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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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Tinjauan Yuridis Terhadap Pelaku Usaha Penjualan Kosmetik Ilegal Di Indonesia (Putusan Nomor : 1743/Pid.Sus/2021/Pn Mdn) Hot Prinauli Purba, Iin; Ompusunggu, Milka; Walace Manullang, William; Mark Manullang, Michael
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.v6i2.1654

Abstract

Cosmetics have become one of the business fields that provide hope for business actors, from cosmetics that have a distribution permit from the government to cosmetic products that are ilegal or do not have a distribution permit. This is due to weak supervision in the field of standardizing the quality of goods and regulatory products, which has the impact that many cosmetic products distributed on the market are not registered standards and do not meet quality standards and also have distribution permits from the Food and Monitoring Agency (BPOM). This type of research is carried out using normative juridical legal research methods or is often called document study or library research. This research provides useful input and adds knowledge and insight into the world of cosmetics, especially regarding matters related to the criminal act of selling cosmetics and ilegal pharmaceutical preparations. Apart from that, it is also a material for deeper study in order to create scientific concepts that can provide input in the development of law enforcement against ilegal cosmetics sales businesses in Indonesia.
Analisis Yuridis Terhadap Pengalihan Aset Ruko Atas Pembina Yayasan Medica Dengan Cara Jual Beli ( Studi Putusan Nomor : 21/Pid.B/2021/Pn.Bnj) Jitro Sembiring, Ronan; Rizki
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.v6i2.1655

Abstract

In Indonesia, foundations are regulated by law number 28 of 2004. In this regulation, it is clearly stated that foundations have their own assets and rights, which are not owned by their management. Prior to the existence of the law on foundations, the existence of foundation assets often caused controversy because sometimes foundations, which should aim for the benefit of society, were misused to commit illegal acts. In some cases, land and assets of foundations are even traded illegally, which of course violates the law and the property rights of the foundations itself. The research conducted in this study is normative research, where law is the basic reference in research. In terms of the problem in this study, the transferred foundation assets, namely a shophouse located on Jalan Veteran, Binjai District, Binjai City. The assets belong to the Medica Foundation but are in the name of Dr.Reinhard Silalahi, who in this case is the Trustee of the Foundation and the Defendant in the case in Decision No. 21/Pid.B/2021/Pn.Bnj. Based on the provisions of the Article 28 In the law on Foundation, Trustee are organs of the Foundation which have authority that is not granted to management or the supervisors by this law or the articles of association. In the verdict of the panel of judges, they argued that where was no act of fraud commited by the defendant, such as using a false name, false dignity, deception, and a series of lies. However, this act is considered as an unlawful act in the civil realm.
Hak Pengelolaan Lahan dalam Pembangunan Kawasan Investasi Pulau Rempang Ditinjau dari Hukum Positif Indonesia Naufal Rahman, Afkaar; Tjoneng, Arman
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.v6i2.1656

Abstract

The development of the Rempang Eco-City Investment Area is included in the National Strategic Project in 2023. In developing the investment area, the Government authorizes the Batam Free Trade and Free Port Area Concession Agency, hereinafter referred to as BP Batam, in the form of Management Rights (HPL). However, the authority is difficult to understand its legal position by various circles of society. The purpose of this study is to analyze the legal legality of land management and recognition of the existence of indigenous peoples as well as the protection of rights to communities affected by land vacancies for investment purposes on Rempang Island, Batam. The research method in this paper uses a normative juridical method with statutory approach and conceptual approach. The result of this research is that BP Batam does not have a strong basis as the holder of management rights to vacate the land currently occupied by the people of Rempang Island Batam. This is because BP Batam has not yet obtained the certificates for the management rights of Rempang Island and there is no legal basis related to the compensation budget either in the form of compensation or other programs. In addition, there is no clear recognition of the existence of indigenous peoples around Rempang Island. The efforts to protect the rights of people affected by land vacancies for investment purposes on Rempang Island Batam can be done by preventive efforts, repressive efforts and judicial efforts.
Kewajiban Pembayaran Royalti atas Cover Lagu Perspektif Fatwa DSN Nomor 1 Tahun 2003 Tentang Hak Cipta (Studi Kasus YouTuber di Kota Medan) Husna, Shofia; Permata, Cahaya
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.v6i2.1657

Abstract

A song cover is the activity of repeatedly singing another person's song and then releasing it as a new recording. YouTube monetization means that many people often cover other people's songs to increase viewers and subscribers, so many people cover other people's songs to get monetization or income from YouTube. The purpose of this research is to find out the reasons why YouTubers in the city of Medan cover songs, to find out the law on royalty payments for the act of covering songs based on DSN Fatwa Number 1 of 2003 concerning Copyright, and the implementation of regulations on the obligation to pay royalties for song covers on YouTube media by YouTubers in Medan city. The research method used is empirical juridical research using a statutory approach and case studies. This research is a descriptive analysis. Data was collected through observation, interviews, and document study. The results of this research show that the reasons why YouTubers in the city of Medan cover songs are varied, namely for commercial and non-commercial purposes. The obligation to pay royalties for song covers is based on DSN Fatwa No. 1 of 2003 concerning Copyright, it is said to be a violation if you perform, reproduce, record, distribute, or publish a song belonging to another person, especially for commercial purposes. However, if it does not have a commercial purpose and you have asked permission first from the copyright holder and include the name of the original owner, then the cover of the song is permitted and you are not required to pay royalties.
Investigasi Terkait: Relevansi dan Validitas Rekaman sebagai Alat Pembuktian dalam Penanganan Tindak Pidana Korupsi di Indonesia Nurhadi, Bayu
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.v6i2.1658

Abstract

This research discusses the relevance and validity of recorded evidence as a means of proof in handling criminal acts of corruption in Indonesia. Through in-depth analysis, this research evaluates the role of recorded evidence in the judicial process, focusing on aspects of suitability, validity, and related challenges. Based on the results of the discussion, recorded evidence was proven to have significant relevance in enforcing corruption laws, providing clarity, transparency and reliability in revealing the facts that occurred. However, the validity of recorded evidence is highly dependent on its authenticity, reliability and compliance with applicable legal procedures. Challenges such as authentication, recording quality, and understanding legal rules are important factors that need to be overcome to ensure the effective and admissible use of recorded evidence in court. Therefore, this research concludes that the use of recorded evidence can strengthen corruption law enforcement in Indonesia, but careful steps are needed to ensure the validity and validity of this evidence.
Implementasi Hukum Tidak Menghadiri Undangan Walimah dengan Sengaja ditinjau dari Mazhab Syafi’i (Studi Kasus Desa Kebun Sayur Batu Bara) Nurul Hidayah, Erika; Wanto, Sugeng
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.v6i2.1659

Abstract

This research aims to find out the Islamic law that lives in society and the community's response to Islamic law in the Batu Bara Sayur Garden Village. The method used in this research is field research which is used to collect information through interviews with a number of elements of society and through field observations. According to the Shafi'i School, everyone who is invited is obliged to attend the invitation, but the invitation will be void if there is an excuse. However, in the village of Batu Bara Vegetable Gardens, attending a walimah's invitation is considered a normal thing, when they are invited they don't seem to care and don't give a clear reason why they don't attend the walimah's invitation. When attending a walimah invitation, you also need to look at the terms and criteria regarding whether or not the walimah is required to attend. The results of this research show that the implementation of the law of not attending a walimah's invitation intentionally is a sinful act, because according to the Syafi'i School of Law, attending a Walimah's invitation is fardhu 'ain, and this is not practiced and implemented properly by the Batu Bara Vegetable Garden Village Community.
Implementasi Aturan Terkait Pembukaan Rekening Nasabah (Studi Kasus PT Bank Central Asia Tbk) Lesmana Lubis, Rendy; Machmud, Aris
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.v6i2.1660

Abstract

Opening a savings account, a common practice in modern society, is subject to specific bank requirements, including the criterion of adulthood regulated by Indonesian law. This juridical research navigates challenges such as legal disparities and regulatory changes related to the criteria for opening savings accounts. Ethical considerations and consumer protection play a pivotal role in determining adulthood criteria, contributing to a nuanced understanding of the legal aspects of banking transactions. The study provides insights for banks to adapt account opening policies to Indonesia's evolving legal landscape. Despite technological advancements in the banking sector, compliance with account opening requirements remains crucial. The study sheds light on legal aspects, particularly digital identification and identity verification in the context of savings account opening. Legal frameworks such as Law No. 19 of 2016 and Bank Indonesia's regulations underpin the review of savings account opening requirements, addressing consumer protection and banking transaction security. Relevant to the banking industry's current technological landscape, this research aids regulatory compliance and fosters consumer trust in digital banking services. The study offers insights into how technology shapes savings account opening requirements, providing a foundation for enhancing banking policies in the digital era.
Analisis Pergeseran Budaya Kawin Tangkap Terhadap Perempuan Dalam Pemikiran Legal Feminist Di Kabupaten Sumba Tengah Fortuna Umbu Laiya, Andraviani; Kopong Medan, Karolus; Sinurat, Aksi
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.v6i3.1661

Abstract

The culture of capture marriage in Central Sumba Regency has experienced a shift in cultural values that has resulted in violence against women, triggering debates between customary law and Indonesian positive law. This study aims to describe the essence of the culture of catch marriage for women in Central Sumba Regency and its compatibility with Positive Law and to elaborate on the shift in the culture of catch marriage for women in Central Sumba Regency in Legal Feminist thinking. The research method used is empirical legal research which obtains data from primary data or data obtained directly from the community and library legal sources. The results of the study show that the practice of catch marriage is no longer in line with the principles of the Indonesian State which ratified the Human Rights Law, because this practice indicates various oppression against women specifically in the process of arrest and detention. Using feminist legal theory, from the legal text analysis approach, it is found that the weaknesses of customary law in Central Sumba are patriarchal and communal, while the legal text of the Sexual Violence Crime Law has weaknesses in the unavailability of implementing regulations and there is a legal vacuum in the local government of Central Sumba Regency regarding arrest marriages. In the approach to legal application, cases of capture marriage are dominantly resolved by custom, due to family relations and the attachment of capture marriage to the culture of the indigenous people of Central Sumba. The novelty in this research is to describe the essence of culture and the reality of a shift in the culture of capture marriage in Central Sumba Regency, which is analyzed through a legal feminist theory approach to its handling. This research is only limited to the culture of capture marriage that occurs in Central Sumba Regency in a feminist legal approach.
Pandangan Masyarakat Kecamatan Pantai Labu Terhadap Harta Bersama Sebagai Harta Warisan Perspektif Kompilasi Hukum Islam Rinaldi, Fiqih; Radwan Siddik Turnip, Ibnu
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.v6i2.1662

Abstract

Talking about joint property in Indonesia and its relation to inheritance, it cannot be separated from reviewing the Compilation of Islamic Law, especially Article 96 paragraph (1) which emphasizes that in the event of a divorce, half of the joint property becomes the right of the spouse who lives longer. This study wants to know the views of the people of Pantai Labu District towards common property as heritage property which seems still not uniform when viewed from the perspective of the Compilation of Islamic Law. This research is an empirical legal research, using qualitative methods. Data collection techniques by observation and interviews with a number of informants from 5 (five) villages in Pantai Labu District. The results showed that the Compilation of Islamic Law, which had been formed in 1991, was still not fully implemented by the Muslim community in Pantai Labu, this can be seen by the difference in understanding in seeing the rules regarding joint property, half of which are the rights of the spouse left behind, in addition to the rights that have been determined in the inheritance law. There are two (2) people's understanding of common property, one understanding ignores the rules in Article 96 paragraph (1) of the Compilation of Islamic Law, on the other hand there is an understanding in accordance with these rules. In addition, it is also known the desire of some people who choose rules that benefit their position in heirs, and in terms of their control over inheritance.
Criminal Act of Severe Assault by PS Towards M Reviewed Under Law Number 13 of 2006 jo Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims Blaviando, Edo; Christianto, Hwian; Siwu, Sonya Claudia
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.v6i3.1663

Abstract

This research aims to analyze the Criminal Act of Severe Assault by PS towards M based on Law Number 13 of 2006 jo Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. The research method used is a juridical normative legal research type with a statute and conceptual approach. The primary data source is primary legal materials such as the Criminal Code and the Law on the Protection of Witnesses and Victims. The results of the research indicate the urgency of protecting witnesses and victims of criminal acts in criminal law as an effort to uphold human rights. Protection for victims of severe assault crimes needs to be strengthened through clear and effective regulations to provide a sense of security and justice for the victims. In conclusion, the protection of witnesses and victims of criminal acts is an integral part of the criminal justice system aimed at providing justice, preventing threats, and ensuring the fulfillment of victims' rights. Further efforts are needed to strengthen the protection of victims of criminal acts, including severe assault crimes, in accordance with legal principles and human rights.

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