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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 PERAN TIM SABER PUNGLI KOTA SAWAHLUNTO DALAM PENCEGAHAN PUNGUTAN LIAR DI SEKTOR PELAYANAN PUBLIK Siregar, Antoni
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.206

Abstract

Optimization of the role of the Saber Extortion Team in Sawahlunto City in Combating Illegal Charges in the Public Service Sector has not been optimal because the perpetrators are only given a warning, not action. The role of the Saber Extortion Team is to develop an information technology-based service system to reduce the direct relationship between officers and the community. Second, the Supporting and Inhibiting Factors in the Role of the Saber Extortion Team in Sawahlunto City in Combating Illegal Charges in the Public Service Sector are law enforcement factors. There are law enforcers here, namely the Saber Extortion Task Force who act less professionally because state officials or apparatus as long as they are paid a small salary and have so much authority then illegal levies will continue. There are team members who actually also commit extortion against the perpetrators of extortion they supervise. Furthermore, the factors of facilities and facilities that affect the enforcement of illegal levies in terms of facilities or facilities are incomplete files, lack of communication between institutions, lack of facilities/facilities and the existence of side tasks for members. To support the role of the Task Force, obstacles also come from the community, namely public legal awareness, many people want to report illegal levies but they choose not to report for various reasons.
KOORDINASI ANTARA MUSYAWARAH NAGARI (MUSRI) DENGAN BHABINKAMTIBMAS POLRES SAWAHLUNTO DALAM PENANGGULANGAN KEJAHATAN DI KOTA SAWAHLUNTO Joni, Asri
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.207

Abstract

The coordination between the nagari deliberation (Musri) in Sawahlunto City and the Bhabinkamtibmas of the Sawahlunto Police in dealing with crime is through unification activities carried out by Bhabinkamtibmas on the activities of the elements in Musri. Coordination is carried out to create a sense of security for the entire community, especially to anticipate crimes such as theft that often occur in Sawahlunto City. This coordination can also encourage people to exchange ideas. The existence of coordination between the Nagari Deliberation and Bhabinkamtibmas in Sawahlunto City which is carried out in each village makes it easier to control criminal acts in each region, as well as in conducting socialization, by inviting village heads and the community to submit and request information and input from the village community in Sawahlunto City. Obstacles in Empowering Nagari Deliberation Cooperation (Musri) in Sawahlunto City with Bhabinkamtibmas Sawahlunto Police in Crime Prevention include the presence of a third party who interferes in a problem, affecting the problem solving process carried out by Bhabinkamtibmas. Lack of understanding of the community towards the laws and regulations that apply so that many people who stumble into problems want to win on their own without thinking about other parties. Some of the Bhabinkamtibmas officers did not fully understand the problem-solving techniques they faced.
KEPASTIAN HUKUM TERHADAP PEMEGANG HAK MILIK DALAM PENERBITAN SERTIPIKAT TANAH GANDA PADA SATU BIDANG TANAH Fitriani, Lulu; Sofyan Pulungan, Muhammad; Wisnuwardhani Sadjarwo, Isyana
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.209

Abstract

Certificate of land ownership regulated in the Undang-Undang Pokok Agraria (“UUPA”) is an ownership proof of the land right where it becomes powerful evidence. The increasement of necessity of a land is not followed by the increasement of the availability of land that can be utilized by the society, which causes many disputes related to the ownership or land right. One of many problems that arises is double certificate on a land. Double certificate on a land causing risks on the owner of land right where such phenomena caused by the maladministration to criminal action. Badan Pertanahan Nasional (“BPN”) as an institution established by the Government that holds the sole authority in national land should be responsible in the matters related to the land dispute, especially double certificate. Beside that, there is a necessity on the legal protection to be provided by the State for the owner of land right to protect the rights of the land owner. The research performed using juridical normative with legislation approach and conseptual approach. Research result will be written in the form of explanatory-analysis where the writer explains the case in the case of lawsuit and the theories related with the problem, then analyzes the consistency between the problem and the applicable laws and regulations or theories. Keywords: Land Dispute, Double Certificate, Legal Protection.
ANALISIS YURIDIS TINDAK PIDANA ILLEGAL LOGGING DITINJAU DARI PERBANDINGAN HUKUM INDONESIA, FILIPHINA, DAN MALAYSIA Erlianto, Reviansyah; Siwi, Galih Raka; Donri, Wahyu
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.212

Abstract

Globalization certainly has an impact on developments in every country, therefore forest conversion activities are carried out with government permission. In practice, several acts of excessive forest exploitation were found which were classified as criminal acts of illegal logging. The purpose of this study is to understand the existence of the state in forest monitoring and management, and to compare illegal logging crimes in Indonesia, Malaysia, and the Philippines in terms of the laws and regulations of each country. The normative legal research method is in the form of secondary data, the author makes a legal comparison between the laws of the three countries collected through literature study. The results obtained, that the crime of illegal logging is a large and organized crime, in their regulations have condemned all actions related to environmental destruction including illegal logging, weak law enforcement is a factor that causes this crime to be repeated every year.
EKSISTENSI PARALEGAL SEBAGAI PEMBERI BANTUAN HUKUM DI PROVINSI MALUKU Mustamu, J.; Salmon, H.
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.213

Abstract

Law Number 16 of 2011 concerning Legal Aid mentions Paralegals as one of the Legal Aid Providers. Technically, the role of the new Paralegal is regulated in the Minister of Law and Human Rights Regulation Number 1 of 2018 concerning Paralegals. This study aims to examine the existence of paralegals in providing legal aid to the poor in one of the provinces in Indonesia, namely Maluku Province. The results of this study found Paralegal activities in Maluku Province, especially Ambon City, the obstacles for Paralegals in carrying out their roles and the solutions offered to overcome these obstacles.
IMPLEMENTASI PERMENKUMHAM NO.32 TAHUN 2018 TENTANG PERLAKUAN NARAPIDANA LANJUT USIA DI LAPAS KELAS IIB PARIAMAN Irito, Bayu; Fernandes Butar Butar, Herry
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.214

Abstract

In Indonesia, which is a country that upholds Human Rights (HAM), prisons generally consist of general and elderly inmates, therefore the existence of prisoners who can be said to be elderly has a meaning which is someone who has passed the age of 60 years, so the government make a breakthrough for how elderly prisoners are treated because elderly prisoners are people whose rights of independence are revoked by the court and the inmates can be said to have physical, mental, and social conditions that have started to decline or are no longer healthy can be said to be susceptible to disease , so that the government issued Permenkumham No. 32 of 2018 concerning the Treatment of Elderly Prisoners with the existence of this regulation, it is hoped that the implementation or application of all prisons in Indonesia can be carried out properly where the treatment of elderly inmates consists of: providing assistance to get access to justice; recovery and development of social functions; maintenance and improvement of the health status of elderly prisoners who have begun to decline; and protection of security and safety.
EKSISTENSI KLAUSULA PELARUNGAN BAGI SEAFARER DI INDONESIA Hutapea, Sintong Arion; Kusuma, Winanda; Kurnia, A. Cery
UNES Law Review Vol. 4 No. 2 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i2.217

Abstract

In the world of shipping, seafarers are bound by a Seawork Agreement (PKL) which contains requirements that must be obeyed by the parties. This includes a clause that is included in the seafarer's employment contract. Implications arising from the burial of the seafarer's corpse. The existence of a banning clause in the seafarer's employment contract. The role of the state in providing legal protection for seafarers from confinement. The ban must meet 4 formal requirements. The unbalanced bargaining position makes entrepreneurs and seafarers as parties ban clauses can appear in street vendors. Finally, the seafarer inevitably has to obey the PKL that has been agreed with the entrepreneur. States intervenes in ensuring the protection of human rights for seafarers from the prohibition clause, it needs to be done by making changes to the legal system which includes the legal structure, legal substance and legal culture
KONSEP CYBERBULLYING DALAM PERSPEKTIF HUKUM PIDANA Hariyanto, Hariyanto
UNES Law Review Vol. 4 No. 2 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i2.219

Abstract

This research is a normative legal research that aims to analyze the modus operandi of cyberbullying and analyze cyberbullying in the perspective of criminal law in Indonesia and other countries. The method in this study is a normative research method. The results of the study analyzed that the modus operandi of cyberbullying is various forms of bullying or bullying that is carried out through the internet. The modus operandi can be categorized into exclusion; flaming; impersonation/fake profiles; trickery; fraping; dissing; and cyberstalking. In Indonesia, cyberbullying is still not specifically regulated or limited. So the handling still depends on Law Number 19 of 2016 concerning Electronic Information and Transactions. Likewise in the Criminal Code the crime of cyberbullying is only limited to insults and defamation. An adequate discussion regarding cyberbullying is contained in Arkanas Regulation (AR Code) AR Code 5-71-217 (2015) in points (b), (c) and (d) as well as in the EU's Criminal Law in Conclusion of the Council 2009/C62 /05 of 27 November 2008 and the 2011/92/EU Directive on combating inappropriate treatment in cyberspace. This research is a normative legal research that aims to analyze the modus operandi of cyberbullying and analyze cyberbullying in the perspective of criminal law in Indonesia and other countries. The method in this study is a normative research method. The results of the study analyzed that the modus operandi of cyberbullying is various forms of bullying or bullying that is carried out through the internet. The modus operandi can be categorized into exclusion; flaming; impersonation/fake profiles; trickery; fraping; dissing; and cyberstalking. In Indonesia, cyberbullying is still not specifically regulated or limited. So the handling still depends on Law Number 19 of 2016 concerning Electronic Information and Transactions. Likewise in the Criminal Code the crime of cyberbullying is only limited to insults and defamation. An adequate discussion regarding cyberbullying is contained in Arkanas Regulation (AR Code) AR Code 5-71-217 (2015) in points (b), (c) and (d) as well as in the EU's Criminal Law in Conclusion of the Council 2009/C62 /05 of 27 November 2008 and the 2011/92/EU Directive on combating inappropriate treatment in cyberspace.
PELAKSANAAN HAK KLIEN PEMASYARAKATAN UNTUK MEMPEROLEH BIMBINGAN DI BALAI PEMASYARAKATAN KLAS I PADANG Rahman, Retno
UNES Law Review Vol. 4 No. 1 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i1.220

Abstract

One of the goals of the Correctional System is to prepare Correctional Inmates (WBP) or hereinafter referred to as Correctional Clients so that they can integrate in a healthy manner and play a responsible role again in the family and the wider community. Class I Correctional Center Padang as a Technical Implementation Unit from the Ministry of Law and Human Rights of West Sumatra as a law enforcer who carries out duties in the field of guiding Correctional Clients who must carry out correctional duties and functions based on applicable legal rules so that the fulfillment and protection of Human Rights can be realized. The fulfillment of the client's rights is regulated in the Law of the Republic of Indonesia Number 12 of 1995 concerning Corrections and the rules for its implementation.
METODE PENANGGULANGAN TINDAK PIDANA CYBERBULLYING Jamaludin, Jamaludin
UNES Law Review Vol. 4 No. 2 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i2.221

Abstract

Cyberbullying is considered a serious bullying problem. The effects of cyberbullying can cause victims to feel depressed, depressed, and even commit suicide. Various methods of overcoming cyberbullying, starting from countermeasures through family, the surrounding environment to the legal system that will be used, must be enforced. This research is a normative legal research that aims to analyze methods of overcoming cyberbullying actions through penal and non-penal. The results of this study indicate that the methods of overcoming cyberbullying through penalizing efforts include: the Criminal Code, Law Number 19 of 2016 concerning Amendments to Law Number I1 of 2008 concerning Information and Electronic Transactions, and the Indonesian National Police. . While the methods of overcoming cyberbullying through non-penal efforts include: Countermeasures from KOMINFO, the community, and countermeasures from the victims themselves.

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