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Unes Law Review
Published by Universitas Ekasakti
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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 3 (2020): UNES LAW REVIEW (Maret 2020)" : 10 Documents clear
IMPLEMENTASI FUNGSI STATISTIK KRIMINAL DALAM PENANGGULANGAN TINDAK PIDANA DI KOTA PADANG Edryan Wiguna
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.117

Abstract

The compilation of criminal statistics must be used for decision making in dealing with crime. This research is a legal research with analytical descriptive specifications. The approach used is the Normative Juridical approach supported by empirical juridical. The urgency of compiling criminal statistics by the Padang Satreskrim Polres is to provide an overview / data about existing crime in the community, such as the number, frequency and distribution of the perpetrators and their crimes. The technique of compiling criminal statistics by Padang Police is to present the first data. The handling of criminal offenses by using criminal statistics is done by the Satreskrim Padang Police by applying two methods, namely a method to reduce repetition of crime and a method to prevent the first crime, which is a way aimed at preventing the occurrence of the first crime (the first crime) to be committed by someone and this method is also known as prevention (preventive) method.
PELAKSANAAN PEMBINAAN DAN PENGAWASAN  TERHADAP PEJABAT PEMBUAT AKTA TANAH DALAM PENDAFTARAN HAK ATAS TANAH DI KOTA PAYAKUMBUH Eka Marwahyuni Wira
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.118

Abstract

Land Deed Making Officials (hereinafter referred to as PPAT) are general officials who assist the National Land Agency to carry out some of the land registration activities. Article 1 number 1 Government Regulation No. 37 of 1998 concerning Regulations of Position of the Acting Officer for Land Deed states that the PPAT is authorized to make authentic deeds concerning certain legal actions regarding land rights or Ownership Rights in Flats. In carrying out his position PPAT is required to be thorough, careful, orderly and understand the regulations relating to land. In practice, PPAT in carrying out its duties and authorities often makes mistakes both administratively and legally. The results of research and analysis show that the implementation of guidance and supervision of the PPAT in the registration of land rights in Payakumbuh City, carried out by the National Land Agency through the socialization of regulations relating to the PPAT-n, making the deed, making monthly reports, checking the list of books deed, examination of the results of the binding of the deed and examination of evidence of sending the deed The obstacles in the guidance and supervision of PPAT in Payakumbuh City are that there are no operational standards to carry out guidance and supervision of PPAT, lack of Human Resources (HR) / employees, both in terms of quality and quantity of employees, and the unavailability of the budget for the implementation of coaching and supervision of PPAT in the DIPA (List of Budget Implementers) of the Payakumbuh City Land Office.
UPAYA JAKSA SELAKU EKSEKUTOR DALAM EKSEKUSI PUTUSAN PIDANA TAMBAHAN PENGEMBALIAN KERUGIAN KEUANGAN NEGARA AKIBAT TINDAK PIDANA KORUPSI ( Studi Pada Kejaksaan Tinggi Sumatera Barat ) Hafri Sundhana
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.119

Abstract

The Prosecutor as a position granted by the law to execute the decision of a judge who already has permanent legal force is regulated in Article 1 (one) Item 1 (one) of Law Number 16 Year 2004 concerning the Attorney General of the Republic of Indonesia. Although the Prosecutor has attempted to save state finances by taking a number of legal actions in the form of payment of an amount of replacement money, in reality the state financial losses have not been returned to the quantity that should be or can be said to have not even the slightest amount of state financial losses successfully returned by the Executing Prosecutor. The issues raised in this thesis are: First, how is the effort of the prosecutor as the executor in executing additional criminal decisions to recover state financial losses due to criminal acts of corruption at the West Sumatra High Prosecutor's Office? Second, whether the legal consequences of the execution of the Additional Criminal Decision refund of State Financial Losses that have not been successfully carried out by the Prosecutor's Executor. Data sources used are secondary data and primary data. The data obtained were analyzed qualitatively and presented in a descriptive qualitative form. Based on the results of the discussion and analysis, it can be concluded as follows: First, the efforts made by the Executing Prosecutor in returning state financial losses due to corruption, include: (1) Making Declaration of payment of replacement money; (2) Tracing assets back; Second, the legal consequences of the execution of additional criminal decisions were not successfully carried out by the Executing Prosecutor, among others: (1) Submitting the case to the Datun section (Civil and State Administration) carried out in a civil suit through the State Attorney Attorney, and; (2) To serve a subsidair sentence in accordance with the content of a judge's decision that has permanent legal force.
PENERAPAN UNSUR PERMUFAKATAN JAHAT PADA PENYIDIKAN TINDAK PIDANA NARKOTIKA (Studi Pada Satres Narkoba Polresta Padang) Herit Syah
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.120

Abstract

Bad conspiracy in Law Number 35 Year 2009 concerning Narcotics can be seen in Article 1 number 18 and Article 132 Paragraph (1) Investigation of conspiracy in narcotics crime requires evidence that shows an agreement. This research is a legal research with analytical descriptive specifications. The application of the element of bad consensus in the investigation of narcotics crime by investigators of the Padang Police Narcotics Investigation is to collect evidence so that it meets the elements of the existence of a trial / consensus, to commit narcotics crime as in the case with Police Report No. Pol: LP / 17 / IX / A / 2019 / Ta, October 27, 2018. Obstacles and Efforts to Overcome It in the Application of Criminal Consensus Elements in Narcotics Crimes by Investigators at the Narcotics of Padang Police Narcotics is the lack of equipment needed, the limited operational costs of the process investigation, it is difficult to get informants / espionage.
PERKEMBANGAN PERBANKAN SYARIAH DI INDONESIA Andrew Shandy Utama
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.121

Abstract

Bank syariah adalah bank yang menjalankan kegiatan usahanya berdasarkan prinsip-prinsip hukum Islam dalam kegiatan perbankan berdasarkan fatwa yang dikeluarkan oleh Dewan Syariah Nasional Majelis Ulama Indonesia. Penelitian ini bertujuan untuk menjelaskan perkembangan perbankan syariah di Indonesia. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan. Hasil dari penelitian ini adalah bahwa prakarsa mengenai pendirian bank syariah di Indonesia mulai dilakukan sejak tahun 1990 oleh Majelis Ulama Indonesia, yang diwujudkan dengan berdirinya Bank Muamalat Indonesia pada tanggal 1 November 1991. Perkembangan awal perbankan syariah dalam sistem perbankan nasional direspon dengan cepat oleh pemerintah dengan disahkannya Undang-Undang Nomor 7 Tahun 1992 tentang Perbankan, yang kemudian diubah dengan Undang-Undang Nomor 10 Tahun 1998. Selain menjadi kehancuran bagi sistem perbankan nasional, krisis ekonomi yang terjadi tahun 1998 juga menjadi titik tolak perkembangan perbankan syariah di Indonesia. Beberapa bank konvensional mulai mengembangkan usahanya dengan mendirikan bank syariah. Merespon perkembangan perbankan syariah yang signifikan dalam sistem perbankan nasional, maka pada tanggal 16 Juli 2008 disahkan Undang-Undang Nomor 21 Tahun 2008 tentang Perbankan Syariah sebagai landasan hukum tersendiri bagi bank syariah di Indonesia.
JAMINAN FIDUSIA YANG DIJADIKAN JAMINAN KEMBALI DENGAN TIDAK MELAKUKAN PENGHAPUSAN FIDUSIA MENURUT PRESPEKTIF HUKUM DI INDONESIA Rinal Efries Situmeang; Irene Svinarky; Lisa Simamora
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.122

Abstract

Fiduciary is shift that did by fiduciary owner to fiduciary receiver, while for up object ability that present on object owner. Number law 42 Years 1999 about Fiduciary Surety or more recognized with UUJF is attributed to make and gives protection of the parties so fiduciary transactions to the fore also expected to qualify law on fiduciary. Fiduciary will erase if object that made by indemnity being paid off by its loan, while is fiduciary was placed to an object really being prohibited for fiduciary giver for vouch in as indemnity is back but a long cry intention of Section 17 UUJF with Section 23 sentences (2) UU JF . In Section 23 sentences (2 ) bear out one of rule it that object that becomes fiduciary indemnity can be shifted if get agreement in writing of fiduciary receiver but variably its thing with what does he meant on Section 25 sentences (1) UUJH. Section 25 sentences (1) UUJH where terminological its formulation that fiduciary indemnity delete because of that fiduciary indemnity is alone was demolish; then indemnity that is used for fiduciary was end its book debt; then fiduciary giver to fiduciary receiver; rights release on fiduciary indemnity by fiduciary receiver; and if goods that becomes fiduciary indemnity disappear therefore fiduciary will erase. Observational type that is used in this research is jurisdictional observational type normative. Fiduciary indemnity terminological UUJF bases Section 17 be borne out that: Information hits indemnity object as object that stills in fiduciary indemnity and still enrolled therefore fiduciary giver is prohibited to do fiduciary and Section 17 not if fiduciary receiver accept therefore get to make that indemnity as back indemnity without ask for fiduciary indemnity deletions as royal. To the effect to list that fiduciary back as surety of giving afters fiduciary fiduciary pays off that goods is subject to be not remove prefentif's rights divides fiduciary receiver.
PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN PEMBEBANAN JAMINAN FIDUSIA Subadra Yani
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.124

Abstract

Consumer financing is financing activities for the procurement of goods based on consumer needs with installment payments regulated in Article 1 number 7 of Presidential Regulation No. 9 of 2009 concerning Financing Institutions. To reduce losses if debtors default, the financing of motor vehicle consumers is charged with fiduciary guarantees regulated in Law Number 42 of 1999 concerning Fiduciary guarantees. In practice, the implementation of consumer financing for motor vehicles often results in problems that harm the debtor (consumer) especially when the acquisition of fiduciary collateral items if the debtor (consumer). therefore it is necessary to conduct research on how the legal protection of debtors in consumer financing agreements with the imposition of fiduciary guarantees. The data used are secondary supporting data collected through library studies and primary data as supporting data conducted through field studies using interview techniques. The results of the study found that: legal protection for debtors in consumer financing agreements with the imposition of fiduciary guarantees has been regulated in several relevant laws and regulations, namely the Consumer Protection Act, the Fiduciary Guarantee Act, the Financial Services Authority Act and the implementing regulations. If a consumer is harmed by a finance company, the debtor (consumer) can sue the finance company because of an unlawful act and may even ask for a criminal act.
PENGGUNAAN CCTV (CLOSED CIRCUIT TELEVISION) SEBAGAI ALAT BUKTI PETUNJUK DALAM MENGUNGKAP TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR (Studi Pada Satreskrim Polres Sawahlunto) Ardiansyah Rolindo Saputra
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.125

Abstract

The position of CCTV according to the ITE and RKUHAP Laws is a legitimate evidence, whereas according to the Criminal Procedure Code the position of CCTV is evidence but there is an expansion in the ITE Law article 5 paragraph (2) which states that electronic information or electronic documents or printouts are extensions of evidence which is valid in accordance with the applicable Procedural Law in Indonesia and the position of CCTV in proving a common crime in the trial is evidence, because the KUHAP does not regulate the position of CCTV as evidence. One of the facilities for using CCTV is the disclosure of criminal acts of motor vehicle theft which are very prevalent in the jurisdiction of the Sawahlunto Regional Police Station. This research is a descriptive analytical study. Adapaun the results of research into motor vehicle theft at the Sawahlunto police Satreskrim, there were 264 cases of theft of motorized vehicles that were revealed and recorded through CCTV from 509 criminal acts of motor vehicle theft that were reported at the Satal Police Headquarters in Sawalunto. The use of CCTV helps investigators to uncover who is the perpetrator of the crime of motor vehicle theft with the help of IT experts who understand CCTV. The elements that meet CCTV as evidence are Article 184 paragraph 1 of the Criminal Procedure Code, CCTV footage can be used as evidence of expansion (which is also strengthened by the Constitutional Court Decision No. 20 / PUU-XIV / 2016 dated September 7, 2016 and Article 5 of the Law ITE) so that CCTV footage can be used as a panel of judges as a guide to ensure the existence of a criminal act. Second, the constraints faced by Sawahlunto District Police Satreskrim investigators in using CCTV as evidence to reveal the crime of motor vehicle theft are maintaining CCTV in the original state, because after data from CCTV was taken, the video was not clearly visible when playing and brought CCTV experts nor can it be fast.
LEMBAGA DEPONERING SEBAGAI IMPLEMENTASI ASAS OPORTUNITAS PERKARA PIDANA DI INDONESIA Gema Yudha
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.126

Abstract

Deponering or exclusion of a criminal case for the sake of interest is the authority of the Attorney General of the Republic of Indonesia in accordance with the provisions contained in Article 35 sub c of Law No. 16 of 2004 concerning the Basic Provisions of the Attorney General's Office of the Republic of Indonesia, as well as their explanations. Leaving aside the case as referred to in this provision is the implementation of the principle of opportunity in which a case (criminal act) when it is submitted to a trial is expected to cause a shock in the community or by trial the case will have a negative effect on the wider community, as happened in the case of Bibit Samad Rianto and Chandra M. Hamzah that occurred in 2009 until 2011. The problem studied was about the position of deponering institutions as the implementation of the principle of opportunity by the Attorney General and what were the reasons for the Attorney General to decide on deponering of Bibit Samad Rianto and Chandra M. Hamzah cases? This research is supported by primary data secondary data in the form of interviews with the parties in the Center for Research and Development of the Attorney General's Law. From the results of research and analysis obtained that the existence of deponering institutions as the implementation of the principle of opportunity by the Attorney General is a prosecution must be done if formal requirements have been met and must also be deemed necessary in the public interest, so that the prosecutor will not demand a case before the elements of public interest has been fulfilled. And the reason the Attorney General decided to deponering the Bibit Samad Rianto and Chandra M. Hamzah case was based on the consideration that if the case in the name of the suspects Bibit Samad Rianto and Chandra M. Hamzah was transferred to the court, it would have the effect of disturbing the performance of the Corruption Eradication Commission (KPK). as well as managerial in carrying out their duties and authorities, so as to prejudice the public interest, namely the interests of the nation, state or society and also in order to protect efforts to eradicate corruption as a whole.
IMPLEMENTASI PENYAMPAIAN SURAT PEMBERITAHUAN PERKEMBANGAN HASIL PENYIDIKAN (SP2HP) OLEH SATRESKRIM KEPOLISIAN RESOR AGAM Irfan Leo Dinata
UNES Law Review Vol 2 No 3 (2020): UNES LAW REVIEW (Maret 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i3.127

Abstract

At the Agam police station the community often feels dissatisfied and reacts to the conduct of investigations conducted by the police because they are considered not transparent and their right to know the progress of the investigation is not fulfilled by the investigator. The implementation of providing information on the progress of the investigation by investigators to the Agres Polres Satreskrim was carried out by giving a notification letter on the Progress of Investigation Results (SP2HP). Identification of problems in public services carried out at Agam District Police, especially Reskrim SP2HP is still written, so the reporter (community) must come directly to Agam Police to find out the follow-up of the investigation conducted by Sat Reskrim and requires a long time. Constraints faced by investigators in the delivery of SP2HP are still weak knowledge of Investigators and Investigators regarding the usefulness of SP2HP publishing and the limited ability of personnel to prepare plans for investigation and investigation of criminal acts in accordance with the SOP of Investigation and Investigation. Support for Facilities and Infrastructures at Agam Police Station is inadequate to conduct investigations and investigations into criminal acts.

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