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UNISAN Law Review
Published by Universitas Ichsan Gorontalo
ISSN : 25492462     EISSN : 25493744     DOI : https://doi.org/10.37195/ulr.v10i1
Core Subject : Science, Social,
Law, Crime, Criminology & Criminal Justice Library & Information Science
UNISAN Law Review is a peer-reviewed journal which published by Faculty of Law Ichsan University of Gorontalo - Indonesia. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol 9 No 2 (2024): Oktober" : 4 Documents clear
ANALISIS HUKUM TERHADAP PENGALIHAN OBJEK JAMINAN FIDUSIA DIBAWAH TANGAN irwan, irwan
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.873

Abstract

In providing assistance in the form of loan funds to the debtor, the creditor asks for debt collateral from the debtor. The collateral can be in the form of movable objects, both tangible and intangible, and immovable objects, especially buildings which cannot be encumbered with mortgage rights, which are often called fiduciary guarantees. Definition of Fiduciary Guarantee according to Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Guarantee is a security right for movable objects, both tangible and intangible and immovable objects, especially buildings which cannot be encumbered with mortgage rights as intended in Law Number 4 of the Year 1996 concerning Mortgage Rights which remain in the control of the fiduciary, as collateral for the repayment of certain debts, which gives the Fiduciary Recipient a preferred position over other creditors. In a fiduciary agreement, the object that is used as the object of the fiduciary guarantee remains in the control of the owner of the object (debtor) and is not controlled by the creditor, so in this case it is handing over ownership of the object without handing over the physical object. The creditor entrusts the debtor to continue to use the collateral according to its function. However, even though the collateral remains in the control of the debtor, the debtor must have good faith to maintain the collateral as well as possible. Debtors are not permitted to transfer or lease to other parties objects of fiduciary security which are not inventory items without the approval of the creditor, because objects whose control is in the hands of the debtor are very risky to change hands. Transferring the object of fiduciary collateral under your own hands will have legal risks in the future. The debtor will be legally disadvantaged if the other party breaks their promise, hoping that that party wants to help pay the debt from the debtor to the creditor but in fact the party breaks their promise. The transfer of an object that is the object of a fiduciary guarantee under the hand is an imperfect transfer because the proof of ownership of an object of fiduciary guarantee is temporarily held by the party receiving the fiduciary as collateral. Before the fiduciary recipient executes the object that is the object of the fiduciary guarantee, it must be ensured that the object has been registered at the fiduciary registration office. If there is a transfer of rights to a fiduciary collateral object under the hands of the fiduciary giver or debtor, the fiduciary recipient can take legal action by executing the object that is the object of the fiduciary guarantee even though the object is controlled by another party.
PERLINDUNGAN HUKUM TUNJANGAN HARI RAYA PEKERJA YANG TIDAK DI BERIKAN OLEH PT GUNBUSTER NICKEL INDUSTRI (GNI) SULAWESI TENGAH pakaya, asriani; Nur Insani; Aliyas, Aliyas
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.981

Abstract

ASRIANI. H1120013. LEGAL PROTECTION OF WORKERS' HOLIDAY ALLOWANCES IGNORED BY PT.GUNBUSTER NICKEL INDUSTRI (GNI) CENTRAL SULAWESI This research aims to find out: (1) the legal efforts of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi, and (2) the legal protection of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi. This research employs an empirical juridical legal research method. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions on any specific legal events that occur in society. The research results indicate that: (1) The legal efforts of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi are carried out based on mutual agreement betweenworkers and companies without coercion so that there is no religious holiday allowance for workers, (2) To find out thelegal protection of workers' unpaid holiday allowances by PT Gunbuster Nickel Industry (GNI) Central Sulawesi protection provided by the company to workers in the form of safety at work and the company's concern for its workers. The protection of workers is regulated in Law No. 13 of 2003 and the Regulation of the Minister of Labor providessanctions against companies that do not provide holiday allowances to workers in the form of written warnings, restrictions on business activities, temporary suspension of production equipment partially or completely, and suspension of business activities. (1) Obstacles come from the workers themselves because of the low level of education and the feeling of fear so that workers do not question or set aside the rights they should get. (2) Sanctions should be stricter than administrative sanctions. Additional sanctions such as imprisonment are expected to reduce the level of violation of religious holiday rights. Keywords: worker protection, THR, Regulation of the Minister of Labor No.6 of 2016
Pertanggungjawaban KPU Terhadap Penggunaan Sirekap Pada Pemilu Serentak 2024 Harun, Daeng; Djafar, Marwan; Pede, Albert
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.995

Abstract

Abstract: The purpose of this study is to determine and evaluate the form of KPU's responsibility for the use of sirekap in the 2024 Election. The research method used in this research is the normative research method by taking a statutory approach. The findings or results of this study are in the form of many mistakes that occurred in the 2024 election process due to sirekap, as for the findings, namely the Association for Elections and Democracy (Perludem) Foundation received complaints regarding the use of Sirekap which could not be accessed and could not even be used on voting day. This situation forced KPPS officers to upload C results to Google Drive, while the number of valid votes at polling stations was higher than the number of voters per polling station. Under these conditions, every upload of voting results by KPPS must go through a verification process before being displayed in the election results diagram on the KPU website. However, due to the accumulation of unverified data, some data was hampered to be displayed, so the KPU closed the temporary election result diagram on the day of the recapitulation. The issue of using Sirekap was also discussed in the election result dispute hearing held at the Constitutional Court. Sirekap mobile takes data from the C1 form. The results are made by handwriting using Optical Character Recognition (OCR) technology, but the writing on the C1 form which is handwritten by KPPS members at 822 thousand polling stations is difficult to read by OCR. The camera aspect is also a factor, because Sirekap mobile is installed on each KPPS mobile phone (hp) with different brand quality, so there are differences in the uploaded C1 form; some are clear, dim, white, or yellowish. In addition, folded paper can also cause misinterpretation by OCR.
Analisis Kriminologi Terhadap Fenomena Bunuh Diri di Kota Gorontalo Al amry, Ilham; Darmawati, Darmawati; Haritsa, Haritsa
Unisan Law Review Vol 9 No 2 (2024): Oktober
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v9i2.1047

Abstract

This research aims to find the factors causing suicide and to determine theefforts to overcome suicide by the Gorontalo City Resort Police. The researchmethod used is empirical legal research, namely, legal research thatexamines implementing laws and regulations in the field. The results of thisstudy indicate that the causes of suicide in the jurisdiction of the GorontaloCity Resort Police, namely the economic factor, namely the victim is knownentangled in a large amount of debt, the romance or love factor, and thedepression factor which is a triggering factor for the decision to end life bycommitting suicide. The efforts to overcome suicide cases in Gorontalo Citycarried out by the police are by conducting socialization and counselingefforts as well as assistance efforts carried out in collaboration withpsychologists, especially for victims of attempted suicide. From the results ofthis research, the recommendation is that the government should increaseintegrated efforts in terms of growing awareness of values and recognizingforms of suicide deviations. The public can play a more active role indeveloping suicide prevention awareness as early detection of familymembers, especially those who have serious problems leading to depression

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