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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 3,910 Documents
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Kepastian Hukum Terhadap Pemegang Hak Milik Atas Tanah Atas Penerbitan Sertifikat Ganda Fahrani, Ahzaza; Djaja, Benny; Sudirman, Maman
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.v6i1.1122

Abstract

Certificate of land ownership regulated in the Undang-Undang Pokok Agraria (UUPA) is an ownership proof of the land right where it becomes powerful evidence. The increasement of necessity of a land is not followed by the increasement of the availability of land that can be utilized by the society, which causes many disputes related to the ownership or land right. One of many problems that arises is double certificate on a land. Double certificate on a land causing risks on the owner of land right where such phenomena caused by the maladministration to criminal action. Badan Pertanahan Nasional (BPN) as an institution established by the Government that holds the sole authority in national land should be responsible in the matters related to the land dispute, especially double certificate. Beside that, there is a necessity on the legal protection to be provided by the State for the owner of land right to protect the rights of the land owner. The research performed using juridical normative with legislation approach and conseptual approach. The results of the research will be presented in the form of an explanatory-analysis where the author explains the legal certainty for land ownership holders regarding the issuance of double certificates
Penitipan Sertipikat Tanah pada Kantor Notaris dalam Pembuatan Akta Pengikatan Jual Beli Tanah di Kota Bukittinggi Wulan, Sari; Warman, Kurnia; Yoserwan, Yoserwan
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.v6i1.1125

Abstract

The agreement of sale and purchase made before notaries is commonly referred to as the Deed of Sale and Purchase, hereinafter referred to as PPJB (Perjanjian Pengikatan Jual Beli). PPJB is a temporary agreement made when the conditions for the sale and purchase process are not yet fulfilled. In the practice of notarial deeds, it is common to store land title certificates related to the deed, whether it is Right to Build (Hak Guna Bangunan) or Right of Ownership (Hak Milik). In reality, many parties have ill intentions, leading to cases of reporting notaries for alleged embezzlement of the deposited land certificates. This thesis addresses the following issues: 1) What are the reasons for storing land certificates in the making of Sale and Purchase Deeds in the city of Bukittinggi? 2) What are the responsibilities of notaries regarding the storage of land certificates at the Notary Office in Bukittinggi? 3) What legal protections are available for land certificate holders who have entrusted their certificates to the Notary Office? The research method used in this study is the empirical juridical method, which involves approaching the problem by examining the applicable legal norms and connecting them with the legal facts found in the field. The reasons for depositing certificates at the notary office, especially with Notary Elfita Achtar, are due to the incomplete legal process and the absence of clear and immediate elements in the sale and purchase agreement. The responsibilities of a notary regarding the deposited certificates can be categorized into three types: administrative responsibility, civil responsibility, and criminal responsibility. Legal protection for certificate owners can be sought through administrative means (filing a report with the Notary Supervisory Board), civil means (filing a civil lawsuit with the District Court), and criminal means (submitting a report to the Police Office).
Konsekuensi Yuridis Pengoperan dan Penyerahan Hak Atas Kepemilikan Rumah Secara dibawah Tangan Yang Masih dalam Jaminan Bank Indriani, Lidya; Azheri, Busyra; Fauzi, Wetria
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.v6i1.1126

Abstract

Baseld on this casel, thel writelr foculseld on how thel lelgal forcel and lelgal conselqulelncels of thel ovelr creldit and transfelr of houlsel ownelrship in ulndelrhand deleld is gularanteleld by thel bank. Belsidels, this thelsis aim to know how is thel lelgal protelction for bank and third partiels as handovelr relcipielnts and transfelr of houlsel ownelrship in ulndelrhand deleld is gularanteleld by bank. This stuldy casel is baseld on normativel julridical melthod of an analytical delscriptivel relselarch ulsing selcondary data throulgh primary lelgal matelrials, selcondary lelgal matelrials and telrtiary lelgal matelrials of data collelction telchniqulels by doculmelnt stuldiels and analyzeld qulalitativelly. Thel lelgal forcel of ovelr creldit and transfelr of houlsel ownelrship is an aulthelntic deleld bult it is delgradeld as a ulndelrhand deleld and thel lelgal conselqulelncels arel bank only relcognizels thel old mortgagelel as thel ownelr and gularantor whilel thel ovelr creldit and transfelr of houlsel ownelrship only binds thel delbtor and third partiels. Lelgal protelction for thel bank whelrel thel delbtor is in delfaullt, bank has thel right to confiscatel thel celrtificatel of ownelrship and aulction it throulgh a pulblic aulction baseld on thel mortgagel celrtificatel and lelgal protelction for third partiels as handovelr relcipielnts. Transfelr of houlsel ownelrship is carrield oult wheln thel delbtor is in delfaullt and thel third party can filel a lawsulit to thel district coulrt baseld on copy elvidelncel of ovelr creldit and transfelr of houlsel ownelrship signeld by a Notary. Thel ovelr creldit and transfelr of houlsel ownelrship ulndelrhand deleld is gularanteleld by bank doels not bind bank itsellf. Bank as thel holdelr of thel mortgagel right has thel powelr to selll thel mortgagel objelct if thel delbtor is in delfaullt whilel thel third party as handovelr relcipielnts and transfelr of houlsel ownelrship havel to throulgh procelss thel local district coulrt for relimbulrselmelnt of costs or compelnsation if thel delbtor is in delfaullt. Bank has to sulrvely thel condition of thel mortgagel objelct which is still in thel creldit pelriod and thel delbtor mulst kelelp promisels in thel agrelelmelnt with crelditors and third partiels in good faith.
Analisis Putusan Hakim Tentang Delik Perbankan Terkait Pengembalian Dana Debitur Dalam Rangka Penyelesaian Kredit Bermasalah (Studi Kasus Putusan Mahkamah Agung Nomor 7716 K/Pid.Sus/2022/Ma) Riauroikha, Hilmalia Sesy; Nuraini, Lia
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.v6i2.1127

Abstract

Banking plays a vital rolein a country's economy as an institution that collects funds from the public and distributes them through credit to support development.the public and distributes them through credit to support national development.development. However, the problem of non-performing loans often gets in the way,forcing banks to to find solutions including through the submission of repossessed collateral (AYDA).The resolution of non-performing loans involves credit evaluation, notification to the borrower, collateral valuation, collateral valuation, and collateral repossession. notice to the borrower, collateral valuation, agreement with the borrower, execution of collateral, auction or sale of collateral. execution, auction or sale of collateral, credit repayment, and reconciliation. This research reviews a case of banking crime involving the return of funds from the sale of collateralized assets. In this context, the court ruled that the action was not unlawful, but the Supreme Court overturned this ruling on the grounds that the verdict on the grounds of violation of Standard Operating Procedure (S.O.P), even though the refund was actually approved by the Board of Commissioners. the return had actually been approved by the Board of Commissioners. An analysis of analysis showed that the court's decision was more prudent and in accordance with the applicable laws and regulations. However, the Supreme Court gave a controversial. However, the Supreme Court gave a controversial decision by declaring the action as a criminal offense, even though fraud was absent and all processes had been properly followed. The results of this research provide a better understanding of the complexities of the and the role of the courts in assessing the actions of banks. actions of the bank. This research highlights the need for clarity in banking laws and protection of bank actions that are in accordance with the procedures regulated by law and the competent authority.
Lelang Barang Jaminan pada Perum Pegadaian Syariah Perspektif Fatwa Dsn Mui Nomor 25 Tahun 2002 (Studi Kasus di Sibuhuan Kecamatan Barumun Kabupaten Padang Lawas) Pohan, Irma Yanti; Zahra, Fatimah
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.v6i1.1128

Abstract

The sharia pawnshop in Sibuhuan, Barumun District, Padang Lawas Regency is a non-bank institution that also helps people from the micro class by providing financial assistance by pawning goods as collateral, in order to get a sum of money worth the goods guaranteed by agreement between the customer and the pawnshop institution. However, if it is due and the customer has not paid off the collateral, the pawnshop contacts the customer to ask whether the customer still wants to extend the collateral or not, and if the collateral is still being extended. then the customer must pay a fine for extending the collateral. And if the customer does not redeem the collateral, the pawnshop may auction the collateral. This research uses empirical or field legal research by means of interviews, questionnaires or questionnaires and observations. Meanwhile, in collecting data, researchers used primary, secondary data and relevant journals. The result of this research is that the customer needs knowledge regarding collateral items auctioned by the Pegadaian institution in accordance with the auction procedures carried out. For this reason, pawnshop institutions must explain to customers that the process of buying and selling pawned goods or auctioned goods must have an element of willingness in buying and selling auctioned goods, because the buying and selling of auctioned goods is legal and good according to the regulations in the DSN-MUI Fatwa. And the proceeds from the sale are not enough to pay off the Rahn's debt, so the Rahn is not obliged to pay the shortfall.
Kewajiban Pemerintah dalam Pemenuhan Kuota Minimal 2% Pekerja Penyandang Disabilitas pada Lingkungan Pemerintah Zora, Zimtya
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.v6i1.1129

Abstract

The government must ensure that the implementation of the human rights of every citizen is guaranteed without discrimination. There are three obligations that must be fulfilled by the state in this regard, to protect, to promote and to fulfill. Persons with disabilities have the same rights and opportunities to get work in any field without any differences. International law and national law have stipulated the rights of people with disabilities, so there is no more discrimination against them.
Analisis Yuridis Tentang Pembatalan dan Penolakan Keputusan Arbitrase Menurut Konvensi New York 1958 dan Implementasi di Indonesia dengan Undang-Undang Nomor 30 Tahun 1999 Roza Nova, Sri Asih
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.v6i1.1130

Abstract

Current economic developments have an impact on the public's lack of trust in their court institutions, where these court institutions are considered unprofessional, and not independent and even the moral integrity of judges in carrying out their profession has become blurred. Therefore, economic actors who really value time prefer alternative dispute resolution forums outside the court forum to resolve their business disputes which only require a short time and are in line with their business spirit. One of the alternative dispute resolution forums that is widely chosen and most popular among business people is arbitration. Decisions issued by this arbitration body are final and binding, but these decisions can be canceled and rejected as regulated in the 1958 New York Convention and implemented by Indonesia with Law No. 30 of 1999. Therefore, in this research, researchers will analyze how to regulate the annulment and rejection of arbitration decisions based on the two provisions mentioned above. To answer the questions in this research, the author uses normative juridical research methods. The research process will explore data in the form of legal provisions that have been written and are still in effect, as well as forms of information that have been published and the results of the analysis are described using qualitative methods, namely data acquisition methods, data organization. , sorting them into manageable units, synthesizing them, looking for and finding patterns, finding out what is important and what is learned, and deciding what can be used to answer the problem. From this research, the answer was found to be that both the 1958 New York Convention and Law No. 30 of 1999 do not concretely regulate the annulment of arbitration awards, but both regulations allow for the annulment of arbitration awards if they fulfill the requirements. Regarding the rejection of arbitration decisions, it is regulated concretely in article V of the 1958 New York Convention, as well as Law No. 30 of 1999, which also regulates concretely in article 66 letter c.
Pengaturan Perjanjian Asuransi Jiwa Unitlink dalam Kaitannya dengan Perlindungan Hukum Pemegang Polis Harvia Santri, Selvi; Fauzi, Wetria
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.v6i1.1131

Abstract

Insurance is a financial service product that offers risk protection against losses. Risks can vary, such as the risk of death, risk of disability, and risk of asset damage. Insurance that is currently in great demand is unit-link life insurance, which not only provides protection for life but also investment. In Unitlink Insurance, part of the money deposited in premiums will be used for the customer's investment needs. However, in practice, unitlink life insurance products cause many problems, namely failure to pay unitlink life insurance companies in disbursing claims to policyholders, therefore policyholders need legal protection to obtain their rights, clear and firm legal regulations are needed that regulate legal protection the policy holder. The aim of this research is to determine the regulation of unitlink life insurance and to determine the form of legal protection for unitlink life insurance policy holders. The type of research used is normative juridical. The results of this research show that unitlink life insurance regulations are contained in several provisions, namely Law No. 40 of 2014 and POJK provisions. Legal protection for policy holders is regulated in article 53 of Law No. 40 of 2014 concerning Insurance Business which states that legal protection for policy holders is carried out by means of the insurance company being obliged to register insurance with the policy guarantee institution. The form of legal protection for policy holders is also regulated in Law No. 8 of 1999 concerning Consumer Protection regarding the Rights and Obligations of Business Actors, in this case Insurance Companies.
Rehabilitasi Medik Terhadap Pasien yang Menggunakan Ganja Medis dalam Pengawasan Sebagai Pemenuhan Hak Atas Kesehatan di Indonesia Ismansyah, Ismansyah; Elvandari, Siska; Sofyan, 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.v6i1.1132

Abstract

The pattern of medical rehabilitation carried out by countries that legalize the use of medical marijuana, and the process of healing users from narcotic dependence varies, so various strategies and therapies for marijuana use are needed in various countries with emphasis on several indicators, such as: religion, form, and/or the basis of a country, what legal system is adopted by a country, what institutions exist in a country, which really focuses on the values ​​that live and grow in that country, which are feared will affect the aspects of national and state life , undermines the stability of the nation's economy, which of course affects a country's efforts to realize the welfare elements of a country, one of which can be obtained through legal development in general, as well as health development in particular.
Mekanisme Pemberhentian Sementara Jabatan Notaris (Studi Putusan Pengadilan Tata Usaha Negara No.88/G/2017/PTUN-JKT) Mirawati, Lintang; Soepanji, Kris Wijoyo
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.v6i1.1133

Abstract

The mechanism for granting sanctions imposed by the Notary Supervisory Board to Notaries who violate office regulations must be based on what has been regulated in the applicable laws and regulations. This is because the appropriate mechanism will provide legal certainty for the implementation of the Notary position. This study aims to analyze how the mechanism for temporary termination of notary positions, especially in MPPN RI Decision Number 03/B/MPPN/III/2017 in PTUN Decision No.88/G/2017/PTUN-JKT. In this study, the author uses a form of normative juridical research with the type of research used is descriptive research. The type of data used in this study comes from secondary data in this case is data obtained by the author from the literature study. Based on the results of this study, it is concluded that the mechanism for temporary termination of notary positions is one form of sanctions given by MPP where the temporary suspension must be followed up by MPP to the Minister of Law and Human Rights. MPPN RI Decision Number 03/B/MPPN/III/2017 in PTUN Decision No.88/G/2017/PTUN-JKT regarding the temporary suspension of Notary Achmad Munif there is a mechanism that is not heeded by MPP as mandated in UUJN and Permenkumham. So it can be said that the MPP decision as an individual and concrete norm in its determination is contrary to the norm above it.

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