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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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ANALISIS YURIDIS PERSEROAN PERORANGAN DITINJAU DARI UNDANG-UNDANG CIPTA KERJA DAN UNDANG-UNDANG PERSEROAN TERBATAS Putri, Sylvia; Tan, David
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.239

Abstract

The current crisis situation, due to the Covid-19 pandemic, has caused the government to enact the Job Creation Law as an effort to advance the economy, in particular, micro and small businesses. The existence of the Job Creation Law expands the concept of a limited liability company with the recognition of a new legal entity, namely an individual company. The existence of an individual company gave birth to a number of contradictions in the basic concept of a limited liability company. This normative juridical research will discuss the regulation of micro and small business criteria based on the Job Creation Law and the limited liability company law as well as legal loopholes and proposed improvements. This study aims to determine the arrangements related to individual companies. The results of the study indicate that the legal basis for individual companies still has legal loopholes so that the government plays an important role in strengthening the regulation.
KEPASTIAN HUKUM BAGI PENANAM MODAL ASING SEHUBUNGAN DENGAN INKONSTITUSIONAL UNDANG-UNDANG CIPTA KERJA Jason, Ferdinand; Tan, David
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.240

Abstract

Foreign Investment or commonly referred to as PMA is an investment activity carried out by foreign investors with the aim of being able to expand business or business in a country territory. In this case, the Indonesian government is trying to improve the investment climate in Indonesia by presenting the Job Creation Law. The existence of the Employment Creation Law has created a number of contradictions with the laws and regulations. This normative juridical research will discuss legal certainty for foreign investment in relation to the constitutional work creation law. This study aims to determine the basis and reasons for the formal examination of the Job Creation Act in the Constitutional Court, as well as to determine legal certainty for PMA. The results of the study indicate that legal certainty for PMA is currently a problem, so that the government plays an important role in making policies that do not harm the parties.
IMPLIKASI PEMILIHAN KEPALA DAERAH SERENTAK SEBAGAI PERWUJUDAN DEMOKRASI PADA MASA PANDEMI COVID 19 DI KABUPATEN PESISIR SELATAN Febri Handra, Aqri
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.241

Abstract

Simultaneous Pilkada in 2020 should be used as the beginning for quality democracy. The COVID-19 pandemic has caused several changes in the implementation of regional elections, in accordance with KPU Decree Number: 179/PL.02-kpt/01/KPU/III/2020 concerning Postponing the Stages of Elections for Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayor and Deputy Mayor in 2020 in Efforts to Prevent the Spread of Covid-19. These regulations, among others, regulate the postponement of the 2020 Pilkada stages in several parts, such as the inauguration and tenure of the Voting Committee (PPS), verification of the support requirements of individual candidates, the formation of a Voter Data Update Officer (PPDP) and the implementation of matching and research (coklit), as well as updating and preparation of voter lists. Analysis and discussion of the results obtained the following answers: (a) The implications of implementing simultaneous regional head elections as a manifestation of democracy during the Covid 19 pandemic in Pesisir Selatan Regency, namely increasing voter participation in the 2020 Pilkada compared to the 2015 Pilkada. The next implication is the emergence of disputes over the results of the vote in the election. (b) Obstacles in the implementation of simultaneous regional head elections as a manifestation of democracy during the Covid 19 pandemic in Pesisir Selatan Regency, namely the non-neutrality of the State Civil Apparatus in organizing the Pilkada by committing violations at several stages of the election
UPAYA PENCEGAHAN POTENSI TERJADINYA TINDAK PIDANA KORUPSI PADA PROSES PENERIMAAN CALON ANGGOTA POLRI MELALUI WHISTLEBLOWING SYSTEM (Studi Pada Biro Sumber Daya Manusia Polda Sumatera Barat) Saputra, Eggy
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.242

Abstract

Professional recruitment of members of the National Police is a must as regulated in Perkap Number 10 of 2016 concerning the Admission of Candidates for Members of the Indonesian National Police. The National Police presents a whistleblowing system application in order to prevent the occurrence of criminal acts that occur in the process of accepting prospective members of the Police. Through the National Police Chief's Decree Number: Kep/274/11/2019 concerning Team Membership Structure and the Use of the Whistleblowing System Application for the Admission of Police Candidates, this is an internal effort made by the National Police in preventing the practice of irregularities both ethically by the Police and acts that are included in Corruption.
PERTIMBANGAN HAKIM TERHADAP KETERANGAN AHLI PADA TINDAK PIDANA KORUPSI PENGADAAN BARANG/JASA PEMERINTAH (Analisis Putusan Nomor : 2421k/Pid.Sus/2016 Dan Putusan Nomor : 32/Pid.Sus-Tpk/2016/Pn.Pdg) Satria Putra, Agung
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.243

Abstract

The judge's consideration of the expert's statement from the LKPP RI on corruption in the Government Procurement of Goods/Services was used as the basis for making a decision in the form of punishment, which in Decision Number: 2421 K/PID.SUS/2016/PN/PDG the defendant as the Budget User has committed mistakes in classifying procurement packages that should be done separately but combined, determine the winner of the tender before the tender process is carried out. In the Decision Number: 32/Pid.Sus-TPK/2016/PN.Pdg in the opinion of the Expert it is a violation when the work is not completed, then the implementation guarantee cannot be realized/disbursed in accordance with what is stipulated in Article 3 Paragraph (1) letter f and Paragraph (2) letters b, e, f, g and h of Perka LKPP Number 7 of 2011 concerning Technical Guidelines for Black List Operations. This LKPP Expert's consideration is used as the basis by the Judge in his decision. The application of the punishment in Decision Number: 2421K/PID.SUS/2016 is to declare the defendant guilty for fulfilling the elements of Article 3 of the Corruption Crime Act. Sentenced to a sentence of 2 years 6 months in prison, and a fine of Rp. 50,000,000. The Decision Number: 32/Pid.Sus-TPK/2016/PN.Pdg states that the defendant is proven guilty of abusing his authority on the joint procurement of government goods and services as regulated in Article 3 of the Anti-Corruption Law and is sentenced to imprisonment for 1 (one) year. ) years and a fine of Rp. 50,000,000.00 (fifty million rupiahs) provided that if the fine is not paid, it will be replaced with imprisonment for 1 (one) month. This penalty is lighter than the decision in Decision Number: 2421K/PID.SUS/2016 due to the consideration of the defendant's ignorance of several provisions for the procurement of government goods and services.
PENEGAKAN KODE ETIK DAN DISIPLIN TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA OLEH SEKSI PROFESI DAN PENGAMANAN (Studi Pada Seksi Profesi dan Pengamanan Polres Pasaman Barat) Dapit, Keling
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.245

Abstract

The Police Code of Ethics and Discipline is a guideline how to act and the behavior of Polri personnel as stated in Article 18 paragraph (2) of Law Number 2 of 2002 concerning the Indonesian National Police. In its implementation, it is undeniable that there has been wrong behavior by members of the National Police, so it is necessary to enforce a code of ethics and discipline by the Provos Unit at the Polres level as regulated in Article 12 paragraph (2) of Perkap Number 2 of 2021 concerning Organizational Structure and Work Procedures at the Resort Police Level. And the Sector Police. This is because the behavior of violating the code of ethics and discipline carried out by members of the National Police in addition to having an impact on the internal police also affects public trust. the enforcement of the code of ethics and discipline against members of the police who commit criminal acts by the profession and security section is carried out after completing the criminal justice process, by holding a KEPP trial to determine sanctions for suspected violators including forms of criminal acts committed related to the subsequent membership status of the Police. the obstacles in enforcing the code of ethics and discipline by the professional section and securing the members of the National Police who commit criminal acts include internal obstacles, namely if PTDH is carried out there will be a shortage of personnel at the West Pasaman Police. Furthermore, the external constraint is that if PTDH is not carried out, it will adversely affect public trust in the Polri institution. the efforts of the profession and security section in overcoming obstacles to enforcement of the code of ethics and discipline against members of the police who commit criminal acts are in imposing sanctions on suspected violators being given the opportunity to remain as members of the National Police and monitoring by the Provos Unit in order to foster suspected violators to comply with the disciplinary regulations of members. Polri as stipulated in Government Regulation Number 2 of 2003 concerning Disciplinary Regulations for Members of the Indonesian National Police.
PENERAPAN KLAUSULA BAKU PADA PRASYARAT JUAL BELI JUNK FOOD DITINJAU DARI HUKUM BISNIS Vivian, Fiona; Fitri, Winda
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.248

Abstract

The phenomenon of junk food is growing rapidly at this time. Although most junk food ultimately harms the health of consumers, buying and selling junk food is not illegal. As a general rule, both the seller and the buyer are free to determine the type, content and form of the contract. However, the existence of standard clauses as a means to facilitate sales transactions between producers and consumers has proven to be widely misused by sellers with standard clauses that are detrimental to consumers, such as "for take away food, an additional fee in the form of a takeaway charge is imposed." The application of the standard clause makes the seller has a stronger position and cause losses for the buyer. This type of research is normative legal research. The results show that basically the standard clause is not prohibited, as long as there are no elements that harm other parties. Provisions for the inclusion of standard clauses are regulated in Article 18 of the UU PERLINDUNGAN KONSUMEN. The advantage of using standard clauses in junk food agreements is that it gives consumers the benefits of time efficiency and equal service, but the disadvantage is that consumers do not have the opportunity to negotiate and decide on the contents of the contract, leaving only the choice of accept or leave. As a result, consumers become vulnerable, there is an imbalance of rights and obligations between economic actors and consumers, and consumers are more disadvantaged.
EFEKTIVITAS PENERAPAN CUSTOMER DUE DILLIGENCE PADA NASABAH BPR DALAM PENCEGAHAN PENCUCIAN UANG DI BATAM Kho, Leslyn; Tantimin, Tantimin
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.251

Abstract

Banks are financial institutions that are quite needed by the community. Banks are characterized as insufficient domestic resources of domestic enterprises, low degree of structural transformation, inefficient government support, lack of policies to stimulate investors, imperfect legislative framework, high credit risk, associated with insufficient solvency of enterprises, underdevelopment of innovation and investment infrastructure. With the ease of facilities provided by banks, including the confidentiality of transactions, it is not surprising that many experienced actors use banking as a medium for money laundering. Even so, banks also have ways to prevent these criminal acts, one of which is through Cuctomer Due Dilligence (hereinafter abbreviated as CDD). This research method is carried out using empirical research methods with the research location being BPR in Batam. The results showed that at BPR Batam, CDD was carried out by updating data every 1 (one) year for customers with low to moderate risk. Meanwhile for high risk customers, CDD is conducted every 6 (six) months. The application of CDD at BPR Batam has proven to be effective in preventing money laundering practices. Regular updates allow banks to monitor each customer and their transactions. The effectiveness of the implementation of CDD is proven because there has never been any money laundering practice committed by customers at BPR Batam.
TINJAUAN YURIDIS ATAS SENGKETA KEPEMILIKAN TANAH DI DESA PEMATANG JOHAR, KECAMATAN LABUAN DELI KABUPATEN DELI SERDANG (STUDI KASUS PUTUSAN PN NO.112/PDT.G/2017/PN.LBP) Rizal, Said; Chayadi, Bobby; Fredorico, Lineus; Lase, Tania Novebriani
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.263

Abstract

The importance of soil for human life so it is not surprising if every human being wants to own or control it which results in the emergence of various land problems or land conflicts in Indonesia. Land grabbing cases that have occurred in Indonesia are not something new. The word sequestration itself can be interpreted as: the act of taking rights or property arbitrarily or with not heeding laws and regulations, such as occupying land or houses others, to which they are not entitled. Land grabbing action illegal is an act that is against the law under civil law. The objectives of this study are (1) How to regulate ownership disputes land based on the Civil Code Law, (2) What are the considerations? judges in land ownership disputes in PN No.112/Pdt.G/2017/PN Lbp. Normative juridical research is defined as research law that puts the law as a building system of norms. Sources of data used in this study sourced from primary data and secondary data. This study uses data collection techniques in the form of documentation studies by only analyzing written legal materials. Analysis the data in this study using data analysis research methods qualitative. The results of this study are, Dispute Arrangements Land Ownership Based on the Civil Code, for rights property is arranged in Article 16 of Law No. 5 of 1960 concerning The Basic Agrarian Law concerning hereditary rights, the strongest and most fulfilled and Article 1866 of the Civil Code as well as Article 23 and Article 24 of PP 24/1997 which regulates the proof of land rights for the purposes of registration of land rights. The judge's consideration in deciding that it is true that there has been land grabbing by the Defendant I over the land the inheritance of the plaintiff's parents is due to the evidence of an act, the act is against the law, there is a loss caused by actions taken and it has been proven that there has been a transfer of land rights.
ANALISIS DUGAAN PRAKTEK JUAL RUGI PRODUK IMPOR MELALUI SITUS E-COMMERCE SHOPEE Suci Rahayu, Adinda; Suherman, Suherman
UNES Law Review Vol. 4 No. 4 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.264

Abstract

Technology that is increasingly developing brings about a variety of changes in people's lives, one of which is in the trade sector. The changes in the trade sector have been marked by the advent of e-commerce, which has greatly benefited the community in terms of facilitating buying and selling transactions. Unfortunately, this change has also created some problems related to business competition, such as the alleged of predatory pricing by imported products on the e-commerce site Shopee, as described in Article 20 No. 5 of 1999 regarding Prohibition of Monopoly and Unfair Bussiness Practices. The purpose of this study is to determine the truth behind the phenomenon of selling-buying practices and how the measures taken by the Komisi Pengawas Persaingan Usaha (KPPU). Since this is a qualitative study using the normative jurisprudential method, the sources used come from both library data and primary, secondary, and tertiary legal materials. The results of this study state that foreign businesses selling inexpensive imported goods on the e-commerce site Shopee do not practice deficit selling. Despite the prices of the imported products listed are cheaper than the local products, but there are factors that basically affect those prices. In addition, this approach does not satisfy the monopoly factor. Moreover, the first action was taken by the KPPU was to discuss the matter with the government, which has prepared several steps for the future.

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