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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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Aspek Hukum Perlindungan Konsumen Terhadap Air Mineral Merek Arsi di Sibolga Surbakti, Anton Diary Steward; Natasya, Natasya
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.v6i3.1808

Abstract

This research aims to determine the legal aspects of consumer protection for ARSI brand mineral water in Sibolga. The need for clean water is currently increasing while clean water sources are decreasing and for this reason there are AMDK (Bottled Drinking Water) companies that are suitable for consumption by the public. This AMDK company has consumer protection regulated in Law No. 8 of 1999 concerning Consumer Protetion. This research uses normative legal research methods with a statutory approach. The research results concluded that all AMDK companies including ARSI as business actors must fulfil the requirements of applicable laws and regulations as a form of consumer protection.
Hati-hati, Ini Konsekuensi Hukum Jika Tugas Akhir Dikerjakan Orang Lain Lubis, Muhammad Ridwan
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.v6i3.1809

Abstract

The phenomenon of thesis jockeying has become a subject of intense scrutiny due to the confluence of several complex factors: an educational culture that places a high premium on final results, the mental attitudes of students, and the absence of robust regulatory frameworks. In certain cities, the mushrooming of thesis writing services has posed a significant challenge to the very existence of universities. This practice has been denounced as immoral and a form of intellectual fraud. The objective of this research is twofold: to investigate the criminal law implications of final assignments in higher education and to evaluate the criminal law policies pertaining to thesis writing services in the context of future developments. This study employed a normative legal method for analysis, which entailed an in-depth review of relevant laws and regulations, as well as an examination of the underlying legal principles. The findings revealed two primary conclusions. First, while the criminal law aspect of final project writing services may be deemed unethical, they cannot be charged with fraud as defined in the Criminal Code of Ukraine. This is due to the fact that the elements of fraud, as defined under this legal framework, were not met. The principle of legality in criminal law, as articulated in Article 1 of the Criminal Code of Ukraine, requires that a person be punished only in the presence of a clear legal basis. While the act of providing final project writing services may be considered reprehensible, it does not constitute criminal conduct, and as a result, no criminal sanctions can be applied. Secondly, criminal law policy must aim to prevent crime. Criminal sanctions represent one of the instruments employed in this effort.
The Existence Of The Role Of Bhabinkantibmas In Implementing Restorative Justice To Improve Social Justice In The Serang City Community Zaenudin
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.v6i3.1810

Abstract

The Police through Article 2 of Law Number 2 of 2002 concerning the Police has the function of state government in maintaining public security and order, law enforcement, protection, protection, and service to the community. By the responsibility and function to carry out this task, the police place one police personnel in each village under the command of the Directorate of Community Development abbreviated as BINMAS, namely Bhabinkamtibas personnel. This study aims to discuss the role of Bhabinkamtibmas in Serang City in implementing restorative justice to improve social justice in the community in participating in security efforts. This research method uses descriptive literature studies, and the type of research used is qualitative juridical. In addition, using the type of normative legal research carried out based on legal principles, hierarchy and legal nature, the nature of analytical descriptive research. The results of this study regarding the existence of the role of Bhabinkamtibmas in implementing Restorative Justice to improve social justice in the people of Serang City include: 1) The role of Bhabinkamtibmas in implementing Restorative Justice has great potential in improving social justice in the Serang City community. This approach allows for more focused handling of cases on recovery, reconciliation, and problem-solving rather than harsh punishments; 2) Community awareness and active participation in Restorative Justice approaches are essential factors in achieving social justice. The community needs to understand the benefits and principles of Restorative Justice and support the efforts of (Bhabinkamtibmas; 3) The application of restorative justice requires a holistic approach in conflict management, case resolution, and crime prevention. Cooperation with social, educational, and health institutions can strengthen the effectiveness of this approach
Dampak Kekeliruan dalam Pemilihan Kode KBLI pada Akta Pendirian PT Bagi Notaris dan Pelaku Usaha Sarungu, Gabriella Tiku; Disriani Latifah Sorindah
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.v6i3.1812

Abstract

Business activities in various fields of business are now increasing from national to international scale, especially those related to the establishment of a legal entity, namely a Limited Liability Company (PT). These activities are inseparable from the need for the necessary authentic deeds. One of the authentic deeds that continues to be needed in the community is a deed of establishment of a legal entity in the form of a PT. In making the deed of establishment of PT, there are things that need to be considered, especially regarding the use of the Indonesian Standard Business Field Classification (KBLI) code which is single purpose. If there is an error in the use of the 2020 KBLI code, it will have an impact on the processing of licenses for business actors. Specifically, the purpose of this research is to find out and further understand the consequences of errors in the selection of the 2020 KBLI code on the deed of establishment of a PT. This research is conducted using the doctrinal research method, namely research based on applicable laws and regulations. This research produces two sides of the consequences, namely the consequences experienced by Notary and the consequences experienced by Business Actors. The consequences experienced by the Notary for errors in the application of the KBLI code are authentic deeds that can be degraded or reduced to underhand deeds and the Notary can be held civilly liable if proven guilty. Meanwhile, the consequences experienced by business actors are losses in terms of material and business activities that want to run are not running because they do not get permission from the relevant agencies for the use of several types of KBLI codes that are single purpose in one entity.
Ex Aequo Et Bono and the Quest for Arbiter Independence in Deciding a Case Herdi Hadylaya, Michael
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.v6i3.1814

Abstract

Arbitration is a dynamic practice that can be developed from many perspectives. One of the issues to consider is the implementation of ex aequo et bono by arbitrators, which many parties see as requiring prior approval from the parties so that arbitrators can make decisions based on ex aequo et bono. This study concludes that the arbitrator's authority to decide ex aequo et bono is not derived from the parties' agreement but rather from the arbitrator's inherent authority. First, because this principle is consistent with the spirit of arbitration, the Arbitrator has the authority to decide ex aequo et bono. Second, the Law on Judicial Power imposes an obligation to investigate, adhere to, and comprehend legal values and the sense of justice in society. Third, no provision in the Arbitration Law requires the parties to agree in advance on the grant of ex aequo et bono. As a result, the current arbitration practice does not violate the Arbitration Law as long as some parties request an ex aequo et bono award in their petitum.
Batasan Tanggung Jawab Notaris dalam Mengonstatir Dokumen Pelengkap Akta Berupa Surat Kuasa yang Ditandatangani Secara Elektronik (Studi Kasus Notaris X di Jakarta Selatan) Kirana, Bima Shazi Rajendra; Mohamad Fajri Mekka Putra
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.v6i3.1816

Abstract

In the practice of technology-based startup companies (start-ups), electronic signatures are often used, including in making power of attorney as a complementary document in making a deed, this does not rule out the possibility of human error in affixing an electronic signature, which can cause losses for the signatory. real hands. This research aims to determine the validity of the complementary document in the form of a power of attorney signed electronically by someone other than the account owner and the limits of the notary's responsibilities as a position that maintains the complementary document for the deed in the form of a power of attorney signed electronically. The doctrinal method with a case approach experienced by Notary X in South Jakarta was applied in this research. From the research results, it can be concluded that a power of attorney signed electronically by someone other than the electronic signature platform account holder is invalid, then the notary is only responsible for formal, not material, truth, so the notary is not responsible for the truth of an electronic signature made by Apart from the electronic signature platform account owner, there are tips from the resource person that can be put into practice in dealing with cases regarding electronic signatures.
Perlindungan Hukum Hak Kekayaan Intelektual Bagi Produk Kreatif UMKM di Jawa Timur Bayani, Kania Nurul; Santoso, Budi
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.v6i3.1818

Abstract

This research aims to analyze the legal protection provided to creative products of Micro, Small, and Medium Enterprises (MSMEs) in East Java in the context of intellectual property rights (IPR). With rapid economic growth, MSMEs have become one of the main pillars driving regional economic growth. However, the challenges faced by MSMEs lie in protecting their creative products from piracy and violations of intellectual property rights. Through a qualitative approach, this study will analyze the legal framework governing IPR for MSMEs in East Java, including relevant laws, regulations, and government policies. The research will also identify the challenges and obstacles faced by MSMEs in obtaining IPR protection, as well as efforts made by the government and related institutions to increase awareness of the importance of IPR protection for MSMEs. The findings of this research are expected to provide a better understanding of IPR protection for MSMEs in East Java and offer policy recommendations to enhance the effectiveness of IPR protection and support the growth and development of MSMEs in the region.
Implementasi Pemberian Royalti bagi Pemegang Hak Cipta Terkait Pendistribusian Musik Melalui Platform SoundOn pada Aplikasi TikTok Salsabila, Nisrina Zulfa; Roisah, Kholis
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.v6i3.1819

Abstract

Distribution of music through digital platforms, such as SoundOn on TikTok, has become a dominant phenomenon in the modern music industry. However, the implementation of royalty distribution to copyright holders has become a significant concern in this context. This research employs a normative research approach to analyze the legal foundations, policies, and practices related to royalty distribution to copyright holders in the distribution of music through the SoundOn platform on TikTok. Evaluation of royalty implementation is conducted by considering transparency, oversight, reporting, and fairness in royalty distribution. Recommendations are provided for improvements, including enhancing transparency, developing algorithms, and consulting with copyright holders. Thus, this study offers valuable insights to improve the practices of fair and sustainable royalty distribution in the digital music industry.
Pengelolaan Royalti Hak Cipta Lagu dan Musik : Studi Kasus Pada Bisnis Karaoke Handoko, Windy Fariskya; Roisah, Kholis
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.v6i3.1820

Abstract

Managing song and music copyright royalties is a crucial aspect in the entertainment industry, especially in the context of the increasingly growing karaoke business. This study aims to investigate song and music copyright royalty management practices in the karaoke business, with a focus on implementation and compliance with applicable copyright regulations. Through a case study approach, we analyze the strategies, policies and procedures implemented by karaoke businesses in managing royalties, as well as their impact on relations with copyright holders and the sustainability of the industry. Data was collected through in-depth interviews with karaoke business owners, copyright holders and other related parties. Our findings illustrate the challenges and opportunities faced by karaoke businesses in complying with copyright regulations, while also identifying best practices in royalty management that can improve the balance between the interests of businesses and copyright holders. The practical and theoretical implications of these findings are discussed, along with recommendations for further improvement and development in the management of song and music copyright royalties in the context of the karaoke business. It is hoped that this research will provide valuable insights for stakeholders in the entertainment industry and contribute to the literature on copyright management and business sustainability.
Perbandingan Sistem Hukum Indonesia dan Australia Tentang Pengaturan Pertimbangan Bisnis (Business Judgement) Muninggar, Roro Ajeng; Saleh, Rosdiana
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.v6i3.1821

Abstract

The legal systems adopted by Indonesia and Australia have differences, Indonesia adheres to civil law while Australia adheres to common law. The author in this study intends to conduct a comparative study of the legal system between Indonesia and Australia regarding business judgment arrangements. The issues studied are about the similarities and differences between business judgment arrangements in Indonesia and Australia, as well as the factors that cause these similarities and differences. The author uses normative methods by using a legal approach in the preparation of this study. The results of the comparison of legal systems between Indonesia and Australia have similarities, namely in terms of legal rules where both already have written legal rules, and the second in terms of regulating business judgment for the Board of Directors, while the differences that are seen are different legal systems, implementation of written rules, origin of rules, substance of rules, and position of jurisprudence. The factors that cause these similarities and differences include historical factors of the country, thinking characteristics, and economics.

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