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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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Implementasi Sistem Informasi Manajemen Keimigrasian (SIMKIM) Terintegrasi Sebagai Jembatan Keterkaitan Praktik Hukum Bisnis dan Hukum Keimigrasian Secara Seimbang Agato P. P. Simamora
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.v6i1.1080

Abstract

This research aims to provide a comprehensive picture and description of the use of integrated Immigration Management Information System (SIMKIM) as a bridge connecting the application of business law and the actualization of immigration law, so as to obtain a real picture of the benefits of using integrated SIMKIM as a bridging tool. Research method with a normative juridical approach, primary data obtained through field observations and interviews at the Directorate General of Immigration. The result is an increase in international and transnational crimes, such as: Illegal immigrants, human smuggling, human trafficking, terrorism, narcotics, and money laundering; Immigration law enforcement has not been effective so that the punishment policy needs to include a minimum penalty for human smuggling crimes; Expanding the subject of immigration crimes, so that it includes not only individuals but also corporations and guarantors of the entry of foreigners into Indonesian territory who violate immigration provisions; and the application of more severe criminal sanctions against foreigners who violate regulations in the field of immigration because so far it has not caused a deterrent effect. It is concluded that SIMKIM is a unity of various data and information management processes, applications, and information and communication technology-based devices built to unify and connect information systems in all immigration function implementers in an integrated manner. In this system, there are foreigners both as workers and business actors who are subject to business law provisions such as Law Number 11 of 2020 concerning Job Creation and immigration law provisions. The regulation and control of foreign workers working in Indonesia is based on Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia.
Pemberantasan Mafia Tanah dengan Menggunakan Instrumen Hukum di Indonesia (Peraturan Menteri Agraria dan Tata Ruang/Badan Pertanahan Nasional Nomor 16 Tahun 2020) Hanafiyah Arya Nashuha; Muh. Afif Mahfud
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.v6i1.1081

Abstract

The land mafia periodically reviews the steps taken to avoid land disputes and conflicts, but in reality these actions are always illegal. One aspect of implementation is that the event must be organized, planned and executed by a group of individuals. In reality (das sein) there are many land mafias in Indonesia where this can result in land disputes due to legal actions carried out by these individuals through land mafia intermediaries. The aim of this research is to determine the eradication of the land mafia using Indonesian legal instruments. The research carried out is a normative juridical research type. Documentary/library research is used to collect data, especially by examining documents closely related to the criminal activities of the Land Mafia and obtaining information in the form of formal provisions and existing data. The results of the research show that through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 16 of 2020 concerning the Organization and Work Procedures of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, Directorate General VII, Directorate General of Land and Land Acquisition, has a very important role in efforts to eradicate the land mafia in Indonesia. Land mafia refers to illegal activities such as forgery of documents, land misappropriation, extortion, and corruption in land transactions. Keyword: Mafia, Land, Certificates, Laws, Ministerial Regulations.
Transformasi Kedudukan Bapedal Sebagai Kelembagaan Pengelolaan Lingkungan Hidup Pada Pemerintah Pusat dan Pemerintah Daerah Dimas Agung Prasetiyo; Wiwik Awiati
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.v6i1.1083

Abstract

Lawrence M. Friedman divides the legal system into three subsystems, namely legal substance, legal structure, and legal culture. Environmental management must include these three aspects. Environmental institutions such as Bapedal have an important role in overseeing and regulating environmental policies. There are obstacles in synchronizing regulations between central and local governments and overlapping authority between sectors. Institutional reconstruction and transformation are needed to improve the effectiveness and efficiency of environmental management. The issues in this paper involve the institutional transformation of Bapedal and the regulation of the agency's authority in local government. Normative legal research methods are used to conclude the importance of coordination between central and local governments in environmental management and the need for uniformity of institutional nomenclature throughout Indonesia. Local governments should support environmental impact control institutions by providing appropriate main tasks and functions. Efficient coordination and supervision are needed, and institutional nomenclature should be uniform. Human resources also need to be well organized, and the Ministry of Environment and Forestry can play a role in institutional development in the regions.
Tindak Pidana Korupsi yang Melibatkan Sektor Swasta dalam Perspektif Kejahatan Lintas Negara (Studi Perbandingan Malaysia) Hilmalia Sesy Riauroikha; Rita Juniati; Vincent Anderson Simanjuntak; Jeremia Sitohang; Ayu Efritadewi
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.v6i1.1084

Abstract

Corruption is a serious problem that harms state finances, the social and economic rights of the people, and hampers development. Corruption in the private sector has also become a serious threat to the economies of countries such as Indonesia and Malaysia. This article discusses the approaches taken by Indonesia and Malaysia in addressing corruption involving the private sector.Indonesia recognizes that corruption in the private sector is a serious threat and has strengthened rules and regulations related to corporate transparency and accountability. Laws governing corruption prevention cover the private sector, and the government encourages ethical business practices. Indonesia also strengthens international cooperation and takes decisive action through independent law enforcement agencies.In Malaysia, corruption in the private sector also receives serious attention. Malaysia has strong laws against corruption, including in the private sector. The country has successfully uncovered and prosecuted corruption cases involving private companies in a transparent and decisive manner. Malaysia is also active in international cooperation and has an effective anti-corruption agency.While both countries have taken concrete steps to fight corruption in the private sector, there are still challenges to overcome, such as the involvement of powerful actors and the complexity of corruption cases. However, by strengthening rules, strict law enforcement, enhancing international cooperation, and involving the public and international institutions, Indonesia and Malaysia can continue to effectively combat corruption involving the private sector.
Keabsahan Hibah Wasiat yang Dibuat di Hadapan Notaris kepada Ahli Waris Menurut Undang-Undang Marvel Romi Sutiono; Dyah Ayu Prameswari Setyowati; Fahrel Faadhilah Wiramansyah; Alfian Anugrah Saputra; Venatha Tanoto
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.v6i1.1085

Abstract

Chinese inheritance is regulated in Book II of the Civil Code on property, adhering to a closed system, meaning that no new articles or regulations are allowed other than existing ones. Inheritance assets left by the testator by law are transferred to the heirs without distinguishing between the gender of the heirs according to the law or by appointment as a will. Even though the first class of heirs can have their rights violated, only by law. Deviations are based on customary law as something that is contrary to the matters stipulated in Article 18B paragraph (2) of the 1945 Constitution. Wills can be given to anyone, including heirs, but are not allowed to harm the heirs' absolute rights according to the law. The provisions of Article 914 of the Indonesian Civil Code, if you leave four children as heirs, the full share of the heirs is three-quarters, if given as a whole, in contrast to the absolute right share known as the share that must be given to the heirs.
Strategi Peningkatan Keamanan Ruang Udara Indonesia di Era Digital Dalam Perspektif Hukum Aniek Periani; Agoes Djatmiko; Haris Kusumawardana
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.v6i1.1086

Abstract

Every country in the world cannot avoid the unstoppable development of technology in the digital era. As is the case in the security sector, especially in the air space area. The purpose of this writing is to provide a reference for the Indonesian government to improve the security of Indonesian air space in the digital era through legal regulations. The research method uses a positive legal approach, namely the method or method used to obtain the law that applies at a certain time and place. Obstacles arising from law enforcement in Indonesia in implementing security in Indonesian airspace are due to the incompatibility of existing legal regulations with technology developing in the current era. So it is appropriate to make efforts to update legal regulations to align with the development of aerospace technology.
Akibat Hukum dari Perjanjian yang Dibuat dengan Tanggal Mundur (Back Date) Moses Nathanael; Benny Djaja
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.v6i1.1087

Abstract

Back date agreement is an agreement made to accommodate past legal actions. The back date agreement is basically made based on the agreement of the parties so that it generally does not cause harm to the parties. Problems arise if this back date agreement is made in the form of an authentic deed, this is because Article 16 paragraph (1) letter m of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions states that: In carrying out his position, the Notary is obliged to: read the deed before an appearance in the presence of at least 2 (two) witnesses, or 4 (four) witnesses specifically for the making of an underhand will, and signed at the same time by the appearer, witness, and Notary." The results of this study indicate that agreements made on a back date, both in the form of oral agreements, underhand deeds, and authentic deeds, basically have fulfilled the legal requirements of the agreement as referred to in Article 1320 of the Civil Code, so that it has legal.
Penetapan Honorarium Notaris dalam Pembuatan Akta di Kota Pariaman Raji Saputra; Azmi Fendri; 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.v6i1.1088

Abstract

The violation of the Code of Ethics that occurred in Pariman City was caused by the Notary's actions which were not in accordance with the Regulations on the Notary's Office and the Notary's Code of Ethics. Meanwhile, the violation of the Code of Ethics in Pariaman City was the determination of the Notary's Honorarium which was below the stipulated standards. determine the UUJN and the Notary's Code of Ethics, with this the Notary concerned has violated article 36 UUJN No. 2 of 2014 and the Notary's Code of Ethics in article 4 paragraph 10. Implementation of determining the Notary's honorarium in making deeds in the city of Pariaman. The honorarium received by Notaries in Pariaman was a violation of the Code of Ethics which violated Article 4 paragraph 10 of the 2015 Notary Code of Ethics. according to its authority. Up to Rp. 100,000,000.00 the maximum honorarium received is 2.5%, then above Rp. 100,000,000.00 - Rp. 1,000,000,000.00 one billion the maximum honorarium received is 1.5%, above Rp. 000,000,000.00 honorarium received is based on an agreement between the Notary and the parties, but does not exceed 1% according to the object for which the deed is made. The honorarium received by Notaries in Pariaman was a violation of the Code of Ethics which violated Article 4 paragraph 10 of the 2015 Notary Code of Ethics which resulted in the Notary concerned committing a violation, for several reasons, namely because the client was incapable and there was a mutually acquainted relationship between the client and the Notary concerned. Supervision by the Notary organization in determining the Notary's honorarium in connection with the making of deeds in the city of Pariaman. Supervision from the Indonesian Notary Association (I.N.I) on the behavior and actions of Notaries in Pariaman so that unhealthy competition does not arise through the determination of Notary Supervision to differentiate between the behavior and actions carried out by Notaries in carrying out their positions by the Supervisory Council.
Polemik Naiknya Biaya Perjalanan Haji di Indonesia Tahun 2023 di Tinjau dari Siyasah Maliyah Muhammad Rizki Aulia Siregar; Syafruddin Syam
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.v6i1.1089

Abstract

The pilgrimage is mandatory for Muslims who are able to carry it out. In Indonesia, Hajj travel costs are managed by the Hajj Financial Management Agency. The cost of organizing the Hajj pilgrimage always experiences adjustments from time to time in line with changes in economic conditions in Indonesia and the world. The aim of this research is to determine the causes and factors of the increase in the cost of the Hajj pilgrimage which has caused polemics in society and is reviewed from the Maliyah siyasah. This can be seen from external factors, namely movements in world oil prices, the rupiah exchange rate which can influence the determination of Hajj Organizing Fees in Indonesia. This research uses a qualitative method with a research approach and analysis of facts in the field. The author found that the increase in the price of aircraft oil (avtur and avgas) and the exchange rate (rupiah to US dollar) can influence the determination of Hajj Organizing Fees. The role of the Hajj financial management body here is very central because all Hajj finances are managed by this institution. The benefits of Hajj financial funds must be felt by all prospective pilgrims who have registered themselves to carry out the Hajj pilgrimage.
Peran Pembimbing Kemasyarakatan dalam Pembimbingan Klien Lansia di Balai Pemasyarakatan Kelas II Pati Aji Darma Agus Awibowo; Iskandar Wibawa
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.v6i1.1090

Abstract

Guidance is one of the tasks of social counselors with the aim that correctional clients become better human beings and not repeat their actions again, the implementation of mentoring for elderly clients certainly cannot be equated with the implementation of counseling for children and adult clients. This study aims to determine the role of social counselors of Bapas Class II Pati in carrying out guidance and supervision of elderly clients. This research was conducted with the main subject being the implementation of mentoring carried out by the social counselor of the Batch Class II Pati. The method used in this study is empirical juridical with data sources used by researchers are primary data supported by secondary data sources. Primary data collection techniques obtained through interviews and observation, and for secondary data obtained from the results of literature studies. Data analysis used by researchers using qualitative data analysis techniques. Based on the results of the research and discussion that has been carried out, it is clear that the Bapas Pati Community Counselor has carried out effective mentoring even though the implementation is constrained by a large work area. So that some elderly clients find it difficult to carry out the obligation to report every month.

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