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Iyah Faniyah
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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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Efektivitas Sistem E-Berpadu Dalam Perkara Pidana Sebagai Upaya Mewujudkan Peradilan Cepat Candra, Ade; Danil, Elwi; Elvandari, Siska; Robensyah, Andes
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.v6i3.1892

Abstract

This research aims to see the effectiveness of the E-Berpadu system which was launched by the Supreme Court through Perma Number 4 of 2020 and refined with Perma 8 of 2022. The E-Berpadu system is an application used to simplify processes in the criminal justice system. This application emerged as an initiative during the Covid-19 pandemic where everyone was encouraged to carry out activities from home. This is why this application with the E-Berpadu system is here to make things easier for the public and law enforcement officers in the criminal justice system. This research uses a normative juridical legal approach with analytical descriptive methods. The results of this research are that through the E-Berpadu system, it has provided convenience to the public and law enforcement officers in the criminal justice system. The E-Berpadu system makes it easy for law enforcement officers to access it only through their respective offices via the application.
Perizinan Berusaha Berbasis Risiko pada Sektor Perindustrian Pasca Terbitnya Undang-Undang tentang Cipta Kerja: Hal-Hal yang Perlu Diperhatikan Herlambang, Bonifacius
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.v6i3.1893

Abstract

Following the issuance of Government Regulation Number 5 of 2021 concerning Risk-Based Business Licensing, Indonesia has adopted a new concept of business licensing based on risk levels. This concept aims to facilitate business operations for entrepreneurs. This study focuses on the risk-based licensing mechanism in the industrial sector from the perspectives of the government (as regulator) and industrial business actors. The research aims to analyze the differences in licensing mechanisms before and after the enactment of Law Number 11 of 2020 concerning Job Creation, which was later amended by Law Number 6 of 2023, and to identify key aspects to be considered in the implementation of risk-based business licensing. The method used is doctrinal research involving the analysis of legal doctrines, development, and regulatory implementation mechanisms. The findings indicate that risk-based licensing classifies business permits into four risk levels: low, medium-low, medium-high, and high. Critical aspects of this mechanism's implementation include the issuance of Government Regulation in Lieu of Law Number 2 of 2022, the concept of industrial activity supervision and control, and the relation of PP 5/2021 to legal principles and theories. The study concludes that the risk-based licensing concept aligns with the principles of justice, utility, and legal certainty.
Perbandingan Efektivitas Dalam Pengelolaan Lembaga Pemasyarakatan (Lapas) Yang Mengalami Overcrowded di Negara Indonesia dan Brasil Rizki Pratama, Muh Ersandi; Ansa, Ferdi; Irfandi, Fitra; Hafiidz Syam, Syahrul
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.v6i3.1894

Abstract

Indonesia is a country based on law. In addition to using the term rechtstaat, Indonesian literature also commonly uses another term, namely the rule of law, to mean "rule of law". This coaching system is implemented by Correctional Institutions or what is abbreviated as Lapas as regulated in Article 6 of Law Number 12 of 1995. Correctional Institutions must organize correctional institutions so that prisoners can be accepted back into society. The performance of a prison in implementing correctional services is greatly influenced by several factors, namely the quantity and quality of prison officers, adequate facilities and infrastructure, a coaching program that is tailored to interests and talents, and the existence of comparability. These factors complement each other. The method used in compiling this research is research with a normative juridical method approach, namely research that focuses on testing the application of rules or norms in law. The effectiveness of the management of overcrowded prisons in Indonesia and Brazil is very good. In Indonesia, which has made efforts to prevent overcrowding by using several alternative methods, such as a grand design for handling overcrowding in state detention centers and correctional institutions, there is institutional strengthening in correctional institutions. Brazil has made efforts to prevent overcrowding by privatizing correctional institutions and outsourcing.
Analisis Kebijakan Penanganan Tindak Pidana di Bidang Perpajakan Oleh Direktorat Jendral Pajak Sembiring, Destiana
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.v6i3.1895

Abstract

In tax law, apart from administrative sanctions, there are criminal sanctions imposed for violations and crimes. Criminal law as stated in the Criminal Code and those outside it, namely in special provisions (lex specialist). The research method used is literature study, while the data analysis method uses qualitative analysis methods. From the results of the analysis carried out on the focus of this research, the criminal law policy strategy in the field of taxation in the future should be in line with the principle in tax crime, that criminal sanctions in taxation are Ultimum Remidium, meaning that in enforcing violations of tax law the priority is administrative sanctions, while the application of criminal sanctions is carried out if the methods used are no longer effective in making taxpayers comply with tax regulations but can disrupt aspects of legal justice for taxpayers and at the same time the legal rights of taxpayers (society) as a whole. The regulation of the authority of PPNS investigators in investigating criminal acts in the field of taxation is monopolistic, the implementation of investigations carried out by the PPNS Regional Office of the Directorate General of Taxes on taxpayers who commit criminal acts in the field of taxation is in accordance with the rules of the Criminal Procedure Code and the KUP Law, as well as the Regional Office of the Directorate General of Taxes in conducting investigations of taxpayers who commit criminal acts in the field of taxation.
Analisis Yuridis Terjadinya Peristiwa Konflik Bersenjata Ukraina dan Rusia Ditinjau dari Perspektif Hukum Humaniter Internasional Asya, Jasran; Rahayu, Sakthi; Widianto, Alfin Prananda
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.v6i3.1896

Abstract

Over the past half century, almost every country has been involved in armed conflicts either domestically or with other nations. One example is the escalating armed conflict between Ukraine and Russia, resulting in many civilian casualties and damaging public infrastructure, which is considered a violation of the provisions of international humanitarian law. This research was conducted using normative juridical methods by examining legal materials obtained through literature study. The findings of this research indicate that the Russian Armed Forces have committed various violations contrary to the principles of humanitarian law, such as the principles of military necessity, humanity, and proportionality. Violations of these principles may include disproportionate attacks, targeting civilians, excessive use of force, and restrictions on humanitarian assistance. Resolving this conflict requires a comprehensive approach and the commitment of all parties involved, such as urging Russia and Ukraine to fulfill their obligations as UN members by respecting applicable international humanitarian law provisions under the principle of pacta sunt servanda, mediating through diplomatic channels, imposing sanctions by the UN against both countries for violations of international humanitarian law as accountability for the attacks committed, and urging the UN Security Council to issue a resolution to immediately cease the hostilities.
Penegakan Hukum Terhadap Pelaku Penyimpanan dan Pengumpulan Limbah B3 Tanpa Izin (Studi Kasus Putusan Nomor: 604 K/Pid.Sus Lh/2017) Di Vaio, Selvando; Rochmani, Rochmani
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.v6i3.1897

Abstract

The case study presented in this research is Decision Number 604 K/Pid.Sus LH/2017, the defendant named Hartono committed the crime of storing and collecting B3 waste without permission. The aim to be achieved in this research is to examine the enforcement of criminal law and the judge's considerations in handing down decisions in criminal cases regarding the storage and collection of hazardous waste in Decision Number 604 K/Pid.Sus LH/2017. The research method used in this research is doctrinal/normative legal research. Where this research is focused on examining the application of rules or norms in positive law. The results of this research show that law enforcement in Decision Number: 604 K/Pid.Sus LH/2017 has paid attention to Article 102 in conjunction with Article 59 Paragraph (4) of the Law. RI Law Number 32 of 2009 concerning Environmental Protection and Management in conjunction with Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste, Law Number 48 of 2009, Law Number 8 of 1981, and Law Number 14 of 2009 1985 as amended and supplemented by Law Number 5 of 2004 and the Second Amendment to Law Number 3 of 2009 as well as other relevant laws and regulations. The judge's considerations in this case also met the elements of justice and did not take sides towards the defendant or other parties. As well as considering the element of benefit, namely not causing unrest in social life because the Defendant has been given sanctions because of his actions which could endanger the environment and the surrounding community.
Penyelesaian Perkara Penghinaan Kepada Suku Melayu Menurut Hukum Adat Melayu Riau Kota Dumai Lestari, Leny; Effendi, Erdianto; Firmanda, Hengki; Susanti, Heni
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.v6i3.1898

Abstract

In contrast to positive law, customary law does not recognize the distinction between criminal law and civil law. The settlement of cases in the community is carried out by means according to customary law. One of the cases resolved according to Riau Malay customary law was a case of insulting the Malay tribe in Dumai City. Using empirical juridical research methods, based on the results of the study, it was found that the settlement of cases of insults to the Malays was carried out by deliberation and sanctions ranging from light to severe sanctions, namely making yellow rice, slaughtering animals in the form of chickens, goats and buffaloes and disposing of the country which was divided into two, namely disposing of the country within a specified time and disposing of the country that was not determined.
Menguak Esensi: Negara Hukum dalam Konstitusi: Sebuah Analisis Mendalam terhadap Perlindungan Hak-hak Warga Negara Wulandari S, Lestari; Tanggahma, Biloka; Muhammad, Rivaldhy N.
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.v6i3.1899

Abstract

This study aims to investigate the essential role of the rule of law within the framework of a nation's constitution. Its focus lies in how the constitution provides a solid foundation for safeguarding the rights of citizens. The research objective is to gain a deeper understanding of how the rule of law ensures justice, freedom, and the protection of human rights for all citizens. This endeavor will aid in identifying the strengths and weaknesses within existing systems of constitutional law. Employing a thorough approach to legal and constitutional analysis, the study involves critical reviews of constitutions, legal regulations, and court decisions related to the protection of citizens' rights. Data will be gathered from primary and secondary sources, including legal documents, academic literature, and judicial rulings. The expected outcome of this research is to provide better insights into how the rule of law can function as a guardian of justice and human rights enforcement. This in-depth analysis is anticipated to lay the groundwork for further debate on the role of the rule of law in building a fair and inclusive society.
Perlindungan Hukum Kreditur Selaku Penerima Fidusia Atas Jaminan Fidusia Berupa Truk yang Disita Untuk Negara (Studi Putusan Pengadilan Tanjung Redeb Nomor:9/PDT.BTH/2019/PN.TNR) Dwiandi Adam, Achmad Ricky; Adam, Richard C.
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.v6i3.1900

Abstract

A number of regulations include legal protection for legal subjects, both preventive and enforcement, which can be in the form of written or unwritten regulations. In the context of selling objects used as fiduciary collateral, creditors can be legally protected if the state confiscates the object. Fiduciary, essentially, involves transferring ownership rights to an item in the belief that the owner of the item will retain control of it. However, the state can confiscate items that are the subject of fiduciary guarantees if they are used for unlawful activities. Attention to this matter is important for finance companies which may experience losses due to state confiscation of objects used as fiduciary collateral.
Pembaruan Hukum Perdata sebagai Upaya Meningkatkan Keadilan Gender Roem, Anwar M.; Payzon Aituru, Yulianus; Zirhani Rumalean, Zonita; Muslim, Muslim
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.v6i3.1901

Abstract

The reform of civil law plays a crucial role in guiding society towards better gender justice. This article investigates the impact of civil law reform on women's empowerment and the enhancement of gender equality across various aspects of life. The primary focus involves analyzing legal changes aimed at addressing gender disparities in civil rights, property ownership, and family responsibilities. The discussion includes evaluating the impact of civil law reform on traditional structures that may limit women's roles. Additionally, this article highlights concrete steps taken to provide stronger legal protection for women, encouraging active participation in social and economic life. Through an interdisciplinary approach, the article also reviews the psychological and social impacts of civil law reform on societal perceptions of gender roles. Thus, the author argues that civil law reform is not only about legal reform but also a critical step towards a more just and equal society. In conclusion, civil law reform is not merely a legal necessity but also a catalyst for profound social change. This article hopes to stimulate further discussion on how legal efforts can continue to promote gender equality within a broader legal framework.

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