Unes Law Review
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
Articles
3,910 Documents
<![CDATA[Pengaturan dan Penerapan Prinsip Teritorial dalam Perlindungan Indikasi Geografis Indonesia (Dalam Perspektif Hukum Internasional dan Nasional) ]]>
<![CDATA[Dayu Medina]]>;
<![CDATA[Dewi Enggriyeni]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.835
<![CDATA[The principle of territoriality is one of the fundamental principles in Intellectual Property Rights (IPR) which is regulated in Trade Related Aspects of Intellectual Property Rights (TRIPS). This principle gives authority to the state to regulate IPR according to the circumstances and needs of the state. This territorial principle allows a country to design intellectual property laws in a way that is consistent with its goals. This study uses a normative juridical method with a statutory and comparative law approach. Regulations regarding territorial principles in the regulation of Geographical Indications (GI) are contained in Article 22 (1) TRIPs, where TRIPs are the basis for the rules (minimum standards) for regulating GI protection. In addition, GI protection is contained in the Lisbon Agreement for the Protection of Appeals of Origin and their International Registration 1958 and in the Madrid Protocol. Indonesia regulates GI protection in Law Number 20 of 2016 concerning Trademarks and Geographical Indications and in Government Regulation Number 12 of 2019 concerning Geographical Indications. Indonesia must regulate GI well because it has great potential to increase people's income. Apart from that, Indonesia must also register Indonesian GIs in the international registration room, so that there is no misuse in their use.]]>
<![CDATA[Airline Customers Conflict Resolution in The Framework of Legal Protection For Consumers in Indonesia ]]>
<![CDATA[Wetria Fauzi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.836
<![CDATA[Aviation related issues include low supervision of airlines in Indonesia, the condition of aircraft that are old and less feasible and high rates of flight accidents. Management negligence and mistakes reach a level that endangers state security. An airline is an organization that provides flight services including cargo to passengers. They provide these services and form cooperation or alliances with other airlines for mutual benefit. However, the relationship between customers and airlines can sometimes lead to ruthless legal battles and violent conflicts. This paper discusses legal protection for airline customers in Indonesia. It seeks to investigate not only the legal arrangments regarding air transportation in Indonesia but mechanism to minimize/prevent disputes between consumers and airlines. Consumer dispute resolution with airlines refers to the Consumer Protection Act and Aviation Law. The research reveals that consumer-airlines conflicts can be resolved outside of the court through several dispute resolution models, including Consumer Dispute Settlement Agency, Non-Governmental Consumer Protection Agency, the Directorate of Consumer Protection agreed by the parties, based on Article 1338 of the Civil Code. This paper also show that it is necessary to make a simple dispute resolution system specifically for airline consumers in the form of an airline consumer dispute resolution assembly or a special arbitration agency.]]>
<![CDATA[Analisis Putusan Mahkamah Konstitusi Nomor 68/PUU-XII/2014 tentang Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia ]]>
<![CDATA[Yunita Syofyan]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.837
<![CDATA[The validity of marriage in Indonesia is considered to have religious overtones, religious elements that dominate the requirements for a valid marriage, so there is a degradation of the achievement of the unification goal of the Marriage Law which refers to the uniformity of holding marriages for every citizen. Pluralism in Indonesia with its diversity of ethnicities and nations is not actually an obstacle for a woman and a man in Indonesia to get married. The vulnerability to interfaith marriages is quite high due to the large number of religious diversity that is recognized by the constitution but interfaith marriages are marriages that are prohibited and not recognized by the Marriage Law in Indonesia. In the perspective of Human Rights (HAM) religious marriage is not prohibited and freedom is given to brides and grooms of different religions to be able to carry out the marriage (non-derogable rights). This research is a legal research (doctrinal research) with a conceptual approach (conceptual approach), the legal approach (statues approach), and the case approach (cases approach). The results of this study explain first, the Court, in the life of the nation and state based on Pancasila and the 1945 Constitution, religion is the basis and the state has an interest in matters of marriage, it cannot only be seen from a purely formal aspect, but must also be seen from a spiritual and social aspect. Religion determines the validity of marriage. Second, interfaith marriage is part of the universal right that every individual has to carry out marriages to brides of different religions and marriage is part of a right that cannot be limited and reduced by differences in religion.]]>
<![CDATA[Analisis Putusan Mahkamah Konstitusi Nomor 65/PUU-XXI/2023 tentang Kampanye di Ranah Pendidikan dalam Perspektif Hak Asasi Manusia ]]>
<![CDATA[Didi Nazmi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.838
<![CDATA[Elections are instruments or means to carry out democracy, even in many democratic countries, elections are considered as a symbol as well as a benchmark for democracy. In the implementation of people's sovereign participation, namely elections, of course, a mechanism or flow of implementation is needed to minimize the violation of democratic values. In terms of limitations in organizing campaigns, justice is a very important thing in the political process. Recently, there was a Constitutional Court Decision Number 65/PUU-XXI/2023 against a request for legal uncertainty regarding the Explanation in Article 280 paragraph (1) letter h of Law Number 7 of 2017 Concerning General Elections. This legal uncertainty is caused by contradictions between norms and explanations, causing chaos in the field. This research is a legal research (doctrinal research) with a conceptual approach (conceptual approach), statutory approach (statues approach) and case approach (cases approach). The results of this study explain first, campaign arrangements in Indonesia regulate methods, materials, to the vision and mission and programs that will be conveyed by election participants to prospective voters based on the principle of fairness in holding elections. Second, the prohibition of campaigning in the education sector is part of the derogable rights of the right to express opinions. The Court still maintains the provisions prohibiting campaigning through educational places by placing the phrase exceptions still needed to be contained in the body of Law 7/2017 as a separate norm to create legal certainty.]]>
<![CDATA[Aspek Hukum terkait Penerbangan Lintas Batas berdasarkan Konvensi Chicago ]]>
<![CDATA[Delfiyanti Delfiyanti]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.839
<![CDATA[At the time, air transport world have mounted at full speed and seen from to the number of plane type and form which have been yielded. Pursuant to Section 1 Convention of Chicago year 1944 about Civil Air Navigation that every state have exclusive and full of sovereignty of air room residing in above its region of him. This convention also recognize and give rights to state to do interception related to straightening of sovereignty state above its air room. In practice, some time the foreign aeroplane thrust into other state air region without permit beforehand. Therefore enabled a state to do interception in the form of commemoration to the foreign plane to go out from regional room of its air. At certain level, even can be shot if remain to fight against. One side, this action is confessed as part of straightening of state sovereignty. But on the other side, usage of tight interception abusively can generate the fall of victim. Therefore, usage of rights of interception need clear arrangement and strong control.]]>
<![CDATA[Sinergitas Peran Kepolisian dan Masyarakat dalam Menanggulangi Balapan Liar di Kota Padang ]]>
<![CDATA[Winaldo Winaldo]]>;
<![CDATA[Fitriati Fitriati]]>;
<![CDATA[Bisma Putra Pratama]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.840
<![CDATA[Article 115 of Law Number 22 of 2009 concerning Road Traffic and Transportation (UU LLAJ) regulates the prohibition of illegal racing. This research is an empirical juridical research. The handling of wild races in the City of Padang by the Padang Traffic Police with synergy between the Padang Traffic Police and the Community in tackling illegal racing in the City of Padang is carried out preventively with community leaders by conducting outreach to schools, in print and electronic media. Making banners on the streets, broadcasting on the radio, social media such as Instagram by involving respected community leaders in the illegal racing area. Patrol activities to create conditions at night with people who carry out patrols at night. Patrols are carried out by walking along streets that have the potential to be used as places for speeding. Supervision at posts that are prone to wild racing with the local community. Repsentially, the synergy with the community is that the community helps officers search for illegal racers. The obstacle in the synergy between the Padang Traffic Police and the community in tackling illegal racing in the city of Padang is that there are still people who do not want to assist police officers in catching and raiding illegal racers. Because the large number of illegal racers who have been caught in cases of illegal racing in the city of Padang is not proportional to the number of police personnel who are on night picket duty. The level of legal awareness of the people of Padang City to comply with traffic rules is very low. Society that is less corporative by becoming spectators of wild racing, there are workshops and motorcycle gangs that provoke teenagers, there is betting (gambling), lack of attention and supervision of parents towards children, lack of facilities and infrastructure, and lack of funds to channel the hobby of racing.]]>
<![CDATA[Penertiban Penggunaan Jalan di Luar Fungsi oleh Satuan Lalulintas Kepolisian Resor Kota Padang untuk Mencegah Terjadinya Kecelakaan Lalulintas ]]>
<![CDATA[Undra Putra]]>;
<![CDATA[Susi Delmiati]]>;
<![CDATA[Philips A. Kana]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.841
<![CDATA[Article 127 paragraph (1) in conjunction with Article 128 of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates the use of roads outside their functions. This research is an empirical juridical research. The role of Satlantas Polresta Padang in controlling the use of roads outside the function to prevent traffic accidents is to regulate, guide, and/or supervise. Use of public roads for personal purposes for parties must obtain permission from the Police. The consideration for granting permission to use a road for personal gain by the Police is that there are alternative roads that can be used by the public so that they do not hinder traffic activities and that there are road markings that can provide indications that the road cannot be traversed, that road use cannot be carried out by completely closing the entire body. road. Forms of law enforcement by giving warnings and making forced efforts. Not yet in the jurisdiction of the Padang Police Traffic Unit has been subject to criminal sanctions for this violation. Obstacles in controlling the use of non-functional roads to prevent traffic accidents by the Padang Traffic Police, namely the insufficient number of police personnel to supervise and control the use of non-functional roads, lack of dissemination of laws and regulations regarding criminal threats to the use of roads outside of functions. Lack of coordination and cooperation between the Police and the local government, namely RT/RW, Kelurahan, to the Government of each sub-district within the city of Padang in this case, concrete actions taken by RT/RW, Kelurahan Government, and the National Police as law enforcers to curb the use of way outside the function.]]>
<![CDATA[Kewenangan Dinas Pemadam Kebakaran dalam Pelayanan Non Kebakaran sebagai Upaya Peningkatan Pelayanan Publik (Studi Di Kabupaten Lima Puluh Kota) ]]>
<![CDATA[Syukri Anda]]>;
<![CDATA[Darmini Roza]]>;
<![CDATA[Philips A. Kana]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.842
<![CDATA[Regional Regulation Number 15 of 2016 Concerning the Formation of Regional Structures and Devices, the Fifty Cities District Fire Service has been independent and has effectively carried out its duties since January 2017 which has the task of providing services, one of which is non-rooted services. The results of the study can be explained that the authority of the Fire Department in Non- Fire Services in Fifty Cities District refers to the Fifty Cities District Regulation Number 4 of 2020, namely: Disaster Victim Rescue, evacuation of threats to life or property, evacuation of animal safety and providing support for governance and community services. Constraints faced by the Fire Service of the Lima Puluh Kota Regency in public services in the field of non-fire services a) lack of impartiality in budgeting policies for the implementation of non-fire services b) lack of optimal utilization of non-fire services by related OPDs. c) there is not yet an understanding between OPDs regarding fire fighting duties in these non-fire services. d) Inadequate information and communication in some villages/communities. f) not all people understand the duties of the Fire Service in non-fire services, g) inadequate performance of fire and disaster management apparatus and institutions, and h) lack of effective coordination. And efforts to overcome the obstacles faced by the Fire Department of the Fifty Cities Regency in public services in the field of non-immortal services are a) increasing budgetary policies, b) unifying understanding between OPDs related to fire fighting duties in non-fire services. c) informing and communicating the authority of firefighters in non-fire services. d) outreach to the public in order to understand the duties of the fire department in non-fire services. e) increasing the number of human resources both in terms of quality and quantity.]]>
<![CDATA[Peralihan Hak Milik atas Tanah berdasarkan Hibah Wasiat dengan Penerima Wasiat Meninggal Dunia di Provinsi Sumatera Barat ]]>
<![CDATA[Maria Susanti]]>;
<![CDATA[Azmi Fendri Fendri]]>;
<![CDATA[Yasniwati Yasniwati]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.843
<![CDATA[A person who dies does not stipulate everything regarding his inheritance, so the distribution of the assets left behind will be carried out based on the law (ab intestato). Meanwhile, if someone before he died had written his will in a deed, then his inheritance was divided based on a will (testament). The legal consequences of the will if the beneficiary dies before the transfer of land rights is carried out, namely: a) If the beneficiary dies before the testator or testator dies, the will is declared null and void, b) If the beneficiary dies after the giver of the will dies first world, the will remains valid due to the validity of the gift based on a will, namely after the giver of the will dies.]]>
<![CDATA[Pengaturan Pendaftaran Tanah Timbul (Aanslibing) dalam Rangka Mewujudkan Kepastian Hukum di Indonesia ]]>
<![CDATA[Marrio Ekasaputra]]>;
<![CDATA[Iyah Faniyah]]>;
<![CDATA[Otong Rosadi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.844
<![CDATA[Land is the main source of people's prosperity and well-being. In an effort to control and own limited areas of land, sometimes people try to control and own emerging land. There is no definite data on the extent of state land originating from emerging land, so the process of controlling emerging land is outside the state's control. The BAL does not specifically regulate the issue of emerging land, but in a general formulation, that emerging land is under state control. Judicial regulation regarding emerging land, starting with the Minister of State for Agrarian Affairs Decree Number 410-1293 of 1996 concerning Controlling the Status of Rising Land and Reclamation Land and ATR/KBPN Ministerial Regulation No. 17 of 2016 concerning Land Management in Coastal Areas and Small Islands and PP no. 16 of 2004 concerning Land Use Management. Until now there has not been found a law that strictly regulates the existence of land arising. This research is a legal research with descriptive analytical research specifications. The approach used in this study is a normative juridical approach. The data used are secondary data obtained through library research and document studies. The data was then analyzed qualitatively and presented in a qualitative descriptive form.]]>
