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All Journal Journal Equity of Law and Governance
I Nyoman Gede Sugiartha
Universitas Warmadewa, Denpasar, Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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Construction of Gross Human Rights Settlement Arrangements in the Framework of Justice and Legal Certainty in Indonesia Ni Nyoman Putri Purnama Santhi; Anak Agung Gede Oka Wisnumurti; Ni Luh Made Mahendrawati; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.72-80

Abstract

This study examines the construction of regulatory frameworks for resolving gross human rights violations within the justice system and legal certainty in Indonesia. Despite existing legislation such as Law Number 26 of 2000 on Human Rights Courts, its implementation faces significant challenges including overlapping institutional authority, inadequate supporting legal instruments, and insufficient coordination among related agencies. The research analyzes primary legal sources including the 1945 Constitution, Law No. 26/2000 on Human Rights Courts as main national legal instruments and the few others international legal instruments, that supplemented by secondary sources from academic literature and journal articles. A deductive analytical approach is employed to test the harmony of applicable legal norms and assess whether existing regulations can realize the principles of justice and legal certainty in practice. The research highlights that addressing gross human rights violations requires not only robust criminal law enforcement, but also restorative justice approaches to ensure substantive justice for victims and comprehensive legal certainty. Therefore, regulatory and institutional reconstruction integrating national legal principles and international human rights standards is essential to enhance resolution effectiveness and provide optimal protection for victims.
Justice and Legality of Dudukan in the Practice of Traditional Village Autonomy in Bali Kharisma Nanda Sattwika; I Made Suwitra; I Nyoman Sujana; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.63-71

Abstract

This study examines the fairness and legality of dudukan in the practice of customary village autonomy in Bali, particularly in the context of the implementation of Bali Provincial Regulation No. 4 of 2019 concerning Customary Villages and Governor Regulation No. 34 of 2019 concerning the Management of Customary Village Finances. Dudukan, a mandatory contribution from krama adat (traditional community members) and krama tamiu (non-traditional community members) to support traditional and social activities, often causes controversy because it is associated with illegal levies. This study aims to analyse the model, regulations, and nature of dudukan within the framework of customary law and national law. The research was conducted using a sociological legal-normative approach through interviews, literature studies, and analysis of regulations and practices in the field. The results show that, according to customary law, the dudukan has a basis of legitimacy through the customary village's pararem (customary law). However, its implementation often does not meet the principles of fairness, transparency, and legal certainty stipulated in the rule of law. It was also found that there was a difference in perception between state officials and indigenous peoples regarding the legal limits of customary levies. This study recommends the need for harmonisation between customary law and positive law, strengthening the role of local government in facilitation and supervision, and applying the principle of substantive justice so that dudukan truly functions as an instrument of welfare and social harmony for the Balinese people.
Legal Regulations on Criminal Acts of Theft Using Skimming Systems in The Banking World Today I Kadek Ari Putra; Ni Luh Made Mahendrawati; I Ketut Rai Setiabudhi; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.89-96

Abstract

Indonesia is a country based on the rule of law that adheres to Pancasila and the 1945 Constitution, guaranteeing equality before the law for all citizens. However, advances in information technology, particularly in the banking sector, have given rise to serious challenges, including digital crime, particularly the theft of personal data through skimming methods. Skimming is a cybercrime and information technology crime in which a customer's ATM card data is illegally duplicated using specialised tools. Perpetrators then use this stolen data to access and drain customer funds. This banking crime is closely related to the Electronic Information and Transactions Law (EIT Law), specifically Articles 30 and 31, which regulate illegal access and interception of electronic systems. This study adopts a normative juridical method with a literature review approach, examining various legal materials. The focus of the study is on the legal regulations governing criminal skimming technology in the national banking system. The study's results show that, although the ITE Law has become the legal basis for prosecuting skimming, there remain structural weaknesses. These weaknesses stem from a lack of clarity in the definition and scope of the offence, which ultimately creates difficulties in consistently and fairly enforcing the law. The protection of customers' personal data is emphasised in ITE Law, which makes it part of the right to privacy that banks must guarantee. Skimming perpetrators can be prosecuted under the criminal provisions of ITE Law or under Articles 362 and 363 of the Criminal Code (KUHP) on theft.
Co-Authors Anak Agung Gede Oka Wisnumurti I Kadek Ari Putra I Ketut Rai Setiabudhi I Made Suwitra I Nyoman Sujana Kharisma Nanda Sattwika Ni Luh Made Mahendrawati Ni Nyoman Putri Purnama Santhi