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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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Eksplorasi Media Sosial: Mengungkap Mata Pisau Jalan Pintas Menuju Keadilan dalam Birometri Hukum Bawi, Allowisius; Atek, Liboria G.; Kelanit, Mauritius; S, Lestari Wulandari
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.v6i2.1486

Abstract

In the ever-evolving digital era, the presence of social media has significantly impacted legal systems and the enforcement of justice. This article delves into a thorough exploration of the role of social media as a shortcut tool that can reveal gaps in the bureaucracy of law enforcement. The focus is on the concept of the "Knife's Edge," reflecting the positive and negative potential of social media in either supporting or hindering the pursuit of justice. Through a sharp analysis of the bureaucratic aspects, this article discusses how social media can serve as an effective means to strengthen or undermine the foundations of law enforcement. Thus, this research provides a profound understanding of the dynamics of interaction between social media and legal bureaucracy, initiating a discussion on its critical role in achieving justice goals in modern society.
Upaya Badan Pertanahan Nasional Sebagai Pelaksana Administrasi dari Putusan Pengadilan yang Sudah Berkekuatan Hukum Cardova, Erico; Djaja, Benny
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.v6i2.1487

Abstract

In Indonesia, a rule-of-law state, the relationship between the government and citizens is governed by Administrative Law, ensuring the effectiveness, legitimacy, and legality of state administration. The National Land Agency, established to supervise and nurture land administration, plays a crucial role in implementing the Basic Agrarian Law and managing land registration in accordance with prevailing regulations. Literature studies reveal that the National Land Agency is responsible for providing legal certainty and protecting rights, particularly regarding land ownership. This responsibility includes data management, dispute resolution, and ensuring compliance with legal provisions in court proceedings. The conclusion underscores the importance of the National Land Agency's role in upholding law and safeguarding landholder rights.
Tinjauan Yuridis Sengketa Peralihan Hak Atas Tanah Hibah Ditinjau Berdasarkan Peraturan Perundang-Undangan Afrizal Pramudito, Muhammad; Djayaputra, Gunawan
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.v6i2.1488

Abstract

Soil is a source of life not only for humans but for every living creature on earth such as animals and plants. In the Civil Code, land is categorized as immovable objects in accordance with Article 506 of the Civil Code. The transfer of land rights in the form of a grant is often a problem in people's lives. The definition of a gift is regulated in Article 1666 of the Civil Code, namely: "A gift is an agreement whereby the donor, during his or her lifetime, freely and irrevocably hands over an object for the needs of the recipient of the gift who receives the gift. That. The law does not recognize other gifts other than gifts between living people." The research method used is normative legal research. Normative juridical method writing is a writing method that is carried out by researching library material. The nature of the research used is analytical descriptive where the writing team tries to describe the transfer of grants that are not registered with PPAT or known as verbal grants according to the applicable laws and regulations. The transfer of land rights must be proven by an authentic deed issued by the PPAT or Land Office in the area where the dispute occurs. Giving a gift orally without a PPAT deed is considered invalid even though it meets the legitimacy of the portie, but the transition is still used verbally without any authentic evidence. Legal certainty for grant recipients is regulated in Article 37 of Government Regulation 40 of 1997 concerning Land Registration which states that the transfer of land rights and ownership rights to apartment units is through sale and purchase, exchange, grant, entry into a company and other legal acts of transfer of rights. In proving the validity of a Grant Deed, it must have external, formal and material evidential strength, and the process of making a Grant Deed fulfills the specified elements. Settlement of gift disputes is a deliberation between the heirs. Every grantor in providing a grant must openly state it in the PPAT deed so that it can be proven if a dispute occurs.
Upaya Pemerintah Daerah Menertibkan Usaha Tambak Udang yang Belum Berwawasan Lingkungan (Studi kasus Kecamatan Batang Anai Kabupaten Padang Pariaman) Yati, Lisa Medika; Rembrandt, Rembrandt; Syofiarti, Syofiarti
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.v6i2.1489

Abstract

This research is motivated by the development of shrimp farming businesses, which are always growing in Batang Anai District, Padang Pariaman Regency. However, most of the shrimp ponds were built without complying with environmental legal instruments. The research method used is qualitative descriptive analysis with an empirical juridical approach in addition to a normative approach, as well as data collection techniques such as interviews, observation, literature study, and documentation. Analyzed using four components of analysis, namely data collection, data reduction, data presentation, and conclusion drawing. The results of the research obtained by the author are: Firstly, most of the shrimp farming businesses in Batang Anai sub-district are not environmentally friendly due to the difficulties of entrepreneurs in processing Amdal documents. Second, the government has made efforts to regulate shrimp farming businesses that are not yet environmentally friendly in Batang Anai District, but the efforts made by the government have not been effective. It would be better for the Regional Government of Padang Pariaman Regency to form a regional Amdal to make it easier for entrepreneurs to process business permits.
Pertimbangan Hakim Menjatuhkan Pidana Terhadap Turut Serta dalam Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial (Studi Kasus Putusan Pengadilan Negeri Padang Nomor 700/Pid.Sus/2020/PN Pdg) Putra, Adrian Bima; Danil, Elwi; Rias, A. Irzal
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.v6i2.1490

Abstract

In the practice of law enforcement against criminal acts of defamation through social media in the jurisdiction of the Padangv District Court, we can see the judge's decision to sentence the defendant to prison for violating the ITE Law. The judge in decision Number 700/Pid.Sus/2020/PN Pdg on behalf of Robby Putra Eryus, nicknamed Robby, was legally and convincingly proven to have committed a violation against. Article 27 paragraph (3) of the ITE Law in conjunction with Article 56 paragraph of the Criminal Code. This research is normative juridical research using secondary data. This research is a descriptive analysis. The research results show that: 1. The judge's consideration in imposing a conditional sentence on the defendant was based on the consideration that the defendant's actions were carried out not only for the defendant's personal interests but also for the interests of society, which were related to humanity, in this case because of community service. 2. The perspective of justice assesses that the criminal penalties imposed on those involved are in accordance with the views and principles of justice, especially according to Rawls.
Analisis Perjanjian Internasional Dalam Kerja Sama Kota Bersaudara (Sister City) (Studi Kasus Medan – Penang) Al Havif, Hasan; Ginting, Dewi Elvira
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.v6i2.1491

Abstract

The cooperation agreement between the cities of Medan and Penang, Malaysia, emerged from the cultural and ethnic similarities of the two communities, which began in October 1984 with the aim of developing cross-regional cooperation. However, since 2019, the Sister City agreement between the two has ended. This research aims to investigate international cooperation, especially Sister City between the cities of Medan and Penang, as well as the factors causing the end of this cooperation. The research method used is the analytical description method to explain the facts related to the problem being investigated. The main data was obtained through interviews, literature studies and research data. The research results show that the implementation of Medan City's authority in international relations, especially cooperation with Penang, still refers to the MoU mutually agreed upon since 1984 and has not been updated. The stagnation of this collaboration between the DPRD of Medan City and Penang City is influenced by several obstacles, including external and internal government issues, these problems are what have stopped the sister city agreement between Medan and Penang.
Dewan Adat Suku Ngalum: Warisan Pengetahuan Tradisional untuk Generasi Milenium di Papua Mimin, Davit; Kisamlu, Tenas; Belolon, Handrianus Koli
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.v6i2.1495

Abstract

The preservation of the Ngalum Tribe's culture serves as the key to their identity. This research highlights the lack of understanding among the general public regarding Papua's tribes, revealing the uniqueness of the Ngalum Tribe and identifying obstacles in preserving their educational and traditional knowledge heritage. Employing qualitative research methods, the study focuses on the role of the Ngalum Tribe's Council of Customs in transferring cultural knowledge and sustaining traditional values in the Oksibil District, Pegunungan Bintang Regency. Data collection involved observation, interviews, document studies, and analysis through data triangulation. The results indicate that the development of the Ngalum Tribe's traditional teaching system is less effective, with a lack of creativity among the millennial generation and various challenges such as difficulties in developing cultural tools, high maintenance costs, and insufficient understanding of traditional dances. Improvements entail an innovative approach to the teaching system, active support for millennial creativity, and the exploration of financial solutions. Despite the challenges, the preservation efforts are progressing well.
Perlindungan Hukum Konsumen Terhadap Pengguna Qris dan Penanganan Penipuan dalam Bertransaksi Krisma Bima Tara, I Komang; Sudiro, Amad
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.v6i2.1498

Abstract

In using e-payments such as e-money, it is highly recommended to pay attention to technology that has weaknesses in its technical use. This causes problems regarding the payment system that uses electronic money, especially QRIS, which is becoming increasingly complex so that it demands legal protection with regulations for QRIS users, then also causes the vulnerability of criminal acts of fraud committed in using QRIS. The legal protection that can be given to QRIS user consumers is through preventive legal protection related to digital transactions through the QRIS system carried out with an understanding and awareness for the public regarding the procedures for using the QRIS system in transactions including potential criminal acts. Repressive legal protection is carried out with certain developments by law enforcement officials so that they are ready and alert in the face of criminal acts of digital transactions that utilise the QRIS system. In addition, if the QRIS system is internally problematic, it is necessary to regulate the liability of the QRIS system maker or publisher for the losses incurred. Apply the ITE Law to perpetrators who commit fraud against consumers in transactions using QRIS.
Pengendalian Internal dan Kualitas Pelayanan Disektor Kesehatan Masyarakat Pemerintah Daerah Kabupaten Garut Lestari Dewi, Nunik; Agus Wijaya, I Nyoman; Jovita, Gabriella Alodia
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.v6i2.1500

Abstract

One important element in achieving quality of life for national development is public health. This research is to examine the effect of internal control on the quality of health services at Garut Regency Regional Government General Hospital and Community Health Centers. The population of RSUs and community health centers in Garut Regency is 72. The sampling technique was carried out using a convenience sampling technique at 20 health facilities, consisting of 4 RSUs and 16 community health centers. Data collection was carried out using a questionnaire. The data were processed using SPSS tools and analyzed using regression tests. The results show that internal control has a 69.2% influence on the quality of health services in community health centers and hospitals in the Garut Regency Government.
Perlindungan Melalui Hukum Pidana Terhadap Kerahasiaan Identitas Diri Anak Korban Renardi Idfidian, Teuku; 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.v6i2.1501

Abstract

Sexual violence reported in print and online media has both negative and positive impacts on victims of sexual violence. The identity of child victims must be kept confidential from the public. A child's identity that is not kept confidential can have a negative impact on child victims, especially child victims of sexual violence. The name of the Child Victim, which should be kept confidential, can be found in the Court Decision which can be accessed on the Supreme Court Directory Website (putusan3.mahkamahagung.go.id). The decision mentions details about the incident of sexual violence that is directly related to the Child Victim of sexual violence. For violation of this prohibition, the perpetrator should be subject to punishment according to applicable regulations.

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