates of Class IIA Parepare Correctional Institution still have difficulty channeling their sexual desires because romance booths are not yet available, while CMK and extraordinary permits that are often used as a medium for channeling sexual desire require strict administrative requirements. The problems faced by the Parepare Class IIA Correctional Institution in the procurement of romance rooms are the absence of regulations that specifically regulate the requirements, implementation procedures, supervision, and technical matters related to the procurement of romance rooms. Another problem faced is the concern about the safety of the romance room and the impact caused if the inmate's wife or female inmate becomes pregnant and gives birth.]]>
<![CDATA[The Influence of Civil Law on the Quality of Community Life: Case Studies in Big Indonesian Cities ]]>
<![CDATA[Achmad Fitrian]]>;
<![CDATA[Dodi Rusmana]]>;
<![CDATA[Ning Adiasih]]>;
<![CDATA[, Marjan Miharja]]>;
<![CDATA[Nabain Idrus]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2313
<![CDATA[This research project aims to examine the influence of civil law on the quality of life of people in big cities through a comprehensive literature review. The role of civil law in maintaining the equilibrium between the rights and obligations of individuals in a complex urban society is of great consequence. This research identifies the ways in which the application of civil law in the areas of property rights, contracts, family, and land affects various aspects of people's lives, including social stability, the economy, and individual welfare. From the literature review, it was found that legal certainty and effective access to civil justice contribute significantly to improving the quality of life of people in big cities. Conversely, ineffective civil law enforcement can lead to uncertainty, conflict, and inequality that negatively affect people's welfare.]]>
<![CDATA[Analisis Hukum Pembangunan Berkelanjutan Ibu Kota Nusantara (IKN) dalam Manajemen Risiko Pengembalian Investasi Asing ]]>
<![CDATA[Ade Andrian Nur Satiaputra]]>;
<![CDATA[Cika Silvia Puspa Christina]]>;
<![CDATA[Nurhayani Butar Butar]]>;
<![CDATA[Sunardi, Sunardi]]>;
<![CDATA[Budi Prabowo]]>;
<![CDATA[Rahajeng Oktovione Putri Bestari]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2314
<![CDATA[The implementation of infrastructure development in the Indonesian Capital City (IKN) is one of the government's strategic directions regulated in the provisions of Law no. 3 of 2022 concerning the Indonesian Capital City (IKN Law). One of the funding sources regulated in the IKN Law is the distribution of foreign funds, including the Government and Business Entity Cooperation (KPBU) program, financial support or international funding programs, and creative funding programs. The two research formulations focus on a critical study of risk management in relation to foreign investment returns in infrastructure development in the IKN. This research is a type of normative legal research with a sociological approach. The conclusion of this study is that the KPBU system has clearer accountability rules, but the use of the other two foreign investment systems is relatively faster to use. Therefore, the other two schemes require more configuration.]]>
<![CDATA[Pelaksanaan Restorative Justice Terhadap Pelaku Tindak Pidana Penganiayaan Anak Di Kepolisian Daerah Bali ]]>
<![CDATA[Doni Darmawan Tikoalu]]>;
<![CDATA[Rugun Romaida Hutabarat]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2315
<![CDATA[Law enforcement officials, particularly those in the Bali Regional Police, are undoubtedly concerned about the increase in juvenile criminal activity in Bali Province. The restorative justice approach which involves transferring is one of the options for managing criminal cases involving minors. The study's objective is to ascertain how the Bali Regional Police applies the restorative justice concept to cases involving child abuse. The research is of a descriptive character, and it is the empirical legal research. Primary data originates from police interviews conducted by the Bali Regional Police work unit, which specializes in managing juvenile crimes; secondary data is gathered from publications such as books, articles, and records. Qualitative data analysis is done and then presented in a descriptive manner. The outcomes demonstrated that the Bali Regional Police had applied the restorative justice concept in a very effective manner when it came to the crime of child abuse. The legal culture component in society has an influence on the barriers that the Bali Regional Police faces while attempting to implement the restorative justice principle in child abuse cases.]]>
<![CDATA[Kekuatan Pembuktian Penjaminan Utang Piutang Melalui Perjanjian Pengikatan Jual Beli ]]>
<![CDATA[Amara Ayu Maharani]]>;
<![CDATA[Sri Laksmi Anindita]]>
<![CDATA[ UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v7i1.2316
<![CDATA[Acquiring land rights can be accomplished through various legal acts, one of which involves buying and selling. This research aims to examine the efficacy of guaranteeing debts and receivables through a binding sale and purchase agreement for both debt providers and recipients, as well as to analyze the legal protection afforded to them through such agreements. The research utilizes a normative legal research approach, employing both statutory research and a conceptual framework, and relies on secondary data sources such as statutory regulations, books, and scientific journals. The results of this research indicate that the strength of proof of guaranteeing debts and receivables through a binding sale and purchase agreement for the debtor and debt recipient is invalid and cannot serve as the basis for transferring land rights, except by a PPAT deed or auction. Furthermore, legal protection for guaranteeing debts and receivables cannot be obtained through a valid sale and purchase agreement for the debt provider and the debt recipient. Appropriately, debt and receivable agreements should be guaranteed using mortgage rights.]]>
