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[KEDUDUKAN DAN PERAN PEMBIMBING KEMASYARAKATAN DALAM PENDAMPINGAN BAGI ANAK BERHADAPAN HUKUM SEBAGAI PELAKU ]]>
<![CDATA[Andrie Irawan]]>;
<![CDATA[Muhammad Afied Hambali]]>;
<![CDATA[Yulio Iqbal Cahyo Arsetyo]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4119
<![CDATA[This research discusses the position and role of community counselors in assisting children in conflict with the law as perpetrators with limitations in their position and role in the juvenile criminal justice system. The research methodology used is juridical normative, where the research will focus on analyzing the relevant laws and regulations and their implementing regulations regarding the focus of the title of this research based on bibliographic sources. This study uses a normative juridical approach, it is to be analyzed using analytical descriptive method with a deductive research flow. The results of this study state that the position of community counselors in the juvenile criminal justice system is normatively regulated specifically in laws and regulations with regard to clear main tasks and functions, while empirically, community counselors can also be declared as law enforcers like the police, prosecutors, judges and advocates. With regard to the role of community advisors in the juvenile criminal justice system, it can be seen in their presence in state detention centers and courts which generally play a role in assisting and facilitating clients (children who are in conflict with the law as perpetrators) in dealing with various problems and cases faced by clients.]]>
<![CDATA[THE URGENCY OF LEGAL PROTECTION TO THE WOMAN AND CHILDREN EXPLOITATION IN THE NEW BROADCASTER AND SOCIAL MEDIA ]]>
<![CDATA[Sapto Budoyo]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4169
<![CDATA[The Development of technology and social media have an impact on the women and children matters in a public sphere. Verbal violence against women and children being a crucial matters in a social media and broadcast platform, therefore legal protection is needed for woman and children against those actions. This research consist of two points there are the urgency of legal protection for woman and children in exploitation and discrimination in the broadcast and social media in Indonesia. This research using normative legal methods with analytical descriptive based on library research. The result of this research shows that the urgency of legal protection needed on woman and children’s exploitation and discrimination in broadcast and social media platform due to Indonesia has ratified CEDAW through Law Number7 of 1984 concerning on the ratification of CEDAW. The implementation of legal protection on the woman and children’s exploitation and discrimination in Indonesia’s social media and broadcast platform has not been optimal. This problem due to the gap between enforcement officers, and society’s role with the prevention and handling children and women’s exploitation and discrimination cases in social media and broadcast platform.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP HAK KEKAYAAN INTELEKTUAL (HKI) DALAM KEMITRAAN VIRTUAL HOTEL OPERATOR (VHO) ]]>
<![CDATA[Zeehan Fuad Attamimi]]>;
<![CDATA[Fadhil Umar]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4220
<![CDATA[The hotel business has developed using a modern cooperation system called the Virtual Hotel Operator (VHO). VHO places its brand name on its partner hotels, so that there is a dualism of brands that can be known by the public, namely the VHO brand and the personal Hotel brand. The purpose of this study is to examine and analyze the juridical property of Intellectual Property Rights (IPR) in the Virtual Hotel Operator (VHO) partnership. This research is a normative juridical method or a doctrinal legal research method, using a statutory and conceptual approach. The form of partnership carried out by Virtual Hotel Operators (VHO) in Indonesia does not contain elements of IPR in it, therefore it needs to be considered because of the consequences of the agreement made by both parties.Keywords: Intellectual Property Rights (IPR), Hospitality Industry, Virtual Hotel Operator (VHO)]]>
<![CDATA[TEORI KEADILAN RESTORATIF (RESTORATIVE JUSTICE) SEBAGAI UPAYA PELINDUNGAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (STUDI PENYELESAIAN KASUS PIDANA ANAK DI POLRES TANJUNG PINANG) ]]>
<![CDATA[Tiara Annisa Pri Elja]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4226
<![CDATA[This study discusses the position of restorative justice theory in the regulation and application of juvenile criminal acts. There are several other studies related to the discourse discussed in this study. but by looking at these studies, this paper explores the position of restorative justice theory in the regulation and application of juvenile crimes.This research is a normative legal research using a statutory, conceptual, and case approach. the legal sources used are primary legal sources used are laws and regulations relating to the topic of this research. and also uses several other legal sources, namely secondary legal sources in the form of journals, books and literature related to this research.The analysis in this study uses qualitative analysis, namely the analysis of the data obtained for research using the technical analysis of qualitative data is generally subjective. In qualitative research, researchers get data from many sources and use many methods as is the case with several literatures, books, journals related to this research. This study discusses 1) the Urgency of Restorative Justice in Handling Cases of Children Dealing with and 2) Barriers to the Application of Restorative Justice in Criminal Cases of Children Confronting the Law at the Tanjungpinang Police.]]>
<![CDATA[PELAKSANAAN PENGELOLAAN ZAKAT HARTA (MAL) SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2011 DI KOTA YOGYAKARTA ]]>
<![CDATA[Satrio Abdillah]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4253
<![CDATA[Zakat on wealth is Zakat that is given to people who are less able to help welfare and clean up the wealth of mankind. The purpose of this study is to find out the existence of a close relationship between government and zakat and to find out errors or weaknesses in Law Number 23 of 2011 that can harm parties who have noble goals. The research method used in this study is a normative juridical method. Data analysis was carried out in a qualitative descriptive manner, namely the data obtained were presented descriptively and analyzed qualitatively. The results of the study indicate that the management of zakat in the city of Yogyakarta is not effective, the mechanism mandated in the law alone does not work, but all elements and elements involved in the implementation of zakat management in the city of Yogyakarta are still running. It can be concluded that the articles that have the potential to harm the zakat amil in the city of Yogyakarta are not running well, even there are no or no cases of sanctions in the form of fines, confinement or other administrative sanctions to zakat amil for violations mandated in the legislation.]]>
<![CDATA[AZAS KESEIMBANGAN TERHADAP PRAKTEK PERJANJIAN SEWA BELI PADA LEMBAGA PEMBIAYAAN (FINANCE) ]]>
<![CDATA[Rosyidi Hamzah]]>;
<![CDATA[Sridevi Ayunda]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4255
<![CDATA[The practice of leasing is mostly carried out by financial institutions in running their business. The lease purchase stands on the agreement that has been agreed by the parties. The debtor is required to pay installments in the form of rent to the creditor and if lease-purchase installments have been fulfilled in accordance with agreement, the object of the lease-purchase is automatically purchased by the debtor. If the debtor defaults in paying the rent installments, the creditor can withdraw the object of the lease anytime and anywhere because the object of the lease still belongs to the creditor. The problem that occurs in the lease purchase agreement is that when the debtor defaults and the object of the lease is withdrawn by the creditor, the debtor no longer has the right to the rental installments that he has paid so far, so the expectations of the debtor to have the object is lost and the rent installments are also lost. The equality in the purchase agreement must be applied in the lease purchase agreement. The legal vacuum in the practice of leasing must be filled by creating new laws in the field of leasing. Keywords: Purchase, Legal Vacuum, Equality]]>
<![CDATA[URGENSI SISTEM E-VOTING DAN SIREKAP DALAM PENYELENGGARAAN PEMILU 2024 ]]>
<![CDATA[Marzellina Hardiyanti]]>;
<![CDATA[Praditya Arcy Pratama]]>;
<![CDATA[Aura Diva Saputra]]>;
<![CDATA[Mila Mar’atus Sholehah]]>;
<![CDATA[M. Rizieq Aditya R]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4257
<![CDATA[Along with technological advances, there is a discourse about to use of a technology-based electoral system. Indonesia's geographical condition, which is not yet in all regions ready to hold technology-based elections, encourages integration between the E-Voting system and Sirekap. This research has 3 problems, namely (1) the urgency of the e-voting and Sirekap system in the 2024 general election, (2) the advantages and disadvantages of the e-voting and Sirekap system, and (3) efforts to integrate the e-voting and Sirekap system. in the administration of democratic elections. This study uses a juridical-normative method through a statutory approach and a descriptive-analytical analysis method. The results of this study state that the urgency of the need for the integration of the e-voting systems, among others, is that these two systems are considered capable of realizing accountability and transparency of vote counting during simultaneous elections. and Sirekap the process of sending ballots, while the weakness of these two systems is the uneven distribution of the internet network throughout Indonesia so that it can hinder the implementation of this electronic-based election. Efforts to integrate the e-voting and Sirekap systems are by combining these two systems based on the needs of each region.]]>
<![CDATA[TINJAUAN PERLINDUNGAN KARAKTER FIKSI MELALUI MEREK BERDASARKAN STUDY KASUS SENGKETA MEREK SUPER MARIO BROSi ]]>
<![CDATA[Sri Arlina]]>;
<![CDATA[Radian Suparba]]>;
<![CDATA[Teguh Rama Prasja]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4274
<![CDATA[The case of a fictional character who became a trademarks is the case of the "Super Mario Bros" trademarks in which individual trademarks holders, Indonesian companies and the Director General of Intellectual Property were sued by a well-known game company, Nintendo. The crew of 'mario bros' characters were used as packaging designs and characters in the game, but because the game has been loved by people in countries such as Australia, Malaysia, India, China, including Indonesia in the 90s (nineties), Nintendo decided to register the character. "super mario bros" and its variants use trademark registration media. This means that the Nintendo company avoids legal turmoil caused by irresponsible parties to use fictional characters have sold tens of thousands of copies.However, even though it has been registered, there are still parties who have managed to get the rights to the brand with the "Super Mario Bros" logo. Registered in 1994 in the name of an individual or individual before being transferred to a legal entity or company.]]>
<![CDATA[PENERAPAN PIDANA PADA PENGULANGAN PENGGUNAAN NARKOTIKA BAGI PENYALAHGUNA PASCA REHABILITASI ]]>
<![CDATA[Linda Ikawati]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4295
<![CDATA[Narcotics are addictive substances that generally affect consciousness and have side effects in causing severe dependence on the user. So with this it is not imaginary to make users justify any means to get it back to satisfy this dependence. The use of narcotics is strictly prohibited in Indonesia, thus making a special classification for anyone involved in narcotics crime to facilitate the imposition of sanctions and it is hoped that with this classification the sanctions imposed are more targeted. This study uses a normative juridical method which refers to secondary data in the form of normative rules, both laws and regulations, doctrines, theories, and results from other researchers. In this study, it was found that the perpetrators of repeated use of narcotics for post-rehabilitation abusers were classified as abusers so that according to Article 127 of the Narcotics Law, apart from having to carry out the rehabilitation process, they must also continue to carry out the rest of the crime as regulated in the article which has been decided by a judge who has persists.]]>
<![CDATA[PELAKSANAAN HAK KEKAYAAN INTELEKTUAL DALAM KERANGKA PEMBANGUNAN BUDAYA HUKUM (DISKURSUS FILOSOFIS KEBERADAAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA) ]]>
<![CDATA[Roni Sahindra]]>
<![CDATA[ JOURNAL EQUITABLE Vol 7 No 2 (2022) ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau ]]>
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DOI: 10.37859/jeq.v7i2.4320
<![CDATA[The basic assumption is that IPR protection is still considered foreign according to Indonesian culture. Thus, it is necessary to have a deep understanding of the philosophical basis and historical development of IPR protection as a medium for the Government to formulate policies that are in accordance with Indonesia's national development interests. The research method is normative juridical which is qualitative in nature with the main source of secondary data being carried out in this study, with a descriptive purpose. Through this research, it is concluded that until now IPR protection is needed in Indonesia in order to improve people's welfare. This is due to the fact that the need for IPR protection is a basic human trait based on the desire to gain respect, a decent living and independence in the economy. However, various policy adjustments are needed in the economic, social and cultural fields, in order to increase the effectiveness and efficiency of IPR protection in Indonesia. The reason for this view is that there is an allegation that the problem of poverty and the social and cultural conditions of the community have a very large influence on the acceptability and quality level of law enforcement]]>
