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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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Putusan Mahkamah Konstitusi Terkait Usia Calon Presiden dan Calon Wakil Presiden Christine S.T Kansil; Destiana Vani Candra
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.v6i4.2000

Abstract

The Constitutional Court is an institution of judicial power based on the constitution and has a judicial function to uphold law and justice. Based on the 1945 Constitution of the Republic of Indonesia, state power is divided into three parts, namely legislative, executive and judicial. The authority of the Constitutional Court is regulated in Article 24C of the 1945 Constitution, namely that the Constitutional Court functions to adjudicate at the first and last level and its decisions are final. Constitutional Court decisions in reviewing laws relate to formal and material aspects, so consideration is required by the judge as a basis for a decision. This article was written to review the authority of the Constitutional Court in judicial review and regarding the inconsistency of the Constitutional Court in decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential and vice-presidential candidates.
Hukum Tambahan Pajak Restoran dalam Jual Beli Perspektif Kompilasi Hukum Ekonomi Syariah dan Peraturan Daerah (PERDA) Kota Medan No 5 Tahun 2011: (Studi Kasus Restoran Mie Gacoan di Jl SM Raja Kota Medan) Iqklimah, Iqklimah; Ahmad Zuhri
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.v6i4.2001

Abstract

Buying and selling is a profitable commercial activity that involves both buyers and sellers. However, not all purchasing and selling operations contain Islamic law-compliant lessons, one example is restaurant transactions. In actuality, many restaurants charge an extra tax on their transactions, including the Mie Gacoan restaurant on Jl SM Raja, Medan City. There are differences in rules governing additional restaurant tax laws in purchasing and selling, particularly from the perspective of the Compilation of Sharia Economic Law, which holds that it is invalid due to buyer compulsion. Meanwhile, according to Medan City Regional Regulation Number 5 of 2011, the extra tax on purchasing and selling is legitimate because it is a government-mandated requirement. The aim of this research is to find out which opinion is most relevant to the benefit of today's people from both of these laws. The research method used is interviews with open-ended questions mixed with library research methods to investigate the needed documents utilizing empirical juridical research, comparative approaches, and legal sociology.
Perkawinan Beda Agama dan Implikasinya Terhadap Terbitnya Kartu Keluarga Perspektif Undang-undang No. 1 Tahun 1974 dan Undang-undang No. 23 Tahun 2006 : (Studi Kasus Kecamatan Naman Teran, Kabupaten Karo) Wike Sundari; Amal Hayati
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.v6i4.2002

Abstract

Marriage is a spiritual and physical relationship between a man and a woman as husband and wife, with the goal of creating a happy family based on the belief in the Almighty God. One of the marriages that often occurs in Indonesia is marriage between different religions. Law Number 1 of 1974 outlaws interfaith marriages, as stated in article 2 paragraph 1: "marriage is valid if carried out according to the laws of each religion and belief." Meanwhile, Law Number 23 of 2006 allows for interfaith marriages, as indicated in Article 35, which specifies that marriages determined by the court are 'interfaith marriages'. This research method is qualitative, it utilizes normative empirical legal research, a comparative perspective, and legal sociology, and the data is gathered from books, journals, articles and interviews. According to the author, the more relevant law is the regulation of Law Number I of 1974 which prohibits interfaith marriages. Because it allows couples to manage the legality of their marriage without having to use illegal method in order to fulfill administrative rights such as issuing Family Cards and other administrative procedures.
Pelanggaran Ham Dalam Konflik Israel dan Palestina Lewiandy, Lewiandy; Alessandro Christian Max
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.v6i4.2003

Abstract

All human beings have human rights not because of a gift given to them, but a gift given by the Creator to every human being. Any human being does not have the right to deprive each other of their rights, if this happens then that person will also be called a human rights violator. As is happening now, Israel's human rights violations against Palestinians are a taking away of other people's rights, especially the right to live and live in safety. Even though there is international law that protects cases of human rights violations, ironically humanitarian tragedies still occur. The results of this research found that attacks carried out by the Israeli army had destroyed many residences, places of worship and other public facilities in Palestine. Most countries in all other parts of the world, especially countries with predominantly Muslim populations, strongly condemn all forms of actions committed by the Israeli army against Palestine. Israel is also stated to have violated human rights, this has been going on for a long time and continuously until now, which is happening to Palestinians.
Perspektif Hukum terhadap Perlindungan Anak Korban Kekerasan Seksual dalam Undang-Undang Nomor 12 Tahun 2022 Silvia Cahyadi; Rasji, Rasji
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.v6i4.2004

Abstract

A nation's legal system must provide for the legal protection of children who are the victims of sexual assault. One of the main initiatives to give children who are victims of sexual assault proper legal protection is Law Number 12 of 2022 about Sexual assault Crimes. This article examines the numerous legal protection measures provided by Law Number 12 of 2022 through a content analysis. These measures include rules pertaining to the definition of sexual violence, court procedures, penalties for offenders, and victim rehabilitation initiatives. The investigation focuses on the potential and difficulties in implementing Law Number 12 of 2022 throughout society, as well as how it offers a thorough legal framework to safeguard the rights of children who are sexually abused.
Akibat Hukum Wanprestasi Yang Dilakukan Nasabah Terhadap Koperasi Simpan Pinjam Dalam Perjanjian Tidak Tertulis Yuriz Wibowo; Gunawan Djajaputra
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.v6i4.2005

Abstract

In unwritten agreements between customers and savings and loan cooperatives, defaults by customers can have significant legal consequences for both parties. Default occurs when customers do not fulfill their obligations in accordance with the agreed agreement, such as not paying installments on time. The legal consequences of this default may vary depending on the provisions contained in the agreement and the applicable law. The research method used is normative law. The results showed that for customers, the legal consequences of default can be in the form of fines or surcharges, cancellation of the agreement, or even lawsuits. Meanwhile, for savings and loan cooperatives, the legal consequences can include financial losses due to not receiving payments on time and a tainted reputation in the industry. The importance of clarity and certainty in agreements is an important emphasis in this context, so that the rights and obligations of both parties can be clearly understood. In addition, compliance with applicable laws and regulations is also a key factor in responding to defaults, so that both parties can maintain balance and fairness in their contractual relationship.
Kebijakan Hukum terhadap Problematika Pemberian Pemenuhan Hak Restitusi Korban Tindak pidana yang diatur KUHAP dan diluar KUHAP Alyafedri, Youfan; Koto, Ismail
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.v6i4.2006

Abstract

Restitution is compensation given to the victim or their family by the perpetrator or a third party. Victims of criminal acts that can be given restitution are criminal acts of serious human rights violations, terrorism, human trafficking, racial and ethnic discrimination, criminal acts related to children, as well as other criminal acts determined by the LPSK Decree in accordance with the provisions of statutory regulations. . Of course, fulfilling the right to restitution for victims of criminal acts has several problems which are sometimes very detrimental to victims of criminal acts. Providing restitution still has not received attention from the government. It is still not balanced when compared with attention to perpetrators of criminal acts. The aim of this research is 1) to find out arrangements for providing restitution for victims of criminal acts. 2) to find out the implementation of providing restitution as a fulfillment of the rights of victims of criminal acts according to the KUHAP and outside the KUHAP, and 3) to find out the problems of giving the right to restitution to victims of criminal acts regulated by the KUHAP and outside the KUHAP. The method used is normative juridical research. The results of the research show that 1) Arrangements for providing restitution for victims of criminal acts have of course been regulated in the Criminal Procedure Code, namely in article 98, while outside the Criminal Procedure Code, regulations relating to restitution are regulated, one of which is stipulated in Supreme Court Regulation Number 1 of 2022. 2) Implementation of providing restitution in fulfillment of The rights of victims of criminal acts can be exercised in 2 ways, namely before the decision has permanent legal force and after the decision has permanent legal force. 3) The problem of granting restitution rights to victims of criminal acts is of course 3 factors, namely legal factors, law enforcement factors and community factors.
Implementasi Insolvency Test Dalam Menyatakan Debitur Pailit Berdasarkan Hukum Kepailitan di Indonesia Fuad, Assyifa; Paidi Aritonang, Parulian
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.v6i4.2007

Abstract

A bankruptcy application can be submitted by the debtor or creditor with a minimal prerequisite, namely having at least 2 (two) creditors and having a debt that has fallen due and is payable in accordance with the provisions of Article 2 paragraph 1 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (“The Bankruptcy Law”). The ease of filing bankruptcy petitions has raised concerns about its potential to disadvantage debtors and perpetuate malpractices among bankruptcy petitioners. This concern is particularly evident in cases where debtors possess assets that exceed their outstanding debts, rendering them solvent rather than insolvent. A prime example of this issue is the landmark case of Putusan Pengadilan Niaga 48/Pailit/2012/PN.Niaga.Jkt.Pst, where the Commercial Court declared PT Telkomsel bankrupt without first establishing or obtaining evidence that PT Telkomsel's assets were less than its debt to PT PJI, thereby placing it in a state of insolvency. Based on this, the Author will examine the necessity of implementing an insolvency test whose provisions are currently adopted in Government Regulation Number 74 of 2020 regarding the Investment Management Institution.
Tinjauan Hukum Kesepakatan Suami Istri Diluar Ketentuan Mengenai Pemisahan Harta dalam Perjanjian Perkawinan Salsabilla, Denintya Indri; Endah Hartati
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.v6i4.2009

Abstract

This study examines the regulations regarding a prenuptial agreement which contain agreements between husband and wife outside of provisions regarding the separation of assets. In marriage, apart from assets, there are also other personal matters that can be agreed upon, but the legal provisions only stipulate that a prenuptial agreement specifically concern about separation of assets. This study uses research methods with a qualitative approach and in its discussion uses a juridical-normative approach. The results of this study found that husband and wife agreements outside of assets can be made if necessary but are considered difficult to include in a prenuptial agreement. This is because there are several differences, so the way it made must also be differentiated.
Penegakan Kepastian Hukum Dalam Unsur Tindak Pidana Penganiayaan Berencana Pada Putusan Pengadilan Negeri MARISA 72/PID.B/2019/PN.MAR Arif Al Jibran, Farel; Adhari, Ade
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.v6i4.2011

Abstract

Enforcing legal certainty in criminal acts of serious abuse is an important aspect of a just justice system. This study analyzes the application of the elements "whoever" and "commits serious maltreatment" in the crime of serious maltreatment and their relevance to legal certainty in law enforcement. Clear provisions regarding actions that are considered serious abuse and who is responsible for these actions are the main key. With this clarity, justice can be better served because all parties are subject to the same laws. Apart from that, applying appropriate punishment is also a means of providing justice to victims and society as a whole. The research results show that the application of these two elements is in accordance with the principles of justice and legal certainty. Thus, legal certainty in enforcing criminal acts of serious ill-treatment is an important basis for creating a just and civilized society. Through normative juridical analysis research methods, and supported by the fact that clarity in the law provides certainty for society and upholds justice. So enforcing legal certainty in criminal acts of serious abuse is a crucial step in maintaining justice and public order. By understanding and applying the principles of legal certainty, the justice system can function effectively to protect individual rights and provide justice to all parties involved.

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