cover
Contact Name
Iyah Faniyah
Contact Email
editor.unesreview@gmail.com
Phone
+6285263256164
Journal Mail Official
editor.unesreview@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Kota Padang
Location
Kota padang,
Sumatera barat
INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
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 3,910 Documents
PERLINDUNGAN KREDITOR ATAS KEWENANGAN MUTLAK OTORITAS JASA KEUANGAN TERHADAP PERMOHONAN PERNYATAAN PAILIT PERUSAHAAN PERBANKAN Khardin Khardin; Anwar Borahima; Winner Sitorus
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.760

Abstract

The revocation of a bank's business license by OJK does not eliminate its status as a bank. Therefore, there is no opportunity for Creditors to apply bankruptcy statements for a bank because this authority absolutely rests with the OJK. Legal protection for Creditors can be pursued by the OJK by immediately resolving the bank through bankruptcy proceedings if the liquidation process is problematic, or the liquidation team formed by LPS gives advice to the OJK to make bankruptcy efforts if liquidation process it is found that the amount of debt is higher than the bank's assets, or the Creditor may take other legal remedies by filing a civil lawsuit on the basis of default. This research is a normative legal research. The type of it uses is a statute and conceptual approaches. The types and sources of legal materials used are primary legal materials and secondary legal materials related to the object of research. Literature research used to collect legal materials. This research uses a qualitative analysis which is prescriptive.
PEMAKSAAN KONSEP TRIAS POLITICA PADA KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI DALAM SISTEM KETATANEGARAAN INDONESIA Mashudi Mashudi; Prihatin Effendi; Abdul Basid; Abu Rizal Fadli
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.761

Abstract

This article analyzes the coercion of trias politica on the KPK's position in the Indonesian constitutional system in Act Number 19-year 2019 concerning KPK, which the author limits to three issues: first, the background of KPK institution in Indonesia, secondly the position of KPK in Indonesia's constitutional system after the revision of the KPK’s Act, and third analysis the KPK's position. This research is normative legal research with statutory approach, conceptual approach, historical approach, and comparative approach. The results show that the background to the existence of the KPK in Indonesia is due to the inability of conventional institutions to resolve corruption, namely the Police and the Attorney General's Office which incidentally are part of the executive. The position of KPK in the state administration system in Indonesia after the revision of the KPK’s Act has been transformed into part of the trias politica concept, namely the executive branch. And the transition of the KPK's position in the state administration system in Indonesia to being part of the Executive clearly imposes the concept of trias politica which is outdated. KPK should remain an independent institution that can be aligned with the trias politica, as many other countries have done.
PERLINDUNGAN HUKUM TERHADAP KERUGIAN KREDITUR DALAM PERJANJIAN LISAN HUTANG PIUTANG AKIBAT WANPRESTASI DENGAN PEMBUKTIAN ELEKTRONIK Arina Dewi Fortuna; Arikha Saputra
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.762

Abstract

The case of debts and receivables fulfilling deaflut in the case of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg was caused by the negligence of the debtor which caused the creditor to suffer losses. To obtain its rights, the creditor must prove the existence of the agreement. However, such contracts are only oral in nature and therefore have weak legal force. To prove the debtor’s negligence, creditors use electronic evidence in the form of screenshoot of Whatsapp messages and proof of transfers. Electronic evidence submitted is considered valid evidence under UU No.19 tahun 2016 tentang ITE. This research case is normative legal research and the research method is descriptive analysis. Analysis of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg. The results of research on the decision concluded that the legal protection of oppression was given after a dispute arose or was resolved. In this case the creditor filed a lawsuit with The Padang Distric Court to get the fairest settlement. According to creditors to seek legal protection for bankrupt debtors in court when the plaintiff appears to have bad intentions and is evasive. Until the final decision, the plantiff and the defendant must fulfill their obligations under the agreement.
PERANAN JAKSA PENUNTUT UMUM PADA LINGKUP KEJAKSAAN TINGGI PAPUA DALAM PELAKSANAAN DIVERSI PADA PELAKU TINDAK PIDANA ANAK Nasrullah Nasrullah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.763

Abstract

Child development cannot be separated from the development of community life in the environment where the child is. National development is a process of modernization of globalization which is difficult to avoid in terms of communication, information, and technology, bringing positive and negative consequences. The positive aspects include adding insight and abilities to children in particular. Meanwhile, from the negative side, there are many child cases that occur as a result of the influence of technology, so that many children become victims of crimes, both from rape and obscenity. under the juvenile justice system. Prosecution of juvenile crimes is in conflict with the law because the application of criminal sanctions to juvenile cases in the juvenile justice system is different from the application of sanctions to the adult criminal justice system. Underlying this, this study aims to find out how effective the role of the Public Prosecutor is in implementing diversion against juvenile offenders at the Papua High Court and what factors affect the effectiveness of the role of the Public Prosecutor in implementing diversion against juvenile offenders at the Papua High Court. This type of research is empirical legal research, using primary data and secondary data. The problem approach in this study is the statutory approach (statute approach) by comparing its implementation when a health emergency occurs in Makassar City. The results of this study indicate that the implementation of the criminal act of health quarantine in the Covid-19 health emergency in Makassar City has not proceeded in accordance with the law. This is influenced by law enforcement factors, facilities and infrastructure, and community cultural factors.
IMPLEMENTASI PENEGAKAN HUKUM TINDAK PIDANA PERUNDUNGAN (BULLYING) OLEH ANAK DI KOTA WATAMPONE Muh. Hasby Fathurrahman Salewangeng; Muhadar Muhadar; Nur Azisa
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.764

Abstract

From 2011 to 2015 at least 1,850 cases of bullying occurred at school and outside school. This research reviews two problems, How is the enforcement implementation of law enforcement of criminal disputes (bullying) by children in Watampone towns and any factors that hinder the implementation of law enforcement (bullying) by children in the city of Watampone. The kind of research used is empirical legal studies or research law sociological or research field law. Reviewed from the number of cases bullying by high-counted children despite efforts such as bullying-related counseling at school. This can be concluded that the case of bullying by the child was not found at the watampone state court compared to the number of cases existing. The factors that hamper law enforcement ( bullying ) perundungan crimes by children in a city watampone not run according to the rules and the law, the law enforcement, the facilities and infrastructure, the people and the culture. Reviewed by the enforcement factor of bullying by children in the city of Watampone, the surrounding environment should pay more attention to the behavior of children so that they do not trigger the occurrence of bullying by children.
Analisis Dakwaan atas Tindak Pidana Mendistribusikan Informasi Elektronik yang Melanggar Kesusilaan di Kejaksaan Negeri Padang Wiza Fitria; Lola Yustrisia; Syaiful Munandar
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.765

Abstract

State institutions that exercise State power, especially in the field of prosecution, are called the Prosecutor's Office of the Republic of Indonesia. The Prosecutor's Office is a body that has authority in law enforcement and justice, the Prosecutor's Office itself is led by the Attorney General, the High Prosecutor's Office and the District Attorney's Office which is an integral and inseparable whole. The indictment for the Public Prosecutor is the basis for proving Juridical Analysis, filing charges and legal remedies by the prosecutor. The type of research used is empirical juridical, which is research oriented to data collection at the location. As for the results of research on the consideration of the public prosecutor in making charges, the first thing that is done is in terms of case files, case files from investigators that have been declared complete by the investigating prosecutor are poured into the form of P-21. In the sense that the case file is declared complete because it has met the formal and material requirements. The public prosecutor uses the alternative indictment i.e. first, second or third, The alternative indictment is made in the form of an indictment that includes two or more several Articles that are placed the word "or" indicating the nature of the alternative, the public prosecutor still doubts what type of crime is actually appropriate to be charged. And give the judge the opportunity to choose one of the charges filed in the indictment
Penegakan Hukum terhadap Kekerasan Seksual dalam Lingkungan Perguruan Tinggi di Indonesia Rani Pusdikawati; Ahmad Jamaludin
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.766

Abstract

Sexual violence has become an urgent issue in Indonesian higher education institutions. The increased freedom and diversity in campus social interactions make students vulnerable to becoming victims. The rising number of reports and cases of sexual violence in universities has serious consequences for the victims and disrupts the academic climate and quality of education. Addressing sexual violence in higher education institutions poses unique challenges due to factors such as the lack of awareness about victims' rights, feelings of shame or fear in reporting incidents, and the potential intimidation from related parties, which often hinder law enforcement efforts. Therefore, enforcing laws against sexual violence in university settings becomes crucial. This research employs a normative juridical method with a qualitative approach. Data is collected through library studies and research on relevant literature and documents. The research aims to describe the symptoms of sexual violence in higher education institutions and identify law enforcement and prevention efforts that have been implemented.As a step to address sexual violence in higher education institutions, on May 9, 2022, the President of the Republic of Indonesia approved Law No. 12 of 2022 on Sexual Violence Criminal Acts. Additionally, the government has issued Minister of Education, Culture, Research, and Technology Regulation No. 30 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education Institutions.Preventive and handling efforts for sexual violence are conducted by establishing task forces in universities, formulating prevention and handling guidelines, providing training and socialization on gender equality and sexual health education, as well as offering reporting services for sexual violence. With effective implementation of these laws and policies, it is hoped that sexual violence in higher education institutions can be minimized, ensuring a conducive learning environment and providing positive impacts for the entire academic community.
Penegakan Hukum terhadap Admin Judi Online berdasarkan Pasal 27 Ayat (2) Undang-Undang Republik Indonesia No. 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Bruce Anzward; Sri Endang Rayung Wulan; Nihaya Lila Utami
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.767

Abstract

Indonesia as a developing country continues to strive to advance its resources, especially technology in the field of communication, becoming one of the rapidly growing and accepted fields in human life. convenience for their lives, especially with the internet media in it. The internet not only has a positive impact but also has a negative impact. One of the negative impacts that is happening and is currently rife among the public is online gambling games. The problem approach used in this study is a normative juridical approach. The approach taken is an approach on matters of a juridical nature which uses legal materials such as laws, books, related journals. The ITE Law in Article 45 paragraph (2) and also Article 27 paragraph (2) will only serve as objects used to ensnare gambling which has been explained by Article 303 of the Criminal Code in electronic media. So that the point of reading the sentence regarding gambling is in Article 303 of the Criminal Code. It is not enough to carry out the activities, but all of them must be supported by the inner attitude of the perpetrators themselves. Where in Article 303 of the Criminal Code it is explained that the inner attitude of the perpetrator must be "deliberately". The doctrine of mens rea is referred to as the basis of criminal law, in practice even added criminal liability may disappear if there are conditions that forgive. This later must be considered when asking for criminal liability for link spreaders that contain gambling content.
PENGARUH LINGKUNGAN KERJA, PELATIHAN KERJA, DAN DISIPLIN KERJA TERHADAP PRODUKTIVITAS GURU PADA SMK ISLAMIC CENTER BERBASIS PONDOK PESANTREN SULAWESI TENGAH Muhammad J Wartabone
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.768

Abstract

This study aims to determine the work environment, job training, and work discipline on teacher productivity. The object of this research is Islamic Center Vocational School Teachers based on Central Sulawesi Islamic Boarding Schools engaged in education. The variables used in this study as independent variables are work environment, job training, and work discipline and the dependent variable is teacher productivity. This type of research is descriptive quantitative. This study used a sample of 62 respondents, the data collection technique was a questionnaire (questionnaire). Analysis of the data used is the validity test, reliability test and hypothesis testing. The data were analyzed using multiple regression methods. Then tested by t-test and F-test with a confidence level of 5 percent. As a requirement analysis test, data analysis techniques, and hypothesis testing used is SPSS 25 analysis.
Pendaftaran Tanah Untuk Keamanan Kepemilikan Hak Atas Tanah: Tinjauan Studi Literatur Dinda Keumala
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.769

Abstract

Land registration is an activity carried out to obtain legal certainty and provide security of ownership of land rights. The problem in this research is what is the purpose of land registration, what is the cause of illegal occupation and control of land rights / land disputes and which countries are used as objects of research on land registration related to the security of ownership of land rights that have been carried out. This research uses a literature review. The results found that there is a close relationship between the objectives of land registration activities carried out can provide security of ownership of land rights and reduce the occurrence of land disputes, and the countries used as objects of research are mostly countries prone to land conflicts.

Page 55 of 391 | Total Record : 3910


Filter by Year

2018 2026


Filter By Issues
All Issue Vol. 8 No. 3 (2026) Vol. 8 No. 2 (2025) Vol. 8 No. 1 (2025) Vol. 7 No. 4 (2025) Vol. 7 No. 3 (2025) Vol. 7 No. 2 (2024): UNES LAW REVIEW (Desember 2024) Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) Vol. 7 No. 2 (2024) Vol. 7 No. 1 (2024) Vol. 6 No. 4 (2024) Vol. 6 No. 3 (2024) Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) Vol. 5 No. 3 (2023): UNES LAW REVIEW (Maret 2023) Vol. 6 No. 2 (2023) Vol. 6 No. 1 (2023) Vol. 5 No. 4 (2023) Vol. 5 No. 3 (2023) Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022) Vol 5 No 2 (2022): UNES LAW REVIEW (Desember 2022) Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022) Vol. 5 No. 1 (2022): UNES LAW REVIEW (September 2022) Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022) Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022) Vol. 5 No. 2 (2022) Vol. 5 No. 1 (2022) Vol. 4 No. 4 (2022) Vol. 4 No. 3 (2022) Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021) Vol 4 No 1 (2021): UNES LAW REVIEW (September 2021) Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021) Vol 3 No 3 (2021): UNES LAW REVIEW (Maret 2021) Vol. 4 No. 2 (2021) Vol. 4 No. 1 (2021) Vol. 3 No. 4 (2021) Vol. 3 No. 3 (2021) Vol 3 No 2 (2020): UNES LAW REVIEW (Desember 2020) Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020) Vol 2 No 4 (2020): UNES LAW REVIEW (Juni 2020) Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020) Vol. 3 No. 2 (2020) Vol. 3 No. 1 (2020) Vol. 2 No. 4 (2020) Vol. 2 No. 3 (2020) Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019) Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019) Vol. 2 No. 2 (2019) Vol. 2 No. 1 (2019) Vol. 1 No. 4 (2019) Vol. 1 No. 3 (2019) Vol. 1 No. 2 (2018) Vol. 1 No. 1 (2018) More Issue