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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
Kedudukan Hukum Alat Bukti Petunjuk Rekaman Cctv Oleh Hakim Dalam Menjatuhi Hukuman Pidana (Studi Kasus Putusan NO.141/PID.B/2018/PN SLW/Pengadilan Negri Slawi) Ika Yanuarita; Wenny Megawati
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.v6i1.906

Abstract

This research discusses the legal position of CCTV footage evidence by judges in sentencing criminal law (Case Study of Decision No.141/PID.B/2018/PN SLW/Slawi District Court). The type used in this research is normative juridical. Normative juridical where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for human behavior that are considered appropriate. In this case study, the authors examine decisions related to the research topic, namely Decision No.141/PID.B/2018/PN SLW/Slawi District Court. The decision is a decision in a criminal case of theft using Close Circuite Television (CCTV) evidence. The data analysis method used in this study is a qualitative analysis method. Data obtained from the results of the literature, juridically, will be presented and analyzed based on the theory of criminal law and applicable legal regulations, so that from here correct and objective conclusions will be obtained about the legal position of evidence of CCTV recording instructions by judges in sentencing criminal sentences. The results of this study are: 1) The position of CCTV footage as evidence in the criminal justice process in the Slawi District Court case study does not include evidence. However, the CCTV along the toll road up to Tegal was used as evidence by the Slawi District Court and the public prosecutor because there was information from experts; and 2) The judge's consideration of the CCTV footage as valid evidence in a crime in the decision of the Panel of Judges makes the CCTV footage a reinforcement of the statements of witnesses presented in the investigation and supported by expert testimony.
Perlindungan Hukum Terhadap Pembeli Rumah Bersubsidi Perspektif Kompilasi Hukum Ekonomi Syariah Di Kecamatan Percut Sei Tuan Kabupaten Deli Serdang Zainuddin Hasibuan; 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.v6i1.907

Abstract

This research departs from the case that occurred at Griya Widuri Housing, where the state and the housing organizer, namely the developer, were deemed unable to carry outtheir obligations as they should, thus sacrificing the rights that consumers should have, namely a comfortable and safe place to live. This is due to the role of unscrupulous local residents who force and threaten their comfort and security if they do not use their services as construction workers in the housing organization area. This type of research is field research. This research approach is a sociological legal approach, using qualitative methods. The location of this research was carried out at the Griya Widuri Housing complex located at Jl. Sugeng, Sumber Rejo Timur district Percut Sei Tuan, Deli Serdang Regency, North Sumatra. The research uses primary data, namely interviews with consumers of Griya Widuri Housing, while the primary legal material is the Republic of Indonesia Supreme Court Regulation Number 2 of 2008 concerning the Compilation of Sharia Economic Law and Law Number 1 of 2011 concerning Housing and Settlement Areas. In this study, the researcher concluded that based on the Compilation of Sharia Economic Law, every transaction in Islam must be able to protect the interests and rights of consumers in replacing or covering losses experienced by consumers. So that housing developers guarantee that the quality of house buildings complies with applicable quality standards, also guaranteeing the creation of housing that is healthy, safe, harmonious and sustainable.
Kewajiban Penyertaan Kartu BPJS Kesehatan Pada Transaksi Jual Beli Tanah dan Bangunan dalam Rangka Optimalisasi Program BPJS (Studi Inpres Nomor 1 Tahun 2022 Tentang Optimalisasi Pelaksanaan Program Jaminan Kesehatan) Muhamad Aditya Saputra; Aisyah Ayu Musyafah
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.v6i1.908

Abstract

To optimize the implementation of the national health insurance program (JKN), increase accessibility to quality medical services, and ensure the sustainability of the JKN program, President Joko Widodo issued Presidential Instruction (Inpres) no. One of 2022 concerning optimizing the implementation of the JKN program which was issued on January 6, 2022 The Minister of ATR/BPN was instructed by the president to guarantee that applicants for registration of transfer of land rights due to a sale and purchase are those who are active participants in the JKN program. The research method in this study is a type of normative legal research. Through the study of literature and other legal materials, the material is then analyzed through legal interpretation both functionally and teleologically and then conclusions will be drawn using the deductive method. The conclusion is that in selling land purchases without including the BPJS Health card, it is still valid based on PP no. 24 of 1997, but as an effort to make the JKN program optimally sustainable, the government also implies the BPJS Health card as a requirement in buying and selling land.
Pemenuhan Hak Anak Bawaan Narapidana Wanita yang Tinggal dan Masuk Pada Lingkungan Lembaga Pemasyarakatan Tarisa Veronika Putri; Mitro Subroto
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.v6i1.909

Abstract

This study aims to determine the rights obtained by every child of female prisoners who live and enter the correctional environment. The research method used in this research is a qualitative research method that emphasizes the phenomenon and the meaning of the phenomenon which is then analyzed by the norms in the existing laws and regulations. The data source used is secondary data in the form of laws and regulations, policies, literature, previous research results, and other related documents. The results showed that there are already laws and policies that have regulated the fulfillment of the rights of children born to women prisoners both international and national regulations, although there are no guidelines related to the fulfillment of these rights, as well as the discovery of obstacles in the form of regulations, budgeting, human resources, facilities and infrastructure and cooperation in fulfilling the rights of children born to women prisoners so that it is hoped that the drafting of regulations to overcome this.
Tinjauan Viktimologi Terhadap Anak dalam Tindak Pidana Penyalahgunaan Narkotika Anisa Rahma Dianti; Hery Firmansyah
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.v6i1.910

Abstract

In facing the issue of drug abuse, Indonesia and ASEAN countries have committed to combating this global threat through various regional and international programs and cooperation. Despite Indonesia having relevant drug laws since 1997, the increasing complexity of drug abuse prompted a revision of these laws in 2009. The Narcotics Law defines narcotics as drugs that can be used for specific medical treatments, but when abused, can endanger society, especially the younger generation. Therefore, the law focuses on the abuse and trafficking of narcotics. However, addressing this issue is not easy as narcotics are an organized transnational crime. This article also discusses various terms related to drug use, including addicts, abusers, victims of drug abuse, and former addicts. The articles in the Narcotics Law also state sanctions for drug abusers, with an emphasis on medical and social rehabilitation. The importance of protecting children from drug abuse is also emphasized, with an explanation of the categories of children applicable in Indonesia. Children involved in drug abuse should receive legal protection in accordance with child protection laws. Furthermore, this article also discusses diversion as a restorative justice approach used in handling cases of drug abuse by children.
Perlindungan Hukum Dokter Program Pendidikan Dokter Spesialis (PPDS) Terhadap Pelimpahan Wewenang Dokter Spesialis dalam Pelayanan Medis di Rumah Sakit (Studi Kasus di Rumah Sakit Umum Pusat Dr. M. Djamil Padang Bagian Obstetri dan Ginekologi) Nadia Tiara Syahredi Adnani; Syofirman Syofyan; 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.v6i1.911

Abstract

The doctor's service at a hospital, becomes the future cycle of the hospital itself in the middle of society. The impact of a service and the acceleration of services performed by doctors and other medical personnel will have an impact, both positive and negative, on the image of the hospital. Legal questions that may arise from the hospital service when the medical action that should be performed by the doctor responsible for the patient but carried out by the general practitioner. Medical action carried out by a caregiver against a patient will be a legal issue for doctors and hospitals when such action is detrimental to the patient, while such an action is a fulfilment of the duty that should be performed by the Patient Responsible Doctor.
Pertanggungjawaban Pidana Pers dalam Tindak Pidana Pencemaran Nama Baik Dihubungkan dengan Undang-Undang Nomor 40 Tahun 1999 Tentang Pers (Studi Putusan Nomor 46./Pid.Sus/2021/Pn.Pip) Nurdin Nurdin; Deny Guntara; 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.v6i1.912

Abstract

In a democratic country, press freedom is very important. As one of the pillars of democracy, the Press Institution has an important role in translating the value of freedom of opinion, obtaining reliable information, and trying to unite the nation. Press workers believe that the detention of columnists during this fair period has really stifled the imagination of press workers and endangered opportunities for articulation as guaranteed in the constitution and Law Number 40 of 1999 concerning the Press. Law Number 40 of 1999 concerning Press Review Decision Number 46./Pid relates to the issues raised in this article regarding criminal liability of the press for acts of defamation. Based on Law Number 40 of 1999 concerning the Press, the person responsible for news material is the media editor, usually represented by the Editor-in-Chief (Pemred), if legal collection occurs. This article uses a normative method to determine the criminal liability of the press. A press regulatory responsibility framework could also be imposed on press organizations. “Vicarious Liability” is the term for this kind of responsibility.
Keabsahan Perdamaian Kedua oleh Debitor Pailit dalam Proses Penundaan Kewajiban Pembayaran Utang (PKPU) Achmad Sidik Jamaludin; Friedmus Imanuel Francis; Joko Kuncoro Adi; Alif Azis Assyadili
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.v6i1.913

Abstract

Article 292 of the Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt stipulates that reconciliation cannot be resubmitted by the debtor. Case in Decision Number 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby. it was found that there were bankrupt debtors who proposed a second peace, as well as ratification of the peace by the panel of judges. Based on this, of course there is a discrepancy in the implementation of the second reconciliation based on the provisions of the laws and regulations in the PKPU process. The purpose of this study is to explore the judge's basis for implementing the second peace in the PKPU process and the legal consequences of implementing the second peace. In addition, it also aims to explore the legitimacy of the second peace. This study uses a type of normative juridical method, with a statutory regulation approach, a case approach, and a conceptual approach. The results of the study show that the basis of the judge used to implement the second reconciliation proposed by the bankrupt debtor is non-juridical in nature. The legitimacy of the second reconciliation proposed by the bankrupt debtor thus needs to be doubted, bearing in mind that the statutory provisions do not regulate this. Renewal of laws and regulations related to the second reconciliation by the bankrupt debtor thus becomes an urgency to be realized, in order to create legal certainty as well as justice for the parties.
Analisis Yuridis Penyimpanan Minuta Akta Notaris Secara Elektronik Thea Farina Embang; Elin Sudiarti
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.v6i1.914

Abstract

Several studies explain that there is overlap between the duties of a notary and electronic storage of notarial deeds which is very rare in Indonesia. Using a digital-based deed, such as the minutes of an electronic notary deed, is still difficult to accept. This study aims to look at the study of juridical law enabling fast-paced information technology to be utilized to digitize minutes of notarial deeds. This approach is a qualitative study based on normative legal procedures. Based on the findings, using minutes of notarial deeds electronically is not yet possible in Indonesia at this time.
Perlindungan Hukum Kerugian Franchisee Akibat Perbuatan Melawan Hukum Dalam Perjanjian Waralaba Hanashobu Japanese Noodle Bar Putri Nur Annisa; Fitika Andraini
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.v6i1.915

Abstract

The franchise case fulfills an unlawful act in the case of the Surabaya court decision number 837/Pdt.G/2021/Pn.Sby because the procedure is not in accordance with PP NO.42 of 2007 concerning Franchising and PERMENDAG NO. 31/M-DAG/PER/8/2008 causing losses to franchisees. In the franchise agreement there must be a franchise registration certificate, but in the hanashobu japanese noodle bar franchise agreement there is no STPW. This research is a normative research with descriptive analysis research method. Analysis of the Surabaya court decision number 837/Pdt.G/2021/Pn.Sby. The research results conclude that legal protection is given after a dispute arises or is resolved. In this case the franchisee filed a lawsuit with the Surabaya District Court to get the fairest decision. secondly, after the agreement is declared null and void, the franchisor is responsible for returning the franchisee's losses, both material and immaterial.

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