JOURNAL EQUITABLE
JOURNAL EQUITABLE is a scientific journal for the field of Law published by the Law Study Program of the Faculty of Law, University of Muhammadiyah Riau. Journal Equitable has the content in the form of research results and reviews in selected fields of study covering various branches of law, such as criminal law, civil law, constitutional law, agrarian law, and others. In the Journal Equitable also contains fields of study related to law in a broad sense.
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<![CDATA[POTENSI INTEGRASI PRINSIP UTMOST GOOD FAITH DAN PRINSIP SHIDDIQ MENGGUNAKAN ARTIFICIAL INTELLIGENCE ]]>
<![CDATA[Utomo, Damar Sugeng]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.8512
<![CDATA[Utmost good faith principle in indonesia is often associated with good faith principle of the parties. In fact, good faith is an intention that is necessarily visible. Not only that, in Islam also known muamalah principle named shiddiq or honesty based on Quran. Both of this principle are often violated by insured which result in the cancellation of the insurance agreement. As one of many solution, insurance business actor can use artificial intelligence which able to process data more accurate and provide recommendations based on thousands or even millions of data available or provided as a source of processing. With the existence of such artificial intelligence, it is hoped to encourage the honesty of the insured parties so that sharia insurance contract are truly implemented based on consent of the parties, and still prioritize Islamic convey of truth, bot visible and what is not visible yet. This research examines the possibility of using artificial intelligence to check the honesty of the insured. This research was conducted using normative legal research methods. In this research, it was found that artificial intelligence can be used by insurance companies to get input so that they can measure the honesty and openness conveyed by the insured in sharia insurance, even though the final decision is still made by humans.]]>
<![CDATA[PENYELESAIAN MASALAH PENERBITAN SERTIPIKAT BERDASARKAN PEMALSUAN SURAT OLEH KANTOR PERTANAHAN ]]>
<![CDATA[Manurung, Ahmath Indra Fernando]]>;
<![CDATA[Setyadji, Sri]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.8802
<![CDATA[Obtaining legal certainty over land is a right of every citizen, and numerous cases of document forgery have plagued the ranks of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). To resolve land disputes, strategic policies are needed with the aim of providing legal certainty and justice regarding the control, ownership, use, and utilization of land. Resolution is carried out based on the ministry's initiative or complaints from the public to the relevant ministry. Coordination between the ministry and the Regency/Municipal Land Office is essential to collect data, conduct analysis, and provide recommendations for case resolution. Land certificates may be annulled due to administrative reasons and miscalculations of land area. The annulment of certificates can be executed through a court decision or by the Ministry of ATR/BPN. In certificate annulment, the contrarius actus principle is applied, meaning that the administrative body or official that issued the decision also has the authority to revoke it. The annulment of legal products is conducted if there is an administrative and/or legal defect as stipulated in Article 35 of the Ministerial Regulation of ATR/Head of BPN No. 21/2020. In administrative law, the Ministry of ATR/BPN plays a crucial role in determining the authority of officials and ensuring legal certainty.]]>
<![CDATA[GAGASAN PEMBERIAN HAK PISTOLE TERHADAP NARAPIDANA LANJUT USIA YANG DIJATUHI PIDANA PENJARA ]]>
<![CDATA[Amirah, Kamilia]]>;
<![CDATA[Erdiansyah, Erdiansyah]]>;
<![CDATA[Andrikasmi, Sukamarriko]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.8970
<![CDATA[The large number of elderly people and predicted to increase every year has led Indonesia to an era ofaging population structure. This has an impact on the increase in the number of elderly prison inmates.The problem of overcapacity which is also in line with the problem of overbudgeting ultimately disrupts thefulfillment of their rights as vulnerable groups in correctional institutions. In fact, the only right that istaken away from prison inmates is freedom, so their other basic rights must still be respected. This type ofresearch can be classified into the type of normative legal research using data sources in the form ofsecondary data with data collection techniques using the literature review method. Then, the data isanalyzed and processed qualitatively, and produces descriptive data to then be concluded deductively.From the research results, there are two main things that can be concluded, first, there are four urgenciesof the idea, such are the increase in the number of elderly people has implications for the increase in thenumber of elderly prison inmates, the elderly as a vulnerable group guaranteed by law, changes in theconcept of prisons that seek to change criminal law to be more humanist by prioritizing humane treatmentof prison inmates, and the problem of prioritizing humane treatment of prisoners as an effort to makecriminal law more humanist. Second, the ideal idea of giving pistole rights to elderly prison inmates.]]>
<![CDATA[REVISI SANKSI DENDA ADMINISTRATIF MENURUT HUKUM PERSAINGAN USAHA INDONESIA PASCA UNDANG-UNDANG CIPTA KERJA : SUATU ANALISIS HUKUM ]]>
<![CDATA[Apriani, Desi]]>;
<![CDATA[Idris, Zulherman]]>;
<![CDATA[Kurniasih, Esy]]>;
<![CDATA[Sinaga, Pandu]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9045
<![CDATA[After the Job Creation Law, there have been substantive changes to Indonesia's business competition law,one of which is related to administrative sanctions in the form of fines. The change in the fine sanctionwas then followed up through a government regulation which actually caused confusion about themaximum fine limit and caused criticism from business economic observers of the law of competition, soit is necessary to conduct in-depth research from the aspect of legal analysis to get answers to theconfusion and offer a conceptual solution towards an effective business competition law. This research isa normative legal research with a legislative, conceptual, and philosophical approach. Based on theresults of the research, it can be explained that the philosophy of changing the administrative finesanction is in line with the philosophy of the Job Creation Law, namely maintaining investment interestsand the interests of labor. However, legally and based on data, the provision of a maximum fine of only50% of net profit or 10% of sales turnover during the occurrence of a violation is seen as not having adeterrent effect in order to prevent the occurrence of monopoly practices and unfair business competitionas one of the objectives of the law. The author suggests that a more in-depth study be carried out on theformulation of administrative fine sanctions in the context of the development of business competition lawin the future by paying more attention to the interests of many parties.]]>
<![CDATA[EKSISTENSI TINDAK PIDANA PENIPUAN (BEDROG) DALAM PASAL 378 KUHP DI ERA DIGITAL ]]>
<![CDATA[Al Miski, Yusran Radyamal]]>;
<![CDATA[Putra, Satria Manggala]]>;
<![CDATA[Purwanto, Muhammad Iqbal]]>;
<![CDATA[Luthfiyyah, Syadza]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9072
<![CDATA[The advancement of digital technology has given rise to new and complex modes of fraudulent crime, necessitating an evaluation of the relevance of Article 378 of the Indonesian Criminal Code (KUHP) as a legal basis. This study aims to analyze the compatibility of conventional fraud elements under the KUHP with the characteristics of digital fraud and the challenges in its enforcement. The research employs a normative juridical approach through literature review and case analysis. The findings indicate that while Article 378 KUHP can be applied to digital fraud through broad interpretation, significant challenges remain, including perpetrator anonymity, cross-jurisdictional issues, and the need for digital evidence. Supporting regulations such as the ITE Law and the draft revision of the Criminal Code (RKUHP) play a role in expanding legal protection, yet policy updates are required to address legal gaps. The study concludes that Article 378 KUHP remains relevant but requires adaptation through dynamic interpretation and harmonization with specialized cybercrime regulations.]]>
<![CDATA[CHALLENGES OF PROVING CHANGE OF CUSTOMARY PERSONAL LAW IN INTESTATE SUCCESSION IN NIGERIA: RE-VISITING OLOWU .V. OLOWU AND THE CONCEPT OF ACCULTURATION ]]>
<![CDATA[Omolola, Mohammed-Lawal Kafilat]]>;
<![CDATA[Oluwakemi, Akanbi Khairat]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9145
<![CDATA[The rules governing change of personal law are usually domicile, change of nationality or change of religion depending on the nature of personal law. However the Supreme Court of Nigeria in Olowu v. Olowu recognised that personal law could also be changed by the adoption of a new culture; a process described by the Supreme as culturalization/acculturation. Inspite of the innovation introduced through this decision, the decision did not include a proper criteria for determining when a person could be said to have changed his culture. This paper therefore examined the general criteria for change of personal law under the conflict of laws and their relevance to change of customary law. The study found that while the principle of acculturation is an important innovation, the absence of clear guidelines for its application could impair its effectiveness. It was recommended that other principles that are used to determine change of personal law under conflict of law rules have become fairly certain having benefited from long usage and consistent judicial pronouncement. Acculturation on the other hand has not accrued the benefits of long usage. However leaving its subsequent development to judicial pronouncement could further complicate its development. It is therefore recommended that legislative intervention is necessary to regulate its development. This would ensure consistency and certainty of the law.]]>
<![CDATA[ANALISIS DAMPAK PERPANJANGAN MASA JABATAN KEPALA DESA TERHADAP PENGELOLAAN SUMBER DAYA DAN KINERJA PERANGKAT DI DESA GANDON KECAMATAN KALORAN KABUPATEN TEMANGGUNG ]]>
<![CDATA[Abdurrahman, Danna Muhamad Bagas]]>;
<![CDATA[Muhtada, Dani]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9153
<![CDATA[This study aims to analyze the effect of the extension of the term of office of the village head on resource management and the performance of village officials in Gandon Village, Kaloran Subdistrict, Temanggung Regency. The formulation of the problem raised includes the effect of the extension of the term of office on the management of village resources and the performance of village officials. The method used in this research is empirical juridical research with a statutory approach and interviews as data collection techniques. The results showed that the extension of the term of office of the village head can provide stability in leadership, which supports more effective planning and implementation of development programs. However, there are challenges in the form of potential delays in elite circulation and gaps in technological understanding among village officials. Community involvement in the decision-making process and transparency in village financial management are important factors to maintain public accountability and participation. This study recommends the need for training for village officials and increased community participation to achieve better development outcomes in the village.]]>
<![CDATA[PERLINDUNGAN ANAK TERHADAP AKSESIBILITAS INTERNET BERDASARKAN UNDANG-UNDANG NOMOR UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 27 TAHUN 2022 TENTANG PELINDUNGAN DATA PRIBADI ]]>
<![CDATA[Wikutomo, Prakoso]]>;
<![CDATA[Hamsyah Permana, Fauzan]]>;
<![CDATA[Hari Perdhana, Muhammad]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9214
<![CDATA[This study examines the protection of children’s personal data in the context of internet accessibility based on Law Number 27 of 2022 on Personal Data Protection (UU PDP). The main issues discussed are the absence of a clear legal definition of children's data and the lack of specific provisions regarding the form of parental consent in data processing. This normative legal research employs a descriptive-analytical approach by examining legislation and comparing it with the European Union’s regulations, particularly the General Data Protection Regulation (GDPR) and the UK Children’s Code. The results indicate that the Indonesian PDP Law provides insufficient protection for children due to its abstract nature and the absence of implementing technical guidelines. In contrast, the GDPR offers a comprehensive regulatory framework that centers on the best interests of the child. Therefore, it is necessary to reformulate national policy to explicitly address children’s digital rights and establish a verifiable consent mechanism that is legally enforceable.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP NELAYAN PELAKU PENGGUNA JARING HELA DI WILAYAH KABUPATEN ROKAN HILIR DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 45 TAHUN 2009 TENTANG PERUBAHAN ATAS UNDANG- UNDANG NOMOR 31 TAHUN 2004 TENTANG PERIKANAN ]]>
<![CDATA[Hidayat, Rahmat]]>;
<![CDATA[Harahap , Irawan]]>;
<![CDATA[Oktapani, Slim]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9215
<![CDATA[The implementation of law enforcement in the fisheries sector is very important and strategic in order to support the development of fisheries in a controlled manner and in accordance with the principles of fisheries management. the aim of this research is to analyze how law enforcement is carried out against fishermen who use cast nets in the Rokan downstream district in terms of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries and to analyze the obstacles and efforts in enforcing the law against fishermen who use them. heaving nets in the downstream Rokan district area are reviewed from Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, law enforcement processes also considering aspects of guidance and deterrent effects, the imposition of criminal sanctions, the perpetrators are also given an understanding of the impact of the use of illegal fishing gear on the sustainability of the marine environment. The main obstacle faced is limited monitoring infrastructure because the water area that must be monitored is very large, while the number of patrol boats and personnel is limited. Efforts to overcome obstacles in enforcing the law on fly net users in the waters of the downstream Rokan district are by providing special training to improve the ability to identify and handling illegal fishing gear.]]>
<![CDATA[URGENSI PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL PADA PLATFORM MEDIA SOSIAL ]]>
<![CDATA[Aksar, Aksar]]>;
<![CDATA[Fatwa, Indra]]>;
<![CDATA[Farras, Aqil]]>;
<![CDATA[Aziz, Abdul]]>
<![CDATA[ JOURNAL EQUITABLE Vol 10 No 2 (2025) ]]>
Publisher : <![CDATA[LPPM, Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v10i2.9230
<![CDATA[The rapid development of digital technology has significantly transformed how individuals and institutions distribute and access intellectual works. Social media platforms have become primary spaces for the dissemination of creative content, but they also present new challenges in the protection of Intellectual Property Rights (IPR). The increasing incidents of violations such as plagiarism, digital piracy, and unauthorized distribution highlight gaps in the current legal protection systems. This study aims to examine the urgency of establishing and enforcing adaptive IPR regulations that align with the dynamics of social media in the digital era. Using a normative juridical approach and literature analysis, the research finds that existing regulations are insufficient to address the complexity of IPR infringements in digital environments. Therefore, legal policy reform, cross-sector collaboration, and improved public digital literacy are essential to building a fair and equitable social media ecosystem for content creators.]]>
