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[Perlindungan Hukum Pejabat Pembuat Akta Tanah (PPAT) terhadap Tindakan Pemalsuan Data pada Akta Jual Beli oleh Penghadap ]]>
<![CDATA[Reza Sri Maulani]]>;
<![CDATA[Ismansyah Ismansyah]]>;
<![CDATA[Syofiarti Syofiarti]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.855
<![CDATA[Land Deed Making Officer is a general official who is authorized to make authentic deeds regarding certain legal deeds regarding land rights or property rights to flats. One of the deeds made by the Land Deed Maker Officer is the sale and purchase deed. In making a sale and purchase deed, it is not uncommon to be disputed by parties or other third parties who feel aggrieved by the deed because of alleged falsification of data on the deed, causing the Land Deed Making Officer to be involved in the matter and be examined by the authorities. In this study, the formulation of problems related to the legal protection of Land Deed Making Officials the act of falsifying data on the sale and purchase deed by the face is : 1. What is the form of legal protection of the Land Deed Making Officer against the act of falsifying data on the sale and purchase deed by the facer? 2. What are the legal consequences of the sale and purchase deed made by the Land Deed Making Officer in which there is data falsified by the face? This research uses a juridical-empirical approach method. The results of the study found that: 1. Legal protection of Land Deed Making Officials against the act of falsifying data on the sale and purchase deed by the face in the form of providing legal assistance carried out by the Ministry, Board of Trustees and Supervisors of Land Deed Making Officials in the form of advice, assistance in investigations and / or expert statements in court both as witnesses and suspects. 2. The legal consequences of the sale and purchase deed in which there is falsified data are sales and purchase deeds that are proven to be legally defective due to non-fulfillment of the legal conditions of the agreement and / or non-fulfillment of the formal and material conditions for making the deed, so that the position of the sale and purchase deed as an authentic deed is canceled or declared null and void to have no binding legal force.]]>
<![CDATA[Penyelesaian terhadap Tindak Pidana Begal yang dilakukan Oleh Anak di Wilayah Hukum Pengadilan Bukittinggi ]]>
<![CDATA[Andre Mulya Erpendi]]>;
<![CDATA[Sukmaren Sukmaren]]>;
<![CDATA[Syaiful Munandar]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.856
<![CDATA[The background of this writing is based on the crime of robbery which is increasingly common in Indonesia, especially those committed by children, in this case of course there is a settlement process and the factors behind the child committing the crime of robbery. The purpose of this research is to find out the settlement process for the crime of robbery by children in decision Number 7/Pid.Sus-Anak/2021/PN Bkt, and the factors that cause children to commit criminal acts of robbery in decision Number 7/Pid.Sus-Anak/ 2021/PN Bkt. The method used is sociological empirical, which is taken from the facts that exist in society. The technique used in collecting data is through interviews. Based on the results of the research, it can be found that the settlement of criminal acts of robbery committed by children in the jurisdiction of the Bukittinggi court is by carrying out a diversion effort, namely the transfer of child cases that are long and very rigid, but these efforts find no results and are continued with the juvenile justice system in accordance with the law and the applicable regulations are contained in Law number 11 of 2012. And the factors that cause children to commit criminal acts of robbery based on the results of interviews are sociological in nature, in the form of environmental and social factors, economic factors, educational factors, and parents of children.]]>
<![CDATA[Pengaruh Fatwa Majelis Ulama Indonesia terkait Legalitas Bitcoin sebagai Aset Digital di Indonesia ]]>
<![CDATA[Ihsan Kurniawan]]>;
<![CDATA[Nuzul Rahmayani]]>;
<![CDATA[Jasman Nazar]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.857
<![CDATA[This study aims to explain how the legality of bitcoin as a digital asset in Indonesia is viewed from Indonesian positive law and the influence of the MUI fatwa regarding the legality of bitcoin as a digital asset. The problem here is that even though MUI has issued a Fatwa regarding the haram of Bitcoin both as a means of payment and as a digital asset, cryptocurrency transactions are mostly used as speculation which results in elements of gharar and maysir. But until now the use of crypto money has not decreased and even arguably more enthusiasts. From this research, it was found that Bank Indonesia responded that Bitcoin does not have legality as a legal transaction tool in Indonesia and is considered legal if Bitcoin is used as a crypto asset in the commodity futures exchange. Bappebti noted that the total number of crypto investors until the end of August 2022 has amounted to 16.1 million investors, which indicates that the number of crypto investors has increased by around 43.75% in the January-August 2022 period, experiencing a very high increase so that the influence caused by the MUI fatwa regarding the haram of bitcoin as a digital asset is not so significant because the nature of the MUI fatwa is only personal for someone who is Muslim. This research is expected to be a material and reading source for students to increase their knowledge and become a foundation for other researchers in the future.]]>
<![CDATA[Pengisian Jabatan Sekretaris Daerah di Sumatera Barat dalam Rangka Penerapan Sistem Merit ]]>
<![CDATA[Saufa Atika Ulya]]>;
<![CDATA[Khairani Lubis]]>;
<![CDATA[Hengky Andora]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.858
<![CDATA[This study aims to find out how to fill the position of Regional Secretary in West Sumatra in the context of implementing the merit system. This research was conducted to find out how it was implemented and what factors influenced the Application of the Merit System in the Open Selection of Regional Secretaries in West Sumatra. The research method used is using a qualitative descriptive approach. In collecting data the author uses the interview method. The author performs data analysis by processing data, studying documents and drawing conclusions. The results of this study are to answer research questions related to the Filling of the Position of Regional Secretary in West Sumatra in the Context of Implementing the Merit System which is still not optimal. Even though the Government of West Sumatra has carried out all stages of the selection, be it the preparation, implementation, as well as monitoring and evaluation stages, in terms of compliance with the Application of the Merit System in the Open Selection of Regional Secretaries in West Sumatra, the implementation has not been optimal. This can be seen from several aspects that have not been implemented optimally. For optimal application of the Merit System, the Regional Government must already have competency standards for all positions, especially in filling the position of Regional Secretary.]]>
<![CDATA[Penyelesaian Sengketa Waris Tanah Pusako Tinggi sebagai Tanah Adat melalui Pengadilan Agama Kelas 1a Padang ]]>
<![CDATA[Rizki Fajri Iasra]]>;
<![CDATA[Yaswirman Yaswirman]]>;
<![CDATA[Yasniwati Yasniwati]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.859
<![CDATA[Indonesia is a country that has ethnic and cultural diversity, this becomes an advantage as well as a weakness if the government is not able to develop rules and policies that represent the needs of its citizens.This can be seen in the system of inheritance distribution in Indonesia which adheres to three systems of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Indonesian Civil Inheritance Law. The legal system of heirs is influenced by the kinship system owned by a region. Indonesia knows 3 (three) kinship systems, namely matrilineal, patrilineal and parental kinship systems. The matrilineal kinship system sees the maternal lineage, the patrilineal kinship system sees the paternal lineage, and the parental kinship system sees the maternal and maternal lineage. The Minangkabau are a growing tribe in West Sumatra Province, where the people adopt a matrilineal kinship system, a kinship system and the Inheritance is inherited according to the lineage of the Mother. This means that boys and girls and their families, including racism mother, who inherited the property. Basic on decision No 292 / K / Ag / 2019 that the origin of the land on the decision proved to be the executor of Appeal, but still devolved court Religion. This is contrary to the West Sumatra Regional Regulation No. 16 of 2008 Article 12 paragraph 2 on Ulayat Land and its Use, if the peace decision is not accepted by the disputing party as referred to in paragraph 1 then the disputing parties may take the matter to the District Court. It is clear that the regulation states that the Religious Court does not have the authority to examine and adjudicate matters a quo. Inheritance of High Estate in Minangkabau is only regulated in the provisions of customary law which sometimes when there is a dispute over the division of heirs of High Estate, often overrides the provisions of customary law in resolving disputes so that in its application some rules even make the essentials of High Estate reduced or even lost.]]>
<![CDATA[Kekuatan Hukum Penggunaan Surat Jual Beli di Bawah Tangan dalam Pendaftaran Tanah di Kabupaten Padang Pariaman ]]>
<![CDATA[Geni Rilfa Ramadhan]]>;
<![CDATA[Yuslim Yuslim]]>;
<![CDATA[Muhammad Hasbi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.860
<![CDATA[Land is basically owned and controlled by a person or together. Sometimes the land can be transferred to another person by using an underhand sale and purchase agreement, in Padang Pariaman Regency it is known as Siliah Jariah, where the buyer replaces someone's hard work on the land he previously controlled to become the property of the buyer. So that the Siliah Jariah Letter becomes the basis for land registration at the Padang Pariaman Land Office, what is examined in this thesis are: 1) What is the certainty of the legal force of using a Sale Purchase Certificate under the hand as the basis for rights in land registration in Padang Pariaman Regency? 2) How is the implementation of the registration of land rights using a sales and purchase agreement under the hand at the Land Office of the Padang Pariaman Regency? The approach method used in this study is an empirical juridical method. This research is descriptive in nature. The data used are primary data and secondary data. The data sources in this research are library research and field research. Data was collected through interviews and document studies. The data obtained was processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the results of the research, the authors conclude: 1) The private sale and purchase agreement cannot be the basis for land registration at the Padang Pariaman Land Office, because basically the land must be owned for 20 years, or land registration can be done by means of, register the land in the name of the previous owner (seller), after which the rights can be transferred to the name of the buyer. 2) The land registration system based on private sale and purchase is generally registered through a sporadic land registration system, in which cultivators collectively register their rights with the National Land Agency of Padang Pariaman Regency.]]>
<![CDATA[Pembatasan Kebebasan Berkontrak pada Perjanjian tidak Bernama dalam Bentuk Akta Notaris ]]>
<![CDATA[Fatma Devi]]>;
<![CDATA[Busyra Azheri]]>;
<![CDATA[Yulfasni Yulfasni]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.861
<![CDATA[This paper aims to determine control as freedom of contract in the system and the company's position in the engagement. The method uses normative juridical with primary and secondary data. Agreements or commonly called contracts in Indonesia, there are two types of classification when distinguished by name, namely name or name agreements and nameless agreements or named names. The two groups have their own definitions, requirements, elements and legal basis. Unnamed agreements generally grow and develop in society and in practice there are still those that do not have clear arrangements because anonymous agreements are legally recognized by law for their existence as a consequence of the form of agreements in Indonesia which are written and unwritten. The terms of the validity of the agreement, both subjective terms and objective terms, are generally applicable for nameless agreements and nameless agreements. Article 1338 of the Civil Code is the main pillar of the principle of freedom of contract, although in practice it is not free in the true sense, but free with limitations. The agreement made by the parties can be in the form of a private deed or an authentic deed, namely in the form of a Notary Deed and a private deed. The existence of an obligation to the public that certain contracts must follow the rules that have been determined by both the official who made it is one of the efforts for the state to have uniformity and ease of supervision or implementation. The role of a notary in making an anonymous deed agreement in a notarized deed is very useful and has perfect evidentiary power, both formal and material. A notary is a public official who frames the agreement of both parties or more, to make a deed agreement in the form of a notarial deed. The notary must pay attention to the clauses that are prohibited by law and must comply with the things that have been regulated by law.]]>
<![CDATA[Upaya Kepolisian Dalam Mencegah Adanya Tindak Pidana Penyalahgunaan Senjata Tajam (Studi Pada Polres Tegal) ]]>
<![CDATA[Saeful Anam Zahda Ilma]]>;
<![CDATA[Rochmani Rochmani]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.862
<![CDATA[The Indonesian National Police has limitations, both in terms of the availability of personnel, equipment and operational budgets. Reflecting on the duties and roles of the state in protecting all its citizens, then in the terminology of state governance anywhere in the world, namely providing civil services, providing public services and providing strengthening of community empowerment (empowering). The research used in this research is normative juridical research because it uses legal research that places law as a building system of norms. This type of normative research concerns the implementation of normative legal provisions (laws) in their actions in every particular legal event that occurs in a society. The problems that often occur in people's lives are natural laws as forms of social beings. change has hit understanding, appreciation and experience of as well as beliefs and compliance norms that exist in society itself. change has also hit the understanding of values and customs, patterns of behavior that have long lived and developed in society. Counseling is one of the efforts of the police to prevent the crime of misuse of sharp weapons among the community, namely by holding counseling about the impacts and dangers that caused by the misuse of sharp weapons. Raids are one of the police's efforts to overcome the problem of sharp weapons abuse.]]>
<![CDATA[Pemulihan Korban Melalui Restitusi Bagi Korban Kekerasan Seksual (Studi Putusan Nomor : 989,PID.SUS/2021/PN BDG) ]]>
<![CDATA[Rida Madyana]]>;
<![CDATA[Safik Faozi]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.863
<![CDATA[The crime of sexual violence is part of a crime against decency, where the act does not occur to adults but also occurs to minors, either directly or indirectly. Legal considerations for imposing restitution for victims of the crime of sexual violence in the Herry Wirawan incident With reference to the problems that have been described, this study aims to examine criminal acts of sexual violence in the Herry Wirawan incident, especially regarding legal considerations in granting restitution to victims and the legal protection that should be given to the victim's children. This research uses normative legal methods with statutory and case approaches. This research is an in-concreto legal research. The results of the study show that the judge's considerations in making decisions are based on the public prosecutor's indictments, the statements of the accused, the statements of witnesses, and evidence. For legal protection for the victim, the defendant is sentenced to death, and the victim's children are entitled to receive compensation or restitution from the defendant. In addition, child victims also receive protection in the form of social rehabilitation and psychosocial assistance during their treatment process until their recovery. Protection and assistance for the victim's children is also provided at every stage of the examination, starting from investigation, prosecution, to trial. This aims to provide comprehensive protection for victims and ensure that their rights are guaranteed during the law enforcement process.]]>
<![CDATA[Tanggung Gugat Perusahaan Reasuransi Atas Pelanggaran Prinsip Itikad Baik Dalam Pembayaran Klaim Kepada Perusahaan Asuransi ]]>
<![CDATA[Talia Alfirna Maulida]]>;
<![CDATA[Zahry Vandawati Chumaida]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31933/unesrev.v6i1.864
<![CDATA[Article 1 point 7 of Undang-Undang Nomor 40 Tahun 2014 concerning Insurance explains that the reinsurance business is a reinsurance service business for insurance companies, guarantee companies, or other reinsurance companies for the risks faced by these companies. The implementation of reinsurance is stated in a reinsurance agreement based on the principle of utmost good faith. In practice, the parties often violate the principle of utmost good faith, such as in the case between PT Asuransi Tugu Kresna Pratama and PT Agilent Risk Specialties and PT MAA General Insurance. PT Agilent Risk Specialties and PT MAA General Insurance do not pay claims and fulfil their obligations as reinsurance brokers and reinsurers. There is a violation of the principle of utmost good faith, which should have been the basis of the implementation of the reinsurance agreement. This event forms the basis of this research, namely formulating legal arguments with systematic results regarding legal rules relating to reinsurance company liability for violations of the principle of good faith in paying claims to insurance companies.]]>
