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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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Perlindungan Pasien Terhadap Praktek Pelayanan Kesehatan Akupunktur di Kabupaten Banyumas Putra Pratama, Muhammad Rendy
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.v6i2.1572

Abstract

Indonesian Health Services are not only medical health services but also traditional health services. There are various types of health services in Indonesia, one of which is traditional health services, an example of which is acupuncture. Acupuncture is an alternative medical service that is chosen by the public because it is cheaper, but many acupuncture clinics have practice permits even though this is mandated in statutory regulations. This study aims to analyze the legal protection of patients and the factors that influence the registration of acupuncture practice permits. The method used is empirical juridical using primary data and secondary data. As a result, patient protection has been accommodated in applicable regulations and law enforcement of acupuncture practice is influenced by legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors.
Kewenangan Dewan Perwakilan Rakyat dalam Penggantian Hakim Konstitusi yang Berasal Dari Usulannya dalam Masa Jabatan Alsyam, Alsyam
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.v6i2.1574

Abstract

The precedent of dismissal and replacement of Constitutional Court Judge Aswanto during his term of office by the proposing body (DPR) is the first time this has occurred in the history of filling the position of Constitutional Court Judge in Indonesia. Does the DPR unilaterally have the authority to dismiss or...recall against Constitutional Judges originating from their proposals during their term of office. The research results explain thatLThe proposing body can renominate or replace the constitutional judge from his proposal during his term of office if the constitutional judge from his proposal is dismissed during his term of office by the President first at the request of the Chairman of the Constitutional Court based on the reasons stated in the Law on the Constitutional Court. However, the proposing institutions (DPR, Supreme Court and President) cannot unilaterally withdraw or recall constitutional judges based on their proposals.
Pengaturan Pengupahan Tenaga Kerja UMKM Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Menurut Perspektif Hak Asasi Manusia Nazmi, Didi
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.v6i2.1576

Abstract

From issues of protection, wages, welfare, industrial relations disputes, labor development and inspection. The philosophy of the Labor Law in force in Indonesia is that national development is carried out in the context of the complete development of Indonesian people and the development of Indonesian society as a whole to create a prosperous, just, prosperous, equitable society, both materially and spiritually based on Pancasila and the Constitution of the Republic of Indonesia. Indonesia in 1945. Wage arrangements for MSME workers which are only determined based on an agreement will have the potential for irregularities in wages. Even with the arrangement of wage payments to see indications of economic conditions by the government, the wages of MSME workers should be determined like other workers. This research is a normative legal research (doctrinal research) with a Statutes Approach and a conceptual approach. The results of this study explain first, special arrangements for the Indonesian government's MSMEs wages aim to realize quality employment development. Determination of wages in the MSME sector is not only based on agreements and the average consumption of the community. Instead, employers are required to compile and implement a pay scale structure with due regard to financial capabilities and productivity. Second, the legal consequence of the existence of Perpu 2/2022 creates a decent wage for MSME workers. Fulfillment of wages for MSME workers provides legal certainty and is able to guarantee their survival based on the principle of balance.
Penyelesaian Pelanggaran Hak Asasi Manusia Yang Berat Masa Lalu Melalui Mekanisne Non-Yudisial (Studi Terhadap Keputusan Presiden Nomor 17 Tahun 2o22 Tentang Pembentukan Tim Penyelesaian Non Yudisial Pelanggaran Hak Asasi Manusia yang Berat Masa Lalu) Syofyan, Yunita; Nazmi , Didi
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.v6i2.1577

Abstract

Based on Law No.26 of 2000 TentaofHuman Rights Court, apart from going through court, past serious human rights violations can be resolved through non-judicial mechanisms. Formation of a non-judicial resolution team for past serious human rights violations based on Presidential Decree Number 17 of 2022 whose task is to carry out non-judicial tasks to reveal cases of serious human rights violations and recommend concrete and dignified remedies for victims of serious human rights violations. Then. The question is, does the Non-Judicial Resolution Team for Past Serious Human Rights Violations have non-judicial authority in disclosing cases of past gross human rights violations?
Kedudukan Hukum Akta Pengakuan Hutang yang Dibuat Dihadapan Notaris (Studi Kasus Perkara Mahkamah Agung Nomor: 2956/K/Pdt/2013) Puspita Siregar, Elvia; Danil, Elwi; Fendri, Azmi
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

A deed of acknowledgment of debt made by a notary authentically will be followed by a deed of acknowledgment of debt also authentically made by a notary. If the debtor is in default in carrying out his obligations to the creditor, based on the debt acknowledgment deed a grosse deed can be issued, which is the first copy which has the same force as a court decision which has permanent legal force. In this research, the formulation of the problem related to the legal protection of Land Deed Drafting Officials (PPAT) against acts of falsification of data on sale and purchase deeds by applicants, namely: 1. What is the legal position of the Deed of Debt Acknowledgment made before a Notary in Supreme Court case Number 2956 K/Pdt/2013 ? 2. What is the judge's consideration in Supreme Court case Number 2956.K/PDT/2013 in relation to the Deed of Debt Acknowledgment made to the Notary? 3. What are the legal consequences of the decision of Supreme Court case Number 2956.K/Pdt/2013 on the Deed of Debt Acknowledgment made before a Notary? This research uses a juridical-normative approach. The research results obtained are: normative legal research, namely research. The results of the discussion of the problems that arise in this research are that the legal strength of a debt acknowledgment deed made by a notary with an authentic deed is perfect evidence for parties in the event of prosecution in court. Apart from that, the deed of acknowledgment of debt made by the notary is authentically legally binding in accordance with the law for the parties who make it so that it must be adhered to, complied with and implemented as well as possible and in good faith to achieve the smooth implementation of the debt. The legal consequence of making a debt acknowledgment deed made by a notary against the parties in the event of a trial in court is that the parties are bound by a debt payment agreement which they have acknowledged using an authentic notarial deed in the form of a debt acknowledgment deed. The basis for the legal considerations of the panel of judges in deciding the case of a lawsuit for cancellation of a debt acknowledgment deed made by a notary with an authentic deed in Supreme Court Decision No. 2956.K/PDT/2013 is that the cassation filed by Defendant I HH and Defendant II DH does not have strong reasons or does not have a strong legal basis to be submitted to the Supreme Court. However, the clause of the debt acknowledgment deed made by the notary containing the provisions for interest/late fines of 8% (eight percent) per month was canceled by the panel of judges and changed to 2% (two percent) per month because the interest provision was 8% (eight percent). per month, the legal provisions in force in the banking law require that the interest rate on a loan must not exceed 2% (two percent) per month.?
Analisis Putusan Pengadilan Agama No. 299/Pdt.G/2022/PA. PspK (Padang Sidempuan Kota) Tentang Isbat Nikah Poligami yang Masih Dalam Pernikahan yang Sah Erina Nasution, Muthia; Akbar, Ali
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

Basically, the confirmation of marriage isbat arising from a polygamy union cannot be approved, according to SEMA No. 3 of 2018. However, in Rulling No. 299/Pdt.G/2022/PA.PspK (Padang Sidempuan City), the judge decided to validate the confirmation of marriage from the polygamy union considering several aspects, namely that the marriage of the marriage of the Petitioner and the Respondent had fulfilled the requirements and essential elements of marriage according to Islamic law, and the judge considered the decision of Cassation Number 233/K/Ag/2020. His research aims to analyze the judge’s considerations in gratinting the petition for confirmation of marriage arising from a polygamy union. The study involves empirical juridical research using a qualitative approach.
Perlindungan Konsumen Terhadap Pembelian Sepeda Motor Baru Mengenai Kerusakan Rangka Esaf Ditinjau Dari Perspektif Ibnu Taimiyah dan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Rahmawati Lubis, Nila; Zahara, Fatimah
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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Abstract

Motorcycle vehicles at this time are one of the primary vehicles used by the majority of people in daily activities. So that a motorcycle vehicle that is safe and suitable for use is a great hope of the community, especially in the frame which is the most important part of a vehicle. Lately cases that are rife in the community are damage to the eSAF frame resulting in broken and porous Honda brand vehicles, several incidents of broken motorcycles in the middle of the road, this is what attracts the author's attention to examine more deeply about what causes it and how Ibn Taymiyah's perspective and the Consumer Protection Law on this problem. This research is qualitative research with an empirical normative approach method using a type of research approach, namely library research. The results of this study show that there are rampant cases of damage to Honda motorcycle frames because they use eSAF type frames that are not good from previous types of frames, while from AHM explained that every product they market has been checked and is suitable for use. According to Ibn Taymiyyah in the principle of buying and selling is not justified this practice, because the frame is in the vehicle and not visible, there should be liability for damage suffered by consumers. And in terms of consumer protection, precisely in article 7 letters a-g has not been effectively applied in this broken frame problem
Tinjauan Fiqh Siyasah Pada Pengisian Kekosongan Jabatan Kepala Daerah oleh Wakil Kepala Daerah Ghafar, Taufik; Firmansyah, Heri
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.v6i2.1583

Abstract

This research discusses the causes of vacancies in regional head positions by deputy regional heads in Indonesia and the urgency of filling them, especially if the remaining term of office is more than 18 months. Using descriptive qualitative methods and Law Number 10 of 2016 as primary legal material, the research found that legal uncertainty regarding the time limit for filling this position often hampers the replacement process. In regional government theory, the positions of regional heads and their deputies are very important and inseparable, considering their roles in regional management and leadership. From Dusturiyah's siyasah review, the replacement of regional heads by their deputies is not only permitted but also mandatory, considering that both of them were elected together with the same vision and mission. The role of the deputy regional head is important for the benefit of the people, namely in providing considerations, input and carrying out the duties of the regional head, as well as the need to immediately fill this vacancy and emphasize the need for legal clarity to immediately fill the position.
Perlindungan Hukum Terhadap Nasabah Prima Bank dalam Resiko Layanan Pick Up Service Lorensa, Shella Amilia; Badriyah , Siti Malikhatun
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.v6i2.1584

Abstract

Banks as financial service institutions have special customers, namely prime customers. Prime customers have a special service, namely pick up service. Implementing a pick up service can pose various risks. The risk that occurs in the pick-up service causes losses experienced by prime customers. This writing aims to find out, study and analyze legal protection for prime bank customers in the risk of pick up service. This legal research uses normative juridical methods. The results of the discussion show that legal protection can be provided to prime customers in the risk of pick-up service, namely preventively and repressively. Preventive legal protection can be provided through legislation to prevent risks occurring in pick-up services. Meanwhile, repressive legal protection can be provided by imposing administrative sanctions in the form of fines and providing additional sanctions to the Bank if it discharges its responsibility for losses experienced by customers from services provided by the Bank.
Penyelesaian Kredit dari Debitur Yang Meninggal Dunia Dengan Klaim Asuransi Jiwa Evanti Andriani, Dwi; Iskandar, Hardian
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.v6i2.1585

Abstract

Collateral and insurance agreements are usually included with credit agreements. Banks can use this insurance agreement to transfer risk, especially life insurance if the debtor dies. If the debtor dies before paying off the remaining credit, the credit can also fall to his heirs. The purpose of this article is to study the legal consequences of a Bank Credit Agreement if the Debtor Dies and the Insurance Party's responsibilities regarding the Bank Credit Agreement if the Debtor Dies. This normative research uses a statutory and conceptual approach. The research results show that if the debtor dies, the credit agreement law cancels the credit because of the life insurance or life insurance clause. In other words, the insurance company must be responsible for paying off the remaining debt of the deceased debtor in accordance with the terms and conditions stated in the policy. In conclusion, the parties must understand the contents of the credit agreement well so that they know how to pay the debtor's remaining debt if this risk occurs.

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