UNES Law Review (Universitas Ekasakti Padang)
Not a member yet
2034 research outputs found
Sort by
Upaya Pemerintah Daerah Menertibkan Usaha Tambak Udang yang Belum Berwawasan Lingkungan (Studi kasus Kecamatan Batang Anai Kabupaten Padang Pariaman)
Get PDFThis research is motivated by the development of shrimp farming businesses, which are always growing in Batang Anai District, Padang Pariaman Regency. However, most of the shrimp ponds were built without complying with environmental legal instruments. The research method used is qualitative descriptive analysis with an empirical juridical approach in addition to a normative approach, as well as data collection techniques such as interviews, observation, literature study, and documentation. Analyzed using four components of analysis, namely data collection, data reduction, data presentation, and conclusion drawing. The results of the research obtained by the author are: Firstly, most of the shrimp farming businesses in Batang Anai sub-district are not environmentally friendly due to the difficulties of entrepreneurs in processing Amdal documents. Second, the government has made efforts to regulate shrimp farming businesses that are not yet environmentally friendly in Batang Anai District, but the efforts made by the government have not been effective. It would be better for the Regional Government of Padang Pariaman Regency to form a regional Amdal to make it easier for entrepreneurs to process business permits
Implementasi Peraturan Gubernur Provinsi Daerah Khusus Ibukota Jakarta Nomor 10 Tahun 2015 Tentang Penataan dan Pemberdayaan Pedagang Kaki Lima di Lokasi Sementara (LOKSEM) & Lokasi Binaan (LOKBIN) Kecamatan Tanah Abang
Get PDFStreet vendors are categorized as urban informal sectors that have not been accommodated in the official city plan, so it is not surprising that street vendors in the city or always become the main target of the city government to be put in order. But the fact is that various forms of policies in order to bring order to traders The street vendors that have been carried out by the city government have not run well in handling street vendors, it must be admitted that at this time there are regulations that will actually have an impact that is feared to decrease the income level of street vendors when compared to the location of origin because it is far from consumers or the target market of these street vendors. Based on the research background described above, I as a researcher decided to conduct research on the implementation of the Regulation of the Governor of the Special Capital Region of Jakarta Number 10 of 2015 concerning the Arrangement and Empowerment of Street Vendors in Temporary Locations & Assisted Locations Tanah Abang District
Perlindungan Hukum Terhadap Jual Beli Tanah yang Dilakukan dengan Itikad Baik
Get PDFLand transactions play a crucial role in social and financial aspects, particularly concerning property ownership. The integrity and good faith of involved parties in these transactions are pivotal in legal protection, especially in safeguarding well-intentioned buyers. This study aims to explore the legal framework, challenges, and outcomes regarding land transactions involving buyers with good intentions, focusing on Indonesian law. The objective is to examine the existing legal framework, challenges, and outcomes associated with such transactions to ensure fair and proper practices. This research adopts a normative approach, emphasizing an in-depth analysis of existing legal texts, court decisions related to cases involving buyers acting in good faith during land transactions, and relevant legal documents. The primary focus is on "written law," exploring statutes, government regulations, and court decisions related to these transactions. Key findings highlight the significance of good faith in contractual agreements, regulated in the Indonesian Civil Code. Buyers acting in good faith during land transactions are entitled to legal protection according to Article 1338 of the Civil Code. This principle, reinforced by Circular Letter No. 7/2012, safeguards honest buyers even when the seller lacks valid property rights. However, complexities in law enforcement arise due to conditions for valid agreements, land registration, and the pivotal role of a notary or Land Deed Official (PPAT) in the transaction process
Kompetensi Absolut dalam Badan Arbitrase Nasional Indonesia dalam Penyelesaian Sengketa Berdasarkan Perjanjian Penyaluran Tenaga Listrik (Studi Putusan Nomor: 681/Pdt.G/2019/Pn.Jkt.Sel)
Get PDFArbitration is one way between parties to resolve an arbitration based on an agreement made by the parties. Settlements using arbitration are generally made by the parties by inserting an arbitration clause into an agreement to resolve a settlement outside of court for the parties. However, in practice, the settlement for the parties is still carried out in court, which should refer to the contents of the agreement which contains an arbitration clause, then the settlement of the parties must be carried out through arbitration in accordance with the contents of the agreement agreed to by the parties, which is binding on the parties. party. So this research raises two main problems, namely how the provisions for arbitration settlement are based on the arbitration clause agreement regarding the Pactum de Compromittendo in Indonesia. Based on Law 30 of 1999 concerning arbitration and alternative settlements and what are the legal provisions in Indonesia regarding absolute competence in cases of arbitration clause agreements in Indonesia. To answer this problem, normative juridical research was carried out on study decision number: 681/PDT.G/2019/PN.JKT.SEL. Data processing is carried out qualitatively, while conclusions are drawn based on deductive logic. Based on analysis of study decision number: 681/PDT.G/2019/PN.JKT.SEL. It is known that there are agreements that contain an arbitration clause made by the parties, but the settlement is resolved through court and then the court still accepts and decides on the settlement, even though the agreement made by the parties contains an arbitration clause
Implementasi Pasal 21 Ayat (2) Huruf A Undang-Undang Nomor 5 Tahun 1990 Tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya di Bali
Get PDFThe problem in this research is why the implementation of Article 21 paragraph (2) letter a of law number 5 of 1990 has not been optimally implemented regarding living natural resources and their ecosystems in Susut District, Bangli Regency. The purpose of this study was to obtain data and analyze the factors causing the non-optimal implementation of Article 21 paragraph (2) letter a of Law Number 5 of 1990 in the case of eagle rearing by residents in Susut District, Bangli Regency, to find out and analyze the efforts made by the government. in optimizing the implementation of these regulations. The method used is descriptive with the type of normative legal research that is descriptive analysis. The technique of collecting legal materials is by studying literature, rules and literature related to the title of the study, and using a descriptive argumentative approach. The analysis uses descriptive with the theory of legal effectiveness. The results of the study indicate that the implementation of Article 21 Paragraph (2) Letter a of Law Number 5 of 1990 has not been maximized. It was found that there are still residents who keep eagles, this is caused by several factors including weak law enforcement, limited personnel on duty in the field, lack of funds provided by the government, lack of legal awareness among the community. Meanwhile, efforts that have been made by the government include conducting education and training for personnel capacity, conducting socialization of laws, conducting monitoring and investigations, managing, utilizing and preserving conservation areas, collaborating with other institutions/agencies in conservation efforts of living natural resources and their ecosystems. Efforts will be made by the government is to form a non-governmental group
Pertanggungjawaban Badan Penyelenggara Jaminan Sosial Terkait Penurunan Kelas Pelayanan Kesehatan
Get PDFInsurance is a form of transferring personal risk into shared risk. Likewise, what happened with health insurance in Indonesia which was formed based on Law Number 24 of 2011 concerning Social Security Administering Bodies. The fact is that in implementing this Law there are still many complaints from people using government insurance regarding health services both in hospitals and health services. others are not optimal. The community as participants in the Social Security Administering Agency for Health who are also consumers whose rights are not fulfilled feel that they are served in a discriminatory manner by hospitals and family doctors, of course for various reasons given. The aim of this research is to find out to what extent BPJS is responsible for reducing the class category of BPJS participants based on the premiums that have been paid. The research method used is normative juridical research which refers to library research through data collection and then data analysis and drawing conclusions based on deductive thinking methods. The place of research is not research because the nature of the research is library research. The research results show that consumers in health services often receive unfair treatment, namely not in accordance with the rights they should receive. Even though patients as consumers have the right to receive compensation, compensation and/or reimbursement for the difference in the value of contributions paid. This is clearly regulated in Law Number 8 of 1999 concerning Consumer Protection Article 4 Paragraph (8) that "Consumers have the right to receive compensation, compensation and/or replacement if the services received are not in accordance with the agreement or are not as they should be.
Analisis Yuridis Kepemilikan Hak Atas Tanah Melalui Perjanjian Nominee Oleh Warga Negara Asing di Indonesia (Studi Putusan Perkara Nomor: 2959 K/Pdt/2022)
Get PDFThe focus of this research is Decision No. 2959 K/Pdt/2022 relating to the practice of legal smuggling through the use of a nominee agreement between a foreigner (Louise Marie France) and an Indonesian citizen (Desak Nyoman Kartini) in the acquisition of a plot of land as stated in Certificate of Title No. 5030 located in the Jimbaran area, Bali. Afterwards, Desak Nyoman Kartini transferred the land to a third party through a sale and purchase transaction without the knowledge of the foreign party (Louise Marie France). The main purpose of writing this article is to examine the regulations regarding the ownership of land rights and nominee agreements in the ownership of land rights by foreigners in Indonesia. In addition, this research aims to assess the suitability of Supreme Court Decision No.2959 K/Pdt/2022 with Law No.5/1960 and its implementing regulations in Indonesia. This research uses the normative legal method (yuridis normatif), which examines and analyzes norms in the form of laws and court decisions. The research findings show that Decision Number 2959 K/Pdt/2022 has not fully complied with the provisions stipulated in Law No.5/1960 and its implementing regulations, thus not providing legal certainty for justice seekers
Persepsi Mahasiswa Terhadap Pengunduhan Film Secara Ilegal (Studi Pada Mahasiswa Fakultas Hukum Universitas X)
Get PDFCopyright infringement is often a problem that is difficult to handle properly. One example of copyright problems that are often encountered and difficult to solve is the illegal downloading of films on the internet which proves the rapid development of technology. The more sites that provide this film in circulation, the more films or works are downloaded for free, which is detrimental to the publisher of the work. The illegal accusation in Indonesia has increased along with the times, 63% of internet users in Indonesia who access illegal film sites and in the Hootsuite data, the most internet users are students. As a result of the rampant downloads on this illegal site, it has led to students\u27 perceptions of downloading movies illegally on the internet. This study aims to determine the perceptions of criminal law students towards illegal downloading. This study used a quantitative descriptive approach with a sample size of 50 criminal law students. This study aims to show that students of criminal law know that copyright law and illegal downloading is a violation of copyright tend to agree, but students do not show good action to prevent illegal downloading. Motivation in committing copyright infringement is on his own will and economic factors. As for the perception of the role of the government, students think the government is not good at completing illegal downloads, but students agree that the government helps build a culture and understanding of the community to respect the work of others
Peran Advokat dalam Penyelesaian Perkara Pidana melalui Restorative justice
Get PDFDalam penyelesaian perkara pidana terdapat beberapa teori tujuan pemidanaan yang tentunya berimplikasi secara siginifikan terhadap nilai keadilan penyelesaian perkara. Teori tujuan pemidanaan klasik yang banyak dianut oleh banyak hukum pidana di seluruh dunia dahulu adalah teori pembalasan (retributive justice). Teori pembalasan dewasa ini dianggap sudah tidak sesuai dengan perekmbangan zaman, karena hanya menekankan pada titik jera pelaku dan tidak fokus memperhatikan kerugian korban. Sehingga muncul teori tujuan pemidaan baru yang lebih fokus terhadap penggantian kerugian terhadap korban. Teori penggantian kerugian yang disebut restorative justice ini mengedepankan pemulihan keadaan korban menjadi seperti semula daripada pembalasan terhadap pelaku tindak pidana. Tulisan ini menggunakan metode penelitian yuridis normatif dan kualitatif atas data terdahulu tentang peran advokat. Hasil dari penelitian ini menemukan bahwa advokat sangat berperan penting sebagai katalisator perdamaian antara korban dan pelaku tindak pidana. Advokat berperan sebagai mediator yang bersetujuan mencapai kesepakatan ganti kerugian kepada korban dan hukuman pidana yang pantas dituntutkan kepada pelaku. Hambatan dalam perwujudan restorative justive adalah kurangnya sumber daya manusia, sarana prasarana, hingga sulitnya mencapai kesepakatan antara para stakeholder yakni korban, pelaku dan aparat penegak hukum
Violations of the Use of Sarmat Missiles as a Chemical Weapon in Armed Conflicts in International Humanitarian Law
No full textThe purpose of this work is to find out what are the regulations for the use of Sarmat missiles according to international treaties (1), what are the violations of the use of Sarmat missiles according to the Chemical Weapons Convention of 1997 (2), what is the form of responsibility for the use of Sarmat missiles according to the Weapons Convention of 1997. (3) what is the form of responsibility for the use of Sarmat missiles according to the 1997 Weapons Convention using normative legal research methods. concluded.: the efforts of countries to achieve world peace and mutual security of each country through the regulation and prohibition of chemical weapons are consistently implemented by countries, namely by establishing protocols prohibiting the use of gases that cause asphyxiation, poisonous gases / other gases in war and warfare. This method of using bacteria became known as the Geneva Protocol of 1925, the Chemical Weapons Convention of 1992, the Additional Protocol of 1977, and the Hague Convention of 1907. The existence of martial law has become a legal norm that the international community must abide by in wars and armed conflicts arising from sovereignty issues. The regulation of war and armed conflict in each UN member state is now a measure of the extent to which compliance with international humanitarian law treaties can be fairly enforced through the International Criminal Court