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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 3,862 Documents
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EFEKTIFITAS BIMBINGAN KLIEN NARKOTIKA OLEH BALAI PEMASYARAKATAN KELAS I PADANG UNTUK MENCEGAH TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Yazrul, Ade; Faniyah, Iyah
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i3.35

Abstract

The implementation of narcotics client guidance by Community Guidance to prevent criminal acts of narcotics abuse is regulated in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and Law of the Republic of Indonesia Number 12 of 1995 concerning Correctional Clients Guidance in practice is still a lot of dependence on narcotics. Based on the results of the study, it can be concluded that: First, the role of Bapas Class I Padang Community Supervisor in guiding clients of narcotics abuse has been carried out well, because the guidance provided by Bapas Class I Padang Community Supervisor is in the form of Post-Rehabilitation Program which is a follow-up stage given to narcotics addicts after undergoing rehabilitation which aims to guide the narcotics client to develop attitudes to society and not repeat it again. Secondly, the effectiveness of narcotics clients in preventing narcotics criminal acts at Padang Class I Correctional Facilities in principle can be said to be quite effective because every client who follows the Post-Rehabilitation Program does not have a client who repeats narcotics abuse. Third, Constraints faced in Narcotics Client Guidance at Padang Class I Correctional Institution are limited conditions and functions and lack of Human Resources (HR), as well as clients who have undergone rehabilitation to undergo post-rehabilitation services, many who have not been serious about recovering, because of the lack of family and community support in realizing the recovery of former addicts, and the lack of a place to channel their interests and potential to return to the social environment of the community. In addition, the demands of the client's economic needs become an element of strengthening the absence of clients because they cannot leave their jobs which are mostly from the private sector. Besides that, budget problems are an important factor in post-rehabilitation implementation in order to run optimally.
EFEKTIVITAS PENGGUNAAN SENJATA API BAGI PERSONIL POLRI GUNA PENINGKATAN KINERJA DALAMPENANGGULANGAN TINDAK PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PADANG Marzuki, Alfias; Wibowo, Adhi
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.36

Abstract

The use of firearms for police personnel has been regulated in Article 8 paragraph (1) Perkapolri Number 1 Year 2009 and Article 45 Perkapolri Number 8 Year 2009. Firearms for members of the Police who carry out the function of law enforcement is to make a forced effort through the action of paralyzing, stopping, inhibits the actions of a person or group of people. However, in practice there is still a misuse of the use of firearms carried out in the execution of tasks and outside the execution of duties. The results showed that the use of firearms to improve performance in the prevention of crime in Polresta Padang ranks has been effective because with the many personnel but who have few firearms and only two members who do the misuse of firearms of service not for the benefit of the service and the tendency of decreasing the number of criminal acts.
TINDAK PIDANA TERORISME OLEH ANGGOTA JAMAAH ISLAMIYAH DAN ANGGOTA MAJELIS MUJAHIDIN INDONESIA DALAM PERSPEKTIF KRIMINOLOGI Faradilla, Citra; Kana, Philips A.
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.37

Abstract

Terorism in Indonesian is regulated constitution number 15th 2003 about stipulation of government regulations in lieu of laws number 1st 2002 about eradication of terrorist. Although, constitution eradication of terrorist has been formed, terrorism in Indonesian always happened, like as terrorist act at J.W. Marriot Hotels on 2003 whom responsible was Noordin M.Top dan Dr. Azahari Husin. They were join in Jamaah Islamiyah organization. Based on the above rationale , the issues discussed , namely , first, what is factor cause incidence terorism by members of Jamaah Islamiyah and Majelis Mujahidin Indonesia? second, How is effort Indonesian Republic of Police to prevent incident terorism? Spesification research is analytical descriptive. Method used is as a normative juridical approach and empirical as the main supporter of the main approache. Data source use of primary data and secondary data. Engineering is a field study data collection through interviews and literature study. Data were presented in the form of descriptive analysis, which describes factor cause incidence terorism and effort to prevent incident terorism by of Jamaah Islamiyah and Majelis Mujahidin Indonesia, while after analysis data will presented with qualitative method. Based on the results of research and discussion can be deduced, first, factor cause incidence terorism by members of Jamaah Islamiyah and Majelis Mujahidin Indonesia because mindset about Islam religion which wrong, social public relation, social politic factor, economic factor and then Solidarity religion. Second, effort Indonesian Republic of Police to prevent incident terorism, from Regional police West Sumatera which is conducted by Intelijen Directory as implement the program Intelijen Directory to prevent incident terorism, to do coordination with others side, data collection and protection for Electronic media, Deradicalization and Mapin, Fublic Founding Directory as improve quality person of Indonesian Republic Police and arrangement person, external coordination, judge communication with society, counseling and founding for society and Public Relation Section as submit information to society and be relation between Police with society.
IMPLEMENTASI MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PENGRUSAKAN (Studi Pada Sat Reskrim Polres Solok) Nursin, Hendri; Fitriati, Fitriati
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.38

Abstract

Penal mediation is one of the means of resolving criminal acts that have often been carried out by law enforcement officials, especially at the level of investigations in the police as explained in the letter of the Chief of Police No: B / 3022 / XII / 2009 / SDEOPS, December 14, 2009 concerning Handling Case Through Alternative Dispute Resolution (ADR). Specifications in this study are descriptive analytical. The reason mediation model carried out by the Aro police station The likes of resolving criminal cases are mediation victim-offender models. This model places more emphasis on mediation between victims and perpetrators involving various parties who meet. The mediator can come from a formal official, independent mediator or combination. In this case the mediators involved were ninik mamak and local adat stakeholders and even the Kerapatan Adat Nagari (KAN). The obstacle encountered in the reasoning mediation of the Aro Suka police station is that there is no explicit regulation as a legal aspect governing reason mediation in the settlement of criminal cases, then the Police cannot fully act as mediators in the settlement of criminal cases through reasoning mediation, and there are still some people argues that all criminal cases can be carried out reason mediation or peace efforts between litigants. The effort that must be made is to encourage customary institutions in the nagari along with their traditional leaders to assist the National Police in resolving criminal cases whose source of problems starts from the issue of inheritance, inheritance, customary titles and so on.
ANALISIS KRIMINOLOGI TINDAK PIDANA PENIPUAN OLEH ANGGOTA POLRI DI POLRES SOLOK SELATAN Henwel, Henwel
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.39

Abstract

In committing a crime of fraud, of course, a perpetrator must have tactics or methods used in carrying out the action, because this is done by the deceiver so that his goal to cheat can be achieved. Associated with fraudulent crimes that occur in South Solok can not be separated from various factors that encourage the perpetrators to do these actions, ranging from economic, social motives and may even be driven by evil instincts that exist in my servants. Every criminal act committed is closely related to the character and character of a criminal.
TEKNIK DAN TAKTIK PENYIDIK DALAM PENETAPAN TERSANGKA PADA TINDAK PIDANA PORNOGRAFI MELALUI INTERNET (Studi Pada Direktorat Reserse kriminal Khusus Polda Sumbar) JL, Jamaldi; Ferdi, Ferdi
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.40

Abstract

The pornography crime through the internet is regulated in Article 27 paragraph (1) of the ITE Law. The difficulty in investigating is collecting evidence to determine suspects from pornography crimes through the internet. This research is legal research with analytical descriptive specifications. The results of the study show that the investigator's technique and tactics in determining suspects in pornography crimes through the internet is by first proving the existence of errors or elements of harmony from the person who became an actor in the pornographic video and the mistake of the perpetrator who recorded and distributed the video. There is a possibility that the two involved can be made suspects. The obstacle in determining suspects in pornography is that there are no witnesses who know directly.
EKSEKUSI BARANG SITAAN TINDAK PIDANA KORUPSI YANG TIDAK SESUAI DENGAN NILAI KERUGIAN NEGARA PADA WILAYAH HUKUM KEJAKSAAN TINGGI SUMATERA BARAT Irawadi, Nanang
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.41

Abstract

The state losses on corruption can be preceded by the seizure formulated in Article 1 number 16 of the Criminal Procedure Code. Objects that do not match the amount to the value of the State losses become an issue on the execution of the judge's verdict. The specification in this research is descriptive analytical. The results of research indicate that the implementation of additional criminal state losses relating to objects or convicted goods that have been confiscated at the stage of investigation and prosecution is to the confiscated body status dirobah into objects used to pay additional penal redress state losses. If sufficient confiscated goods will be immediately taken over by the State, if less than the amount of criminal liabilities of the State shall be added by the convict with his other property. If there is an excess it will be refunded or set its status with the judge's determination. the constraint faced by the Prosecutor in executing the execution associated with confiscated objects is the unclear amount of the wealth of the convicted person. There are those who intend to pay but can not afford to pay at once. The existence of the property of the convict has moved into a domicile but is not known to exist. The existence of a conspiracy between the convicted person and the examiner team of the convicted property. As a result of manipulation of data stating that the convicted person does not have enough wealth to pay the replacement money.
EFEKTIVITAS PENGGUNAAN KEKUATAN OLEH KEPOLISIAN DALAM MENANGANI AKSI UNJUK RASA ANARKIS DI KOTA PADANG (Studi Pada Satsabhara Polresta Padang) Saputra, Sigit; Rosadi, Otong
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.42

Abstract

Broadly speaking, gather and issue opinions as stipulated in Article 28 (e) Paragraph (3) of the 1945 Constitution, independence expresses opinion as stipulated in Law No. 9 of 1998, then everyone has the right to freedom of association. The practice is in the field, many demonstrations taste or demonstration that ended in riots that led to anarchists. In carrying out the task of handling mass riots during the Police demonstration using 1) Perkap No. 16 of 2006 concerning Mass Control Guidelines, 2) Protap/1/X/2010 concerning Countermeasures for Anarchy, 3) Perkap No. 1 of 2012 concerning Mass Unraveling Platoon, 4 ) Perkap No. 7 of 2012 concerning Procedures for Organizing Services, Safeguards and Handling of Cases of Public Opinion. The problems in this thesis are: First, how is the use of force by the Padang Police Satsabhara in dealing with anarchist demonstrations in Padang City? Second, the obstacles encountered by Padang Satsabhara in handling anarchist demonstrations in Padang City and how to overcome these obstacles? Third, how effective is the use of force by the Padang Police Satsabhara in handling anarchist demonstrations in Padang City?The specification of this research is a descriptive analytical study. The approach used is normative juridical as the main approach and supported by an empirical juridical approach. The data used is secondary data and primary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the research and discussion, it can be seen that: First, the use of force by Satsabhara Polresta Padang in handling anarchist demonstrations in Padang City includes organizing services, organizing security and handling cases, carried out by using force, such as in the preparation stage before the demonstration , in the event of anarchist demonstrations and at the time of anarchist demonstration activities are over. Second, the obstacles encountered by Padang Satsabhara Polresta in handling anarchist demonstrations in Padang City are human rights problems, provocation from certain parties, legal unconsciousness of the community and lack of coordination with the Police and related agencies. Whereas the efforts made in handling the demonstration are; a). pre-emptive effort, b). preventive efforts, c). repressive efforts. Then the Police also made several efforts, namely by increasing the professionalism of members of the Police, coordinating with relevant agencies and conducting legal counseling to the community. Third, the effectiveness of the use of force by the Padang Police Satsabhara in handling anarchist demonstrations in Padang City based on its duties and authorities has shown performance in police actions to deal with anarchic demonstrations in Padang City that are optimal with the number of anarchist rallies in Padang City that have been handled.
PERTANGGUNGJAWABAN PIDANA PADA TINDAK PIDANA PERAMPASAN HAK ATAS TANAH (Analisis Putusan Nomor 12/Pid.B/2014/PN.Kbr dan Nomor 17/Pid.R/2010/PN.Kbr) Bgr, Saifullah
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.43

Abstract

Crime art Deprivation of Land Rights is regulated among others in Article 385 of the Criminal Code with the threat of imprisonment for a maximum of 4 (four) years and also in Article 2 to Article 6 of Law Number 51 Prp Year 1960 with a maximum imprisonment of 3 (three) months and / or fines as much as Rp. 5,000, - (five thousand) rupiah. The problems described are, first, how is Criminal Accountability on Criminal Deprivation of Land Rights in Decision Number 12 / Pid.B / 2014 / PN.Kbr and Decisions Number 17 / Pid.R / 2010 / PN.Kbr, secondly how Judges Consideration in decides Criminal Case for Deprivation of Land Rights in Decision Number 12 / Pid.B / 2014 / PN.Kbr and Decision Number 17 / Pid.R / 2010 / PN.Kbr. The specification of this research is descriptive analytical, while the approach used is normative juridical, the data used is only secondary data collected through literature study, then analyzed qualitatively and presented in qualitative descriptive form. The first conclusion in the decision Number 12 / Pid.B / 2014 / PN.Kbr can be requested for criminal liability in accordance with Article 385 paragraph (4) of the Criminal Code, but the judge only decides for 3 (three) months, secondly on the decision Number 17 / P / R / 2010 / PN.Kbr pursuant to Article 6 paragraph (1) of Law Number 51 Prp Year 1960, but the judge decides 1 (one) month imprisonment.
PEMILU YANG BERINTEGRITAS DALAM NEGARA HUKUM DEMOKRATIS Helen, Zennis
UNES Law Review Vol. 1 No. 3 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i3.44

Abstract

The journal entitled Elections with Integrity in the State of Democratic Law was made for several reasons. First, elections are a means of implementing popular sovereignty as the implementation of normative provisions of the 1945 Constitution of the Republic of Indonesia, especially Article 1 Paragraph (2) which states that "Sovereignty be in the hands of the people and carried out according to the Constitution, ". Sovereignty in the hands of the people is also manifested through elections as a means of rotating leadership both at the national and regional levels carried out through direct, general, free and confidential principles. Secondly, elections in the 1945 Constitution are carried out by a general election commission which is referred to by the General Election Commission (KPU), Third, because the means of implementing people's sovereignty carried out by the KPU must be carried out by people who are not only professionals but also must have the main requirements, namely having dignity and integrity, Fourth, so that the implementation of the election is on track in accordance with the provisions of applicable legislation, supervision must be carried out by Law No. 7 of 2017 on Elections called the Election Supervisory Body (Bawaslu) ) The General Election Commission (KPU), Bawaslu, as the EMB has hierarchical levels from the central, provincial and district / city levels. This journal has two problem formulations, namely First, What is the urgency of the election as the implementer of popular sovereignty? Second, what is the election with that integrity?

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