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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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Kesiapan Perlindungan Merek Pelaku Usaha Menuju UMKM Unggulan di Kota Serang Dwisvimiar, Inge; Syahrul Mucharom, Rully; Nurzahira, Anbar
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.v6i2.1134

Abstract

The ease of access to trademark registration and the special treatment of reduced registration fees given to Micro, Small and Medium Enterprises have not made the employers register their brands as a form of preparedness towards legal protection of brands.The aim of this research is to analyze the readiness that must be met by Micro, Small and Medium Enterprises based on local food ingredients in legal brand protection and their efforts towards leading enterprises in Serang City. The research method used is the empirical normative method. The data sources used are primary and secondary data with data collection techniques in the form of field studies and literature and analyzed descriptively qualitatively. The research results show that the readiness of Micro, Small and Medium Enterprises in legal protection of brands is to prepare for trademark registration, fulfill the requirements and carry out trademark registration to obtain a brand certificate as proof of ownership of brand rights and obtain brand protection. The efforts of Micro, Small and Medium Enterprises towards excellence are by innovating in improving product quality, finding funding sources, using technology in product marketing, taking advantage of programs created by the government, and paying attention to legal aspects.
Perlindungan Hukum Bagi Konsumen Terhadap Pengguna Jasa ShopeeFood Ditinjau Dari Undang- Undang Perlindungan Konsumen Widyasari, Dini; Iskandar, Hardian
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.v6i1.1135

Abstract

ShopeeFood's online food delivery feature makes it easier for consumers not to have to laeve the house when they want to buy food. However, online transactions carried out using the ShopeeFood feature also have risks compared to direct transactions, where of course consumers can directly see the condition and quality of the product they want to purchase or can object or complaint directly. The main problem in this writing is the mismatch in orders received by ShopeeFood consumers. Of course, consumers feel disadvantaged by this happening. So consumers need legal certainty regarding responsibility for these losses in terms of the Consumer Protection Law. The research method used is normative legal research carried out using secondary data as legal material in the form of primary legal material. So the results of the research and discussion in this scientific journal will be able to answer the problems that occur, namely ShopeeFood provides a policy that consumers can submit requests for refunds or product replacements to Merchant or business actors through the platform provided by ShopeeFood. According to Law Number 8 of 1999 concerning Consumer Protection, if business actors do not carry out their obligations which are consumer rights, then consumers can sue the Merchant or business actor.
Tanggung Jawab Perusahaan Ekspedisi Atas Kerusakan Dalam Pengiriman Barang (Studi Kasus Shopee Express) Salsabillah, Silfiyana; Iskandar, Hardian
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.v6i1.1136

Abstract

In the era of electronic commerce that continues to grow, Shopee Express as one of the main players in the e-commerce industry offers efficient and fast delivery services. However, in the process of shipping goods, the risk of damage or loss is always there. This negligence is the responsibility of the expedition company, because the company has an obligation to compensate for losses experienced by consumers. These provisions are contained in Law No. 8 of 1999 concerning Consumer Protection. This research aims to analyze and determine the form of consumer protection against damage to goods in terms of business actors, the role of government up to the settlement stage. The main problem raised in this research is how to protect consumers, especially in the event of damage during the goods delivery process. The research method used in writing this article is normative legal research, data collection techniques by examining library materials or secondary data based on research results that to submit a product replacement claim, consumers are required to submit evidence in the form of photos/videos, provisions that have been made by Shopee Express and approved by the consumer when they want to make a transaction is an absolute decision and cannot be contested.
Implementasi Kebijakan Kawasan Perdagangan Bebas/Free Trade Zone (FTZ) Terhadap Masyarakat Bukan Pelaku Usaha di Kota Batam Florencia, Cherlyne Baby; Rasji, Rasji
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.v6i1.1137

Abstract

A free trade area or also known as a Free Trade Zone (FTZ) is an area that is given exemption from export-import duties, customs duties, Tax, exemption and Sales Tax exemption on Luxury Goods (PPnBM). Based on Government Regulation (PP) Number 46 of 2007 concerning Free Trade Zones and Free Ports in Batam, the city of Batam is designated as a free trade area. This is based on its geographical location, which borders directly with neighboring countries and is on international shipping lines. The policies provided FTZ will certainly have an impact on the people of Batam City, for this reason it is necessary to know the impact of the FTZ policy on the people of Batam City, especially non-business actors. The regulation had various impacts, one of which is from the positive side that makes easier for the people of Batam City to obtain imported goods, but from the negative side it creates difficulties for the people of Batam City who are not business actors in sending goods out of Batam City because must still need to pay Tax. Even though these goods not imported goods or goods for trade, there are no clear provisions regarding the differentiation of goods included in the city of Batam because they are all considered imported goods. For this reason, it’s important for the government to evaluate and reconsider the free trade area policy rules in order to provide policies that can take into account the people of Batam City, especially non-business actors
Analisis Terhadap Pengabulan Izin Poligami dengan Alasan Telah Menghamili Calon Istri Kedua (Telaah Putusan Nomor 41/Pdt.G/2019/PA.Rtg) Arbie, Alfian; Milhan, Milhan
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.v6i1.1138

Abstract

It turns out that applications for permits for polygamy in Indonesia have various reasons for submission, applications that are very diverse not only include the three reasons stated in the legislation, namely the wife cannot carry out her obligations, has a physical disability and cannot give birth to offspring. In this research, the author found a decision regarding a polygamy permit case on the grounds that the future second wife was pregnant, whose decision was actually granted, namely the decision of the Ruteng Religious Court in Case Number.41/Pdt.G/2019/PA.Rtg. The problems observed in this research relate to the judge's basic considerations in granting permission for polygamy and the review of issues regarding the decision of the Ruteng Religious Court Number.41/Pdt.G/2019/PA.Rtg. This research is a type of library research and qualitative form. Article 57 of the Compilation of Islamic Law and the Marriage Law, impregnating a prospective second wife does not include the permissibility of polygamy. Thu all conditions outside the legislation must of course be adjusted to the conditions. So the panel of judges was guided by Article 43 of Government Regulation number 9 of 1975 that "if the court is of the opinion that there are sufficient reasons for the applicant to have more than one wife, then the court will give its decision in the form of permission to have more than one wife." If we look at maslahah murrasa, it is already known that one of the requirements of maslahah murrasa itself is for the public benefit, not for personal benefit, so that it will bring benefits to humanity and prevent harm to the public, not to reject personal harm or bring benefit. for himself. So according to the author, granting permission for polygamy on the grounds that he has already impregnated the prospective second wife cannot be justified.
General Principles of Good Government on the Competence of Government Apparatus in Making State Administration Decisions Razak, Askari
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.v6i1.1139

Abstract

This research will focus on specific aspects in PTUN decisions that can act as a guide for government officials in improving the quality of administrative decision making. Investigating the impact of PTUN decisions on changes or improvements to administrative policies within government officials is also the aim of this research. This research will identify potential gaps between PTUN decisions and administrative decision-making practices by government officials, as well as analyze the implications of these gaps for their competence. Furthermore, this research will examine how participation and coordination between government officials and legal institutions such as PTUN, can contribute to enriching the process of making better administrative decisions. The research method used is the normative juridical method. It is hoped that the results of this research will provide new insight into the importance of collaboration between government officials and legal institutions in improving the quality of administrative decision making in Indonesia.
Akibat Hukum Kartu Keluarga Bagi Pasangan Kawin Tidak Tercatat Menggunakan Surat Pernyataan Tanggungjawab Mutlak Berdasarkan Peraturan Menteri Dalam Negeri Nomor 108 Tahun 2019 Tentang Persyaratan Dan Tata Cara Pendaftaran Penduduk Dan Pencatatan Sipil Amelia, Dian; Ulfanora, Ulfanora; Febrizal, M. Iflah
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.v6i1.1140

Abstract

Marriage in society many occur without registration by the state, or known marriages have not been registered. According to The Domestic Affairs Minister Number 108 Year 2019 regarding the terms and regulations of the registration of the population and the civil record of married couples who have no record of marriage books can also record marriages in the occupational and civil record service by signing a waivement of marriage responsibilities. The purpose of this study is to find out the mechanisms and consequences of the law of issuing family cards for unregistered married couples using a letter of absolute liability based on The Domestic Affairs Minister Number 108 Year 2019. Research using normative juridical method with the nature of descriptive analysis research. The results of this study explain that violations ways to make a new family card for unregistered married couples must complete the requirements of filling the form F1.05 or A letter of absolute liability of marriage/divorce has not been registered and known by two witnesses and attaching a letter marriage has not been registered. Second, The legal result of publishing a family card for a married couple has not been recorded using a a letter of absolute liability based on Domestic affairs minister number 108 year 2019. In general, the increase in marriage practice has not been registered, Increased application for marriage books through the validation path, Increased demand for marriage confirmation, It also affects wife and children.
Sumbangan Dana Kampanye Pada Pemilu 2024 (Analisis Regulasi Kepemiluan di Indonesia) Ilham, Ilham; Hasba, Irham Bashori
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.v6i1.1141

Abstract

The implementation of general elections in Indonesia requires a consistent and sustainable electoral system in order to minimize changes in new laws or regulations in each election. General elections as a key element of democratic implementation which involves direct participation of citizens in the election of state and government administrators. Democracy and elections have a close relationship because elections are a means to achieve democracy and oversee the process of transferring people's power to their representatives through political candidates. Elections are governed by constitutional principles and in accordance with the direction of state policy, one of which is through financial support by the state in elections and election participants. The implementation of campaigns by election participants definitely requires sources of funds obtained and derived from various sources based on applicable legal provisions and restrictions. The existence of Law Number 7 of 2017 concerning General Elections which also regulates campaign finance aims to ensure the achievement of fairness and transparency. Campaign finance limits apply of course with strict mechanisms because election finance often intersects with issues of transparency, accountability, money politics, corruption risks and resistance to politicization. Therefore, strict regulation and effective monitoring are needed. This study analyses election regulations in Indonesia with a focus on campaign finance. The juridical-normative approach is used to understand the written law and its implementation in practice. Data analysis is descriptive qualitative which aims to understand the dynamics of the use and important role of campaign funds in organizing general elections.
Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Andi Putra Pratama, Guswanda; Respationo, Soerya; Erniyanti, Erniyanti; Fadlan, Fadlan; Nofrial, Ramon
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.v6i2.1142

Abstract

This research aims to determine the obstacles that occur for auction buyers in vacating auction objects due to resistance from debtors or third parties, denying that debtors have been negligent in carrying out their obligations towards creditors, debtors who do not acknowledge the amount of debt from all costs that have been incurred by creditors first for the purposes of encumbrances in mortgage rights. The nature of this research is analytical descriptive. This research is also included in empirical juridical research. The data source used in this research is secondary data sources. This research was carried out at the Batam State Property and Auction Service Office (KPKNL) which was the research location. In collecting data for this research, the techniques used were library research and field research methods. The data collection tools used in this research are document study or literature study and interviews. Meanwhile, the data analysis used in this research is qualitative analysis. The conclusions that will be drawn in this research are carried out deductively. The results that have been obtained from this research are the auction minutes as authentic deeds that have perfect evidentiary power, the efforts made by KPKNL in overcoming obstacles in the auction for the execution of mortgage rights at KPKNL must be completed properly and auction buyers who have good intentions must be protected by law.
Pertimbangan Hakim Terhadap Kepentingan Anak Dalam Mengabulkan Dispensasi Perkawinan Pasca Berlakunya Undang-Undang No. 16 Tahun 2019 Angel, Rose Benedict; Hadiati, Mia
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.v6i1.1143

Abstract

Penelitian ini dilatar belakangi oleh banyaknya permohonan dispensasi perkawinan setelah penerapan undang-undang terbaru terkait batasan usia perkawinan. Penelitian ini mengkaji pertimbangan hakim baik dari aspek normatif maupun sosial agar permohonan dispensasi ini dapat diterima. Penelitian ini fokus pada bagaimana hakim meninjau permohonan dispensasi perkawinan pasca diundangkannya Undang-Undang Nomor 16 Tahun 2019. Penelitian ini menggunakan pendekatan undang-undang. Hasil penelitian ini menunjukkan bahwa hakim dalam memutus perkara dispensasi perkawinan tidak hanya melihat pada kelengkapan administrasi hukumnya saja. Namun juga dari sudut pandang sosiologi, pemberian permohonan dispensasi melihat aspek manfaat yang harus diperoleh untuk menghindari kerugian yang lebih besar. Implikasinya, perubahan undang-undang terkait dispensasi perkawinan semakin meningkat karena menjadi tata cara penyelesaian administrasi perkawinan bagi pasangan di bawah umur dalam ketentuan undang-undang.

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