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Iyah Faniyah
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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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Perlindungan HAM Dari Perbudakan Modern Bagi ABK Indonesia di Kabupaten Tegal (Studi Pada ABK yang Tergabung Di Komunitas INFISA) Satriya Aldi Putrazta; Caesar Dimas Edwinarta; Annas Rasid Musthafa; Nur Alifia Fitriani; Dzakirah Najyala Fakhirani El-difra
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.v6i1.973

Abstract

The protection of human rights for crew of vessels, which is one of the professions in the seafaring and maritime sector, has become an urgency after the increasing cases of modern slavery in Indonesia. Therefore, this research will examine the implementation and optimization of human rights protection for Indonesian crew of vessels, especially those from Tegal Regency. This research uses an empirical legal research method using a descriptive qualitative approach to examine the problems and strategies for optimizing human rights protection for Indonesian crew of vessels. Based on the results of this research, it explains that the practice of modern slavery that often occurs with Indonesian crew of vessels includes exploitation of workers by forcing them to work for 18 hours or more a day, inadequate work wages, a workplace atmosphere that is not conducive, and a lack of supporting facilities for the comfort and welfare of workers. In addition, there are other findings that explain that the protection of the human rights of crew of vessels is regulated in Indonesian legislation and international conventions that have obliged all levels of society to participate in providing human rights protection to Indonesian crew of vessels.
Aturan Non Fungible Token (NFT) dalam Hukum di Indonesia Muhammad Alief Bayu Syahputra; Rahandy Rizki Prananda
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.v6i1.974

Abstract

Crypto assets, especially non-fungal tokens (NFT), have now become a trend for the public to be traded. This brings a lot of influence, both the acquisition of large profitability by business people and the large losses from these business people. Regulations related to NFTs are still very limited which has led to the development of perspectives to regulate NFTs in a comprehensive manner. The study that will be carried out is a type of normative law through the study of literature and other legal materials, for example principles, rules and also legal norms. The results of the study show that there are no specific rules regarding unified NFTs, they cannot be used as the main motive for making new regulations related to NFTs. This is because new drafting rules cannot provide a clear solution for every problem and can sometimes be detrimental to NFT practices which tend to be dynamic. This can arise if regulatory arrangements are not based on a philosophical, economic, juridical or sociological basis.
Tinjauan Yuridis Penerbitan Sertifikat Tanah tanpa Surat Pernyataan Pelepasan Hak Atas Tanah (SPPHT) dari Pemilik Tanah Sebelumnya Muhammad Fandi Asnan; Siti Mahmudah
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.v6i1.975

Abstract

There was a land dispute problem in Parit Village which led to a fight over land ownership by the first party as the owner of the land certificate without being accompanied by a Statement of Relinquishment of Land Rights (SPPHT) from the second party as the previous owner. The purpose of this research is to find out the procedures for land registration using the SPPHT from the previous owner and the legal consequences that arise as a consequence of the absence of the SPPHT in making certificates. In this study, the research method used is juridical-normative. The data collection technique used in this research is literature study, namely by focusing on appropriate legal sources. The results of the study show that in the procedure for registering land certificates for the transfer of land rights, the SPPHT has an important position as one of the conditions that must be met by both parties. The existence of SPPHT is necessary to ensure the validity and legal certainty in making land certificates. However, if the SPPHT is not included in the process of making land certificates, it can result in the issuance of multiple certificates. This can have an impact on the existence of sanctions given to the parties involved in the problem.
Tinjauan Yuridis Mengenai Hak dan Kewajiban Notaris dalam Pembuatan Akta Otentik Puspa Anggraini; Aju Putrijanti
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.v6i1.976

Abstract

If signed in front of a notary, an authentic deed is a letter in a format determined by law and can be used as evidence that is flawless. The notary concerned must assume full responsibility for the situation if there is a problem with the deed he signed, whether it is related to civil, criminal, UUJN, or code of ethics issues. The notary will be released from this obligation if he has resigned from his job. The purpose of this study is to discuss and examine the obligations of a notary in making authentic deeds and to clarify what these rights are. Descriptive research combined with normative legal analysis methods. The notary can still be held accountable even though his term of office has ended or after the notary retires if an original deed drawn up before a notary turns out to be invalid and is detrimental to the parties.
Keabsahan Tanda Tangan Elektronik oleh Notaris Louis Figgo; Bambang Eko Turisno
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.v6i1.977

Abstract

This research examines legal studies related to the validity of electronic signatures by Notaries in Indonesia. A notary is a public official who is responsible for making a deed. If in carrying out their profession it is proven that they have committed mistakes and misuse, the notary will be subject to sanctions, both civil, administrative and criminal sanctions.The research method used is normative juridical study, namely research studies originating from legal sources such as laws and regulations, and expert opinion to research studies related to the title chosen by the researcher. The result of this research is that it is known that as a public official, a notary has a position in making authentic deeds. The rapid development of information technology has affected the legal profession, one of which is the notary profession. The influence on the notary profession can be seen with the concept of a cyber notary. Electronic signatures already have provisions in the ITE Law. This is reinforced by UUJN-P Article 15 paragraph 3 which gives authority to certify electronic transactions. However, it is continued in Article 16 paragraph 1 which states that at the time of signing this, the notary must be physically present. This makes the notary's signature electronically receive recognition from the law, it's just that no law regulates it specifically and in detail.
Pelaksanaan Kawin Bajapuik Dan Uang Hilang Di Kabupaten Padang Pariaman Rahmat Putra Syahyu Razak; Dahlil Marjon; Yasniwati Yasniwati
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.v6i1.980

Abstract

Marriage is an event in the life of every human being. Marriage that occurs between a man and a woman will have both physical and spiritual consequences between them, on society and also disputes with assets acquired between them both before, during and after the marriage takes place. Marriage according to customary law is a very important matter because it does not only involve the relationship between the two parties of the bride and groom, but also concerns the family relationship between the two parties. In the area of ​​West Sumatra, specialy in Padang Pariaman Regency, there is a uniqueness in the marriage system, namely the "Bajapuik" and "lost money" traditional marriages. Normally in a marriage procession, it is the man who proposes to the woman's family, but in the traditional Pariaman marriage system it is not same. In the traditional marriage procession in Padang Pariaman, the application process is carried out by the female family, the male family is only waiting for the female family to arrive. This procession occurs in the traditional Bajapuik marriage in Padang Pariaman Regency, where "Bajapuik" means "to pick up". In this study, the authors took the formulation of the problem, What are the procedures for bajapuik marriage and lost money and why is the lost money tradition still being carried out, How is the implementation of bajapuik marriage and what are the legal consequences if it is not carried out and, What are the obstacles to the collection of money and the solution to the lost marriage of bajapuik and money in Padang Pariaman. The research used is a sociological juridical approach that is analytically descriptive in nature, namely examining the reality of marriage law that applies in society. Sources of data used are primary data and secondary data. This research was conducted in 4 different places.
Pendaftaran Tanah Jalan Umum Sebagai Aset Publik di Kota Pariaman Fara Ditha; Kurnia Warman; Hengki Andora
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.v6i1.981

Abstract

Public road land is a public asset whose control lies with the state. In accordance with Article 9 paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration, registration of land whose object is state land is carried out by recording the plot of land in the land register. The State Finance Law and the State Treasury Law provide a different understanding. The central and regional governments are required to certify all land they control without distinguishing between private domains or public domains attached to the objects being registered, so that control over public road land which should belong to the state, changes to the property of a government agency. The research method used is a normative empirical approach which is descriptive qualitative in nature. The results and discussion show that the basis for consideration by the Pariaman City Regional Government for registering public road land is based on Pariaman City Regional Regulation Number 14 of 2017 concerning Management of Regional Property and Pariaman Mayor Regulation Number 58 of 2019 concerning Technical Instructions for Management of Regional Property which was born from a KPK Instruction . Initially, the status of public road land in land administration was state land (TN), but because it was registered in KIB A, the status changed to Hak Pakai (P). The process for registering public road land is the same as registering land for government agencies whose objects are used to carry out the duties of the government agency concerned.
Perlindungan HAM Dari Perbudakan Modern Bagi ABK Indonesia di Kabupaten Tegal (Studi Pada ABK yang Tergabung Di Komunitas INFISA) Satriya Aldi Putrazta; Caesar Dimas Edwinarta; Annas Rasid Musthafa; Nur Alifia Fitriani; Dzakirah Najyala Fakhirani El-difra
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.v6i1.982

Abstract

The protection of human rights for crew of vessels, which is one of the professions in the seafaring and maritime sector, has become an urgency after the increasing cases of modern slavery in Indonesia. Therefore, this research will examine the implementation and optimization of human rights protection for Indonesian crew of vessels, especially those from Tegal Regency. This research uses an empirical legal research method using a descriptive qualitative approach to examine the problems and strategies for optimizing human rights protection for Indonesian crew of vessels. Based on the results of this research, it explains that the practice of modern slavery that often occurs with Indonesian crew of vessels includes exploitation of workers by forcing them to work for 18 hours or more a day, inadequate work wages, a workplace atmosphere that is not conducive, and a lack of supporting facilities for the comfort and welfare of workers. In addition, there are other findings that explain that the protection of the human rights of crew of vessels is regulated in Indonesian legislation and international conventions that have obliged all levels of society to participate in providing human rights protection to Indonesian crew of vessels.
Pembatalan Sertifikat Pelatihan Peningkatan Kualitas Jabatan Notaris Sebagai Syarat Pengangkatan Notaris (Studi Putusan Mahkamah Agung Nomor3P/HUM/2022) Indah Delima Fitrah; Busyra Azheri; Wetria Fauzi
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.v6i1.983

Abstract

Through Supreme Court Decision Number 3 P/HUM/2022, the request for judicial review of Article 2 paragraph (3) letter of Minister of Law and Human Rights Regulation Number 19 of 2019 was granted, which implied canceling one of the conditions for appointing a Notary, namely a photocopy of the Quality Improvement Training certificate Notary Position. The research method used is normative juridical, with a case approach. The results of the author's findings are that the Supreme Court thinks that legal norms which have been tested and declared to conflict with higher laws and regulations and declared to have no binding legal force, may not be re-published in a regulation. After the Supreme Court Decision Number 3 P/HUM/2022, the process of appointing Notaries in 2022 still uses reference to Article 2 of the Regulation of the Minister of Law and Human Rights Number 19 of 2019 as a whole, including Training to Improve the Quality of Notary Positions as a condition for appointing Notaries. So, prospective Notaries who have completed all the requirements other than Training to Improve the Quality of Notary Positions, cannot apply for appointment.
Efektivitas Aturan Penggunaan Produk dalam Negeri pada Pengadaan Barang/Jasa Pemerintah Wawan Zulmawan
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.v6i1.984

Abstract

Various regulations for the use of Domestic Products have existed since 2014, but implementation in the procurement of goods/services has not run optimally, at least until the end of 2022. Through empirical normative legal research, a study was conducted on the rules for using the Domestic Product. Referring to Lawrence M. Friedman's theory of legal effectiveness, it is known that the cause of the ineffectiveness of this rules is due to the low understanding of legal substance due to the lack of socialization of the rules, the legal structure in the form of P3DN Teams that have not been formed in many government agencies, and the legal culture is still seen as a culture of apathy due to a lack of understanding of the rules. Therefore, in addition to imposing strict sanctions, the existence of Presidential Instruction number 2 of 2022 concerning Accelerating the Increase in the Use of Domestic Products and Products of Micro, Small Enterprises and Cooperatives in the Context of Succeeding the Proud Made in Indonesia National Movement in the Implementation of Government Goods/Services Procurement on the 30th March 2022, is expected to force the use of Domestic Products in procuring goods/services in government.

Page 74 of 391 | Total Record : 3910

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