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Labib Musthofa Kemal
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INDONESIA
Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
Core Subject : Health, Science, Education, Social,
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences
UNES Law Review adalah Jurnal Penelitian Hukum yang dikelola oleh Magister Hukum Pascasarjana, Universitas Ekasakti Padang. Penelitian yang dimuat merupakan pendapat pribadi peneliti dan bukan merupakan pendapat editor. Jurnal terbit secara berkala 4 (empat) kali dalam setahun yaitu September, Desember, Maret, dan Juni. UNES Law Review mulai Volume 4 Nomor 3 Tahun 2022 sampai Volume 9 Nomor 2 Tahun 2027 Reakreditasi Naik Peringkat dari Peringkat 5 ke Peringkat 4 sesuai nomor Akreditasi : 204/E/KPT/2022, 3 Oktober 2022 UNES Law Review is a Legal Research Journal managed by Postgraduate Law Masters, Ekasakti University, Padang. The published research is the personal opinion of the researcher and is not the opinion of the editor. The journal is published periodically 4 (four) times a year, namely September, December, March and June. UNES Law Review Volume 4 Number 3 of 2022 to Volume 9 Number 2 of 2027 Reaccreditation Raised Rank from Rank 5 to Rank 4 according to Accreditation number: 204/E/KPT/2022, 3 October 2022
Arjuna Subject : Umum - Umum
Articles 1,257 Documents
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PENGGUNAAN TINDAKAN TEMBAK DI TEMPAT TERHADAP PELAKU TERORISME OLEH DENSUS 88 DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH agus salem
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.20

Abstract

In recent years terrorism has become increasingly prevalent and shootings have often been carried out against terrorists against the police. In action against the perpetrators of theorism, Densus 88 often took action to place a shot. Such actions cause opposition to the principle of presumption of innocence. The specifications in this study are descriptive analytical. The results of the study are the rule of law which is the basis of the shooting in place against terrorists is Article 50 and 51 of the Criminal Code. The Chief of Police Regulation No. 1 of 2009 concerning the use of force in the Police Action is a number of basic principles on which firearms are used. Detachment 88 as the perpetrator of terrorism crackdown operations must pay attention to the principle of presumption of innocence by avoiding arbitrary actions and being outside the established procedures, both in law and other regulations.
PENERAPAN PIDANA TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN MENGGUNAKAN SENJATA API (Studi Putusan Nomor : 42/Pid.B/2016/PN.Swl dan Putusan Nomor : 43/Pid.B/2016/PN.Swl) Bevi Hendro; Iyah Faniyah; Adhi Wibowo
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.21

Abstract

Based on Article 363 paragraph (1) of the 4th Criminal Code, people who commit theft carried out by 2 persons together or more are threatened with a maximum imprisonment of 7 years. Therefore the Case of Crime of Theft with Violence using Firearms based on Decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. 1 (one) year and 10 (ten) months, charge the Defendant to pay a court fee of Rp. 5,000.00 (five thousand rupiah) and pay attention to Article 365 paragraph (2) of the 2nd Book of the Criminal Law. The specification of this research is descriptive analytical. While the approach method used is normative juridical. The data source used is secondary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the results of research and discussion, it can be concluded; First, the application of a criminal against a member of the National Police who commits a crime of theft with violence using firearms in the decision number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN.Swl are: Article 365 paragraph (2) of the 2nd Criminal Code, namely: "A maximum sentence of twelve years imprisonment, is imposed, (2nd) if the act is carried out by two people together or more", with the elements of criminal charges of the Prosecutor General, namely: Whose element of goods; Take something; Elements that are entirely or partially owned by others; Elements With the intention to be owned illegally; Elements That are carried out preceded by, accompanied by, or followed by violence or threats of violence, against a person with a view to preparing or facilitating theft, or in the event of being caught red-handed, to allow themselves to escape or other participants, or to retain possession of stolen property; Elements are carried out by 2 (two) people or more together. Secondly, the consideration of the judge in the application of the criminal to a member of the police who committed a crime of theft with violence using firearms in the decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. Swl are: juridical considerations: prosecutor's indictment, witness testimony, defendant's testimony, evidence. considerations that are non-juridical: the background of the defendant and the religion or belief held by the defendant, the physical and spiritual condition of the defendant, as a result of the defendant's actions
EFEKTIVITAS PENYIDIKAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN DI KABUPATEN SOLOK SELATAN (Studi pada Direktorat Reserse Kriminal Khusus Kepolisian Daerah Sumatera Barat) Darmadi Prapto Pamungkas
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.22

Abstract

Indonesia is the rich country of mine, such as gold, silver, petroleum, mine, etc. Management of mine should be done by government or private. Every mining company obligated to get license as regulated in the Regulation Number 4 Year 2009 about Mineral Mining Juncto the Government Regulation Number 23 Year 2010 about the Implementation of Mineral Mining. In fact, not all companies have license. There are so many companies operate illegal. One of them is gold mining without license (PETI). The specification of the research is descriptive analytic. The methods used are normative as primary approach and juridical empiric method as secondary approach. The sources of data are secondary and primary. The techniques of collecting data uses field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive qualitative form. From the research results obtained several conclusions: First, the effective of investigation gold mining without license by Directory of Reserve Special Criminal of West Sumatera Police based on the data got can be seen clearly effective because from 3 (three) cases all has been investigation and submitted to Court. Second, the obstacles faced by Directory of Reserve Special Criminal of West Sumatera Police in executing of gold mining without license (PETI) in South Solok Regency consist of: (a) no synergy in supporting the law enforcement together between instances and other because the agents of gold mining without license (PETI) are backed up by law enforcer, government until traditional viewers; and (b) limited tool such as no double garden cars or boat to reach field and no communication satellite which can be operated in the unreached location by phone signal.
TUMPAH TINDIH DALAM PROSES PERIZINAN KLINIK PRATAMA DI DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU KOTA PADANG Delfina Gusman; Marryo Borry WD
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.23

Abstract

Clinics are health care facilities that provide individual health services that provide basic medical and / or specialist services. Primary Clinic is a clinic that provides basic medical services both general and special. To establish primary clinics until they can operate through a series of licensing processes, namely the Hinder Ordonnantie (HO) Permit, Clinical Establishment Permit (IMK) and Clinical Operational Permit (IOK). The results of the process are overlapping or suggesting requirements that make the process ineffective and inefficient
PERLINDUNGAN HUKUM TERHADAP NASABAH BANK YANG DIRUGIKAN AKIBAT KEJAHATAN SKIMMING DITINJAU DARI PERSPEKTIF TEKNOLOGI INFORMASI DAN PERBANKAN Dian Ekawati
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.24

Abstract

The progress of the banking system cannot be separated from the role of information technology. In addition to facilitating the company's internal operations, technology tools also aim to facilitate service to bank customers. One side of Information Technology provides not a few benefits to improving services both public services and internal services. On the other hand Information Technology is used by people who are not responsible by committing acts that are against the law, which attacks various legal interests of the people, society, and the state. This study aims to get information about banking crimes that use the skimming method and about legal protection for customers who are victims of skimming crime. The research method is juridical normative, namely obtaining and combining and analyzing data obtained from books, articles and journals and related legislation. The results obtained are that crime skimming is an old mode of customer money burglary which is done by stealing customer data at the customer's ATM with skimmer techniques. Legal protection against customers who are harmed due to the crime of skimming can be carried out by criminal means, namely reporting to the police and the police's duty to arrest the perpetrators. Legal protection through civil law by way of the bank replacing the customer's money after clarifying the transaction against the customer's account
PERLINDUNGAN HUKUM TERHADAP DIREKSI YANG DIBERHENTIKAN TANPA MELALUI RAPAT UMUM PEMEGANG SAHAM (Studi Pada PT. Sumber Andalan Mandiri (SAM)) Ikhsan Lubis; Neneng Oktarina
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.25

Abstract

One of the most incorporated legal entities as a business entity by business people today is a Limited Liability Company. In practice the mechanism for the appointment, replacement, and dismissal of the Board of Directors is not always adhered to properly by the Company's organs. In the case of PT. SAM with Phiedi as Director of PT. SAM has permanently and permanently dismissed one member of the Board of Directors from his position as a director without going through the GMS. Legal facts, the existence of e-mail dated April 22 and 24 2014 which essentially contained the dismissal of the Directors of PT. SAM is permanent or permanent. This paper discusses several problem formulations, namely: 1) What is the legal protection of directors who are dismissed without going through a general meeting of shareholders according to the positive legal framework in Indonesia? 2) What is the legal effort made by the directors who are dismissed without going through a general meeting of shareholders? This research is a descriptive research. The approach used in this study is a normative juridical approach supported by an empirical juridical approach. The data used in this study are secondary data and primary data. Against all data and materials obtained from the results of the study will be compiled and analyzed qualitatively. The results of the study explain that legal protection against directors who are replaced by directors who are dismissed without going through the GMS then: 1) Each member of the board of directors is personally responsible for the loss of the company; 2) Personal responsibility is attached to the member of the board of commissioners if he is guilty or negligent in carrying out the duties of supervision or giving advice; 3) Although the loss arises from the management of the board of directors, the members of the board of commissioners remain personally responsible if in the supervision of the implementation of the management of the board of directors there is an element of error or negligence of the board of commissioners; and 4) The extent of personal responsibility of the members of the board of commissioners, limited to their mistakes or negligence, and fifth, if the members of the board of commissioners consist of 2 (two) or more, personal responsibility, is jointly responsible for each member of the board of commissioners. Legal efforts made by directors who are dismissed without going through a general meeting of shareholders, then upon dismissal of the Board of Directors without the GMS, the Commissioner must immediately convene an Extraordinary General Meeting of Shareholders to follow up on the temporary dismissal of the Board of Directors by the Board of Commissioners, then as soon as possible the Board of Commissioners calls the shareholders in the framework of the Extraordinary GMS to strengthen its decision. Considering that the Director is a majority shareholder, of course the ordinary GMS will not succeed because there is a quorum rule and the validation of the vote
WANPRESTASI PEMBAYARAN KLAIM ASURANSI JIWA AKIBAT KELALAIAN PENYERAHAN BERKAS OLEH MITRA PENANGGUNG SEBAGAI KOLEKTOR PENGAJUAN KLAIM (Studi Kasus Sertifikat Asuransi Polis Nomor 15.001673) Inawati Santini
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.26

Abstract

At this time many banks are incentive to lure consumer credit to consumers. In general, consumer loan interest rate is higher than productive credit, even there is a fixed rate. It seems that the fixed rate makes it easy to organize family finances, paying only monthly installments of the same amount, but if carefully calculated, the interest is much higher. Consumer Loan Protection with Insurance Policy Certificate 15.001673 is a life insurance product that guarantees repayment of the remaining amount of Loans and / or monthly loan installment of the Customer as Participant (Insured) to the Policyholder in case the Participant (the Insured) has a death risk or total temporary disability / Or total permanent disability. Although it is clear about the rights and obligations in the insurance agreement but the reality is very different because it turns out the insurer does not fulfill its obligations in the event of claim submission from the insured. Rejection of insurance claims may be made by the insurer under the pretext of submitting the file beyond the specified time limit. Issues to be studied further is how validation of denial of life insurance claim made by Jasindo in accordance with the insurance policy and existing legislation and whether Partner Error is can be classified as Wanprestasi payment of Insurance Claim for late in submission of policy file No: 15.001673. In conducting research, this research is normative law research that is research having object of study about rule or rule. The objective is to determine the validity of the refusal of insurance claims made by Jasindo in accordance with the existing insurance policies and regulations and to find out the Default Payment of Insurance Claims due to Delayed Submission by Marketing Party as Collector Submission of Claim on Insurance Certificate Number 15.001673
PERAN PEKERJA SOSIAL DALAM PENDAMPINGAN ANAK SEBAGAI SAKSI PADA PROSES PERADILAN PIDANA DI PENGADILAN NEGERI KLAS I A PADANG Lifiana Tanjung
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.27

Abstract

Professional Social Workers according to Article 1 paragraph (14) of Law Number 11 of 2012 on the Criminal Justice System of Children in the Class IA Court of Padang the child as a witness has been damping by social workers but in practice not all children who witnessed accompanied by social workers the. The problem discussed is how the role of Social Worker in Child assistant as Witness and constraint and optimization of social worker role in child assistance as witness to criminal justice process in Class Court of First Class A Padang Specification of this research is analytical descriptive research with sociological juridical approach. The data used are primary data and secondary data, The data obtained are analyzed qualitatively and presented in the form of analytical descriptive. Based on the research result, the role of social workers in assisting the child as witness in the judiciary is to make the child social report to be used as the guidance of the court hearing. Social workers should be able to make children express opinions and express themselves freely. Listen to the child's opinion of a criminal incident he / she has heard, seen and experienced by himself / herself. Social Workers should create an atmosphere of discussion that does not make children more cornered. The obstacles faced by social workers in their role as witness counselors are the limited number of social workers, scholarly backgrounds or non-supportive counselors, lack of cooperation network, time of implementation of assistance that is sometimes not in accordance with the plan, has no shelter for children so it should find a place of reference for the child. Optimizing the role of social workers in assisting children as witnesses is to equip judges on the understanding of social research
PENEGAKAN HUKUM TERHADAP PUNGUTAN LIAR PADA PENGUJIAN KENDARAAN BERMOTOR (PKB) DI DINAS PERHUBUNGAN KABUPATEN AGAM OLEH SATUAN TUGAS SAPU BERSIH PUNGUTAN LIAR Sudarman Sudarman
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.28

Abstract

All forms of unofficial levies that have no legal basis, such levies are named as illegal fees as stipulated in Presidential Regulation No. 87 of 2016. Illegal charges as a form of extortion crime should be prevented and eradicated because it has damaged the joints of life in society, nation and The eradication of illegal levies should be done in an integrated manner by involving Saber Pungli Task Force so as to manifest law enforcement against the perpetrator by giving severe sanction to cause deterrent effect. In practice, law enforcement against perpetrators is still not optimal because it still faces obstacles as happened in Agam District Transportation Department
PENERAPAN UNSUR TINDAK PIDANA KORUPSI PADA PELAKSANAAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN (Studi Putusan Perkara Nomor 6/Pid.Sus-TPK/2016/Pn.Pdg dan Nomor 07/Pid.Sus-TPK/2016/PN.Pdg) Zulkifli zulkifli; Fitriati Fitriati; ferdi ferdi
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.29

Abstract

In the law enforcement of corruption, there are at least 2 (two) articles that are often used to ensnare the defendant, namely Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 regarding the Amendment of Law Number 31 Year 1999 regarding Eradication of Corruption. In practice, the provision has been applied by the Judge in the decision of corruption case in the implementation of partnership program and environment development with the actors from the private sector, as the Manager of Lubuk Alung Regional IV branch PT. Sang Hyang Seri (Persero) is found guilty because it has been proven legally and convincingly committed a criminal act of corruption by misusing and using the. Community Development Program fund from PT. Angkasa Pura and PKBL funds from PT. Pertamina and PT. Bukit Asam

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