Uniku Law Review
UNIKU LAW REVIEW adalah Jurnal Kajian Ilmu Hukum merupakan sarana desiminasi ilmiah yang diterbitkan oleh Fakultas Hukum Universitas Kuningan. E-ISSN jurnal yaitu 3021-7350. Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empiris. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara maupun hukum adat. UNIKU LAW REVIEW ini diterbitkan 2 (dua) kali dalam setahun, yaitu pada bulan Juni dan Desember.
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40 Documents
<![CDATA[Qanun Jinayat Aceh dalam Perspektif Hak Asasai Manusia: Studi Kasus Putusan Mahkamah Agung Nomor 60 P/HUM/2015 ]]>
<![CDATA[Abdul Karnaen]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 1 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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DOI: 10.25134/ulr.v3i1.1369
<![CDATA[The Aceh Qanun is a regional legal instrument born from the uniqueness and privileges of Aceh within the framework of the Unitary State of the Republic of Indonesia. The position of the qanun as a special regional regulation has given rise to debate, particularly regarding its authority over the law and its material review mechanism. This study aims to analyze the legal arrangements of the authority of the Aceh Qanun within the national legal system and to examine the application of the Supreme Court decision in the case of the material review of the Aceh Qanun, particularly the Jinayat Qanun. The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that hierarchically the Aceh Qanun is placed on an equal footing with provincial regulations but has substantive specificity based on Law Number 11 of 2006 concerning the governance of Aceh. In addition, the Supreme Court has the authority to conduct a material review of the qanun if it is suspected of contradicting higher laws. Supreme Court Decision No. 60 P/HUM/2015 demonstrates that the Supreme Court considered the authority, hierarchy of norms, and Aceh's specific characteristics in assessing the applicability of the Aceh Qanun Jinayat. Therefore, the judicial review of the Aceh Qanun serves as a judicial oversight mechanism to maintain a balance between special autonomy and the supremacy of national law.]]>
<![CDATA[Implementasi Keputusan Tata Usaha Negara dalam Penyelesaian Sengketa Proses Pemilihan Umum di Provinsi Nusa Tenggara Barat ]]>
<![CDATA[Khulud Miftahul Zanah]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[The purpose of this article is to determine the regulations or substance of the settlement of general election disputes in the province of West Nusa Tenggara, as well as to determine how effective the implementation of the State Administrative Decree is in resolving general election disputes in the province of West Nusa Tenggara. This article uses a normative juridical method or commonly known as library research which emphasizes the approach and analysis of laws and regulations, legal doctrines and court decisions as guidelines for individuals in behaving in the community. Indonesia is a country based on democracy, as stated in Article 1 paragraph (3) of the 1945 Constitution. Evidence that Indonesia is a democratic country is reflected in the process of holding general elections with integrity. However, of course, in its implementation, general elections often arise disputes or dissatisfaction with the process and results of the implementation of general elections. Therefore, as a response to the existence of general election disputes, an institution and mechanism are needed to resolve general election disputes, either through the Constitutional Court, Bawaslu and the State Administrative Court. Regarding the authority of the State Administrative Court to resolve general election disputes as one of the disputes related to state administrative decisions disputes based on Law Number 5 of 1986 in conjunction with Law Number 5 1 of 2009 concerning State Administrative Courts. The implementation or application of the authority of the State Administrative Court can be seen from one of the Decisions Number 124/G/2025/PTUN.JKT.]]>
<![CDATA[Efektivitas Eksekusi Putusan PTUN dalam Sengketa Administratif Partai Politik: Analisis Putusan PTUN Jakarta No: 455/G/SPPU/2022/PTUN.JKT ]]>
<![CDATA[Muhammad Dafa Fauzan]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[This article was written to fulfill the requirements of the State Administrative Court Procedural Law course taught by Prof. Dr. Suwari Akhmadian, S.H., M.H., with the aim of analyzing the effectiveness of the execution of PTUN decisions in political party administrative disputes based on the Jakarta PTUN Decision Number 455/G/SPPU/2022/PTUN.JKT. This research uses normative legal methods with a statutory approach and case studies to examine the provisions of Article 116 of Law No. 5 of 1986 in conjunction with Law No. 9 of 2004 in conjunction with Law No. 51 of 2009 and their application in practice. The results of the study indicate that although the normative framework for decision execution is clear, its implementation still faces serious obstacles in the form of a lack of technical regulations, weak inter-agency coordination, and political resistance in political party management disputes. The study's conclusion emphasizes the need to strengthen executorial regulations and the legal culture of state administrative officials so that the execution of PTUN decisions can be effective, provide legal certainty, and realize optimal legal protection.]]>
<![CDATA[Penerapan Kode Etik dan Asas-Asas Umum Pemerintahan yang Baik dalam Proses Penegakan Disiplin Anggota Kepolisian ]]>
<![CDATA[Ade Santi Belianti]]>;
<![CDATA[Suwari Akhmaddhian]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[This research is motivated by the issue of the inconsistency between the implementation of the police code of ethics and the General Principles of Good Governance (AUPB) in the process of enforcing discipline among Indonesian National Police (Polri) members. The purpose of this research is to analyze the relationship between these two norms and to assess the conformity of police officials' actions with the AUPB principles in imposing sanctions. The method used is normative legal analysis with a case study approach based on Medan Administrative Court Decision Number 20/G/2025/PTUN.MDN. The results show that although the regulation of the Polri code of ethics is normatively aligned with the AUPB, its implementation in the case studied does not meet the principles of legal certainty, accuracy, openness, and proportionality because the ethics examination process was not carried out procedurally. It is concluded that the effectiveness of code of ethics enforcement is determined not only by the firmness of sanctions but also by the consistency of the AUPB application as a guarantee of legality and fairness in fostering discipline among Indonesian National Police (Polri) members.]]>
<![CDATA[Penerapan Sanksi terhadap Pelanggaran Etik Aparatur Sipil Negara: Studi Kasus Putusan PTUN Jakarta Nomor 170/G/2020/PTUN.Jkt ]]>
<![CDATA[Ane Putri Marciesyah]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[This paper discusses the importance of sanctions for civil servants who violate discipline. In more depth, this article aims to analyze the legal framework of the State Civil Apparatus (ASN) ethics that regulates the types of violations and sanctions that have implications for institutional value crises, as well as the extent to which the application of ethical sanctions is effective in preventing and overcoming such crises. This research uses a juridical analysis method with a normative legal research approach. As a central case study, this research places the Jakarta Administrative Court Decision No. 170/G/2020/PTUN.Jkt. The results show that strict legal structures, including Law No. 5 of 2014 and Government Regulation No. 37 of 2004, expressly prohibit civil servants from becoming members of political parties as a form of affirmation of neutrality. Violations of neutrality are a form of non-compliance with the code of ethics that result in severe disciplinary sanctions. The application of the Dishonorable Dismissal (PTDH) sanction by the defendant agency (Minister of Communication and Information) in Decision No. 170/G/2020/PTUN.Jkt. is considered effective from a legal and administrative perspective. This effectiveness is measured by the firmness of the institution's stance in prioritizing neutrality and creating a strong deterrent effect, which is a collective preventive measure to maintain the institution's image. However, law enforcement still faces obstacles, such as a lack of socialization and understanding among direct superiors regarding disciplinary oversight.]]>
<![CDATA[Penerapan Kode Etik Aparatur Sipil Negara dalam Penyelesaian Sengketa Kepegawaian : Studi Kasus Putusan Pengadilan Tata Usaha Negara Yogyakarta Nomor 10/G/2024/PTUN.YK ]]>
<![CDATA[Pahri Ginanjar]]>;
<![CDATA[Suwari Akhmaddhian]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[This study aims to examine how the regulation and implementation of the Civil Service (ASN) code of ethics applies in practice, particularly in resolving personnel disputes through the state administrative court mechanism. The author used a normative juridical research method with a case study of the Yogyakarta State Administrative Court Decision Number 10/G/2024/PTUN.YK. Data were analysed using Lawrence M. Friedman's Legal System Theory, which consists of elements of legal structure, legal substance, and legal culture. The results show that although a comprehensive regulatory framework regarding the ASN code of ethics is available, its implementation still faces obstacles related to the lack of synchronisation between agency authority, ASN's understanding of ethics, and a bureaucratic culture that does not fully support ASN professionalism and neutrality. The Yogyakarta State Administrative Court decision in this case confirms the crucial role of judicial oversight in testing the objectivity of administrative decisions based on violations of the code of ethics. In conclusion, resolving personnel disputes through the PTUN is an essential part of the legal system that ensures that personnel decisions do not deviate from the rule of law and the principles of bureaucratic ethics.]]>
<![CDATA[Penegakan Hukum terhadap Penerbitan Sertifikat Hak Pakai yang Tumpang Tindih dengan Sertifikat Hak Milik ]]>
<![CDATA[Ghea Cindy Denata]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[The purpose of this study is to provide a legal analysis of the Bandung State Administrative Court Decision Number 84/G/2023/PTUN.BDG relating to a land dispute between the Plaintiffs as holders of Land Ownership Certificate No. 3546/Cikutra and the Bandung City Land Office regarding the issuance of Land Use Certificate No. 00215/Cikutra on behalf of the Bandung City Government. This study uses a case study method with a qualitative approach based on secondary data sourced from the PTUN decision, laws and regulations, and other supporting information. The results show that the panel of judges declared the object of dispute invalid and ordered the defendant to revoke the certificate due to administrative errors found, particularly in the measurement stage, verification of physical and legal data, and inconsistencies in the announcement procedure that resulted in overlapping with previously registered land rights. The conclusion of this study is that the process of issuing the Land Use Certificate does not comply with applicable land registration provisions and does not reflect the principles of land administration that guarantee legal certainty, prudence, and protection of the rights of legitimate landholders.]]>
<![CDATA[Efektivitas Mekanisme Uji Materiil dalam Penyelesaian Sengketa Administrasi: Kajian Putusan Mahkamah Agung Nomor 6/P/HUM/2021 di Provinsi Banten ]]>
<![CDATA[Febi Pebiantini]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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DOI: 10.25134/ulr.v3i2.1545
<![CDATA[This article discusses the effectiveness of the judicial review mechanism in resolving administrative disputes. As a country that upholds the rule of law, Indonesia utilizes the judicial review mechanism as a vital tool to ensure that all existing regulations, including regional regulations, are in line with higher legal norms. This article aims to analyze the regulation and implementation of the judicial review mechanism in Supreme Court Decision Number 6/P/HUM/2021 concerning Serang City Regulation Number 11 of 2019 concerning the implementation of tourism businesses and its impact on the resolution of administrative disputes in Banten Province. The research question addresses how the Supreme Court's authority in judicial review is regulated and implemented in that decision. The research method used is normative juridical with a statutory regulatory approach, conceptual, and case study, with qualitative analysis of primary and secondary legal sources. The findings of this study indicate that the Supreme Court found inconsistencies in the substance and procedures for drafting the Regional Regulation, thus declaring several articles in the Regulation invalid. This decision affirms the Supreme Court's crucial role in maintaining legal consistency and has had a significant impact on the practice of regional regulation-making and administrative dispute resolution. The Supreme Court concluded that the judicial review mechanism implemented by the Supreme Court in Decision Number 6/P/HUM/2021 complies with the applicable legal framework. Recommendations: Regional governments and the Regional People's Representative Council (DPRD) need to ensure that each regional regulation is drafted in accordance with higher-level laws and regulations and complies with applicable drafting procedures.]]>
<![CDATA[Penerapan Kewenangan Badan Pertanahan Nasional dalam Sengketa Pembatalan Surat Keputusan Pertanahan: Studi Kasus Nomor 56/G/2024/PTUN/PLG) ]]>
<![CDATA[Afifah Zahra Nadira]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 1 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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DOI: 10.25134/ulr.v3i1.1563
<![CDATA[The increasing number of land disputes in Indonesia indicates that the administrative decisions of the National Land Agency (BPN) are still frequently questioned, particularly regarding the limits of authority and procedural provisions. Consequently, this topic is critical to research as it creates legal uncertainty for the public. This study formulates two main problems: first, how the BPN's authority in regulating and canceling land decrees operates under positive law; and second, what the form and effectiveness of the BPN's legal defense are in disputes over the cancellation of decisions, specifically in Case Number 56/G/2024/PTUN/PLG. The objective is to determine the basis of the BPN's authority and assess the quality of the legal defense submitted when its decisions are challenged at the State Administrative Court (PTUN). This research employs a normative juridical method with a statutory approach, reviewing the Basic Agrarian Law (UUPA), Government Regulation (PP) No. 24 of 1997 and its amendments, and Law No. 30 of 2014. The results indicate that the issuance of the Land Ownership Certificate in Case No. 56/G/2024/PTUN/PLG was proven to have exceeded the territorial jurisdiction of the Palembang BPN and was deemed procedurally flawed. Therefore, the BPN's legal defense failed to refute the element of abuse of authority. This finding emphasizes the urgent need to improve procedural compliance and professionalism in land administration.]]>
<![CDATA[Peran Pengadilan Tata Usaha Negara dalam Menyelesaikan Sengketa Pertanahan: Studi Kasus Putusan 13/G/2024/PTUN.JBI ]]>
<![CDATA[Bisma Bintang Pradipta]]>
<![CDATA[ Uniku Law Review Vol. 3 No. 2 (2025): UNIKU LAW REVIEW ]]>
Publisher : <![CDATA[Universitas Kuningan ]]>
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<![CDATA[This study analyzes the role of the State Administrative Court (PTUN) in resolving land disputes. The purpose of this study is to determine the regulation of the State Administrative Court in resolving land disputes and the application of the State Administrative Court in resolving land disputes in Decision 13/G/2024/PTUN.JBI. The method used in this paper is normative juridical. The results of the study show that the regulation and application of the authority of the State Administrative Court (PTUN) in resolving land disputes are the result of important developments in the administrative law system in Indonesia. The underlying laws, such as the PTUN Law, the State Administration Law, PP 24/1997, PERMA 6/2018, Perpres 48/2020, and SEMA 5/2021, and Decision Number 13/G/2024/PTUN.JBI, demonstrate how the Jambi State Administrative Court exercised its judicial function in assessing the validity of the State Administrative Decree (KTUN) regarding the issuance of two land ownership certificates (SHM 1480/Paal Merah and SHM 6863/Paal Merah) that allegedly overlapped with SHM 788/Paal Merah, land belonging to Tarmizi's heirs.]]>
