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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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Akad Nikah Daring (Studi Kasus Akad Nikah Shaffira Gayatri dan Max Walden) Karyono, Quoies Hassan
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.v6i2.1619

Abstract

This research aims to examine the phenomenon of online marriage contracts from two main perspectives: Islamic law and a phenomenological approach. Fundamental questions arise along with these developments. What is the practice of carrying out online marriages and what is the view of Islamic law regarding the validity of marriage contracts carried out online. This research will explore this problem by using a phenomenological approach to understand the social and normative impacts of online marriage contract practices. In addition, this research will also involve an analysis of Islamic legal views related to this practice, considering the importance of marriage in the teachings of the Islamic religion. The case study of Fira and Max Walden's marriage illustrates how technology has facilitated long-distance relationships and allowed couples to overcome geographic barriers. However, it is important to remember that the implementation of an online marriage contract must comply with the legal requirements stipulated in Islamic law, such as ittihād al-majelis, lafadz yang sharih, and ittisāl, as stipulated in the MUI fatwa. Thus, this practice can be recognized as valid in the view of Islamic law if it meets the stipulated conditions.
Analisis Ketidaksesuaian Batas Usia Dewasa dan Konflik Normatif Antara Hukum Pidana Materiil dan Hukum Perdata di Indonesia (Studi Putusan Kasasi Nomor 897 K/PID/2019) Manggin, Manggin; Khutub, Muhammad
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.v6i2.1620

Abstract

Determining the age limit for adulthood is a critical factor in determining the validity of legal actions, reflecting an individual's skills in carrying out legal actions. This article investigates legal proficiency regulations in Indonesia, highlighting the ambiguity in the assessment of adulthood that creates dilemmas, especially in Article 332 Paragraph (1) of the Criminal Code. As a case study, the analysis was carried out on the Rusly Yaprin Kalo case, which had an impact on the complexity of the concept of adulthood and differences in interpretation between criminal and civil law. This research applies a normative and qualitative juridical approach, exploring various regulations governing the age limit of adulthood in Indonesia and producing an in-depth understanding of potential conflicts between criminal and civil law. The results highlight discrepancies in adult age limits that may impact law enforcement and speak to the need for harmonization of relevant laws.
Perlindungan Hukum Terhadap Tidak Terpenuhinya Hak Anak Akibat Perceraian dari Perkawinan Campuran (Studi Putusan Pengadilan Nomor: 502/PDT.G/2018/PN.JKT.PST) Arfan, Vina Raudhathul; Aminah, Aminah
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1621

Abstract

Mixed marriages are marriages between men and women who have different citizenship and rule of law and one of them is an Indonesian citizen as regulated in Article 57 of Law Number 16 of 2019 Amendments to Law Number 1 of 1974 about Marriage. Children's rights are part of human rights. However, it becomes a polemic if it turns out that the court decision cannot provide legal protection for children's rights. Focus of this research is 1. How is legal protection the children's rights due divorce from a mixed marriage? 2. How is the solutions of legal protection of children's rights due to divorce from mixed marriages?. The research method used is descriptive analytical with a normative juridical approach. The results of this research is that it can be concluded that the obligations and responsibilities of parents to children are not interrupted even though the parents already divorce. With the divorce from mixed marriages, the children’s rights must be protected according to the legal regulations in force in the country of origin from both parents. To protect children’s rights in divorce from mixed marriages, the solution is that the nation make a new laws and regulations regarding legal protection of children’s rights from mixed marriages.
Kewarisan Anak Hasil Sewa Rahim di Indonesia Ditinjau dari Aspek Nasab Ulum, Mukhamad Bahrul
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.v6i2.1622

Abstract

The purpose of this research is to know the inheritance of children from uterine leasing in Indonesia from the perspective of nasab. The method used in this research is normative juridical method. The data used is secondary data in the form of law books, scientific journals, and laws and regulations related to the topic of discussion. This research is descriptive analytical. This research uses the Ta'lily approach. While the theory used is the theory of inheritance (nasab). The results of the study indicate that the civil relationship is owned by the child from the results of renting a uterus with a surrogate mother. So, those who can inherit each other are the child and the surrogate mother, if the surrogate mother is bound by a legal marriage, her husband also has a link to the inheritance of the child she gave birth to. If the husband and wife who gave the fetus want to inherit the child from uterine leasing, it is necessary to use inheritance or a will with testamentair.
Keabsahan Penguasaan Tanah Timbul Perspektif Hukum Pertanahan Indonesia Oktavia , Vanessia; Herning Sitabuana, Tundjung
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.v6i2.1623

Abstract

Land reclamation has become a significant issue in Agrarian Law, mainly due to its utilization by the local community, which constitutes an error and leads to the unclear ownership and control of reclaimed land. This is because reclaimed land is directly controlled by the state. The purpose of this research is to examine the Validity of Reclaimed Land Ownership from the Perspective of Indonesian Land Law. The research method employed is a juridical-normative approach with a descriptive research specification. The data types include secondary data, and the data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique utilized is literature review, and the data analysis technique is qualitative. Essentially, ownership and control rights over reclaimed land are rights held by the state. For individuals or communities seeking to control reclaimed land, obtaining prior permission from the government is required, typically by submitting a land rights application to the Land Office with jurisdiction over the location of the land in question.
Kepastian Hukum Terhadap Sertifikat Elektronik Hak Milik Atas Tanah Afif, Yuzi; Afif Mahfud, Muhammad
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.v6i2.1624

Abstract

This study examines the juridical analysis of the legal force of property rights certificates based on the Minister of Agrarian Affairs/Head of BPN no. 1 of 2021. The research method used is normative juridical study, namely research studies based on legal sources such as laws and regulations, and expert opinion to research studies related to the title chosen by the researcher. The result of this research is that the transformation of technological advances has shifted the land registration system from paper-based to electronic. One of them is the issuance of electronic certificates contained in the ATR/Head of BPN Ministerial Regulation Number 1 of 2021. This electronic certificate refers to the legal source, namely the Electronic Information and Transaction Law and the Job Creation Law, which is not a problem because it only regulates electronic certificates.
Perlindungan Hukum terhadap Hak Pasien dalam Pelayanan Kesehatan di Kota Batu Maradona, Maradona; Silviana Damayanti
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.v6i2.1627

Abstract

This study aims to analyze the role of Standard Operating Procedures (SOPs) in protecting the rights of patients at Puskesmas Batu. The research methodology employed is normative law, utilizing legislative and conceptual approaches. Through document analysis and examination of related regulations, this study investigates how SOPs at Puskesmas Batu are designed and implemented to ensure the safeguarding of patient rights, including the right to information, privacy, and access to safe, quality healthcare services. The findings indicate that, although the SOPs at Puskesmas Batu are designed in accordance with national standards, challenges persist in their implementation, notably resource limitations and personnel training. This research provides recommendations for enhancing the SOPs and practices at Puskesmas Batu to optimize patient rights protection.
Prosedur Pendaftaran Tanah Adat Secara Sporadik dan Perlindungan Hukum Pemilik Tanah Beritikad Baik Cornelia, Anita; Dewi Saraswati, Mutiara; Falyafil, Zakaria; Husein, Kamal
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.v6i2.1628

Abstract

The implementation of land registration for the first time contained various problems, refer to State Administrative Court Decision Number 81/G/2012/PTUN-MDN jo. Decision of the High State Administrative Court Number 73/B/2013/PT.TUN-MDN jo. Supreme Court Decision Number 457K/TUN/2013 in conjunction with Supreme Court Decision Number 77 PK/TUN/2015, where the land belonging to Che'Dah is traditional Grant land used by Mario Lumban Tobing and sold to Christian Radjagukguk with the approval of Che'Dah, Christian Radjagukguk sold the house building to Saminah Br. Tampubalon, but the land has been issued a certificate of ownership rights number 327, Sukaraja sub-district by Datuk Syarial who obtained through conversion the recognition of rights and Datuk Syarial is the heir of the late Datuk Kamal. This research will find the answers to a problem, the type of research used is normative juridical which refers to laws and regulations that are passed and in force in Indonesia. The conclusion of this research is that the issuance of KTUN in the form of SHM Number 327/Sukaraja in the name of Datuk Syahrial is not in accordance with land registration procedures for the first time as stated in Article 12 paragraph (1) of GR Number 24 of 1997 and violates the GCG because it has harmed Norma Tampubalon as controller of the land acted in good faith. Ownership of land in good faith for 20 consecutive years is entitled to legal protection for sporadic land registration by unauthorized parties in the form of cancellation of SHM Number 327/Sukaraja. Cancellation of KTUN in the form of SHM can be done in 3 ways, namely requesting cancellation from the Minister of ATR/BPN through the Land Office, filing a lawsuit at the State Administrative Court (PTUN), or filing a lawsuit at the district court on the basis of an unlawful act.
Pertanggungjawaban Direksi Perseroan Terbatas Terhadap Kebijakan Bisnis yang Menguntungkan di Luar Maksud dan Tujuan Perseroan Terbatas Aryuanda, Alifrian Fajri
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.v6i2.1629

Abstract

A Limited Liability Company is a legal entity whose capital consists of shares, and the liability of its shareholders is limited according to the number of shares they own. Limited Liability Company has organs with specific functions and authorities. The Board of Directors of a Limited Liability Company is one of these organs, responsible for managing the company with good faith and full responsibility. This journal discusses the implementation of policies or decisions by directors that benefit the Limited Liability Company but are beyond its intended purpose, aiming to educate the public and business practitioners about the application of directorial policies or decisions in line with the objectives of the Limited Liability Company.
Pertanggungjawaban Direksi Atas Tindak Pidana Korporasi Pardamean, Michael Christoper
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.v6i2.1630

Abstract

Companies are legal entities (rechtspersoon) which are legal subjects other than humans. Just like humans, companies can also be subject to rights and obligations, and like humans too, companies can be held accountable if they are proven to have made mistakes and caused losses, including liability for criminal acts. The company in its business activities certainly does not operate alone. There is a management who becomes the "captain" for the company to carry out its business activities. One of the managements is the Board of Directors. The author tries to discuss the meaning of corporate crime, the responsibility of the directors in the Limited Liability Company Law for an action in running the company and, after that, the author will discuss the responsibility of the directors for a criminal act committed by the company, commonly referred to as a corporate crime.

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