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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 3,910 Documents
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PERANAN PEMBIMBING KEMASYARAKATAN KASUS PERUNDUNGAN (BULLING) DENGAN SISTEM DIVERSI BERDASARKAN UU RI NO 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Banias Sariadi; Asep Herman
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.v5i4.798

Abstract

In the 1945 Constitution (UUD 1945) Article 28B paragraph 2 states that children are the future of a nation that needs protection for the lives of children to guarantee the right of every child to live, grow and develop. In legal problems, children are always exposed to criminal cases which are often found in the community which always cause problems with the association of children, both as suspects and victims of a crime. Criminal cases are generally rigid and standard in nature to resolve the problem of a case with minors because it is always linked to the child's parents. Soa juvenile criminal settlement is needed which has the principle of prioritizing the best interests of the child and presenting restorative justice. Method: Using Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) and Supreme Court Regulation (PERMA) Number 04 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System, the process of settling child cases can be carried out outside the criminal or ordinary mechanisms known as Diversion. Findings: research results According to the SPPA Law, Differentis the transfer of settlement of child criminal cases from the criminal justice process to processes outside the criminal justice. Diversion has the goal of achieving peace between victims and children by facilitating the role of community counselors and resolving child cases outside the judicial process to prevent children from being deprived of independence and encouraging the community to participate in instilling a sense of responsibility towards children. Conclusion: Settlement of juvenile criminal cases through diversion can also be described as a system when the facilitator's role as a social advisor regulates the process of resolving conflicting parties to achieve a satisfactory resolution as restorative justice.
PERLINDUNGAN HUKUM TERHADAP PERJANJIAN PERKAWINAN ATAS HARTA BERSAMA AKIBAT PERCERAIAN Fista Hery Nooryanto; Maria Yosepin Endah Listyowati; Diyah Setyaningrum
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.v5i4.799

Abstract

The purpose of the study is to identify the legal protection of marital agreements on joint property due to divorce and the benefits of marital agreements as a form of prevention, as well as legal protection of husband and wife's property in the event of divorce. The research method with a normative approach using a conceptual approach analyzes the problem using legal theory and conducts research on legislation that applies and is relevant to the problem. A marriage agreement is considered valid if it is made in writing in the form of a notarial deed before a notary and legalized by the civil registry, namely the KUA for those who are Muslims and a legal entity of citizenship for non-Muslims. Islam. and register with the local District Court, as stated in Chapter V Article 29 Paragraph (I) of the Marriage Law with the Constitutional Court Decision Number 69/PUU-XIII/2015 and its contents also apply to other parties who have an interest. It is concluded that the legal protection of a marriage agreement on joint property due to divorce provides freedom in determining the time for couples to make a marriage agreement and protect their property in the event of a divorce.
Urgensi Penyelesaian Non Litigasi Online dalam Sengketa Bisnis Layanan Pendanaan Bersama Berbasis Teknologi Informasi Adi Muliawansyah Malie; Talitha Alfreda Sathya; Alysha Refiananda; Nur Ilmi Anbiya
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.v6i1.801

Abstract

Permasalahan dalam Layanan Pendanaan Bersama Berbasis Teknologi Informasi (LPBBTI) yang kerap terjadi ialah seperti penerima dana yang berujung gagal bayar hingga penagihan pinjaman dan data pribadi disalahgunakan. Berdasarkan hal tersebut, patut digali terkait perlindungan hukum represif dalam penyelenggaraan Layanan Pendanaan Bersama Berbasis Teknologi Informasi (LPBBTI), mengingat keseluruhan kegiatannya ialah dilakukan secara online. Hal tersebut ialah kemudian dapat mengetahui bagaimana perwujudan asas penyelesaian sengketa secara cepat, sederhana, biaya ringan, dan bermanfaat secara berkelanjutan. Tipe penelitian ini ialah penelitian normatif, dengan pendekatan peraturan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa penyelesaian sengketa dalam Layanan Pendanaan Bersama Berbasis Teknologi Informasi (LPBBTI) cenderung dilakukan melalui litigasi secara online. Pengaturan mengenai non litigasi secara online terkait hal tersebut belum diatur di Indonesia. Non litigsi secara online menjadi urgensi untuk mewujudkan penyelesaian sengketa secara cepat, sederhana, biaya ringan, dan berkelanjutan sekaligus sebagai perwujudan perlindungan hukum terhadap para pihak dan perekonomian nasional yang baik, serta dunia bisnis yang sehat. Kepastian hukum terkait pengaturannya tersebut dengan ini perlu untuk diwujudkan.
PERTANGGUNGJAWABAN HUKUM DOKTER: SUATU TINJAUAN DALAM PERSPEKTIR HUKUM KESEHATAN M. Adnan Lira
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.v5i4.802

Abstract

Doctors are a noble profession that must be protected from wrongful criminalization because of their duty to save human lives. This does not mean that doctors have absolute legal immunity and cannot be prosecuted if it is proven that they violated the patient's rights. The goal of this article is to examine the doctor's legal liabilities through the perpespective of medical law. Through library research, the issues are analyzed using a normative and conceptual approach to primary and secondary legal materials. As a type of contract, the relationship between doctors and patients is governed by law. As a result, a doctor can face legal consequences under both criminal and civil law. In terms of criminal law, a doctor who fails to perform his duties and profession in accordance with procedures may be subject to a number of Criminal Code provisions, particularly if the patient dies as a result of his negligence. Furthermore, any unlawful act that harms a third party gives rise to a civil law obligation on the person who unintentionally caused the injury to make up for the harm. If an intentional or negligent act results in a damage to or disability of a limb, the victim is entitled to compensation for the costs of healing as well as compensation for losses brought on by the injury or disability.
PERTANGGUNGJAWABAN PEJABAT NEGARA YANG MELAKUKAN PENYALAHGUNAAN KEWENANGAN (MENURUT PERSPEKTIF HUKUM ADMINISTRASI NEGARA) Yudistira Yudistira
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.v5i4.803

Abstract

Accountability for the actions of the government arises from the existence of 2 things, namely the existence of authority and the existence of rights and obligations. The authority of these rights and obligations is an act of the government that must be accounted for. Government accountability is in the form of legal accountability (criminal, civil and state administration) There are 3 types of accountability for state officials morally, namely : Hierarchical responsibility, responsibility for a political product is borne by the person with the highest position in the chain of formal and informal authority. Collective Responsibility, based on the premise that many political products are the result of the actions of many different people, so that individual contributions may not be identified at all and certainly cannot really be distinguished from the contributions of others. An official is morally responsible for a policy product only if (1) the official's actions or omissions are the cause of the policy product; and (2) these acts or omissions were not committed in ignorance or under duress. Furthermore, legal responsibility under the Act. No. 30 of 2014 concerning Government Administration of Government Internal Supervisory Apparatuses (APIP) and the State Administrative Court conduct an examination if the policy carried out is found to be in the form of losses. Efforts that can be made to prevent abuse of authority by state officials Preventive or prevention efforts can be carried out by means of: Anti-corruption education, Anti-corruption campaigns, one topic. Socialization on the eradication of criminal acts of corruption, organized through education and training activities, seminars, workshops, discussions, upgrading, lectures and religious sermons with the aim of creating public awareness and legal compliance in order to participate in assisting state administrators Research, study and development of eradicating corruption crimes.
ANALISIS YURIDIS PENANGGULANGAN PENYALAHGUNAAN DATA PRIBADI DALAM BENTUK PHISING YANG DILAKUKAN OLEH PAID VERIFIED ACCOUNT DI MEDIA SOSIAL MENURUT UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI Dewana Saputra; Zaid Alfauza Marpaung
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.v5i4.804

Abstract

This research discusses the handling of personal data abuse in the form of phishing carried out by paid verified accounts on social media according to Law Number 27 of 2022 concerning Personal Data Protection. The problem raised in this study is the rampant phishing crime against personal data abuse on social media. The research method used in this study is juridical-normative with sources of legal materials, namely: Laws, previous legal research results, opinions of legal experts, works from legal experts and other sources of information that are useful for this study. The results of this study reveal that the Personal Data Abuse Law in tackling phishing crime against personal data abuse, by strengthening personal data protection through several efforts, such as imposing sanctions, establishing a special authority agency, encouraging the government to strengthen cyber security and increasing digital literacy for the community as a form of participation. with the aim of minimizing the possibility of personal data abuse, such as phishing on social media by paid verified accounts. The handling of personal data abuse through the Personal Data Protection Law is good if it is fully implemented, but it would be even better if various modus operandi of personal data abuse could be explicitly or clearly written in it, so that there are no gaps for violators to escape from the articles of the Personal Data Protection Law. Then regarding the Personal Data Protection Authority Agency must stand independently and independently, so that there is no conflict of interest that can injure and disrupt the enforcement of personal data protection in Indonesia.
Perlindungan Hukum bagi Penggadai Tanah Pertanian dihubungkan dengan Undang-Undang Nomor 56 Tahun 1960 Tentang Penetapan Luas Tanah Pertanian Andri Susanto; Yuniar Rahmatiar; Muhamad Abas
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.v6i1.805

Abstract

One of the contents of Law Number 56 of 1960 concerning Determination of Agricultural Land Areas regulates the implementation of land mortgages. In reality, many mortgages last for years or even decades, and some are even continued by the heirs of the pawn holder, because the mortgagee is unable to buy back his land. The formulation of the problem in this study. First, what is the legal protection for pawning agricultural land based on Law Number 56 of 1960 concerning Determination of Agricultural Land Areas. Second, how to resolve disputes arising from the implementation of agricultural land mortgages. The purpose of the research is of course to answer the formulation of the problem in this research. This research is a normative research using a normative juridical approach. As for the results of the first study, protection for pawnbrokers eliminates the obligation to pay off debts if it has reached 7 years. Second, settlement of disputes arising from the implementation of land pledges can be pursued through non-litigation and litigation both civil and criminal.
PENYELESAIAN PERKARA PIDANA ANAK YANG BELUM BERUMUR 12 (DUA BELAS) TAHUN PADA TINGKAT PENYIDIKAN DI POLRESTA PADANG Suryadinata LBN Gaol; Elwi Danil; Aria Zurnetti
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.v5i4.806

Abstract

Investigators, social counselors and professional social workers must work together and coordinate with each other so that the stages as stipulated in Government Regulation No. 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Who Are Not Yet 12 Years Old, the initial initiative for implementing this government regulation in The investigator's hand is supported by the role of social counselors and professional social workers in making decisions whether the perpetrators of children who are not yet 12 years old are returned to their parents/guardians or put in LPKS. The type of research used in this study is an empirical juridical approach and is descriptive analysis in nature. The roles of Investigators, Community Counselors and Professional Social Workers have their respective roles in coordinating the decision making of perpetrators of children under the age of 12 as stipulated in Government Regulation No. 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Underage Children 12 years old. the initial initiative for implementing these government regulations lies in the hands of investigators supported by the role of social counselors and professional social workers in making decisions whether the perpetrators of children who are not yet 12 years old are returned to their parents/guardians or admitted to LPKS.
KEPASTIAN HUKUM PRINSIP PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) SERTA PERANAN NOTARIS BERDASARKAN PERMENKUMHAM NOMOR 15 TAHUN 2019 Fatrul Razi; Rembrandt Rembrandt; Yussy Adelina Mannas
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.v5i4.807

Abstract

Notaries as public officials have an obligation to apply the principle of recognizing beneficial owners in a corporation where this obligation is not regulated in UUJN. On the one hand, a notary does play an important role in disclosing beneficial ownership of a corporation, but on the other hand, the transparency of beneficial ownership disclosure must be based on honest and clear information from parties representing the corporation. This is due to the existence of beneficial ownership which cannot be fully detected by a notary. The problems are what are the legal consequences if the principle of recognizing beneficial owners (BO) is not implemented and what is the urgency of applying the principle of recognizing beneficial owners (BO) in carrying out notary duties. This legal research uses normative legal research, namely library research, which is a data collection method by studying books, laws and regulations, and writings related to this research. While the nature of the research is analytical descriptive, that is, it gives a clear and detailed description of an event that occurred. The results of research on legal consequences if the principle of recognizing beneficial owners (BO) is not implemented are given administrative sanctions, namely revoking the notary's license if violations are found, supervision in the implementation of the application of the BO principle is carried out by the Minister of Law and Human Rights through the Director General of General Legal Administration. Meanwhile, the notary's responsibility for the deed he made is that in civil terms the notary is only responsible for the head of the deed, meaning that it contains the authority of the appearers in signing the deed, then for the closing deed which contains the authority of the witnesses then the appearers are confronted with signing the deed, whereas against contents of the deed the notary is only responsible that the deed he made does not violate the clauses prohibited by law and the provisions stipulated in Article 1320 of the Civil Code. Criminally, a notary can be prosecuted in court if at a later date, the competent authorities can prove that the notary has consciously entered information that benefits one party and harms the other party. And the urgency of applying the principle of recognizing beneficial owners (BO) in carrying out notary duties is that basically the obligation to disclose beneficial ownership is carried out by parties who wish to use the services of a notary. The role and position of a notary is as a supporting system in disclosing beneficial ownership of a corporation, namely in this case during the process of inputting data related to the establishment or changes to the corporate statutes/bylaws. Thus the obligation related to disclosure of beneficial ownership cannot be borne by the notary but the service user.
PENAGIHAN UTANG PAJAK MELALUI SURAT PAKSA ATAS HARTA KEKAYAAN PENANGGUNG PAJAK YANG TERSIMPAN DI BANK OLEH KANTOR PELAYANAN PAJAK PRATAMA PADANG DUA Ashfihani Basnur; Yuslim Yuslim; Khairani Khairani
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.v5i4.808

Abstract

The confiscation of the assets of the Taxpayer has been regulated in the Tax Collection Law with a Forced Letter. There are many tax arrears and additional debt by taxpayers every year with the realization of the disbursement of tax arrears that is not balanced with the number of existing tax arrears. The problems that occurred at KPP Pratama Padang Dua had not fully complied with the procedures and provisions of the General Tax Provisions Law and the Law on Tax Collection by Forced Letter. The main problem in this research is how is the implementation of collecting tax debts with a forced letter and what is the mechanism for using the assets of the tax bearer stored in the bank as a debt settlement. This legal research uses an empirical juridical approach, namely a research that uses an approach to the problem by looking at the applicable legal norms and then connecting it with the legal facts contained in the field. While this type of research is descriptive analytical. Data collection techniques were carried out through structured interviews and document studies. The results of the research implementation of the collection of tax debts with forced letters are first, basically tax collection is carried out if the tax bearer does not pay off the tax debt and tax collection fees, second, against the tax bearer who does not pay off the tax debt, officials can take action to collect taxes, third, implementation Tax Collection stages are carried out in accordance with statutory provisions in the field of Tax Collection with Distress Warrants, fourth, the implementation of Tax Collection stages is carried out against Tax Bearers by considering the order of priority. However, the priority is the significant value of the tax debt. The problems that occurred at KPP Pratama Padang Dua had not fully complied with the provisions of the KUP Law and the PPSP Law. And the mechanism for using the taxpayer's assets stored in the bank as a debt settlement, namely when a forced letter has been issued, at least 2x24 hours directly block the account, the way the KPP writes to the destination bank, then the bank blocks it, the bailiff (tax officer) will meet the taxpayer to discuss how payment will be made, if the taxpayer will pay off with money in a blocked account before 14 days, then the officer makes a billing and Minutes of Overbooking and an unblocking letter but if more than 14 days there is no response from the taxpayer, then the Officer can can directly transfer to the tax payable. However, in this case KPP Pratama Padang Dua has not fully implemented it for tax arrears whose accounts have been blocked. The settlement of tax debts with the assets of the taxpayers stored in the bank has been carried out by KPP Pratama Padang Dua, although it has been successfully implemented, it has not yet achieved maximum results in disbursing tax arrears.

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