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Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
Journal Mail Official
editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
Location
Kota padang,
Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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
Kepastian Hukum Surat Kuasa Mutlak dalam Hal Tanah sebagai Objek Hak Tanggungan Wiramansyah, Fahrel Faadhilah; Saputra, Alfian Anugrah; Maulana, Hasbi Ilman; Murtadha, Afif Nafis
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.v6i2.1608

Abstract

Absolute power in the case of land objects was initially prohibited in accordance with the provisions of the Minister of Home Affairs Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights and Government Regulation Number 24 of 1997 concerning Land Registration. The use of absolute power can then be permitted in accordance with the provisions of the Letter of the Director General of Agrarian Affairs on behalf of the Minister of Home Affairs of the Republic of Indonesia Number 594/493/AGR dated 31 March 1982 and the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 10 of 2014 concerning the Revocation of Legislation Regarding Land. The purpose of this research is to explore the limits of absolute power that can or cannot be used in the case of land as an object of mortgage rights as an embodiment of legal certainty by referring toestablished rightwhile exploring the legal consequences. The type of legal research used is normative. The approach used in this research is statutory, conceptual and case regulations. The results of the research found that the limits of absolute power that can be used are inseparable from the main agreement which includes that all rights attached to the parties have been fulfilled. The grant of power cannot then be substituted. The legal consequences are attached to the agreement, namely that it can be canceled or null and void by law. Legal certainty regarding the use of absolute power has not yet been realized, because there are no explicit statutory regulations that regulate absolute power.
Aspek Hukum Perlindungan Konsumen Produk Obat-Obatan Berdasarkan Bpom (Kasus Obat Sirop Tercemar Ed/Deg) Zein, Syafira
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.v6i2.1609

Abstract

The Indonesian government is implementing regulations to improve public health services, focusing on providing, promoting, and implementing practical health care that is easy for the public to access and maintain. The first goal is to ensure that the public is treated as a consumer with all rights to receive treatment. However, technological advancements and economic development have led to increased demand for health services, particularly in the food sector. In recent years, there have been numerous cases involving children in various health care facilities. The Indonesian Food and Drug Authority (BPOM) has been tasked with ensuring that the food and nutrition services provided to the public are effective and safe. BPOM plays a crucial role in regulating the food and nutrition sector, providing necessary information and services to the public. The study aims to examine the role of BPOM in the food and nutrition sector, focusing on the legal aspects of consumer protection. The research uses a standardized research method to examine the legal norms and standards of food and nutrition products, focusing on the legal aspects of consumer protection. The study also examines the role of the government in implementing the food and nutrition sector in Indonesia. The findings will be used in a descriptive analysis to evaluate the effectiveness of the government's efforts in implementing the food and nutrition sector.
Penerapan Hukum Tilang Elektronik Dikota Medan Perspektif Fiqh Siyasah Z, M Yakub; 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.v6i2.1610

Abstract

The use of Tilang Elektronik is expected to be effective in achieving the goal of prosecuting traffic violations, even though there is an obstacle, namely that people in Indonesia do not understand the technical aspects. Based on the problems discussed in this journal, the formulation of the problems that will be raised from this research include: 1.) How is the Law Implemented Regarding Electronic Ticketing in Medan City? 2.) How is Fiqh Siayasah's review of electronic e-tickets? Meanwhile the research method used is an empirical research method which is influenced by the doctrine of legal sociology (sociology of law) and sociological legal science (sociological jurisprudence). Empirical research is carried out on research on facts that occur in the field, therefore researchers carry out data collection techniques. In order for the implementation of the electronic ticketing law to work, it is necessary to regulate the law with regulations issued by authorized officials, so that these regulations have a legal dimension that guarantees certainty that the law functions as a regulation that must be obeyed. Based on the description above regarding Siyasah syar'iyah, Electronic Ticketing is included in one of the laws and regulations that can guide humanity to benefit. In this case, these regulations were created to regulate and manage human life in protecting the safety of motorbike users who are used for the benefit of people who use transportation.
Kebijakan Ham Berdasarkan Peraturan Perundang-Undangan dalam Pemberian Remisi dan Pembebasan Bersyarat Kepada Koruptor Siahaan, Jhansen; Rinwigati, Patricia
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.v6i2.1611

Abstract

In the current period, human rights are highly respected, as can be seen from the strategy of enforcing human rights itself by guaranteeing human rights for convicts of criminal acts of corruption who have been imprisoned for a long or short time, therefore they must also pay attention to their human rights such as welfare while serving. detention period. This scientific journal research method uses a normative research type. Based on the results of the research analysis, remission and conditional release are a form of protection from the state for the human rights of convicts of criminal acts of corruption, with restrictions by the state on their freedom, such as conditional release which can be granted after serving a minimum of 2/3 of the criminal term and has served well. both during the period of detention, with a minimum sentence of nine months. Where the granting of remissions and parole is still given. There are several other rights, firstly, prisoners have the right to worship in accordance with their religion, secondly, prisoners have the right to receive treatment, thirdly, to receive health services, fourthly, to receive education, fifthly, the right to express their complaints. Sixth, get reading material, seventh, get wages for the work you have done. Eighth, the right to receive family visits. And prisoners have the right to obtain other rights in accordance with applicable legal regulations.
Eksistensi Justice Collaborator dalam Tindak Pidana Pembunuhan Berencana Berdasarkan Hukum Pidana di Indonesia Pontoh, James V. L.; Momuat, Yulia Vera; Worang, Geraldy J. G.
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.v6i2.1612

Abstract

Justice collaborators are seen as having a strategic role in bringing to light criminal incidents, but in their development justice collaborators still bring controversy. Justice collaborators themselves can be understood as perpetrator witnesses who work together to reveal the true facts in certain criminal acts. The aim of this research was to analyze the existence of justice collaborators in the Indonesian judiciary and to determine the form of legal certainty for justice collaborators in the crime of malice aforethought. This research was conducted using the normative juridical methodology, where the author used sources in the form of the 1945 Constitution of the Republic of Indonesia, laws, scientific journals, books, the Big Indonesian Dictionary, and other research results. The results of the research showed that the existence of justice collaborators in Indonesia must be proven judicially, and it is necessary to realize that the role of justice collaborators in a particular criminal case is very strategic, so that legal certainty for justice collaborators must be guaranteed by the state, considering their strategic role. so that the safety of the justice collaborator after testifying in court becomes vulnerable to terror from parties who are not in line with their role. Suggestions for the development of justice collaborators in Indonesia are that a view should be developed that the role of justice collaborators is very strategic in uncovering a criminal case and the regulation of justice collaborators should be included in a law that specifically regulates justice collaborators.
Efektivitas Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak Terhadap Anak Peserta Musabaqah Tilawatil Qur’an Ke-56 Tahun 2022 di Kabupaten Deli Serdang Riansyah Harahap, Rio Bayu; Akbar, Ali
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.v6i2.1613

Abstract

This article aims to find out whether Law No. 22 of 2002 is effective or not in protecting children whose parents force them to win MTQ activities. This research is empirical juridical research, using a legal sociology approach. Obtained using an interview data collection instrument with some of the parents of the 56th MTQ participants at the Deli Serdang Regency level in 2022, Caravan, Hamparan Perak District. The research results show that Law No. 23 of 2002 has not been effective in protecting children from being forced by their parents to win MTQ activities. There are still some parents of participants who require their children to win just for happiness and there are also parents who have other intentions, namely requiring their children to win to fulfill the needs of the prize. This is very contrary to the initial aim of holding MTQ and Law No. 23 of 2002 is not effective enough to address the problem of child protection for MTQ participants.
Akibat Hukum Terjadinya Subrogasi Objek Waris dalam Sengketa Waris Perdata Prayogo, Radius; 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.v6i2.1615

Abstract

Indonesian civil code generally regulates inheritance rights between blood relatives which in fact aanvullen recht (openness). Openness here means that they are not required to follow what has been regulated or in other words each and every heir is entitled to the inheritance as long as they are tolerant to the results of the distribution portion and they are contend with it. However, the problem arises when there is one or more heirs who start a dispute which ultimately resulted and processed in court. Even more so complicated when the inheritance object had previously been mortgaged to the Bank. The form of debt repayment that occurred on the collateral could significantly affect the inheritance, especially when subrogation happened. The legal consequences focus on whoever holds the subrogative rights and as such gets preferential rights in the distribution of the inheritance.
Revolusi Digital dalam Peradilan Agama: Membuka Jalan bagi Keadilan yang Lebih Inklusif di Indonesia Mahfuzh Faza, Amrar; Lubis, Mukhlis
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.v6i2.1616

Abstract

This research explores the transformation in Indonesia's religious courts triggered by the current development of digital technology. A particular focus is given to how digitization affects efficiency and access to justice, particularly in remote areas. Despite improvements in the application of technology, there remains a knowledge gap regarding the social impact and inclusiveness of digitization in religious justice practice. The methodology used was qualitative with an analytical descriptive approach focusing on the study of relevant literature to gain a comprehensive understanding. The results showed that digitization has improved the efficiency of the judicial process and facilitated effective and efficient access to legal information, however there are significant infrastructure and digital literacy challenges. The findings highlight that while digitization provides benefits in accelerating case handling, gaps in digital access and literacy are major barriers to its implementation. The implication is that there is a need for improved digital infrastructure and literacy, as well as training for stakeholders to effectively integrate digital technology in the religious justice system in Indonesia.
Pelembagaan Hukum Islam di Sumatera Timur: Tinjauan Historis Nasution, Jumanah; Fuad, Zainul
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.v6i2.1617

Abstract

The institutionalization of Islamic law has long roots in the life history and collective memory of the Indonesian Muslim community; Reflected in various proverbs such as "Adat is coded syarak, syarak is coded Kitabullah" in Minangkabau and "Hukom ngon adat lagee alat ngon sifeut" in Aceh. Throughout the sultanates in Arkhabil, including North Sumatra, this institution grew during the era of the Islamic sultanates. In that period, fiqh literature became a source of reference for developing law, and the jurists occupied a central position at court in society as the intellectual elite. Simultaneously with the entrenchment of the colonial grip, Islamic law and its judiciary experienced decline and stunting until in the end they only handled matters of marriage, divorce and reconciliation with quasi authority. The Muslim community's long efforts to revitalize the enforcement of Islamic law found its momentum again in the Proclamation and was outlined in the Jakarta charter. Even though it was later deleted, it was considered implicit in Pancasila and the 1945 Constitution, which was reaffirmed through the Presidential Decree of 5 July. implementation of Islamic law for Muslims in the Republic of Indonesia and every sound request in that direction is legal. With his long experience of protecting various sects, races, ethnicities and religions in a wide geography from Morocco to Merauke, for at least 13 periods, the discourse of fiqh in its broadest meaning is expected to be able to contribute to modern life in building peace in pluralism.
Mekanisme Hukum : Perdagangan Karbon Melalui Bursa Karbon di Indonesia Valiant, Valiant Alfarizy; Mariyatul Ulfa, Sayyidah; Liyadi, Syerra S.; Farahiya, Zhafira; Ludiasa, Rohmad
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.v6i2.1618

Abstract

Indonesia shows its commitment to the Paris Agreement held in 2016 on climate change. One of the implementations of this agreement, Indonesia has implemented carbon trading which carbon trading is one part of the mitigation to slow down climate change as well as realizing the target together with participating countries of 2 - 1.5 Celsius or with a percentage of 29% and 41% in 2030 and net zero emissions by 2060. Scientific research uses legal research methods, relying on the analysis of rules, norms, jurisprudence, and jurisprudential opinions. Moving on from the mandate of Law 14/2023 concerning the Development and Strengthening of the Financial Sector, OJK issued POJK Number 14 of 2023 concerning Carbon Trading through the Carbon Exchange. The POJK contains procedures for carbon trading through the carbon exchange, as well as regulation, licensing, supervision, and development of carbon trading through the carbon exchange.

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