Unes Law Review
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
Articles
3,910 Documents
Akibat Hukum Pemilik Tidak Mengambil Pesanan Jahitan di Desa Hamparan Perak Kecamatan Hamparan Perak Kabupaten Deli Serdang Perspektif Fatwa DSN-MUI No: 112/DSN MUI/IX/2017 Tentang Akad Ijarah
Fazira, Aina;
Sahlia, Sahlia
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i1.1182
One of the professions of residents in Hamparan Perak Village is as a tailor. The problem often faced by tailors in Hamparan Village is that consumers do not take orders. The aim of this research is to determine the factors causing not taking orders for stitches and the impact and legal consequences of not taking orders for stitches from the perspective of DSN-MUI Fatwa NO: 112/DSN-MUI/IX/2017 Concerning Ijarah Contracts. This type of research is empirical juridical with a living case studies approach and a conceptual approach. Data was collected using interviews and document study methods, then the data was processed and analyzed using qualitative methods. The results of the research showed that stitches were not taken because the orderer did not have the money when the time came for the order to be taken, therefore the tailor suffered material and material losses, namely energy and costs to buy additional materials to adjust the order. Based on the DSN-MUI Fatwa NO: 112/DSN-MUI/IX/2017 concerning the Ijarah Agreement, the legal consequences of not taking the order by the customer, means that the tailor in this case has the right to sell the order to a limited extent and only take it as sewing wages as agreed at the beginning and additional maintenance costs are added so that the stitching matches what the customer ordered while it is in the hands of the tailor.
Revitalisasi Pancasila: Epos dan Kontroversi di Balik Undang-Undang Cipta Kerja
Wulandari S, Lestari
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i1.1183
This article explores the epic and controversial dimensions in the context of Pancasila Revitalization as revealed through an in-depth study of the Job Creation Law. The revitalization of Pancasila is the primary basis for responding to social and economic changes in the contemporary era, which are reflected in the latest legal reforms. Through an interdisciplinary approach, this article outlines the journey of the Pancasila Revitalization epic, revealing its critical role in shaping the national legal structure. Not only as an ideological doctrine, Pancasila is the conceptual basis for designing and implementing the Job Creation Law. However, this part of the epic also involves several controversies arising from various societal levels. The controversy discussion includes multiple perspectives, ranging from the economic impact to the social tensions. This article explores the layers of complexity that arise from the combination of the noble ideals of Pancasila and the reality of its implementation in the Job Creation Law. By highlighting crucial points, this article aims to provide a deeper understanding of the relationship between Pancasila, current legislation, and societal dynamics. In this way, readers are invited to reflect on the significance of the Revitalization of Pancasila in shaping the future direction of law and justice in Indonesia.
Sinyal Internet di Baduy: Dilema Antara Tradisi dan Modernisasi
Lestarini, Ratih
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i2.1184
The Government's policy to increase the development of BTS provision and internet access throughout the territory of the Republic of Indonesia for economic development, especially as a result of the Covid-19 pandemic, is not without obstacles. On the one hand, the internet signal brings positive impacts through economic activities that are carried out efficiently and rationally, but for indigenous peoples such as the Baduy Tribe, Banten feels a negative impact with the entry of foreign values that damage the rules and social order in Baduy. Therefore, the Baduy Tribe applied for the removal of internet signals and the transfer of BTS from the Baduy customary land from various directions. There are two research questions, namely, 1) how Baduy Indigenous People respond to it, and 2) how Baduy local wisdom resolves the dilemma. The above questions are answered through the Socio-Legal method with legal sociology approach. This research is chosen because the author analyses the Government's policy and how the policy implementation for Baduy Tribe. The result of the research shows that Baduy Tribe strongly holds the tradition and ancestral belief system with the constancy of the behavior pattern that orientates to their belief system, has been able to solve their problems through local wisdom, they are willing to make adjustments to their customary law even though it is limited by allowing the existence of internet signals in Outer Baduy. The Government's decision to accept the application is also a decision to allow internet signals in Outer Baduy.
Peran Penting Penasihat Hukum dalam Peradilan Pidana Untuk Pemenuhan Hak Bantuan Hukum Tersangka Atau Terdakwa
Chandra, Kelvin;
Rahaditya, R.
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i1.1185
This research aims to examine the crucial role of legal advisors in criminal justice systems in ensuring the fulfillment of legal aid rights for suspects or defendants, as prescribed by Article 54 of the Indonesian Criminal Code (KUHAP). Legal advisors play a vital role in guaranteeing that suspects or defendants have access to adequate legal assistance throughout the trial proceedings. The research employs empirical normative methods, collecting data through literature reviews and analyzing relevant case studies. The findings indicate that legal advisors have a significant impact on upholding justice and safeguarding the rights of suspects or defendants. They assist in comprehending legal rights, providing suitable legal counsel, devising defense strategies, and undertaking other duties pertaining to legal aid. Effectively meeting the requirements of legal aid positively influences the quality of the judicial process and promotes justice for suspects or defendants. Consequently, the study offers recommendations to enhance the role of legal advisors and ensure the fulfillment of legal aid rights, such as increasing financial resources and support for legal aid organizations, implementing educational programs to raise public awareness, and improving accessibility to legal aid for vulnerable groups.
Pertanggungjawaban Pidana Terhadap Pelaku Investasi Bodong (Kasus CV Raihan Jewellery)
Putri, Lisentia;
Firmansyah, Hery
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i1.1186
Fraudulent investment is a form of crime where a certain amount of money is asked to invest in a product or business that does not ictually exist. Business in Indonesia is currently experiencing rapid development following the digital era, namely by utilizing technology to simplify the transaction process. The Indonesian financial services industry has utilized facilities called fintech. Companies and individuals also experience convenience in their business because they are assisted by fintech technology. However, in practice there are still many companies that use technology for illegal business, especially in the field of fraudulent investment with various kinds of schemes. The conditions for imposing criminal responsibility on perpetrators of online fraud are that all elements of the criminal act are fulfilled and the purpose of the act can be proven. This was done deliberately with awarenessm that the act would be condemned by law. To determine criminal responsibility for criminal acts of online buying and selling fraud, you must refer to specific laws, because to avoid misinterpretation if using conventional evidence and avoid the emergence of other interpretations, and there needs to be an understanding from law enforcers regarding the expansion of the evidence. In order to avoid misunderstandings, to have the same thoughts about the value of the evidentiary power of electronic evidence contained in the ITE Law.
Peran Kejaksaan dalam Perampasan Aset dalam Pemberantasan Tindak Pidana Korupsi Serta Kendala Yang Dihadapi dalam Pelaksanaannya
Yohanes, Yohanes;
Danil, Elwi;
Mulyati, Nani
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i1.1187
This research is motivated by the lack of optimal eradication of criminal acts of corruption in Indonesia, which is indicated by data showing that the value of state financial losses in criminal acts of corruption that have been handled cannot be recovered by law enforcement. This issue is a challenge in eradicating criminal acts of corruption, not only imprisoning the perpetrators of corruption but more than that, how to confiscate the assets of the perpetrators of corruption as far as possible and return them to the state. Based on data released by ICW, the handling of criminal acts of corruption has not been followed by optimal asset recovery, including that carried out by the Prosecutor's Office. Using empirical juridical methods, this research concludes that the Prosecutor's Office has a very important role in carrying out Asset Confiscation in eradicating criminal acts of corruption, both as investigators, public prosecutors and as State Attorneys. However, this role cannot be carried out optimally by the Prosecutor's Office, especially in the regional level, in this case the High Prosecutor's Office and the District Attorney's Office, are still experiencing various obstacles. in implementation.
Eksistensi Perjanjian Buy Back Guarantee dalam Pembelian Rumah Melalui Kredit Pemilikan Rumah (KPR)
Syafiqah, Nadiyah;
Prasanthi Sigit, Antarin
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i2.1188
Penelitian ini bertujuan untuk menganalisis kedudukan buy back guarantee dalam sistem hukum di Indonesia dan keabsahan buy back guarantee dalam penyelesaian persoalan tunggakan KPR. Penelitian doktrinal ini menggunakan studi kepustakaan dalam pengumpulkan data sekunder berupa bahan-bahan hukum yang dianalisis secara kualitatif. Dari hasil analisis dapat dijelaskan bahwa buy back guarantee dapat disamakan dengan perjanjian jaminan perorangan (borgtocht) karena perjanjian buy back guarantee merupakan perjanjian tambahan (accesoir) yang dibuat berdasarkan perjanjian pokok (yaitu perjanjian kredit). Dalam KPR, buy back guarantee diperlukan oleh bank sebagai jaminan dari developer untuk pelunasan pembayaran tanah atau rumah yang dibeli konsumen namun dalam kondisi sertipikat belum ada atau belum dipecah (sehingga belum bisa dilakukan pembuatan Akta Jual Beli (AJB) dan Akta Pemberian Hak Tanggungan (APHT) beserta Sertipikat Hak Tanggungan (SHT)).
The Politics of Criminal Law in Tackling Crimes Under the Guise of Electronic Investment in Indonesia
Manullang, Herlina;
Habeahan, Besty;
Nduru, Idarniman
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i2.1189
Criminal law politics is indispensable in tackling crimes under the guise of electronic investment to overcome the rampant crime in the field of information technology. The Criminal Code, Consumer Protection Law has not been able to overcome information technology crimes, then the government issued Law No. 19 of 2016 concerning Electronic Information and Transactions as an anticipatory step against the negative impact of advances in information technology. The cyber world has great crime potential and is very difficult to catch because most of the people present in cyberspace are fictitious. Countermeasures carried out by the government in tackling crimes under the guise of electronic investment are still oriented towards the criminal justice system, by applying the provisions in Law No. 19 of 2016 concerning Electronic Information and Transactions. Countermeasures faced by law enforcement in tackling crimes under the guise of electronic investment include, lack of law enforcement officers savvy with technology, limited facilities and infrastructure, and lack of public investment skills.
Resolusi Konflik Dalam Keluarga Terhadap Anak Yang Terlibat Dalam Hukum
Junaedi, Junaedi;
Abdullah, Abdullah;
Lala, Andi
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i2.1190
This article explores the consequences of conflict resolution within the family sphere on children involved in the legal system. The discussion covers aspects such as sources of conflict, resolution strategies, and psychological impacts for children involved in legal situations. With an interdisciplinary approach, this article illustrates the complex relationship between family conflict and a child's journey through the legal system, specifically focusing on the long-term impact on their psychosocial well-being. The findings of this study provide valuable insights for legal practitioners, social workers, and relevant parties in handling children's cases involved in law, with the aim of enhancing a holistic approach and providing better support for these children.
Rekonstruksi Penegakan Sanksi Pidana Terhadap Justice Collaborator dalam Perspektif Kepastian Hukum dan Keadilan
Haykal, Hassanain
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti
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DOI: 10.31933/unesrev.v6i2.1191
Law enforcement is an important aspect of a legal system, where a good law enforcement will achieve the rule of law. Law enforcement cannot be separated from enforcing sanctions and procedural enforcement. In the realm of criminal law, the enforcement of sanctions against perpetrators of criminal acts should be in accordance with the norms that set out in statutory regulations and fulfill the legal certainty and justice. However, enforcement of sanctions must also consider certain reasons that cause criminal sanctions to fulfill a sense of justice without eliminating the certainty of law, one of which is the enforcement of sanctions against Justice Collaborators. For this reason, it is necessary to reconstruct the enforcement of criminal sanctions against Justice Collaborators. The research methods used in this paper is Normative Juridical, with a conceptual approaches, cases and statutory approach, with the theory of legal certainty and justice. Based on this, the reconstruction that can be carried out is to determine the amount of imprisonment in the statutory regulations toward Justice Collaborators by providing leniency (imprisonment) as much as half of the maximum sanction from the article charged.