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Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : -
Core Subject : Social,
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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PEMBATALAN SERTIPIKAT HAK MILIK OLEH KANTOR PERTANAHAN BERDASARKAN PUTUSAN PENGADILAN YANG TELAH BERKEKUATAN HUKUM TETAP DALAM PERKARA NOMOR:17/PDT.G/2009.PN.LB.BS Roni Roni; Zainul Daulay; Beatrix Benni
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.137

Abstract

One of the objectives of land registration is to provide legal certainty for land rights holders. Therefore, in order to make this happen, regulations regarding land registration are made, one of which is Article 32 paragraph (2) PP Number 24 of 1997. However, in reality there are still problems in terms of ownership of a parcel of land associated with this article, namely against a plot of land which has been controlled by a legal subject for years and has been equipped with a certificate. There are still outsiders demanding rights to the land with respect to the land. Until now, Article 32 paragraph (2) Government Regulation Number 24 Year 1997, which should have been a solution to the above problems, still creates differences. Given the existence of this article is not in accordance with the negative publication system adopted by land registration in Indonesia, where a certificate is not an absolute evidence, but a certificate is strong evidence.
PENYELESAIAN SENGKETA AKIBAT KEADAAN MEMAKSA (FORCE MAJEURE) PADA PERJANJIAN KEPEMILIKAN RUMAH ANTARA PENGEMBANG DENGAN KONSUMENNYA (Studi Pada PT. Revalindo Cipta Mandiri) Wan Sugarman
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.141

Abstract

As stipulated in Law Number 1 of 2011 concerning Housing and Settlement Areas, the state is responsible for protecting the entire Indonesian nation through the implementation of housing and settlement areas so that people, especially low-income people, can live and inhabit decent and affordable houses inside. a healthy, safe, harmonious and sustainable environment throughout Indonesia. In order to fulfill the housing administration, the government also expects community self-sufficiency through developer companies. This research is a descriptive analytical study, with a normative juridical approach as the main approach and empirical juridical as a support. The data used are secondary data and primary data collected through library research and field studies with interview techniques. The analysis was carried out qualitatively and presented in a qualitative descriptive form. Based on the results of the research that has been analyzed, it can be concluded that, first, the developer will attempt to resolve disputes with consumers caused by force majeure by means of peaceful negotiations. Second, before the peace negotiations are carried out, the developer will prepare a negotiation strategy such as taking inventory of potential disputes. Third, prepare a dispute resolution mechanism so that it is hoped that it can be resolved peacefully and amicably. Fourth, the developer of PT. Revalindo Cipta Mandiri will continue to build the Griya Dwitama Housing which was abandoned due to the earthquake, because the developer has spent little capital to start the housing development.
TINJAUAN KRIMINOLOGI TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUM POLRES 50 KOTA Besse Patmawanti; Kiki Yulianda
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.142

Abstract

This study examines the Criminology Review of Narcotics Offenses committed by Children in the Legal Area of ​​the 50 City Police. This research is descriptive research. The approach method used in this research is a normative juridical approach as the main approach supported by an empirical juridical approach, using secondary and primary data collected through literature and field studies with data collection techniques through interviews and documentation. The results showed that: 1) by the children in the Legal Area of ​​the 50 City Police, first the factor of lack of parental attention, and feeling isolated so that they fall into narcotics. The second is the environmental factor in which to live and hang out in the community. The third is the factor of curiosity and trial and error that causes this crime of narcotics abuse to occur. Fourth is the factor of education which causes a lack of understanding of the dangers of drugs. 2) The efforts made by the 50 City Police to tackle the Narcotics Crime committed by children, which are divided into 2 efforts, namely Preventive Efforts, which are efforts made by the 50 City Police and carried out before the narcotics crime occurs in the form of campaigns, counseling, socialization. , family approaches, and dissemination of knowledge about the dangers of drugs. Meanwhile, the Repressive Effort is to take action in the form of investigations within the scope of schools and colleges in order to monitor drug trafficking among adolescents.
PENYELESAIAN TUNGGAKAN REKENING AIR PERUSAHAAN DAERAH AIR MINUM (PDAM) KOTA PADANG OLEH JAKSA SELAKU PENGACARA NEGARA (Studi pada Kejaksaan Negeri Padang) Depi Hartato
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.143

Abstract

This research examines the implementation of the Settlement of Water Account Arrears at the Padang City Water Company (PDAM) by the Prosecutor as State Lawyer (Study at the Padang State Prosecutor's Office). This research is a descriptive analytical study. The approach method used in this research is juridical normative with an empirical approach, using secondary and primary data collected through literature and field studies with data collection techniques through interviews and documentation. The results showed that: PDAM has billed but not getting the maximum results, Kejari Padang is experienced in helping to settle arrears for customers of PT Permodalan Nasional Madani (Persero) Tbk and PDAM continues to cooperate with Kejari Padang. Second, the settlement of water account arrears for PDAM Kota Padang customers by the Prosecutor as the State Attorney is that the PDAM contacts the Padang Prosecutor's Office and coordinates regarding the material of the problem so that JPN digs up the problem, if it enters the civil realm then the PDAM makes a Special Power of Attorney as the basis for JPN to call customers who are in default, Some customers who have been summoned have paid in full and some have paid in installments (made a full payment statement), if the agreement cannot be reached, JPN will make a report to the leadership and the leadership to report to the PDAM that the resolution of the problem can be done through a litigation process.
PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota) Donald Andrean
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.144

Abstract

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.
TINJAUAN PERISTIWA CYBER CRIME YANG TERJADI PADA TAHUN 2019 DI KOTA SAWAHLUNTO Yumelfi Futra
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.145

Abstract

Cyber ​​Crimeis a form of virtual crime by utilizing computer which connected to the internet network, and exploiting other devices or computers that is connected to the internet. Cybercrime was previously regulated in the regulation Number 36 Year 1999 concerning Telecommunications, however this regulation has not been able to accommodate virtual and computer crimes. To anticipate the development of information technology, regulation Number 19 Year 2016 concerning Amendments to regulation Number 11 of 2008 concerning Electronic Information and Transactions was issued. In Sawahlunto City in 2019, several cyber-crime incidents were found, such as online extortion, fraud through online , and theft of Wi-Fi wireless streams, therefore a research was conducted on how the cyber-crime events that occurred in Sawahlunto City in 2019 , regulations governing cyber, the causes and obstacles in handling the cyber-crime. The data used are secondary supporting data collected through library research and primary data as supporting data which is carried out through field studies with interview techniques. The results showed that: the discovery of cyber-crimes that occurred in Sawahlunto City in 2019 such as online extortion, online fraud and theft of Wi-Fi wireless streams, knowing the regulations on cyber-crime, namely the ITE Regulation and knowing the factors and obstacles in handling cyber-crimes that occurred in the City Sawahlunto in 2019.
PENGATURAN DALAM UNDANG-UNDANG HAK POLITIK MANTAN TERPIDANA KASUS TINDAK PIDANA KORUPSI SEBAGAI CALON ANGGOTA LEGISLATIF PADA PEMILIHAN UMUM TAHUN 2019 Hamidi Hamidi
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.147

Abstract

General election is a means of democracy that is used to elect people's representatives to sit as legislative members in the MPR, DPR, DPD and DPRD. The election was conducted in accordance with Article 2 paragraph (1) of the 1945 Constitution. The 2019 election was also attended by former convicted corruption cases. This is in accordance with PKPU rules Number 20 of 2018. With this decision, an extra-judicial polemic arises which is appropriate and important to be studied more specifically and academically. The formulation of the problem in this research is, How to regulate the political rights of former convicted corruption cases as legislative candidates in the 2019 general election? What are the implications of regulating the political rights of former convicts of corruption as a candidate for legislative members in the 2019 General Elections on Human Rights? The specification of this research is normative juridical research, which is a form of research that aims to describe the applicable laws and regulations, linked to legal theories and practice of positive law enforcement, which will later be linked to the problems examined in this scientific paper. Based on the results of the analysis, answers can be obtained: 1) The Political Rights Regulation of Former Convicted Corruption Crime Cases as Legislative Candidates in the General Election Year contradicts a higher law because based on the mandate of article 4 paragraph (3) Number 20 of 2018 concerning Election Commission Regulations General as well as article 240 paragraph (1) letter (g) of Law Number 7 of 2017 concerning General Elections. Article 28 letter d of the 1945 Constitution of the Republic of Indonesia. 2) Implications of regulating the political rights of former convicted corruption cases as candidates for legislative members in the 2019 general election against human rights, revocation of political rights for convicted corruption cases by human rights law activists (HAM) is of the view that deprivation of political rights is a violation of human rights. This is still debatable, because every sentence is basically a violation of human rights, but the violation is allowed, as long as it is based on the law.
PENERAPAN PIDANA OLEH HAKIM TERHADAP PELAKU TINDAK PIDANA PEMBAKARAN HUTAN (ANALISIS PUTUSAN NOMOR : 159/PID.B/LH/2018/PN.MRB DAN PUTUSAN NOMOR : 201/PID.B/LH/2017/PN.MRB) Zulfanur Fitri
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.148

Abstract

Forests are an invaluable asset of the nation and state. The state based on its authority has made several legal products to protect forests from human actions. As happened in the jurisdiction of the Muaro Bungo District Court who has imposed a criminal offense against the perpetrators of forest fires in the ruling No.159 / Pid.B / LH / 2018 / PN.Mrb. and Decision No.201 / Pid.B / LH / 2017 / PN.Mrb. The problems to be studied are how the application of criminal sanctions, and Judges considerations in issuing criminal decisions against perpetrators of forest fires. The approach used is a normative approach. The data used are secondary data. The data used is only secondary data. The technique of data collection is through library research and document study in the form of Judge's Decree No.159 / Pid.B / LH / 2018 /PN.Mrb and Judge's Decree No. 201 / Pid.B / LH / 2017 / PN.Mrb. The data is then analyzed normatively and presented in a descriptive qualitative form. The results of the study showed that: First, the application of punishment by the judge in the decision No.159 / Pid.B / LH / 2018 / PN.Mrb. and Decision No.201 / Pid.B / LH / 2017 / PN.Mrb. that Article 56 Paragraph (1) in conjunction with Article 108 of Law Number 39 Year 2014 concerning Plantation in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. Second, the judge's consideration in making a decision No.159 / Pid.B / LH / 2018 / PN.Mrb. and Decision No.201 / Pid.B / LH / 2017 / PN.Mrb. are: considerations of a juridical nature indictment, witness testimony, defendant's letter, evidence, non-juridical considerations: the defendant's physical and spiritual condition, as a result of the defendant's actions.
ANALISIS KRIMINOLOGI TINGGINYA ANGKA KECELAKAAN LALULINTAS DI WILAYAH HUKUM POLRES PESISIR SELATAN Muhammad Rafki
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.149

Abstract

On the South Coast there is an increasing number of accidents every year. The criminological factor of the high number of traffic accidents in the Legal Area of the Pesisir Selatan Police is a factor of road conditions because Pesisir Selatan Regency has a geographical condition as a hilly plateau and is located along the southern coast of Sumatra. Another factor for community domesticated livestock is cows that are allowed to roam around without a leash. Efforts to Overcome Traffic Accidents in the Legal Area of the Pesisir Selatan District Police are carried out with several aspects, namely the engineering aspects of road maintenance and infrastructure, installation of markers, installation of warning lights (flip flop lights), installation of signs, and speed restrictions. The education aspect is carried out by improving motorist behavior, through appeals and training. Externally the obstacle faced is the lack of cooperation between the traffic police and other agencies related to traffic such as the transportation department and the nagari administration. The low level of legal awareness of road users in carrying out their work, namely driving their vehicles in accordance with good and correct driving operational standards, is often not applied by violating traffic regulations.
PENGARUH SUMBER DAYA MANUSIA PENYIDIK TERHADAP KEBERHASILAN PENYIDIKAN (Studi Pada Satreskrim Polres Dharmasraya) Ardhy Zul Hasbih Nasution
UNES Law Review Vol 3 No 1 (2020): UNES LAW REVIEW (September 2020)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i1.150

Abstract

The human resource capacity of the Satreskrim Polres Dharmasraya is still lacking due to the large number of criminal cases handled. The Influence of Human Resources of Investigators on the Success of Investigations at the Satreskrim at the Dharmasraya Police is the success of an investigation which is determined by whether or not an investigation is conducted. This influence can be measured by several criteria, namely the educational and vocational background (dikjur) of the investigators, at the Satreskrim of the Dharmasraya Police, investigators and assistant investigators who have participated in Dikjur in the field of criminal investigation or supporting the field of criminal investigation are 11 people during 2018. The number of investigators and assistant investigators is 34 people at the Satreskrim Polres Dharmasraya, so only 38 percent have a background in the field of Education and Culture in the field of criminal investigation or supporting in the field of criminal investigation. Experience conducting investigations. The efforts made and the obstacles faced by the Satreskrim of the Dharmasraya Police to fulfill the human resources of investigators was to increase the capacity of the Police Investigators so that they were able to understand and master laws / legal regulations. This can be pursued through improving education for members of the Satreskrim Polres Dharmasraya both formal and material education.

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