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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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Politik Hukum Pembuktian dalam Penyelesaian Sengketa Konsumen di Indonesia Syam, Misnar
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.v6i1.946

Abstract

Guidelines (GBHN) of Indonesia, including through the Decree of the People's Consultative Assembly (TAP MPR) No. II of 1988. Consumer protection is regulated by Law No. 8 of 1999 concerning Consumer Protection. Repressive protection is an effort to restore the losses suffered by consumers. In any consumer dispute resolution process, evidence is required. Under the Consumer Protection Law (UUPK), the burden of proof is shifted, as stipulated in Articles 19, 22, 23, and 28, where the burden of proof falls on the business entity obligated to prove its innocence. Evidence in civil procedure law is regulated in Article 163 of the HIR/283 RBg, following the ordinary burden of proof. This leads to a lack of harmony in the regulations, which can result in confusion and legal uncertainty in its implementation. This can hinder the achievement of the goals of consumer protection. Legal policy is the direction of future legal regulations, so when making laws, it is necessary to refer to Indonesia's legal policy. Based on the above reasons, the research problem in this study is how evidence is handled in the resolution of consumer disputes from the perspective of Indonesian legal policy. The research method used is normative. In conclusion, in the legal policy of consumer protection, especially in the dispute resolution process, there is a need for harmonization between the Consumer Protection Law (UUPK) and future civil procedural law to ensure legal certainty.
Kewenangan Penyidik Pegawai Negeri Sipil (PPNS) Keimigrasian dalam Penanganan Tindak Pidana Perdagangan Orang yang Berasal dari Tindak Pidana Penyelundupan Manusia Lazuardi, Anggun; Ferdi, Ferdi; Elda, Edita
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.v6i1.947

Abstract

The practice of the crime of human smuggling (TPPM) is closely related to the practice of the crime of trafficking in persons (TPPO) which crosses national borders in jurisdiction. The practice of human smuggling allows for opportunities for the purpose of trafficking and exploitation of people who are smuggled across a country's borders. Handling is regulated in special criminal acts, namely the crime of human smuggling in Law Number 6 of 2011 with Immigration Civil Servant Investigators (PPNS) as law enforcement officers, while the crime of trafficking in persons is regulated in Law Number 21 of 2007 which only states said the investigator who could carry out the investigation. But the problem is, there is a practice of criminal acts of trafficking in persons originating from criminal acts of people smuggling, will Immigration Civil Servants have authority over this. However, Therefore, this research aims to analyze the authority of the Immigration Civil Servants in handling the criminal act of trafficking in persons originating from the criminal act of people smuggling. The results of the research show that the authority of the Immigration Civil Servants in handling the criminal act of trafficking in persons originating from the criminal act of people smuggling is to carry out joint investigations with Polri investigators. Based on the principle of lex specialis systematic, the crime of human smuggling is a more specific crime than the crime of trafficking in persons.
Pelaksanaan Penyerahan Protokol Notaris yang Meninggal Dunia Kepada Majelis Pengawas Daerah Berdasarkan Undang-Undang Tentang Jabatan Notaris Studi Kasus di Kabupaten Padang Pariaman Ihsan, Junaldi; Fendri, Azmi; Delfiyanti, Delfiyanti
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.v6i1.948

Abstract

For this reason, this research aims to explain: 1. How is the implementation of the handing over of protocols for notaries who have died in Padang Pariaman District? In this writing, empirical juridical legal research (sociolegal research) is used. The Juridical Approach is used to analyze various Legislative Regulations related to the above problems. In contrast, the Empirical Approach is used to analyze law by looking at legal realities in society. The implementation of the submission of the notary protocol begins with notification of the death of a notary by the heirs to the Padang Pariaman Regency MPD. Then the MPD appoints a notary recipient of the protocol to forward it to the Minister of Law and Human Rights of the Republic of Indonesia to issue a ministerial decision as a basis for the legality of the protocol holder.
Implementasi Kewenangan Majelis Pengawas Daerah Notaris dalam Pemeriksaan Protokol Notaris di Kota Solok Putri, Reza; Fendri, Azmi; Syofyan, Syofirman
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.v6i1.949

Abstract

Notaries in carrying out their duties for the general public are required to be under the supervision of an institution that is neutral, impartial, and independent. The purpose of this supervision is so that the Notary seriously carries out the duties of his office in accordance with applicable rules and codes of ethics in order to maintain the security of the public who make deeds to the public. Notary Public. Another aim is to avoid Notaries who are irresponsible and do not comply with the Notary's code of ethics. The establishment of a supervisory institution is referred to in Article 1 point 6 of the UUJN which states that the Notary Supervisory Council, hereinafter referred to as the Supervisory Council, is a body that has the authority and obligation to carry out guidance and supervision of Notaries. In Solok City in 2022 there will be eight Notaries, whereas in the examination carried out by the Solok City Regional Supervisory Council in 2022 only four Notaries were examined. Based on this, researchers are interested in conducting further research by analyzing: 1) the implementation of the authority of the Regional Notary Supervisory Council in examining Notary Protocols in Solok City. 2) the obstacles and efforts of the Regional Notary Supervisory Council in carrying out inspections of Notary Protocols in Solok City. This research is descriptive analytical, using an empirical juridical approach. Using primary data as the main material with a study of secondary legal materials. Based on research, it was found that: the implementation of the authority of the Solok City MPD in examining Notary protocols has carried out guidance and supervision related to the implementation which was carried out in 2022, there were around four out of eight Notaries who were not examined. The problem with MPD is that when MPD carries out inspections, several Notaries are not in their offices at the time of the inspection. Which results in Notaries not being checked by the MPD. Efforts made by the MPD were to summon the Notary concerned to appear at the Regional Office of the Ministry of Law and Human Rights to have the protocol checked by the Chair of the MPD and notaries who were not examined were made a priority in the examination for the following year.
Kajian Hukum Hak Cipta Terkait dengan Penggunaan Sketsa Tugu Selamat Datang oleh Mall Grand Indonesia Berdasarkan (Studi Kasus: Putusan Mahkamah Agung Nomor 35/Pdt.Sus-Hak Cipta/2020) Apriono, Alwido; Saly, Jeane Neltje
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.v6i1.950

Abstract

Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is a lawsuit for compensation due to the use and registration of the Grand Indonesia Mall Logo mark in the form of a silhouette such as a welcome monument sketch/sculpture. The purpose of the research is to find out the copyright protection of sketches and statues of welcome monuments based on Law Number 28 of 2014 concerning Copyright, and to find out Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is in accordance with the laws and regulations. The research method used is normative legal research which is descriptive analysis and by writing a literature study. Based on the results of the research, it is known that Decision Number 35/Pdt.Sus-Copyright/2020/PN Niaga Jkt.Pst is inconsistent with the provisions of existing laws and regulations. Because the sketch of the welcome monument and the statue of the welcome monument were created because of an order from President Soekarno to the late Henk Ngantung (in his capacity as Deputy Governor of Jakarta) and the late Edhi Sunarso. Therefore, the creation was made because of the framework of work / office relationship and the existence of orders that made it made because it was under the leadership of the designer of the creation. Therefore, the sketch of the welcome monument and the statue of the welcome monument should be recognized as fully owned by the country.
Keabsahan Sistem Noken Dalam Pemilu Presiden Dan Wakil Presiden Ditinjau Dari Negara Hukum Dan Demokrasi Rahmayani, Ima; Jaya Wardana, Dodi
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.951

Abstract

The noken or tie system in Papua is the system used in the presidential and vice-presidential election, technically represented by a big man or tribal chief. The validity of the noken system is not in the form of written rules (laws) but only in the form of traditional Papuan beliefs that have been passed down from generation to generation, in other words, unwritten rules. Because noken is believed to be able to bring relations, familiarity, friendship and kinship among Papuans. This research uses a type of normative legal research with the method of approaching laws and legal concepts. In this study it was found that the noken system had implications contrary to a number of legal and theoretical principles in law. As in a constitutional state that adheres to written rules alluding to elections being held on the basis of direct, free, secret and fair principles. Likewise with the theory of democracy in terms of the implementation of elections that want to be held through absolute participation of the people in politics because it is aimed at the common interest. Preservation of culture through the noken tradition is only suitable for use in everyday life as it can be used in solving local customary problems, through deliberations for consensus through intermediaries of big men or tribal chiefs as the noken system was done before.
Joint Venture (JV) dengan Skema Special Purpose Vehicle (SPV) untuk Penanaman Modal Asing di Indonesia Darin Sevira, Jihan
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.v6i1.952

Abstract

Foreign investment in one of the countries in the South East Asia, Indonesia can be executed in the structure of joint venture (JV) scheme between foreign investors and domestic investors. This investment can be conducted in the form of a special purpose vehicle (SPV) whereass a new company will be formed to accommodate this JV collaboration. This paper analyzes the SPV based on regulations in Indonesia and SPV in the case of JV schemes based on the relevant regulations in terms of foreign investment in Indonesia. In the end, the researcher concluded that joint ventures in Indonesia have been regulated in Law Number 25 of 2007 concerning Investment, however regarding SPV, the regulations that regulates are still inconsistent and inadequate in Indonesia.
Penyelenggaraan Pengembangan Produk Layanan Perbankan Berupa BNI Mobile Remittance Pramodawarddhani, Cathleya Anjani
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.v6i1.953

Abstract

Technological developments have a major influence on the banking world, one of which is remittance activities. With the rapid development of technology, one of the banks in Indonesia wants to create a remittance service application called BNI Mobile Remittance developed by BNI Singapore Overseas Branch Office (KCLN). Based on this description, the author is interested in discussing further about how to carry out the development of banking products in the form of BNI Mobile Remittance in accordance with applicable laws and regulations and their obstacles? This research is a normative research supported by interviews with related resource persons using primary and secondary data. The results of this research are that the implementation of BNI Mobile Remittance banking product development can be carried out after obtaining approval from the Financial Services Authority where the approval will be given after BNI meets the requirements set out, but obstacles in licensing the implementation of BNI Mobile Remittance are discrepancies in the licensing which is other than Financial Services Authority, BNI needs to obtain additional approval from Bank Indonesia and there is ambiguity over the status given by Financial Services Authority in submitting the product. In the system, the BNI Mobile Remittance permit application only states that "we have received the application file", not "application approved".
Integrasi Hukum Perlindungan Konsumen dan Persaingan Usaha Atas Data Pribadi Konsumen Pada Platform Digital Sari, Kurnia Ambar
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.v6i1.954

Abstract

The era of the digital economy has brought convenience to consumers and has provided threats to the protection of personal data for consumers. Furthermore, data, which is currently considered as an asset, has become an important commodity for business actors to expand their market share through efforts in order to understand consumer behavior through big data. As a result, business actors are not only obliged to maintain the protection of consumers' personal data vertically, but they also should pay attention to their competitive behavior in the market horizontally with other business actors which could potentially violate consumer rights. By using a doctrinal research method which conducted a study of statutory regulations, it shows that regulations regards to the protection of personal data in the fields of consumer protection law, electronic transaction law, and personal data protection law are quite comprehensive and they accommodate consumers' privacy rights over their personal data. However, in order to prevent the concentration of market power in companies which control big data due to corporate actions and in order to increase the protection of consumers' personal data more optimally, integration between business competition authorities, consumer protection and personal data protection is needed.
Derivatif Action sebagai Upaya Perlindungan Hukum bagi Perusahaan PMA Firdaus, Muhammad Reza
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.v6i1.955

Abstract

In running a company, the Board of Directors and Commissioners are certainly not exempt from errors, mismanagement, or fraudulent activities that may lead to actions detrimental to the company and shareholders. Therefore, there must be legal protection for the company and its shareholders. One solution to this legal protection issue is derivative lawsuits, as exemplified by Prosper China Investments Limited. Based on the above description, the author is interested in conducting research and discussion on whether the derivative action filed by PT Merge Energy Sources Development constitutes a form of legal protection for a Foreign Investment Company (PMA). Additionally, it examines the challenges and issues associated with derivative actions within the legal provisions in Indonesia. This research employs a normative juridical method, utilizing secondary data through a literature review. The findings of this study indicate that the derivative action taken by PT. Merge Energy Sources Development's shareholders is in accordance with applicable laws, as it is regulated in Article 97, paragraph (6) of the Company Law concerning directorial lawsuits and Article 114, paragraph (6) of the Company Law concerning commissioner lawsuits. However, the mechanism of derivative action as a legal protection tool in Indonesia is not yet sufficient, primarily due to the limited regulations regarding derivative actions in Indonesia compared to Common Law countries, and even in comparison to Civil Law countries.

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