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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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PENYELESAIAN SENGKETA KEPEMILIKAN TANAH PADA KANTOR PERTANAHAN KOTA SOLOK (STUDI KASUS SENGKETA TANAH ANTARA PT GELORA GANTO SEJAHTERA DAN SYAMSU TULUS) Fahmi Akbar NR; Kurnia Warman; Syofirman Syofyan
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.v5i4.809

Abstract

Soil is one part of the earth that has a close relationship with human life, it can even be said that every human being is related to land. Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia stipulates that: Earth, air and the natural resources contained therein are controlled by the State and used for the greatest prosperity of the people. However, land disputes still arise in the community, therefore this thesis takes the title of land ownership dispute resolution at the Solok City Land Office (a case study of land disputes between PT Gelora Ganto Sejahtera and Syamsu Tulus). In this writing, the problem formulation is 1. How to settle land disputes at the Solok City Land Office. 2 How is the authority of the Solok City land office in resolving land disputes. 3. What are the results of land dispute resolution at the Solok City Land Office. In writing this research, the method used is empirical juridical. Empirical juridical research is an approach by looking at a legal reality in society. The research conducted in this paper is descriptive analytical in nature, namely a form of research that aims to describe the applicable laws and regulations, associated with legal theories and the practice of implementing positive law. Disputes are situations and conditions in which people experience factual conflict or release according to their warnings. Land disputes can be resolved in 3 (three) ways, namely: a) Settlement by deliberation. b) Settlement through the judiciary, namely submitted to the general court in a civil or criminal manner. Based on this research, there is a land rights dispute that has been issued with a building use rights certificate in the name of PT. GGS entered. Then Samsyu Tulus objected that the settlement was carried out at the Solok City Land Office, then the settlement was not reached so that it entered the litigation route or went to court, from this research it was concluded that the Land Dispute Settlement in Solok City could be carried out on the basis of public complaints. The results of the mediation that have been agreed upon will result in changes to data, which can be in the form of a decision to cancel land rights, cancel certificates and also change data on certificates, measurement papers, land books and/or other public registers.
Perlindungan Hukum Konsumen Dihubungkan dengan Undang-Undang Nomor 4 Tahun 2023 Tentang Pengembangan dan Penguatan Sektor Keuangan (Studi Putusan Nomor: 15/Pdt.Sus-Bpsk/2023/Pn.Grt) Muhamad Jiia Fauzi; Deny Guntara; 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.v6i1.810

Abstract

There are several things that buyers should pay attention to when making purchases online through E-Commerce. The approach taken in this research is a normative legal study. Legal exploratory standardization, written examination or truth study, is that this research is normative juridical research. In the mediation carried out by BPSK on May 29 2023, the process from start to finish was carried out without the presence of the applicant, so that the applicant had no good faith at all. However, the applicant filed an objection to the Garut District Court on the basis of the objection and canceled the BPSK decision. The author concludes that Law no. 4 of 2023 in essence protects consumers in the field of E-Commerce where consumer protection is in E-Commerce In essence the P2SK Law and POJK PK facilitate the protection of consumer rights to obtain quality services in accordance with the principles of financial consumer protection OJK handles consumer complaints according to their respective authorities each of these matters has been stated in Article 245 of Law No. 4 of 2023. Based on the considerations of the panel of judges, the author is of the opinion that the Panel of Judges at the Garut District Court is appropriate in adjudicating the case based on the mandate of the Law. No.4 of 2004 concerning Judicial Power.
Peralihan Harta Waris oleh Seorang Ahli Waris tanpa Persetujuan Ahli Waris Lainnya (Studi Putusan Mahkamah Agung Nomor 218 K/Pdt/2020) Ade Ahmad Fauzan; Deny Guntara; 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.v6i1.811

Abstract

The transfer of rights to an object can be carried out in a real way, meaning that the object obtained can be directly seen and is in the hands of the person concerned, but there is also a transfer of rights that is carried out symbolically or indirectly, only in the form of a letter or certificate, this occurs in immovable objects. The transfer of rights occurs due to the transfer of one person's property rights to another person, for example buying and selling or exchanging or in other ways that are justified by law. The purpose of this study is first to find out the transfer of inheritance according to civil inheritance law in Indonesia and secondly to find out the judge's considerations in the Supreme Court decision number 218 K/Pdt/2020. This study uses a normative juridical approach. The results of research regarding the transfer of inheritance according to civil inheritance law in Indonesia there are two forms, namely the transfer due to the Act and the transition due to a will or testament, then in the Supreme Court Decision Number 218 K / Pdt / 2020 MA stated judex facti, namely the Balige District Court was wrong apply the law so that the Supreme Court cancels and judges itself with a ruling rejecting the Plaintiff's lawsuit (Respondent's cassation).
Tinjauan Yuridis Penegakan Hukum terhadap Pelaku Tindak Pidana Pemerasan dengan Ancaman Kekerasan di Hubungkan Asas Kepastian Hukum (Studi Putusan Nomor 187/Pid.B/2021/Pn.Kwg) Hendri Gunawan; Deny Guntara; 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.v6i1.812

Abstract

The problem of crime in this era of development has always been a social problem that is difficult to eradicate or eliminate. The Indonesian National Police (Polri) recorded 276,507 crimes in Indonesia in 2022. This number has increased by 7.3%. The method of coercion used in the criminal act of extortion consists of the perpetrator verbally or in writing threatening, insulting while disclosing secrets. Extortion under the law is regulated in Article 368(1) and Article 369(2). The purpose of this study is to answer the formulation of the problem, namely what are the provisions for law enforcement for the criminal act of extortion with threats based on article 368 of the Criminal Code? And what are the judges' considerations in decision number 187/Pid.B/2021/PN. KWG is related to the principle of legal certainty. The results of the study, first, law enforcement of the criminal act of extortion by threatening under Article 368 paragraph (1) must fulfill the appropriate elements in Article 368. Second, legal certainty in imposing a sentence on the perpetrators of the crime of theft according to Article 368 paragraph (1) of the Criminal Code has been fully implemented and can be proven with the completeness of facts, witnesses and information. This means that the judge's considerations are relevant to the application of article 368 of the Criminal Code.
Identifikasi Indikasi Geografis Pada Tenunan Sapu Lu’e Lawo dan Perlindungan Hukum sebagai Hak Kekayaan Intelektual Komunal pada Masyarakat Adat Bajawa Maria Theresia Geme; Benediktus Peter Lay; Stefanus Don Rade
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.v6i1.814

Abstract

Sapu Lu'e Lawo is a set of woven traditional clothes for men and women in the Bajawa indigenous community. This weave has Geographical Indication characteristics as one of the communal intellectual property. Geographical Indication is a sign indicating the area of origin of an item and or product which due to geographical environmental factors including natural factors, human factors, or a combination of both factors gives a certain reputation, quality, and characteristics to the goods and/or products produced. The main problem of this research is how the geographical indication of the Lu'e Lawo broom weave and how the form of legal protection. This type of research is Sociological Jurisprudence that relies on document studies as well as empirical studies through observation methods and in-depth interviews with weavers and leaders. The results of the study found that there is an element of geographical indication in the weaving of Sapu Lu'e Lawo which is a combination of natural factors, human factors and a combination of both factors contained in the shape, motif, color, material and value message in the ritual of making it, so it requires legal protection in accordance with applicable laws and regulations. The conclusion is that Sapu Lu'e Lawo is a set of woven traditional clothing in the Bajawa customary law community that contains the quality, characteristics and reputation as a geographical indication that must be protected. It is recommended that the local government make policies that facilitate weavers' access to the availability of natural materials such as encouraging the expansion of new plantations to support the economy as well as preserving the living values of the Bajawa indigenous people.
Perbuatan Melawan Hukum terhadap Hak Cipta Lagu oleh Korporasi (Studi Kasus Putusan Nomor 19/Pdt.Sus-Hakcipta/2020/Pn.Niaga.Jkt.Pst dan Putusan Nomor 4/Pdt.Sus-Hki/Hakcipta/2020/Pn.Niaga.Sby) Denny Hartono; Sardjana Orba Manullang; Anwar Budiman
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.v6i1.815

Abstract

Legal protection for song copyrights is needed in order to create a better climate and atmosphere for the growth and development of music in Indonesia. The problem is how is the form of legal protection for song copyright holders for unlawful acts committed by corporations? What are the considerations of legal reasons and legal philosophical considerations by the Panel of Judges regarding Tort Towards Song Copyright by Corporations in the Court Ruling of the Central Jakarta District Court Number 19/Pdt.Sus-HakCipta/2020/PN.Niaga.Jkt.Pst. and Court Ruling of the Surabaya District Court Number 4/Pdt.Sus-HKI/HakCipta/2020/PN.Niaga.Sby.? Normative juridical research methods. In conclusion, legal protection for Tort toward song copyright by corporations. If there is a song copyright dispute, the settlement can be carried out through alternative dispute resolution, arbitration, a court where the court is a commercial court. The decision on the lawsuit must be pronounced no later than 90 (ninety) days after the lawsuit is registered. Therefore, the task of the judge to try cannot be separated from legal discovery activities. In the court decision verdict number 4/Pdt.Sus-HKI/HakCipta/2020/PN.Niaga.Sby. November 12, 2020, which rejected the Plaintiff's lawsuit in its entirety, is inappropriate because the Panel of Judges should carry out legal discovery activities by looking at Government Regulation Number 20 of 2017 Concerning Import or Export Control of Goods Allegedly Consisting of or Originating from Intellectual Property Rights Violations.
TINJAUAN YURIDIS TERHADAP KETIADAAN LABEL PERINGATAN BAHAYA PADA ROKOK ELEKTRIK BERDASARKAN UU PERLINDUNGAN KONSUMEN M. Syarif Husein S; Zulham Zulham
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.v5i4.816

Abstract

This study uses a normative juridical research type that refers to law or legislation and other literature as literacy support. The research approach used is in the form of statutory and conceptual approaches to answer the problems being researched with primary legal sources in this study in the form of laws Law Number 8 of 1999 concerning Consumer Protection. The results of this study explain that there is a neglect of the theory of legal certainty in regulating health information on electronic cigarettes in Indonesia. This is because the regulation of electronic cigarettes until now is only contained in the Minister of Finance Regulation No.146/PMK.010/2017 concerning customs and excise rates only and is not accompanied by legality related to electronic cigarette health information, of course this regulatory vacuum is very contrary to guarantees on consumer rights contained in article 4 of Law no. 8 of 1999 namely the right to correct, clear and honest information about a product/goods. So it is very dangerous if consumers are essentially Indonesian people consuming goods whose health standards are unclear.
Penyelesaian Sengketa Uang Kompensasi atas Tanah Ulayat Nagari melalui Lembaga Adat di Nagari Talu Kabupaten Pasaman Barat Novi Alvionita; Kurnia Warman; Zefrizal Nurdin
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.v6i1.819

Abstract

Currently, in the province of West Sumatra, disputes over customary land often occur, including in Nagari Talu, West Pasaman Regency. The background to this dispute was compensation money provided by PLN for the construction of an Extra High Voltage Line (SUTET) on ulayat nagari land which is managed by the community. Meanwhile, the community wants to control all the compensation money. Based on this background, it is necessary to investigate the settlement of ulayat nagari land disputes in Nagari Talu, West Pasaman Regency with the formulation of the problem: What is the process for resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, what obstacles are encountered in resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, how is the control over customary rights of the nagari in Nagari Talu, West Pasaman Regency, after the settlement of the dispute.The research method used through an empirical juridical approach is based on primary legal materials and secondary legal materials as well as field studies through interview observations, as well as data analysis techniques carried out qualitatively. Based on research on the settlement of ulayat nagari land disputes in Nagari Talu West Pasaman Regency, where in this settlement it was first resolved through deliberation by both parties, but in this deliberation no peace was reached, then both parties used a mediator as an intermediary because peace was not achieved, which appointed as a mediator, namely the Nagari Traditional Density Institution (KAN). Kerapatan Adat Nagari (KAN) succeeded in reconciling the two parties and both parties accepted the results of the decision issued by Kerapatan Adat Nagari (KAN). Obstacles faced in resolving ulayat nagari land disputes are caused by several factors, namely internal factors originating from the disputing parties and the object in dispute and external factors originating from other parties. Post-dispute settlement control of ulayat nagari land, based on the decision of the Talu Nagari customary meeting, Ninik Mamak who currently controls ulayat nagari land.
Efektivitas KUP dalam Memulihkan Kerugian Pendapatan Negara Akibat Tindak Pidana Administratif Perpajakan Muhammad Rizky Subardy; Ismansyah Ismansyah; Khairani Khairani
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.v6i1.821

Abstract

Indonesian realization of state revenue from the taxation section is still not optimal and the ratio at just 84.44% (eighty-four point forty-four percent). So, it needed some efforts to optimize the tax revenue. One of the ways to Strengthen the tax administration law is by adding criminal law rules, hereinafter referred to as administrative penal law. Therefore, the principles of administrative penal law which carry out the concept of ultimum remedium has also applied to the General Taxation Law 2019 (KUP 2009). However, based on data from the Indonesia Directorate General of Taxes in 2020, the violators who use the ultimum remedium mechanism are only 5.56% (five-point fifty-six percent). Meanwhile, the fines paid by convicts are only 0.050% (zero point zero fifty percent) from all the criminal tax cases that are decided by the court. This certainly indicates, that there are problems that can not be resolved and be accommodated by the KUP 2009 in the form of optimizing the recovery of state losses due to administrative criminal acts in the taxation section. Based on the fact, that the state changed the KUP 2009 through the Omnibus Law and Harmonization of Tax Regulation Law, that be expected to be able to recover losses in the state revenue effectively.
Pengangkatan Anggota Tentara Nasional Indonesia dan Kepolisian Negara Republik Indonesia Aktif Menjadi Penjabat Kepala Daerah Egip Satria Eka Putra; Khairul Fahmi; Yuslim Yuslim; Khairani Khairani; Hengki Andora
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.v6i1.822

Abstract

The Assignment of members of the Indonesian National Army and the National Police of the Republic of Indonesia active as acting regional heads by the Minister of Home Affairs reaped polemics. Law Number 10 of 2016 concerning Regional Elections even though it has clearly regulated the filling of vacancies in the positions of governor, regent and mayor, where acting (Pj.) are appointed from the position of intermediate leaders for the Acting Governor and primary leaders for the Acting Regent and Mayor. However, the Minister of Home Affairs issued Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Governors, Regents and Mayors as a reference to fill the position of Acting Regional Head. Article 3 paragraph (b) of Permendagri Number 4 of 2023, contains norms stating that the acting regional head is from an ASN official or an official in a certain ASN position who occupies JPT Madya within the Central Government or within the Regional Government for candidates for Pj. Governor and occupies JPT Pratama within the Central Government or within the Regional Government for candidates for Pj. Regent and Pj. Mayor. Therefore, there is an addition of position criteria and an expansion of meaning in Permendagri Number 4 of 2023 which then becomes a gap and opportunity for the Minister of Home Affairs to appoint active TNI and Polri members to become Acting (Pj.). The formulation of the problem in this study is: (1) How is the validity of the appointment of members of the Indonesian National Army and members of the Negatra Police of the Republic of Indonesia active as Acting Regional Heads? (2) What are the criteria for the ideal official who can be appointed as Acting Regional Head? (3) What is the ideal mechanism for appointing and appointing acting regional heads to fill regional head vacancies ahead of the 2024 simultaneous regional elections? This research is a normative legal research or literature, with the research specifications used are analytical descriptive research. The results of this study are: (1) The appointment of members of the Indonesian National Army and active members of the Indonesian National Police to become Acting Regional Heads is not legally positive Indonesia at this time. (2) The position of the official who should be appointed as Pj. Regional Head shall be JPT Madya within the Central Government or within the Regional Government. (3) the ideal mechanism for the appointment and appointment of acting regional heads is to involve the people through the Senators so that the appointed PJ. still has legitimacy from the people.

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