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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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Implementasi Pasal 21 Ayat (2) Huruf A Undang-Undang Nomor 5 Tahun 1990 Tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya di Bali Suardana, I Nyoman Alit; Budiana, I Nyoman
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

The problem in this research is why the implementation of Article 21 paragraph (2) letter a of law number 5 of 1990 has not been optimally implemented regarding living natural resources and their ecosystems in Susut District, Bangli Regency. The purpose of this study was to obtain data and analyze the factors causing the non-optimal implementation of Article 21 paragraph (2) letter a of Law Number 5 of 1990 in the case of eagle rearing by residents in Susut District, Bangli Regency, to find out and analyze the efforts made by the government. in optimizing the implementation of these regulations. The method used is descriptive with the type of normative legal research that is descriptive analysis. The technique of collecting legal materials is by studying literature, rules and literature related to the title of the study, and using a descriptive argumentative approach. The analysis uses descriptive with the theory of legal effectiveness. The results of the study indicate that the implementation of Article 21 Paragraph (2) Letter a of Law Number 5 of 1990 has not been maximized. It was found that there are still residents who keep eagles, this is caused by several factors including weak law enforcement, limited personnel on duty in the field, lack of funds provided by the government, lack of legal awareness among the community. Meanwhile, efforts that have been made by the government include conducting education and training for personnel capacity, conducting socialization of laws, conducting monitoring and investigations, managing, utilizing and preserving conservation areas, collaborating with other institutions/agencies in conservation efforts of living natural resources and their ecosystems. Efforts will be made by the government is to form a non-governmental group.
Penerapan Konsep Desentralisasi pada Pelayanan Publik: Studi Kebijakan Pengelolaan Municipal Solid Waste di Jepang Vanya, Irwinda; Nursadi, Harsanto
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.v6i2.1563

Abstract

In theory, decentralization is believed to have a good impact on improving public services. Japan is one of the countries that has succeeded in providing public services through granting authority to local governments. This paper discusses the application of the concept of decentralization to public services, particularly municipal solid waste management policies in Japan. The research was conducted on the Japanese government's policy regarding municipal solid waste management. The research method used is normative juridical. The results of the study show that community involvement, dynamic partnerships and funding creativity are the keys to the successful application of the concept of decentralization in municipal solid waste management in Japan. This shows a shift in the meaning of decentralization and the use of New Public Service, New Public Management and New Public Governance perspectives in the application of the concept of decentralization in municipal solid waste management in Japan. The Japanese government defines decentralization as a multidimensional process. To benefit from decentralization, lawmakers need to formulate appropriate configurations and relationships between stakeholders.
Perlindungan Hukum Hak Pemegang Saham Pada Pebubaran Perusahaan di Karenakan Pailit Ayu Tri Isnawati, Fahira; Mahmudah, Siti
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.v6i2.1564

Abstract

The world economic developments this day have encouraged so many aspects for human life. Capital market as one of economic needed fulfill alternative have start to reach by all of society member. It is an important thing to the government as the highest market authority to give a legal certainty in order to protect its people. Investing in capital market with stock form is one of investment choice for most people which is give a financing solution for most of company in the country. Especially for a listed company in the capital market. But investing in the capital market with stock form not only give a profit opportunity but also have a risk such as bankruptcy. The purpose of this article is to seek and analyze the legal impact of the bankruptcy of listed company to the capital market investor, and legal protection for capital market investor due the bankruptcy of listed company reviewed by Indonesia bankruptcy. For further examine the problems in this,uses a juridical normatif and qualitative juridicial ,the result of this research show that: first, the impact of bankruptcy for investor is make the loss of capital gain opportunity which is caused by the stock lock up in the market by IDX and caused delisting for the stock of listed company. Second, the legal protection for investor due the bankruptcy of listed company is by the market trading system which is provided by the market disclosure principle and investor can reach the compensation by suing the company in the court.
Implementasi Hukum Tanah Wakaf dalam Konflik Pembangunan Masjid yang Berdekatan dengan Masjid Lainnya Perspektif Ibnu Taimiyyah (Studi Kasus di Desa Sei Lumut Kecamatan Panai Hilir Kabupaten Labuhanbatu) Rizki, Ahmad; Rahman Harahap, Abd
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This research is a type of qualitative research located in Sei Lumut Village, Labuhan Batu Regency, with the research objectives being: 1) to find out how the waqf law is implemented on the activation of the benefits of waqaf land built by a mosque in Sei Lumut village; 2) to find out what Ibn Taimiyah's perspective was regarding the conflict over waqf land negotiations for the mosque built in Sei Lumut village. The results of the research show that the act of transferring the benefits of waqf land carried out by the waqif's children to become a mosque building is completely inconsistent with the provisions of Law no. 41 of 2004 concerning waqf and has violated articles 22, 23, 40, and article 41 and therefore his actions can also be subject to sanctions as stated in article 67 of Law no. 41 of 2004 concerning waqf. Meanwhile, according to Ibn Taimiyah's perspective, mosques built on waqf land are classified as dhiraran mosques built for the detriment of many people. They are permitted to be demolished to not cause obstacles among the people.
Penyelesaian Sengketa Medik Terhadap Adanya Dugaan Kelalaian Medik oleh Dokter Gigi dalam Perspektif Hukum Kesehatan Sari Mayang, Puti; Khairani, Khairani; Elvandari, Siska
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

Health services lead to health development which aims to achieve awareness, will, and the ability to live healthy for every resident in order to achieve optimal public health status as aspired to in Law Number 36 of 2009 concerning Health. In terms of optimal health services, it is certainly expected to create professional health workers in carrying out their profession, especially dentists. However, in carrying out medical practice, it is possible for a dentist to commit medical crimes that have an impact on the patient's health. Where medical negligence that results in disruption of patient health can result in disruption of medical health between doctors and patients. But not infrequently in terms of legal protection and in solving medical problems there are significant obstacles to solving legal problems. So to answer this problem, it is necessary to know the form of patient legal protection for the existence of medical justice by dentists and how to settle medical settlements between patients and their families and doctors based on the provisions in force in health law. The research method used is descriptive normative research. The results of the study revealed First, that legal protection for patients due to dentist negligence has been specifically accommodated in several laws related to health, but this legal protection has not run optimally because there are still massive obstacles originating from the legal substance of the legal structure and legal culture. who have not been able. Second, the causes for the medical settlement are qualified into three things, namely due to the absence of medical negligence, medical failure and medical malpractice, then in terms of the settlement of medical settlements it has not run optimally either through non-litigation or litigation, therefore the need for a Medical Dispute Settlement Court (PSSM) which specifically resolves cases related to health law in Indonesia.
Pengaruh Model Problem Based Learning dalam Meningkatkan Hasil Belajar Siswa SMP Negeri 33 Kota Makassar Kelas IX Said, Muh.; Arismunandar, Arismunandar; Miftah Fauzan, Muhammad; Eka Saputra, Imran
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This research aims to determine the effect of problem-based learning on improving learning outcomes. This research uses a quantitative approach with a quasi-experimental design to evaluate the impact of implementing a problem-based learning model on Social Sciences (IPS) learning outcomes at SMPN 33 class IX UPT SMP Negeri 33 Makassar City. The research sample consisted of two groups. The sample was determined using purposive sampling, 30 experimental and 30 control class samples. Data was collected using tests. The control group received conventional learning, while the experimental group received learning with a problem-based learning model. Data is collected through test results. The hypothesis test results show a significant difference in the ability of Social Sciences learning outcomes between the two research groups. Confirms that the application of the problem-based learning model has a positive effect in improving social studies learning outcomes at the junior high school level.
Kristalisasi Butir Pancasila sebagai Fondasi Hukum Budaya di Republik Indonesia Andrias, Maria Yeti; Zirhani Rumalean, Zonita
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

This paper aims to deepen the understanding of the Pancasila concept as a legal source within the context of national culture in the framework of the unitary state of the Republic of Indonesia. The research employs a documentary literature review approach. The analysis results conclude that "Panca" signifies five, while "Sila" refers to principles or principles encompassing essential values such as belief in the Almighty, humanity, nationalism, democracy, and social justice. The article explores the manifestation of Pancasila values and concepts in culture by referring to three main concepts: cultural materials, where individuals are considered cultural realities; social interactions; and tangible creative products. The analysis, study, and description provided in this paper lay the foundation for practical recommendations, emphasizing the necessity of embodying Pancasila values and applying these concepts as a national legal foundation. Beyond mere text, the embodiment of Pancasila values must be an integral part of the daily actions of all citizens. This article advocates for the crucial implementation of concrete Pancasila values in societal life, forming a solid foundation for cultural law in Indonesia.
Menguak Peran dan Tantangan Advokat dalam Sistem Peradilan Pidana Indonesia: Suatu Kajian Praktis Rahaman Upara, Abdul; Mochammad Roem, Anwar
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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This article delves deeply into the role played by lawyers in the context of the Indonesian criminal justice system. Through a practical study, this research analyzes the contributions of lawyers to the sustainability of the criminal justice system while highlighting the challenges they face in carrying out their duties. This research approach involves the examination of specific cases, interviews with lawyers, and a review of recent legislative changes. The analysis underscores how lawyers not only function as legal advocates for defendants but also have a significant impact on the integrity, transparency, and efficiency of the criminal justice system. The main challenges faced by lawyers, including resource limitations, time pressure, and various regulatory aspects, are detailed and explored. The findings of this study provide in-depth insights for legal practitioners, policymakers, and academics regarding the complex dynamics of lawyers in the context of Indonesian criminal justice. Practical implications and recommendations for system improvement are also discussed as positive contributions from this research.
Analisis Hukum Yayasan Pendidikan Tinggi Sebagai Wajib Pajak Penghasilan Zulkarnain, A.
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.v6i2.1570

Abstract

This research focuses on the Legal Analysis of Higher Education Foundations as Income Tax Subjects. The research method employed is normative juridical with a conceptual, theoretical, legislative, and case approach. The data used consists of secondary data in the form of primary and secondary legal materials. The research results indicate that Higher Education Foundations now have legal certainty as Taxable Entity subjects, with obligations to Withhold, Deposit, and Report (3M) Article 21 Income Tax under Law No. 36/2008 for activities falling under Article 21 Income Tax, Article 4 paragraph (1), such as salaries/wages of teachers, allowances, honorariums paid to employees or participants, and other parties. Income received or obtained from business activities, work, or services, deduction of registration fees for new students, student tuition fees, etc.; Article 4 paragraph (2) gains from the utilization of foundation assets, etc.; Article 23 Income Tax on architectural services for the construction of foundation education buildings. These amounts are then deposited at the post office or bank designated by the Minister of Finance. Furthermore, Taxpayers, Tax Withholders, and Tax Reporters, if found in violation of tax regulations, will face sanctions, including Administrative Sanctions under Article 7 Paragraph 1 of Law No. 6 of 1983 concerning General Provisions and Taxation Procedures (Tax Law) for failure to report Tax Returns, Article 9 Paragraph 1 and 2a Tax Law for late payment or deposit of taxes to the state treasury; Article 13 Paragraph 1 Tax Law for underpayment of taxes for 5 consecutive years. Criminal Sanctions will be applied according to Article 39 Paragraph (1) Tax Law for negligence of tax withholders in providing withholding or collection proof.
Pertanggungjawaban Pelaku Usaha Terhadap Pemenuhan Hak Konsumen Festival Musik yang Dibatalkan oleh Panitia Penyelenggara Parawasansa, Anisa Umi Sya’ ada; Edhi Mahanani, Anajeng Esri
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.v6i2.1571

Abstract

A music festival is a public music celebration that is held directly at a specified location and a large number of spectators or visitors are held in an arranged manner. In its implementation, there are still some non-fulfillment of consumer rights that are violated by business actors, causing losses to consumers who have purchased festival tickets. The implementation of music festivals does not always run smoothly and well so that there are often deficiencies that result in dissatisfaction or non-fulfillment of the rights of event visitors as consumers of music festival events. The purpose of this study is to find out about legal arrangements for fulfilling consumer rights in organizing music festivals. The type of research used is normative juridical research. Primary and secondary sources of data and legal materials were obtained from legislation related to legal issues, namely Law no. 8 of 1999 concerning Consumer Protection, publications with the theme of consumer protection, as well as journals that discuss consumer protection for non-fulfillment of rights by business actors.

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