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Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
Journal Mail Official
editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
Location
Kota padang,
Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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
PENGATURAN KEWENANGAN KANTOR OTORITAS BANDAR UDARA DALAM PELAKSANAAN PENGAWASAN BANDARA MENURUT UNDANGUNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN (Studi Bandar Udara Minangkabau) Prasetya, Doni
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.v1i4.49

Abstract

Aviation security and safety has an important and strategic role in flight management, so that its operation is controlled by the State of Coaching carried out by the government in a unified civil aviation security and safety service system. Law No. 1 of 2009 concerning Aviation is to improve the surveillance system for airlines, including flight operators. In carrying out its duties, namely ensuring the level of suitability of the operator's application with applicable international rules. Therefore, the Minister of Transportation Regulation No. PM 41 of 2011 was formed concerning the Organization and Work Procedures of the Office of the Airport Authority (Minister of Agriculture Regulation No. 41 of 2011). This Ministerial Regulation changes the procedures of the previous organization, namely the Airport Administrator Office. This is an effort to realize the flight operations that are safe, secure, fast, smooth, orderly and integrated and integrated with other modes of transportation. Based on the results of the discussion and analysis it can be concluded that the Airport Authority Office of Region VI Padang as the Technical Implementation Unit, in the supervision function has become the duty and responsibility to monitor all activities of airport aerialism. In accordance with the regulations applicable, the Office of the VI - Padang Airport Authority conducts programs such as conducting field monitoring, conducting inspections, conducting Ramp checks and socializing the community and elements related to the latest regulations on aviation. The obstacles found in the implementation of the authority of the Airport Authority Office in the implementation of airport supervision there are still negligent / careless airline operators to follow up on issues found in the field which is a great potential that can threaten aviation safety and flight security. It still lows the fulfillment of the quality and quantity of Flight Inspectors and administrative officers at the Office of the Airport Authority. HR of both quality and quantity is still inadequate in carrying out its duties and functions.
PERAN PT. PEGADAIAN (PERSERO) DALAM PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Muhammad, Budi
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.v1i4.50

Abstract

Articles 111 to 126 of Law No. 35 of 2009 concerning Narcotics, determine the difference in criminality for narcotics abuse based on the severity of the evidence of abused narcotics. For this purpose the investigator must weigh the evidence by working with PT. Pawnshop. This research specification is Descriptive Analysis. The role of PT. Pegadaian (Persero) Padang in Narcotics Criminal Investigation is in the case of proof of narcotics crime in the activity of weighing the weight of evidence of drugs, must attach a request for weighing evidence of drug evidence and after completion of the weighing, a Minutes must be signed signed by both parties and witnessed by witness investigators or auxiliary investigators and suspects. Constraints include the lack of sophisticated tools that can be used accurately in weighing evidence of narcotics. On PT. Pegadaian holidays it is not open, while the detention process must be continued, and based on legal certainty, the law enforcement process must be quickly carried out. Lack of Human Resources at PT Pegadaian who is expert in weighing.
PENERAPAN PRINSIP LOCUS DELICTI DALAM PENYIDIKAN TINDAK PIDANA DI WILAYAH PERAIRAN (Studi Pada Direktorat Kepolisian Perairan Kepolisian Daerah Sumbar) Chandra, Renol
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.v1i4.51

Abstract

Article 73 of Law Number 45 of 2009 concerning Fisheries regulates the authority to investigate criminal acts in territorial waters by Aquatic Police Investigators. In the territorial waters there are so many criminal acts that occur where the crime scene (locus delicti) is in the territorial waters. To determine the place of occurrence of a crime is not easy, but determining the location of a crime case plays an important role for various problems in the criminal procedural law, namely concerning the interests of investigation and the relative competence of the court that will examine the case, as faced by Ditpolair Polda Sumbar in investigating fisheries
PEMBERIAN BANTUAN HUKUM BAGI ANGGOTA POLRI MELALUI PENERAPAN MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA Mayendi, Eri
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.v1i4.52

Abstract

The provision of legal assistance by the Regional Police Law is regulated in the Regulation of the Head of the Republic of Indonesia National Police Number 2 of 2017 concerning Procedures for Providing Legal Aid by the Indonesian National Police. The specifications in this study are descriptive analytical. The results of the study are First, Implementation of the settlement of criminal acts by applying penal mediation by legal counsel from the legal field of the Regional Police is to play a role in encouraging or proposing the selection of case settlement in non-litigation, facilitating the implementation of reasoning mediation, and becoming mediators. Advocates offer mediation only to apology or peace statements without being able to eliminate criminal justice processes for perpetrators. Victims who are not willing to be resolved by reason mediation and still demand that the case continue to the next stage as well as uncooperative suspects and the lack of understanding of the community regarding the use of reasoning mediation. They consider the reasoning mediation process pursued by legal advisors originating from the Polda legal field is an effort to free criminal offenders who have harmed the community.
OPTIMALISASI PENANGGULANGAN PUNGUTAN LIAR OLEH DIREKTORAT RESKRIM KHUSUS KEPOLISIAN DAERAH SUMATERA BARAT Purba, Binsar Henson
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.v1i4.54

Abstract

National extortion measures are regulated in the Republic of Indonesia Presidential Regulation Number 87 of 2016 concerning the Task Force for Clean Sweep of Illegal Levies. In West Sumatra, based on the West Sumatra Governor Decree number 0710-1247-2016, a Saber extortion team was formed. Various efforts have been made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies both repressively and preventively, but still need to be optimized again. This research specification is Descriptive Analysis. The efforts made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies are pre-eminent by instilling good values ​​/ norms so that these norms are internalized in a person. Furthermore, it is a preventative effort by conducting socialization to community service offices, making billboards / banners about illegal levies; and giving appeals to the public and repressive actions by taking legal action against illegal payments which are indicated as criminal acts. optimizing the role of the Ditreskrimsus Regional Police of West Sumatra in tackling illegal levies is done by increasing the capacity of the police organization's resources and the Criminal Policy approach in the form of a reasoning and non-reasoning policy.
PERLINDUNGAN HUKUM TERHADAP PETUGAS LEMBAGA PEMASYARAKATAN DALAM PELAKSANAAN TUGAS PENGAMANAN PADA LAPAS KLAS IIA PADANG M.H, Ernawati
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.v1i4.55

Abstract

Legal protection against Correctional Officers in carrying out security duties is based on Law No. 12 of 1995 concerning Correctional Services. Given the risks posed by security duties at Correctional Institutions, the Security Officers need to be given legal protection so that the aims and objectives of implementing security tasks can be achieved. which in turn the correctional goals themselves can be realized. With such a background, there are two main problems in implementing legal protection against correctional officers, namely: First What is the legal protection of Correctional Officers in the implementation of security duties at the Padang Class IIA Correctional Institution? Second What are the Constraints of Constraints encountered in the Implementation of Legal Protection for Correctional Officers in the Implementation of the Duty of Security at the Padang Class IIA Correctional Institution? The implementation of legal protection in terms of answering the existing problems, which is seen in the implementation in Padang Class IIA Lapas can be understood that the legal protection of correctional officers in Lapas Klas IIA Padang is carried out based on legal provisions regarding correctional facilities. In this case Padang Class IIA Lapas provides legal protection to correctional officers in carrying out security duties carried out in accordance with applicable legal rules concerning correctional duties and legal rules regarding security itself. The rule of implementative law regarding correcting about safeguards refers to legal rules regarding correctional codes of ethics and legal rules concerning the security of prisons regulated in Permenkumham Number M.HH-16.KP.05.02 of 2011 concerning the Code of Conduct for Correctional Staff and Permenkumham No. 33 of 2015 concerning Security at Penitentiary Institutions and State Detention Houses. The implementation of legal protection against correctional officers in carrying out security duties is carried out based on these legal rules, so that legal protection for correctional officers can be provided in the event that correctional officers carry out security duties based on applicable legal rules.
PENCEGAHAN TINDAK PIDANA KORUPSI PADA BIRO SARANA PRASARANA KEPOLISIAN DAERAH SUMATERA BARAT MELALUI PENERAPAN SISTEM ELEKTRONIK PENGADAAN BARANG/JASA Mairust, Supriadi
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.v1i4.56

Abstract

The West Sumatra Regional Police has implemented the procurement of auctions electronically through the West Sumatra Regional Police Infrastructure Bureau. Deviations in the process of procuring goods and services that are detrimental to state finances are a form of corruption. Efficient and effective procurement of government goods / services is an important part of improving state financial management. One of the manifestations is by implementing the process of procurement of government goods / services electronically. This research is a descriptive analytical study. The implementation of the electronic system for the procurement of goods / services auction at the West Sumatra Regional Police Infrastructure Bureau has provided all data and information stored by the LPSE Polri or LPSE Polda to be connected to the national goods / services procurement information center at LKPP as the national procurement portal manager. LKPP, as the manager of the national procurement portal, has the authority to provide guidance and supervision over the implementation of procurement of goods / services electronically within the Indonesian National Police. All costs incurred in managing LPSE are borne by the National Police DIPA. Constraints encountered in the application of electronic systems for the procurement of goods / services at the West Sumatra Regional Police Infrastructure Bureau were due to factors such as: Internal Constraints and External Constraints
KAJIAN KRIMINOLOGI TERHADAP TAWURAN YANG BERPOTENSI TINDAK PIDANA OLEH PELAJAR DI KOTA PADANG Rahmat, Budi; Fitriati, Fitriati
UNES Law Review Vol. 2 No. 1 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.57

Abstract

Various efforts were made by the regional government and law enforcement officials to tackle brawls between students in the city of Padnag, but there was no formulation of countermeasures that could eradicate fights between students in the city of Padang. This research is a legal research with analytical descriptive specifications with a normative juridical approach supported by an empirical juridical approach. The results showed that the causes of brawls among adolescents who have the potential for criminal acts in the city of Padang include internal factors, which are quite low self-control, lack of religious values ​​in themselves and want to see their existence. Furthermore External Factors include egoistic community, because of friend's invitation, because of a sense of solidarity, because of school selfishness and because of pressure and invitation from school alumni. Efforts made to combat the occurrence of fights between adolescents who have the potential for criminal acts in the city of Padang include preventive efforts, including through family channels such as supervision and family attention to other family members, school paths in the form of lightning pesantren, character and other education etc. and routine supervision. Repersive measures such as School actions to provide disciplinary penalties, legal processes by the police and conduct acts of arrest and coaching by the Civil Service Police Unit.
PEMENUHAN HAK ANAK SEBAGAI TERSANGKA DALAM PENYIDIKAN TINDAK PIDANA KECELAKAAN LALU LINTAS Afrino, Afrino
UNES Law Review Vol. 2 No. 1 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.58

Abstract

Lately, there have been frequent traffic accidents which have caused many losses. The Sijunjung Regional Police Laka Satlantas Unit has handled 35 cases of traffic accident committed by children, so far it has always prioritized child protection in examining children who are dealing with the field of law. This research is a descriptive analytical study. Adapaun the results of the implementation of the implementation of the fulfillment of children's rights as suspects in the investigation process, can be seen from careful actions carried out by investigators, meaning that if the cases carried out by children are still classified as minor acts, there should be no detention measures, whereas if the case is a criminal offense detention can be carried out, in the investigation process the suspect must be accompanied by his parents even though his legal advisor does not come to accompany the suspect. BAPAS in the inspection phase is obliged to assist the suspect. Examination of child suspects, it should be noted that there is a special room that is comfortable and friendly for child offenders, and the Diversion process is prioritized to achieve the best interests for children. Constraints encountered by the police in fulfilling children's rights as suspects in the process of investigating traffic accident crimes, namely in the process of investigating and detaining suspected children, where there are internal factors, namely members of Unit Laka personnel who are few in number, BAPAS sometimes unable to attend, legal counsel sometimes unable to attend. Efforts to overcome the obstacles that arise in the provision of children's rights as suspects in the investigation process of traffic accident crimes, where the Sijunjung Regional Police have dealt with these obstacles in accordance with what is needed, among others asking for funds to add detention rooms, writing BAPAS and legal counsel, and providing socialization to schools or to the community regarding enforcement of traffic laws in general and the protection of children in particular.
PERTIMBANGAN HAKIM PADA PUTUSAN PRAPERADILAN NO. 97/PID.PRAP/2017/ PN.JKT.SEL DAN N0 04/PID.PRAP/2015/PN.JAK.SEL TENTANG PENETAPAN STATUS TERSANGKA Dasrinal, Dasrinal
UNES Law Review Vol. 2 No. 1 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.59

Abstract

Determination of suspect status is an extension of the pretrial object. The problem is the consideration of pretrial judges in deciding pretrial applications to determine the status of suspects in case No. 97 / PID.PRAP / 2017 / PN.JKT.SEL and case No. 04 / PID.PRAP / 2015 / PN.JAK.SEL. This research is legal research with analytical descriptive specifications with a normative juridical approach. Normative legal research approach. The results showed that the Judge's consideration of the pretrial request was the validity of the evidence used as the basis for determining the suspect. Another consideration is the object of pretrial requests not the authority of a pretrial judge. Pre-trial Judge's Decision Against Pretrial Request Determination of the Status of Suspects is in part granted the Pre-trial Petitioner in part;

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