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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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Dissenting Opinion Pengangkatan Anak oleh Kakek Kandung Analisis Putusan Pengadilan Agama Demak No.0033/Pdt.P/2010/PA.Dmk Nabila, Khofifah; Harahap, Mhd Yadi
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.v6i2.1503

Abstract

Adoption or what is known as adoption or tabanni is the adoption of someone else's child as their own child but the biological parents do not necessarily let go of their hands, only that they will still have a relationship with their child. According to Government Regulation no. 54 of 2007 concerning Implementation of Child Adoption. This research applies a normative juridical method (Legal Research), which is a type of research used to examine the rules or norms in positive law. After conducting this research, the results obtained were that there was a Dissenting Opinion regarding the decision in the case of appointing a grandson as an adopted child, where the opinion of the Member Judge was afraid that there would be problems regarding inheritance if it was granted and the opinion of the Chief Judge of the Panel could be granted for the benefit of the child himself, without sever the lineage relationship with the biological parents as well as the prospective adoptive parents of the same religion as the child concerned or the same religion as the biological parents of the child concerned if the child is still small.
Prinsip Individualisasi Pidana Dalam Penempatan Narapidana Berdasarkan Jenis Kejahatan Cassilas, Anggian; Hutabarat, Rugun Romaida
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.v6i2.1504

Abstract

The development of prisoners in prison aims to foster prisoners so that they do not repeat their crimes and become better individuals so that they can be accepted back into society. In fostering prisoners, the classification of prisoners must be applied. The classification of prisoners is an application of the principle of individualization. The principle of individualization of punishment is one part of the purpose of punishment. Article 12 of Law Number 12 Year 1995 on Corrections once regulated the classification of prisoners based on the type of crime. In its amendment, namely in Article 36 paragraph (4) of Law Number 22 Year 2022 on Corrections, it no longer regulates the classification of prisoners based on the type of crime. The placement of prisoners is only classified based on age and gender or other reasons based on risk assessment.
Pertanggungjawaban Hukum Calon Notaris dalam Menjaga Kerahasiaan Pembuatan Akta dalam Optik Kepastian Hukum Khemal Akbar, Moh.; 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.v6i2.1506

Abstract

In functional subjectivity in law, a person who is a notary in criminal or civil and administrative matters due to the impact of not being able to maintain the confidentiality of the making of a deed can be associated through laws that are related to preventive legal protection for notaries. The aim of writing this scientific work is to analyze legal accountability. notary candidates in maintaining the confidentiality of deed making in the optics of legal certainty. The research method used is the Normative Juridical method, with a statutory and conceptual approach. The types of legal materials are primary, secondary and tertiary using literature study techniques to search for legal materials. Analysis techniques for systematic interpretation of legal materials. The results obtained are efforts to protect the legal liability of prospective notaries in maintaining confidentiality making deeds in the optics of legal certainty contained in preventive law which has 2 (two) aspects, namely the internal aspect preventive legal protection in the form of considering worker qualifications, increasing supervision, making work agreements and repression. On the side externally, there are special provisions in the UUJN regarding the position of workers as an instrument witness. Repressive legal protection in the form of filing criminal cases and civil lawsuits. The existence of repressive efforts constitutes mitigation efforts, meaning that these efforts are emphasized more in the event of a lossborne by the Notary
Permohonan Pemutusan Hubungan Kerja oleh Pekerja/Buruh Karena Dirumahkan Tanpa Upah Lebih dari Tiga Bulan (Analisis Putusan Nomor: 398/Pdt.Sus-PHI/2021/PN. JKT. PST): (Analysis Verdict Number : 398/Pdt.Sus-PHI/2021/PN. JKT. PST ) Hermanto, joni; Rumainur, Rumainur
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.v6i2.1511

Abstract

At the end of 2020, to be precise in November 2020, the government passed Law Number 11 of 2020 concerning Job Creation. Several months later, namely in February 2021, the government stipulated implementing regulations for Law Number 11 of 2020, namely Government Regulation Number 35 of 2020 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time, as well as Termination of Employment Relations. People infected by the COVID-19 outbreak continue to increase every day, and the number of deaths due to the COVID-19 outbreak continues to increase. The Central Government and Regional Governments have issued policies to prevent and overcome the spread of the COVID-19 outbreak, namely by implementing Large-Scale Social Restrictions (PSBB) and Implementing Community Activity Restrictions (PPKM). With the implementation of PSBB and PPKM by the government, several sectors, especially the accommodation provision sector, tourism businesses, food and beverage businesses, real estate, and construction experienced direct impacts as a result of the COVID-19 pandemic and the existence of PSBB and PPKM. The tourism sector, especially hotels, experienced a decline in income due to the lack of overnight guests, forcing entrepreneurs to lay off workers without providing wages to reduce expenses and save company finances. This thesis research analyzes the impact caused by laying off workers/laborers without being paid wages and legal considerations regarding the decision of the Industrial Relations Court at the Central Jakarta District Court with case number: 398/Pdt. Sus PHI/2021/PN. JKT. PST. The purpose of this decision analysis is to find out requests for termination of employment (PHK) by workers or employees due to being laid off for more than three months without wages based on Law Number 11 of 2020 concerning Job Creation.
Saksi Pelaku yang Bekerjasama pada Pengungkapan Kasus Tindak Pidana Pembunuhan Berencana dalam Sistem Peradilan Pidana (Studi Putusan Nomor: 798/PID.B/2022/PN.JKT.SEL) Larumpa, Renaldi Markus; Malik, Faissal; Anshar, Anshar
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.v6i2.1512

Abstract

This research aims to determine and analyze the regulations regarding cooperating perpetrator witnesses as the basis for judicial consideration in determining the status of cooperating perpetrator witnesses in the disclosure of premeditated murder cases in decision number 798/Pid.b/2022/PN.Jkt.Sel. Additionally, the study explores the extent of the involvement of cooperating perpetrator witnesses in general criminal offenses as a form of legal discovery. The research method employed is normative research using a case and legal approach to analyze primary legal materials, such as the court decision number 798/Pid.b/2022/PN.Jkt.Sel, and the Law No. 31 of 2014, SEMA 4 of 2011, and Joint Regulations of 2011. The results of the research indicate that, first: the regulation of cooperating perpetrator witnesses applies only to specific criminal offenses as mentioned. However, the judge's considerations in the a quo decision state that the Defendant Eliezer deserves to be designated as a cooperating perpetrator witness in the premeditated murder case based on the explanation in Article 5 Paragraph (2) of Law No. 31 of 2014 and later other conditions in Article 28 Paragraph (2). Second: Due to the complexity of disclosing serious and organized general criminal cases (casuistic), the conditions regarding the types of penalties are expanded for general criminal offenses with specified limitations.
Keabsahan Tanda Tangan Elektronik Melalui Platform DocuSign ditinjau dari Hukum Positif di Indonesia Lydia Evan, Gladys; Syailendra, Moody
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.v6i2.1513

Abstract

In this era of globalization, Indonesia has created progress in technology that enhances efficiency and effectiveness, namely the presence of electronic signatures. Electronic signatures can replace the conventional handwritten signatures typically placed on paper. The signature placed on paper in an agreement serves as valid evidence. The government-recognized electronic signature in Indonesia is the certified electronic signature. However, the DocuSign platform has not been certified by the Ministry of Communication and Information Technology through the Certificate Authority, leading to various perspectives on the validity of electronic signatures through the DocuSign platform. This research employs normative methods such as literature review, examination of applicable laws, and legal understanding. The validity of electronic signatures is assessed based on the laws in force in Indonesia.
Keabsahan Pembuktian Ahli dalam Tindak Pidana Pencabulan Anak Oleh Ayah Kandung Pada Studi Putusan Nomor 22/JN/2021/MS.Aceh. Simamora, Indah Maria Maddalena; Hutabarat, Rugun Romaida
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.v6i2.1514

Abstract

The validity in proving a crime must provide a strong belief to the judge about the truth of the evidence. This is in order to determine whether the defendant really committed the act charged or it can also be used to obtain the basis for the verdict in resolving a case. Expert testimony has the nature of validity or validity of evidence in assisting the examination in the crime of child abuse. The research will examine the validity of expert evidence in the crime of child molestation by the biological father. This study aims to determine how the validity of expert evidence in the crime of child molestation by biological fathers using descriptive-based normative juridical methods, using primary data, namely legislation, decisions and secondary data sourced from books, journals related to the validity of experts in the crime of child molestation. The problem examined in this study refers to one of the judge's considerations in Decision Number 22/JN/2021/Ms.Aceh. which states that the psychological expert is considered to have made every effort to lead the child victim to provide testimony according to the charges and the expert's testimony is ruled out. If there is doubt about the testimony presented by the expert, the Criminal Procedure Code provides room for the judge to call a second expert to be questioned to avoid in dubio pro reo in the judge's decision. If the child is a victim, the examination process must be accompanied by community counselors and social workers who have the competence and profession of social work and expertise. Based on this, expert evidence and psychological experts are needed in the examination of the crime of child abuse.
Peran NGO (Non-Governmental Organization) dalam Pengimplementasian Urban Farming Sebagai Strategi Adaptasi Di Kecamatan Koto Tangah, Kota Padang Rinawati, Rinawati; Sartima, Tarma; Fitri, Annisa; Saputra, Nika
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.v6i2.1515

Abstract

Urban farming has the potential to increase family knowledge in disaster preparedness. Through urban farming practices, families can gain relevant knowledge and skills to better deal with disasters. In the context of coastal communities in Koto Tangah subdistrict in Padang City which are vulnerable to disasters such as earthquakes and floods, urban farming can be an effective strategy in preparing families to face emergency situations. Urban farming has become a vital strategy in dealing with climate change and increasing food security in various urban communities. In this context, Non-Governmental Organizations (NGOs) play a central role in implementing and expanding urban farming practices. This research focuses on the role of NGOs in implementing urban farming in Koto Tangah District, Padang City. NGOs act as policy advocates, mobilizing support and driving change in urban agricultural management. Training organized by NGOs increases community knowledge and skills related to urban farming, creating positive behavioral changes. Effective outreach increases understanding of the sustainability and benefits of urban farming. In seeding and planting activities, NGOs provide significant support through the distribution of planting media, seeds and fertilizer. This results in increased capacity, confidence and savings in family expenses. Overall, the role of NGOs in urban farming in Koto Tangah District not only creates a practical transformation in food production, but also has a positive impact on awareness, disaster preparedness and environmental sustainability. This research provides a holistic picture of how NGO interventions can be a catalyst for change in urban communities through the implementation of urban farming.
Eliminasi Teori Pembagian Kekuasaan dan Lahirnya Hak Veto Pasca Amandemn Undang-Undang Dasar 1945 Tekege, Petrus
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.v6i2.1516

Abstract

If we glance at the theory Montesqeuie Trias Politica, the Act established powers that be in the hands of the legislature. Delivery is based on fhilosophy that the legislature is an institution in which representatives of the people of Oran is a collection of those options that carry out the mandate of the people who choose it. While eksekutuf as the executor of what the will of the people under the law of products made by legislatures. Power to form the Law in Indonesia after the 1945 amandemn reflect Montesqeuie theory but not entirely in the hands of the legislature can be said even with the power between the parliament and the president which, according to opinion of the writer is still to be debated again in the future.
Penerapan Hukum Indonesia Terhadap Tindak Pidana Pornografi bagi Pelaku dengan Eksibisionisme Aisyah Cahyani, Putri; 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.v6i2.1517

Abstract

The pornography case was committed by Siskae who created pornographic content on the social media onlyfans, where Siskae's actions constituted a criminal act of pornography, where Siskae suffered from the mental disorder of exhibitionism, namely sexual deviation that occurs to a person which causes the sufferer to experience increased sexual arousal when he shows a tool. her gender. Due to Siskae's mental disorder, Siskae, based on Article 44 of the Criminal Code regarding justification and forgiveness, received a reduced sentence and restorative justice could be implemented.

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