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INDONESIA
JOURNAL EQUITABLE
Published by Universitas Muhammadiyah Riau
ISSN : 25417037     EISSN : 26142643     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 220 Documents
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THE CRIMINALIZATION POLICY AGAINST PLAGIARISM IS LINKED TO LEGAL PROTECTION IN INDONESIA Dinata, Umar; Aksar, Aksar; Santoso , Mulia Akbar
JOURNAL EQUITABLE Vol 9 No 2 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i2.7079

Abstract

Plagiarism is not only a violation of the law, but also a violation of Moral Rights, especially when the identity of the author is not mentioned intentionally in the quotation, which is a violation of moral rights. In the context of Copyright, respect for moral rights requires citations from other people's work to be accompanied by clear sources. Plagiarism is considered one of the greatest sins in academia because it threatens the authenticity of the work and scientific integrity. Copyright is usually violated if the material is done without permission from the exclusive rights owner, the purpose of this study is to examine and analyze related to the urgency of legal protection to the copyright owner of scientific works against plagiarism, and to analyze the ideal concept of criminalization policy against plagiarism of scientific work copyright owners in Indonesia in the future, This research method uses normative juridical research methods, the results of this study found that legal protection of copyright owners of scientific works against plagiarism is very important in maintaining academic and scientific integrity. Copyright provides comprehensive protection of the work, covering the economic and moral aspects of the creator. Criminal law reform needs to clarify the provisions governing plagiarism, including the explicit use of the term "plagiarism" in the Copyright Law, changing the type of offense to ordinary types of offenses to increase the effectiveness of law enforcement, and imposing strict criminal sanctions against plagiarism perpetrators.
ANALISA HUKUM DALAM HAK ASASI MANUSIA DARI PERSPEKTIF PANCASILA TERHADAP PELANGGARAN HAK ASASI MANUSIA DI PROVINSI PAPUA BARAT Grosman, Kingkel Panah; Takwa, Tuah Kalti
JOURNAL EQUITABLE Vol 9 No 2 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i2.7145

Abstract

Konsep negara hukum di Indonesia didasarkan pada Pancasila. Perlindungan hak asasi manusia atas seluruh warga negaranya merupakan salah satu ciri yang harus dipenuhi oleh negara dalam mengimplementasikan konsep negara hukum. Tujuan dari penelitian ini adalah, untuk mengetahui hak asasi manusia dari perspektif pancasila terhadap pelanggaran hak asasi manusia di provinsi papua barat. Instrument hukum hak asasi manusia untuk melindungi dan menegakan HAM yang dimiliki Negara republic Indonesia, Yakini: 1) UUD 1945 bererta amandemennya 2) Ketetapan MPR No. XVII/MPR/1998 3) UU No. 39 Tahun 1999 tentang Hak Asasi Manusia 4) UU No. 26 Tahun 2000 tentang pengadilan HAM 5) UU No. 40 2008 tentang penghapusan Diskriminasi Ras dan Etnis 6) UU No. 7 Tahun 2012 tentang penanganan konflik Sosial 7) Peraturan perundang-undangan nasional lainya yang terkait. Prinsip-prinsip Pancasila sebagai sumber nilai HAM tertuang dalam UUD 1945 Republik Indonesia yang kemudian dapat ditemukan dalam beberapa pasal dari Batang Tubuh UUD, di antaranya:1. Pasal 27 ayat (1), 2. Pasal 28,Pasal 29 ayat (2) 3. Pasal 30 ayat (1).
QUESTIONING PKPU REPEATEDLY IN THE MIDST OF THE RAMPANT PKPU APPLICATION AS AN ALTERNATIVE TO DEBTOR DEBT SETTLEMENT Nurhabsari, Irdinta Nurhabsari
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.7156

Abstract

Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations ("Bankruptcy Law"), provides the right for Creditors and Debtors to submit an Application for Suspension of Debt Payment Obligations, if it can be estimated that the Debtor will not be able to continue paying debts that are due, with the aim of granting a suspension of debt payment obligations packaged in a Settlement Agreement. Furthermore, the existence of this right which is not limited in its submission, raises a new problem, namely the existence of a Recurring Suspension of Debt Payment. Where, Creditors can submit an Application for Suspension of Debt Payment Obligations against Debtor whose Settlement Agreement have been homologated and are being implemented. The legal consequences of this Recurring Suspension of Debt Payment raises many questions, namely "How was the legal validity of the previous Settlement Agreement?" "What if the previous Settlement Agreement at the First Suspension of Debt Payment was requested for cancellation and the Debtor was declared Bankrupt?" T This research is used to explore and analyze, and it is hoped that it can also provide a solution to one of the problems amid the rampant of Suspension of Debt Payment Applications in Indonesia, namely, the existence of Recurring Suspension of Debt Payment
AKSES KEADILAN BAGI HAK PENYANDANG DISABILITAS BERHADAPAN DENGAN HUKUM (Studi pada Pengadilan Negeri Padang dan Wonosari) Marzuki, Suparman; Heryansyah, Despan
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.7399

Abstract

Constitutional amendments that accommodate various rights are the starting point for a new era of human rights in Indonesia, including for people with disabilities. Along the way, the Indonesian government has also responsively ratified the Convention on the Rights of Persons With Disabilities (CRPD) into Law Number 19 of 2011, Law Number 8 of 2016 concerning Persons with Disabilities, and PP Number 39 of 2020 concerning Adequate Accommodation for Persons with Disabilities in Judicial Process. Departing from the two contexts above, namely the weak protection of access to justice for people with disabilities and the fairly complete normative guarantee of the right to justice for people with disabilities, the author looks at the further implications for practice in the District Court. Apart from that, the author also analyzes the problems faced by the District Court in providing access to justice, by using the Padang District Court and the Wonosari District Court as research objects. The research results show that to this day, people with disabilities still encounter many obstacles in gaining access to justice. These obstacles are encountered both in terms of regulations, human resources, and facilities and infrastructure. A comparison of the fulfillment of access to justice for persons with disabilities between the Padang District Court and the Wonosari District Court gives rise to quite a sharp gap because it is influenced by at least three factors, namely: the perspective of the Chief of Justice, support from civil society organizations, and support from universities.
DAMPAK KEKOSONGAN JABATAN PADA KETUA MAJELIS PEMBINA DAN PENGAWAS DAERAH TERHADAP PENGADUAN ATAS DUGAAN PELANGGARAN PELAKSANAAN JABATAN PEJABAT PEMBUAT AKTA TANAH DI KABUPATEN MAGELANG Karlesta, Ilham Prakas; Sukisno, Djoko
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.7448

Abstract

The importance of the role of Land Deed Officials (PPAT) in serving the community, especially in terms of the transfer and improvement of land rights and ownership rights to apartment units. In the event of a complaint regarding alleged violations of the implementation of office or code of ethics carried out by PPAT in a region, the injured party can report to the Regional Advisory and Supervisory Council (MPPD) to conduct an examination of the alleged violation of the report. This research is a normative juridical legal research, the method of collecting legal materials used is document study and interviews. The results of the study indicate that the vacancy of the position of the Head of MPPD is administratively an obstacle in the implementation of the duties and functions of MPPD in terms of examining PPAT members reported by the community and alternative efforts to examine the alleged violation of the duties of PPAT Magelang Regency in the midst of the vacancy of the position of the Head of MPPD can be done by consulting with MPPW, issuing policy discretion, and delegation to subordinates.
PERAN GURU DALAM MENCEGAH BULLYING DI SEKOLAH DASAR: MENCAPAI PENDIDIKAN BERKUALITAS YANG SEIRING DENGAN TUJUAN PEMBANGUNAN BERKELANJUTAN 4 Nizmi, Yusnarida Eka Nizmi; Olivia, Yessi; Yulia , Rahmi; Takwa, Tuah Kalti; Hidayati, Umunnisa; Alby , Syahroni; Purwasandi, Purwasandi
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.7844

Abstract

Bullying in elementary schools is a widespread issue that significantly impacts students' mental health, social development, and academic performance. This study examines the crucial role of teachers in preventing bullying and explores its implications for achieving quality education in line with Sustainable Development Goal (SDG) number 4. Using a qualitative descriptive methodology, data were collected through questionnaires administered to students, supported by secondary data analysis from relevant literature and legal frameworks. The findings indicate that students' understanding of bullying makes them vulnerable to this practice. Proactive involvement of teachers in creating a safe and inclusive learning environment is essential to reducing incidents of bullying. Furthermore, this study highlights the importance of legal regulations, such as the Child Protection Law, in providing a framework for teachers to effectively fulfill their responsibilities. In this community service activity, students from SD 12 Lubuk Garam, Siak Kecil, were provided with knowledge about bullying and its effects on mental health. The research results show that teachers must transform from traditional educators into active agents of social change, promoting a culture of respect and safety within schools. This study encourages the enhancement of legal literacy among educators and the implementation of ongoing professional development programs focused on bullying prevention strategies. By equipping teachers with the necessary tools and knowledge, schools can create a more supportive atmosphere conducive to quality education and the overall well-being of students. Keywords: Bullying, Elementary School, Role of The Teachers, Sustainable Development Goal
FENOMENA PERKAWINAN ANAK: DINAMIKA HUKUM DAN PROBLEMATIKA PENEGAKAN HUKUM KELUARGA DI INDONESIA Nazar, Haura Salsabiela El Sabrina; Shalihah, Fithriatus
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.7992

Abstract

In Indonesia, child marriage is still a complicated problem that hasn't been handled. A kid's well-being is harmed by the practice of child marriage, which violates children's human rights. Several initiatives have been undertaken, such as amending Law No. 16 of 2019 regulating Marriage to change the minimum age for marriage. This, however, is still unable to address Indonesia's issue of underage marriage. The Republic of Indonesia's Supreme Court's Directory of Decisions reveals a notable increase in requests for marriage dispensation following the adoption of new laws of the legal age of marriage. This research is normative legal research. This study aims to examine the legal dynamics and problems of family law enforcement in the practice of child marriage in Indonesia. Based on the findings, the government is trying to lower the emergency rate of child marriage in Indonesia by enacting laws that tighten marriage dispensation procedures and refresh the minimum age of marriage. In addition to the national strategy program for avoiding child marriage, efforts have been made to safeguard children's rights against the practice of underage marriage through the swift formation of rules in various areas. Despite recent legal updates to the marriage age, child marriage is still a common practice in Indonesia because family law is not strictly enforced in the country. Among the factors contributing to the law enforcement conundrum surrounding child marriage are the social realities of Indonesian society, the discordance of adult age limits, and the many interpretations of the word urgent reasons.
PENGATURAN IDEAL ORGANISASI SAYAP PARTAI POLITIK Elviandri, Elviandri; Ardiansyah, Ardiansyah; Suswadi, Suswadi; Riza, Wahyu Friyonanda
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.8005

Abstract

Party Wing Organizations play a strategic role in supporting political parties to strengthen their reach to various levels of society, especially in the process of gathering support, advocacy and interest mediation. However, the legal arrangements that bind these organizations are still being debated, especially in terms of whether they should be subject to the same regulations as general social organizations or obtain special status under the legal umbrella of political parties. This research uses normative juridical methods, with statutory, historical and conceptual approaches. Arrangements regarding Party Wing Organizations still have challenges that require further attention. One of the ideal concepts proposed is that the position and role of party wing organizations should be explained in more detail in the revision of the Political Party Law. This is important to provide clarity regarding the rights and obligations of wing organizations as well as their operational boundaries so that they do not overlap with the role of their parent political parties and play an active role in mainstreaming gender equality and social inclusion in politics. Party wing organizations are legal entities, so as legal subjects they can be sued in the criminal, civil and administrative realms. This recognition is important to clarify the legal status of party wing organizations and prevent a legal vacuum if a dispute or legal violation occurs involving the organization.
ANALISIS YURIDIS DISPARITAS PUTUSAN PIDANA NARKOTIKA PADA JUDEX JURIST DAN JUDEX FACTIE (Studi Putusan Nomor 179/Pid.Sus/2020/PN.Trg., Nomor 207/Pid.Sus/2020/PNTrg dan 389/Pid.Sus/2021/PN Trg ) Sunariyo, Sunariyo
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.8006

Abstract

Disparity in criminal decisions is the imposition of different criminal sanctions at each stage of legal action, both Judex Factie and Judex Jurist, so the aim of this research is to find out the judge's considerations in imposing a crime in each decision and to find out the causes of disparities in the decisions of Judex Factie judges and judges. Judex Jurist. This research method is juridical-normative with a statutory regulation approach and a case approach. The data collection technique is by analyzing laws and judge's decisions related to this research. The results of this research show that the judge's considerations in the Judex Factie decision were based on: a. Fulfillment of the elements of intentionally or without any legal right to offer for sale, selling, purchasing, receiving, being an intermediary in buying and selling, exchanging or handing over Category I Narcotics. In the Judex Juris judge's decision, it was based on the fulfillment of the more subsidiary elements of the indictment, namely each drug abuser and himself. And the cause of the disparity in the Judex Facti and Judex Juris decisions is caused by the judge himself because of the existence of freedom and independence of the judge as well as from the law itself, namely the absence of guidelines in sentencing so that the Judex Factie and Judex Jurist decisions are different, namely in Judex Jurist with a lighter decision
EFEKTIVITAS PENEGAKAN HUKUM PELANGGARAN LALU LINTAS MELALUI TILANG MANUAL DAN ELEKTRONIK DI WILAYAH POLDA RIAU Amelia, Dinda; Dinata, Umar; Yuniarti, Rahmi; Berlian, Cheny
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.8007

Abstract

Frequent traffic violations have made the National Police Traffic Corps in the era of globalization increasingly innovate in prosecuting traffic violations to make it easier for the public to understand the electronic-based ticketing procedures that have just been launched. In Riau Province, currently several districts have implemented electronic-based ticketing, such as Dumai, Indragiri Hilir, Bengkalis, Pelalawan, Siak and Pekanbaru City. The formulation of the problem in this research is related to the effectiveness of law enforcement for traffic violations through manual and electronic ticketing in the Riau Regional Police area and the factors that influence the effectiveness of law enforcement for traffic violations through manual and electronic ticketing in the Riau Regional Police area. This research uses the Empirical Juridical method with a field research approach. The research results show that the implementation of an electronic ticketing system is generally more effective in increasing road user compliance compared to a manual ticketing system. This is caused by several factors, including: the more objective nature of enforcement, wider reach, and the lack of direct interaction between officers and violators which can minimize the potential for fraudulent charges. Effective traffic law enforcement is expected to increase public discipline in traffic, thereby reducing the number of traffic accidents and realizing security and safety on the highway.

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