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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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IMPLEMENTASI MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PENGRUSAKAN (Studi Pada Sat Reskrim Polres Solok) Nursin, Hendri; Fitriati, Fitriati
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.38

Abstract

Penal mediation is one of the means of resolving criminal acts that have often been carried out by law enforcement officials, especially at the level of investigations in the police as explained in the letter of the Chief of Police No: B / 3022 / XII / 2009 / SDEOPS, December 14, 2009 concerning Handling Case Through Alternative Dispute Resolution (ADR). Specifications in this study are descriptive analytical. The reason mediation model carried out by the Aro police station The likes of resolving criminal cases are mediation victim-offender models. This model places more emphasis on mediation between victims and perpetrators involving various parties who meet. The mediator can come from a formal official, independent mediator or combination. In this case the mediators involved were ninik mamak and local adat stakeholders and even the Kerapatan Adat Nagari (KAN). The obstacle encountered in the reasoning mediation of the Aro Suka police station is that there is no explicit regulation as a legal aspect governing reason mediation in the settlement of criminal cases, then the Police cannot fully act as mediators in the settlement of criminal cases through reasoning mediation, and there are still some people argues that all criminal cases can be carried out reason mediation or peace efforts between litigants. The effort that must be made is to encourage customary institutions in the nagari along with their traditional leaders to assist the National Police in resolving criminal cases whose source of problems starts from the issue of inheritance, inheritance, customary titles and so on.
ANALISIS KRIMINOLOGI TINDAK PIDANA PENIPUAN OLEH ANGGOTA POLRI DI POLRES SOLOK SELATAN Henwel, Henwel
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.39

Abstract

In committing a crime of fraud, of course, a perpetrator must have tactics or methods used in carrying out the action, because this is done by the deceiver so that his goal to cheat can be achieved. Associated with fraudulent crimes that occur in South Solok can not be separated from various factors that encourage the perpetrators to do these actions, ranging from economic, social motives and may even be driven by evil instincts that exist in my servants. Every criminal act committed is closely related to the character and character of a criminal.
TEKNIK DAN TAKTIK PENYIDIK DALAM PENETAPAN TERSANGKA PADA TINDAK PIDANA PORNOGRAFI MELALUI INTERNET (Studi Pada Direktorat Reserse kriminal Khusus Polda Sumbar) JL, Jamaldi; Ferdi, Ferdi
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.40

Abstract

The pornography crime through the internet is regulated in Article 27 paragraph (1) of the ITE Law. The difficulty in investigating is collecting evidence to determine suspects from pornography crimes through the internet. This research is legal research with analytical descriptive specifications. The results of the study show that the investigator's technique and tactics in determining suspects in pornography crimes through the internet is by first proving the existence of errors or elements of harmony from the person who became an actor in the pornographic video and the mistake of the perpetrator who recorded and distributed the video. There is a possibility that the two involved can be made suspects. The obstacle in determining suspects in pornography is that there are no witnesses who know directly.
EKSEKUSI BARANG SITAAN TINDAK PIDANA KORUPSI YANG TIDAK SESUAI DENGAN NILAI KERUGIAN NEGARA PADA WILAYAH HUKUM KEJAKSAAN TINGGI SUMATERA BARAT Irawadi, Nanang
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.41

Abstract

The state losses on corruption can be preceded by the seizure formulated in Article 1 number 16 of the Criminal Procedure Code. Objects that do not match the amount to the value of the State losses become an issue on the execution of the judge's verdict. The specification in this research is descriptive analytical. The results of research indicate that the implementation of additional criminal state losses relating to objects or convicted goods that have been confiscated at the stage of investigation and prosecution is to the confiscated body status dirobah into objects used to pay additional penal redress state losses. If sufficient confiscated goods will be immediately taken over by the State, if less than the amount of criminal liabilities of the State shall be added by the convict with his other property. If there is an excess it will be refunded or set its status with the judge's determination. the constraint faced by the Prosecutor in executing the execution associated with confiscated objects is the unclear amount of the wealth of the convicted person. There are those who intend to pay but can not afford to pay at once. The existence of the property of the convict has moved into a domicile but is not known to exist. The existence of a conspiracy between the convicted person and the examiner team of the convicted property. As a result of manipulation of data stating that the convicted person does not have enough wealth to pay the replacement money.
EFEKTIVITAS PENGGUNAAN KEKUATAN OLEH KEPOLISIAN DALAM MENANGANI AKSI UNJUK RASA ANARKIS DI KOTA PADANG (Studi Pada Satsabhara Polresta Padang) Saputra, Sigit; Rosadi, Otong
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.42

Abstract

Broadly speaking, gather and issue opinions as stipulated in Article 28 (e) Paragraph (3) of the 1945 Constitution, independence expresses opinion as stipulated in Law No. 9 of 1998, then everyone has the right to freedom of association. The practice is in the field, many demonstrations taste or demonstration that ended in riots that led to anarchists. In carrying out the task of handling mass riots during the Police demonstration using 1) Perkap No. 16 of 2006 concerning Mass Control Guidelines, 2) Protap/1/X/2010 concerning Countermeasures for Anarchy, 3) Perkap No. 1 of 2012 concerning Mass Unraveling Platoon, 4 ) Perkap No. 7 of 2012 concerning Procedures for Organizing Services, Safeguards and Handling of Cases of Public Opinion. The problems in this thesis are: First, how is the use of force by the Padang Police Satsabhara in dealing with anarchist demonstrations in Padang City? Second, the obstacles encountered by Padang Satsabhara in handling anarchist demonstrations in Padang City and how to overcome these obstacles? Third, how effective is the use of force by the Padang Police Satsabhara in handling anarchist demonstrations in Padang City?The specification of this research is a descriptive analytical study. The approach used is normative juridical as the main approach and supported by an empirical juridical approach. The data used is secondary data and primary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the research and discussion, it can be seen that: First, the use of force by Satsabhara Polresta Padang in handling anarchist demonstrations in Padang City includes organizing services, organizing security and handling cases, carried out by using force, such as in the preparation stage before the demonstration , in the event of anarchist demonstrations and at the time of anarchist demonstration activities are over. Second, the obstacles encountered by Padang Satsabhara Polresta in handling anarchist demonstrations in Padang City are human rights problems, provocation from certain parties, legal unconsciousness of the community and lack of coordination with the Police and related agencies. Whereas the efforts made in handling the demonstration are; a). pre-emptive effort, b). preventive efforts, c). repressive efforts. Then the Police also made several efforts, namely by increasing the professionalism of members of the Police, coordinating with relevant agencies and conducting legal counseling to the community. Third, the effectiveness of the use of force by the Padang Police Satsabhara in handling anarchist demonstrations in Padang City based on its duties and authorities has shown performance in police actions to deal with anarchic demonstrations in Padang City that are optimal with the number of anarchist rallies in Padang City that have been handled.
PERTANGGUNGJAWABAN PIDANA PADA TINDAK PIDANA PERAMPASAN HAK ATAS TANAH (Analisis Putusan Nomor 12/Pid.B/2014/PN.Kbr dan Nomor 17/Pid.R/2010/PN.Kbr) Bgr, Saifullah
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.43

Abstract

Crime art Deprivation of Land Rights is regulated among others in Article 385 of the Criminal Code with the threat of imprisonment for a maximum of 4 (four) years and also in Article 2 to Article 6 of Law Number 51 Prp Year 1960 with a maximum imprisonment of 3 (three) months and / or fines as much as Rp. 5,000, - (five thousand) rupiah. The problems described are, first, how is Criminal Accountability on Criminal Deprivation of Land Rights in Decision Number 12 / Pid.B / 2014 / PN.Kbr and Decisions Number 17 / Pid.R / 2010 / PN.Kbr, secondly how Judges Consideration in decides Criminal Case for Deprivation of Land Rights in Decision Number 12 / Pid.B / 2014 / PN.Kbr and Decision Number 17 / Pid.R / 2010 / PN.Kbr. The specification of this research is descriptive analytical, while the approach used is normative juridical, the data used is only secondary data collected through literature study, then analyzed qualitatively and presented in qualitative descriptive form. The first conclusion in the decision Number 12 / Pid.B / 2014 / PN.Kbr can be requested for criminal liability in accordance with Article 385 paragraph (4) of the Criminal Code, but the judge only decides for 3 (three) months, secondly on the decision Number 17 / P / R / 2010 / PN.Kbr pursuant to Article 6 paragraph (1) of Law Number 51 Prp Year 1960, but the judge decides 1 (one) month imprisonment.
PEMILU YANG BERINTEGRITAS DALAM NEGARA HUKUM DEMOKRATIS Helen, Zennis
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.44

Abstract

The journal entitled Elections with Integrity in the State of Democratic Law was made for several reasons. First, elections are a means of implementing popular sovereignty as the implementation of normative provisions of the 1945 Constitution of the Republic of Indonesia, especially Article 1 Paragraph (2) which states that "Sovereignty be in the hands of the people and carried out according to the Constitution, ". Sovereignty in the hands of the people is also manifested through elections as a means of rotating leadership both at the national and regional levels carried out through direct, general, free and confidential principles. Secondly, elections in the 1945 Constitution are carried out by a general election commission which is referred to by the General Election Commission (KPU), Third, because the means of implementing people's sovereignty carried out by the KPU must be carried out by people who are not only professionals but also must have the main requirements, namely having dignity and integrity, Fourth, so that the implementation of the election is on track in accordance with the provisions of applicable legislation, supervision must be carried out by Law No. 7 of 2017 on Elections called the Election Supervisory Body (Bawaslu) ) The General Election Commission (KPU), Bawaslu, as the EMB has hierarchical levels from the central, provincial and district / city levels. This journal has two problem formulations, namely First, What is the urgency of the election as the implementer of popular sovereignty? Second, what is the election with that integrity?
LEGALITAS PENGGUNAAN GPS SELAMA BERKENDARA MELALUI SMARTPHONE PASCA PUTUSAN MK NO. 23/PUU-XVI/2018 Nugraha, Xavier; Budianto, Anneta Cornelia; Hadiwidjayanti, Rizky
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.45

Abstract

Nowadays, using GPS as a navigator from smartphone is increasing, but it turns out there is a legal issue. This is related to the concept of driving with full concentration in Article 106 paragraph (1) of Law Number 22 Year 2009. In the explanation of Article 106 paragraph (1), there is an ambiguity in the interpretation between being able to use GPS, as long as it does not cause a concentration disturbance in driving or it is prohibited from using a cellphone at all, which means, using GPS via a smartphone is not allowed. This research is a study using normative law, with primary legal materials is legislation related to the use of GPS through smartphones during driving, such as, Law Number 22 Year 2009 concerning Road Traffic and Transportation and Constitutional Court Decision No. 23 / PUU-XVI / 2018, while materials Secondary law consists of books, journals, and other sources that are relevant. Based on the results of this study, it was found that the Constitutional Court provided an interpretation, that using GPS via a smartphone during driving was permitted, but it should not cause a concentration disturbance while driving and the application of such sanctions was casuistic. Keywords: GPS, smartphone, driving with full concentration,
OPTIMALISASI OPERASI BINA KUSUMA DALAM USAHA MENANGGULANGI PREMANISME DI WILAYAH HUKUM POLRES TANAH DATAR Ramadan, Ahmad
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.47

Abstract

Bina Kusuma's Operation is the Operation of the West Sumatra Regional Police Control in order to suppress disruption of community security. One of the disturbances of Khamtibmas that occurred in the jurisdiction of the Tanah Datar police station was the act of thuggery. The problems that are examined are the implementation and constraints and optimization of bina kusuma operations in order to combat thuggery in the jurisdiction of the Tanah Datar police station by Bhabinkamtibmas. this research is legal research with analytical descriptive specifications. The implementation of the Operation Bina Kusuma at the Tanah Datar Police Station put forward the efforts of guidance and prevention. At Operation Bina Kusuma the Tanah Datar police station held raids on thugs to locations prone to thuggery and criminal acts. The constraints faced are the weakness of the planning system in developing a thuggery prevention plan. Optimizing the prevention of thuggery through bina kusuma operations at the Polres Tanah Datar can be done by realizing coordination and synchronization between district governments to jointly integrate and synchronize each task and its responsibilities according to its authority.
PERLINDUNGANSAKSI PELAPOR DALAM PERKARA PENYALAHGUNAAN NARKOTIKA PADA TINGKAT PENYIDIKAN (Studi Pada Satuan Reserse Narkoba Kepolisian Resor Kota Padang) Amris, Anton
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.48

Abstract

The protection of the reporter as a witness who is willing to provide information for the purpose of disclosing criminal acts of drug abuse is regulated in Article 5 of Law Number 31 Year 2014 concerning Protection of Witnesses and Victims and Article 100 of Law Number 35 Year 2009 concerning Narcotics. The need for reporters to be given protection is very important to increase the participation of the community in helping law enforcement officers prevent and eradicate and disclose the proliferation of narcotics circulation. But in practice there are still many witnesses who do not want to provide information due to the lack of adequate guarantees for the protection provided by law enforcement officials.

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