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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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PENANAMAN MODAL ASING PENGANGKATAN BENDA MUATAN KAPAL TENGGELAM (BMKT) DI INDONESIA Riang Borot, Ursula Kristanti; Pitta Allagan, Tiurma Mangihut
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.v5i1.279

Abstract

In 2021, the government start discussing licensing for foreign investors to search for sunken ship cargo objects (BMKT) under Indonesian waters. This study focuses on normative juridical research by reviewing regulations regarding foreign investment in the lifting of sunken cargo objects (BMKT) in Indonesia and permits for trying to lift sunken cargo objects (BMKT) in the regions. The results obtained are that the regulations have not been specifically regulated, for foreign investment itself it is still running in accordance with the applicable general investment regulations, but specifically for foreign investment in the Lifting of Submerged Ships (BMKT) it is still not optimal and business licensing in The regional government for the Lifting of Sunken Ships (BMKT) for foreign investment is also still not optimally regulated, but Government Regulation No. 6 of 2021 shows that the role of local governments in providing business permits is quite significant through the regional apparatus of the Investment and Integrated Services Agency. One Gate, as well as local governments can provide business licensing matters in accordances with the needs of the region
PERTIMBANGAN HAKIM DALAM PENYELESAIAN SENGKETA TANAH PUSAKO TINGGI (Analisis Putusan Nomor 32/Pdt.G/2020/PN. Pdg) Effendi, Devirianti; Fitria, Yenni
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.v4i4.281

Abstract

Inheritance property is anything left by a person who dies whether the property belongs to him or belongs to someone else. According to INPRES No. 1 of 1999 concerning the Compilation of Islamic Law (KHI) article 171 paragraph a Inheritance law is the law that regulates the transfer of ownership rights to the inheritance (tirkah) of the heirs, determining who is entitled to become heirs and how much of each. Socio-economic and cultural changes have shifted people's perspective on the world, including their orientation and views on the Minangkabau social system, touches of modernization with a capitalist economic style. However, it is related to inheritance and property ownership issues, usually assets are inherited by mamak (uncle) to nephews (sisters) or maternally, by pressing economic needs and changing views on property. This makes a conflict or dispute over inheritance, namely the high pusako land in a tribe or tribe in Minang-Kabau. The problems discussed are, first, how is the judge's consideration in resolving the high pusako land dispute? second What are the legal obstacles in the settlement of the high pusako land dispute? The approach method used in this study is the author uses a normative juridical approach to the problem under study, namely the decision Number 32\Pdt G/2020/PN.Pdg.
IMPLEMENTASI PERMENDAGRI NO.72 TAHUN 2020 DALAM PELAKSANAAN PILKADES SERENTAK DI MASA PANDEMI COVID-19 (Studi di Kabupaten Banyuwangi) Nashrullah, Jauhar; Arfansyah, Wahyu Miftha
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.v5i1.282

Abstract

One of the regions in Indonesia that has experienced delays in the Pilkades several times due to government policies and regulatory uncertainty is Banyuwangi Regency. After experiencing uncertainty, finally the Simultaneous Pilkades during the COVID-19 Pandemic has a legal umbrella with the presence of Permendagri No. 72 of 2020. In 2021, the Simultaneous Pilkades in Banyuwangi Regency can finally be held. This research will examine how the implementation of Permendagri No. 72 of 2020 in the implementation of the Simultaneous Pilkades in Banyuwangi Regency in 2021. This research combines normative-empirical, normative data that issupported by the addition of data or empirical elements through a statutory approach and a case approach.materials (primary, secondary, tertiary) collected are then analyzed using content analysis methods The results of the study indicate that the follow-up to the presence of Permendagri No. 72 of 2020, the Banyuwangi Regency Government issues the Banyuwangi Regional Regulation No. 13 of 2021 concerning Implementation Guidelines on Guidelines for Election, Appointment, Inauguration and Dismissal of Village Heads, then the Banyuwangi Regent also issued Decree No. 188/72/Kep/429.011/2021 regarding the formation of district election committees and sub-district committees and based on interviews with representatives of several villages that held Pilkades, basically the implementation of Pilkades in the field has implemented the protocol according to the provisions of Perbup No. 188/72/Kep/429.011/2021. 13 of 2021 and Permendagri No. 72 of 2020. So based on the results of the study it can be concluded that the Banyuwangi Regency Government has implemented Permendagri No. 72 of 2020 is in the implementation of Simultaneous Pilkades in their area.
KOORDINASI ANTARA PENYIDIK POLRES PADANG PARIAMAN DENGAN BADAN PERTANAHAN NASIONAL/ AGRARIA TATA RUANG KABUPATEN PADANG PARIAMAN DALAM PENYIDIKAN TINDAK PIDANA LARANGAN PEMAKAIAN TANAH TANPA IZIN Rosadi, Otong; Hendra, Hendra
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.v4i4.283

Abstract

Article 2 of Law Number 51 Prp of 1960 concerning Prohibition of Land Use Without Permission from the Entitled Person or his legal proxy. This research is a legal research with a descriptive analytical specification. The implementation of coordination between the Padang Pariaman Police Criminal Investigation Unit and the Padang Pariaman BPN/ATR in the investigation of the prohibition of land use without a permit or legal proxy is in terms of proving the status of ownership of the land. The National Land Agency was asked for information regarding land grabbing because the authorities and understanding of land grabbing are related to the legality of ownership of the land, even though the reporting party has shown proof of ownership but still requires information from the National Land Agency. Coordination is also carried out in terms of testing the validity of the documentary evidence collected by investigators in land grabbing cases. Obstacles in Coordination Between the Padang Pariaman Police Criminal Investigation Unit and Padang Pariaman BPN/ATR in Criminal Investigations for Prohibition of Land Use Without a Permit or Legal Proxy, among which are often difficult to distinguish the authenticity of proof of land ownership and the existence of overlapping land ownership which this cannot be proven by BPN as the institution that issued the evidence on the pretext of differences in leadership policies at that time. There are different agencies issuing proof of ownership of the same plot of land to different parties. The existence of falsification of land documents so that the Land Agency takes a long time to test the authenticity of these documents and makes the investigation take a long time.
UPAYA MEDIASI DALAM PENYELESAIAN SENGKETA EKONOMI SYARI’AH DI PENGADILAN AGAMA PADANG KELAS IA Faniyah, Iyah; Sumarni, Evi
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.v4i4.284

Abstract

The Religious Courts based on Article 49 of the Law on Religious Courts have expanded their authority to settle sharia economic cases. Based on Article 10 of PERMA Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Disputes, it is emphasized that judges in ordinary examination procedures must seek reconciliation through mediation. In practice, mediation efforts are often unsuccessful, as happened in the Padang Religious Court, of the 4 sharia economic cases that were entered, only one case was successfully mediated. Based on the results of the research, discussion and analysis, it can be concluded: first, mediation efforts in resolving Sharia economic disputes at the Padang Religious Court are mediators using informative, educative and persuasive methods. In the Padang Religious Court, there are internal factors: (1) mediators from judges who do not have certificates, (2) mediation seems only a formality, External factors: (1) litigants who are reluctant to be mediated, (2) The place to hold mediation is not yet conducive so it is not comfortable to negotiate
PENGGUNAAN ALAT BUKTI SEBAGAI DASAR PENETAPAN TERSANGKA PADA PENYIDIKAN TINDAK PIDANA KECELAKAAN KAPAL WISATA YANG MENGAKIBATKAN MATINYA ORANG Dekri, Yuli
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.v4i4.285

Abstract

The skipper is given responsibility by Law Number 17 of 2008 concerning Shipping related to ship safety and security. The evidence that is the basis for determining the suspect in the tourist ship accident case that resulted in the death of a person in the case file number Bp/44/XII/2019/Reskrim/Parisan Police is witness statements and other evidence. Based on the theory of evidence, to prove someone's negligence is to see whether someone has used the precautionary principle or not, see how people generally take action when in conditions like those experienced by the perpetrator and whether someone has taken the action that should have been done or not. The suspect in this case is the captain of the ship because he was proven to have sailed from the coast of Gandoriah Pariaman to Angso Duo Pariaman Island and without having a Sailing Approval Letter issued by the Syahbandar. Other evidence is witness testimony stating that the ship exceeds the specified capacity as well as a certificate of proficiency for the captain. The obstacle in collecting evidence which is the basis for determining the suspect in the tourist ship accident case that resulted in the death of the person in the case file Number Bp/44/XII/2019/Reskrim/Parisan Police is the witness testimony given by the suspect's statement which does not match. Determining who was negligent due to negligence is not always the suspect. The number of legal substances that will be applied and all the elements contained in several articles that are applied each must be supported by a minimum of 2 (two) pieces of evidence.
OPTIMALISASI KEWENANGAN AMICUS CURIAE KOMNAS HAM DALAM PROSES PEMERIKSAAN PERKARA DI PENGADILAN BERDIMENSI HAK ASASI MANUSIA Wahyuni, Ridha; Wananti, Atik
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.v5i1.286

Abstract

Komnas HAM as a state institution have authorized by law to provide amicus curiae for legal settlement of public cases with a human rights dimension. Until now, Komnas HAM has carried out this authority, but in practice there are still various obstacles, both external and internal, so that its implementation has not been optimal.This study using a juridical-normative research method, with an analytical-descriptive approach to see how the law works in practice. There is a difference in the views of the judges on the position of the amicus curiae of Komnas HAM which is considered the same as the opinion of the Experts, while the Amicus Curiae is more of an institutional opinion and can be submitted individually, therefore it is necessary to issue SEMA so that there is a common view and understanding for judges in seeing this authority, Second ; UU no. No. 39/1999 on Human Rights has not clearly and firmly regulated the authority of Komnas HAM's amicus curiae, making it difficult for Komnas HAM to draft technical regulations for its implementation.
REGULATORY IMPACT ASSESSMENT PENGGUNAAN PRODUK DALAM NEGERI PADA PENGADAAN BARANG/JASA Zulmawan, Wawan
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.v5i1.287

Abstract

This article examines how the implementation of the Regulatory Impact Assessment in assessing the regulations issued by the Indonesian government regarding the use of domestic products in the procurement of goods / services, namely the application of these rules in the practice of government procurement of goods / services as well as in State-owned enterprises. Analysis of the Impact of Regulations on the Use of Domestic Products can show that the crucial point of the Regulation for the Use of Domestic Products is that there are no rules regarding criminal sanctions if the use of domestic products is not applied in the procurement of goods / services by government agencies or BUMN. In fact, criminal sanctions are needed to be an effort to maintain compliance from government agencies or BUMN in implementing these regulations. Without criminal sanctions it will be difficult to obtain maximum application of the rules and compliance is also difficult to achieve.
PERAN SERTA LEMBAGA KERAPATAN ADAT NAGARI DALAM MEWUJUDKAN NAGARI MADANI DI KABUPATEN AGAM Roza, Darmini; Martha, Teddy
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.v5i1.288

Abstract

The implementation of the Nagari Madani in Agam Regency is regulated in the Regulation of the Regent of Agam Number 74 of 2016 concerning Guidelines for the Implementation of the Nagari Madani. This research is a legal research with analytical descriptive specifications. The Role of the Nagari Customary Density Institution in Realizing the Nagari Madani in Agam Regency is to participate directly in the Maghrib Koran activities, by giving recitations by the niniak mamak together with the nagari ulama at the end of each evening praying together at the surau. Collecting data on who is entitled to receive zakat for each of their people, and collecting zakat from all people. KAN conducts socialization and provides guidance to the community in every crime prevention activity in the nagari. Organize women and children protection groups by bundo kanduang in collaboration with the police. The obstacle encountered in the participation of the Nagari Customary Density Institution in Realizing the Nagari Madani in Agam Regency is the occurrence of disagreements between the parties. KAN's inability to enforce coercion so that the opinion given is carried out, is one of the obstacles that KAN encounters, especially the unavailability of devices capable of carrying out coercive measures against the results of the decision. In crime prevention activities, it is often found that KAN elements are arrogant so that they interfere with KAN's performance in the success of Nagari Madani activities. The existence of a conflict between the Wali Nagari and the Nagari Representative Council (DPN) and KAN is an inhibiting factor in the implementation of the Nagari Madani movement in Agam Regency.
AZAS CONTRADICTOIRE DELIMITATIE DALAM PENDAFTARAN TANAH Nugraha, Ferdy
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.v5i1.289

Abstract

The principle of contradictoire delimitatie is a rule in the land registration process where there is an agreement between the land owner and the owner of the adjacent land parcels. The Land Office of the Mentawai Islands Regency received Land Registration activities and experienced an increase in volume from 2017 to 2021. In its implementation, does it meet the principles of the contradictoire delimitatie principle as a whole. The research method used is an empirical juridical legal research method using several legal theories as an analytical knife. The results showed that the application of the contradictoire delimitatie principle in land registration experienced two conditions, namely implemented and not implemented. The contradictoire delimitatie principle which is not implemented has several impacts, namely the absence of legal certainty and legal protection for the subject and object of the land parcel. As for the creation of the principle of contradictoire delimitatie as a whole, it is necessary to carry out a movement to install joint boundary markings as a form of orderly land administration.

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