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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 Influence of Civil Law on the Quality of Community Life: Case Studies in Big Indonesian Cities Achmad Fitrian; Dodi Rusmana; Ning Adiasih; , Marjan Miharja; Nabain Idrus
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2313

Abstract

This research project aims to examine the influence of civil law on the quality of life of people in big cities through a comprehensive literature review. The role of civil law in maintaining the equilibrium between the rights and obligations of individuals in a complex urban society is of great consequence. This research identifies the ways in which the application of civil law in the areas of property rights, contracts, family, and land affects various aspects of people's lives, including social stability, the economy, and individual welfare. From the literature review, it was found that legal certainty and effective access to civil justice contribute significantly to improving the quality of life of people in big cities. Conversely, ineffective civil law enforcement can lead to uncertainty, conflict, and inequality that negatively affect people's welfare.
Analisis Hukum Pembangunan Berkelanjutan Ibu Kota Nusantara (IKN) dalam Manajemen Risiko Pengembalian Investasi Asing Ade Andrian Nur Satiaputra; Cika Silvia Puspa Christina; Nurhayani Butar Butar; Sunardi, Sunardi; Budi Prabowo; Rahajeng Oktovione Putri Bestari
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2314

Abstract

The implementation of infrastructure development in the Indonesian Capital City (IKN) is one of the government's strategic directions regulated in the provisions of Law no. 3 of 2022 concerning the Indonesian Capital City (IKN Law). One of the funding sources regulated in the IKN Law is the distribution of foreign funds, including the Government and Business Entity Cooperation (KPBU) program, financial support or international funding programs, and creative funding programs. The two research formulations focus on a critical study of risk management in relation to foreign investment returns in infrastructure development in the IKN. This research is a type of normative legal research with a sociological approach. The conclusion of this study is that the KPBU system has clearer accountability rules, but the use of the other two foreign investment systems is relatively faster to use. Therefore, the other two schemes require more configuration.
Pelaksanaan Restorative Justice Terhadap Pelaku Tindak Pidana Penganiayaan Anak Di Kepolisian Daerah Bali Doni Darmawan Tikoalu; Rugun Romaida Hutabarat
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2315

Abstract

Law enforcement officials, particularly those in the Bali Regional Police, are undoubtedly concerned about the increase in juvenile criminal activity in Bali Province. The restorative justice approach which involves transferring is one of the options for managing criminal cases involving minors. The study's objective is to ascertain how the Bali Regional Police applies the restorative justice concept to cases involving child abuse. The research is of a descriptive character, and it is the empirical legal research. Primary data originates from police interviews conducted by the Bali Regional Police work unit, which specializes in managing juvenile crimes; secondary data is gathered from publications such as books, articles, and records. Qualitative data analysis is done and then presented in a descriptive manner. The outcomes demonstrated that the Bali Regional Police had applied the restorative justice concept in a very effective manner when it came to the crime of child abuse. The legal culture component in society has an influence on the barriers that the Bali Regional Police faces while attempting to implement the restorative justice principle in child abuse cases.
Kekuatan Pembuktian Penjaminan Utang Piutang Melalui Perjanjian Pengikatan Jual Beli Amara Ayu Maharani; Sri Laksmi Anindita
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2316

Abstract

Acquiring land rights can be accomplished through various legal acts, one of which involves buying and selling. This research aims to examine the efficacy of guaranteeing debts and receivables through a binding sale and purchase agreement for both debt providers and recipients, as well as to analyze the legal protection afforded to them through such agreements. The research utilizes a normative legal research approach, employing both statutory research and a conceptual framework, and relies on secondary data sources such as statutory regulations, books, and scientific journals. The results of this research indicate that the strength of proof of guaranteeing debts and receivables through a binding sale and purchase agreement for the debtor and debt recipient is invalid and cannot serve as the basis for transferring land rights, except by a PPAT deed or auction. Furthermore, legal protection for guaranteeing debts and receivables cannot be obtained through a valid sale and purchase agreement for the debt provider and the debt recipient. Appropriately, debt and receivable agreements should be guaranteed using mortgage rights.
Tanggung Jawab Notaris Atas Keterangan Palsu Dalam Akta Rapat Umum Pemegang Saham Luar Biasa Anisa Nabila Hamdi; Mohammad Fajri Mekka Putra
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2317

Abstract

The authority of a notary is to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or desired by those interested to be stated in an authentic deed. A notary is obliged to guarantee the truth of the deeds they make; therefore, a notary must act honestly, fairly, and transparently in making an authentic deed. However, notaries often act carelessly and are not thorough in carrying out their duties and positions, which can lead to legal problems in both the legal and criminal realms. The issues discussed below concern the responsibilities of a notary who includes false information in making a deed for an extraordinary general meeting of shareholders and the legal consequences of a notarial deed that includes false information. The type of research used to address this problem is normative legal research, descriptive in nature. The data used is secondary data analyzed qualitatively, and the method of drawing conclusions uses deductive logic. Based on the research results, a notarial deed containing elements of a criminal act can render the notary criminally liable under Article 55 and Article 56 of the Criminal Code due to negligence in falsifying documents. This can result in the notarial deed being annulled or nullified by law..
Pertanggungjawaban Notaris Sebagai Pembuat Akta Wasiat (Testament Acte) Yang Tidak Memenuhi Ketentuan Legitieme Portie Putri Shofwatul Laily
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2318

Abstract

The death of an heir has created rights for their heirs to control and/or obtain the inheritance of the deceased. According to the Western Law of Inheritance, there are two ways to inherit a portion of the deceased's estate: according to the provisions of the law and as designated in a testament. In the formation of a testament, the role of a notary is important and crucial. This is because a notary can oversee, provide advice so that the content of the heir's testament does not contradict the law. One of the rules that must not be violated in the creation of a testament is regarding the absolute rights of the heirs or legitimate portion as regulated in Article 913 of the Civil. However, in reality, there are still testaments that violate the provisions of the legitimate portion from one or all of the heirs even though the testament has been made by or before a notary. This has undoubtedly caused injustice to the heirs, and more severely, the validity of a testament is then questioned as to whether it complies with the existing laws or contravenes statutory regulations. In writing this journal, the author uses a normative juridical method, which is an approach based on primary legal materials by examining various theories, concepts, legal principles, and regulations related to this research.
Pendaftaran Tanah Pertama Kali Melalui Pendaftaran Tanah Sistematis Lengkap (PTSL) dengan Alas Hak Jual Beli Secara Adat di Kota Bukittinggi Angrila Putri; Ferdi, Ferdi; Fendri, Azmi
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2319

Abstract

Complete Systematic Land Registration (PTSL) is a national strategic project that aims to realize the provision of legal certainty and legal protection of community Land Rights based on the principles of simple, fast, smooth, safe, fair, equitable and open and accountable, so as to improve the welfare and prosperity of the community and the country's economy, as well as reduce and prevent land disputes and conflicts. To accelerate the implementation of registration of all land areas in Indonesia in 2016 a Circular Letter was issued by the Minister of ATR / Head of BPN Number 1756 / 15.I / IV / 2016 concerning Guidelines for the Implementation of Land Registration which is essentially about simplifying the basis of rights for land registration. In this case, for proof of ownership of customary land owned by the Bukittinggi customary law community, some use customary sales and purchase letters. Based on this, the author is interested in conducting research with the formulation of the problem, namely: How is the process of making customary land sales and purchases in Bukittinggi City? How is the process of first land registration through PTSL with customary land sale and purchase rights at the Bukittinggi City Land Office and, How is the process of first land registration through PTSL with customary land sale and purchase rights after the realization of Complete City Mapping in Bukittinggi City. And the purpose of the study is to study and analyze the process of making customary land sales and purchases in Bukittinggi City, to study and analyze the process of first land registration through PTSL with customary land sale and purchase rights at the Bukittinggi City Land Office, and to study and analyze the process of first land registration through PTSL with customary land sale and purchase rights after the realization of Complete City Mapping. The research method is an empirical legal approach method (emphrical legal research), the nature of this research is descriptive. The conclusion is that the PTSL process with the basis of customary land sale and purchase certificates can be used at the Bukittinggi City Land Office and is equipped with a statement of physical control of the land area, and for the land registration process through PTSL after Bukittinggi City is Complete, physical data collection in the form of measuring land areas in the field is no longer carried out, but only legal data collection is carried out.
Akibat Hukum Perjanjian Sewa Menyewa Alat Berat yang dipergunakan Untuk Melakukan Perbuatan Melawan Hukum Brian Hariadi; Marjon, Dahlil; Yasniwati, Yasniwati
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2320

Abstract

During activities, mining entrepreneurs often rent heavy equipment in the form of excavators from other entrepreneurs. It often happens that rented items are used to commit crimes, which leads to the confiscation of rented items as evidence. Therefore, renting entrepreneurs will suffer economic losses. This raises the legal question of how to protect tenants in this case. To answer this question, we need to do a study. This study is a normative legal study, which raises three (three) legal issues, namely (1) examining the reasons for the confiscated heavy equipment by law enforcement departments; (2) examining the legal consequences of confiscated on third parties renting heavy equipment; and (3) examining the forms of legal protection for third parties renting heavy equipment. The study shows that, first of all, the reason for the confiscation is to let investigators have evidence of the crime. Secondly, the legal consequence of confiscation on third parties is the inability to use their heavy equipment to earn income, resulting in delayed payment of credit for the purchase of confiscated goods. Third, the third party is protected by the laws of Article 206, Article 227-228 R.Bg and Article 195 (6) HIR. The third party has the right to make resistance efforts (derden verzet) before the case is adjudicated.
Regulasi Islamic Distribution of Properties Melalui Mekanisme Non Ekonomi di Indonesia Chandra Maharani; Marnita, Marnita; Baiti Ningsih; Indah Savira
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2321

Abstract

This research aims to first, Model the Islamic Distribution of Properties Through Non-Economic Mechanisms in Indonesia. Second, Islamic Distribution of Properties Through Regulation of Non-Economic Mechanisms in Indonesia. Third, Implementation of Islamic Distribution of Properties Through Non-Economic Mechanisms in Indonesia. The research method used is a Normative Juridical approach, which is a type of qualitative research, with a Statute Approach, using descriptive-analytical methods, applying data collection techniques through literature and library studies, interviews accompanied by observations of applications occurring in the community. A fundamental transformation is needed in the Islamic Distribution of Properties through Non-Economic Mechanisms in the form of regulations on Zakat, Waqf, Inheritance, Grants, and Wills in Indonesia to bridge the wide gap between the potential and realization of Islamic Social Funds (DSI). This research aims to formulate such a transformation.
Pengaruh Media Sosial Pada Persepsi Publik Terhadap Sistem Peradilan: Analisis Sentimen di Twitter N. Muhammad, Rivaldhy; Wulandari S, Lestari; Tanggahma, Biloka
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2327

Abstract

Social media has become a major platform for the public to express their views on various issues, including the judicial system. This study aims to analyze the influence of social media, particularly Twitter, on public perception of the judicial system in Indonesia. The method used in this research is sentiment analysis applied to thousands of tweets related to judicial issues. Data were collected using data mining techniques and analyzed to identify positive, negative, and neutral sentiments towards the judicial system. The results show that the majority of sentiments expressed by the public on Twitter tend to be negative, reflecting widespread dissatisfaction with the judicial system. Positive sentiments emerged in the context of policy reforms and legal transparency, while negative sentiments were often linked to issues of corruption and injustice. In conclusion, social media, especially Twitter, significantly influences public perception and can serve as an important source for understanding public opinion on the judicial system.

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