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Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : -
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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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Search results for , issue "Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)" : 10 Documents clear
KAJIAN KRIMINOLOGI TERHADAP TAWURAN YANG BERPOTENSI TINDAK PIDANA OLEH PELAJAR DI KOTA PADANG Budi Rahmat; Fitriati Fitriati
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.57

Abstract

Various efforts were made by the regional government and law enforcement officials to tackle brawls between students in the city of Padnag, but there was no formulation of countermeasures that could eradicate fights between students in the city of Padang. This research is a legal research with analytical descriptive specifications with a normative juridical approach supported by an empirical juridical approach. The results showed that the causes of brawls among adolescents who have the potential for criminal acts in the city of Padang include internal factors, which are quite low self-control, lack of religious values ​​in themselves and want to see their existence. Furthermore External Factors include egoistic community, because of friend's invitation, because of a sense of solidarity, because of school selfishness and because of pressure and invitation from school alumni. Efforts made to combat the occurrence of fights between adolescents who have the potential for criminal acts in the city of Padang include preventive efforts, including through family channels such as supervision and family attention to other family members, school paths in the form of lightning pesantren, character and other education etc. and routine supervision. Repersive measures such as School actions to provide disciplinary penalties, legal processes by the police and conduct acts of arrest and coaching by the Civil Service Police Unit.
PEMENUHAN HAK ANAK SEBAGAI TERSANGKA DALAM PENYIDIKAN TINDAK PIDANA KECELAKAAN LALU LINTAS Afrino Afrino
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.58

Abstract

Lately, there have been frequent traffic accidents which have caused many losses. The Sijunjung Regional Police Laka Satlantas Unit has handled 35 cases of traffic accident committed by children, so far it has always prioritized child protection in examining children who are dealing with the field of law. This research is a descriptive analytical study. Adapaun the results of the implementation of the implementation of the fulfillment of children's rights as suspects in the investigation process, can be seen from careful actions carried out by investigators, meaning that if the cases carried out by children are still classified as minor acts, there should be no detention measures, whereas if the case is a criminal offense detention can be carried out, in the investigation process the suspect must be accompanied by his parents even though his legal advisor does not come to accompany the suspect. BAPAS in the inspection phase is obliged to assist the suspect. Examination of child suspects, it should be noted that there is a special room that is comfortable and friendly for child offenders, and the Diversion process is prioritized to achieve the best interests for children. Constraints encountered by the police in fulfilling children's rights as suspects in the process of investigating traffic accident crimes, namely in the process of investigating and detaining suspected children, where there are internal factors, namely members of Unit Laka personnel who are few in number, BAPAS sometimes unable to attend, legal counsel sometimes unable to attend. Efforts to overcome the obstacles that arise in the provision of children's rights as suspects in the investigation process of traffic accident crimes, where the Sijunjung Regional Police have dealt with these obstacles in accordance with what is needed, among others asking for funds to add detention rooms, writing BAPAS and legal counsel, and providing socialization to schools or to the community regarding enforcement of traffic laws in general and the protection of children in particular.
PERTIMBANGAN HAKIM PADA PUTUSAN PRAPERADILAN NO. 97/PID.PRAP/2017/ PN.JKT.SEL DAN N0 04/PID.PRAP/2015/PN.JAK.SEL TENTANG PENETAPAN STATUS TERSANGKA Dasrinal Dasrinal
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.59

Abstract

Determination of suspect status is an extension of the pretrial object. The problem is the consideration of pretrial judges in deciding pretrial applications to determine the status of suspects in case No. 97 / PID.PRAP / 2017 / PN.JKT.SEL and case No. 04 / PID.PRAP / 2015 / PN.JAK.SEL. This research is legal research with analytical descriptive specifications with a normative juridical approach. Normative legal research approach. The results showed that the Judge's consideration of the pretrial request was the validity of the evidence used as the basis for determining the suspect. Another consideration is the object of pretrial requests not the authority of a pretrial judge. Pre-trial Judge's Decision Against Pretrial Request Determination of the Status of Suspects is in part granted the Pre-trial Petitioner in part;
PERLINDUNGAN HUKUM INDIKASI GEOGRAFIS ATAS MEREK KOPI TORAJA DAN KOPI GAYO YANG DIDAFTARKAN OLEH NEGARA LAIN Ayu Kumala Sari Hamidi; Iyah Faniyah
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.60

Abstract

The existence of IPR, especially Geographical Indications and Brands, is the basis of policy making in the world of Trade. Indonesia is a country that is rich in potential Geographical Indication products and then Law No. 20 of 2016 concerning Geographical Indications and brands for National Regulations and in TRIPS as International Arrangements. but there are still violations of cases regarding Geographical Indications and Trademarks and occur in Toraja coffee and Gayo coffee. The formulation of the problem in this research is how is the trademark legal law for Geographical Indications in the case of Toraja coffee and Gayo coffee registered by other countries? How is the legal settlement of the Violation of Brand Geographical Indications carried out by other Countries against Toraja coffee and Gayo coffee?The specification of this study is Descriptive Analysis. The approach is a normative juridical approach using secondary data obtained through library studies. The data is then analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of research and analysis, answers can be obtained: 1) Legal protection against Toraja coffee and Gayo coffee registered by other countries, namely by registering the trademark to the Director General of Intellectual Property Rights and after obtaining a Geographical Indication certificate from the Director General of Intellectual Property Rights, the geographical indication of a product's brand it gets strong protection. 2) Legal settlement of brand violations and geographical indications of the brand of Toraja coffee and Gayo coffee are litigation methods carried out through the Commercial Court institution, for Toraja Coffee to be carried out at the Ujung Pandang Commercial Court and Gayo Coffee at the Medan Commercial Court.
MEKANISME PENGISIAN DAN PENEMPATAN DAN STOPPING DALAM POSISI DI PEMERINTAH DAERAH KOTA SOLOK Johan Rafles
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.61

Abstract

The specification of this study is descriptive analytical with the approach methodused is normative juridical as the main approach and supported by an empirical juridicalapproach, this means taking an approach that emphasizes on the practice of the fieldassociated with the legal aspects or legislation in force. Data sources used primary andsecondary data sources and interviews were analyzed qualitatively with the results ofanalytical descriptive data presentation.Based on the results of the discussion and analysis, it is obtained as follows: First,the mechanism of filling and placement and dismissal in functional positions,administrator positions, and high leadership positions for provisions and procedures aswell as termination of positions are regulated in Government Regulation Number 11 of2017 concerning PNS Management but provisions those that have not been regulated byfurther provisions in this PP can use existing PP provisions which may not becontradictory, including ministerial regulations that regulate technically. Second, theinhibiting factors of the mechanism for filling and placing and terminating positions in theSolok City Regional Government include: not prioritizing competence in occupyingpositions; the merit system has not gone well; Transfer / Transfer of Civil ServantsPosition between Regency / City.
EKSISTENSI KEPOLISIAN SEKTOR DALAM MEWUJUDKAN KEAMANAN DAN KETERTIBAN MASYARAKAT DI NAGARI KURANJI HILIR DAN KOTO TINGGI KABUPATEN PADANG PARIAMAN Kasman Kasman
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.62

Abstract

According to Article 13 of Law No. 2 of 2002, the main task of the National Police is to maintain public security and order, uphold the law and provide protection, protection and service to the community. Placement in the lurah / village and nagari is the Existence of Sector Police Implementation in realizing the security and order of the people of Nagari Kuranji Hilir and Koto Tinggi Kabupaten Padang Pariaman is the Implementation of Kapolri Regulation Number 3 of 2015. The approach model implemented by Sector Police is a model of community policing arrogance ( Community Policing). The formulation of the problem in the study is, first, How the Existence of the Inner Sector Police Realizes the Security and Order of the Nagari Kuranji Hilir Community and Koto Tinggi Kabupaten Padang Pariaman? Padang Pariaman? what three efforts should be corrected in the Existence of the Sector Police in Realizing the Security and Order of the Nagari Kuranji Hilir Community and Koto Tinggi Kabupaten Padang Pariaman? This research is a legal research wicth analysis descriptive specification. The approach used is a normative Juridical approach supported by an empirical Juridical approach. The data used are secondary data and primary data collected through library studies and field studies. The data is then analyzed qualitatively and presented in the form of descriptive qualitative. The conclusions of the study are, First, the Existence of Sector Police in Realizing the Security and Order of Nagari Kuranji Hilir and Koto Tinggi Communities Sungai Limau District, Padang Pariaman Regency is carried by the Existence of Bhabinkamtibmas by adopting local wisdom, pre-emptive efforts, pam swakarsa development, forming community policing, FKPM and Pokdar Kamtibmas, Do Problem Solving through the ADR pathway; Second, the constraints in the implementation faced by the Sector Police in Realizing the Security and Order of the Nagari Kuranji Hilir Community and Koto Tinggi Sungai Limau Subdistrict, Padang Pariaman Regency, are citizens' legal awareness which tends to view a win lose solution, area, demography and geography have hills, rivers and lurahs. ratio ratio 1: 3,000. and third Efforts to overcome obstacles to implementation Existence of Sector Police in Realizing Security and Order The people of Nagari Kuranji Hilir and Koto Tinggi of Kabupaten Padang Pariaman are Polri publishing Smart Books on Bhabinkamtibmas, Increasing Knowledge, Bhabinkamtibmas such as Training and vocational education.
UPAYA NON PENAL PENINGKATAN KESADARAN HUKUM MASYARAKAT UNTUK MENGGUNAKAN HELM BERSTANDAR NASIONAL INDONESIA DI POLRES TANAH DATAR Fitri Dewi Utami
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.63

Abstract

Article 106 paragraph (8) of Law Number 22 Year 2009 concerning Road Traffic and Transportation states that every person driving a Motorcycle and Motorcycle Passenger must use a helmet that meets Indonesian national standards. The level of legal awareness of two-wheeled riders in the jurisdiction of Tanah Datar police station to use SNI-standard helmets is still low. It can be seen from the increase in traffic violations that do not use helmets in Tanah Datar Regency in the last 2 (two) years from 2017 to 2018. Efforts of Non Penal Satlantas of Tanah Datar Regional Police in Increasing Legal Awareness of Two-Wheeled Riders to Use SNI-Standard Helmets is to continue disseminating information to road users, Extension to the bykers / motorbike clubs about the traffic order carried out in front of Pagaruyung palace. Training on the obligation to use SNI helmets for all motorcycle drivers in Tanah Datar. Patrol is one of the police activities carried out by 2 or more members of the National Police.
KEBIJAKAN PENGHAPUSAN VERIFIKASI BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN DALAM PENDAFTARAN HAK ATAS TANAH DI KOTA PADANG Tri Mardhi Jaya
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.64

Abstract

Circular of the Head of the National Land Agency of the Republic of Indonesia Number 5/SE/IV/2013, no longer requires verification of proof of payment of BPHTB payments by the relevant agency, so that contrary to Padang City Regional Regulation Number 1 of 2011 jo. Mayor of Padang Regulation Number 27 of 2016. The question arises, as to the policy arrangement and the legal consequences of the elimination of BPHTB verification in the registration of land rights and registration of the transfer of land rights. Through normative juridical methods, data collection with document studies and interviews, facilitates discussions that are presented through sentence descriptions. The results of the discussion found that the Circular of the Head of the National Land Agency of the Republic of Indonesia Number 5/SE/IV/2013,speed up land services,but contrary to Padang City Regional Regulation Number 1 of 2011 jo. Mayor of Padang Regulation Number 27 of 2016. Therefore, a Joint Circular Letter was issued by the Minister of Home Affairs, Minister of Finance and Head of the Republic of Indonesia National Land Agency.
PENERAPAN SANKSI PIDANA TAMBAHAN PENGGANTIAN KERUGIAN KEUANGAN NEGARA PADA TINDAK PIDANA KORUPSI Lenny Sefyanda
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.65

Abstract

Additional criminal sanctions for compensation for state finances are regulated in Article 18 of Act Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The maximum payment of substitute money is the same as the property obtained from the crime of corruption, so to determine the amount of substitute money must be calculated in advance how much money the state has taken by the defendant for his personal interests. In practice, the provision has been applied by the Judge in the case of corruption in the procurement of clothing and sports shoes at the Payakumbuh City Education Office as in Decision Number 16 / Pid.Sus-TPK / 2015 / Pn.Pdg,
PENERAPAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA PERSETUBUHAN (Studi Putusan Nomor 3/Pid.Sus-Anak/2018/PN.Pmn dan Putusan Nomor 11/Pid.Sus-Anak/2018/PN.Pmn) Rahmani Endah Koesoemowardani
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.66

Abstract

The verification of this crime is often not carried out properly, because the child of the victim of sexual intercourse feels embarrassed and afraid of the perpetrators, which influences the judgment of the judge and the application of the law. The criminal application of the Pariaman District Court Number 3 / Pid. . Pmn and Number 11 / Pid. Sus-Anak / 2018 / PN.Pmn is the criminal application of children as perpetrators of sexual intercourse in decision Number 3 / Pid.sus anak / 2018 / PN Pmn and Number 11 / Pid. Sus- Anak / 2018 / PN Pmn, Based on the legal facts revealed in the trial fulfilled the elements contained in Article 81 paragraph (2) of Law Number 35 Year 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. Judicial legal considerations in imposing criminal sanctions on imprisonment against children are legal judicial considerations and social conditions of children and their environment.

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