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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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Articles 11 Documents
Search results for , issue "Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)" : 11 Documents clear
SOLUSI POTRET PROBLEMATIKA MATERI MUATAN REGULASI DALAM PENANGANAN COVID-19DI INDONESIA Ahmad Sabirin; Febrian Duta Adhiyaksa; Janna Shafira Widianti Apcar
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.232

Abstract

The COVID-19 pandemic has had a tremendous impact, ranging from the economic crisis to public health, which is the government's focus in minimizing the impact of the Covid-19 pandemic. The type of research used in this research is juridical-normative. And the purpose of this research, namely; 1) describe the regulations issued by the Central and Regional Governments in dealing with the Covid-19 Pandemic, 2) and describe solutions to overcome regulatory problems issued by the Central and Regional Governments during the Covid-19 Pandemic. The government in issuing several regulations looks inconsistent, for example; the difference in the definition of PSBB as regulated in PP No. 21 of 2020 with that regulated in the Quarantine Law. Then, regarding the Instruction of the Minister of Home Affairs Number 15 of 2021 which is considered to have neglected the regulations above. Problems with existing regulations, the government needs to break the chain of spread of the Covid-19 pandemic with the product of regulations based on the Tiered Law Theory by Hans Nawiasky. This theory then when associated with problems in Indonesia can make Article 34 paragraph (3) of the 1945 Constitution and Law no. 6 concerning Health Quarantine is a reference for the government in formulating the rules under it, in matters relating to regulations during the Covid-19 pandemic so that it becomes a solution in overcoming the regulatory problems of handling the Covid-19 pandemic.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM BAGI PENGGUNA JASA PINJAMAN ONLINE ILEGAL DI INDONESIA Eko Pratama Sinaga; Abdurrakhman Alhakim
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.235

Abstract

Looking at the development of technology that is so fast and also used in all fields to provide convenience. This also includes electronic transactions on online loan applications (pinjol), given the current economic conditions that are not in a good condition due to Covid-19, many people choose loan applications to meet their needs without seeing the overall consequences of their actions. The case of a pinjol application that attacks the personal data of its users is of course a prohibited act because it is related to someone's personal data. This study aims to find out how the legal protection for illegal loan service users in Indonesia is and what are the obstacles to law enforcement in dealing with loan lending cases in Indonesia. This research uses normative legal research methods. And it is known that in Indonesia, about criminal law policies that can be used to punish debtors for their actions, they can use UUPK because of the position of borrowing users as consumers and use the ITE Law because transactions are carried out using electronic media. The obstacles that occur are the lack of experts in the field of electronics in law enforcement and also the ITE Law is not strong enough to ensnare borrowers.
KEAMANAN DATA PRIBADI DALAM SISTEM PEMBAYARAN E-WALLET TERHADAP ANCAMAN PENIPUAN DAN PENGELABUAN (CYBERCRIME) Surya Bodhi; David Tan
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.236

Abstract

E-wallet is a digital wallet that is used as a transaction tool in digital form, with the existence of an e-wallet the transaction process is faster and easier in this digitalization era because it only has to scan the QR code. However, behind the efficiency and benefits provided, of course there are risks arising from the use of this e-wallet such as the security of our personal data is threatened. The purpose of this study was to determine law enforcement against cybercrime on e-wallet and protection of personal data on e-wallet. The method used in this research is normative research. Based on the principle of legality of cyber crimes such as data theft has violated the ITE Law, therefore a person's personal data must be protected according to the Regulation of the Minister of Communication and Information and Bank Indonesia. According to Philipus M. Hadjon's theory of legal protection, to overcome legal problems such as data theft on e-wallet, preventive and repressive measures are needed.
ANALISIS YURIDIS PERSEROAN PERORANGAN DITINJAU DARI UNDANG-UNDANG CIPTA KERJA DAN UNDANG-UNDANG PERSEROAN TERBATAS Sylvia Putri; David Tan
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.239

Abstract

The current crisis situation, due to the Covid-19 pandemic, has caused the government to enact the Job Creation Law as an effort to advance the economy, in particular, micro and small businesses. The existence of the Job Creation Law expands the concept of a limited liability company with the recognition of a new legal entity, namely an individual company. The existence of an individual company gave birth to a number of contradictions in the basic concept of a limited liability company. This normative juridical research will discuss the regulation of micro and small business criteria based on the Job Creation Law and the limited liability company law as well as legal loopholes and proposed improvements. This study aims to determine the arrangements related to individual companies. The results of the study indicate that the legal basis for individual companies still has legal loopholes so that the government plays an important role in strengthening the regulation.
KEPASTIAN HUKUM BAGI PENANAM MODAL ASING SEHUBUNGAN DENGAN INKONSTITUSIONAL UNDANG-UNDANG CIPTA KERJA Ferdinand Jason; David Tan
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.240

Abstract

Foreign Investment or commonly referred to as PMA is an investment activity carried out by foreign investors with the aim of being able to expand business or business in a country territory. In this case, the Indonesian government is trying to improve the investment climate in Indonesia by presenting the Job Creation Law. The existence of the Employment Creation Law has created a number of contradictions with the laws and regulations. This normative juridical research will discuss legal certainty for foreign investment in relation to the constitutional work creation law. This study aims to determine the basis and reasons for the formal examination of the Job Creation Act in the Constitutional Court, as well as to determine legal certainty for PMA. The results of the study indicate that legal certainty for PMA is currently a problem, so that the government plays an important role in making policies that do not harm the parties.
IMPLIKASI PEMILIHAN KEPALA DAERAH SERENTAK SEBAGAI PERWUJUDAN DEMOKRASI PADA MASA PANDEMI COVID 19 DI KABUPATEN PESISIR SELATAN Aqri Febri Handra
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.241

Abstract

Simultaneous Pilkada in 2020 should be used as the beginning for quality democracy. The COVID-19 pandemic has caused several changes in the implementation of regional elections, in accordance with KPU Decree Number: 179/PL.02-kpt/01/KPU/III/2020 concerning Postponing the Stages of Elections for Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayor and Deputy Mayor in 2020 in Efforts to Prevent the Spread of Covid-19. These regulations, among others, regulate the postponement of the 2020 Pilkada stages in several parts, such as the inauguration and tenure of the Voting Committee (PPS), verification of the support requirements of individual candidates, the formation of a Voter Data Update Officer (PPDP) and the implementation of matching and research (coklit), as well as updating and preparation of voter lists. Analysis and discussion of the results obtained the following answers: (a) The implications of implementing simultaneous regional head elections as a manifestation of democracy during the Covid 19 pandemic in Pesisir Selatan Regency, namely increasing voter participation in the 2020 Pilkada compared to the 2015 Pilkada. The next implication is the emergence of disputes over the results of the vote in the election. (b) Obstacles in the implementation of simultaneous regional head elections as a manifestation of democracy during the Covid 19 pandemic in Pesisir Selatan Regency, namely the non-neutrality of the State Civil Apparatus in organizing the Pilkada by committing violations at several stages of the election
UPAYA PENCEGAHAN POTENSI TERJADINYA TINDAK PIDANA KORUPSI PADA PROSES PENERIMAAN CALON ANGGOTA POLRI MELALUI WHISTLEBLOWING SYSTEM (Studi Pada Biro Sumber Daya Manusia Polda Sumatera Barat) Eggy Saputra
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.242

Abstract

Professional recruitment of members of the National Police is a must as regulated in Perkap Number 10 of 2016 concerning the Admission of Candidates for Members of the Indonesian National Police. The National Police presents a whistleblowing system application in order to prevent the occurrence of criminal acts that occur in the process of accepting prospective members of the Police. Through the National Police Chief's Decree Number: Kep/274/11/2019 concerning Team Membership Structure and the Use of the Whistleblowing System Application for the Admission of Police Candidates, this is an internal effort made by the National Police in preventing the practice of irregularities both ethically by the Police and acts that are included in Corruption.
PERTIMBANGAN HAKIM TERHADAP KETERANGAN AHLI PADA TINDAK PIDANA KORUPSI PENGADAAN BARANG/JASA PEMERINTAH (Analisis Putusan Nomor : 2421k/Pid.Sus/2016 Dan Putusan Nomor : 32/Pid.Sus-Tpk/2016/Pn.Pdg) Agung Satria Putra
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.243

Abstract

The judge's consideration of the expert's statement from the LKPP RI on corruption in the Government Procurement of Goods/Services was used as the basis for making a decision in the form of punishment, which in Decision Number: 2421 K/PID.SUS/2016/PN/PDG the defendant as the Budget User has committed mistakes in classifying procurement packages that should be done separately but combined, determine the winner of the tender before the tender process is carried out. In the Decision Number: 32/Pid.Sus-TPK/2016/PN.Pdg in the opinion of the Expert it is a violation when the work is not completed, then the implementation guarantee cannot be realized/disbursed in accordance with what is stipulated in Article 3 Paragraph (1) letter f and Paragraph (2) letters b, e, f, g and h of Perka LKPP Number 7 of 2011 concerning Technical Guidelines for Black List Operations. This LKPP Expert's consideration is used as the basis by the Judge in his decision. The application of the punishment in Decision Number: 2421K/PID.SUS/2016 is to declare the defendant guilty for fulfilling the elements of Article 3 of the Corruption Crime Act. Sentenced to a sentence of 2 years 6 months in prison, and a fine of Rp. 50,000,000. The Decision Number: 32/Pid.Sus-TPK/2016/PN.Pdg states that the defendant is proven guilty of abusing his authority on the joint procurement of government goods and services as regulated in Article 3 of the Anti-Corruption Law and is sentenced to imprisonment for 1 (one) year. ) years and a fine of Rp. 50,000,000.00 (fifty million rupiahs) provided that if the fine is not paid, it will be replaced with imprisonment for 1 (one) month. This penalty is lighter than the decision in Decision Number: 2421K/PID.SUS/2016 due to the consideration of the defendant's ignorance of several provisions for the procurement of government goods and services.
PENEGAKAN KODE ETIK DAN DISIPLIN TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA OLEH SEKSI PROFESI DAN PENGAMANAN (Studi Pada Seksi Profesi dan Pengamanan Polres Pasaman Barat) Keling Dapit
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.245

Abstract

The Police Code of Ethics and Discipline is a guideline how to act and the behavior of Polri personnel as stated in Article 18 paragraph (2) of Law Number 2 of 2002 concerning the Indonesian National Police. In its implementation, it is undeniable that there has been wrong behavior by members of the National Police, so it is necessary to enforce a code of ethics and discipline by the Provos Unit at the Polres level as regulated in Article 12 paragraph (2) of Perkap Number 2 of 2021 concerning Organizational Structure and Work Procedures at the Resort Police Level. And the Sector Police. This is because the behavior of violating the code of ethics and discipline carried out by members of the National Police in addition to having an impact on the internal police also affects public trust. the enforcement of the code of ethics and discipline against members of the police who commit criminal acts by the profession and security section is carried out after completing the criminal justice process, by holding a KEPP trial to determine sanctions for suspected violators including forms of criminal acts committed related to the subsequent membership status of the Police. the obstacles in enforcing the code of ethics and discipline by the professional section and securing the members of the National Police who commit criminal acts include internal obstacles, namely if PTDH is carried out there will be a shortage of personnel at the West Pasaman Police. Furthermore, the external constraint is that if PTDH is not carried out, it will adversely affect public trust in the Polri institution. the efforts of the profession and security section in overcoming obstacles to enforcement of the code of ethics and discipline against members of the police who commit criminal acts are in imposing sanctions on suspected violators being given the opportunity to remain as members of the National Police and monitoring by the Provos Unit in order to foster suspected violators to comply with the disciplinary regulations of members. Polri as stipulated in Government Regulation Number 2 of 2003 concerning Disciplinary Regulations for Members of the Indonesian National Police.
PENERAPAN KLAUSULA BAKU PADA PRASYARAT JUAL BELI JUNK FOOD DITINJAU DARI HUKUM BISNIS Fiona Vivian; Winda Fitri
UNES Law Review Vol 4 No 3 (2022): UNES LAW REVIEW (Maret 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.248

Abstract

The phenomenon of junk food is growing rapidly at this time. Although most junk food ultimately harms the health of consumers, buying and selling junk food is not illegal. As a general rule, both the seller and the buyer are free to determine the type, content and form of the contract. However, the existence of standard clauses as a means to facilitate sales transactions between producers and consumers has proven to be widely misused by sellers with standard clauses that are detrimental to consumers, such as "for take away food, an additional fee in the form of a takeaway charge is imposed." The application of the standard clause makes the seller has a stronger position and cause losses for the buyer. This type of research is normative legal research. The results show that basically the standard clause is not prohibited, as long as there are no elements that harm other parties. Provisions for the inclusion of standard clauses are regulated in Article 18 of the UU PERLINDUNGAN KONSUMEN. The advantage of using standard clauses in junk food agreements is that it gives consumers the benefits of time efficiency and equal service, but the disadvantage is that consumers do not have the opportunity to negotiate and decide on the contents of the contract, leaving only the choice of accept or leave. As a result, consumers become vulnerable, there is an imbalance of rights and obligations between economic actors and consumers, and consumers are more disadvantaged.

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