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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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Efektivitas Pertanggung Jawaban Notaris dalam Penyusunan Akta Autentik Berkaitan dengan Perjanjian Perkawinan Az Zahra, Salsabila Qalwiah; Hartati, Endah
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.v6i2.1326

Abstract

Nowadays there is unclear norm (Vague of norms) in some domains of rules in marriage agreements in the Marriage Law, where a marriage legal unit in Indonesia should be drawn up which is related to the marriage agreement referring to Article 29. The provisions in Article 29 of the Marriage Law do not have clear reasons related the entire marriage agreement, for example it requires aspects and there are no things contained in the marriage agreement, the legalization of the marriage agreement and related to the mechanism of change so that there can be a guarantee that the change will not harm the other party. Regarding the type of normative juridical research, it leads to the object of research, including legal issues which relate to the responsibility of a Notary in the preparation of an Authentic Deed in a Marriage Agreement. So that the results of this research are authentic deeds which include the strongest written evidence and the full meaning where the Judge does not have to explore other aspects of truth unless it is contained in the notary deed. In addition, marriage agreements can be drawn up through the wishes of the prospective bride and groom where there is no contradiction in the Constitution of the Republic of Indonesia, there are no violations of religious law or aspects of morality. This situation is in harmony with the principle of freedom of contract.
Pelaksanaan Pemutusan Hubungan Kerja Dalam Perjanjian Kerja Waktu Tertentu Secara Sepihak Oleh Pt. Hotel Sahid Jaya International, Tbk (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 186/Pdt.Sus/Phi/2019/Pn.Jkt.Pst.) Ariq, Muhammad; Putrijanti, Aju
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.v6i2.1327

Abstract

The writing of this scientific work discusses unilateral termination of employment (PHK), which is a layoff carried out on workers or laborers without going through the process regulated by the employment law, therefore the government issued Law Number 13 of 2003 concerning employment. The main problem of this research is what are the legal consequences of termination of employment carried out by PT. Hotel Sahid Jaya International to a worker named Viveka Nanda, based on Law Number 13 of 2003 concerning Employment, and whether the judge's decision in the district court decision Number 186/Pdt.Sus-PHI/2019/PN.Jkt.Pst. is in accordance with applicable laws and regulations. Normative Juridical using secondary data. In terms of data processing, it is carried out qualitatively, namely a method that produces analytical descriptive information. The research results are the Central Jakarta District Court Decision Number 186/Pdt.Sus/PHI/2019/PN.Jkt.Pst. not in accordance with statutory regulations regarding employment Number 13 of 2003, the layoff dispute case that occurred between Viveka Nanda as the plaintiff and PT. Hotel Sahid Jaya International as the defendant as a result of the law is null and void. In this case, the judge's decision in district court decision Number 186/Pdt.Sus-PHI/2019/PN.Jkt.Pst. not in accordance with applicable laws and regulations.
Efektivitas Tanggung Jawab Notaris dalam Objek Jual Beli yang Dipailitkan Berkaitan Akta Kuasa Menjual Winarta, Kathleen Angel
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.v6i2.1328

Abstract

Implementation of the debtor's bankruptcy declaration decision for the law of loss of rights in the control and management of existing assets. All of the debtor's assets, which already exist and will be subject to general confiscation. The writing method is qualitative and analytical in nature and uses normative juridical research methods which focus on the source data, namely literature and library research. The research method concluded that bankruptcy would be completed if there was a re-submission of a lawsuit at the commercial court based on the object being transferred if another lawsuit was applied to the court referring to the bankrupt boedel. The results of the study are the responsibilities of a notary in a series of bankruptcies, namely compiling a deed in the transfer of assets, compiling a binding deed on material guarantees and compiling a notarial deed of private sales in a series of asset settlements. Basically, a notary is determined to have committed a criminal act if it can be proven that the legal action he carried out resulted in a loss for all creditors. What is new in this study has been noted in previous studies, but all research has its own characteristics. This research focuses on the effectiveness of notary responsibilities and the legal certainty of deed of power of attorney to sell objects which are bankrupt in the development of Indonesian law.
Analisis Putusan Pengadilan Agama Kandangan Nomor 51/PDT.G/2021/PA.KDG Tentang Isbat Nikah Poligami Perspektif Sema Nomor 3 Tahun 2018 dan Maqasid Syari’ah Tari, Lela; Nasution, Iwan
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.v6i2.1329

Abstract

The reseach aims to find out how the basis for the judge's consideration in deciding the polygamous marriage isbat determination case No. 51/Pdt.G/2021/PA.Kdg, where the decision is not in accordance with SEMA Number 3/2018 which states that "Isbat polygamous marriage based on irri marriage, even though it is intended to fulfill the interests of children, must be declared unacceptable. Meanwhile, related to children, it can be submitted through an application for the origin of the child ". The type of research is research with a normative juridical approach using legislation and literature. The primary data source of this research is the Religious Court Decision 51/Pdt.G/2021/PA.Kdg. The results of this study indicate that there are still judges who do not implement Supreme Court Circular Letter Number 3 of 2018 which clearly prohibits polygamous marriage isbat for any reason. However, when viewed in the realm of Maqashid Shari'ah, polygamous marriage isbat is not a forbidden thing because it contains several benefits and will give birth to many disadvantages if it is not allowed.
The Political Legal Implications Of The Liberalization Of Foreign Labor Use in National Strategic Projects From The Perspective Of The Job Creation Law Maina Listuti, Eka; Eka Putri, Rima; Syahuri, Taufiqurrohman
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.v6i2.1332

Abstract

Legal politics have a significant impact in the era of globalization and economic growth, especially in the context of the use of Foreign Labor in Indonesia's national strategic projects. While the liberalization of foreign labor is intended to support foreign investment and infrastructure development, it has also raised issues regarding the legal politics related to the liberalization of foreign labor use in national strategic projects from the perspective of the Job Creation Law, and how these legal politics impact local employment. The research methodology employed in this study is juridical normative, using legal regulations as the basis for analyzing these issues. The research results indicate that the legal politics in the form of policy that has led to the liberalization of foreign labor use has created inequality in employment opportunities between Foreign Labor and local workers, making it difficult for local workers to find suitable employment. This is due to the government being the employer of Foreign Labor, with the authority to regulate their use in national strategic projects. The implications of liberalizing the use of Foreign Labor have had an impact on employment opportunities and the welfare of local workers, which has led to an unbalanced situation in national strategic projects. The dependence on Foreign Labor increases project costs, while trained local workers can reduce them.
Isu Gender dalam Perspektif Hukum Adat Dalihan Natolu dan Hukum Islam di Padanglawas Akhirani Nasution, Nur Hakima; Harahap, Erwin
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.v6i2.1333

Abstract

Indonesia is a country that has a very varied cultural style and has its own characteristics which are able to give birth to customs as a richness of multicultural traditions, one of which is the Dalihan Notolu Customary Law which is based on the principles of Islamic law. The research carried out aims to determine gender issues according to customary law and lihan notolu from the perspective of Islamic law. The approach used uses a mixed method approach with explanatory design. The data collected in the research process consists of primary data and secondary data which are processed through a data triangulation process. The instruments used are questionnaires, interviews, questionnaires which are divided into several sub-indicators which are first tested for their level of validity and level of reliability. Next, a Mancova test was carried out to see the influence and interrelationship of customary law in a perspective based on Islamic rules and law, and the results of the research revealed that gender issues in the perspective of Dalihan Notolu Customary Law and Islamic Law are interrelated and influence each other in creating a very unique social order in society. and does not conflict with the principles of Islamic law
Perlindungan Hukum Bagi Pemilik Tanah yang Tumpang Tindih (Overlapping) Kepemilikan (Studi Putusan Mahkamah Agung Nomor 221 PK/PDT/2014) Luvianti, Teressyavira; Rasji, Rasji
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.v6i2.1336

Abstract

Legal protection for land owners in Indonesia in resolving overlapping ownership conflicts highlights the complexity and challenges in the legal system. With UUPA as the basic framework, the analysis involves evaluating successes and weaknesses in aspects of land registration, dispute resolution mechanisms, and recognition of customary rights. High costs and slow land registration processes are obstacles, but efforts to speed things up and provide transparency have been made. Dispute resolution mechanisms, such as mediation, show progress, but challenges related to bureaucracy and accessibility remain. Recognition of customary rights needs to be strengthened to reduce gaps with positive law. Despite awareness of improvements, law enforcement remains slow, posing a risk of land ownership rights being violated. To improve protection, reforms are needed in the costs and efficiency of land registration, strengthening dispute resolution mechanisms, further recognition of customary rights, and serious improvements in law enforcement. A balance between regulation, community participation and law enforcement is key to achieving effective legal protection for land owners, supporting sustainability and inclusiveness in development in Indonesia.
Perkembangan Aturan Peralihan Dari Kitab Undang-Undang Hukum Pidana Lama Ke Kitab Undang-Undang Hukum Pidana Nasional Baru Sebagai Wujud Pembaharuan Nainggolan, Daniel Hasudungan; Adhari, Ade
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.v6i2.1337

Abstract

The enactment of Law Number 1 of 2023 on the Criminal Code marks a new era for criminal law in Indonesia. The New Criminal Code introduces fundamental changes in the penal system, observable through the formulation of criminal law norms in Book One General Provisions and Book Two Criminal Acts. One notable development is regarding the transitional provisions in Article 3 paragraphs (1)-(7) of the New Criminal Code. This article examines the evolution of transitional provisions from Article 1 paragraph (2) in the Old Criminal Code to Article 3 in the New Criminal Code. The research method employed in addressing this issue is doctrinal research, focusing on the Old and New Criminal Codes as primary legal sources and relying on literature reviews. The research findings indicate, firstly, that the transitional provisions in the Old Criminal Code are formulated in Article 1 paragraph (2). In this provision, the criteria used in the event of legal changes are those most favorable to the defendant. The formulation of these transitional provisions has weaknesses, including ambiguity in the meaning of legislative changes and determining what is most advantageous, among other things. Secondly, the transitional provisions in the New Criminal Code are formulated in Article 3, attempting to refine the provisions in the Old Criminal Code.
Pertimbangan Hakim dalam Menjatuhkan Pidana di Bawah Ancaman Minimum Khusus Terhadap Pelaku Tindak Pidana Pencabulan Anak. (Studi Kasus Putusan Pengadilan Negeri Payakumbuh Nomor 120/Pid.Sus/2022) Kusuma Wardani, Khofifah; Ismansyah, Ismansyah; Zurnetti, Aria
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.v6i2.1338

Abstract

The norms of judge's consideration are regulated juridically in Article 183 of the Criminal Procedure Code, which states that a judge, when imposing a crime on a defendant, may not impose the crime unless there are at least two valid pieces of evidence, so that the judge has confidence that a crime actually occurred and the defendant is guilty of doing it. The case that often occurs is child molestation as regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection. The purpose of legal regulations regarding child molestation is to protect child victims from perpetrators of these crimes. In its application, discrepancies were found between written legal rules and those applied by judges. Another case of child molestation that occurred and that the author examined was in Payakumbuh, case number 120/Pid.Sus/2022/PN. This is quite unfortunate with the existence of SEMA Number 1 of 2017, because ultimately it is not SEMA that clarifies or provides guidance to Judges, but rather disrupts the legal order and tries to create new norms in the midst of existing norms. The conclusions (1) The judge's considerations from the "justice side" which are guided by SEMA Number 1 of 2017 according to the author have not paid attention to considerations of philosophical, juridical, sociological, educative, preventive, corrective and repressive aspects of imposing a crime below the special minimum for the crime of child molestation. . (2) It is realized that evidence in the form of the defendant's own confession does not always prove the truth. Confession sometimes does not guarantee that the defendant actually committed the act charged. Therefore, the Judge's own confidence is needed. The suggestions that the author makes are (1) Judges in making legal considerations are expected to be able to make them more comprehensively, especially in the case of SEMA Number 1 of 2017. (2) it is recommended that every member of the community take an active role in preventing and dealing with the problem of sexual abuse, such as Immediately report to the authorities if you see and find out.
Kajian Dakwaan terhadap Tindak Pidana Penganiayaan yang Mengakibatkan Luka Berat (Studi Kasus Novel Baswedan) Febiola, Stefany; Firmansyah, Hery
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.v6i2.1340

Abstract

In the series of actions carried out by the Defendant and Ronny Bugis, both were involved in an act that resulted in severe injuries to Novel Baswedan. The Defendant, as the main perpetrator, directly poured sulfuric acid onto Novel Baswedan's body. Meanwhile, Ronny Bugis, as an accomplice, was involved in the preparation and execution of the attack. From the perspective of criminal law, both can be considered perpetrators with roles in the planned assault resulting in severe injury to Novel Baswedan. Therefore, based on this analysis, the conclusion is that the judge's decision in the case of the assault on Novel Baswedan was based on appropriate legal considerations, taking into account all the facts and elements revealed during the trial. The judge correctly applied the relevant law in assessing the defendant's actions, considering the relevant elements of the criminal act, and delivering a verdict in accordance with the applicable legal rules.

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