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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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PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN JACKPOT DI WILAYAH KOTA MEDAN Yudarwin, Yudarwin; Martua Sn, Sahat; Nazara, Ruthea; Sipahutar, Theresia
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.v4i4.267

Abstract

Gambling is betting an amount of money where the winner gets the bet money, as a form of game that is profitable for the main participants, and also all kinds of bets where those involved are not directly involved in the competition, including all kinds of other bets. Gambling is one of the criminal acts in Indonesia that is very disturbing to the public and needs to be eradicated more deeply. Nowadays, jackpot gambling is very common. Where the players range from adults, teenagers and minors, to women. Gambling no longer looks at age and gender. What's more, there are those who make this jackpot gambling their main livelihood. Therefore, the author wants to discuss more deeply about jackpot gambling. The author would like to study further about the crime of jackpot gambling with the title Thesis: "LAW ENFORCEMENT AGAINST THE CRIMINAL ACT OF JACKPOT GAMING IN THE CITY AREA". The purpose of this study is to find out how law enforcement against jackpot gambling crimes in the Medan city area according to article 303 of the Criminal Code and to find out what factors influence/cause the occurrence of gambling crimes among the community.
ANALISI PUTUSAN NOMOR 959/Pdt.P/2020/PN. Bdg. TENTANG PERKAWINAN BEDA AGAMAANALISI PUTUSAN NOMOR 959/Pdt.P/2020/PN. Bdg. TENTANG PERKAWINAN BEDA AGAMA Ananda, Berlian; Rizki, Rizki; Bangun, Dandi
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.v4i4.269

Abstract

Basically, humans were created to live in pairs or to marry, namely men and women. In Indonesia there are various ethnic groups, races and religions. These differences will affect the marriage between men and women that will be carried out. In fact, it has become a common thing if there are parties who carry out interfaith marriages. The rules regarding marriage are regulated in Law no. 1 of 1974 concerning Marriage. However, these regulations are not explicitly regulated regarding marriages of different religions. The purpose of this study is to understand the arrangement of judges in interfaith marriages, understand the judge's considerations in the decision Number 959/Pdt.P/2020/PN. cf. and to understand the legal consequences that will occur. This research uses a normative juridical system. The data sources used are secondary data by processing data from primary legal materials and secondary legal materials. In the form of laws, books on civil procedural law, opinions of legal experts and theses. The results of this study are interfaith marriages which are recognized by state law if they carry out civil registration, contained in Article 37 of the Law on Population Administration, but are not legal according to religion. Parties of different religions cannot carry out marriages based on the ordinance of religious marriages, there are religious differences.
TINDAK PIDANA DAN KONSEP HAK ASASI MANUSIA TERHADAP PENJUALAN ORANG (HUMAN TRAFFICKING) TERUTAMA PADA ANAK DAN PERMEPUAN Trivaldus Bambar, Atanasio
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.v4i4.270

Abstract

Tindak pidana perdagangan orang merupakan merupakan kejahatan yang terorganisir secara sistematis, dimana orang-orang yang termasuk didalamnya memiliki kepentingan-kepentingan secara pribadi dan atau kelompok. Tindak pidana perdagangan orang ini juga dikategorikan sebagai kejahatan yang melanggar HAM seseorang, dimana para pelaku menjajakan orang-orang untuk menjadi pekerja-pekerja yang memberikan keuntungan bagi mereka. Oleh karena itu, kajian yang diangkat ini merupakan langkah yang diharapkan bisa menjadi salah satu cara untuk memberantas tindak pidana perdagangan orang.
PELANGGARAN HAK ASASI MANUSIA PADA DEMONSTRAN KUDETA MYANMAR DITINJAU DARI PERSPEKTIF DEKLARASI UNIVERSAL HAK ASASI MANUSIA (DUHAM) Fernando Tampubolon, Daud Mahaldi; Pulung Sari, Retno Dewi
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.v4i4.271

Abstract

The Myanmar coup repeated itself in 2020 after it occurred in 1990 when Suu Kyi won the general election for the head of government from the NLD party. Triggered military unrest in Myanmar and carried out a leadership coup again, and arrested Suu Kyi for indications of fraud committed when the election will hold. The incident started a demonstration by the community against the Dimyanmar anti-coup was create chaos in the state of Myanmar. There have been many rejections made by the people of Myanmar towards the military intervention carried out at this time. As a result of this refusal, the military did inhuman things, such as arresting and shooting at demonstrators who demonstrated with the gimmick of security measures. They indicate the gross human rights violations that the military is currently confirming. After all, it has committed arbitrary actions against the protester and never underestimated. Hundreds of people get shot, and many are still unknown because they become hostages. On this basis, it is necessary to carry out a comprehensive study of the events that have occurred when there are victims who have fallen. Considering that legally the right to express an opinion is a fundamental right recognized by the ICCPR and DUHAM as the vanguard of the UN's seriousness in carrying out the mandate of recognizing human rights as a right. nature that is recognized and upheld.)
IMPLICATIONS OF IMPLEMENTING EDUCATION AND LEARNING IN HIGHER EDUCATION INSTITUTIONS POST COVID-19: OVERVIEW OF CHALLENGES AND STRATEGIC POLICIES Iping, Baso
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.v4i4.272

Abstract

This study aims to find out how the challenges of higher education institutions are after the Covid-19 pandemic and what are the strategic policies of higher education institutions in the implementation of post-covid-19 education and learning. The method used is descriptive method and the data collection method is through field research and literature. The data were then analyzed descriptively qualitatively. The results obtained: First, the challenges of higher education institutions after the Covid 19 pandemic are: (a) Closing of educational institutions; (b) Creation of learning materials or content; (c) The level of achievement of learning targets is not optimal; (d) The online lecture system has not been fully followed by adequate lecturer capacity; and (e) The transformation of digital learning also has the effect of fatigue conditions and increased stress. Second, various strategies for educational institutions after the Covid-19 pandemic are: (a) Lecturers and students must improve internet and computer literacy skills; (b) Redefining learning outcomes: (c) Lecturers must ensure the readiness of lecture materials with perspective; (d) Determine the duration of each learning unit: (e) Assessment in the form of quizzes and independent assignments must be ready; and (f) Campuses must prepare sufficient infrastructure and bandwidth.
PENERAPAN PRINSIP KEADILAN RESTORATIF DALAM PENYIDIKAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK PADA PONDOK PESANTREN NURUL IKHLAS (Studi Kasus Pada Unit PPA Polres Padang Panjang) Noval, Cepi
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.v4i4.273

Abstract

The obligation of restorative justice in children's cases is a necessity for investigators. This is confirmed in Article 5 of the SPPA Law. However, in its implementation it encountered challenges, especially at the investigation level, such as the case of the persecution that occurred at the Nurul Ikhlas Islamic Boarding School as reported by the police report LP/05/II/SPKT II/2019/Sek X Koto. In order to realize restorative action, investigators received a confession from the victim's family. Although the application of the principle of restorative justice is a must for law enforcement in the interests of children, it cannot be denied that there are still weaknesses in its implementation. The application of the principle of restorative justice in the investigation of criminal acts in the police report number LP/05/II/SPKT II/2019/Sek X Koto, investigators apply the principle of restorative justice to the investigation by involving the TP2TPA for legal services. Furthermore, at the investigation stage, they did not detain the perpetrator and approached the victim's family to accept the offer from the child perpetrator even though he received a reply. Obstacles in applying restorative justice at the investigation level consist of juridical constraints, namely: the application of the principles of restorative justice through the diversion model and cannot be applied to all criminal acts, depending on the threat of criminal and not criminal acts and there is a written agreement from the reporting party. Non-juridical constraints are that investigators have not acted as mediators at the time of the dialogue between the parties and the view of restorative justice by the community and the culture that punishment is retaliation for perpetrators of criminal acts is still attached.
EX ANTE REVIEW MELALUI RISET ETNOGRAFI VIRTUAL DALAM PERSPEKTIF LEGISPRUDENSI DI MASA PANDEMI COVID-19 Edy, Davianus Hartoni
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.v4i4.274

Abstract

Virtual ethnography is a research method that examines social phenomena based on the dynamics of netizens observed using certain parameters according to the needs of researchers. In the context of drafting laws, virtual ethnography allows legal researchers to observe, assess, and conclude various phenomena that arise in relation to the public's response to a draft law. Ex ante review is an elaboration of the virtual dynamics of society which, when associated with a legislative perspective, can be an important consideration in preventing the birth of bad legislation due to the dominance of the role of the People's Representative Council who fights for forms of legislation on behalf of certain political sects. The increasing number of active internet users, especially those who access social media, allows ethnographic research methodologies to virtually become an important research object for further study.
PERLINDUNGAN HUKUM TERHADAP PELAKU PENCURIAN YANG DIHAKIMI OLEH MASYARAKAT MEDAN YANG DAPAT BERAKIBAT KEMATIAN BAGI PELAKU Banjarnahor, Bua Masro; Yudarwin, Yudarwin
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.v4i4.275

Abstract

Theft is an act where someone takes goods outside their rights without the permission of the owner of the goods, the number of theft cases in Medan has resulted in the action of the main judge himself by the people of Medan against the perpetrators of theft growing. vigilante action is less insurmountable. The level of crime that results in public judgment against the perpetrators of the crime of theft consists of two levels of crime, namely theft which is carried out repeatedly and the theft accompanied by the part or violence, in the second is a part that often occurs why the perpetrators of theft are often persecuted by the public. especially the Medan area of North Sumatra. The importance of legal protection for perpetrators of theft caught red-handed by the people of Medan is not to protect their actions but to protect the human rights that he (the thief) has regulated by the existing law in Indonesia, where the perpetrators have the right to be tried under positive Indonesian law in order to suppress their actions. This vigilante anarchist does not happen again, especially in the Medan area.
TINJAUAN YURIDIS PEMBAGIAN HARTA GONO-GINI AKIBAT PERCERAIAN DALAM PERSPEKTIF HUKUM PERDATA (Studi Analisa Putusan Nomor 282 K/Pdt/2014) Aurilya, Tasya; Hartono, Rudy
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.v4i4.276

Abstract

This study aims to find out the distribution of gono-gini assets can be rejected by the judge on divorce decisions, to know that a lawyer in a divorce lawsuit can also be sued, and about the considerations of the panel of judges in deciding the case for the distribution of gono-gini assets due to divorce for the husband. To achieve this goal, this research uses a juridical-normative approach which is carried out based on a review of library materials or secondary data. The type of this research is descriptive analysis, with the type of data consisting of 2 (two), namely primary data and secondary data. While the data analysis technique used in this research is qualitative data analysis technique. The results of the study show that the agreement in marriage regarding the assets of Gono Gini and child custody and other matters obtained in marriage, the author takes the example of a divorce case and the distribution of property which has reached the level of cassation, this agreement is strong evidence especially made before a Notary so that post-divorce is not so difficult to prove about the distribution of property Gono Gini. It should be remembered that the divorce decision does not automatically decide or determine the distribution of marital property in marriage. The application for the distribution of gonorrhea assets can be submitted after the divorce decision has permanent legal force. For a married couple whose marriage is registered with the civil registry office, the lawsuit is submitted to the District Court where the Defendant lives. Divorce is something that often happens in the modern era. After living together for a long time, many couples decide to divorce because of incompatibility in married life. Plus the various problems and pressures that come from here and there. During the divorce process, one thing that cannot be overlooked is the assets of Gono Gini. The division of property is also a very crucial moment and is often debated by the divorced parties.
TINJAUAN YURIDIS TERHADAP KEDUDUKAN ALAT BUKTI ELEKTRONIK BERDASARKAN PUTUSAN MK NOMOR 20/PUU-XIV/2016 Ariana, I Nengah
UNES Law Review Vol. 5 No. 1 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.277

Abstract

Information technology plays an important role for the present and the future which in itself changes people's behavior. Information technology contributes to the law of evidence in Indonesia with the recognition of electronic evidence. In 2016, the Constitutional Court of the Republic of Indonesia issued the Constitutional Court Decision Number 20/PUU-XIV/2016 which had a juridical impact on changing the definition of legal electronic evidence. This decision is considered contrary to the spirit of the ITE Law and causes a blurring of norms regarding the legal position of electronic evidence. The purpose of this study is to examine the legal regulation of the position of electronic evidence and the legal consequences of the Constitutional Court's decision Number 20/PUU-XIV/2016. This research is classified as qualitative research with a normative juridical method, so that the sources used come from library data, both primary, secondary, and tertiary legal sources. The results of this study state that the legal arrangement for the position of electronic evidence in Indonesia in the ITE Law has changed since the Constitutional Court Decision Number 20/PUU-XIV/2016 which has provided an interpretation of the phrase electronic information and/or electronic documents in article 5 paragraph (1) and paragraph (2), and article 44 letter b of the ITE Law regarding the provisions of legal evidence and has implications for the function of electronic evidence in criminal law, namely the emergence of legal uncertainty over the validity of electronic evidence in court and the occurrence of differences in interpretation in law enforcement.

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