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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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Tanggung Jawab Notaris Atas Keterangan Palsu Dalam Akta Rapat Umum Pemegang Saham Luar Biasa Anisa Nabila Hamdi; Mohammad Fajri Mekka Putra
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2317

Abstract

The authority of a notary is to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or desired by those interested to be stated in an authentic deed. A notary is obliged to guarantee the truth of the deeds they make; therefore, a notary must act honestly, fairly, and transparently in making an authentic deed. However, notaries often act carelessly and are not thorough in carrying out their duties and positions, which can lead to legal problems in both the legal and criminal realms. The issues discussed below concern the responsibilities of a notary who includes false information in making a deed for an extraordinary general meeting of shareholders and the legal consequences of a notarial deed that includes false information. The type of research used to address this problem is normative legal research, descriptive in nature. The data used is secondary data analyzed qualitatively, and the method of drawing conclusions uses deductive logic. Based on the research results, a notarial deed containing elements of a criminal act can render the notary criminally liable under Article 55 and Article 56 of the Criminal Code due to negligence in falsifying documents. This can result in the notarial deed being annulled or nullified by law..
Pertanggungjawaban Notaris Sebagai Pembuat Akta Wasiat (Testament Acte) Yang Tidak Memenuhi Ketentuan Legitieme Portie Putri Shofwatul Laily
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2318

Abstract

The death of an heir has created rights for their heirs to control and/or obtain the inheritance of the deceased. According to the Western Law of Inheritance, there are two ways to inherit a portion of the deceased's estate: according to the provisions of the law and as designated in a testament. In the formation of a testament, the role of a notary is important and crucial. This is because a notary can oversee, provide advice so that the content of the heir's testament does not contradict the law. One of the rules that must not be violated in the creation of a testament is regarding the absolute rights of the heirs or legitimate portion as regulated in Article 913 of the Civil. However, in reality, there are still testaments that violate the provisions of the legitimate portion from one or all of the heirs even though the testament has been made by or before a notary. This has undoubtedly caused injustice to the heirs, and more severely, the validity of a testament is then questioned as to whether it complies with the existing laws or contravenes statutory regulations. In writing this journal, the author uses a normative juridical method, which is an approach based on primary legal materials by examining various theories, concepts, legal principles, and regulations related to this research.
Pendaftaran Tanah Pertama Kali Melalui Pendaftaran Tanah Sistematis Lengkap (PTSL) dengan Alas Hak Jual Beli Secara Adat di Kota Bukittinggi Angrila Putri; Ferdi, Ferdi; Fendri, Azmi
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2319

Abstract

Complete Systematic Land Registration (PTSL) is a national strategic project that aims to realize the provision of legal certainty and legal protection of community Land Rights based on the principles of simple, fast, smooth, safe, fair, equitable and open and accountable, so as to improve the welfare and prosperity of the community and the country's economy, as well as reduce and prevent land disputes and conflicts. To accelerate the implementation of registration of all land areas in Indonesia in 2016 a Circular Letter was issued by the Minister of ATR / Head of BPN Number 1756 / 15.I / IV / 2016 concerning Guidelines for the Implementation of Land Registration which is essentially about simplifying the basis of rights for land registration. In this case, for proof of ownership of customary land owned by the Bukittinggi customary law community, some use customary sales and purchase letters. Based on this, the author is interested in conducting research with the formulation of the problem, namely: How is the process of making customary land sales and purchases in Bukittinggi City? How is the process of first land registration through PTSL with customary land sale and purchase rights at the Bukittinggi City Land Office and, How is the process of first land registration through PTSL with customary land sale and purchase rights after the realization of Complete City Mapping in Bukittinggi City. And the purpose of the study is to study and analyze the process of making customary land sales and purchases in Bukittinggi City, to study and analyze the process of first land registration through PTSL with customary land sale and purchase rights at the Bukittinggi City Land Office, and to study and analyze the process of first land registration through PTSL with customary land sale and purchase rights after the realization of Complete City Mapping. The research method is an empirical legal approach method (emphrical legal research), the nature of this research is descriptive. The conclusion is that the PTSL process with the basis of customary land sale and purchase certificates can be used at the Bukittinggi City Land Office and is equipped with a statement of physical control of the land area, and for the land registration process through PTSL after Bukittinggi City is Complete, physical data collection in the form of measuring land areas in the field is no longer carried out, but only legal data collection is carried out.
Akibat Hukum Perjanjian Sewa Menyewa Alat Berat yang dipergunakan Untuk Melakukan Perbuatan Melawan Hukum Brian Hariadi; Marjon, Dahlil; Yasniwati, Yasniwati
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2320

Abstract

During activities, mining entrepreneurs often rent heavy equipment in the form of excavators from other entrepreneurs. It often happens that rented items are used to commit crimes, which leads to the confiscation of rented items as evidence. Therefore, renting entrepreneurs will suffer economic losses. This raises the legal question of how to protect tenants in this case. To answer this question, we need to do a study. This study is a normative legal study, which raises three (three) legal issues, namely (1) examining the reasons for the confiscated heavy equipment by law enforcement departments; (2) examining the legal consequences of confiscated on third parties renting heavy equipment; and (3) examining the forms of legal protection for third parties renting heavy equipment. The study shows that, first of all, the reason for the confiscation is to let investigators have evidence of the crime. Secondly, the legal consequence of confiscation on third parties is the inability to use their heavy equipment to earn income, resulting in delayed payment of credit for the purchase of confiscated goods. Third, the third party is protected by the laws of Article 206, Article 227-228 R.Bg and Article 195 (6) HIR. The third party has the right to make resistance efforts (derden verzet) before the case is adjudicated.
Regulasi Islamic Distribution of Properties Melalui Mekanisme Non Ekonomi di Indonesia Chandra Maharani; Marnita, Marnita; Baiti Ningsih; Indah Savira
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2321

Abstract

This research aims to first, Model the Islamic Distribution of Properties Through Non-Economic Mechanisms in Indonesia. Second, Islamic Distribution of Properties Through Regulation of Non-Economic Mechanisms in Indonesia. Third, Implementation of Islamic Distribution of Properties Through Non-Economic Mechanisms in Indonesia. The research method used is a Normative Juridical approach, which is a type of qualitative research, with a Statute Approach, using descriptive-analytical methods, applying data collection techniques through literature and library studies, interviews accompanied by observations of applications occurring in the community. A fundamental transformation is needed in the Islamic Distribution of Properties through Non-Economic Mechanisms in the form of regulations on Zakat, Waqf, Inheritance, Grants, and Wills in Indonesia to bridge the wide gap between the potential and realization of Islamic Social Funds (DSI). This research aims to formulate such a transformation.
Pengaruh Media Sosial Pada Persepsi Publik Terhadap Sistem Peradilan: Analisis Sentimen di Twitter N. Muhammad, Rivaldhy; Wulandari S, Lestari; Tanggahma, Biloka
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2327

Abstract

Social media has become a major platform for the public to express their views on various issues, including the judicial system. This study aims to analyze the influence of social media, particularly Twitter, on public perception of the judicial system in Indonesia. The method used in this research is sentiment analysis applied to thousands of tweets related to judicial issues. Data were collected using data mining techniques and analyzed to identify positive, negative, and neutral sentiments towards the judicial system. The results show that the majority of sentiments expressed by the public on Twitter tend to be negative, reflecting widespread dissatisfaction with the judicial system. Positive sentiments emerged in the context of policy reforms and legal transparency, while negative sentiments were often linked to issues of corruption and injustice. In conclusion, social media, especially Twitter, significantly influences public perception and can serve as an important source for understanding public opinion on the judicial system.
Proses Pengalihan Cessie Dan Dampaknya Terhadap Hak Debitur Dalam Perjanjian Kredit Perbankan Sasmita, Baiq Supiya Indah
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2328

Abstract

This study aims to determine the process of transferring the cession carried out by PT. Bank Tabungan Negara, Jember branch and PT. Bank Tabungan Negara, Banyuwangi branch in the Credit Agreement Has Complied with the Governing Legal Provisions and to determine the legal impact of the application of the cession clause on the rights of debtors in decision Number 1327 K / Pdt / 2021. The research method used in this study is the doctrinal research method. Based on this study, it is concluded that credit agreements in Indonesian civil law, although not specifically regulated in Book III of the Civil Code, still follow general legal principles such as the principle of freedom of contract. And the application of the cession clause in the credit agreement has an important impact on the rights of debtors in terms of transparency, justice, legal certainty, protection of debtor rights, and the continuity of legal relations.
Aspek Hukum Perlindungan Konsumen Terhadap Produk Masker Medis di PT. Surya Tara Jaya Chen, Andre; Diary Steward Surbakti, Anton
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2329

Abstract

When talking about the need for masks, this increasing demand is unexpectedly exploited by irresponsible individuals. They carry out hoarding of medical masks and health equipment that are urgently needed by the community and medical teams in dealing with the pandemic. The purpose of this hoarding is to gain profit and enrich themselves by selling medical masks, hand sanitizers, alcohol, and other equipment at above average prices. This research is a normative research. The data collection tools used in this study are in the form of document studies and literature searches. Data obtained from library materials are then analyzed by document studies and using qualitative analysis. Based on the results of the study of legal protection regulations for consumers regulated in Law Number 8 of 1999 regarding medical mask products, it explains that consumer rights include the right to comfort, security, and safety in consuming goods and/or services in accordance with the exchange rate and conditions and guarantees promised, the right to be treated or served properly and honestly and without discrimination. The company's procedure for resolving consumer disputes related to medical mask products at PT. Surya Tara Jaya is an effort to resolve the disputes that can be carried out by PT. Surya Tara Jaya, which suffers losses due to the use of defective health masks, the company takes 2 (two) methods, namely through non-litigation and litigation. Dispute resolution through non-litigation is the initial way to resolve disputes between producers and consumers, while litigation resolution can be carried out if the dispute cannot be resolved through any means or cannot be done through non-litigation dispute resolution. There are several obstacles that companies may face in resolving consumer disputes related to medical mask products. Some of these obstacles involve various factors, including law, communication, and external factors. Here are some of the obstacles that may be faced: regulatory complexity, legal costs, lack of information or poor communication, legal uncertainty, reputational risk, resource constraints, group demands, inconsistent understanding.
Perlindungan Hukum Bagi Konsumen Terhadap Tindakan Sewenang-Wenang Developer Perumahan Stefany Meylin Kurniasari; Nathaniel Elbert Gunawan; Calvin Manuel Hutomo; James Santoso
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2330

Abstract

This research addresses the legal protection for consumers against arbitrary actions by housing developers. The background of this issue is the primary human need for adequate and safe housing. Developers, as business actors in the housing sector, have the responsibility to fulfill consumer rights, as regulated in Law Number 1 of 2011 concerning Housing and Residential Areas and Law Number 8 of 1999 concerning Consumer Protection. However, in practice, developers often take actions that hinder the construction of houses by consumers, thereby harming them. This research uses a normative juridical method, by collecting secondary data from books, laws, and other literature sources. The results of the research show that the actions of developers that obstruct house construction are a violation of consumer rights that require legal protection. This protection can take the form of administrative sanctions against developers, such as compensation costs and interest. Therefore, developers must be accountable for the rights granted by law to ensure consumers can build adequate and safe homes.
Pertimbangan Hakim dalam Memutuskan Perkara Kasus Pindana Korupsi di Kota Blitar Agnes Levina Sesa; Paskah Febiola Dwi Gonstary; Kahfian Yunita Maulidia
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2331

Abstract

Corruption is a serious crime that harms the nation both financially and morally. This study attempts to highlight a case of corruption committed by a bank teller in Blitar City, involving numerous government officials. In the context of the case faced, one of the defendants, Evi Sulistia Watiningsih, acted as a teller at PD. BPR Artha Praja, Blitar City. This research uses a normative legal analysis method with a case study approach. The result of this study is that the defendant, Evi Sulistia Ningsih, was found guilty of committing corruption in collaboration with others, and was sentenced by the judge to four (4) years in prison and fined 100,000,000 rupiahs with an additional punishment if the fine is not paid. The punishment given by the judge is in accordance with Law No. 20 of 2001 concerning corruption (tipikor), and it is hoped that it will serve as a lesson for the defendant not to commit the same act in the future, which would harm the nation's finances

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