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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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POLLUTER PAYS PRINCIPLE DALAM PERSPEKTIF HUKUM PIDANA Sipayung, Oktaviani br; Ismanyah, Ismanyah
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.713

Abstract

Human activities are often the main cause of environmental damage and pollution. Therefore, a law that is in favor of environmental protection is needed to maintain the preservation and sustainability of the environment. The polluter pays principle requires that every business actors that causes pollution or damage to the environment bears all costs incurred in the context of environmental restoration. In order to guarantee the implementation of good environmental protection and management, criminal law enforcement plays an important role. Criminal law can influence business actors so that the business decisions they make do not damage or pollute the environment. This research was conducted to answer how the regulation and application of the polluter pays principle in UUPPLH and how the polluter pays principle when viewed from the perspective of criminal law. This research was conducted using normative research methods with the data source being positive law sources in Indonesia. The polluter pays principle is not explicitly regulated in UUPPLH to be applied in handling criminal acts, because this principle takes precedence in enforcing administrative law through instruments environmental economics and civil law through environmental dispute lawsuits and is closely related to the concept of strict liability in calculating the compensation that must be borne by the perpetrators of environmental pollution and/or damage. The existence of an additional penalty in the form of "remedial action as a result of a crime" that can be imposed on corporations that pollute and/or damage the environment is a gap in the implementation of the polluter pays principle through criminal law enforcement.
PERBANDINGAN HUKUM PERATURAN INSIDER TRADING DALAM TINDAK PIDANA PASAR MODAL DI INDONESIA DAN SINGAPURA Iqbal, Nada
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.718

Abstract

Information Disclosure and Investors are very important parties in capital market activities. However, in the event of a violation of capital market regulations, namely the crime of insider trading, which can be carried out by various parties for personal gain, this violates the principle of fair securities trading. This research focuses on the classification of criminal acts in the capital market in Indonesia and a comparison of legal regulations regarding insider trading in Indonesia and Singapore. In this study, normative legal research was used and the nature of the research conducted by the author was an analytical descriptive study. After conducting research, it was found that the concept contained differences in regulations regarding insider trading between Indonesia and Singapore, one of which was that Indonesia adhered to the theory of Fiduciary Duty while Singapore adhered to the theory of Fiduciary Duty and Misappropriation Theory. This theory is a legal protection that is needed by Indonesian capital market investors at this time, but in the regulations there are still a number of things that need to be evaluated and further developed by the OJK so that when it is implemented later the goal of adopting the concept as a violation prevention effort can be achieved.
WANPRESTASI OLEH PERUSAHAAN PIALANG BERJANGKA TERHADAP INVESTOR DALAM TRANSAKSI FOREX MARGIN TRADING PADA BURSA BERJANGKA (Putusan PN SURABAYA Nomor 65/Pdt.G.S/2020/PN Surabaya) Fajri Tobing, Muh Kevin; Rusli, Benni; Suryamizon, Anggun Lestari
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.719

Abstract

Humans have always traded with other humans around them for various reasons with the barter system. Along with the development of the era and civilization, this barter system was no longer used because it had many weaknesses, so a new payment system was invented, namely using money as a medium of exchange and payment. The payment system using money is also not without weaknesses in its function for transactions with other countries that have different types of currencies. World trade transactions in this era of globalization are closely related to foreign currency trading, which is commonly called currency or foreign exchange (forex). Foreign Exchange stands for forex (foreign exchange) includes two meanings, namely foreign currency and the process of exchanging from one currency to another. Moreover, the customer does not meet face to face and is at risk of default, misuse of the customer's margin. In this writing, the author raises several problems of default. This research is descriptive in nature and aims to obtain a complete description of the legal situation in force in a particular place. Normative juridical law research is the collection of material or research materials aimed at written documents. Sources of data and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research uses document studies related to laws and regulations, books and journal judge decisions related to default. The results of this study are important for investors to understand that the legal process can take significant time and costs. In addition, success in suing a futures brokerage company depends on the strength of the evidence it has and also on the legal provisions in force in the local jurisdiction. Therefore, it is important for investors to always be careful in choosing a trusted futures brokerage company, and to ensure that there is a written agreement and adequate protection guarantees before making a forex margin trading transaction. The form of CoFTRA coaching is the provision of training for Futures Trading actors to increase knowledge/expertise in Commodity and Futures Trading. The form of preventive supervision is that CoFTRA conducts field supervision and carries out periodic and/or occasional reports by Futures Brokers regarding their activities on the Futures Exchange and the number and customer data received online, and the implementation of a Single Supervision System for market integrity and trading actors Futures connected online and real time.
PERLINDUNGAN HUKUM TERHADAP TKI OLEH PEMERINTAH INDONESIA DALAM PERSPEKTIF SIYASAH DAULIYAH (STUDI KASUS PEMBUNUHAN NURUL AIDAH TKI ASAL BATUBARA SUMATERA UTARA DI MALAYSIA) Faradila, Iis Erika; Harahap, Arifuddin Muda
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.720

Abstract

The increasing growth rate of the workforce in Indonesia is not matched by the provision of jobs by the Indonesian government, resulting in job seekers requiring them to look for work abroad. Therefore, many problems arise that require the Indonesian government to make policies in providing legal protection too workers who get into trouble into trouble when working abroad. The purpose of this study was to find out the Indonesian government’s efforts to provide legal protection for Indonesian workers and find out the siyasah dauliyah review in viewing government policies in providing legal protection for Indonesian workers. This research shows that the Indonesian government has made efforts to provide legal protection to Indonesian workers by making several policies and in accordance with the basics of siyasah dauliyah, one of which is cooperation and deliberation.
PERLINDUNGAN HUKUM TERHADAP PENUMPANG KERETA API ( KASUS KETERLAMBATAN KERETA API PERSFEKTIF FIQH SIYASAH) Sriwindari, Henny; Khalid, Khalid
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.722

Abstract

When experiencing disruptions to train operations resulting in delays in arrival time, there are casualties and loss of property, PT. Kereta Api Indonesia (Persero) must be responsible for the impact of this incident, especially in terms of service to service users in accordance with Law Number 08 of 1999 concerning Consumer Protection. However, the delay experienced by train passengers is considered to still not meet the needs of passengers. In this study using normative juridical method. The formulation of the problem in this study is a) What is the accountability of PT. Kereta Api Indonesia (Persero) to passengers experiencing train delays? b) What is the legal protection for passengers who experience train delays based on Law Number 08 of 1999 concerning consumer protection.
KEGIATAN PENYEDIAAN JASA CALO KARTU PRAKERJA DITINJAU DARI FATWA DSN MUI NOMOR 114/DSN-MUI/IX/2017 TENTANG AKAD SYIRKAH DI KOTA MEDAN Fitriyanti, Aulia; Tarigan, Tetty Marlina
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.723

Abstract

The purpose of this study was to examine the Provision of Pre-Employment Card Brokerage Services in terms of DSN MUI Fatwa Number 114/DSN-MUI/IX/2017 Concerning the Study of Syirkah Contracts in the Medan City Case. The research method used is qualitative with an empirical approach with two data sources used, namely primary data interviews with 5 pre-employment program beneficiary informants and 2 pre-employment program jockey informants and secondary data in the form of books, articles related to material and DSN MUI Fatwa Number 114/ DSN-MUI/IX/2017. From the results of the research that the researchers have done on the Activities of Provision of Pre-Employment Card Brokerage Services In terms of DSN MUI Fatwa Number 114/DSN-MUI/IX/2017 Concerning Syirkah Contracts Case Study of Medan City, both in the field and legally it is known that the activities of pre-employment jockey service providers include syirkah contracts that are permitted in the form of Syirkah 'abdan/syirkah a'mal, namely contracts carried out in collaboration with services or expertise which are transferred to another person based on agreement or proportion, one example of this pre-employment jockey.
LAW ENFORCEMENT AGAINST THE CRIMINAL ACT OF ILEGALLY IMPORTING THRIFT CLOTHES IN INDONESIA Akbar, Hafis Vivaldi; Saputra, Dedy; Fathia, Zarah
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.724

Abstract

The activity of illegally importing Thrift clothing in Indonesia seems to have become a pattern of life along with law enforcement actions that are less effective in overcoming criminal acts. This study aims to (1) find out the portrait of law enforcement against the criminal act of smuggling Thrift clothes in Indonesia; (2) to find out the factors causing the investigation into the alleged criminal act of smuggling Thrift clothing not to be carried out; and (3) knowing how to apply the law in law enforcement against the criminal act of smuggling Thrift clothes in Indonesia. This type of research is sociological legal research by exploring in depth the criminal act of importing thrift clothes illegally in Indonesia, especially in Indragiri Hilir district. The results of this study indicate that (1) law enforcement against the crime of smuggling Thrift clothing in Indonesia includes preventive and repressive measures; (2) the factors causing the investigation not to be carried out because the evidence was destroyed before entering the investigation stage; and (3) Law enforcement against the crime of clothing smuggling committed by Customs and Excise Civil Servant Investigators is not yet in accordance with statutory regulations.
Penerapan Sanksi Pidana Terhadap Residivis Pada Penyalahgunaan Narkotika Di Kabupaten Batang (Studi Putusan Nomor 44/PID.SUS/2023/PNBTG) Bastomi, Moch Ya'lu; Megawati, Wenny
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.725

Abstract

Drug abuse is a serious problem in society, especially among the younger generation. In law enforcement related to narcotics abuse, it is necessary to increase supervision and control in order to prevent and eradicate this crime. Decision Number 44/PID.SUS/2021/PN BTG is an example of drug abuse against recidivists. The research uses normative juridical research methods and a qualitative approach. The results of the study discuss the application of criminal sanctions for drug abuse recidivists in Decision Number 44/Pid.Sus/2021/PN The judge imposed a prison sentence of 5 years and a fine of Rp. 1,000,000,000. The evidence was confiscated and destroyed except for the returned motorcycle. Juridical, sociological, and philosophical considerations were used in the decision. The purpose of imprisonment is deterrent effect and protection of society. This decision reflects the judges' consideration of juridical, sociological, and philosophical aspects in applying criminal sanctions. Decision Number 44/Pid.Sus/2021/PN Btg against M. Wahyu Wijayanto Alias Anto Bin (Alm.) Kayun Wibowo shows that the defendant was legally proven to have committed the crime of being an intermediary in the sale and purchase of class I narcotics. The defendant admitted to abusing drugs twice in 2022. The judge sentenced the defendant to 5 years imprisonment and a fine of Rp 1,000,000,000, with the provision of 1 month imprisonment if the fine is not paid. The evidence, except for the motorcycle, was destroyed. The defendant is also required to pay court costs of Rp. 5,000.
Penerapan Sistem Etle terhadap Pelanggaran Kendaraan Bermotor dalam Berlalu Lintas Hekmatiar, Sabiyan Yudhistira; Yulianingsih, Wiwin
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.726

Abstract

ETLE (Electronic Traffic Law Enforcement) is basically the result of technological developments that keep moving forward, which are then used in the framework of less traffic control. This is the same as digitizing law enforcement against traffic violations. With the existence of ETLE, of course the hope is that it can run effectively in order to create order in traffic for motorized vehicles. Based on this, it is worth exploring the implementation of ETLE implementation as well as the obstacles, to be linked to the effectiveness of the law. This research is an empirical juridical research, with a qualitative approach. The field study was conducted at Polretabes Surabaya. Sources of data are primary and secondary data, in which there are primary, secondary and tertiary legal materials. Collecting data using the method of observation, interviews, and literature study. Data analysis used descriptive analytical method. The results of the study show that the implementation of ETLE as mandated by the Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation begins with planning and ending with implementation. However, ETLE with CCTV cannot be implemented in the Surabaya area. In its implementation, discrepancies are still found that are contrary to the objectives and benefits of implementing ETLE. In addition, there are still obstacles in its implementation, which shows that the implementation of ETLE is still not effective.
IMPLEMENTASI POLIS ASURANSI JIWA SEBAGAI OBJEK JAMINAN TAMBAHAN DALAM MITIGASI RISIKO PEMBIYAAN PADA BANK (Studi di PT. Bank Sumatera Utara Syariah Cabang Medan) Nurhayati, Pratiwi; Budhiawan, Adlin
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.727

Abstract

This journal discusses the role of life insurance policies as additional collateral in bank financing to minimize the risk of default by customers. It is also explained that life insurance policies are considered intangible movable property with an economic value that can be monetized. Although not the primary collateral, life insurance policies can be used as supplementary collateral to minimize financing risks. Banks can collaborate with insurance companies through the concept of Bancassurance to facilitate the process of opening and claiming life insurance policies. The cash value of life insurance policies can be taken into consideration as collateral for credit, provided that the collateralization is done formally, and the collateral can be sold or cashed out to settle the debtor's obligations. This research employs a juridical-empirical legal research method with a qualitative approach. The research results show that life insurance policies play a significant role in minimizing financing risks and protecting banks from default risks by debtors. The purchase or opening of life insurance as a requirement for financing is not explicitly regulated by the Financial Services Authority Regulation No. 42 of 2017 regulations but is an internal bank policy.

Page 245 of 392 | Total Record : 3918

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