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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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Mitigasi Risiko Penyelenggaraan Lelang Eksekusi Hak Tanggungan pada Kantor Pelayanan Kekayaan Negara dan Lelang Padang Ayu Fitriana
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.v6i1.875

Abstract

A mortgage rights is a security right that is charged to land rights and objects related to land, as regulated in Law 4 of 1996 Concerning Mortgage Rights To Land And Objects Related To Land. Dependents guarantee the debtor's debt in the event that the debtor is unable to pay the debt or defaults. If this happens, the creditor can carry out the execution of the collateral object, requiring prior approval from the mortgagee and not through the fiat of the head of the court. The execution of the mortgage execution auction is regulated in Regulation of the Minister of Finance Number 213/PMK.06/2020 concerning Instructions for Conducting Auctions. In practice, auctions of mortgage objects that are carried out pose risks, one of which is legal risk. This is because many debtors are not willing to hand over objects that are used as collateral for collateral to be sold through auctions. The data the author uses comes from the Padang State Assets and Auction Service Office. The results and discussion show that 1. The execution of the mortgage execution auction at the vertical unit Office of State Assets Services and Auctions applies the E-Auction, or electronic auction system. E-Auctions. 2. Regarding the risks described above, risk mitigation can be carried out, such as: 1. Coordinate with the Legal and Information Section regarding the implementation of auctions that have the potential for legal problems, 2. Coordinate with banks so that they focus on priority scales of auction implementation and problem-free (free and clear) auctions, 3 Conduct education and communication related to implementation auction of execution of rights to banking stake holders and auction buyers, 4. Coordinate more intensively with the land office regarding the ease of administrative arrangements related to the execution of mortgage execution auctions.
Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Penganiayaan Ringan di Kejaksaan Negeri Semarang Lilis Rahmawati; Safik Faozi
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.v6i1.876

Abstract

Emergence of Restorative Justice as a criticism of the implementation process in the criminal justice system, which has been viewed as ineffectual in resolving problems in people's lives. Restorative Justice is a procedural approach to settling criminal cases that entails the active involvement of individuals responsible for the offense, victims, relatives of both perpetrators and victims, as well as other pertinent stakeholders. The primary objective of this approach is to achieve a fair resolution by prioritizing the restoration of the affected parties to their original state, rather than focusing solely on retaliation. This research will analyze and explain how Restorative Justice is implemented against persecutors of the crime of persecution at the Semarang District Attorney, as well as what the obstacles in its implementation. This study employs a normative juridical research type with in concreto research specifications, secondary data gathered from library materials, and a qualitative data analysis methods. The results of the study show (1) Because the prosecution complied with the conditions of article 5 of Prosecutor's Regulation No. 15 of 2020 regarding Termination of Prosecution, Restorative Justice may no longer be applied to those who committed the crime of persecution at the Semarang District Attorney's Office. According to restorative justice, a first-time offender is subject to punishment under Article 351 for crimes and criminal acts of persecution (1) of the Criminal Code, as well as for the implementation mechanism through several stages beginning with stage two, peace efforts, peace process regulated in Article 7 to Article 12 until the prosecution is terminated with the issuance of a Decission Letter on Termination of Prosecution.(2) here are no obstacles in the application of Restorative Justice due to the interrelation of legal structure, legal substance and legal culture.
Pelaksanaan Indikasi Geografis oleh Masyarakat Perlindungan Indikasi Geografis (Mpig) Pasca Sertifikasi di Kepulauan Meranti dan Solok Monarisya Rialin; Zainul Daulay; Delfiyanti Delfiyanti
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.v6i1.877

Abstract

Geographical indications on a product can increase the economy if used and protected properly. However, not all registered Geographical Indication products experience significant price increases after certification, such as Sago Meranti. Therefore the role of the Geographical Indication Protection Society (GIPS) in post-certification governance is very important and influences the welfare of its members. This research is a normative-empirical research through a comparative approach using primary and secondary data. Based on the research, the results obtained were: 2. It is known that the implementation of Geographical Indications by the Sago Meranti Community Association (AMSM) has not been running optimally, marked by the not using the Geographical Indication logo on its product packaging which has not caused an increase in the price of Sago products, on the other hand, Geographical Indication Protection Society of Liberika Coffee Rangsang Meranti and Bareh Solok have experienced an increase in yield. production and price increases so as to have an impact on increasing the income of its members. 3. Alternative models used for Sago Meranti Community Association are a. Formation of legal policies by the Regional Government b. Management of quality and characteristics through the development of internal control guidelines, and 3. Marketing methods through the use of the Geographical Indication logo on product packaging and cooperation with the private sector and the Government.
Tanggung Jawab Notaris Setelah Berakhir Masa Jabatan Terhadap Protokol Notaris (Studi Kasus Putusan Pengadilan Negeri Pontianak Nomor 119/Pdt.G/2013/Pn.Ptk) Asfari Syukran An’Umillah
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.v6i1.878

Abstract

The Notary Protocol must be kept by the Notary for an unlimited period of time. Article 63 Paragraph (5) of the Notary Office Law states that the Notary's protocol from another Notary whose submission is 25 years old or more, is submitted to the Notary Regional Supervisory Council, but when there is a problem in the Notary's deed that the protocols provider is, the Notary's protocols provider is involved. perima protocols, problems with the problems above, what are the considerations of the judge in the decision on case number 119/Pdt.G/2013/PN Ptk related to the Notary's Responsibilities after the end of the term of office for the Notary's protocol? 119/Pdt.G/2013/PN Ptk?, Research Objectives To find out the judge's considerations in the case decision number 119/Pdt.G/2013/PN Ptk associated with Notary Responsibilities after the end of the term of office for Notary protocols and To find out responsibilities The notary who has retired according to the protocol is involved in case number 119/Pdt.G/2013/PN Ptk. This study uses a normative juridical research approach. The main material for this research is secondary data obtained from various pre-existing data based on laws, literature and other legal studies. Primary data from primary, secondary and tertiary legal materials, using qualitative data analysis and presented in a descriptive form. The results of this study indicate that: The legal considerations of the judges at the Pontianak District Court in deciding to declare Defendants I, II, IV and V had violated the law (Onrechtmatige daad) and the applicable laws and regulations and were very contrary to the sense of justice and legal certainty. Breaking the law (Onrechtmatige daad) Unlawful acts committed by the defendant, namely selling land, namely HGB, declared illegal and null and void. Regarding the Responsibilities of Notaries who have Retired Against Their Protocols Associated in Case Number 119/Pdt.G/2013/Pn Ptk, whereas the Notary Giving the protocol (Defendant III) Notary in this case does not violate the applicable legal provisions, because the Notary has made a power of attorney in accordance with the request of the power of attorney to the power of attorney.
Eksistensi Hukum Pidana Adat dalam Rancangan KUHP: Problematika Asas Legalitas dan Over-Kriminalisasi Beni Kharisma Arrasuli
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.v6i1.879

Abstract

This article discusses the dynamics of customary criminal law in the Draft Criminal Code (RKUHP), this is because the RKUHP is currently codifying customary criminal law in its regulations. Of course, this arrangement regarding the adherence to customary criminal law reaps pros and cons in the community, because the Criminal Code (KUHP) previously did not understand the existence of the phrase customary criminal law in its formulation of offenses. It is considered that the embodiment of customary criminal law in the RKUHP will cause problems with the principle of legality and can cause over-criminalization of the community, especially those in the customary law area. The enactment of customary criminal law in the RKUHP should be able to shift the meaning of the principle of legality which is a fundamental principle in Indonesian criminal law and does not rule out the possibility that the enactment of Article 2 paragraphs (1) and (2) of the Criminal Code will lead to a high quantity of criminalization in Indonesia. So a comprehensive study is needed to fix the problems of customary law offenses contained in the RKUHP, This aims not to cause misunderstandings for the community and to prevent confusion in understanding the purpose of a legal product renewal.
Hukum dan Investasi: Aspek Perlindungan Hukum oleh Otoritas Jasa Keuangan bagi Investor Pasar Modal Hasbuddin Khalid
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.v6i1.880

Abstract

The increasing number of investors in the Indonesian capital market is often not accompanied by sufficient legal protection for investors. With the presence of the Financial Services Authority (OJK) substituting the role of BAPPEPAM, it is hoped that the aspect of legal protection for investors will be more optimal. This study aims to analyze the legal protection provided by OJK to investors on the Indonesia Stock Exchange, both in terms of form, implementation, and effectiveness. This study uses empirical legal research methods by examining secondary data supported by primary data through interviews. The results of the analysis are presented using a qualitative-descriptive technique. The results of this study indicate that OJK facilitates three forms of legal protection for investors: first, pre-emptive protection in the form of financial literacy education to investors; second, preventive protection in the form of licensing authority for securities as well as regulation and supervision of financial services; and third, repressive protection through a series of authorities in the field of justice. However, based on the facts, several forms of OJK legal protection are deemed ineffective due to a number of factors, including legal structure, legal substance, and legal culture.
Analisis Yuridis Kepastian Hukum Terhadap Peralihan Hak Atas Tanah dalam Jual Beli Dibawah Tangan (Studi Putusan Nomor 535/Pdt.G/2018/PN.Smg) Desyifa Nurhidayah; 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.v6i1.881

Abstract

The process of buying and selling land should be carried out in front of an authorized official (PPAT) in order to obtain legal certainty in the form of a Sale and Purchase Deed (AJB) as evidence of the transfer of land rights or transfer of name at the Land Office. In general, there are still many buying and selling processes that are not carried out in front of PPAT or under the hands of some people. The research method used in this research uses qualitative methods and normative juridical approach methods with secondary data as the main data based on statutory approaches and primary data as supporting data obtained in the field. In this case, the sale and purchase carried out under the hand is still valid if it is in accordance with the agreement of the parties, but to ensure legal certainty, an authentic deed made by an authorized official is needed as proof of juridically valid ownership. Legal certainty in an agreement means that the agreement made by the parties applies like a binding law. Even though it is not in accordance with the provisions of the UUPA, the legal actions that occur have met the requirements of cash, light and real. The judge in deciding the case at No.535/Pdt.G/2018/PN/Smg. Stating that the sale and purchase carried out by the parties is valid, but needs to be completed with an authentic deed if it is going to change the name of the certificate or transfer of land rights.
Praktik Judicial Activism dalam Putusan Mahkamah Konstitusi Dikaitkan dengan Prinsip Pemisahan Kekuasaan Beni Kharisma Arrasuli; Yumni Nadhilah
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.v6i1.882

Abstract

The Constitutional Court is one of the perpetrators of the Judicial Power who performs the judicial function in Indonesia. One of the authority of the Constitutional Court is to examine the law against the Basic Law, this was born based on the principle of separation of powers and protection of human rights. Constitutional Court Judges have the freedom to interpret the Constitutional norms based on the independence of the Judicial Power. Interestingly, the Constitutional Court often issues controversial decisions because the Constitutional Court Judges apply the doctrine of judicial activism in their decisions. Judicial activism is a philosophy of making court decisions by putting forward the personal views of judges as a basis for consideration so that constitutional norms are interpreted beyond contextual provisions. So that Constitutional Court judges tend to make laws (judge making law) through decisions that should be the realm of legislators. The questions in this paper are: First, how is the practice of judicial activism in the Constitutional Court judge's decision. Second, what are the implications of the practice of judicial activism in the Constitutional Court's ruling on the principle of separation of powers? The writing of this article uses the method of normative legal research through a legal, historical and conceptual approach to answer whether there is a regulation that prohibits judges from the Constitutional Court to practice judicial activism. Furthermore, can this be said as strengthening the role of the Constitutional Court in creating a mechanism of checks and balances on the House of Representatives as a branch of legislative power that functions as a legislator in the system of separation of powers in Indonesia.
Kewenangan Badan Penyelesaian Sengketa Konsumen dalam Menangani Sengketa Wanprestasi Antara Konsumen dengan Pelaku Usaha Demak Setio Laksono
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.v6i1.883

Abstract

Technology sustainability and industrial revolution create numerous of changes which one is commerce or trading especially on mechanism or scheme of sale-purchase between consumer and producer (entrepreneur). Effect of it is also make an impact to convenience for entrepreneur or seller for their trading and marketing. To avoid entrepreneur that exploit the circumstance and protecting consumer, Government regulate and legalize regulation number 8 1999 concerning Consumer Protection. By regulation and legalization, Government restricts entrepreneur act in order to not do faulty and bad faith that can damage consumer direct or indirectly. If there are any loss of consumer, Regulation number 8 1999 concerning Consumer Protection provide forum of dispute settlement through Consumer Dispute Settlement Body (BPSK). In civil law, civil dispute divides to be Act Against Law (PMH) and Breach of Contract, it means BPSK can settle PMH and Breach of Contract. In fact, there are exist any awards of state district court in Indonesia that stipulates BPSK is not have authority to hearing and deciding Breach of Contract. In conclusion, arises assumption or opinion that ambiguity of BPSK authority for hearing and deciding Breach of Contract.
Konsumen Perbankan Oleh Otoritas Jasa Keuangan dan Perlindungan Hukumnya Ahmad Jamal Assegaf
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.v6i1.884

Abstract

The globalization of the financial system, significant advancements in the field of information technology, and innovations in the financial sector have all contributed to the creation of a financial system that is sophisticated, dynamic, and interconnected in terms of the products and institutions found across the various financial subsectors. Concerns for the Financial Services Authority include integrated supervision of the financial services industry (conglomerate), consistent consumer protection policies across the entirety of the financial services sector, acts that represent moral hazard, and suboptimal consumer protection in the financial services industry. Consumer protection in the financial services sector aims to create a reliable consumer protection system, increase consumer empowerment, and raise financial service business actors' awareness of the significance of protection in order to increase public confidence in the financial services sector. This is done in order to increase the amount of money that people put their trust in the financial services sector to earn. The establishment of consumer protection legislation is of the utmost importance. This is in compliance with the existing legislation for the purpose of avoiding potential complications in the future created by the fact that everyone, either individually or collectively, will ultimately become a customer for a certain product or service.

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