cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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 3,918 Documents
 60   61   62   63   64 
Analisis Perlindungan Hukum terhadap Hak Cipta Karya Tulis yang Berjudul Hologramisasi atau Kinegramisasi (Putusan Nomor: 9/Pdt.Sus-Hak Cipta/2020/Pn.Jkt.Pst) Rahmat Fernando; Anggun Lestari Suryamizon; Jasman Nazar
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.v6i1.845

Abstract

Intellectual Property Rights (IPR) are exclusive rights to intellectual property that arise or are born due to human intellectual abilities. From the word intellectual, it is reflected that the source of such wealth is intelligence or the result of human thought which gives birth to intellectual works in the fields of science, art, literature and technology that are beneficial to humans. In connection with the enactment of copyright law protection regulations stipulated in Law Number 28 of 2014 concerning Copyright (hereinafter referred to as the UUHC) with the hope of guaranteeing legal certainty and protection of copyright law itself. In writing this journal, researchers raised several issues, namely legal protection related to the judge's decision on case No. 9/Pdt.Sus-Copyright/2020/PN.Jkt.Pst). This study uses a normative method, which is a process to find legal rules, legal principles, and legal doctrines to answer the legal issues at hand. Normative research does not need to start with a hypothesis, therefore the terms independent variable and dependent variable are unknown in normative research, the data used in this study are primary data, secondary data and tertiary data. This research is based on laws and regulations, books, texts, judge's decisions and journals related to legal protection and legal remedies. Based on the case of researchers regarding violations related to plagiarism of written works committed by a person named Kasim Tarigan and registering the results of plagiarism of his writings at the Directorate General of Intellectual Property (DJKI), where the crime can be subject to civil damages by formal law and material law, as well included in the demands for unlawful acts (PMH). As explained in the provisions of article 1365 of the Civil Code "Any act that violates the law and harms other people requires the person who caused the loss because of his mistake to compensate for the loss".
Bentuk Ganti Rugi atas Penyalahgunaan Kartu Atm oleh Pendamping Program Keluarga Harapan Perspektif Wahbah Az Zuhaili di Kota Tanjungbalai Sri Wardani Sirait; Tetty Marlina Tarigan
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.v6i1.846

Abstract

The Family Hope Program, hereinafter abbreviated as PKH, is cash assistance that is channeled through ATMs to make it easier for residents, but this has a low level of security so that it can harm residents as experienced by residents of Environment VII, Semulajadi Sub-District, Tanjungbalai City. The purpose of this study was to find out the arrangements for misusing other people's ATMs, the implementation and distribution of PKH in environment VII Semulajadi Village, Tanjungbalai City, and forms of compensation for ATM card misuse from the perspective of wahbah az zuhaili. This study uses field research methods (field research). This research is descriptive qualitative in nature. Data collection was carried out by means of interviews, observation and existing literature. Research results show that there is a discrepancy between the implementation and distribution of PKH between the field and regulations and according to Wahbah Az Zuhaili, the form of compensation for ATM card misuse is to compensate for losses in a similar form and the compensation requested by victims from PKH assistants is not in accordance with Wahbah Az Zuhaili's opinion regarding there are additional costs.
Penggunaan Tanda Tangan Berubah-Ubah oleh Pejabat Pembuat Akta Tanah (Ppat) di dalam Pembuatan Akta Muhammad Faiz
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.v6i1.847

Abstract

This study discusses the use of arbitrary signatures by land deed officials (PPAT) in making deed. The object of this research is PPAT officials who are involved in making land deeds. The type of research in this research is normative, namely the type of research that uses secondary data (from the library) combined with primary data obtained by conducting field research, such as observations, interviews and surveys. The technique of collecting legal materials in this research was carried out by means of document studies or literature research, namely studies that examine various related documents, both statutory regulations and other documents. The material obtained is then processed and analyzed qualitatively, then presented descriptively, namely by explaining, describing and giving an overview in words of the findings from research that prioritizes the quality of the data. In analyzing legal materials, it begins with collecting legal materials and non-legal materials needed to answer the problem formulation. Both legal materials and non-legal materials are related to each other and then analyzed to find answers to the two problem formulations set forth in the research results and discussion chapter. The results of this study are: 1) The legal consequences of using a signature that changes by the PPAT in making a deed, then this is still justified by law. A different or changing signature is justified by law as long as the PPAT who affixes the signature confirms that it is his signature; 2) What is meant by perfect legal force of proof is that the evidence no longer needs to be supplemented or supported by other evidence.
Kedudukan Notaris dalam Penyimpanan Sertipikat pada Masa Pelaksanaan Perjanjian Pengikatan Jual Beli di Kota Padang Irma Aisyah; Busyra Azheri; Muhammad Hasbi
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.v6i1.848

Abstract

One of the authorities of a notary is in the making of a Sales and Purchase Agreement (SPA), which is a preliminary agreement between the seller and the buyer before the official sale and purchase deed is made in front of a Land Deed Official. Because there are requirements that have not been fulfilled, in accordance with the principles of real, cash, and clear sale and purchase, the Notary has the independence to keep the certificate for the safety of the parties who want or require the Notary to hold (store) the certificate. The Notary takes this action because of concerns that may arise if the certificate is held by the seller or buyer, and the Notary usually takes this precaution until the payment is made. With this, there is a legal vacuum where the Notary takes action to keep the certificate to avoid potential risks, but there are no regulations that protect the Notary from all the risks. The issue addressed in this paper is : how is the legal position of a Notary if it is linked to the storage of the certificate during the implementation of the Sales and Purchase Agreement in Padang City and what if one side of the party takes the certificate stored by the Notary without the presence of all members of the party of the agreement. In this research, the method used is juridical empirical, which is an approach to the problem through legal research by looking at the applicable legal regulations and will produce theories about the existence and function of law in society. According to the result of this research it is found that: 1) The storage of land certificates in the Sale and Purchase Agreement (SPA) is outside the Notary's authority and obligation based on Law Number 2 of 2014 concerning Notary Position. The Notary's action in receiving the storage of land certificates as a neutral stance towards the parties to ensure legal certainty and protection. 2) In practice, the Notary will not provide the certificate to one party if the other party is not present. This is to prevent losses to the other party and in accordance with Article 16 paragraph (1) letter (a) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN), in carrying out their duties, the Notary is obliged to act with trustworthiness, honesty, impartiality, independence, and to protect the interests of the parties involved in the legal act.
Tinjauan Yuridis terhadap Akta Hibah kepada Ahli Waris tanpa Persetujuan Ahli Waris Lainnya Zul Kifli ZA; Sakka Pati; Aulia Rifai
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.v6i1.849

Abstract

This study discusses the juridical review of the deed of grants to heirs without the approval of other heirs. This type of research is a type of library research, in other words, collecting library data, discussing doctrines or principles in the science of law and various other sources that examine or examine the issue of applying positive legal principles or norms. In the perspective of legal research, resolving a legal issue through legal research requires certain approaches as a basis for compiling appropriate, logical and accurate legal arguments. The research approach used in this thesis are: 1) statutory approach and 2) conceptual approach. Normative legal research is library research, namely research on secondary data. The sources of legal materials used in this research are primary, secondary and tertiary legal materials. The results of this study are: 1) A grant deed made authentically to heirs without the approval of other heirs is still considered valid if there has not been a court decision to cancel the grant deed. In the case of grant disputes, the Religious Courts have the authority to simultaneously decide on property or other civil disputes related to the object of the grant dispute if the subject of the dispute is Muslim people. In Islam, grants to heirs can be counted as inheritance, if the grant exceeds the inheritance, the excess grant should be included in the inheritance boedel and 2) PPAT is responsible civilly for the deed of grants to heirs without the knowledge of other heirs for losses received by experts other heirs if related to intention, negligence and/or negligence in making the deed of grant deviating from the formal and material requirements. PPAT can not only be subject to administrative sanctions but also be sued for civil compensation by the aggrieved parties.
Pemahaman Hukum terhadap Kejahatan Pemilihan Umum Kepala Daerah yang Dilakukan oleh Aparatur Sipil Negara Baharuddin Badaru
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.v6i1.850

Abstract

This study aims to know and analyze the types of criminal acts that can be committed by the state civil apparatus (ASN) in the implementation of regional elections and know and analyze the legal settlement of regional head election crimes carried out by the state civil apparatus. The research method used by the author in this case is the normative juridical method. The results showed that the types of criminal acts committed by the state civil apparatus are contained in articles 488-554 of Law Number 7 of 2017, legal settlement of election crimes committed by the state civil apparatus, if the perpetrators of election crimes meet the elements of guilt, then in this case the actions of the perpetrators contain elements of guilt, then the subject of the law must be criminally responsible for mistakes committed in election acts based on Election criminal provisions regulated in Law No. 7 of 2017 are in the flow of handling election criminal violations.
Pertanggungjawaban Pidana terhadap Pencemaran Nama Baik melalui Media Sosial Sry Wahyuni; Yoserwan Yoserwan
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.v6i1.851

Abstract

This article explores the legal ramifications of defamation on social media as well as the types of behavior that fall under the heading of criminal defamation on social media. To make daily tasks easier for people to complete, technology is still being created. Internet-based criminal acts such as insults or defamation, perpetrated by one person against another person or organization, are becoming more common in Indonesia. The concept of error is one of the legality concepts used in the criminal responsibility system. Normative juridical research, which focuses on the application of constructive legal standards or principles, is the method used in this study. According to the findings of this study, Article 27 paragraph 3 of Law Number 11 of 2008 Concerning Electronic Information and Transactions and Article 45 paragraph 3 of Law Number 19 of 2016 Concerning Electronic Information and Transactions both govern how those who commit criminal acts of defamation through social media can be held legally accountable. Article 310 (1) of the Criminal Code governs the crime of slander. Basically, it happens when someone writes a post on Facebook with the intent to insult and libel the offender. Thus, the distribution of electronic material that involves insults or defamation is prohibited by Article 45 paragraph 3 of the ITE Law.
Pelaksanaan Perjanjian Kerjasama Pembuatan Dokumen Amdal oleh PT Alas Sanggoro Yasa Consultans dengan Pemerintah Kota Pariaman dalam Pembangunan Rumah Sakit Umum Daerah (Rsud) Dr. Sadikin Siti Lauriyanti Imran; Rembrandt Rembrandt; Yussy Adelina Mannas
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.v6i1.852

Abstract

One of the many constructions undertaken by the Government is in the City of Pariaman, which is the public infrastructure of a hospital called the Regional General Hospital (RSUD). The authority in this case is the government party that holds goods/services with both parties as the executor of procurement of goods /servicing government is PT. Sanggoro Yasa Consultans, where the cooperation between the two sides is then merged into a Cooperation Agreement (PKS). The objective of cooperation is related to the creation of environmental documentation namely environmental impact analysis (AMDAL) as one of the conditions that must be met for the Government of Pariaman to build RSUD dr. In accordance with the provisions in force. Implementation of the agreement of cooperation in the creation of documents AMDAL by PT Alas Sanggoro Yasa Consultans with the Government of the City of Pariaman in its implementation there are some problems and obstacles faced The agreement is made under the hands so that if made authentically then can provide legal certainty to both parties, and can be a powerful tool of evidence if there is a disadvantage. In its implementation, the factor affecting the failure to perform the agreement is its payment without advance, and Its implementation starts on September 8, 2020 and ends on December 18, 2020. However, at the time of performance by the debtor suffered payment delay until May 3, 2021. The authority in the implementation of the agreement is that there is a delay in payment due to APBD that has not fallen or has closed the book in 2020 so that APBD funds can not be disbursed by the Government of Pariaman City.
Peranan PPAT dalam Pendaftaran Hak Tanggungan Secara Elektronik di Kota Sungai Penuh Pujha Setiawan J; Azmi Fendri; Syofiarti Syofiarti
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.v6i1.853

Abstract

PPAT is a public official authorized to draw up Deeds for Granting Mortgage Rights (APHT), in which the deed will be used as basic evidence for registration of Mortgage Rights at the Land Office and PPAT is required to submit APHT and supporting documents to the Land Office within 7 days after the deed is signed. In Article 14 of the Electronic Mortgage Service Regulations, it has also been limited to the 7th day, if it is not carried out then the PPAT mortgage registration document is automatically uploaded, it is considered giving approval by the system. The presence of Electronic Mortgage Registration has not run smoothly and has resulted in APHT and supporting documents submitted by the PPAT in the Sungai Full City area to the Land Office past the applicable regulatory deadline. The results of the study found that: 1. The role of the PPAT is to check Certificate, Making Deed of Granting Mortgage Rights (APHT), Power of Attorney for Imposing Mortgage Rights (SKMHT), and submitting Deeds for Granting Mortgage Rights and supporting documents to Creditors (Banks) to continue registration to the Land Office by Creditors (Banks), but with a lack of understanding and the knowledge of the PPAT in SungaiFull City regarding the registration of Mortgage through electronic system services, the role of the PPAT in SungaiFull City is still not in accordance with Ministerial Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services. 2. PPAT Constraints in Registering Mortgage Rights Electronically in Sungai Full City, namely: There is still a lack of inspection, Network Disruption, collateral object certificates have not been validated and problems found, there are legal violations against PPATs who do not comply with the time limit provisions in submitting APHT and supporting documents to the Land Office and abusing authority by carrying out creditor user account obligations.
Studi Perbandingan bentuk Pertanggung Jawaban Pidana terhadap Pelaku Tindak Pidana Pembunuhan yang Mengalami Gangguan Jiwa Menurut Hukum Islam dan Hukum Positif Indonesia Asad Shadiq; Sukmareni Sukmareni; Riki Zulfiko
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.v6i1.854

Abstract

Murder committed by persons with mental disorders is a common problem in society with various cases and characteristics. The news about this is likely to evoke strong emotions and raise questions about whether to be sanctioned or not. With regard to the crime itself, the view of Islamic law defines a criminal act as an act prohibited by law that comes from Allah, for this violation there is already a provision for punishment that comes from Him. The legal prohibition referred to here is doing something that has been prohibited or by not doing work that is not justified. What can be classified as part of a criminal act in Islam is if the act is only prohibited on the basis of the Shari'a. This must be said, by doing or not doing an act that will result in a punishment that must be based on the Shari'ah which is a crime. Comparison of Islamic law and in the provisions of criminal law against acts in the category of criminal acts, such as acts in the category of murder, which are committed by those who are experiencing mental disorders. Here it will be seen whether the form of Islamic law and the form of criminal law will also be applied to people with mental disorders who have been proven to have committed the crime. The research method used is a normative juridical approach, namely law that focuses on the study of library data as secondary data, in the form of positive law and governing Islamic law. Based on the results of research in positive law criminal offenders who experience mental disorders cannot be punished as well as in Islamic law, however there are slight differences that require criminal offenders who experience mental disorders to pay compensation which is borne by the offender's family.

Page 62 of 392 | Total Record : 3918

 60   61   62   63   64 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 8 No. 4 (2026) 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