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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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Upaya Penanggulangan Pelecehan Seksual Terhadap Anak Pada Masa Pandemi Covid-19 di Pekanbaru Heni Susanti; Adip Humaidi
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.v6i1.1091

Abstract

This study aims to determine the implementation of the investigation carried out by the PPA Unit of the Riau Police of Pekanbaru during the Covid-19 Pandemic in the crime of sexual abuse of children and the efforts made by the PPA Unit of the Riau Police of Pekanbaru during the Covid-19 Pandemic in tackling the crime of sexual harassment. against children. This type of research uses empirical legal research methods carried out by the PPA Unit of the Riau Police Pekanbaru. The data obtained is primary data by using interview techniques with the head of the PPA Unit Polda Riau Pekanbaru. The data obtained were analyzed qualitatively using deductive methods, and then presented descriptively. The results of the research obtained are that the investigation carried out by the PPA Unit of the Riau Police of Pekanbaru in the crime of sexual abuse of children during the Covid-19 Pandemic is by conducting an investigation in accordance with applicable legal rules and carried out with the principle of systematic law enforcement. In addition to this, the PPA Unit of the Riau Police of Pekanbaru coordinates and cooperates in investigations with several relevant stakeholders with criminal acts of sexual abuse against children during the Covid-19 Pandemic. With the efforts made by the PPA Unit Polda Riau Pekanbaru in tackling the crime of sexual abuse against children is a preemptive effort, namely by giving an appeal with an approach to the community against the dangers that arise in sexual abuse of children. The next effort is a preventive effort by means of supervision and prevention by conducting routine patrols during the day and also at night by collecting data, and the last effort is a repressive effort by means of law enforcement related to the crime of sexual abuse of children.
Pelaksanaan Penelitian Kemasyarakatan (Litmas) Dalam Perkara Anak Berkonflik Dengan Hukum Di Bapas Pati Claodia Narasindhi; 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.v6i1.1092

Abstract

Children are the successors of the life of society and the state as the next generation of the nation. Therefore, the criminal justice process for children does not merely look for proof of wrongdoing committed by the child. However, in this process there needs to be a study of the factors that cause a child to commit a criminal act. UU No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) is one of the bases that regulates special treatment or actions that must be given to children who conflict with the law. The community research reports (LITMAS) are an important instrument in the juvenile criminal justice system. All activities of law enforcement officers carried out in the context of juvenile justice must be based on the welfare of the child and the interests of the child. The aim of juvenile justice cannot be separated from the main aim of realizing children's welfare which is basically an integral part of social welfare. The juvenile justice process, from the investigation process to the imposition of sanctions and placement in correctional institutions, must consider the Community Research Report (LITMAS)
Tinjauan Yuridis Terhadap Penjualan Tanah pada Pihak Penjual Sedang dalam Masa Tahanan Audivna Putri Fadilla Wata; Mas Anienda Tien Fitriyah
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.v6i1.1093

Abstract

The purpose of this study is to examine the skills of the seller who is currently in detention in making a sale and purchase deed, the validity of the sale and purchase deed if the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials in the form of reading the deed are not fulfilled and how it is implemented Article 22 Government Regulation Number 37 of 1998 concerning the Position Regulations for Land Deed Officials in the field. This study uses empirical juridical legal research methods, which examines the applicable legal provisions and what actually happens in society. The results of the study show that the seller who is currently in detention is legally competent to make a Sale and Purchase Deed as long as he is an adult and not under the supervision of another person. A sale and purchase deed is valid as long as it complies with Article 1320 of the Civil Code, although it does not comply with the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Officials Making Land Deeds in the form of not being read out first by the PPAT before being signed by the parties. Implementation of Article 22 of Government Regulation Number 37 of 1998 concerning Position Regulations for Officials for Making Land Deeds in the form of reading the deed before signing can be done through a Power of Attorney or direct signing to the Penitentiary. Thus, even though one of the parties is currently under detention in this case the seller, the provisions of Article 22 PP Number 37 of 1998 concerning PPAT Position Regulations will still be fulfilled, not eliminating or violating the provisions of Article 22 PP Number 37 of 1998 concerning Regulations for the Position of Making Officials Land certificate.
Analisis Akibat Hukum dari Pengabulan Izin Poligami oleh Hakim Dengan Dalil Istri Tidak Dapat Melahirkan Keturunan Yang Tidak Disertai Surat Keterangan Muhammad Rullie Febian Rangkuti; Hanafi Tanawijaya
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.v6i1.1094

Abstract

Polygamy is a legal action where a husband marries more than one woman in a marriage, which is done by submitting a request to the court in his domicile. Polygamy has several conditions to be carried out, one of which is to include a certificate that the wife has a condition that makes it impossible for her to bear children. In the decision on petition 635/Pdt.G/2023/PA.JT the judge granted the petitioner's request to practice polygamy but was not accompanied by a certificate stating that the wife could not bear children, thus causing legal uncertainty in submitting a polygamy application.
Putusan Hatobangon Tentang Sanksi Ingkar Janji untuk Menikah Perspektif ‘Urf (Studi Kasus di Desa Pasar Simundol Kec. Dolok Sigompulon) Siti Aisah Aritonang; Zainal Arifin Purba
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.v6i1.1095

Abstract

Hatobangon in the Mandailing region is called natoras, meaning the core figures in the community who are appointed by several people in each huta. Hatobangon acts as an advisor concerned with matters of Batak customary life. The focus of this research leads to how the hatobangon pattern in establishing the sanction of breaking a promise to marry as a new case and the review of Islamic law regarding the sanction. This research was conducted based on field research, data needed in the community environment and emphasized the results of data collection from informants. To understand this research, the author uses a conceptual approach, namely the concept of hatobangon in determining sanctions and their conformity with Islamic law, then examining the case (case approach). The sanction of denial of jani in a customary manner (custom) that applies in community life as long as it does not contradict the teachings and rules of Islam, then the custom is permissible. The position of customary law ('urf) according to the provisions of Islamic fiqh, is allowed which is shahih or al-'adah ashahihah, i.e. 'urf which does not contradict Islamic law. The problem of custom, in fiqh analysis is related to the concept of benefit (maslahah mursalah). Benefits that are common and may not yet apply, even things that will be enforced. Regarding al-a'dah ashahihah this gives rise to the rule of "al-'adatu muhakkamah" (Customs can be made law). Adat is one of the elements considered in establishing a law, the appreciation of Islamic law for adat is a breakthrough for customary law which becomes law recognized by Islamic law. The establishment of sanctions for breaking promises to marry in Pasar Simundol village is a new breakthrough to educate local youths to love themselves more and maintain a more positive social quality. It is hoped that in the future Hatobangon or the local community will propose and set a fixed nominal sanction so that there will be no objections to one particular party, and there will be no comparison between one case and another in the future to achieve welfare and peace in the lives of the people in Pasar Simundol village.
Penerapan dalam Praktik Pembuatan Perjanjian Perkawinan Untuk Perkawinan Campuran Tanti Nur Ainun Azizah; Mia Hadiati
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.v6i1.1096

Abstract

Humans are basically created in pairs to carry out daily life activities, therefore humans are referred to as social beings who need the help of others in carrying out an action. For the sake of the realization of forming a harmonious and happy family, it must go through a marriage bond. Indonesia adheres to written law, in which a marriage can take place must meet the requirements for a valid marriage contained in the Marriage Law, namely Law Number 1 of 1974. If marriage has been carried out, it will have legal consequences between husband and wife, namely one of them regarding the existence of a mixture of assets obtained during the marriage. The problems that arise at the time of marriage are not least about the mixing of these assets, in this case to avoid problems that arise later on, husband and wife couples can make a marriage agreement, especially for those who are married to foreign nationals. The form of the marriage agreement in ordinary society is still unclear whether it has to be with a notary deed or just underhanded, where this becomes an uncertainty about the form of the marriage agreement and its legal consequences. The purpose of this research is to provide an insight for the community so that they are no longer wrong in making a marriage agreement and to find out how the position of the marriage agreement itself is. This research method uses normative juridical by analyzing legislation, then a conclusion can be drawn: marriage agreements should still be carried out using a notarial deed where to prove it when a dispute occurs it can be perfectly proven and the authenticity of the identity of the parties who made it is clear.
Legal Certainty of Creditor's Rights in The Fiduciary Agreement William Sudassi Akanittha Pranoto; Gatot P. Soemartono
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.v6i1.1097

Abstract

Fiduciary guarantee agreements have a unique characteristic called executorial rights, namely the right to execute the same collateral object as a court decision. Executorial Rights provide creditors with protection rights against receiving payments from debtors. The existence of executorial rights was lost because of the Constitutional Court's decision regarding the meaning of executorial rights that the debtor must agree to the occurrence of a breach of contract. This problem has changed the essence of fiduciary guarantees. Therefore, it is necessary to examine the legal certainty regarding the meaning of executorial rights in Constitutional Court Decisions and how to finalize agreements with creditors to ensure the return of their rights is guaranteed. This research was carried out using a normative method with deductive specifications, namely analyzing general-specific matters, aiming to find out about the legal certainty of the executorial rights owned by creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019 and Number 2/ PUU-XIX/2021. The conclusion of this research shows that the Constitutional Court's decision has had a negative impact on fiduciary guarantees in Indonesia. Protection of creditors' rights is reduced and executorial rights become difficult to implement. Parties wishing to enter into a fiduciary agreement must pay attention to the provisions and draw up the agreement carefully, meticulously and in detail to maximize the rights of creditors if a breach of contract occurs during the implementation of the agreement.
Penegakan Hukum Animal Abuse dan Peningkatan Kesejahteraan Hewan di Kota Makassar Melalui Veteriner Forensik Ira Febrianti; Muhammad Ramadhansyah Prasetia; Nurfadilla Nurfadilla; Salsabila Aulia Ramadhan; Ahmad Rayhan Putra Hasrun; Muhammad Djaelani Prasetya
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.v6i1.1098

Abstract

Animal welfare is proven by fulfilling the 5 principles of animal freedom or five freedoms, namely freedom from hunger and thirst, from discomfort, from pain, injury, or disease, freedom to express normal behavior, and freedom from fear and distress. This research focuses on dogs and cats because in line with cases that occurred in Makassar City, these two animals are often victims of violence. The research aims to describe the public's perception in Makassar City regarding animal welfare, the police's perception of forensic veterinary, the application of forensic veterinary as a law enforcement tool, as well as solutions for implementing forensic veterinary to protect animal rights in Makassar City. This research uses a mixed method with a Sequential Explanatory approach model. The first research used quantitative methods to answer the first to third problem formulations and qualitative methods to answer the fourth problem formulation. Data analysis using quantitative methods through descriptive analysis using the SPSS application. Meanwhile, qualitative data analysis involves reducing the data to concluding. The research results show that public knowledge regarding animal welfare is very low and police investigators' knowledge of veterinary forensics is quite good, but not yet in line with its implementation. Therefore, veterinary forensics is present as an effort to enforce the law against acts of animal violence in realizing animal welfare in the city of Makassar.
Perlindungan Hukum Terhadap Notaris dalam Proses Penyidikan Perkara Pidana Terkait Akta Otentik (Studi Kasus Putusan Pengadilan Tata Usaha Negara Tanjungpinang Nomor 13/G/2018/PTUN-TPI) Berliana Suzeta; Ismansyah Ismansyah; 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.v6i1.1099

Abstract

In Carrying out his position, a Notary has the potential to be involved in legal cases, including criminal law cases, which result in him having to be examined by investigators, public prosecutors and judges. Based on Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the position of Notary, the examination of a Notary is carried out with the approval of the Notary honorary council. Basically this approval is necessary because to protect the Notary from breaches of disclosing the secret of the deed and to protect the Notary’s own deed so that it remains confidential. To review and analyze this research, the authors used the statutory approach and the conceptual approach. The results of the study show that the rules for summoning a Notary by an investigator are related to a Notary deed that has an indication of a criminal act regulated in Article 66 paragraph (1) of Law Number 2 of 2014 and Permenkumham Number 17 of 2021. Notary summons by an investigator must have the approval of the assembly honorary regional Notary. The procedures are: First, the investigator submits a letter of request for summons of a Notary to the regional Notary honorary council; Second, the regional Notary honorary council forms the examining council; Third, the examining council conducts an examination of the Notary; Fourth, the examining council submits a report to the head of the regional Notary honorary council; Fifth, the regional Notary honorary council provides answers regarding giving approval or refusing. Notaries in providing legal services to the public need to get legal protection and guarantees from the state, in this case through the regional Notary honorary council. The legal protection in question is that investigators may not immediately summon or examine a Notary, without prior approval from the regional Notary honorary council. If the investigator commits the violation, then the investigator’s actions can be categorized as an act that violates the law, so that the summons or examination carried out by the investigator has been procedurally flawed.
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Korupsi Yang Dilakukan Oleh Banyak Orang Pada Kasus Putusan Nomor 6/Pid.Sus.TPK/2023/PT.Pdg Vananda Putra; Elwi Danil; Aria Zurnetti
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.v6i1.1100

Abstract

The rise of criminal acts of corruption in Indonesia, and the very dangerous impacts they cause, can even destroy the socio-cultural, political, moral and legal pillars of national security, so in reality overcoming these disgraceful acts must be done in extraordinary ways, So it is appropriate to say that criminal acts of corruption are included in extraordinary crimes. No. Corruption is often committed jointly, criminal law already regulates criminal acts of joint conduct or what is called participation (deelneming). However, often in proving criminal acts of corruption, the prosecutor does not develop the existence of other perpetrators who can be held accountable. The problems in this research are 1) What is the form of error and criminal responsibility of each perpetrator in criminal acts of corruption committed by many people (Case Study Decision Number 6/Pid.Sus.TPK/2023/PT.Pdg 2) How is the Evidence in the Case Corruption committed by many people in Decision Number 6/Pid.Sus.TPK/2023/PT.Pdg. 3) What are the considerations of the Panel of Judges in Decision Number 6/Pid.Sus.TPK/2023/PT.Pdg? This type of research is normative juridical research, using a statutory and conceptual approach, with primary and secondary data collection techniques. Based on the results of research and discussion, the concept of criminal acts committed jointly in corruption crimes is if the criminal act of corruption is committed by more than one person or two more people who together have the intention or desire for the act to be carried out. The conclusion of this research is that the decision of the Padang High Court is correct, because it strengthens the decision of the Corruption Crime Court at the Padang District Court Number 46/Pid.Sus-TPK/2023/PN.Pdg, but the responsibility of other perpetrators who participated in the crime corruption in this case, still not held accountable.

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