UNES Law Review (Universitas Ekasakti Padang)
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Analisis Perbuatan Mengalihkan dan Merusak Cagar Budaya (Studi Kasus Cagar Budaya Benteng Putri Hijau Di Delitua)
Get PDFProtection of cultural heritage in Indonesia is regulated in Law no. 11 of 2010 concerning Cultural Heritage. Violations in the form of destroying cultural heritage can be subject to serious criminal sanctions. One example of a protected cultural heritage is Fort Putri Hijau, with various protection efforts by the government such as restoration, monitoring and outreach, in order to preserve this historic site as the nation\u27s cultural heritage
Urgensi Penyimpanan Protokol Notaris secara Elektronik dalam Kaitan Cyber Notary di Indonesia
Get PDFNotaries have obligations, one of which is to keep and maintain notary protocols. In the digital development that continues to accelerate, this then affects the notary profession or what is usually calledcyber notary, including one of them in the case of storing notary protocols to be done electronically. The aim of this research is to explore the arrangements for storing notary protocols electronically in this regardcyber notary in Indonesia as well as exploring the legal strength of electronically storing notary protocols as evidence in the field of civil law. Apart from that, the aim of this research is to explore the legal responsibility of notaries for damage to electronically stored notary protocols. This research uses a normative research type, with an approach to statutory regulations and a conceptual approach. The literature study was carried out as a collection of legal materials, using prescriptive analysis methods. Deductive logic and systematic interpretation are used as the basis for this research. The results of the research found that there are no specific regulations regarding the electronic storage of notary protocols, especially in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. This then makes its legal strength as evidence in court still doubtful. However, legal liability for damage to notary protocols stored electronically by a notary refers to existing legal arrangements, which are currently in effect, reflecting legal certainty that has not yet been realized
Kepastian Hukum Pendaftaran Peralihan Hak Atas Tanah Saat Menjadi Objek Sengketa di Pengadilan (Studi Kasus Pelaksanaan Eksekusi terhadap Objek Perkara Perdata No. 18/Pdt.G/2018/PN Kbr)
Get PDFThis research aims to examine and analyze the legal certainty of registering the transfer of land rights when it is the object of a dispute in court and to determine the legal consequences for land rights that have been transferred in the implementation of the Koto Baru District Court Decision No. 18/Pdt.G/2018/PN Kbr. This research uses empirical juridical methods, namely research carried out directly in the field to find out the actual problems that occur, then it will be connected to applicable laws and regulations and existing legal theories. The data collected is in the form of primary data and secondary data. Based on the research results, in the event that Land Rights are the object of a dispute in court, the case registration is automatically deleted within 30 (thirty) days from the date of recording and if there is a status quo order it is also automatically deleted within 30 (thirty) days. day. After the period for recording the object of the court case and/or the record of the object of determining the status quo as intended is deleted and the object of the case is not followed by a determination of collateral confiscation, the registration of the transfer or encumbrance of rights can be carried out. The Court\u27s decision which has permanent legal force (In kracht van gewijsde) is considered correct and in this decision it is punitive (Condemnatoir) control/ownership of the land the object of execution is binding on the third party because obtaining rights to the land from the losing party (Defendant) occurred after If there is a case/case decision then the object of the case can be executed
Rekonstruksi Normatif Kontrak Kerja Agen Asuransi Jiwa: Integrasi Nilai Itikad Baik dalam Praktik Asuransi
Get PDFInsurance agents play a crucial role in the life insurance industry, serving as a bridge between companies and the public, explaining the benefits and terms of policies, and guiding the application process. The dynamics of agent employment often lead to legal issues, particularly concerning employment contracts with insurance companies, necessitating normative reconstruction to establish a balance of rights and obligations. The rapid growth of the insurance industry, alongside increasing legal challenges, underscores the importance of fair and balanced employment contracts to protect both parties. This study employs a normative juridical method. It finds that regulatory issues in the employment contracts of life insurance agents in Indonesia highlight the need for legal updates and clarification to prevent confusion and imbalance, often detrimental to agents. Deficiencies in regulation, as evident in the Insurance Law, require normative reconstruction to establish a clear and fair legal framework, including definitions, scopes of work, and oversight mechanisms. Such updates are expected to enhance justice, transparency, and public trust in the life insurance industry while more effectively protecting the rights of agents and consumers.
 
Keabsahan Kesepakatan Bersama Antara Operator Arung Jeram dengan Masyarakat Desa Bartong Kecamatan Sipispis Ditinjau dari Syarat Sah Perjanjian
Get PDFThis study aims to determine whether the agreement between the Rafting Operator and the Bartong Village community is valid according to the law when viewed from the valid terms of the agreement. This research uses empirical research, namely research with field data as the main data source, such as the results of interviews and observations. The results of the study found that the mutual agreement between the Rafting Operator and the Bartong Village community has fulfilled the four elements of the valid terms of the agreement regulated in Article 1320 of the Civil Code. The Bartong Village community agreed and agreed that the Rafting activity could use Huta Bayu Village in Bartong Village as a starting point location with agreed operational costs. The parties present and involved in the agreement can be ascertained that they are capable according to the law. The rafting activity does not disturb public order and decency, nor does it violate the law. So the joint agreement between the Rafting Operator and the Bartong Village community can be declared valid in terms of the validity of the agreement
Implikasi Hukum Atas Kelalaian Notaris Terhadap Keterlambatan Pendaftaran Jaminan Fidusia
Get PDFThe legal implication of notary negligence for late registration of fiduciary guarantees is that notary acts are very risky and have a negative impact, so it is necessary to provide fair and appropriate legal protection to the parties involved in the transaction. This study aims to remind and encourage notaries to comply with applicable legal provisions carefully and in a timely manner. In addition, it is also to uphold justice and legal certainty in fiduciary guarantee transactions, so that the rights and obligations of each party can be fulfilled properly. By applying appropriate legal implications for notary negligence, it is expected to prevent violations of law that harm the parties and maintain the integrity of the notary profession as a trustworthy law enforcer. 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 relating to the topic of legal implications of notary negligence on late registration of fiduciary guarantees. The results showed that the legal implications of notary negligence in the process of registering fiduciary guarantees can be very detrimental to the parties involved in the transaction. Moreover, the lack of regulatory clarity and the lack of a conducive legal culture can be obstacles in carrying out notary duties effectively. However, the notary\u27s role in ensuring the validity and legal force of the fiduciary guarantee deed is essential to provide protection to the parties concerned
Implementasi Pemberian Royalti bagi Pemegang Hak Cipta Terkait Pendistribusian Musik Melalui Platform SoundOn pada Aplikasi TikTok
Get PDFDistribution of music through digital platforms, such as SoundOn on TikTok, has become a dominant phenomenon in the modern music industry. However, the implementation of royalty distribution to copyright holders has become a significant concern in this context. This research employs a normative research approach to analyze the legal foundations, policies, and practices related to royalty distribution to copyright holders in the distribution of music through the SoundOn platform on TikTok. Evaluation of royalty implementation is conducted by considering transparency, oversight, reporting, and fairness in royalty distribution. Recommendations are provided for improvements, including enhancing transparency, developing algorithms, and consulting with copyright holders. Thus, this study offers valuable insights to improve the practices of fair and sustainable royalty distribution in the digital music industry
Peran Komisi Kejaksaan Dalam Mengawasi Kinerja Kejaksaan Sebagai Pelaksana Asas Dominus Litis Dalam Penyelesaian Perkara Korupsi
Get PDFThe dominus litis principle is a principle that gives authority to the public prosecutor to control criminal cases. This principle confirms that no other body has the right to carry out prosecutions other than the public prosecutor. In the legal system in Indonesia, the principle of dominus litis is confirmed in Article 1 number 25 of Law Number 16 of 2004 concerning the Prosecutor\u27s of the Republic of Indonesia. This article states that a public prosecutor is an official who is authorized by law to act as a public prosecutor in criminal cases, especially corruption cases. Then, legal problems that arise in the field still include the practice of bribery with the aim of mitigating or even acquitting through P3 letters, fatwa issuance scandals, and exceptions to indictments to reduce sentences, so enforcement and supervision are needed to overcome this. The research uses a Normative Juridical research method and uses a Statute Approach and a Case Approach, where this research focuses on legal principles, statutory regulations, legal rules and cases related to this research. With the existence of the dominus litis principle, it is hoped that the criminal law enforcement process in Indonesia can run more effectively and efficiently. Discussion regarding law enforcement and the role of the prosecutor\u27s commission is an urgency considering that prosecutors as pioneers are expected to be in line with practice in the field, so that in the future the prosecutor\u27s office as the holder of the Dominus Litis principle does not happen again which makes a prosecutor get involved in handling a corruption case
Pengakuan dan Perlindungan Hutan Adat dalam Mewujudkan Hak Masyarakat Hukum Adat di Provinsi Kalimantan Tengah
Get PDFPenerapan hukum adat dalam pengelolaan sumber daya alam telah menjadi subjek penting dalam upaya pembangunan berkelanjutan. Peluang yang kiranya sangat berkaitan dengan penerapan hukum adat mencakup peningkatan pelestarian lingkungan, pemeliharaan keanekaragaman hayati, dan pemberdayaan masyarakat lokal. Hukum adat juga memberikan landasan bagi praktik-praktik pengelolaan yang berkelanjutan, memungkinkan adaptasi terhadap perubahan lingkungan, dan mempromosikan ketahanan lokal. Namun, penerapan hukum adat juga dihadapkan pada sejumlah tantangan. Sehingga penelitian ini bertujuan untuk mengetahui bagaimana seharusnya masyarakat adat mendapatkan perlindungan hak terhadap tantangan utama sulitnya mendapatkan pengakuan dan perlindungan hukum terhadap Hutan Adat sebagai sumber daya alam di Kalimantan Tengah menurut perspektif hukum adat. Menurut hasil penelitian, konflik kepentingan antara masyarakat adat dan pihak-pihak lainnya seperti pemerintah, serta ketidaksesuaian dengan kerangka hukum nasional menjadi pemicu permasalahan antara Masyarakat adat dan pemerintah. Dalam konteks pembangunan berkelanjutan, pemerintah seharusnya memegang kepentingan untuk memperkuat pengakuan dan perlindungan hukum terhadap hukum adat, serta memperkuat keterkaitan antara hukum adat dan hukum formal. Langkah-langkah tersebut dapat menciptakan kerangka kerja yang inklusif dan berkelanjutan bagi pengelolaan sumber daya alam, yang menghargai pengetahuan lokal, mendorong partisipasi masyarakat, dan memperkuat resiliensi ekosistem dalam rangka pengelolaan dan pemanfaatn hutan adat sebagai Upaya Pembangunan Berkelanjutan
Tinjauan Hukum terhadap Ancaman Penyebarluasan Data oleh Anak Dibawah Umur (Study Putusan Nomor:4/Pid.Sus-Anak/2022/Pn Trt, Putusan Nomor:5/Pid.Sus-Anak/2022/Pn Trt dan Putusan Nomor:7/Pid.Sus-Anak/2022/Pn Trt)
Get PDFIn an increasingly advanced digital era, minors are increasingly exposed to various technologies and access to the internet. This brings potential consequences in the form of uncontrolled data dissemination. Threats to data security and privacy are becoming increasingly pressing issues in this context. This research aims to review and analyze legal liability for personal data leakage and privacy. The research method used is a literature review that investigates the literature related to data security issues, privacy, and children\u27s behavior in the use of technology. The findings of this study show that minors tend to be unaware of the implications of their actions on data security and privacy. They often do not understand the risks associated with sharing their personal information widely. The main threats identified include: threats of violence, coercion, perpetrating a series of lies and other physical dangers. The research also highlights factors that contribute to data sharing by minors, including lack of supervision from parents or caregivers, children\u27s ignorance about data privacy and security, and high exposure to inappropriate online content. Indonesia has regulations as a legal basis in protecting children in the digital world, including Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection, Minister of Communication and Information Regulation No. 20 of 2016 concerning Personal Data Protection, and Government Regulation No. 43 of 2017 concerning the Implementation of Rostitution for children who are victims of criminal acts