Unes Law Review
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
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<![CDATA[Kompetensi Absolut dalam Badan Arbitrase Nasional Indonesia dalam Penyelesaian Sengketa Berdasarkan Perjanjian Penyaluran Tenaga Listrik (Studi Putusan Nomor: 681/Pdt.G/2019/Pn.Jkt.Sel) ]]>
<![CDATA[Agustinus Alva, Jonathan]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i2.1530
<![CDATA[Arbitration is one way between parties to resolve an arbitration based on an agreement made by the parties. Settlements using arbitration are generally made by the parties by inserting an arbitration clause into an agreement to resolve a settlement outside of court for the parties. However, in practice, the settlement for the parties is still carried out in court, which should refer to the contents of the agreement which contains an arbitration clause, then the settlement of the parties must be carried out through arbitration in accordance with the contents of the agreement agreed to by the parties, which is binding on the parties. party. So this research raises two main problems, namely how the provisions for arbitration settlement are based on the arbitration clause agreement regarding the Pactum de Compromittendo in Indonesia. Based on Law 30 of 1999 concerning arbitration and alternative settlements and what are the legal provisions in Indonesia regarding absolute competence in cases of arbitration clause agreements in Indonesia. To answer this problem, normative juridical research was carried out on study decision number: 681/PDT.G/2019/PN.JKT.SEL. Data processing is carried out qualitatively, while conclusions are drawn based on deductive logic. Based on analysis of study decision number: 681/PDT.G/2019/PN.JKT.SEL. It is known that there are agreements that contain an arbitration clause made by the parties, but the settlement is resolved through court and then the court still accepts and decides on the settlement, even though the agreement made by the parties contains an arbitration clause.]]>
<![CDATA[Polemik Mahkamah Kontitusi Terhadap Pertimbangan Open Legal Policy dalam Putusan Perkara Perpanjangan Masa Jabatan Pimpinan Komisi Pemberantasan Korupsi (KPK) ]]>
<![CDATA[Haidir Madan, Muhammad Rechanda]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i2.1531
<![CDATA[The importance of the Constitutional Court giving birth to decisions that contain substantial justice to what the community needs, one of which is to examine the law against the 1945 Constitution (UUD 1945). The authority of the Constitutional Court is actually allowed to go beyond what is stated in the law, only if the law confines the Constitutional Court judges in upholding justice such as Positive Legislature. In Decision Number 112/PUU-XX/2022, the Constitutional Court granted a judicial review request against Law Number 19 of 2019. One of the Court's decisions was to grant a change in the term of office of the KPK leadership, which was originally 4 years to 5 years in one term. This decision is actually the domain of lawmaking institutions, the Constitutional Court's view on open legal policy is part of a policy whose domain is outside of its competence in several specific articles in the law. Open legal policy actually needs to be given a limit by reflecting on its practice and foundation in several countries. This research uses a doctrinal research method which is a library legal research conducted by examining library materials or secondary data which is then supported by comparative studies of various countries. The results showed that the Constitutional Court should have rejected this case because it is an open legal policy that should be returned to the authority of the legislature. The Constitutional Court's decision on the extension of the KPK's term of office is controversial because it violates the principle of division of powers in state institutions. Its consideration was also not based on the urgent interests of citizens. Therefore, the author compares the practice with other countries, such as the United States, which overcomes the open legal policy gap with the use of the political questions doctrine, which provides clear boundaries to see a moment when the judiciary must take action with the orientation of restoring citizens' rights, and when it must refrain according to the concept of separation of powers. However, other countries such as Poland, Ukraine and Hungary have used open legal policy as a tool to reduce political attacks on the constitutional judiciary.]]>
<![CDATA[Analisa Hukum Terhadap Pemanfaatan Logam Tanah Jarang Berdasarkan UU No. 3 Tahun 2020 Tentang Perubahan Atas Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara JO. PP No. 96 Tahun 2021 Tentang Pelaksanaan Kegiatan Usaha Pertambangan ]]>
<![CDATA[Haris Budi Agung, Muhammad]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i2.1532
<![CDATA[The management and utilization of rare earth elements (REEs) have not been comprehensively regulated in the existing national legislation. Nevertheless, an analysis of Law No. 3 of 2020, which amends Law No. 4 of 2009 on Mineral and Coal Mining, suggests that the management of REEs is carried out within the framework of downstream mining policies that focus on increasing the value-added to raw materials, including purification processes before distribution to the market can be done. Government Regulation No. 96 of 2021 on the Implementation of Mineral and Coal Mining recognizes that rare earth metal elements such as monazite and xenotime are part of metallic minerals, and the obligation for processing and/or purification of REEs is outlined in the Minister of Energy and Mineral Resources Regulation No. 25 of 2018. even though the existence of LTJ has a strategic role in providing industrial and defense needs in the future. The currently very limited management and utilization policy for REEs in the country is contradictory to the latest sea sand sedimentation management policy contained in Government Regulation Number 26 of 2023 because it implies that there is an opportunity to export sea sand and its derivative products without prioritizing the conservation aspect of REEs. Regarding the relevant authority, the management and utilization of REEs also involve two central ministries, namely the Ministry of Energy and Mineral Resources and the Ministry of Industry, in order to create an effective and optimal roadmap for REEs management and utilisation in line with national interests.]]>
<![CDATA[Tindak Pidana Pencemaran Nama Baik di Muka Umum Terhadap Pejabat Negara (Studi Putusan Nomor:52/Pid.B/2020/PN Mjn) ]]>
<![CDATA[Susilowati, Anisa]]>;
<![CDATA[Khutub, Muhammad]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i2.1552
<![CDATA[The crime of public defamation against a state official is an act that defames a person who serves as a state official (such as the President, Minister, Member of Parliament, etc.) with the aim of creating public distrust of the official. This action can be done in various ways, such as spreading false information, slander, or insults against the state official openly to the public. This research uses a normative method by examining Decision Number 52/Pid.B/2020/PN.Mjn in the case of Defamation. The results show that Article 310 of the Criminal Code is often used to punish individuals who want to reveal the truth, but have difficulties due to unclear defamation regulations. This is due to the lack of clarity in the concepts of "public interest" and "forced self-defense" contained in Article 310 paragraph 3 of the Criminal Code as a reason to waive criminal sanctions.]]>
<![CDATA[Penyelesaian Sengketa Perceraian Di Pengadilan Agama Pasca Pemberlakuan Sema Nomor 1 Tahun 2022 (Analisis Putusan Pengadilan Agama Painan Nomor 492/Pdt.G/2023/PA.Pn.) ]]>
<![CDATA[Ilham Azizul Haq, Muhamad]]>;
<![CDATA[Yasniwati]]>;
<![CDATA[Yaswirman]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i2.1554
<![CDATA[This study aims to analyze the settlement of divorce disputes in religious courts after the implementation of the Circular Letter of the Supreme Court of the Republic of Indonesia Number 1 of 2022 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2022 as Guidelines for the Implementation of Tasks for the Courts dated December 15, 2022. The method used for this research is a normative legal research method that refers to literature research and laws, then data collection and analysis are carried out after which conclusions are drawn using the deductive method of thought. The results showed that, the issuance of the Formulation of the Religious Chamber number 1 letter b point 2) Circular Letter Number 1 of 2022 which stipulates that in an effort to maintain a marriage and fulfill the principle of making divorce difficult, divorce cases on the grounds of continuous disputes and quarrels can be granted if it is proven that the husband / wife is in continuous dispute and quarrel, or has separated the place of residence for at least 6 (six) months does not just appear but goes through a long process. The Supreme Court through the formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 4 of 2014 also provides a number of indicators as a clue to the condition of a broken marriage. This is then refined in Supreme Court Circular Letter 3 of 2018 which provides instructions to judges to consider sufficiently and thoroughly in adjudicating divorce cases. The formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 1 of 2022 emphasizes the provisions of Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage which makes it easier for judges to explore the root causes of divorce filed by husband or wife to minimize the reasons for divorce of continuous disputes and quarrels.]]>
<![CDATA[Manfaat dan Mafsadat Teknologi Modern Persfektif Maslahah ]]>
<![CDATA[Zainuddin]]>;
<![CDATA[Gassing, Qadir]]>;
<![CDATA[Kurniati]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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<![CDATA[This article discusses the benefits and benefits of modern technology from a maslahah perspective which aims to provide an explanation regarding the benefits of modern technology on the development of Islamic law, and how it has a negative influence on the development of Islamic law. This article is a literature review sourced from several relevant references to the topic discussed. Data collection techniques come from researching relevant reference sources in the form of journals, articles, websites, books and other scientific works. Islam has full care and attention for its ummah so that it continues the process of exploring the potential of nature and the environment to become the center of a glorious civilization. In this context, there is no conflict between science and Islam, where both work in balance and harmony to create scientific treasure and human civilization that is better than before. Current technological advances cannot be separated from people's lives. We can now know various information that occurs in various parts of the world directly thanks to technological advances (globalization). Previously, we knew the saying "the world is not as wide as a moringa leaf", now that saying should be changed to today's world as wide as a moringa leaf, because the rapid access to information in various parts of the world makes this world seem narrower because we can see what is happening in America for example, even though we are in Indonesia.]]>
<![CDATA[Career Development Challenges In Strengthening The Performance Of The Polri Baintelkam ]]>
<![CDATA[Bagus Herwasto Nurwicaksono, Michael]]>;
<![CDATA[Chryshnanda Dwilaksana]]>;
<![CDATA[Payaman Jan Simajuntak]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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<![CDATA[This research aims to address the issue of retention among members of Baintelkam Polri by identifying the problems and factors hindering career development within the organization. Despite the implementation of career coaching, retention issues persist. The research seeks to formulate a more effective strategy for career development within the Indonesian National Police Security Agency. The theoretical frameworks utilized include career management theory, performance theory, career coaching concept, and strategy concept, as well as relevant police regulations. The research adopts a qualitative approach, employing field research. The results of this research show that there are a number of problems and challenges that must be faced in career development for the National Police Security Agency. The main challenge in the internal aspect is maintaining the security and confidentiality of intelligence information amidst dynamic changes in the global environment, with threats such as the latest technology, cyber threats, and high levels of stress due to sensitive tasks. The next challenge comes from external aspects originating from cooperation problems, including with other institutions, as well as technical and information security issues. Strategies in a better career development system to strengthen the performance of the National Police's Security and Intelligence Agency have so far been implemented through career planning, job rotation and the use of technology.]]>
<![CDATA[Upaya Tokoh Masyarakat Untuk Mencegah Perkawinan Anak Sebagai Bentuk Pendidikan Hukum ]]>
<![CDATA[Eka Septi, Lia]]>;
<![CDATA[Vien Permata H, Rima]]>;
<![CDATA[Rejekiningsih, Triana]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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<![CDATA[This research aims: To analyze the efforts of community leaders in preventing child marriage as a form of legal education in society. This research uses a form of qualitative research with a case study approach. Data sources were obtained from informants, places and events and documents. The main informants in this research are community figures, namely 1 religious leader and 1 marriage registrar. Supporting informants are children who carry out child marriages and parents of children who carry out child marriages. Data collection techniques include interviews with children who have child marriages, parents of children who have child marriages, community leaders (religious leaders and marriage registration officers), observations and documents. For data validity, source triangulation and technique triangulation were used. Meanwhile, the data analysis technique uses an interactive analysis model (Miles & Huberman 1984) which consists of data collection, data reduction, data presentation, and drawing conclusions. Based on the results of the research, it can be concluded that the efforts of community leaders to prevent child marriage as a form of legal education include religious leaders providing education regarding the science of marriage at majlis ta'lim events and at marriage ceremonies, Marriage Registrar Officers only provide outreach to the community who will be carrying out the marriage. namely just before the contract takes place.]]>
<![CDATA[Tinjauan Yuridis Kedudukan Amicus Curiae Terhadap Anak Pelaku Pelecehan Seksual ]]>
<![CDATA[Rusmini Gorda, AAA. Ngurah Tini]]>;
<![CDATA[Yudas Swastika, I Gusti Bagus]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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<![CDATA[Children as child offender who is not yet 18 years old has been suspected of commiting a criminal act. A criminal act sexual harassment is a crime that is often committed by minors in the form of ex pressions, actions until physical intercourse. So that in this case the concept of “amicus curiae” can help examine and clarify the case of a child perpetrator of sexual harassment in proving a crime. In this studyiaimsutoideterminelthe mechanismsof “amicus curiae” position towards children as perpetrators of sexual harassment and the research method used was normative research method or research using literature study by examing primaryllegalsmaterials, secondary legal materialsand tertiaryylegalsmaterials. So that thehresult ofithis study indicatesthataposition of “amicus curiae” in a criminal act as evidence can be in writing and not in writing. “Amicus Curiae” if it is linked to evidence of article 184 KUHAP ofrthe criminalkproceduremcode, “amicus curiae” can be classified in material evidencetof letter and intructions but not formally. And the concept of amicus curiae canihelp examine and clarify the juvenite criminal justice process as a perpetrator of sexual harassment who is studied from a philosophical, sociological, and juridical perspective by providing a basis for consideration to the judge related to a child perpetrators of sexual harassment and this case the judge can use the concept of a amicus curiae in deciding the sentence for a child perpetrators of sexual abuse by putting forward the best principles for Children without sacrifing children’s rights.]]>
<![CDATA[Penegakan Hukum Pidana Terhadap Penyelundupan Satwa yang Dilindungi ]]>
<![CDATA[Suja, I Wayan]]>;
<![CDATA[Ayu Sadnyini, Ida]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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<![CDATA[The government protects animals that need to be safeguarded. Which in this situation means that people are not permitted to perform acts that are contrary to the norms established by the government, in this case with regard to protected animals. Article 1 point 1 of Law No. 5 of 1990 concerning Conservation of Natural Resources states that animals that develop and dwell on land, in the air, or in water and have various natural characteristics are considered separate creatures, including those that are managed by people or that are found in the wild. The formulation in this study is as follows how is the legal regulation of animal smuggling and how are criminal sanctions against animal smuggling. The method used is a method of normative legal research. It is expected that the government and the people of Indonesia, in particular, to be willing to participate in protecting and eradicating people in terms of hunting protected wild animals, where it aims to keep rare animals around us sustainable]]>
