cover
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
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
Perlindungan Konsumen atas Jaminan Keamanan Pangan dan Mutu Pangan atas Produk Makanan & Minuman oleh Pelaku Usaha Waralaba Brian Michel Yosua Pasaribu
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.v6i1.885

Abstract

The culinary franchise industry in Indonesia is experiencing rapid growth in line with the modern era. The business has become popular because it allows for company expansion in a short period, such as in fast food franchises. Domestic and international franchises have brought much success to Indonesia. Food safety and quality policies need to be developed by fostering, developing, and improving franchising businesses. Franchise business expansion must be in line with consumer protection, ensuring the quality of products provided. Franchising opportunities are attractive for those who want to start a business with local and global franchises. Providing high standards and quality in service and sales is important, including obtaining approval from BPOM. However, not all franchise companies have obtained this accreditation. Laws have been enacted to protect consumers' rights to marketed products.
Implikasi Hukum bagi Perusahaan Penanaman Modal Asing di Sektor Pertambangan dalam Melaksanakan Kewajiban Divestasi Saham Dicky Denata
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.v6i1.886

Abstract

The presence of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, and Government Regulation Number 96 of 2021 concerning Implementation of Mineral and Coal Mining Business Activities gives a new color to the world of mining stock investment in Indonesia. The change in regulation has caused problems related to disagreements and company disobedience to divestment obligations. This research method is normative juridical so as to produce secondary data that can be analyzed qualitatively. The case study focused on PT Freeport Indonesia's disobedience and disagreement with the obligation to divest shares related to the contract of work which still adheres to past regulations. The shares divestment offer made by the Mining Business Permit and Special Mining Business Permit holders was not achieved due to the uncertainty of the mechanism in the applicable regulations. Legal protection for foreign investment companies in carrying out divestment obligations is needed to build the economy and prosperity of the people in Indonesia.
Penyidikan oleh Kejaksaan Terhadap Tindak Pidana Korupsi yang Dilakukan Aparat Penegak Hukum Ainus Sofa Ilmi; Dwi Endah Nurhayati; Halif Halif; Echwan Iriyanto; Dodik Prihatin AN
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.v6i1.887

Abstract

Based on Article 11 paragraph 1 of the Corruption Eradication Commission Law, the investigation process for criminal acts of corruption falls under the authority of the KPK. However, most of these investigations are carried out by the police or prosecutors. So whether prosecutor investigators have the authority to investigate corruption crimes against law enforcement officials is reviewed based on the Prosecutor's Law in conjunction with the Corruption Eradication Commission Law. As well as what are the legal consequences of investigations conducted by prosecutor investigators against law enforcement officials who commit acts of corruption in terms of the Corruption Eradication Commission Law. The results of this study can be concluded first, that the prosecutor's office has the authority to investigate criminal acts of corruption committed by law enforcement officials. However, based on the principle of lex specialis derogat legi generalis, it is the KPK that is in charge. Second, based on the provisions of the KPK Law, the KPK can take over the investigation process. This takeover attempt was not carried out by the KPK so that the KPK violated the code of ethics because it did not carry out its duties and authorities properly.
Legal Protection for Consumers Due to Breach of Contract by Business Operators in Electronic Transactions (Case Study Of Harizqi Azri and Juni Fairnando) Nadia Mardesya; Richard Candra Adam
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.v6i1.888

Abstract

Electronic transactions refer to the process of buying and selling goods and services over the Internet. With the presence of electronic transactions, it has become much easier to engage in various transactions. However, there are still many parties with the intention of committing crimes. Therefore, there is a need for legal protection for consumers in electronic transactions. The legal protection for consumers is regulated by Law Number 8 of 1999 concerning Consumer Protection (UUPK). The common violations committed by business actors involve the infringement of Article 4 of the UUPK, which pertains to consumer rights. Consumers experience losses and breaches of contracts due to the exploitation of situations by business actors. In addition to the UUPK, in electronic transactions, consumer protection is also regulated by Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE). Consumer protection, as explained in Article 1, Number 1 of the UUPK, emphasizes that all efforts are made to ensure legal certainty in order to provide protection for consumers.
Teknis Perpajakan bagi Perusahaan yang Mengalami Kepailitan di Indonesia Kinara Mamora
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.v6i1.889

Abstract

This journal discusses the technical taxation issues related to companies undergoing bankruptcy. Companies experiencing bankruptcy are still required to report and pay taxes as usual, albeit with some differences in the conditions before bankruptcy occurs. During the bankruptcy period, the company must continue to pay taxes on the income received during its operational period, even though in bankruptcy, the company will prioritize repaying all debts to creditors. Various taxes still need to be paid in the situation of a bankrupt company, including Value Added Tax (VAT), Property Tax (PBB), and Income Tax. Companies undergoing bankruptcy also need to prepare Annual Tax Reports, which are mandatory, with tax rates varying depending on the type of reported income. Taxation issues are crucial in the context of companies experiencing bankruptcy. Companies must understand and manage their tax obligations well, even in bankruptcy.
Implementasi Penjatuhan Denda dalam Putusan Perkara Pelanggaran Pasal 17 Undang-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat Nurdiani Yusnita Sari
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.v6i1.890

Abstract

This study aims to review the implementation of fines imposed by the Business Competition Supervisory Commission (KPPU) in decisions related to violations of Article 17 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition as amended by Law Number 11 of 2020 concerning Job Creation. This study used a qualitative method by analyzing four KPPU decisions that reflect the implementation of fines for violations of Article 17 of the Antimonopoly Law. The results showed there was a mismatch between the amount of fines imposed and the losses caused by monopolistic practices and unfair business competition. This study recommends changing the KPPU's administrative sanction system from the weight of the actors to the losses incurred and felt by the public, changing the method of calculating fines based on Government Regulation Number 44 of 2021, establishing an external oversight mechanism for the KPPU, functional differentiation within the KPPU, and granting authority to reporters to file objections to the court.
Kebijakan Perizinan Berusaha di Indonesia dan Kepastian Hukum bagi Investor Pasca Putusan Inkonstitusional Bersyarat UU Cipta Kerja Olivia Sabrina Br Manik
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.v6i1.892

Abstract

The development and progress of investment activities is one of the things that has a very large role for the movement of the national economy. In order to maintain national economic stability, the government opens opportunities for investors with various facilities provided by Law Number 11 of 2020 concerning Job Creation (“Job Creation Law”). However, it is known the Job Creation Law was declared conditionally unconstitutional by the Constitutional Court Decision Number 91/PUU-XVIII/2020. Clarity is urgently needed regarding all regulations related to investment in order to realize the main objectives of the investment activity itself and to avoid all difficulties related to licensing bureaucracy. This normative research seeks to describe the business licensing policies after the Job Creation Law, the government's attitude towards the formal test decisions of the Job Creation Law, especially legal certainty for investors after the unconstitutional conditions of the Job Creation Law. Based on the research results, it is known that in order to guarantee legal certainty, investors should be able to continue carrying out their business activities on the basis of the Job Creation Law and its implementing regulations.
Implikasi Penerbitan Omnibus Law Undang-Undang Nomor 4 Tahun 2023 tentang Pengembangan dan Penguatan Sektor Keuangan (UU P2SK) Terhadap Peran Otoritas Jasa Keuangan (OJK) dalam Sektor Keuangan Yuliana Syafitri
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.v6i1.893

Abstract

The issuance of the omnibus law in overcoming hyperregulation conditions has led to a long discussion in Indonesia. This is because the omnibus method is commonly used in countries that use the common law legal system. Meanwhile, Indonesia uses a civil law legal system that prioritizes codification as a solution to the hyper-regulation problem. However, Indonesia continues to adopt the omnibus method through one of which is the issuance of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUP2SK). This has an impact on the role of OJK in supervising the financial sector in Indonesia. The results of the research show that there is additional authority possessed by the OJK. In addition, its independence is also enhanced to realize financial climate stability.
Upaya Re-Definisi Korporasi dalam Undang-Undang Nomor 1 Tahun 2023 Muhammad Djaelani Prasetya; Ratnawati Ratnawati
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.v6i1.894

Abstract

The phenomenon of community associations or associations that do not have legal entities leads this research to seek a re-definition of corporations in Law Number 1 Year 2023. The research is conducted normatively with a historical, statutory and case approach. This will be analyzed qualitatively in order to answer legal questions. The research found that First, the history of corporations in the United States has described the development of terms, understanding, bad behavior, criminal administration, prosecution, criminal liability to deferred prosecution aggrement. Second, the efforts to redefine corporation are divided into 3 (three) things, namely 1) based on legislation, where 7 (seven) phases of development of the meaning of corporation are found, both indirectly and directly; 2) based on the existence of the Business Competition Supervisory Commission which has a connection with corporate crime and can cause problems in the future if it is connected to Article 146 of the New Criminal Code; and 3) based on a systematic review of the New Criminal Code which can cause problems such as the existence of terms without understanding or explanation, the existence of almost the same meaning without explanation, the contradiction of terms and the use of unnecessary words.
Problematika Pengajuan PKPU oleh Kreditor Berdasarkan UU No. 37 Tahun 2004 Tentang Kepailitan dan PKPU Benedictus Hananta Manogihon; Ditha Wiradiputra
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.v6i1.895

Abstract

Postponement of Debt Payment Obligations is an effort that can be made by the Debtor to avoid bankruptcy. The purpose of this research is to explain the efforts to postpone the payment of debts from a legal perspective and to find out the practice of suspension of obligations for payment of debts in court, especially regarding the submission of applications for suspension of obligations for payment of debts by creditors. The method used is normative juridical. Data obtained through document study. The results of this study are that the considerations of the Panel of Judges in this case are normative and in accordance with the applicable provisions, namely Law number 4 of 1998 covering the reasons for submitting an application for Suspension of Obligations for Debt Payments, filing an application for Suspension of Obligations for Debt Payments in response to a petition for bankruptcy, granting a Suspension of Obligations for Debt Payments Debt Payment Obligations, management fees, and management fees.

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