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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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Upaya Perlindungan Hukum Terhadap Satwa Dilindungi Jenis Burung Cendrawsih Iriani, Kunto Fitricia Elfisa; Rahayu, Mella Ismelina Farma
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.v6i1.1203

Abstract

Burung cendrawasih merupakan burung endemic asli Papua yang sekarang memiliki status dilindungi dan berpotensi punah. Banyak hal yang dapat mengakibatkan terjadinya kepunahan terhadap burung cendrawasih seperti perburuan liar, rusaknya lingkungan hidup atau habitat asli burung cendrawasih dan juga terdapat faktor susah untuk berkembang biak. Dengan adanya hal – hal tersebut yang terus menerus terjadi dapat membuat terancamnya populasi burung cendrawasih bahkan dapat membuat jenis burung endemic asli papua ini menjadi terancam punah.
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Revenge Porn dalam Perspektif Hukum Pidana Islam Hidayat, Kamarul; Lubis, Syofiaty
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.v6i2.1204

Abstract

Criminal acts continue to develop along with developments in time and technology, but the law does not keep up with these developments, ultimately creating legal loopholes or the irrelevance of the law to criminal acts. In this study, the approach used is a normative juridical approach. The normative juridical approach is a legal research method that involves analysis of library material or secondary data as the main source to be researched through investigation of regulations and literature related to the issue being investigated. Based on the results of the study, the criminal act of revenge porn based on a judge's decision is prohibited in Islamic criminal law because of the act of adultery and bringing oneself closer to adultery and spreading disgrace with punishments of stoning and whipping as well as ta'zir.
Keabsahan Akta Notaris yang Menggunakan Cyber Notary Sebagai Akta Otentik Zaenul Islam, Ahmad; Kurniawan, Kurniawan; Hirsanuddin, Hirsanuddin
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.v6i2.1206

Abstract

The rapid development of information technology can enable Notaries in carrying out their positions to interact indirectly with interested parties. This research is normative legal research which aims to analyze the concept of cyber notary as an authentic deed in Indonesia and the validity of notarial deeds that use cyber notary as authentic deeds. The results of this research are: The cyber notary concept is a concept that utilizes technological advances for notaries in carrying out their duties, such as: digitizing documents, signing deeds electronically, holding General Meeting of Shareholders (GMS) via teleconference. The validity of notarial deeds using Cyber ​​Notary is based on Article 16 paragraph (1) letter m UUJN in its explanation that the Notary must be physically present and sign the deed simultaneously with the presenters and witnesses. So the validity of the cyber notary as an authentic deed cannot yet be said to be authentic.
Penyelesaian Perjanjian Kredit Dalam Hal Debitur Telah Meninggal Dunia Tanpa Kepemilikan Asuransi (Studi di PT. Bank Nagari Cabang Utama) Danovand, Calvin; Azheri, Busyra; Adelina Mannas, Yussy
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.v6i2.1207

Abstract

Credit agreements are provisions that have legal certainty and apply as law to the parties to the agreement. In accordance with Article 1338 of the Civil Code paragraph (1) states that, "Any agreement made by the parties concerned constitutes a binding law between the two parties." So that in every credit agreement between the creditor and the debtor gives rise to a binding force between the debtor and the creditor, the settlement must be obedient and in accordance with the grace period that has been determined by both parties. Based on the background above, the problems to be studied are: 1) How to resolve the credit agreement in the event that the debtor has died without insurance ownership in PT. Bank Nagari West Sumatra Region? 2) How to carry out the responsibility of the heirs who receive inheritance on the debts of the heirs in PT. Bank Nagari West Sumatra Region? To solve the problem, an empirical juridical approach is used with the main data being primary data in the form of primary, secondary and tertiary legal materials. The results of the study and discussion that the Settlement of credit agreements for debtors has died without ownership of life insurance in Nagari Bank. Based on the results of the study, the following data can be obtained; 1) Guided by the legal provisions of Article 1381 of the Civil Code, steps taken after the event of the deceased debtor's situation, namely: payment, cash payment offer followed by storage or custody (consignation), debt renewal (novation), , debt encounters (compensation), mixing debts (confucion), debt relief, destruction of objects / goods that are the object of the agreement, void terms in each agreement (void / cancel), the enactment of a condition is void, and because of the expiration of time (expiration). This effort is made after the situation of the debtor has died. In addition, ways are taken through banking administration, non-litigation and litigation methods 2) The mechanism for the Implementation of Heir Responsibilities for the Debts of the Deceased Heir is by deliberation between the Credit Rescue Division and the Credit Officer with the Heirs of the debtor concerned. It aims to seek agreement on the payment of the remaining outstanding debtor credit to be settled and to look back at how the debtor's business was abandoned as well as what the condition of the collateral was collateralized to the bank. At that time, the bank assesses the ability to repay as well as the character of the customer itself. Research Methods. In conclusion, Bank Nagari was negotiate with the debtor's heirs who do not have the ability to pay their credit. Bank Nagari proposed the sale of the credit collateral, and found a third party who wanted to buy and sell the collateral to cover the credit.. Advice, maintain communication more intensely to safeguard the rights of both parties.
Penerapan Wasiat Wajibah Terhadap Ahli Waris Non Muslim Dari Prespektif Kompilasi Hukum Islam (KHI) (Suatu Analisis Dari Putusan Mahkamah Agung Nomor. 331/K/Ag/2018/MA) Noviyanti, Liana
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.v6i1.1208

Abstract

A mandatory will is a will intended for heirs or relatives who do not receive a share of the inheritance from the testator given by the judge, Islamic law has stated that people of different religions cannot inherit from each other, whether Muslims inherit from non-Muslims or non-Muslims inherit from Muslims, but in practice mandatory wills are currently implemented as an alternative to several inheritance problems such as the right to inheritance of assets for heirs of different religions, children and adoptive parents. Judges at the Supreme Court level apply mandatory wills, taking into account the sense of justice and humanity for heirs who are prevented from inheriting as stated in Supreme Court Decision Number. 331/K/AG/2018/MA. This research aims to examine how the mandatory will is implemented for heirs who change beliefs after the death of the testator in the Supreme Court decision Number. 331/K/AG/2018/MA based on the provisions of the Compilation of Islamic Law (KHI), this research is normative legal research which is known as research for academic purposes. namely the process of searching for legal rules, legal doctrines, and legal principles to answer the legal issues being discussed.
Pertanggungjawaban pada Tindak Pidana yang Dilakukan Agen Otonom Artificial Intelegence Sulistio, Faizin; Daffa Salsabilla, Aizahra
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.v6i2.1209

Abstract

This research tries to find legal solutions related to criminal liability carried out by autonomous agents of artificial intelligence (AI). In this research, problems related to the development of AI-based intelligent robots are increasingly sophisticated and have capabilities similar to humans. This resemblance of AI entities to humans has consequences with actions taken, especially those that can have a negative impact or attack legal interests. Therefore, further regulation is needed related to artificial intelligence accountability as one of the legal entities in criminal law in Indonesia. Then it is also necessary to include AI as a legal subject as a consideration in the future with the hope that AI can be held criminally responsible for their actions that attack legal interests, given the massive development of technology and information that allows everything to be done through AI intermediaries.
Upaya Hukum yang Dilakukan Korban Kejahatan Dikaji dari Perspektif Sistem Peradilan Pidana dalam Putusan Mahkamah Agung Republik Indonesia Lubis, Muhammad Ridwan
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.v6i2.1210

Abstract

The state, via the Institute for the Protection of Witnesses and Victims (LPSK), leads the way in addressing crime victim compensation as a means of fulfilling state obligations and securing the welfare of the populace. LPSK stands for the Witness and Victim Protection Agency, an organization mandated with safeguarding the rights and safety of witnesses and/or victims. In accordance with the Law Number 13 of 2006 concerning Witness and Victim Protection, LPSK guarantees equal legal certainty. Compensation is regulated in Law Number 13 of 2006 jo. Article 28D paragraph (1) of the 1945 Constitution emphasizes that "Everyone has the right to recognition, guarantees, protection, fair legal certainty, and equal treatment before the law." Law Number 31 of 2014, PERMA (Chief Regulation) Number 1 of 2022, Government Regulation (PP) Number 8 of 2014, and PP Number 7 of 2018 are designed to provide state protection for the rights of crime victims in the UK. However, it's important to note that compensation is only available in certain cases. Additionally, the form of non-monetary compensation guaranteed by state regulation doesn't have a clear monetary value. Providing compensation to victims is a challenging task due to the lack of clarity concerning the form and scope of compensation. This will aid in ensuring that crime victims obtain certainty in their compensation rights. The state has a responsibility to revise or create regulations related to the implementation of non-monetary compensation to overcome the obstacles in resolving compensation issues. This is a study involving descriptive-analytical methods in normative legal research. The findings reveal a regulatory gap that exists in the explanation of non-monetary compensation in compensation payments. This gap creates complexity and uncertainty for the victims. The LPSK, an institution of the state, should establish a standard value as a benchmark to guarantee that victims receive proper compensation. However, compensation is not always in monetary form. The state, through LPSK, is obliged to provide compensation to protect victims' rights. To ensure consistency in payment and guarantee the protection of crime victims' rights beyond statutory classification, the government must adhere to assessments presented in various journals.
Pengembalian Aset (Aset Recovery) Pelaku Tindak Pidana Korupsi Siregar, Gomgom TP
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.v6i2.1212

Abstract

Corruption is a special crime with distinct characteristics that differentiate it from general crimes, including non-compliance with formal criminal or procedural laws. In Indonesia, corruption still reigns as the most prevalent form of criminal activity. This study is a descriptive analytical research, focused on the presentation of phenomena and circumstances related to the financial returns and/or state assets affected by acts of corruption. The research excludes subjective evaluations unless marked as such, and emphasizes clear, concise sentences and logical structure. Technical term abbreviations are defined upon first use. The paper adheres to conventional academic sections and formatting, including clear and factual titles. The language is objective, neutral and grammatically correct. The text maintains a formal register, avoiding contractions, colloquialisms, and unnecessary jargon. Causal connections between statements are made clear, while biased language is avoided. Precise, subject-specific vocabulary is employed when applicable. In addition, the document adheres to language-specific spellings, grammar, and style. Law Number 20 from 2001 addresses corruption as a criminal offence. Article 18 discusses additional crimes to recover state finances. Law Number 7 from 2006 ratifies the United Nations Convention Against Corruption of 2003 which details how assets seized from corrupt criminals can occur through both criminal and civil channels. Law Number 1 of 2006, governing mutual assistance in criminal matters, serves as the basis for the Indonesian government's provision of as well as requests for mutual assistance. It also provides guidelines for entering agreements in criminal matters with foreign countries. Several channels/instruments are available for reclaiming assets from corruption crimes, including criminal, civil, and administrative means.
Pengaturan Bantuan Pangan Non Tunai di Kota Malang (Studi Peraturan Walikota Nomor 6 Tahun 2020 Tentang Petunjuk Teknis Bantuan Pangan Non Tunai Daerah) Permadi, Haru; Wardhana, Oppy Pramudya Wisnu
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.v6i2.1213

Abstract

The Non-Cash Food Assistance Program is a government initiative that aims to provide monthly food assistance to eligible families, followed by Sub-District Social Welfare Workers. The program has been implemented in 514 districts and cities in Indonesia, including one special city. The location in question is Malang City. The research methodology used in this study is descriptive qualitative. The descriptive qualitative approach is used as a means to investigate and analyze observations and findings within a particular domain or discipline. The research findings show that the Non-Cash Food Assistance Program has provided assistance to a total of 7,226 beneficiary families, as reported by the Ministry of Social Affairs. Malang City consists of 57 urban villages spread across 5 sub-districts. The outcome measures from this study have proven to be very important in helping beneficiaries effectively reduce daily expenditures, thus allowing the organization to generate higher profits that can be utilized to meet additional needs. Indirectly, this can be interpreted as an indication of their improved social welfare. Therefore, it can be said that this program has had a significant impact on poverty reduction efforts in the Malang urban area.
Perubahan Regulasi Nasional dan Efeknya Pada Investasi di Indonesia Bimo Dewanto, Aryo
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.v6i1.1217

Abstract

A country basically needs foreign investment, especially in the form of direct investment. What is often considered a crucial factor is the regulations that intersect with investment in recipient countries. Recently, however, multinational companies are also considering other rules relating to the resources they will use. This research leads to the conclusion that there is a chain effect, from a regional regulation on investment, even though the regulation does not regulate procedures, nor does it directly affect the investment climate in the receiving country.

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