Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045
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.
Articles 30 Documents
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS INFORMASI IKLAN PERUMAHAN YANG MENYESATKAN DALAM PERJANJIAN KEPEMILIKAN RUMAH PADA PT. BANGUN PERSADA SEJAHTERA

Setiawan, Budi

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (280.161 KB) | DOI: 10.31933/law.v1i1.1

Abstract

Nowadays the needs of the house are difficult to obtain, although the government is always active and strives to carry out housing development. In the midst of the limited ability of the government, has led to business opportunities to meet the needs of community housing, commonly referred to as developers. Developers in providing homes often do not provide clear information relating to the specification conditions of the house to the consumer. The problems discussed in this thesis writing is, first how the form of legal protection of the consumer for misleading housing ad information? Second, how is the business actor's responsibility for misleading home advertising information? This research is an analytical descriptive research, with normative juridical approach as main approach and empirical juridical as supporter. The data used are secondary data and primary data collected through literature study and field study with interview technique. The analysis is done qualitatively and presented in the form of qualitative descriptive. Based on the results of research that has been analyzed it can be concluded, firstly, forms of legal protection of misleading housing ad information, for the actions undertaken by developers PT. Bangun Persada Sejatera to Villa Anggrek housing consumer, the consumer as an injured party can make various legal efforts to fight for his rights through: the settlement of consumer dispute through litigation and settlement of non-litigation consumer disputes. Secondly, the business actor's responsibility for misleading housing advertising information is that the consumer is entitled to submit his / her complaint relating to the house in the maintenance warranty period of 100 (one hundred) calendar days. Developers as business actors will seek every improvement that complained by consumers. If the consumer feels aggrieved by the business actors, the entrepreneur shall be obliged to provide compensation, compensation and / or reimbursement for loss caused by the user, user and the utilization of the goods and / or services that have been traded.

PENGATURAN KOORDINASI PENGENDALIAN KEAMANAN ANTARA KANTOR PUSAT DIREKTORAT KEAMANAN PENERBANGAN DAN KANTOR OTORITAS BANDAR UDARA (Studi di Kantor Otoritas Bandar Udara Wilayah VI Padang)

Adrian, Dani

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (262.657 KB) | DOI: 10.31933/law.v1i1.3

Abstract

Fulfillment of rules against a high standard of aviation security is an absolute necessity in the aviation world. The arrangement of the coordination of aviation security control between the Head Office of the Directorate of Aviation Security and the Office of the Airport Authority is essential to protect the safety, regularity, and efficiency of civil aviation activities in its territory. The implementation of the flight security control coordination arrangement between the Head Office of the Directorate of Aviation Security and the Office of the Airport Authority has a problem namely the Directorate of Aviation Security still performs the functions of the controlling activities, the authority of signing the extension of licensing to the Head of the Office of the Authority Authority has not been implemented, the aviation security inspector's mutation from the Aviation Security Directorate's Head Office has not worked properly, and the fulfillment and distribution of budgetary requirements for the implementation of the control and supervision of the Office of the Airport Authority has not been met.

UPAYA PENYIDIK MELAKUKAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA BAGI DIRI SENDIRI MENURUT UNDANG-UNDANG NARKOTIKA (Studi Pada Satres Narkoba Polres Kepulauan Mentawai )

Defri, Defrizal

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (285.764 KB) | DOI: 10.31933/law.v1i1.4

Abstract

Investigators have an important role to the settlement of cases of narcotics abuse for themselves. In dealing with narcotics abusers for themselves, investigators should be oriented to action sanctions in the form of rehabilitation. This is very necessary in order to operationalize Article 54 of Law Number 35 Year 2009 on Narcotics, where the narcotics abusers for themselves are obliged to undergo medical rehabilitation and social rehabilitation. Based on the results of the study, as well as the discussion and analysis, obtained the conclusion as an answer to the formulation of the problem, as follows: first, the investigator's efforts to the rehabilitation of narcotics narcotics for themselves according to the Narcotics law on Satres Drugs Mentawai Islands Police done by sending a request for an assessment to BNN West Sumatra Province. The request to conduct an assessment to West Sumatra Provincial BNN for suspected Narcotics abusers for themselves is conducted against the suspect with evidence and limit of usage of at most 5 grams. If the evidence brought by the suspect is more than 1 grams, the Satres Drug Investigator of Mentawai Islands Resort does not send a request for an assessment to BNN West Sumatera Province. Second, obstacles encountered by the investigator against the efforts of the rehabilitation of narcotics narcotics for themselves according to the Narcotics law in the Drug Satres Mentawai Islands Police, in the first instance, has not been formed Integrated Assesmen Tim in Mentawai Islands District. Secondly, the lack of community response in the rehabilitation of narcotics narcotics for themselves, where narcotics abusers for themselves and families of narcotics abusers for themselves, no one reports to Satres Drug investigators Mentawai Islands police.

OPTIMALISASI FUNGSI INTELIJEN KEPOLISIAN DALAM PENYELIDIKAN TINDAK PINDANA NARKOTIKA YANG DILAKUKAN ANGGOTA KEPOLISIAN ( Studi Sat Intelkam Polres Solok)

Harefa, Herius

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (219.764 KB) | DOI: 10.31933/law.v1i1.5

Abstract

One of the tasks of intelligence is to investigate members of the Police who commit criminal acts of narcotics abuse. Based on this, the problems described are the first, how the Police Intelligence Function and constraints in the Investigation of Narcotics Crimes committed by Solok Police Force Members and the Optimization of the Intelligence Functions. The specifications of this study are analytical descriptive. While the method of approach used is juridical empiris.Teknik data collection is a field study through interviews for primary data and literature study to obtain secondary data. The data obtained are then analyzed qualitatively. The first conclusion of the Police Intelligence Function in the investigation and supervision of members of the Police who committed the narcotic crime is to search, dig, and collect data as completely as possible from various sources. Both obstacles encountered in the execution of these functions are law enforcement factors where the Police must crack down on its members who commit a crime not to protect its members who are involved in narcotic criminal acts. Efforts Optimizing the intelligence function in investigating drug abuse by members of Polri is Conducting Education and training for members of Intelligence, Coordinating and cooperation with related institutions and institutions. Repressive efforts as law enforcement efforts in the form of repression, eradication, crackdown after the crime occurred.

PERANAN KEPOLISIAN RESOR BUKITTINGGI DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK

Jefri, Jefrizal

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (221.906 KB) | DOI: 10.31933/law.v1i1.6

Abstract

Passage 81 and 82 of Law Number 35 Year 2014 about The Changing of the Law Number 23 Year 2002 regulate about sanction to the agent of violence. The Law underlines to give effect and push the concrete steps in maintenance physic, psychic, and social of children. The violence is bad action. Children often become victims of this violence.The problems in this study are: First, how is the role of Bukittinggi Resort Police in crime prevention to children? Second, what are the obstacles faced by Bukittinggi Resort Police in crime prevention to children and how to solve it? The specification of this research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, role of Bukittinggi Resort Police in crime prevention to children done through preventive and repressive efforts. The preventive through socialization to pupils, parents and schools.Therefore, the repressive efforts by prohibition effort and investigation.The prohibition of crime prevention to children by socialite.The efforts of investigation suitable by police such as investigation, etc. Second, the obstacles faced by Bukittinggi Resort Police in crime prevention to children is lack of enthusiasm children, societies and teachers and development of technology and information. Others, the obstacles in investigation are unwished of victim to report, difficult to evidence, there are so many requirements should be done and limitation of investigation fund. The efforts to solve the problems are socialite, increase investigation, socialite regulation of ITE, coordination of many sides and increasing of fund.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERTAMBANGAN BATUAN NON LOGAM PADA TANAH HAK MILIK MASYARAKAT (Studi Pada Satreskrim Polres Kerinci)

Mai, Maizardi, Saputra, Ebit Bimas

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (309.131 KB) | DOI: 10.31933/law.v1i1.7

Abstract

The enforcement of mining law is done on the land of property rights is an interesting part for the scientific study, because on one side of law enforcement is a constitutional obligation to maintain the jurisdiction of the state law, on the other hand the land ownership is constitutional recognition or part of the form of state protection law against its citizens, or more specifically that one of the characteristics of a constitutional state is the protection of human rights. Ownership of land is a part of human rights, and even property rights to land can be communal. Based on the above description, the issues discussed in this research are: Firstly, how is law enforcement against the criminal act of non-metallic rock mining on community property rights in the area of ​​Kerinci Police . Secondly, what are the obstacles faced in law enforcement of non-metallic rock mining action on community property rights in Kerinci District Police and how to overcome these constraints.

EKSEKUSI TERHADAP PIDANA TAMBAHAN BERUPA UANG PENGGANTI PADA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN NEGERI PADANG (Studi Putusan Nomor: 19/Pid.Sus-TPK/2015/PN Pdg)

Yusuf, M

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (302.074 KB) | DOI: 10.31933/law.v1i1.8

Abstract

Broadly speaking, the execution is one of the jurisdiction of the prosecutor as regulated by the law to enforce the judge's decision, as well as the additional criminal under Article 10 point (b) of the Criminal Code and Article 18 Paragraph (1) of Law Number 31 Year 1999 regarding Eradication of Corruption. In fact it is undeniable that corruption is currently one of the extraordinary crimes that have an impact on the state's financial losses, which are of the essence in returning the state's losses, particularly with regard to the execution of additional crimes in the form of substitute payments on corruption. The problems in this thesis are: Firstly, how is the execution process of additional criminal in the form of replacement money on corruption crime by Padang State Attorney ?. Secondly, what are the obstacles encountered by the Padang District Attorney in the execution of additional crime in the form of substitute money on corruption and how is the effort to overcome these obstacles?. Specification of this research is an analytical descriptive research. Approach method used is normative juridical as main approach and supported by empirical juridical approach. The data used are secondary data and primary data. The data obtained were analyzed qualitatively and presented analytically descriptively. Based on the research and discussion it can be seen that: First, the process of execution of additional crime in the form of replacement money on corruption crime by State Prosecutor of Padang is done through execution of court decision which has obtained legal force still done by prosecutor, after the clerk sends a copy of decision letter to him, this requires that a new execution be exercised by the prosecutor, after the clerk has sent a copy of the verdict to him, so the defendant refuses to be executed on the basis of the quotation of the permanent verdict in addition to the court's verdict giving no legal basis on the property of the accused that has been confiscated. This is based on the task of the Prosecutor as the executor to execute in accordance with existing legislation. Second, the obstacles encountered by the Padang District Attorney in additional criminal execution in the form of substitute money in corruption are the absence of a standard rule governing the execution mechanism, including guidance if the defendant is unable to pay for all or part of the additional penalty imposed. The easy access to double identity card making it difficult to trace the convicted property, the duration of the judicial process until the verdict has the legal power to keep the execution and the number of convicts who prefer to go through the additional criminal sanction of the additional criminal. While the efforts made by the State Prosecutor Padang is to reform the legislation related to the authority of the Public Prosecutor Office through the Attorney General to seize the assets of someone suspected of having committed a criminal act of corruption that harm the state finances.

EFEKTIVITAS PERAN SATUAN RESERSE NARKOBA POLRES BUKITTINGGI DALAM MENGATASI PENYALAGUNAAN NARKOTIKA

Adi, Okriadi

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (227.596 KB) | DOI: 10.31933/law.v1i1.9

Abstract

Narcotic is a substance or medicine that very important and needed to treat a certain disease. However, if misused or used not suitable with standard treatment will damage to personal or society especially young generation. Using of narcotic will make a big damage to the life and cultural values of a nation. Since October 2009, the government has approved the Law Number 35 Year 2009 about Narcotics. Based on this law, the Indonesian Police (Polri) changed the approach in eradicating narcotics.  The Indonesian Police (Polri) is the front guard to fight the narcotic. The problem in this study are: First, how is the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police? Second, how is the effective of the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police? The approach uses in this research is the normative as the main approach and juridical empiric approach as support. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police is implemented in the preemptive, preventive, and repressive roles. Second, the implementation of the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police has been effective. It is proved by many cases of narcotic finished by the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police year 2015 – 2017 are year 2015 there were 47 cases with 63 suspected, year 2016 there were 48 cases with 69 suspected and year 2017 there were 48 cases with 59 suspected.

PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

sinaga, rustan

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (281.237 KB) | DOI: 10.31933/law.v1i1.10

Abstract

Termination of employment has a very complex impact and tends to cause disputes between employers and workers. in various laws and regulations, mechanisms and procedures for termination of employment have been regulated with the aim that both businessman and workers can maintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning Industrial Relations Disput, the handling of employment disputes is the authority of the Industrial Relations Court at the local District Court. in addition to the judicial route (litigation) the settlement of disputes over termination of employment can also be settled outside the court (non litigation).In this study the author will focus on the settlement through justice (litigation). the issues discussed in this paper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Termination of Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties. in Writing this thesis the author uses the research of empirical law with normative juridical approach method supported by empirical juridical approach. Legal material collection techniques are carried out by means of library research and field research.The role of the Industrial Relations Court in the Padang Class IA  Court, has resolved the case brought by the justice seekers to them, thereby granting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations Dispute Settlement.The implementation of the Industrial Relations Court Decision by the Parties has not been carried out optimally in according to the PHI decision in the Padang Class IA District Court, because there are no strict sanctions against disobedience of the parties who did not carry out the decision, namely the employer as the convicted party to carry out the PHI decision in the Padang Class IA District Court. Therefore, against those who do not comply with the ruling IRC, should be subject to strict sanctions in the form of temporary revocation of business licenses, and government needs to make regulations to regulate the sanctions against parties who do not comply with the ruling of the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the General Courts in general.

EFEKTIVITAS PERATURAN PRESIDEN NOMOR 44 TAHUN 2016 TERHADAP KESEMPATAN KERJA PRODUKTIF BAGI TENAGA KERJA DALAM KEGIATAN PENANAMAN MODAL PADA SEKTOR PERKEBUNAN DI SUMATERA BARAT

Viana, Wira Okta

Unes Law Review Vol 1 No 1 (2018): UNES LAW REVIEW (September 2018)
Publisher : Postgraduate Program Law of Faculty Ekasakti University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (351.879 KB) | DOI: 10.31933/law.v1i1.11

Abstract

Presidential Regulation number 44 of 2016 regulates the list of closed business fields with requirements in the field of investment. The issuance of Presidential Regulation number 44 of 2016 is expected to be implemented effectively and efficiently to the opening of productive employment opportunities for workers in investment activities, especially in the plantation sector in West Sumatera.The issues raised in writing this thesis are: First how the effectiveness of Presidential Regulation number 44 of 2016 on productive employments opportunities for labor in investment activities in West Sumatera. Second the factors that hamper the effectviness of Presidential Regulation number 44 of 2016 on productive employment opportunities for labor in plantation investment activities in West Sumatera. Third  how is policy of West Sumatera provincial government related to the effectiveness of presidential regulation number 44 year 2016 in productive employment opportunity for manpower in investment activity in West Sumatera.The research method used in the writing of this thesis is the normative juridical approach supported by empirical juridical approach through interview techniques and date collection techniques by the author at the Office of One Stop Service Integrated Servive Center (DPMPTSP) of West Sumatera Province and the Office of Manpower ang Tranmigration of Sumatera Province West. Based on the results of research and analysis, it can be concluded as follows: First  effectiveness Presidential Regulation number 44 of 2016 on productive employment opportunities for labor in plantation investment activities in West Sumatera has been running effectively but still not maximal because it still encountered some obstacles and weaknesses in this Presidential Regulation and its implementation. Second The internal factors included the absence of provisions on the maximum dan minimum limits of plantation land use, business scale, and so forth. External factors included limited land fpr plantations, land with traditional customary community land, low labor human resources, and investment licensing issues that are perceived as inefficient. Third West Sumatera provincial governments have issued regulations stipulated in the Regional Regulation and Governor Regulation which is guided by the provisions of Presidential Regulation number 44 of 2016 and other legislation related to the increase of employment and investment activities, especially the plantation sector in West Sumatera. One of them is Regional Regulation of West Sumatera Province number 2 of 2014 concerning Investment and Regulation of Gubernur of West Sumatera number 70 year 2013 concerning General Plan of Capital Investment of West Sumatera.

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