UNES Law Review (Universitas Ekasakti Padang)
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Perlindungan Hukum Terhadap Kerugian Konsumen Atas Wanprestasi Pelaku Usaha Jasa Titip Beli Barang Secara Online
Get PDFThis research is aimed at finding out the legal protection given to consumers for the performance of the entrepreneur of services to buy goods online contained in article 4 of the Act No. 8 Year 1999 where there are many cases of fraud such as uncertainty of the quality of the goods purchased because of the fact that they cannot see them in person. Sometimes goods purchased are not as expected and there is a risk of fraud, where the goods already purchased did not arrive or differ from the one ordered. Not all online sellers are reliable, and often there are cases of frauds in which consumers have transferred money but the ordered goods do not arrive. The type of research used is normative legal research, which is obtained from library materials or secondary data
Penegakan Hukum Terhadap Tindak Pidana Pencurian yang Dilakukan oleh Anak di Kota Semarang (Studi Putusan Nomor : 2/Pid.Sus-Anak/2023/Pn Smg)
Get PDFThe phenomenon of juvenile delinquency, or child crime, is currently frequently encountered, especially crimes that harm society or other people, such as criminal acts of theft committed by children. The purpose of this research is to determine the factors that influence children in committing a crime of theft and to analyze the decision of the Semarang District Court judge No: 2/Pid.Sus-Anak/2023/PN Smg in the crime of theft committed by a child. The method used in this research is the Normative Juridical Method, the specifications used are Analytical Descriptive, and the method used in this research is Literature Study. The influencing factors are caused by heredity and environmental factors. Congenital or hereditary factors are the first factor that influences a child\u27s growth and development. This factor can be interpreted as all individual traits or characteristics that are inherited from children or all the physical and psychological potential that a person has from the time of conception as an inheritance from parents. Based on the provisions of Article 5 paragraph 1 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, in resolving juvenile cases through the Juvenile Criminal Justice System, it is mandatory to prioritize a restorative justice approach
Pembagian Wilayah PPAT oleh Badan Pertanahan Nasional (BPN) Kota Surabaya Berkaitan dengan PP No. 37 Tahun 1998
Get PDFBPN has partners to help carry out its duties and functions, one of which is PPAT, which is a public official who is given the authority to make authentic deeds regarding land rights, which has a working area that has different rules in Government Regulation Number 24 of 2016 which regulates PPAT\u27s working area is one provincial area, whereas in Regulation of the Head of the National Land Agency Number 1 of 2006 it is one working area of the Land Office. This resulted in losses for the PPAT that forced to follow the BPN. This writing was carried out using the Statute Approach and Conceptual Approach, which aims to obtain legal certainty regarding the PPAT work area that should be followed. From the discussion, it can be seen that the source of BPN\u27s authority to divide the PPAT area is based on the Head of Land Agency Regulation Number 1 of 2006 which regulates the work area of PPAT which follows the land office, and that the legal relationship between PPAT and BPN is specifically in the scope of the transfer of land rights is a horizontal legal relationship (mitra) so it should not be appropriate for one institution to impose its will which is contrary to the applicable laws and regulation
Tinjauan Yuridis Terhadap Pemalsuan Identitas dalam Perkawinan
Get PDFThis research discusses identity forgery in marriage. Identity forgery is a form of crime that often occurs. The focus of the research raised is: 1) What are the forms of identity falsification in the context of marriage that occur in practice in the community? 2) How is the regulatory and legal framework in Indonesia that regulates cases of identity forgery in marriage? This research uses normative legal research methods, questions are analyzed by combining legal materials (which are secondary data). The conclusions of this research are: It is important to implement security measures and conduct careful identity verification in the context of marriage to prevent cases of identity forgery, it is also important to note that regulations and laws are subject to change, and up-to-date verification from official sources or consultation with legal experts is recommended for a more accurate and up-to-date understanding
Juridical Review of Practice Permit Arrangements for Foreign Doctors in View of Health Law Number 17 of 2023 Jo Regulation of the Minister of Health Number 35 of 2022 and the Benefits of the Presence of Foreign Doctors for the People of Indonesia
Get PDFCompetency evaluation is crucial components in the acceptance of foreign doctors in Indonesia, foreign doctor will be assessed for their ability and quality to help the improvement of health services standard in Indonesia. Many Indonesian citizen seeking medical treatment abroad and caused the country losing Rp.165 tillion, which may be due to the populace’s preference for services provided by hospitals overseas. Law are established to fulfill 3 principles; justice, benefits, and certainty. Regulation regarding foreign doctor practicing in Indonesia fulfills the principle of benefit in accordance with Article 2 letter c of Law Number 17 of 2023 concerning Health Law, which states that the principle of benefit in health development must provide the greatest benefit for humanity and a healthy life for every citizen. The method used in this research is normative juridical research with an approach through legislation and examination of norms and rules applicable in Indonesia.vThe government has made quite a lot of regulations governing the utilization of foreign healthcare workers. However it would be even better if the regulations itself could be harmonized and have many benefits to increase the quality of health services in Indonesia
Kajian Hukum Waris Islam Tentang Diyat Korban Meninggal Dunia Terhadap Ahli Waris Korban
Get PDFThe criminal law paradigm has begun to change since the emergence of the new Criminal Code (KUHP), where criminal punishment is emphasized not only as retaliation but also as recovery. Diyat punishment is one solution to restore victims. By giving property to the victim, you can make the victim\u27s life easier financially. However, it is different from the diyat punishment for perpetrators of murder, not torture, which in this case has a perspective from the view of Islamic inheritance law. How is the diyat punishment given to the victim who is the heir of the murder victim from the perspective of Islamic inheritance law? This research uses normative legal research methods, namely by examining legal norms regarding diyat punishment from the perspective of Islamic inheritance law. Meanwhile, this research approach uses a statutory approach and a case approach related to diyat punishment. The results of research into the diyat punishment which should be the victim\u27s right will be transferred to the victim\u27s heirs considering that the victim has died as a result of murder. The concept of diyat punishment from the perspective of Islamic inheritance law is one of the appropriate solutions and is in accordance with the principles of the new Criminal Code
Urgensi Check and Balance oleh Mahkamah Konstitusi melalui Judicial Activism dalam Praktik Demokrasi di Indonesia
Get PDFThe mechanism of checks and balances in a democratic system is intended to avoid the use of hegenomic, tyrannical, and centralization of power, as well as provide performance monitoring activities between state institutions. However, the mechanism of checks and balances by the Constitutional Court related to the doctrine of Judicial Activism is faced with the issue of the independence of the Constitutional Court. This study aims to identify and analyze the mechanism of Checksand Balances by the Constitutional Court by applying Judicial Activism in democratic practices in Indonesia. The research is a doctrinal research and applies the statues approach and deductive analysis methods. The results of the study showed that to ensure the fair exercise of each individual as the fundamental basis of democratic values, the law and politics as an inseparable unit so that the court can use its political power to create a new norm provided for a noble purpose based on the doctrine of judicial activism by developing constitutional texts to create a social change so that the fundamental values in the Constitution can be applied progressively according to progressive legal theory. Judicial Activism is related to the judicial power that serves to check and balance. However, the freedom of judges in Indonesia is limited by the Grundnorm of Pancasila, the 1945 Constitution, legislation, public order and morality, government/political system, economic system, culture
Efektivitas Kode Etik Notaris dalam Memberikan Pelayanan Jasa Kepada Klien
Get PDFThe code of ethics in the notary profession is not just a set of rules or codes of conduct, but also reflects the essence of integrity and responsibility that a notary must have. In providing services to clients, a notary not only acts as a legal professional, but also as a guardian of trust and legal certainty for the community. Therefore, it is important for notaries to understand and abide by their code of ethics conscientiously. The research method used is normative legal research. With a statutory approach, i.e. examining current laws and regulations, other relevant literature, and case studies related to the research topic. The results showed that the Code of Ethics is important for notaries in providing services to clients, maintaining integrity and professionalism. However, there are still cases of violations that harm the reputation of the profession. To prevent this, it is necessary to increase supervision, education, and training for notaries. Transparency and accountability in handling violations are also important. Public awareness of the importance of choosing notaries who comply with the code of ethics should also be increased through information campaigns. These steps are expected to ensure that notary services remain of high quality and trust
Sanksi Pidana Merintangi Upaya Penanggulangan Kejadian Luar Biasa dan Wabah dalam Pembaruan Undang-Undang Kesehatan
Get PDFThe research method used in this article is normative legal research, with a statutory approach. This research aims to identify legal rules, legal principles, and legal doctrines that are relevant to the legal issues of overcoming extraordinary events and outbreaks, as well as to find the basis and ontological foundation behind the formation of certain laws, including the identification of the ratio legis. Criminal law policies against perpetrators of criminal acts, especially related to the handling of extraordinary events and outbreaks, have significant implications for the implementation of prevention efforts and the achievement of sustainable development goals, especially in the 3rd Sustainable Development Goals (SDG) related to sustainable health. Criminal sanctions must be clear and firm to ensure legal certainty for the community in accordance with the principle of legality. However, in Article 446 of the Health Law, there are deficiencies and vagueness in the formulation of articles that can hinder effective law enforcement, especially in emergency situations such as the Covid-19 pandemic. The ideal concept of punishment comprehensively considers the factors that influence criminal offenders, in line with the principles of justice and takes into account social and economic factors. Flexibility in the application of punishment, such as community service as an alternative to fines, can be more relevant and have a positive impact, especially in public health emergencies. Refinement and adjustment of criminal law policies are essential to support the management of extraordinary events and outbreaks and achieve sustainable development goals in the health sector.
 
Perlindungan Hukum Terhadap Pekerja yang Terikat Perjanjian Kerja No Target No Pay
Get PDFHubungan kerja antara PT. Danamas Insan Kreasi Andalan di Semarang dengan pekerja menerapkan sistem kerja no target no pay. Dalam kasus hubungan kerja dengan sistem no target no pay, pekerja yang melakukan pelanggaran akan tidak mendapatkan gaji dan dikeluarkan sehingga pekerja tidak bisa bekerja lagi dan pekerja yang melakukan kesalahan fatal bisa di pidana. Penelitian ini bertujuan untuk mengetahui bagaimana bentuk perjanjian sistem kerja no target no pay dan perlindungan hukum bagi pekerja yang terikat perjanjian sistem kerja no target no pay. Penelitian ini menggunakan metode penelitian yuridis empiris yaitu dengan mengetahui bagaimana bentuk perjanjian sistem kerja no target no pay dan perlindungan hukum bagi pekerja yang terikat perjanjian sistem kerja no target no pay. Sumber data yang digunakan dalam penelitian ini adalah sumber data primer dan sumber data sekunder. Pengumpulan data dilakukan dengan cara observasi dan wawancara. Analisis data penelitian ini dihubungkan dengan permasalahan yang kemudian diteliti dan diuraikan dalam bentuk narasi. Dari penelitian ini dapat diperoleh bagaimana bentuk perjanjian kerja no target no pay dan perlindungan hukum bagi pekerja yang terikat perjanjian sistem kerja no target no pay. Hal ini dilakukan agar pekerja mendapatakan haknya sesuai dengan yang telah diperjanjikan dalam sistem kerja no target no pay