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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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OPTIMALISASI FUNGSI INTELIJEN KEPOLISIAN DALAM PENYELIDIKAN TINDAK PINDANA NARKOTIKA YANG DILAKUKAN ANGGOTA KEPOLISIAN ( Studi Sat Intelkam Polres Solok) Harefa, Herius
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.5

Abstract

One of the tasks of intelligence is to investigate members of the Police who commit criminal acts of narcotics abuse. Based on this, the problems described are the first, how the Police Intelligence Function and constraints in the Investigation of Narcotics Crimes committed by Solok Police Force Members and the Optimization of the Intelligence Functions. The specifications of this study are analytical descriptive. While the method of approach used is juridical empiris.Teknik data collection is a field study through interviews for primary data and literature study to obtain secondary data. The data obtained are then analyzed qualitatively. The first conclusion of the Police Intelligence Function in the investigation and supervision of members of the Police who committed the narcotic crime is to search, dig, and collect data as completely as possible from various sources. Both obstacles encountered in the execution of these functions are law enforcement factors where the Police must crack down on its members who commit a crime not to protect its members who are involved in narcotic criminal acts. Efforts Optimizing the intelligence function in investigating drug abuse by members of Polri is Conducting Education and training for members of Intelligence, Coordinating and cooperation with related institutions and institutions. Repressive efforts as law enforcement efforts in the form of repression, eradication, crackdown after the crime occurred.
PERANAN KEPOLISIAN RESOR BUKITTINGGI DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK Jefri, Jefrizal
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.6

Abstract

Passage 81 and 82 of Law Number 35 Year 2014 about The Changing of the Law Number 23 Year 2002 regulate about sanction to the agent of violence. The Law underlines to give effect and push the concrete steps in maintenance physic, psychic, and social of children. The violence is bad action. Children often become victims of this violence.The problems in this study are: First, how is the role of Bukittinggi Resort Police in crime prevention to children? Second, what are the obstacles faced by Bukittinggi Resort Police in crime prevention to children and how to solve it? The specification of this research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, role of Bukittinggi Resort Police in crime prevention to children done through preventive and repressive efforts. The preventive through socialization to pupils, parents and schools.Therefore, the repressive efforts by prohibition effort and investigation.The prohibition of crime prevention to children by socialite.The efforts of investigation suitable by police such as investigation, etc. Second, the obstacles faced by Bukittinggi Resort Police in crime prevention to children is lack of enthusiasm children, societies and teachers and development of technology and information. Others, the obstacles in investigation are unwished of victim to report, difficult to evidence, there are so many requirements should be done and limitation of investigation fund. The efforts to solve the problems are socialite, increase investigation, socialite regulation of ITE, coordination of many sides and increasing of fund.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERTAMBANGAN BATUAN NON LOGAM PADA TANAH HAK MILIK MASYARAKAT (Studi Pada Satreskrim Polres Kerinci) Mai, Maizardi; Saputra, Ebit Bimas
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.7

Abstract

The enforcement of mining law is done on the land of property rights is an interesting part for the scientific study, because on one side of law enforcement is a constitutional obligation to maintain the jurisdiction of the state law, on the other hand the land ownership is constitutional recognition or part of the form of state protection law against its citizens, or more specifically that one of the characteristics of a constitutional state is the protection of human rights. Ownership of land is a part of human rights, and even property rights to land can be communal. Based on the above description, the issues discussed in this research are: Firstly, how is law enforcement against the criminal act of non-metallic rock mining on community property rights in the area of ​​Kerinci Police . Secondly, what are the obstacles faced in law enforcement of non-metallic rock mining action on community property rights in Kerinci District Police and how to overcome these constraints.
EKSEKUSI TERHADAP PIDANA TAMBAHAN BERUPA UANG PENGGANTI PADA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN NEGERI PADANG (Studi Putusan Nomor: 19/Pid.Sus-TPK/2015/PN Pdg) Yusuf, M
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.8

Abstract

Broadly speaking, the execution is one of the jurisdiction of the prosecutor as regulated by the law to enforce the judge's decision, as well as the additional criminal under Article 10 point (b) of the Criminal Code and Article 18 Paragraph (1) of Law Number 31 Year 1999 regarding Eradication of Corruption. In fact it is undeniable that corruption is currently one of the extraordinary crimes that have an impact on the state's financial losses, which are of the essence in returning the state's losses, particularly with regard to the execution of additional crimes in the form of substitute payments on corruption. The problems in this thesis are: Firstly, how is the execution process of additional criminal in the form of replacement money on corruption crime by Padang State Attorney ?. Secondly, what are the obstacles encountered by the Padang District Attorney in the execution of additional crime in the form of substitute money on corruption and how is the effort to overcome these obstacles?. Specification of this research is an analytical descriptive research. Approach method used is normative juridical as main approach and supported by empirical juridical approach. The data used are secondary data and primary data. The data obtained were analyzed qualitatively and presented analytically descriptively. Based on the research and discussion it can be seen that: First, the process of execution of additional crime in the form of replacement money on corruption crime by State Prosecutor of Padang is done through execution of court decision which has obtained legal force still done by prosecutor, after the clerk sends a copy of decision letter to him, this requires that a new execution be exercised by the prosecutor, after the clerk has sent a copy of the verdict to him, so the defendant refuses to be executed on the basis of the quotation of the permanent verdict in addition to the court's verdict giving no legal basis on the property of the accused that has been confiscated. This is based on the task of the Prosecutor as the executor to execute in accordance with existing legislation. Second, the obstacles encountered by the Padang District Attorney in additional criminal execution in the form of substitute money in corruption are the absence of a standard rule governing the execution mechanism, including guidance if the defendant is unable to pay for all or part of the additional penalty imposed. The easy access to double identity card making it difficult to trace the convicted property, the duration of the judicial process until the verdict has the legal power to keep the execution and the number of convicts who prefer to go through the additional criminal sanction of the additional criminal. While the efforts made by the State Prosecutor Padang is to reform the legislation related to the authority of the Public Prosecutor Office through the Attorney General to seize the assets of someone suspected of having committed a criminal act of corruption that harm the state finances.
EFEKTIVITAS PERAN SATUAN RESERSE NARKOBA POLRES BUKITTINGGI DALAM MENGATASI PENYALAGUNAAN NARKOTIKA Adi, Okriadi
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.9

Abstract

Narcotic is a substance or medicine that very important and needed to treat a certain disease. However, if misused or used not suitable with standard treatment will damage to personal or society especially young generation. Using of narcotic will make a big damage to the life and cultural values of a nation. Since October 2009, the government has approved the Law Number 35 Year 2009 about Narcotics. Based on this law, the Indonesian Police (Polri) changed the approach in eradicating narcotics. The Indonesian Police (Polri) is the front guard to fight the narcotic. The problem in this study are: First, how is the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police? Second, how is the effective of the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police? The approach uses in this research is the normative as the main approach and juridical empiric approach as support. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police is implemented in the preemptive, preventive, and repressive roles. Second, the implementation of the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police has been effective. It is proved by many cases of narcotic finished by the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police year 2015 – 2017 are year 2015 there were 47 cases with 63 suspected, year 2016 there were 48 cases with 69 suspected and year 2017 there were 48 cases with 59 suspected.
PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA sinaga, rustan
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.10

Abstract

Termination of employment has a very complex impact and tends to cause disputes between employers and workers. in various laws and regulations, mechanisms and procedures for termination of employment have been regulated with the aim that both businessman and workers can maintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning Industrial Relations Disput, the handling of employment disputes is the authority of the Industrial Relations Court at the local District Court. in addition to the judicial route (litigation) the settlement of disputes over termination of employment can also be settled outside the court (non litigation).In this study the author will focus on the settlement through justice (litigation). the issues discussed in this paper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Termination of Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties. in Writing this thesis the author uses the research of empirical law with normative juridical approach method supported by empirical juridical approach. Legal material collection techniques are carried out by means of library research and field research.The role of the Industrial Relations Court in the Padang Class IA Court, has resolved the case brought by the justice seekers to them, thereby granting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations Dispute Settlement.The implementation of the Industrial Relations Court Decision by the Parties has not been carried out optimally in according to the PHI decision in the Padang Class IA District Court, because there are no strict sanctions against disobedience of the parties who did not carry out the decision, namely the employer as the convicted party to carry out the PHI decision in the Padang Class IA District Court. Therefore, against those who do not comply with the ruling IRC, should be subject to strict sanctions in the form of temporary revocation of business licenses, and government needs to make regulations to regulate the sanctions against parties who do not comply with the ruling of the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the General Courts in general.
EFEKTIVITAS PERATURAN PRESIDEN NOMOR 44 TAHUN 2016 TERHADAP KESEMPATAN KERJA PRODUKTIF BAGI TENAGA KERJA DALAM KEGIATAN PENANAMAN MODAL PADA SEKTOR PERKEBUNAN DI SUMATERA BARAT Viana, Wira Okta
UNES Law Review Vol. 1 No. 1 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.11

Abstract

Presidential Regulation number 44 of 2016 regulates the list of closed business fields with requirements in the field of investment. The issuance of Presidential Regulation number 44 of 2016 is expected to be implemented effectively and efficiently to the opening of productive employment opportunities for workers in investment activities, especially in the plantation sector in West Sumatera.The issues raised in writing this thesis are: First how the effectiveness of Presidential Regulation number 44 of 2016 on productive employments opportunities for labor in investment activities in West Sumatera. Second the factors that hamper the effectviness of Presidential Regulation number 44 of 2016 on productive employment opportunities for labor in plantation investment activities in West Sumatera. Third how is policy of West Sumatera provincial government related to the effectiveness of presidential regulation number 44 year 2016 in productive employment opportunity for manpower in investment activity in West Sumatera.The research method used in the writing of this thesis is the normative juridical approach supported by empirical juridical approach through interview techniques and date collection techniques by the author at the Office of One Stop Service Integrated Servive Center (DPMPTSP) of West Sumatera Province and the Office of Manpower ang Tranmigration of Sumatera Province West. Based on the results of research and analysis, it can be concluded as follows: First effectiveness Presidential Regulation number 44 of 2016 on productive employment opportunities for labor in plantation investment activities in West Sumatera has been running effectively but still not maximal because it still encountered some obstacles and weaknesses in this Presidential Regulation and its implementation. Second The internal factors included the absence of provisions on the maximum dan minimum limits of plantation land use, business scale, and so forth. External factors included limited land fpr plantations, land with traditional customary community land, low labor human resources, and investment licensing issues that are perceived as inefficient. Third West Sumatera provincial governments have issued regulations stipulated in the Regional Regulation and Governor Regulation which is guided by the provisions of Presidential Regulation number 44 of 2016 and other legislation related to the increase of employment and investment activities, especially the plantation sector in West Sumatera. One of them is Regional Regulation of West Sumatera Province number 2 of 2014 concerning Investment and Regulation of Gubernur of West Sumatera number 70 year 2013 concerning General Plan of Capital Investment of West Sumatera.
PENGGUNAAN TINDAKAN TEMBAK DI TEMPAT TERHADAP PELAKU TERORISME OLEH DENSUS 88 DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH salem, agus
UNES Law Review Vol. 1 No. 2 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.20

Abstract

In recent years terrorism has become increasingly prevalent and shootings have often been carried out against terrorists against the police. In action against the perpetrators of theorism, Densus 88 often took action to place a shot. Such actions cause opposition to the principle of presumption of innocence. The specifications in this study are descriptive analytical. The results of the study are the rule of law which is the basis of the shooting in place against terrorists is Article 50 and 51 of the Criminal Code. The Chief of Police Regulation No. 1 of 2009 concerning the use of force in the Police Action is a number of basic principles on which firearms are used. Detachment 88 as the perpetrator of terrorism crackdown operations must pay attention to the principle of presumption of innocence by avoiding arbitrary actions and being outside the established procedures, both in law and other regulations.
PENERAPAN PIDANA TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN MENGGUNAKAN SENJATA API (Studi Putusan Nomor : 42/Pid.B/2016/PN.Swl dan Putusan Nomor : 43/Pid.B/2016/PN.Swl) Hendro, Bevi; Faniyah, Iyah; Wibowo, Adhi
UNES Law Review Vol. 1 No. 2 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.21

Abstract

Based on Article 363 paragraph (1) of the 4th Criminal Code, people who commit theft carried out by 2 persons together or more are threatened with a maximum imprisonment of 7 years. Therefore the Case of Crime of Theft with Violence using Firearms based on Decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. 1 (one) year and 10 (ten) months, charge the Defendant to pay a court fee of Rp. 5,000.00 (five thousand rupiah) and pay attention to Article 365 paragraph (2) of the 2nd Book of the Criminal Law. The specification of this research is descriptive analytical. While the approach method used is normative juridical. The data source used is secondary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the results of research and discussion, it can be concluded; First, the application of a criminal against a member of the National Police who commits a crime of theft with violence using firearms in the decision number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN.Swl are: Article 365 paragraph (2) of the 2nd Criminal Code, namely: "A maximum sentence of twelve years imprisonment, is imposed, (2nd) if the act is carried out by two people together or more", with the elements of criminal charges of the Prosecutor General, namely: Whose element of goods; Take something; Elements that are entirely or partially owned by others; Elements With the intention to be owned illegally; Elements That are carried out preceded by, accompanied by, or followed by violence or threats of violence, against a person with a view to preparing or facilitating theft, or in the event of being caught red-handed, to allow themselves to escape or other participants, or to retain possession of stolen property; Elements are carried out by 2 (two) people or more together. Secondly, the consideration of the judge in the application of the criminal to a member of the police who committed a crime of theft with violence using firearms in the decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. Swl are: juridical considerations: prosecutor's indictment, witness testimony, defendant's testimony, evidence. considerations that are non-juridical: the background of the defendant and the religion or belief held by the defendant, the physical and spiritual condition of the defendant, as a result of the defendant's actions
EFEKTIVITAS PENYIDIKAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN DI KABUPATEN SOLOK SELATAN (Studi pada Direktorat Reserse Kriminal Khusus Kepolisian Daerah Sumatera Barat) Pamungkas, Darmadi Prapto
UNES Law Review Vol. 1 No. 2 (2018)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.22

Abstract

Indonesia is the rich country of mine, such as gold, silver, petroleum, mine, etc. Management of mine should be done by government or private. Every mining company obligated to get license as regulated in the Regulation Number 4 Year 2009 about Mineral Mining Juncto the Government Regulation Number 23 Year 2010 about the Implementation of Mineral Mining. In fact, not all companies have license. There are so many companies operate illegal. One of them is gold mining without license (PETI). The specification of the research is descriptive analytic. The methods used are normative as primary approach and juridical empiric method as secondary approach. The sources of data are secondary and primary. The techniques of collecting data uses field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive qualitative form. From the research results obtained several conclusions: First, the effective of investigation gold mining without license by Directory of Reserve Special Criminal of West Sumatera Police based on the data got can be seen clearly effective because from 3 (three) cases all has been investigation and submitted to Court. Second, the obstacles faced by Directory of Reserve Special Criminal of West Sumatera Police in executing of gold mining without license (PETI) in South Solok Regency consist of: (a) no synergy in supporting the law enforcement together between instances and other because the agents of gold mining without license (PETI) are backed up by law enforcer, government until traditional viewers; and (b) limited tool such as no double garden cars or boat to reach field and no communication satellite which can be operated in the unreached location by phone signal.

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