cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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
 80   81   82   83   84 
Teori Hukum tentang Pembedaan Pemaknaan Kerugian Negara dan Risiko Bisnis Kiagoos Adhimas Muhamad Adhiperwira
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.v6i1.1067

Abstract

The ambiguity of state losses and business risks occurs because there are still differences of opinion between the status of SOE financial management as state losses or business risks. The current paradigm in Indonesia occurs because there is a Constitutional Court Decision regarding State Finances for the separation of state assets, especially in SOE. The different theory is that state losses are not the same as business risks. The management of state finances has a cost basis for carrying out social services and welfare that is oriented in the realm of public administration law, the responsibility is given to the executive branch in this case the President and the Minister of Finance in order to manage state finances whose funds will come from the state budget. The oversight function of public financial management is cost-oriented to carry out public services and the welfare of its oversight function to the DPR while separated state assets have an investment basis which in the event of a loss is a business risk that needs to be reviewed from the perspective of business judgment rules which are oriented in the realm of private law. the oversight function shifted from the Minister of Finance to the Minister of SOE, this is proven by the Minister of SOE being a representative of the State as the SOE Shareholder. Meanwhile, state losses that are oriented towards criminal acts of corruption or criminal law must fulfill elements of unlawful acts, such as bribery, and abuse of office for personal gain as stipulated in Law 20/2001.
Kajian Hukum Terhadap Kedudukan Uang Koin (Logam) dalam Pengembalian Transaksi Jual Beli yang digantikan dengan Permen Liani Sari; Andi Annisa Nurlia Mamonto; Revie Kurnia Katjong; Irsan Irsan; Harry A. Tuhumury; Raykuni N. Imbiri
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.v6i1.1068

Abstract

This diversion of cash back for consumer spending often occurs in supermarkets, minimarkets and small stalls and has become a phenomenon in society, consumers are on the weak side because they accept the candy as a replacement for their cash back without any other choice. Even though this seems trivial, consumers feel uncomfortable with this action and it is possible that consumers still need their money back and not everyone likes or needs this candy. The phenomenon that occurred was consumer complaints regarding the actions of shop, supermarket and minimarket businesses who replaced their change with candy. The change that is replaced with candy is change worth hundreds of Rupiah. This often happens because the value of hundreds of dollars is considered to have little material value so consumers don't pay much attention to it. The actions of shop, supermarket and minimarket businesses who replace change with candy constitute a violation of consumer rights. Consumer rights are regulated in Law no. 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). Candy is not a legal means of payment in Indonesia. Article 2 paragraph (2) Law No. 23 of 1999 which was then changed to Law No. 3 of 2004 which was then changed again to Law No. 6 of 2009 concerning Bank Indonesia (hereinafter referred to as UUBI) states that: "Rupiah currency is a legal means of payment in the territory of the Republic of Indonesia".
Klasifikasi Layanan bagi Tamu Undangan Walimatul ‘Urs di Kecamatan Kota Nopan, Kabupaten Mandailing Natal Perspektif Hukum Keluarga Islam Lia Mukhliza; Irwan Irwan
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.v6i1.1069

Abstract

Basically, the invited guests of “Walimatul ‘Urs” must be respected and treated equally without being differentiated from the others. Distinctions may be made based on the law propriety, such as giving priority to older people than young people, but in various villages in Kota Nopan District, Mandailing Natal Regency, recently on a massive scale, the classification of invited guests based on where thr guests come from will be differentiated between local people and people from a far, this case with never applicated previously. This research attempted to investigate the background factors of community’s behavior and put the law into the perspective of Islamic Family Law. The research method used is an empirical research method with a qualitative approach.
Omnimbus Law terhadap Investasi Indonesia Laveda Epata Alexandra
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.v6i1.1070

Abstract

The Omnibus Law aims to improve Indonesia's economic competitiveness by reducing regulations and bureaucracy, cutting red tape, and simplifying business licenses. The Omnibus Law is expected to attract more foreign investment and create jobs. The Omnibus Law in terms of Job Creation will change the business and investment environment in Indonesia. This research uses two ways to conduct legal research, namely normative and sociological juridical or sociological juridical approaches. This research concludes that the Omnibus Law has the potential to attract more foreign investment, create jobs, and improve Indonesia's economic competitiveness during the post-pandemic global crisis. However, the Omnibus Law must be implemented carefully to avoid negative impacts on investment in Indonesia. It is important to note that Indonesia's regulatory problems cannot be solved simply by using the omnibus law method. Instead, the government must create policies to ensure that the regulatory system is improved systematically and continuously. One way to do this is to establish a specialized institution that involves various parties involved in the formation of laws and regulations.Investasi
Legal Protection of Importing Companies From Import Duty Exemption of Imported Goods Sold to Representatives of Foreign Countries (Study of Decision Number 1265/B/Pk/Pjk/2017) Tony Sudirgo; Wagiman Wagiman
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.v6i1.1071

Abstract

The Customs Law, in its substance, regulates matters of customs administration, which includes export and import arrangements, tariffs and customs value, exemption from import duties, procedures for payment of import duties, prohibitions and restrictions on export-import, and criminal provisions related to customs. Even though there have been precise arrangements regarding certain goods that are exempt from payable import duties, in reality, on the ground, there are still disputes regarding import duties between business actors as importers and the Directorate General of Customs and Excise as executors of customs affairs for imported goods. This study discusses how the implementation of import duty exemption procedures by the Directorate General of Customs and Excise (DJBC) applies to imported goods belonging to Representatives of Foreign Countries, in this case, the British Embassy in Indonesia, carried out by PT. Toyota Astra Motor as an agent for motorized vehicles today and how the exemption procedure for imported goods belonging to foreign representatives in Indonesia should be by the Decree of the Minister of Finance Number 90/KMK.04/2002 concerning Procedures for Granting Import Duty and Excise Exemption on Goods of Representatives of Foreign Countries and The official. This research is a normative legal research that uses secondary data as a source. The secondary data sources consist of laws and regulations, books, journals, records, and others, which can be obtained through library research and analyzed using qualitative data analysis methods. This study found the exemption procedures related to import duties and excise by the Directorate General of Customs and Excise according to the current Indonesian legal regulations for goods transactions between the British Embassy in Indonesia and PT. Toyota Astra Motor, a motor vehicle agent legal entity in Indonesia, has a rigid flow that can cause losses to one of the parties in its implementation. On this basis, it is necessary to amend the procedure for the exemption of import duty and excise in Indonesian legal regulations and clarify the meaning of exemption and return to provide benefits to both parties. These advantages include PT. Toyota Astra Motor, as the Seller, gets a refund of the import duties that have been paid previously. In this case, the British Embassy can get the goods from the sale and purchase quickly without waiting for the delivery process.
Analisis Perspektif Pro Kontra Masyarakat Terhadap Penerapan Sema No. 2 Tahun 2023 Aurora Vania Crisdi Gonadi; Gunawan Djajaputra
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.v6i1.1072

Abstract

Artikel ini bertujuan memberikan gambaran yang cukup komprehensif tentang kontroversi seputar SEMA No. 2 Tahun 2023 di Indonesia terkait dengan perkawinan beda agama. Hasil Penelitian ini menunjukan adanya keragaman agama di Indonesia, peraturan perundang-undangan yang berlaku, kewenangan hakim, dan pentingnya keadilan serta kepastian hukum merupakan pertimbangan yang sangat relevan. Kontroversi seputar SEMA ini memang sangat kompleks dan mencerminkan ketegangan antara aspek agama, hukum, dan kebebasan hakim. Isu ini memang sangat sensitif dan memerlukan pembahasan mendalam serta pertimbangan yang cermat oleh berbagai pihak, termasuk legislator, pengadilan, dan masyarakat luas. Sebagai solusi, perdebatan ini harus diarahkan menuju solusi yang dapat menghormati hak-hak individu, memperkuat kebhinekaan Indonesia, serta memastikan perlindungan hukum dan administratif yang memadai bagi perkawinan antar-umat berbeda agama.
Analisis Risiko Bagi Negara Republik Indonesia Terhadap Keberlakuan Bilateral Investment Treaty Antara Indonesia dan Singapura Michael Michael
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.v6i1.1073

Abstract

On March 9th, 2021, Government of Republic of Indonesia and Government of Republic of Singapore exchanged ratification instruments of Bilateral Investment Treaty (BIT) in order to validate the BIT. Other than to increase and protect investment the enactment of BIT Indonesia-Singapore also contains certain risks. One of them is the provision on national treatment in BIT Indonesia-Singapore which emphasizes the obligation of central and local governments to provide same treatment as for local investors. This is a risk for Indonesia with many local governments across 38 provinces. The provisions of BIT Indonesia-Singapore regarding expropriation have narrow and rigid terms of expropriation and the high compensation, so it will be risky if Government of Republic of Indonesia expropriates the investments from Singaporean foreign investor. BIT Indonesia-Singapore also regulates third party funding in events of dispute between the Government of the Republic of Indonesia and Singaporean foreign investors. Considering that the foreign investors can receive third party funding, this can be risky for Indonesian Government because an amicable settlement will be difficult to achieve due to third party interests and the claim value will be higher as the third party funding will be also included in there.
Perbuatan Melawan Hukum (Onrechtmatige Daad) Menurut Pasal 1365 Kitab Undang-Undang Hukum Perdata dan Perkembangannya Mendy Cevitra; Gunawan Djajaputra
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.v6i1.1074

Abstract

This research was conducted with the aim of knowing how to regulate the concept of unlawful acts and how the similarities and differences in default with unlawful acts. Using normative juridical research methods, it is concluded: 1. Unlawful acts (Onrechtmatigedaad) are a provision regulated in Article 1365 of the Civil Code that occurs a lot in society. Based on Article 1365 of the Civil Code, there are a number of elements, namely: 1. The existence of an act; 2. The act is against the law; 3. There is a mistake on the part of the perpetrator; 4. There is a loss to the victim; and 5. There is a causal relationship between actions and losses. 2. Legal acts have developed through jurisprudence both in the Netherlands and in Indonesia, which expands the meaning of legal acts not only violating the law, but also violating the decency and decency that live and prevail in society.
Pengaturan Lembaga Pemerintah Penyelenggara Penanaman Modal dalam Penyelenggaraan Urusan Penanaman Modal di Indonesia Erlangga Erlangga
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.v6i1.1075

Abstract

Investment or investment activities are defined as activities carried out by individuals and legal entities seeking to increase and maintain the value of their capital, both in the form of cash, immovable assets, intellectual property rights, and expertise. There is a legal basis in Capital Investment and several main provisions that become a reference for carrying out its activities, such as institutional aspects, employment, legal protection aspects and others. This is where it seems very important to understand the main provisions in the field of investment, so that it is clearer in carrying out the related rules, in order to carry out investment properly. The research method in this study uses literature studies that are processed and analyzed through a qualitative approach. This research is qualitative research. Regulations for the implementation of investment licensing affairs in Indonesia are regulated in Law Number 25 of 2007 concerning Capital Investment and several implementing regulations. The duties and functions of investment organizing government institutions in the main provisions in the field of investment have the characteristics of investment licensing carried out through one-stop integrated services, namely the implementation of a permit and non-licensing that receives delegation from institutions or agencies that have licensing and non-licensing authority whose management process starts from the application stage to the stage of issuance of documents carried out in one place.
Subjek Hukum Investasi Internasional dalam Forum ICSID: Teori dan Praktiknya M. Azka Haiban
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.v6i1.1076

Abstract

Foreign Direct Investment (FDI) is essential in a globally integrated economic system when the host country needs the resources necessary for the development of its country's economy. However, differences in nationality make foreign investors vulnerable to host country government interference in their businesses. The inability of investors to participate in the democratic process in host countries makes International Investment Agreements (IIAs) and Bilateral Investment Treaties (BITs) important as a basis for providing substantive protection for investors. ICSID is a forum often referred to by investors in defending their rights and fulfilling their interests, as well as providing a dispute resolution system that allows every foreign investor to file a lawsuit against the host state government as the ICSID Convention regulates this. The results of the analysis show that the interpretation of subjects that can be disputed in ICSID can refer to Article 25(1) of the ICSID Convention. However, in practice, differences in tribunal interpretation in deciding which party can proceed and fulfill the dispute resolution criteria in the ICSID forum differ in several cases. In the case of East Kalimantan Regional Government vs PT Kaltim Prima Coal, the tribunal decided that the East Kalimantan Regional Government had stepped into the shoes of the State based on Article 25 (3) of the ICSID Convention. On the other hand, the acceptance of the Oleovest lawsuit by ICSID shows that non-state legal entities, in this context, multinational corporations, have the legitimacy to become parties to international investment disputes in several dispute resolution forums, such as ICSID, as long as there is relevance or relationship between the plaintiff and the BIT which is the basis of the activity. foreign investment or foreign investment in the host country.

Page 82 of 391 | Total Record : 3910

 80   81   82   83   84 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 8 No. 3 (2026) Vol. 8 No. 2 (2025) Vol. 8 No. 1 (2025) Vol. 7 No. 4 (2025) Vol. 7 No. 3 (2025) Vol. 7 No. 2 (2024): UNES LAW REVIEW (Desember 2024) Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024) Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024) Vol. 7 No. 2 (2024) Vol. 7 No. 1 (2024) Vol. 6 No. 4 (2024) Vol. 6 No. 3 (2024) Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) Vol. 5 No. 3 (2023): UNES LAW REVIEW (Maret 2023) Vol. 6 No. 2 (2023) Vol. 6 No. 1 (2023) Vol. 5 No. 4 (2023) Vol. 5 No. 3 (2023) Vol 5 No 2 (2022): UNES LAW REVIEW (Desember 2022) Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022) Vol. 5 No. 1 (2022): UNES LAW REVIEW (September 2022) Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022) Vol 4 No 4 (2022): UNES LAW REVIEW (Juni 2022) Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022) Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022) Vol. 5 No. 2 (2022) Vol. 5 No. 1 (2022) Vol. 4 No. 4 (2022) Vol. 4 No. 3 (2022) Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021) Vol 4 No 1 (2021): UNES LAW REVIEW (September 2021) Vol 3 No 4 (2021): UNES LAW REVIEW (Juni 2021) Vol 3 No 3 (2021): UNES LAW REVIEW (Maret 2021) Vol. 4 No. 2 (2021) Vol. 4 No. 1 (2021) Vol. 3 No. 4 (2021) Vol. 3 No. 3 (2021) Vol 3 No 2 (2020): UNES LAW REVIEW (Desember 2020) Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020) Vol 2 No 4 (2020): UNES LAW REVIEW (Juni 2020) Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020) Vol. 3 No. 2 (2020) Vol. 3 No. 1 (2020) Vol. 2 No. 4 (2020) Vol. 2 No. 3 (2020) Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019) Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019) Vol. 2 No. 2 (2019) Vol. 2 No. 1 (2019) Vol. 1 No. 4 (2019) Vol. 1 No. 3 (2019) Vol. 1 No. 2 (2018) Vol. 1 No. 1 (2018) More Issue