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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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Identifikasi Indikasi Geografis Pada Tenunan Sapu Lu’e Lawo dan Perlindungan Hukum sebagai Hak Kekayaan Intelektual Komunal pada Masyarakat Adat Bajawa Geme, Maria Theresia; Lay, Benediktus Peter; Rade, Stefanus Don
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.v6i1.814

Abstract

Sapu Lu'e Lawo is a set of woven traditional clothes for men and women in the Bajawa indigenous community. This weave has Geographical Indication characteristics as one of the communal intellectual property. Geographical Indication is a sign indicating the area of origin of an item and or product which due to geographical environmental factors including natural factors, human factors, or a combination of both factors gives a certain reputation, quality, and characteristics to the goods and/or products produced. The main problem of this research is how the geographical indication of the Lu'e Lawo broom weave and how the form of legal protection. This type of research is Sociological Jurisprudence that relies on document studies as well as empirical studies through observation methods and in-depth interviews with weavers and leaders. The results of the study found that there is an element of geographical indication in the weaving of Sapu Lu'e Lawo which is a combination of natural factors, human factors and a combination of both factors contained in the shape, motif, color, material and value message in the ritual of making it, so it requires legal protection in accordance with applicable laws and regulations. The conclusion is that Sapu Lu'e Lawo is a set of woven traditional clothing in the Bajawa customary law community that contains the quality, characteristics and reputation as a geographical indication that must be protected. It is recommended that the local government make policies that facilitate weavers' access to the availability of natural materials such as encouraging the expansion of new plantations to support the economy as well as preserving the living values of the Bajawa indigenous people.
Perbuatan Melawan Hukum terhadap Hak Cipta Lagu oleh Korporasi (Studi Kasus Putusan Nomor 19/Pdt.Sus-Hakcipta/2020/Pn.Niaga.Jkt.Pst dan Putusan Nomor 4/Pdt.Sus-Hki/Hakcipta/2020/Pn.Niaga.Sby) Hartono, Denny; Manullang, Sardjana Orba; Budiman, Anwar
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.v6i1.815

Abstract

Legal protection for song copyrights is needed in order to create a better climate and atmosphere for the growth and development of music in Indonesia. The problem is how is the form of legal protection for song copyright holders for unlawful acts committed by corporations? What are the considerations of legal reasons and legal philosophical considerations by the Panel of Judges regarding Tort Towards Song Copyright by Corporations in the Court Ruling of the Central Jakarta District Court Number 19/Pdt.Sus-HakCipta/2020/PN.Niaga.Jkt.Pst. and Court Ruling of the Surabaya District Court Number 4/Pdt.Sus-HKI/HakCipta/2020/PN.Niaga.Sby.? Normative juridical research methods. In conclusion, legal protection for Tort toward song copyright by corporations. If there is a song copyright dispute, the settlement can be carried out through alternative dispute resolution, arbitration, a court where the court is a commercial court. The decision on the lawsuit must be pronounced no later than 90 (ninety) days after the lawsuit is registered. Therefore, the task of the judge to try cannot be separated from legal discovery activities. In the court decision verdict number 4/Pdt.Sus-HKI/HakCipta/2020/PN.Niaga.Sby. November 12, 2020, which rejected the Plaintiff's lawsuit in its entirety, is inappropriate because the Panel of Judges should carry out legal discovery activities by looking at Government Regulation Number 20 of 2017 Concerning Import or Export Control of Goods Allegedly Consisting of or Originating from Intellectual Property Rights Violations.
TINJAUAN YURIDIS TERHADAP KETIADAAN LABEL PERINGATAN BAHAYA PADA ROKOK ELEKTRIK BERDASARKAN UU PERLINDUNGAN KONSUMEN Husein S, M. Syarif; Zulham, Zulham
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.v5i4.816

Abstract

This study uses a normative juridical research type that refers to law or legislation and other literature as literacy support. The research approach used is in the form of statutory and conceptual approaches to answer the problems being researched with primary legal sources in this study in the form of laws Law Number 8 of 1999 concerning Consumer Protection. The results of this study explain that there is a neglect of the theory of legal certainty in regulating health information on electronic cigarettes in Indonesia. This is because the regulation of electronic cigarettes until now is only contained in the Minister of Finance Regulation No.146/PMK.010/2017 concerning customs and excise rates only and is not accompanied by legality related to electronic cigarette health information, of course this regulatory vacuum is very contrary to guarantees on consumer rights contained in article 4 of Law no. 8 of 1999 namely the right to correct, clear and honest information about a product/goods. So it is very dangerous if consumers are essentially Indonesian people consuming goods whose health standards are unclear.
Penyelesaian Sengketa Uang Kompensasi atas Tanah Ulayat Nagari melalui Lembaga Adat di Nagari Talu Kabupaten Pasaman Barat Alvionita, Novi; Warman, Kurnia; Nurdin, Zefrizal
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.v6i1.819

Abstract

Currently, in the province of West Sumatra, disputes over customary land often occur, including in Nagari Talu, West Pasaman Regency. The background to this dispute was compensation money provided by PLN for the construction of an Extra High Voltage Line (SUTET) on ulayat nagari land which is managed by the community. Meanwhile, the community wants to control all the compensation money. Based on this background, it is necessary to investigate the settlement of ulayat nagari land disputes in Nagari Talu, West Pasaman Regency with the formulation of the problem: What is the process for resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, what obstacles are encountered in resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, how is the control over customary rights of the nagari in Nagari Talu, West Pasaman Regency, after the settlement of the dispute.The research method used through an empirical juridical approach is based on primary legal materials and secondary legal materials as well as field studies through interview observations, as well as data analysis techniques carried out qualitatively. Based on research on the settlement of ulayat nagari land disputes in Nagari Talu West Pasaman Regency, where in this settlement it was first resolved through deliberation by both parties, but in this deliberation no peace was reached, then both parties used a mediator as an intermediary because peace was not achieved, which appointed as a mediator, namely the Nagari Traditional Density Institution (KAN). Kerapatan Adat Nagari (KAN) succeeded in reconciling the two parties and both parties accepted the results of the decision issued by Kerapatan Adat Nagari (KAN). Obstacles faced in resolving ulayat nagari land disputes are caused by several factors, namely internal factors originating from the disputing parties and the object in dispute and external factors originating from other parties. Post-dispute settlement control of ulayat nagari land, based on the decision of the Talu Nagari customary meeting, Ninik Mamak who currently controls ulayat nagari land.
Efektivitas KUP dalam Memulihkan Kerugian Pendapatan Negara Akibat Tindak Pidana Administratif Perpajakan Subardy, Muhammad Rizky; Ismansyah, Ismansyah; Khairani, Khairani
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.v6i1.821

Abstract

Indonesian realization of state revenue from the taxation section is still not optimal and the ratio at just 84.44% (eighty-four point forty-four percent). So, it needed some efforts to optimize the tax revenue. One of the ways to Strengthen the tax administration law is by adding criminal law rules, hereinafter referred to as administrative penal law. Therefore, the principles of administrative penal law which carry out the concept of ultimum remedium has also applied to the General Taxation Law 2019 (KUP 2009). However, based on data from the Indonesia Directorate General of Taxes in 2020, the violators who use the ultimum remedium mechanism are only 5.56% (five-point fifty-six percent). Meanwhile, the fines paid by convicts are only 0.050% (zero point zero fifty percent) from all the criminal tax cases that are decided by the court. This certainly indicates, that there are problems that can not be resolved and be accommodated by the KUP 2009 in the form of optimizing the recovery of state losses due to administrative criminal acts in the taxation section. Based on the fact, that the state changed the KUP 2009 through the Omnibus Law and Harmonization of Tax Regulation Law, that be expected to be able to recover losses in the state revenue effectively.
Pengangkatan Anggota Tentara Nasional Indonesia dan Kepolisian Negara Republik Indonesia Aktif Menjadi Penjabat Kepala Daerah Putra, Egip Satria Eka; Fahmi, Khairul; Yuslim, Yuslim; Khairani, Khairani; Andora, Hengki
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.v6i1.822

Abstract

The Assignment of members of the Indonesian National Army and the National Police of the Republic of Indonesia active as acting regional heads by the Minister of Home Affairs reaped polemics. Law Number 10 of 2016 concerning Regional Elections even though it has clearly regulated the filling of vacancies in the positions of governor, regent and mayor, where acting (Pj.) are appointed from the position of intermediate leaders for the Acting Governor and primary leaders for the Acting Regent and Mayor. However, the Minister of Home Affairs issued Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Governors, Regents and Mayors as a reference to fill the position of Acting Regional Head. Article 3 paragraph (b) of Permendagri Number 4 of 2023, contains norms stating that the acting regional head is from an ASN official or an official in a certain ASN position who occupies JPT Madya within the Central Government or within the Regional Government for candidates for Pj. Governor and occupies JPT Pratama within the Central Government or within the Regional Government for candidates for Pj. Regent and Pj. Mayor. Therefore, there is an addition of position criteria and an expansion of meaning in Permendagri Number 4 of 2023 which then becomes a gap and opportunity for the Minister of Home Affairs to appoint active TNI and Polri members to become Acting (Pj.). The formulation of the problem in this study is: (1) How is the validity of the appointment of members of the Indonesian National Army and members of the Negatra Police of the Republic of Indonesia active as Acting Regional Heads? (2) What are the criteria for the ideal official who can be appointed as Acting Regional Head? (3) What is the ideal mechanism for appointing and appointing acting regional heads to fill regional head vacancies ahead of the 2024 simultaneous regional elections? This research is a normative legal research or literature, with the research specifications used are analytical descriptive research. The results of this study are: (1) The appointment of members of the Indonesian National Army and active members of the Indonesian National Police to become Acting Regional Heads is not legally positive Indonesia at this time. (2) The position of the official who should be appointed as Pj. Regional Head shall be JPT Madya within the Central Government or within the Regional Government. (3) the ideal mechanism for the appointment and appointment of acting regional heads is to involve the people through the Senators so that the appointed PJ. still has legitimacy from the people.
Kepatuhan Kepala Daerah dalam Melaksanakan Putusan Pengadilan Tata Usaha Negara Padang yang Telah Berkekuatan Hukum Tetap: Execution of State Administrative Court Decisions That Have Permanent Legal Force By Regional Heads Fegi, Fegi; Khairani, Khairani; Andora, Hengki
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.v6i1.823

Abstract

Based on Article 67 letter b of Law Number 23 of 2014 concerning Regional Government, it is explained that the Regional Head as a State Administrative Officer has an obligation to comply with all provisions of the Legislative Law including Decisions issued by the State Administrative Court. In Decision Number 11/G/2020/PTUN.PDG Regarding Dismissal of Wali Nagari Kinari by the Regent of Solok and Decision Number 23/G/2018/PTUN.PDG Concerning Dismissal of the West Pasaman Regional Secretary by the West Pasaman Regent there are forms of non-compliance committed by the Head Regions as State Administrative Officials, among others, do not revoke disputed TUN Decrees, do not revoke and do not issue new TUN Decrees. The absence of the application of strict sanctions and the low level of awareness of the TUN officials concerned are factors in the non-implementation of PTUN decisions that have permanent legal force by the Regional Head. The Administrative Court's procedural law has regulated sanctions against TUN bodies/officials who do not comply with PTUN decisions, but these arrangements are not concrete because they still depend on implementing regulations which have not been realized until now, this condition provides an opportunity for officials to disobey PTUN decisions because there is no things to worry about if you don't comply. This situation is one of the factors for weak law enforcement in Indonesia.
Perlindungan Hukum terhadap Hak Penguasaan Tanah Ornamen yang Dialihkan oleh Pihak Lain di Kabupaten Gowa Ayustini, Megawati Putri; Saleng, Abrar; Arisaputra, Ilham
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.v6i1.824

Abstract

This study discusses the legal protection of ornamental land tenure rights transferred by other parties in Gowa Regency. The type of research in this research is normative juridical which means the approach is carried out by examining the approaches of theories, concepts, reviewing the laws and regulations concerned with this research or the statutory approach. The type of approach used in this research is the statute approach. The statutory approach is an approach carried out by examining all laws and regulations that are related to the problems (legal issues) that are being faced. The results of this study are: 1) The transfer of rights to ornamental land in Gowa Regency can only be carried out by the Government as the holder of the land rights. Based on Perbup Number 13 of 2018, the Government, in this case the Regent, has the authority to issue permits for land leases. Instead, tenants are required to pay rent fees in the form of levies every year. The lessee is expressly prohibited from transferring the land to another party, whether a person or a business entity, without the permission of the government; 2) Legal protection for holders of lease permits for ornamental land is provided by the Government in the form of an Approval Letter. Tenure rights end at the end of the period the agreement is given. If the lessee transfers the land to another party (third party), then without the government's knowledge, the Letter of Approval must be null and void. Because the subject of the letter has changed
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PADA PEMADAMAN LISTRIK SEPIHAK OLEH PT PLN (PERSERO) MENURUT UNDANG UNDANG NO 8 TAHUN 1999 Apriyanti Ritonga, Nurul Hidayah; Syam, Syafruddin
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.v5i4.825

Abstract

This research was conducted with the aim of knowing how to protect electricity consumers in Law no. 8 of 1999 concerning Consumer Protection and Law no. 30 of 2009 concerning Electricity and how legal remedies can be taken by electricity consumers in the event of a unilateral power outage by PT. PLN (Persero). By using normative juridical research methods, it can be concluded: 1. Protection of electricity consumers has been protected by the Government in Law Number 8 of 1999 concerning Consumer Protection and Law Number 30 of 2009 concerning Electricity. The Consumer Protection Act states that consumers have the right to convenience, security and safety in consuming goods and/or services. Meanwhile, the Electricity Law states that consumers have the right to receive electricity continuously with good quality and reliability. So it is the obligation of PT PLN (Persero) as the holder of a business permit for the supply of electricity, to provide electricity that meets the applicable quality and reliability standards. If the power outages that occur are less than the service standards set by the Government, consumers are entitled to compensation from PT PLN (Persero). 2. The initial effort that consumers can take in the event of a unilateral power outage by PT PLN (Persero) is to submit a complaint to PT PLN (Persero).
The Existence, Function, and Legal Position of the Land Bank According to the Provisions of the Laws and Regulations Alwinda, Erin; Wafirah, Athifatul; Roring, Pingkan Vanesa; Onthoni, Lefira Gerti
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.v6i1.827

Abstract

This article discusses the existence, function and legal position of the Land Bank after the Constitutional Court Decision and also examines the existence of Customary Land after the existence of the Land Bank Institution in Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja. Where after the birth of Undang-Undang Cipta Kerja, there were several test applications submitted to the Constitutional Court and ruling on this formal test case, the Government was ordered to make improvements within a period of 2 years if within that period no improvements were made, then UU Cipta Kerja would become permanently unconstitutional and it was also not allowed to issue new implementing regulations relating to UU Cipta Kerja. UU Cipta Kerja is also reviewed in relation to licenses to use customary land of indigenous peoples, where indigenous peoples feel they are losing their rights because there are no legal remedies against business actors who use customary land as land for business without having to get approval from indigenous peoples.

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