UNES Law Review (Universitas Ekasakti Padang)
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    1200 research outputs found

    Upaya Pemerintah Daerah Menertibkan Usaha Tambak Udang yang Belum Berwawasan Lingkungan (Studi kasus Kecamatan Batang Anai Kabupaten Padang Pariaman)

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    This 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

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    Street 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

    Penerapan Prinsip Non Diskriminasi dan Kesetaraan dalam Pengelolaan Perguruan Tinggi Swasta

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    Prinsip non diskriminasi wajib diterapkan oleh Perguruan Tinggi Swasta, tanpa memandang siapa pendiri atau pemiliknya atau agama, budaya dan/atau ras  yang dianut atau dimiliki oleh pendiri Perguruan Tinggi Swasta itu. Penerapan prinsip non diskriminasi dan kesetaraan dalam pengelolaan Perguruan Tinggi Swasta dapat dilakukan melalui 2 (dua) hal, yakni kurikulum harus memuat pendidikan agama menurut keyakinan peserta didik, bukan keyakinan pendiri dan persyaratan seleksi, pemilihan dan pengangkatan pejabat di lingkungan Perguruan Tinggi Swasta tidak bersifat diskriminatif. Perguruan Tinggi Swasta yang tidak menerapkan prinsip non diskriminasi dan kesetaraan dapat mengakibatkan Perguruan Tinggi Swasta itu dikenakan sanksi administrasi dan perseorangan, organisasi dan penyelenggara Perguruan Tinggi Swasta dikenakan sanksi pidan

    Perlindungan Hukum Pejabat Pembuat Akta Tanah Atas Ketidaksesuaian Hasil Pengecekan Sertipikat Oleh Badan Pertanahan Nasional

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    The results of checking the certificate by the National Land Agency stating that the certificate is the same as the physical certificate issued by the National Land Agency is a mandatory requirement before the Land Deed Making Official makes a Deed for the transfer of land rights. But what about the results of the check which turns out to be inconsistent with the original condition of the certificate and results in the transfer of rights not being able to continue? Based on this background, the researcher used normative juridical research methods, in this case Land Deed Making Officials do not yet have clear enough legal protection for their profession, on the other hand, in carrying out their mandate as Public Officials, especially if there are cases or disputes related to the transfer of land rights

    Peran NGO (Non-Governmental Organization) dalam Pengimplementasian Urban Farming Sebagai Strategi Adaptasi Di Kecamatan Koto Tangah, Kota Padang

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    Urban farming has the potential to increase family knowledge in disaster preparedness. Through urban farming practices, families can gain relevant knowledge and skills to better deal with disasters. In the context of coastal communities in Koto Tangah subdistrict in Padang City which are vulnerable to disasters such as earthquakes and floods, urban farming can be an effective strategy in preparing families to face emergency situations. Urban farming has become a vital strategy in dealing with climate change and increasing food security in various urban communities. In this context, Non-Governmental Organizations (NGOs) play a central role in implementing and expanding urban farming practices. This research focuses on the role of NGOs in implementing urban farming in Koto Tangah District, Padang City. NGOs act as policy advocates, mobilizing support and driving change in urban agricultural management. Training organized by NGOs increases community knowledge and skills related to urban farming, creating positive behavioral changes. Effective outreach increases understanding of the sustainability and benefits of urban farming. In seeding and planting activities, NGOs provide significant support through the distribution of planting media, seeds and fertilizer. This results in increased capacity, confidence and savings in family expenses. Overall, the role of NGOs in urban farming in Koto Tangah District not only creates a practical transformation in food production, but also has a positive impact on awareness, disaster preparedness and environmental sustainability. This research provides a holistic picture of how NGO interventions can be a catalyst for change in urban communities through the implementation of urban farming

    Prinsip Individualisasi Pidana Dalam Penempatan Narapidana Berdasarkan Jenis Kejahatan

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    The development of prisoners in prison aims to foster prisoners so that they do not repeat their crimes and become better individuals so that they can be accepted back into society. In fostering prisoners, the classification of prisoners must be applied. The classification of prisoners is an application of the principle of individualization. The principle of individualization of punishment is one part of the purpose of punishment. Article 12 of Law Number 12 Year 1995 on Corrections once regulated the classification of prisoners based on the type of crime. In its amendment, namely in Article 36 paragraph (4) of Law Number 22 Year 2022 on Corrections, it no longer regulates the classification of prisoners based on the type of crime. The placement of prisoners is only classified based on age and gender or other reasons based on risk assessment

    Pengaruh Reformasi Perpajakan terhadap Kepatuhan Wajib Pajak di Indonesia

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    The purpose of this study is to investigate the impact of tax reform on the degree of taxpayer compliance in Indonesia. Using normative juridical methodologies, this paper examines Indonesia's most recent legislation and tax policies. The primary focus is on tax system modifications, which include administrative features, tax rates, and reporting procedures. Tax compliance data has been examined before and after the adoption of tax reform. According to the findings of the study, tax reform has a considerable impact on improving the Voluntary Complience. This is especially noticeable when the tax administration process is made more efficient and procedures are simplified. This study also noted several issues, including the need to raise tax awareness and strengthen the tax enforcement system. This study provides recommendations for strengthening tax reform methods to maximize tax revenues and taxpayer compliance in Indonesia

    Tanggung Jawab Pihak Pengelola Aplikasi Jual Beli Online (Shopee) Terhadap Penjualan Produk Tiruan Merek Terkenal

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    This study aims to determine the responsibility of the manager of the online buying and selling application (Shopee) for the sale of counterfeit products of well-known brands and legal protection for owners of well-known brands in selling counterfeit products through online buying and selling applications (shopee). The type of research used is normative legal research. The object of study in this research is the Civil Code, Law Number 20 of 2016 concerning Marks and Geographical Indications, Law Number 19 of 2016 concerning Information and Electronic Transactions, law books and legal journals from various media related to this research. The results of this study indicate that the responsibility of the manager of the Shopee buying and selling application is to sell famous brand counterfeit products. In the form of action if there is a report from the owner of IPR or in the sense of the owner of a well-known mark. The legal protection of well-known brand owners is contained in Law Number 20 of 2016 concerning Marks and Geographical Indications where in the event of a trademark violation in the Shopee online buying and selling application, it is repressive protection in the form of being able to file a lawsuit against article 83 paragraph (1) and also article 1365 of the Civil Code. This proves that saving legal loopholes when infringement of well-known marks is an initiative of the brand owner, and the absence of preventive protection in the form of prudence and responsibility to protect well-known brand owners, thereby harming brand owners when their brand products are imitated and traded without rights in buying and selling applications. online shopee

    Saksi Pelaku yang Bekerjasama pada Pengungkapan Kasus Tindak Pidana Pembunuhan Berencana dalam Sistem Peradilan Pidana (Studi Putusan Nomor: 798/PID.B/2022/PN.JKT.SEL)

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    This research aims to determine and analyze the regulations regarding cooperating perpetrator witnesses as the basis for judicial consideration in determining the status of cooperating perpetrator witnesses in the disclosure of premeditated murder cases in decision number 798/Pid.b/2022/PN.Jkt.Sel. Additionally, the study explores the extent of the involvement of cooperating perpetrator witnesses in general criminal offenses as a form of legal discovery. The research method employed is normative research using a case and legal approach to analyze primary legal materials, such as the court decision number 798/Pid.b/2022/PN.Jkt.Sel, and the Law No. 31 of 2014, SEMA 4 of 2011, and Joint Regulations of 2011. The results of the research indicate that, first: the regulation of cooperating perpetrator witnesses applies only to specific criminal offenses as mentioned. However, the judge's considerations in the a quo decision state that the Defendant Eliezer deserves to be designated as a cooperating perpetrator witness in the premeditated murder case based on the explanation in Article 5 Paragraph (2) of Law No. 31 of 2014 and later other conditions in Article 28 Paragraph (2). Second: Due to the complexity of disclosing serious and organized general criminal cases (casuistic), the conditions regarding the types of penalties are expanded for general criminal offenses with specified limitations

    Pertimbangan Hakim Menjatuhkan Pidana Terhadap Turut Serta dalam Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial (Studi Kasus Putusan Pengadilan Negeri Padang Nomor 700/Pid.Sus/2020/PN Pdg)

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    In the practice of law enforcement against criminal acts of defamation through social media in the jurisdiction of the Padangv District Court, we can see the judge's decision to sentence the defendant to prison for violating the ITE Law. The judge in decision Number 700/Pid.Sus/2020/PN Pdg on behalf of Robby Putra Eryus, nicknamed Robby, was legally and convincingly proven to have committed a violation against. Article 27 paragraph (3) of the ITE Law in conjunction with Article 56 paragraph of the Criminal Code. This research is normative juridical research using secondary data. This research is a descriptive analysis. The research results show that: 1. The judge's consideration in imposing a conditional sentence on the defendant was based on the consideration that the defendant's actions were carried out not only for the defendant's personal interests but also for the interests of society, which were related to humanity, in this case because of community service. 2. The perspective of justice assesses that the criminal penalties imposed on those involved are in accordance with the views and principles of justice, especially according to Rawls

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