UNES Law Review (Universitas Ekasakti Padang)
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Ratio Legis Tanggung Jawab Sosial dan Lingkungan Perusahaan dalam Menuju Harmoni Interaksi Perusahaan, Pemerintah dan Masyarakat
Get PDFCorporate Social Responsibility (CSR) is a concept that states an organization (Company) has a responsibility towards consumers, employees, shareholders, communities and the environment in all aspects of the company\u27s operations. For example, regarding problems that impact the environment, such as pollution, waste, product safety and labor. Based on Positive Law "Companies that carry out business activities in the field and/or related to natural resources are obliged to carry out Corporate Social Responsibility". This is because the company must have benefits that can be felt by the business environment and society. However, in reality, not all companies are able to realize Social and Environmental Responsibility is implemented it is not carried out well. The article with the title "Legis Ratio of Corporate Social and Environmental Responsibility towards Harmonious Interaction between Companies, Government and Society" was created for answering questions regarding how to implement Corporate Social Responsibility in companies in Indonesia, Why the Implementation of Corporate Social Responsibility in Companies in Indonesia is Still Many Obstacles and How to Create Harmony in the Interaction of Companies, Government and Society. Hoped that the results of this writing can be applied to create harmony in the interactions between companies, government and society
Analisis Hak Asasi Manusia dalam Kejahatan Tindak Pidana Korupsi Bantuan Sosial Penanganan Covid-19 (Studi Kasus Korupsi Bantuan Sosial Penanganan Covid-19 Oleh Kementerian Sosial)
Get PDFCorruption has become a deep-rooted problem in Indonesia. Even when the Covid-19 pandemic affected Indonesia, the implementation of Social Assistance (Bantuan Sosial) became a field for the practice of corruption. The corruption committed by irresponsible parties, certainly led to the intersection of human rights, especially during the Covid-19 pandemic. The problems in this study are (1) how is the regulation of human rights aspects in the national and international Corruption Eradication instruments; and (2) how is the analysis of human rights enforcement for the community and the perpetrators in the case of corruption in social assistance during the disaster period. In order to answer these problems, this research will be analyzed using doctrinal research methods
Perlindungan Hukum Bagi Peserta Misi Khusus PBB Terkait dengan Kematian dalam Pelaksanaan Tugas (Studi Kasus Pasukan Garuda Lebanon 2022)
Get PDFIn order to protect the rights and obligations of UN special mission participants while they carry out their duties, this research aims to determine the legal arrangements for UN special missions. It also seeks to ascertain the UN\u27s responsibility for UN special mission participants who die while performing their duties. Normative legal research is the kind of study that is employed. The findings demonstrate how crucial it is for UN special missions to have legal guidelines when performing their duties in order to guarantee that all actions are compliant with UN policies and goals. This entails compliance with international laws like the Geneva Conventions, internal UN policies, and approval from the nations in which the mission operates. When viewed from the perspective of sending countries against participants in special UN peace missions, there is protection in the form of compensation, medical assistance, and family support. Through this arrangement, the UN can carry out humanitarian and peace missions safely and effectively, and provide protection to mission personnel. The sending nation also provides training to the soldiers, including topics such as international law, human rights, law enforcement methods, and mission guidelines. Additionally, to help them deal with the difficulties they could encounter on a peace mission, participants receive training in stress management, communication, negotiation, and conflict resolution techniques. In order for mission participants to contribute to global peace in a secure and efficient manner, it is critical that these legal provisions be upheld and monitored. When a mission member dies while performing their duties, the UN is held accountable. They are required to look into the death with great care, support the relatives of the deceased, and make sure that future missions have stronger preventive measures in place
An Analysis of the Impact of Legal Reforms on Corporate Governance in Indonesia
Get PDFThis study aims to determine the relationship between the implementation of good governance based on employment contracts, bureaucratic reform and e-government to improve the efficiency of government administration in Indonesia. This research also uses qualitative research methods with data collection methods in the form of describing analysis methods, describing and discussing, and on the basis of relevant literature review, studying and collecting data taken from articles published in various scientific journals and book compilations. Secondary data referenced from the relevant literature review is used as a tool. Indonesia has implemented work contract-based bureaucratic reform in an effort to improve government administration. Bureaucratic reform based on work contracts, where the government organizers, such as regional heads, are always required to achieve the pre-determined work goals. The results of this study show that in implementing bureaucratic reform to achieve good governance, the Government uses the concept of working contract. By using the concept of employment contract that uses technology (e-government), the employment contract can be more transparent with the output in the form of work evaluation. This is shown from several points of view, as use of electronic government related to establishment of good governance practices, implementation of good governance related to bureaucracy institutional transformation, there is a relationship between performance and electronic government, performance with bureaucracy transformation, and implementation of good governance with performance
Analisis Terhadap Masalah Tindak Lanjut Laporan Akhir Pemeriksaan (LAHP)/Rekomendasi Ombudsman
Get PDFThis research is motivated by the fact that there are still many LAHP and/or Ombudsman Recommendations that are not implemented, while the implementation is a necessity for the realization of good, clean and efficient public service delivery and to prevent and eliminate abuse of authority as specified in the laws and regulations. This research was conducted using secondary data, which is sourced from the 2021 Annual Report of the Ombudsman RI, Laws and Regulations on the Ombudsman and on Public Services. From the research conducted, it is known that the factors causing the LAHP and / or Ombudsman Recommendations not to be implemented are due to: First, the legal material factor which still contains legal loopholes, intertwined with the Second factor, namely Law Enforcement, where not all Officials who have the authority to enforce the law oversee the implementation of LAHP and / or Recommendations, as well as impose administrative sanctions on the Reported Party who does not implement LAHP and / or Recommendations, and Third, the factor of those affected by the rule of law, where there is still an assumption of some Reported Party, that LAHP and / or Recommendations are only suggestions, not as something that must be implemented
The Importance of Law Enforcement Based on Progressive Law in Realizing Community Welfare
Get PDFProgressive Law emerged from Satjipto Rahardjo\u27s idea of seeing the worrying reality of law enforcement in Indonesia. The law tends to favor the strong and oppress the weak, sharp downwards but dull upwards. This article discusses the importance of having behavior based on Progressive Law in law enforcement. The method used in writing this article is a normative legal research method with a conceptual approach. The results of this research are that law enforcement that improves the welfare of the people in the style of Progressive Law will be formed if law enforcement officers have progressive law enforcement behavior. The meaning of progressive behavior is law enforcement that is sensitive to the realization of the values of justice, and is not confined solely to the formulation of the text of the law. Such law enforcement will create justice, benefit and welfare for society.
 
Perlindungan Hukum Terhadap Pegawai Notaris Sebagai Saksi Instrumenter Dalam Akta Notaris
Get PDFNotary employees have quite a big role and position in assisting the performance of notaries in deed making services. In addition to assisting the Notary\u27s performance in carrying out his or her position optimally, a Notary employee must also be able to act as an instrumental witness in the preparation and inauguration of a Notary\u27s deed as long as it meets the requirements as stated in Article 40 paragraph (2) of the Notary\u27s Position Law, namely that the witness must be at least 18 years old. years old or married, competent in legal actions, understands the language used in the deed, can sign and initial, and does not have a marital relationship with the Notary or the parties. As a Notary employee who acts as an instrumental witness in the inauguration of a deed which of course has entered into legal traffic and gives rise to legal consequences, so that if a Notarial deed later arises in a problem or case then the Notary employee will be involved in the problem or case.
Like witnesses in other cases, Notary employees as witnesses in Notarial deeds should also receive legal protection and their safety must be guaranteed in the event of a case or lawsuit in court regarding a deed in which the Notarial employee is a witness. Although the actions of Notary employees as instrumental witnesses in the officiating of notarial deeds are included in the field of notarial matters, the Law on the Position of Notaries does not provide legal protection for witnesses in the officiating of deeds, especially for Notary employees. This is because in the UUJN only Notaries receive legal protection, so legal protection for Notary employees as instrumental witnesses in the inauguration of Notarial deeds is not found in the Law.
In the absence of regulations in the Notary Position Law regarding protection for Notary employees who are instrumental witnesses in the inauguration of deeds, legal protection for Notary employees who are witnesses can only be found in provisions outside the Notary position regulations, namely Law Number 13 of the Year 2006 concerning Witness and Victim Protection. Even though the Law does not specifically regulate witnesses in the formalization of Notarial deeds, the provisions in the Law can be applied to the position of Notary employees as instrumental witnesses in the formalization of deeds, namely in the event that the witness is summoned in a case process.
 
Pertanggung Jawaban Pejabat Pembuat Akta Tanah Terhadap Kesalahan Pencantuman Identitas Pembeli pada Akta Jual Beli di Kabupaten Tabanan
Get PDFPenelitian ini dibuat dengan tujuan untuk mengkaji tentang hukum yang berkaitan dengan Akta Jual Beli dan PPAT terkhusus terhadap tanggung jawab yang harus dilakukan oleh PPAT ketika melakukan kesalahan dalam penulisan nama pembeli dalam akta jual beli. Berdasarkan hal tersebut maka penelitian ini mengangkat rumusan masalah: Bagaimana bentuk pertanggung jawaban yang dapat diberikan oleh PPAT apabila terjadi kesalahan pencantuman identitas pembeli pada akta jual beli ?. penelitian ini dilakukan dengan metode penelitian empiris yang mana data di kumpulkan melalui dua cara yaitu 1. Teknik studi dokumen dan 2. Teknik wawancara yang berlangsung di Kantor Pejabat Pembuat Akta Tanah I Gustti Agung Dhenita Sari, S.H., M.Kn yang berkedudukan di Jalan Teratai No. 30b, Dauh Peken, Kecamatan Tabanan, Kabupaten Tabanan, Bali. Data yang telah terkumpul kemudian kembali di analisis menggunakan Teknik Deskripsi Kualitatif. Adapun hasil yang di dapat dari penelitian menyatakan bahwa Pertanggungjawaban hukum terhadap kesalahan pencantuman identitas pada Akta Jual Beli yang dapat diberikan oleh PPAT I Gusti Agung Dhenita Sari, S.H., M.Kn., di Kabupaten Tabanan ada beberapa jenisnya antara lain: 1. Penyelesaian melalui mediasi, 2. Penyelesaian melalui abirtase, 3. Penyelesaian melalui renvoi dan terakhir jika akta sudah ditulis maka yang dapat dilakukan adalah melakukan perbaikan kesalahan tulis yang terdapat bada akta
Kedudukan Perjanjian Kawin yang Dibuat Dihadapan Notaris Setelah Perkawinan
Get PDFA Marriage Agreement is an agreement between a husband and wife regarding matters that will arise in marriage. A marriage agreement is usually made by the prospective husband and wife regarding aspects of the marriage and all matters that may arise during the marriage before the marriage takes place or when the marriage takes place. However, with the issuance of Constitutional Court decision no. 69/PUU XIII/2015 determines that a marriage agreement can be made before, during and during the marriage. This article wants to discuss marriage agreements after the Constitutional Court decision above comes into effect and the position of Marriage Agreements made before a Notary after the Constitutional Court Decision comes into force. The method used is a normative juridical approach and descriptive analytical research specifications. Qualitative juridical data analysis. Constitutional Court Decision Number 69/PUU-XIII/2015 determines that marriage agreements can be made before, during and during the marriage, and there are several formats of model marriage agreements which can be a guide for notaries who will make marriage agreement deeds and agreement deeds. Marriages made before a Notary after the enactment of Constitutional Court Decision Number 69/PUU-XIII/2015 are still valid and are authentic deeds and are valid evidence
Analisis Criminal Profiling Terhadap Pelaku Pembunuhan Berencana Berbasis General Theory Of Crime
Get PDFCriminal Profiling is a method of investigating criminal phenomena. Criminal profiling involves creating a criminal profile to determine the background of the perpetrator. Premeditated murder is a heinous crime because the manner in which the perpetrator commits the murder requires planning. This plan includes what items to use, when, the right opportunity to do so, and how to escape. Therefore, this research discusses the role of criminal profiling of premeditated murder offenders in Indonesia based on the General Theory of Crime. The theory used will discuss 3 important points of the theory, namely implusive, low self-control, and opportunity. This study collects 5 examples of premeditated murder cases to be studied and presents the results of profiling the perpetrators based on the results of press conferences held by the police and summaries of several news articles. The profiles observed include the perpetrators\u27 motives, modus operandi, socio-cultural conditions, and demographics. The method used in this research is a systematic literature review; this method requires researchers to collect and select articles, books and magazines related to this research. In addition to journal articles and books, researchers also collected references to newspaper articles to explore the development of these cases