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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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LEGALITAS PENGGUNAAN GPS SELAMA BERKENDARA MELALUI SMARTPHONE PASCA PUTUSAN MK NO. 23/PUU-XVI/2018 Nugraha, Xavier; Budianto, Anneta Cornelia; Hadiwidjayanti, Rizky
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.45

Abstract

Nowadays, using GPS as a navigator from smartphone is increasing, but it turns out there is a legal issue. This is related to the concept of driving with full concentration in Article 106 paragraph (1) of Law Number 22 Year 2009. In the explanation of Article 106 paragraph (1), there is an ambiguity in the interpretation between being able to use GPS, as long as it does not cause a concentration disturbance in driving or it is prohibited from using a cellphone at all, which means, using GPS via a smartphone is not allowed. This research is a study using normative law, with primary legal materials is legislation related to the use of GPS through smartphones during driving, such as, Law Number 22 Year 2009 concerning Road Traffic and Transportation and Constitutional Court Decision No. 23 / PUU-XVI / 2018, while materials Secondary law consists of books, journals, and other sources that are relevant. Based on the results of this study, it was found that the Constitutional Court provided an interpretation, that using GPS via a smartphone during driving was permitted, but it should not cause a concentration disturbance while driving and the application of such sanctions was casuistic. Keywords: GPS, smartphone, driving with full concentration,
OPTIMALISASI OPERASI BINA KUSUMA DALAM USAHA MENANGGULANGI PREMANISME DI WILAYAH HUKUM POLRES TANAH DATAR Ramadan, Ahmad
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.47

Abstract

Bina Kusuma's Operation is the Operation of the West Sumatra Regional Police Control in order to suppress disruption of community security. One of the disturbances of Khamtibmas that occurred in the jurisdiction of the Tanah Datar police station was the act of thuggery. The problems that are examined are the implementation and constraints and optimization of bina kusuma operations in order to combat thuggery in the jurisdiction of the Tanah Datar police station by Bhabinkamtibmas. this research is legal research with analytical descriptive specifications. The implementation of the Operation Bina Kusuma at the Tanah Datar Police Station put forward the efforts of guidance and prevention. At Operation Bina Kusuma the Tanah Datar police station held raids on thugs to locations prone to thuggery and criminal acts. The constraints faced are the weakness of the planning system in developing a thuggery prevention plan. Optimizing the prevention of thuggery through bina kusuma operations at the Polres Tanah Datar can be done by realizing coordination and synchronization between district governments to jointly integrate and synchronize each task and its responsibilities according to its authority.
PERLINDUNGANSAKSI PELAPOR DALAM PERKARA PENYALAHGUNAAN NARKOTIKA PADA TINGKAT PENYIDIKAN (Studi Pada Satuan Reserse Narkoba Kepolisian Resor Kota Padang) Amris, Anton
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.48

Abstract

The protection of the reporter as a witness who is willing to provide information for the purpose of disclosing criminal acts of drug abuse is regulated in Article 5 of Law Number 31 Year 2014 concerning Protection of Witnesses and Victims and Article 100 of Law Number 35 Year 2009 concerning Narcotics. The need for reporters to be given protection is very important to increase the participation of the community in helping law enforcement officers prevent and eradicate and disclose the proliferation of narcotics circulation. But in practice there are still many witnesses who do not want to provide information due to the lack of adequate guarantees for the protection provided by law enforcement officials.
PENGATURAN KEWENANGAN KANTOR OTORITAS BANDAR UDARA DALAM PELAKSANAAN PENGAWASAN BANDARA MENURUT UNDANGUNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN (Studi Bandar Udara Minangkabau) Prasetya, Doni
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.49

Abstract

Aviation security and safety has an important and strategic role in flight management, so that its operation is controlled by the State of Coaching carried out by the government in a unified civil aviation security and safety service system. Law No. 1 of 2009 concerning Aviation is to improve the surveillance system for airlines, including flight operators. In carrying out its duties, namely ensuring the level of suitability of the operator's application with applicable international rules. Therefore, the Minister of Transportation Regulation No. PM 41 of 2011 was formed concerning the Organization and Work Procedures of the Office of the Airport Authority (Minister of Agriculture Regulation No. 41 of 2011). This Ministerial Regulation changes the procedures of the previous organization, namely the Airport Administrator Office. This is an effort to realize the flight operations that are safe, secure, fast, smooth, orderly and integrated and integrated with other modes of transportation. Based on the results of the discussion and analysis it can be concluded that the Airport Authority Office of Region VI Padang as the Technical Implementation Unit, in the supervision function has become the duty and responsibility to monitor all activities of airport aerialism. In accordance with the regulations applicable, the Office of the VI - Padang Airport Authority conducts programs such as conducting field monitoring, conducting inspections, conducting Ramp checks and socializing the community and elements related to the latest regulations on aviation. The obstacles found in the implementation of the authority of the Airport Authority Office in the implementation of airport supervision there are still negligent / careless airline operators to follow up on issues found in the field which is a great potential that can threaten aviation safety and flight security. It still lows the fulfillment of the quality and quantity of Flight Inspectors and administrative officers at the Office of the Airport Authority. HR of both quality and quantity is still inadequate in carrying out its duties and functions.
PERAN PT. PEGADAIAN (PERSERO) DALAM PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Muhammad, Budi
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.50

Abstract

Articles 111 to 126 of Law No. 35 of 2009 concerning Narcotics, determine the difference in criminality for narcotics abuse based on the severity of the evidence of abused narcotics. For this purpose the investigator must weigh the evidence by working with PT. Pawnshop. This research specification is Descriptive Analysis. The role of PT. Pegadaian (Persero) Padang in Narcotics Criminal Investigation is in the case of proof of narcotics crime in the activity of weighing the weight of evidence of drugs, must attach a request for weighing evidence of drug evidence and after completion of the weighing, a Minutes must be signed signed by both parties and witnessed by witness investigators or auxiliary investigators and suspects. Constraints include the lack of sophisticated tools that can be used accurately in weighing evidence of narcotics. On PT. Pegadaian holidays it is not open, while the detention process must be continued, and based on legal certainty, the law enforcement process must be quickly carried out. Lack of Human Resources at PT Pegadaian who is expert in weighing.
PENERAPAN PRINSIP LOCUS DELICTI DALAM PENYIDIKAN TINDAK PIDANA DI WILAYAH PERAIRAN (Studi Pada Direktorat Kepolisian Perairan Kepolisian Daerah Sumbar) Chandra, Renol
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.51

Abstract

Article 73 of Law Number 45 of 2009 concerning Fisheries regulates the authority to investigate criminal acts in territorial waters by Aquatic Police Investigators. In the territorial waters there are so many criminal acts that occur where the crime scene (locus delicti) is in the territorial waters. To determine the place of occurrence of a crime is not easy, but determining the location of a crime case plays an important role for various problems in the criminal procedural law, namely concerning the interests of investigation and the relative competence of the court that will examine the case, as faced by Ditpolair Polda Sumbar in investigating fisheries
PEMBERIAN BANTUAN HUKUM BAGI ANGGOTA POLRI MELALUI PENERAPAN MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA Mayendi, Eri
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.52

Abstract

The provision of legal assistance by the Regional Police Law is regulated in the Regulation of the Head of the Republic of Indonesia National Police Number 2 of 2017 concerning Procedures for Providing Legal Aid by the Indonesian National Police. The specifications in this study are descriptive analytical. The results of the study are First, Implementation of the settlement of criminal acts by applying penal mediation by legal counsel from the legal field of the Regional Police is to play a role in encouraging or proposing the selection of case settlement in non-litigation, facilitating the implementation of reasoning mediation, and becoming mediators. Advocates offer mediation only to apology or peace statements without being able to eliminate criminal justice processes for perpetrators. Victims who are not willing to be resolved by reason mediation and still demand that the case continue to the next stage as well as uncooperative suspects and the lack of understanding of the community regarding the use of reasoning mediation. They consider the reasoning mediation process pursued by legal advisors originating from the Polda legal field is an effort to free criminal offenders who have harmed the community.
OPTIMALISASI PENANGGULANGAN PUNGUTAN LIAR OLEH DIREKTORAT RESKRIM KHUSUS KEPOLISIAN DAERAH SUMATERA BARAT Purba, Binsar Henson
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.54

Abstract

National extortion measures are regulated in the Republic of Indonesia Presidential Regulation Number 87 of 2016 concerning the Task Force for Clean Sweep of Illegal Levies. In West Sumatra, based on the West Sumatra Governor Decree number 0710-1247-2016, a Saber extortion team was formed. Various efforts have been made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies both repressively and preventively, but still need to be optimized again. This research specification is Descriptive Analysis. The efforts made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies are pre-eminent by instilling good values ​​/ norms so that these norms are internalized in a person. Furthermore, it is a preventative effort by conducting socialization to community service offices, making billboards / banners about illegal levies; and giving appeals to the public and repressive actions by taking legal action against illegal payments which are indicated as criminal acts. optimizing the role of the Ditreskrimsus Regional Police of West Sumatra in tackling illegal levies is done by increasing the capacity of the police organization's resources and the Criminal Policy approach in the form of a reasoning and non-reasoning policy.
PERLINDUNGAN HUKUM TERHADAP PETUGAS LEMBAGA PEMASYARAKATAN DALAM PELAKSANAAN TUGAS PENGAMANAN PADA LAPAS KLAS IIA PADANG M.H, Ernawati
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.55

Abstract

Legal protection against Correctional Officers in carrying out security duties is based on Law No. 12 of 1995 concerning Correctional Services. Given the risks posed by security duties at Correctional Institutions, the Security Officers need to be given legal protection so that the aims and objectives of implementing security tasks can be achieved. which in turn the correctional goals themselves can be realized. With such a background, there are two main problems in implementing legal protection against correctional officers, namely: First What is the legal protection of Correctional Officers in the implementation of security duties at the Padang Class IIA Correctional Institution? Second What are the Constraints of Constraints encountered in the Implementation of Legal Protection for Correctional Officers in the Implementation of the Duty of Security at the Padang Class IIA Correctional Institution? The implementation of legal protection in terms of answering the existing problems, which is seen in the implementation in Padang Class IIA Lapas can be understood that the legal protection of correctional officers in Lapas Klas IIA Padang is carried out based on legal provisions regarding correctional facilities. In this case Padang Class IIA Lapas provides legal protection to correctional officers in carrying out security duties carried out in accordance with applicable legal rules concerning correctional duties and legal rules regarding security itself. The rule of implementative law regarding correcting about safeguards refers to legal rules regarding correctional codes of ethics and legal rules concerning the security of prisons regulated in Permenkumham Number M.HH-16.KP.05.02 of 2011 concerning the Code of Conduct for Correctional Staff and Permenkumham No. 33 of 2015 concerning Security at Penitentiary Institutions and State Detention Houses. The implementation of legal protection against correctional officers in carrying out security duties is carried out based on these legal rules, so that legal protection for correctional officers can be provided in the event that correctional officers carry out security duties based on applicable legal rules.
PENCEGAHAN TINDAK PIDANA KORUPSI PADA BIRO SARANA PRASARANA KEPOLISIAN DAERAH SUMATERA BARAT MELALUI PENERAPAN SISTEM ELEKTRONIK PENGADAAN BARANG/JASA Mairust, Supriadi
UNES Law Review Vol. 1 No. 4 (2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i4.56

Abstract

The West Sumatra Regional Police has implemented the procurement of auctions electronically through the West Sumatra Regional Police Infrastructure Bureau. Deviations in the process of procuring goods and services that are detrimental to state finances are a form of corruption. Efficient and effective procurement of government goods / services is an important part of improving state financial management. One of the manifestations is by implementing the process of procurement of government goods / services electronically. This research is a descriptive analytical study. The implementation of the electronic system for the procurement of goods / services auction at the West Sumatra Regional Police Infrastructure Bureau has provided all data and information stored by the LPSE Polri or LPSE Polda to be connected to the national goods / services procurement information center at LKPP as the national procurement portal manager. LKPP, as the manager of the national procurement portal, has the authority to provide guidance and supervision over the implementation of procurement of goods / services electronically within the Indonesian National Police. All costs incurred in managing LPSE are borne by the National Police DIPA. Constraints encountered in the application of electronic systems for the procurement of goods / services at the West Sumatra Regional Police Infrastructure Bureau were due to factors such as: Internal Constraints and External Constraints

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