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Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
UNES Law Review merupakan Jurnal Penelitian Hukum diterbitkan oleh Pascasarjana Hukum Universitas Ekasakti. Dimaksudkan sebagai sarana publikasi hasil-hasil penelitian bidang hukum. Penelitian yang dimuat merupakan pendapat pribadi penelitinya dan bukan merupakan pendapat redaksi atau Pascasarjana Hukum Universitas Ekasakti. Terbit secara berkala 4 (empat) kali setahun, yaitu bulan September, Desember, Maret dan Juni.
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Articles 310 Documents
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PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS INFORMASI IKLAN PERUMAHAN YANG MENYESATKAN DALAM PERJANJIAN KEPEMILIKAN RUMAH PADA PT. BANGUN PERSADA SEJAHTERA Budi Setiawan
UNES Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.1

Abstract

Nowadays the needs of the house are difficult to obtain, although the government is always active and strives to carry out housing development. In the midst of the limited ability of the government, has led to business opportunities to meet the needs of community housing, commonly referred to as developers. Developers in providing homes often do not provide clear information relating to the specification conditions of the house to the consumer. The problems discussed in this thesis writing is, first how the form of legal protection of the consumer for misleading housing ad information? Second, how is the business actor's responsibility for misleading home advertising information? This research is an analytical descriptive research, with normative juridical approach as main approach and empirical juridical as supporter. The data used are secondary data and primary data collected through literature study and field study with interview technique. The analysis is done qualitatively and presented in the form of qualitative descriptive. Based on the results of research that has been analyzed it can be concluded, firstly, forms of legal protection of misleading housing ad information, for the actions undertaken by developers PT. Bangun Persada Sejatera to Villa Anggrek housing consumer, the consumer as an injured party can make various legal efforts to fight for his rights through: the settlement of consumer dispute through litigation and settlement of non-litigation consumer disputes. Secondly, the business actor's responsibility for misleading housing advertising information is that the consumer is entitled to submit his / her complaint relating to the house in the maintenance warranty period of 100 (one hundred) calendar days. Developers as business actors will seek every improvement that complained by consumers. If the consumer feels aggrieved by the business actors, the entrepreneur shall be obliged to provide compensation, compensation and / or reimbursement for loss caused by the user, user and the utilization of the goods and / or services that have been traded.
PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA rustan sinaga
UNES Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.10

Abstract

Termination of employment has a very complex impact and tends to cause disputes between employers and workers. in various laws and regulations, mechanisms and procedures for termination of employment have been regulated with the aim that both businessman and workers can maintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning Industrial Relations Disput, the handling of employment disputes is the authority of the Industrial Relations Court at the local District Court. in addition to the judicial route (litigation) the settlement of disputes over termination of employment can also be settled outside the court (non litigation).In this study the author will focus on the settlement through justice (litigation). the issues discussed in this paper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Termination of Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties. in Writing this thesis the author uses the research of empirical law with normative juridical approach method supported by empirical juridical approach. Legal material collection techniques are carried out by means of library research and field research.The role of the Industrial Relations Court in the Padang Class IA Court, has resolved the case brought by the justice seekers to them, thereby granting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations Dispute Settlement.The implementation of the Industrial Relations Court Decision by the Parties has not been carried out optimally in according to the PHI decision in the Padang Class IA District Court, because there are no strict sanctions against disobedience of the parties who did not carry out the decision, namely the employer as the convicted party to carry out the PHI decision in the Padang Class IA District Court. Therefore, against those who do not comply with the ruling IRC, should be subject to strict sanctions in the form of temporary revocation of business licenses, and government needs to make regulations to regulate the sanctions against parties who do not comply with the ruling of the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the General Courts in general.
PELAYANAN PUBLIK BAGI PENYANDANG DISABILITAS DI KOTA PADANG Besse Fatmawanti; Naldi Gantika
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.109

Abstract

Research is important written in a journal is caused by several reasons: First , fulfillment of public services, especially for persons with disabilities, is an obligation and responsibility of the government in terms of fulfillment, both in the form of public services in the form of roads and sidewalks that are useful for the movement of persons with disabilities or for their mobility from one place to another, as well as supporting life supporters of disability. Article 2 of Law No. 39 of 1999 concerning Human Rights states that the Republic of Indonesia recognizes and upholds human rights and basic human freedoms as rights which naturally inherit to and are inseparable from humans, which must be protected, respected and enforced for the sake of increasing human dignity . Then it is also regulated that the right to protect, respect and uphold human rights is the government and in full in Article 71 of Law No. 39 of 1999 concerning Human Rights stated that "the Government is obliged and responsible to respect, protect, enforce and promote human rights regulated in this law, other laws and regulations, and international law on human rights received by the Republic of Indonesia. And it should not be forgotten also Article 72 which reads that the obligations and responsibilities of the government as referred to in Article 71 include effective implementation steps in the legal, political, economic, social, cultural, defense and security fields of the state and other fields. At least, there are 10 types of rights regulated in Law No. 39 of 1999 concerning Human Rights, a) the right to life, b) the right to family and continuing descent, c) the right to self-development, d) the right to justice, e) the right to personal freedom, f) the right to security, g) the right to welfare, h) the right to welfare, i) the right to participate in government, j) the right of women, k) the rights of the child.
EFEKTIVITAS PERATURAN PRESIDEN NOMOR 44 TAHUN 2016 TERHADAP KESEMPATAN KERJA PRODUKTIF BAGI TENAGA KERJA DALAM KEGIATAN PENANAMAN MODAL PADA SEKTOR PERKEBUNAN DI SUMATERA BARAT Wira Okta Viana
UNES Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i1.11

Abstract

Presidential Regulation number 44 of 2016 regulates the list of closed business fields with requirements in the field of investment. The issuance of Presidential Regulation number 44 of 2016 is expected to be implemented effectively and efficiently to the opening of productive employment opportunities for workers in investment activities, especially in the plantation sector in West Sumatera.The issues raised in writing this thesis are: First how the effectiveness of Presidential Regulation number 44 of 2016 on productive employments opportunities for labor in investment activities in West Sumatera. Second the factors that hamper the effectviness of Presidential Regulation number 44 of 2016 on productive employment opportunities for labor in plantation investment activities in West Sumatera. Third how is policy of West Sumatera provincial government related to the effectiveness of presidential regulation number 44 year 2016 in productive employment opportunity for manpower in investment activity in West Sumatera.The research method used in the writing of this thesis is the normative juridical approach supported by empirical juridical approach through interview techniques and date collection techniques by the author at the Office of One Stop Service Integrated Servive Center (DPMPTSP) of West Sumatera Province and the Office of Manpower ang Tranmigration of Sumatera Province West. Based on the results of research and analysis, it can be concluded as follows: First effectiveness Presidential Regulation number 44 of 2016 on productive employment opportunities for labor in plantation investment activities in West Sumatera has been running effectively but still not maximal because it still encountered some obstacles and weaknesses in this Presidential Regulation and its implementation. Second The internal factors included the absence of provisions on the maximum dan minimum limits of plantation land use, business scale, and so forth. External factors included limited land fpr plantations, land with traditional customary community land, low labor human resources, and investment licensing issues that are perceived as inefficient. Third West Sumatera provincial governments have issued regulations stipulated in the Regional Regulation and Governor Regulation which is guided by the provisions of Presidential Regulation number 44 of 2016 and other legislation related to the increase of employment and investment activities, especially the plantation sector in West Sumatera. One of them is Regional Regulation of West Sumatera Province number 2 of 2014 concerning Investment and Regulation of Gubernur of West Sumatera number 70 year 2013 concerning General Plan of Capital Investment of West Sumatera.
PEMBATASAN JUMLAH AKTA NOTARIS BERDASARKAN KEWAJARAN DI KOTA PADANG Rionald Harris; Zainul Daulay; Beatrix Benni
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.110

Abstract

The Honorary Board of the Indonesian Notary Association as the organ of the Indonesian Notary Association issues a regulation regarding the Fairness of the Deed Making Certificate per Notary for 20 deeds per day. Based on pre-research, there are still many notaries who do not know about the regulation in Padang. Why a Notary is prohibited from making a deed exceeding the fairness limit, what factors becomes the reasons for a Notary in Padang to make a deed exceeding the fairness limit and the legal consequences of a deed exceeding the fairness limit will be the topic of discussion in this paper. The research method used is a type of empirical juridical research and the nature of analytical descriptive research; data collection is done by using data in the form of primary material as primary data, supported by secondary and tertiary materials. The data obtained are then processed, analyzed, and interpreted qualitatively. Compliance is a virtue that moves people to act rationally in using what is fair, it is important for Notary to be given reasonable limits on the deeds that they can make per day so that the Notary does not exceed their physical ability to make daily deeds. The Law of Notary Position does not limit the number of deeds that can be made by the Notary per day, so that there are still notaries who make the deed exceed the reasonable limits set especially Fiduciary deed in Padang. Notary Deed that exceeds the fairness limit determined by the Honorary Board of Notary will not be degraded to privately-made deed, provided that what is done by Notary in making the deed is in accordance with the Law of Notary Position. The reasonable limit of making a daily deed issued by the Indonesian Notary Association Honorary Board should be included in the Minister Law or Regulation because basically the DKP.INI 1 regulation in 2017 only binds members of the association. Had the notary been expelled from the association, it would not have had any effect on his position.
TINJAUAN HAM TERHADAP PELAKSANAAN HUKUMAN RAJAM DI INDONESIA (Studi Analisis Perbandingan Hukum Islam dan Hukum Nasional) Fitra Mulyawan; Wendriadi Wendriadi
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.111

Abstract

HAM adalah hak kodrati yang dianugerahkan Allah SWT kepada setiap manusia dan tidak dapat dicabut atau dikurangi oleh kekuasaan atau badan apapun. Hak-hak yang diberikan Allah itu bersifat permanen, kekal dan abadi, tidak boleh diubah atau dimodifikasi. Dalam pandangan kasat mata, menunjukkan hukum pidana Islam sering terbentur dengan keadaan-keadaan yang sulit untuk didekati dengan hukum tersebut, baik itu berkaitan dengan HAM atau bahkan hukum yang dipegang oleh suatu negara. khususnya mengenai hudud seperti potong tangan bagi pencuri, hukum rajam bagi pezina, serta qishash, sering mendapat sorotan tajam dari berbagai kalangan. Oleh karena itu para fuqaha berbeda pendapat dalam penerapan hukuman rajam, sebagian fuqaha’ setuju dengan hukuman rajam, dengan dasar hadis Nabi sebagai sandaran hukum. Namun sebagian Fuqaha’ yang lain menyatakan tidak setuju dengan hukuman rajam, karena mereka mengganggap bahwa hadis tersebut tidak cukup sebagai dasar hukum. Dalam hukum nasional sangat jelas perbedaan antara hukum Islam dan hukum yang berlaku saat ini di Indonesia khususnya berkaitan dengan sanksi bagi pelaku zina muhshan. Ketentuan hukuman rajam berlawanan menurut pandangan HAM antara lain dengan: Deklarasi Umum HAM (DUHAM), Konvensi menentang penyiksaan dan perlakuan atau penghukuman lain yang kejam, tidak manusiawi dan merendahkan martabat manusia, dan Konvensi Hak Sipil dan Politik dan UUD 1945.
PERAN BADAN MUSYAWARAH NAGARI SUNGAI SARIAK SEBAGAI PENGAWAS PENGGUNAAN ANGGARAN YANG BERSUMBER DARI DANA DESA Titra Junaidi
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.112

Abstract

The Role of the Nagari Consultative Body is a form of democracy at the nagari level, Bamus functions to determine the nagari regulations together with the nagari government, to accommodate and channel the aspirations of the nagari community and to oversee the nagari financial management. Regional District of Padang Pariaman Number 05 of 2009 the role of Bamus has not been maximized in accommodating the aspirations of the community, the lack of socialization about development planning and supervision of the Nagari Government and BAMUS coordination in the meeting agenda is expected to play a more effective role in the future management of the nagari financial management. Based on the background description that has been conveyed How is the Role of Bamus in supervising the implementation of the Nagari Government in Nagari Sungai Sariak Kecamatn VII koto Sungai Sariak and What are the obstacles faced by Bamus in supervising the Nagari Government and the efforts made in Nagari Sungai Sariak District VII Koto Sariak. River The research method used is descriptive analytical method. Descriptive research analyzes and presents data and facts systematically so that they can be more easily understood and concluded. This study aims to determine how the role of the Nagari Consultative Body as a Supervisor of the Use of Budgets sourced from Village Funds, especially in the Sariari Nagari Sungai VII, Koto Sungai Sariak District. The results of the research in Nagari, have concluded that the Nagari Consultative Body has not worked optimally in accordance with the role of BAMUS in the Regional Regulation of Padang Pariaman District Number 05 of 2009. The Nagari Musaraharah Agency (Bamus) in carrying out the Nagari fund supervision function has not been maximized, this has occurred. because the Nagari Deliberation Board (Bamus) in carrying out its duties Bamus experienced several obstacles The Sariak River Nagari Deliberation Board (Bamus) was expected to be able to carry out its supervisory function and Bamus's role in the Nagari deliberation to the maximum and be able to communicate well as a partner of the ngari government.
REGARDING DISPUTE AND ARBITRATION Hanafi Darwis
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.113

Abstract

It shall be necessarily acknowledged that a dispute is usually originated from such a situation in which a party feels harmed by the other party. Unsatisfied expression shall come out if there is any conflict of interest. In respect of which, people shall have such a certain way to settle a conflict or dispute itself, in which the process of dispute settlement engaged herein may be taken through both formal and informal approaches. In relation to which, Arbitration Agency may receive a request raised by the parties in such an agreement and give a binding opinion regarding the matters pertaining to the aforementioned agreement, for instance, if there is any interpretation of any unclear provision; there is any addition or variation in the provision with respect to the existence of any new circumstance. Accordingly, the issuance of opinion by arbitration agency shall cause the both parties bound to it, if a party’s action is in violation to the aforesaid opinion, it shall be deemed to breach the agreement, and against the aforesaid binding opinion, any legal remedy or protest whatsoever may not be filed either in the form of legal proceeding of Appeal or Cassation.
PERAN MAHASISWA DALAM GERAKAN ANTI KORUPSI Muhammad Amar Ma’ruf; Guruh Aryo Santoso; Afifah Mahdiy Mufidah
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.114

Abstract

Corruption is a problem and is a big challenge faced by the people of Indonesia and the world. Corruption has been around for a long time since humans have known administrative governance. Corruption is often related to problems or political policies in the government environment. Corruption is included as criminal behavior, corruption is not just stealing, but there is an element of abuse of authority or power in it, it gives moral content to corruption. Corruption does not only affect one aspect of life but also has a domino effect on other aspects of life. One of the best ways to break the chain of corruption in this country is by providing anti-corruption education to the next generation of its people. Because the next generation of the nation will be the generation that replaces the old state officials, to build a beloved country so that it can triumph in the eyes of the world. This young generation is the key to the success of the country's development which must avoid corruption. So, it is easier for us to educate and influence the younger generation so that they do not commit criminal acts of corruption before they are first influenced by the "culture" of corruption from their predecessor generation. Students are supported by the basic competencies they have, namely: intelligence, creative ideas, critical thinking skills, and the courage to express the truth. With their competence, students are expected to be able to become agents of change for themselves, their families, and the surrounding community, they are able to voice people's interests, are able to criticize corrupt policies, and are able to become supervisors of state institutions and law enforcement.
MEMBANGUN BUDAYA ANTIKORUPSI DARI HAL TERKECIL SEJAK DINI Aisyah Martanti Wulandhari
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.115

Abstract

Without us knowing, it turns out that Indonesia has been following quite a long time in globalization. There have been many changes that have occurred, starting from the cultural, political, economic system, transportation, lifestyle, especially in the field of technology, and many more. Globalization does have a good influence on Indonesia, but it cannot be denied, globalization also has a bad influence. We can see the culture of westernized life is already widespread among Indonesian people. One of them is selfishness and self harm and is detrimental to the interests of others. A concrete example of this is the act of corruption that seems to have been entrenched in Indonesia. And most of these acts of corruption are actually carried out by people who hold important positions of government, both from the legislative, executive, and judiciary institutions, where they should have received sufficiently higher education and have sufficiently understood that acts of corruption are acts of violation existing community laws and norms. Seeing the current condition of Indonesia, our nation needs future leaders who are free from corruption. Therefore, the nation's children are the hope of the next generation who will later hold the Indonesian government. This anti-corruption character is very good to be instilled in children at an early age of course they start from simple things. This article has been compiled with the aim of exploring ways to develop an anti-corruption culture, especially for Indonesian children at an early age. With the anti-corruption character that has been imprinted in itself since early, it is not impossible that Indonesia will be free from corruption in the future.

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