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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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The Rule Of Law Corrupted By Law Enforcers: a Study Of Police Misconduct Saida Flora, Henny; Suhendar, Suhendar; Fitri Hertini, Mega; Itasari, Endah Rantau; Erwin, Erwin
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1932

Abstract

The purpose of this study was to study and know the provisions of the Police Code of Ethical Principles that are the basis for the performance of duty, to study and know the responsibility of the police for violating the Code of Ethical Principles, and to know the responsibility for the violation of the Code of Ethical Principles. According to the provisions of the Regulation of the Chief of the National Police of Indonesia No. 14 of 2011 on the Code of Ethical Principles of the National Police of Indonesia, Article 1 regarding the definition of KEPP, viz. "The Code of Ethical Principles of the POLRI, hereinafter abbreviated as KEPP, is the norms or rules that constitute the unity of ethical or philosophical foundations regarding behavior and speech in relation to things that are required, prohibited, appropriate or inappropriate to be done by members of the POLRI in the performance of the duties, powers and responsibilities of the position.
Akibat Hukum Terjadinya Wanprestasi Dalam Perjanjian Kerja Tanpa Adanya Jaminan Nur Sharky, Yoliandri; Djajaputra, Gunawan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1933

Abstract

Default is non-fulfillment of an obligation or obligation carried out by parties who are mutually binding. In the case of a cooperation agreement, it is often one of the parties that does not carry out the achievements as agreed. Default is carried out through several stages, namely a warning or subpoena which if there is no response then it can go to the court stage. In the case raised in the Supreme Court Decision Number 1386K/PDT/2020, that the Abdurrab Foundation committed an act of default in an agreement with PT Karya Metropolitan Utama because the Foundation did not fulfill its achievements and broke a promise. The research method used in this study uses normative juridical methods using secondary data. Then the results of the study stated that the judge's decision in granting part of the plaintiff's lawsuit was in accordance with the law and there was no deviation in deciding a case.
Optimalisasi Pengembalian Dana pada Kesalahan Transfer Nainggolan, Valen; Djajaputra, Gunawan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1934

Abstract

The mechanism of fund reimbursement in cases of transfer errors is crucial in maintaining customer trust and satisfaction in banking services. This study aims to investigate and propose optimal steps to enhance the effectiveness of fund reimbursement mechanisms. The research methodology involves literature analysis and case studies to understand key challenges and best practices in the banking industry. Findings indicate that transfer errors can occur due to various factors, including human error, system glitches, or fraudulent activities. To optimize fund reimbursement mechanisms, a holistic approach is required, encompassing improvements in internal processes, enhanced transparency, and communication with customers, as well as the implementation of advanced technologies such as anomaly detection and automated verification. The implications of this research underscore the importance for banks to continuously improve their systems and procedures in handling transfer errors, thereby enhancing customer trust and maintaining corporate reputation. This study provides practical guidance for banks in addressing challenges related to transfer errors and ensuring swift and accurate fund reimbursements to customers.
Analisis Kedudukan Konsumen yang Dirugikan Akibat Penggunaan Obat Disfungsi Ereksi yang Tidak Terdaftar di Badan Pengawasan Obat dan Makanan (BPOM) dalam Hukum Perlindungan Konsumen Rifki, Muhammad
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1935

Abstract

This writing analyzes the position of consumers who are harmed due to the use of illegal erectile dysfunction drugs in consumer protection law, as well as the accountability of business actors towards consumers harmed by the use of illegal erectile dysfunction drugs.. This writing is composed using a normative juridical research method (a normative doctrinal approach) that essentially examines the internal aspects of positive law. In order to protect consumers who become victims of the actions of illegal strong drug traders, the Government, through the Consumer Protection Act, provides legal protection in the form of both preventive and repressive legal protection. Preventive legal protection is protection provided to consumers with the aim of preventing disputes or issues. As for repressive protection efforts that can be taken in connection with the practice of production and trade of illegal strong drugs in Indonesia, it involves optimizing litigation and non-litigation avenues. Repressive legal protection aims to resolve disputes or conflicts that have already occurred. Provisions regarding the resolution of consumer protection disputes through litigation are stated in Pasal 45 of the Undang-Undang Perlindungan Konsumen, while for the resolution of non-litigation disputes, BAB XI of the Undang-Undang Perlindungan Konsumen states that it can be done through the Consumer Dispute Resolution Board or Badan Penyelesaian Sengketa Konsumen (BPSK).
Pelanggaran Kode Etik Kepolisian Negara Indonesia Terkait Penyelewengan Wewenang Pejabat Kepolisian Christine S.T. Kansil; Sheren Regina Vedora
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1936

Abstract

The state has the right to govern its territory and citizens, but this cannot be done without the assistance of state institutions. One such institution that helps in the administration of governance is the Indonesian National Police, whose duties are regulated by Undang-Undang Nomor 2 Tahun 2002. In carrying out their duties, the Indonesian National Police have a code of ethics as a guide for their members to reflect the comprehensive character of a police officer. However, as time progresses, changes occur in the ethics and morality of police members, which led to the establishment of Peraturan Kepolisian Negara Republik Indonesia Nomor 7 Tahun 2022 Tentang Kode Etik Profesi dan Komisi Kode Etik Kepolisian Negara Republik Indonesia. Violations of this code, particularly by high-ranking officials, such as the case of Teddy Minahasa, a former high-ranking police officer, hinder the enforcement of law. Therefore, it is crucial for the Indonesian National Police to follow and practice ethics in their duties, such as state ethics, institutional ethics, community ethics, and personal ethics. By adhering to these ethics, it is hoped that police members can carry out their duties with commitment, honesty, and high responsibility, for the safety, welfare, and unity of the nation. However, to address these violations, it is necessary to enforce the law firmly and to continuously prevent and cultivate police members to understand and internalize these ethics in every aspect of their life and duties.
Tinjauan Yuridis Terhadap Perilaku Aparatur Negara Republik Indonesia Dalam Tatanan Administrasi Negara Christine S.T. Kansil; Nethania Aurelia Madelin
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1937

Abstract

State officials are people who are used as instruments in government. Even though it has been regulated in the law regarding Government Administration, in practice there are still many problems that hinder it. The behavior of state officials who tend to abuse their authority is a problem that hinders the proper running of government administration. This paper aims to reduce the problems caused by several state officials who tend to abuse their authority. In Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, it is written that an official who commits an act of corruption because he abuses the authority of his position, resulting in harm to the state, then this behavior constitutes an abuse of the authority of his position. The method used in this writing is normative and quantitative. Apart from that, this research uses legislation and case decisions as a primary legal material approach and literature studies as a secondary legal material approach. Article 17 paragraphs (1) and (2) of Law No. 3 of 2014 regulates the prohibition of abuse of authority, where government officials are prohibited from abusing their authority.
Kedudukan Hukum Sertipikat Hak Milik Karena Cacat Yuridis Sebagai Bukti Kepemilikan Hak (Studi Putusan Pengadilan Negeri Batusangkar Nomor 67/Pid.B/2021/PN Bsk) Chanda Ricci; Busyra Azheri; Mulyati, Nani
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.1938

Abstract

One of the plots of land where land registration is carried out by issuing a certificate is Certificate of Ownership Number 00164/Nagari Padang Magek. The certificate is the object of a dispute which has been decided by the Batusangkar District Court Decision Number 67/Pid.B/2021/PN Bsk, which has obtained permanent legal force (inkracht van gewijsde). Based on the Decision of the Batusangkar District Court Number 67/Pid.B/2021/PN Bsk, the issuance of Certificate of Ownership Number 00164/Nagari Padang Magek, namely a Statement of Physical Control of the Field and a Certificate of Land Ownership Number 074/SK/PMT/2000, is a fake document. So the Certificate of Ownership Number 00164/Nagari Padang Magek has a legal defect. The formulation of the problem examined in this research is: 1) what is the legal position of a certificate of ownership due to juridical defects as proof of ownership of rights?; 2) what are the legal consequences of ownership of land rights following the Batusangkar District Court Decision Number 67/Pid.B/2021/PN Bsk? The research method that the author uses is normative juridical, with a case approach. The type of data used is secondary data, which consists of primary, secondary and tertiary legal materials. The data collection technique used is document study. The results of the author's findings are the position of Ownership Certificate Number 00164/Nagari Padang Magek, which has changed the data on the certificate above to become Ownership Certificate Number 1892/Nagari Padang Magek, Land Plot Identification Number 03.10.03.02.01654, with Measurement Letter Number: 2616/2021 dated 27 April 2021, area 940, in the names of Tisra Juwita and Hasni Wirda, still valid and valid. The next finding is that in the Batusangkar District Court Decision Number 67/Pid.B/2021/PN Bsk, the basis for issuing the certificate used was a fake letter related to the ages of the parties, namely Tisra Juwita and Hasni Wirda, not a fake regarding the subject of their rights. So the plot of land registered in Certificate of Ownership Number 00164 is still legally valid in the names of Tisra Juwita and Hasni Wirda. Certificates issued based on fake documents can be canceled by submitting a written application to the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency through the Head of the Land Office where the object is located, in this case the Head of the Tanah Datar Regency Land Office.
Perlindungan Represif dalam Awig-Awig di Bali pada Penyelesaian Sengketa Adat Yulianingsih, Wiwin
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1939

Abstract

The aim of this research is to explore the concept of repressive protection for customary disputes in Indonesia and explore the manifestation of repressive protection for Awig-Awig in Bali in resolving customary disputes. This research method is normative juridical, with a statutory, conceptual legal and legal case approach. Data comes from secondary sources, including primary legal materials, secondary legal materials and tertiary legal materials. Data analysis is descriptive analytical. The results of the research found that the concept of repressive protection for customary disputes in Indonesia is in the form of protecting indigenous peoples by enforcing the law as well as imposing sanctions on law violators. The legal certainty is as stated in the Constitution of the Republic of Indonesia of 1945 and Law of the Republic of Indonesia Number 6 of 2014 concerning Villages. The embodiment of this protection in Awig-Awig is as an example in Bali, where there are regulations regarding the rights of indigenous peoples as well as their application when disputes occur. Those who violate will be subject to sanctions.
Penyelesaian Wanprestasi Dalam Perjanjian Kerja PT. Sukses Bintang Indonesia Dengan PT. Ratu Intan Mining (Studi Kasus Putusan Nomor 3854/K/Pdt/2022) Melosia Mangiwa, Devina; Djajaputra, Gunawan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1940

Abstract

This article provides an overview of the implementation of an employment agreement or employment contract in the business world that often causes interpretation. This research is based on normative legal research with qualitative research methods. The results of this study describe the causes of default in an agreement which as a result can harm the parties who bind themselves in an agreement. Settlement of default can basically be reached through several legal remedies such as sending a subpoena, negotiations to the lawsuit in the trial. As the decision of the panel of judges in a civil case between PT. Sukses Bintang Indonesia and PT. Ratu Intan Mining has resolved the dispute between the parties in accordance with the provisions of applicable regulations.
Tanggung Jawab Notaris Akan Perjanjian (Akta) Pinjam Nama (Nominee) Warga Negara Asing Dalam Kepemilikan Tanah Dan Bangunan Ulyannuha, Dzurwatul; Ery Agus Priyono
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1941

Abstract

A nominee agreement made by a notary is actually a form of legal smuggling, which is used for the benefit of a foreign party. Basically, a nominee agreement provides all authority that may arise in relation to national land law which cannot be owned by foreign parties, which is then given to native residents as recipients of power of attorney. There are problems that arise, namely the applicable legal provisions relating to the making of a deed of borrowing a notary's name, the responsibility of a notary in making a Nominee deed for a land rights agreement between local residents and foreign nationals. This research uses a type of normative legal research and is analytical descriptive, where this research uses premier data as complementary data using data collection techniques carried out by means of literature study, as well as qualitative data analysis. Deeds of borrowing names or nominees are legally permissible, especially in shareholder agreements, however, unlike land ownership in the country, making deeds of borrowing names by a notary is an act of smuggling agrarian law and is prohibited by law. Based on Article 21 paragraph (1), Article 26 paragraph (2) of Law Number 5 of 1960 concerning Basic Agrarian Regulations, it is stated that a nominee agreement is an invalid agreement because it does not comply with statutory provisions. As a Notary there are three types of responsibility, namely civil legal responsibility, criminal legal responsibility and responsibility through the notary's code of ethics. The legal consequences that arise regarding the making of deeds of nomination, land ownership agreements between local residents and foreign nationals, namely that the nominal agreement is null and void.

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