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Journal Equity of Law and Governance
Published by Universitas Warmadewa
ISSN : 27759512     EISSN : 27765121     DOI : https://doi.org/10.22225/elg.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Umum - Umum
Articles 20 Documents
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Search results for , issue "Vol. 4 No. 2" : 20 Documents clear
Perspective of the Gonting Julu Village Community, Huristak District, Padang Lawas Regency Regarding Delays in the Distribution of Inheritance Novi Arbaini Daulay; Amal Hayati
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10090.260-270

Abstract

This research aims to understand the perspective of the community in Gonting Julu Village, Huristak District, Padang Lawas Regency, regarding the delay in the distribution of inheritance, which often is not promptly executed. The delay in inheritance distribution has become a common practice. The problems addressed in this study include understanding the legal aspects of delaying inheritance distribution for heirs according to Islamic law and exploring the perspectives of the Gonting Julu village community that contribute to the factors causing the delay in inheritance distribution in Gonting Julu Village. This research employs a qualitative method with a case study approach. It examines the applicable legal provisions and what occurs in reality within the community. The primary data sources for this research are community leaders, local elders, and the residents of Gonting Julu Village. Secondary data sources include documents, books, articles, internet searches, and more. Inheritance is essentially a trust to the heirs; the inheritance is a fiduciary fund that must be passed on to the rightful heirs. However, many residents of Gonting Julu Village often do not promptly distribute inheritance, making the delay a habitual practice. The findings of this study reveal that the community has not yet promptly distributed inheritance according to Islamic law, and it remains a deeply ingrained habit. The factors contributing to the delay in inheritance distribution include respecting the feelings of surviving parents and managing the inheritance.
Legal Review of Parents in Facilitating Children Playing Jaran Kepang in View of Islamic Law and Law Number 35 of 2014 concerning Child Protection (Case Study of Sei Rotan Village, Percut Sei Tuan District, Deli Serdang Regency) Siti Nurheliza; Iwan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10091.271-278

Abstract

This study aims to understand the portrayal of the Jaran Kepang game and the perspectives of Islamic law and positive law on parents who facilitate their children playing Jaran Kepang in Sei Rotan Village. The research method employed is empirical research, which examines applicable legal provisions and the realities in Sei Rotan Village, Percut Sei Tuan Subdistrict, Deli Serdang Regency. The primary data for this research consists of observations and interviews with children who play Jaran Kepang, parents of Jaran Kepang players, the community of Sei Rotan Village, Jaran Kepang experts, and leaders/members of the Indonesian Ulema Council (MUI) North Sumatra. Secondary data sources include primary legal materials such as Law Number 35 of 2014 concerning Child Protection, and secondary legal materials obtained from literature review comprising books, journals, articles, internet searches, and research findings. The results indicate that some parents in Sei Rotan Village facilitate their children playing Jaran Kepang, as evidenced by interviews with the community and observations. The legal consequences for parents facilitating their children playing Jaran Kepang, according to Islamic law, are considered haram due to the game's association with polytheism. Under Law Number 35 of 2014 concerning Child Protection, the legal consequence is the potential revocation of custody rights for parents who facilitate their children playing Jaran Kepang.
Legal Aspects of Creative Economic Development in Digital Economic Development in Padangsidempuan Mochtar Indra Efendi Siregar; Detania Sukarja; Robert
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10103.366-375

Abstract

Legal aspects of creative economic development in digital economic development by conducting studies in Padangsidempuan City, is important to carry out with the following considerations: There are limitations in terms of legal regulations that both the central government and the regional government of Padangsidempuan City have in supporting the development of the creative economy in digital economic development, so that the implementation of digital economic development in the regions has not run optimally. This research analyzes the legal aspects of developing a digital-based creative economy, the role of local governments in supporting it based on positive laws in Indonesia, as well as the obstacles and the role of the Padangsidempuan City Government in overcoming them. Using a normative juridical method with primary, secondary, literature and field study data, the research concludes that integrated legal support, collaboration between the government and creative economy actors in strategic steps are key to the growth of the digital creative economy in Indonesia, while Padangsidempuan needs to overcome limitations in digital infrastructure, creative education, regulatory harmonization, and intellectual property rights protection. Therefore, it is necessary to develop a strategy for a collaborative model of academia, business and government, or what is called the Triple Helix.
Legal Views of Religious Leaders of Simangambat District, North Padang Lawas Regency Regarding Attending the Invitation of Walimatul 'Ursy Who Carried Out Endeng-Endeng Hotma Pasaribu; Ibnu Radwan Siddik Turnip
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10112.300-306

Abstract

This research is motivated by a social phenomenon about the Endeng-Endeng tradition in Walimatul 'Ursy in Simangambat Village, North Padang Lawas Regency which has often occurred. This study aims to find out how the legal views of religious leaders in Simangambat District regarding the legal status of attending the invitation of Walimatul 'Ursy who carry out Endeng-Endeng. This research is an empirical legal research with a legal sociology approach, primary data sources are obtained from interviews with a number of religious and community leaders, and the author's observations. Secondary data sources are obtained from a number of references and research results. Data analysis is used using qualitative analysis. The results of the study show that the legal view of religious leaders in Simangambat District allows them to attend Walimatul 'Ursy who carries out Endeng-Endeng, if there are no elements of immorality in it such as liquor. However, if the Endeng-Endeng activity contains elements of showing off birahi, because those who are not mahrams gather to perform the Endeng-Endeng dance, and there are intoxicating drinks, then the ruling is makruh which if not attended will be better. Religious leaders also suggested that it was better to attend Walimatul 'Ursy after the Endeng-Endeng event on the grounds that rejecting affirmation took precedence over obtaining benefits.
Legal Review of Transitional Principles (Lex favor reo) in the Criminal Code Fauzan Safri Hummam; Khalid
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10113.343-350

Abstract

Changes in criminal law through the recodification process have resulted in the National Criminal Code. One of the main differences with the Wetboek van Strafrecht Criminal Code (WvS The application of the lex favor reo principle is connected to the Criminal Code. The National Criminal Code's Article 3's lex favor reo principle, which is applied as part of criminal law reform, is conceptually intended to safeguard all Indonesian citizens. In order to investigate legal ideas connected to the lex favor reo principle, this study employs normative juridical research using a conceptual approach. According to the study's findings, Article 3 of the National Criminal Code verifies that any modifications to the law made after a criminal conduct has been committed but before the verdict is handed down, then the provisions that are most favorable to the defendant must be applied. This arrangement is a concrete form of the lex favor reo principle, which aims to provide legal certainty and justice for the defendant.
Registration of YouTube Content as a Productive Asset from the Istislah Perspective Khykhy Syorgawi Siregar; Sahliah
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10128.335-342

Abstract

This study aims to examine the protection and registration of YouTube content as a productive asset through the perspective of istislah in Islamic law. The research method used is a literature review and legal analysis focusing on regulations in Indonesia, including Law Number 28 of 2014 on Copyright, Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law on Job Creation, and Government Regulation No. 24 of 2022 on the Creative Economy. The results show that YouTube content has great potential to become a valuable asset with strong legal protection. Existing regulations in Indonesia allow YouTube content copyright to be automatically protected and used as fiduciary collateral. The copyright registration process involves several steps ensuring that creators have physical proof of their works, which is crucial for resolving legal disputes. This protection aligns with the principle of istislah in Islamic law, emphasizing public welfare and encouraging innovation and creativity. The conclusion of this study is that legal protection and registration of YouTube content as a productive asset not only protect creators' rights but also promote the growth of the creative economy. With this protection, creators can maximize the value of their content as a source of income and long-term investment. The perspective of istislah provides an ethical and legal foundation to support this policy, ensuring that its benefits are felt by the wider community.
Legal Protection of Consumers in Electronic Transactions: Challenges and Future Prospects Rizkia, Nanda Dwi; Hidaya, Wahab Aznul; Kaemirawati, Diah Turis; Novianty , Rica Regina; Febrianty, Yenny
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10141.307-315

Abstract

Examining how successfully consumer protection legislation in Indonesia have kept up with the evolution of digital technology and how well they have been applied to online transactions is the primary goal of this study. In this age of ubiquitous electronic transactions, the significance of consumer protection has never been greater, as this study shows. Analysis of statutes, regulations, and other relevant legal documents is part of the normative research literature review methodology. Included in the literature review are the following statutes and regulations: Law 8 of 1999, which deals with consumer protection; Government Regulation 71 of 2019, which deals with the implementation of electronic systems and transactions; and Regulation 5 of 2020, which deals with the implementation of private scope electronic systems, which is ministerial decree. While the current standards are thorough, there are still several challenges to putting them into practice, according to the report. Consumers' ignorance of their rights, ineffective dispute resolution processes, and lax law enforcement are all factors contributing to this problem. Furthermore, this study delves into the significance of enhancing consumer safety via education and bolstering monitoring, as well as the need of revising rules to account for ever-evolving technology advancements.
Analysis of Legal Efforts Against the Supporting Rights of a Prisoner's Wife in a Detention Center (Case Study of Medan Class 1 Detention Center) Indi Sintia; Khalid
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10153.327-334

Abstract

Marriage is a gateway for the creation of rights and responsibilities between men and women who are united by the family. However, certain situations arise when some married people cannot fully fulfill their duties and obligations as a couple, and the husband cannot fully fulfill his wife's needs, such as a husband who, with the status of a prisoner, cannot fulfill his wife's rights in the form of spiritual and physical support. With this, the author wants to examine how and what kind of efforts can be made to fulfill the living rights of a wife whose husband is imprisoned. In this research the author conducted empirical legal research. Empirical law is legal research carried out by conducting studies on the topics to be discussed by conducting interviews and field observations carried out by the author. And the result of this research is that not all efforts to fulfill the living rights of a prisoner's wife can be fulfilled and facilitated by the Medan Class I Detention Center. Birth support at the Medan Detention Center has carried out guidance activities where from the results of this work inmates can get premiums or wages which can be given by prisoners to their wives as fulfillment of birth support. And regarding spiritual support, the Medan Class I Detention Center cannot facilitate all of these subsistence needs. What can be facilitated in relation to this subsistence is a room for family visits and a telephone shop if the inmate misses and wants to confide in his wife.
Implementation of the Duties of the Batu Bara Regency National Narcotics Agency (BNNK) Regarding Empowering the Community in Preventing Abuse and Illicit Trafficking of Narcotics from an Islamic Criminal Law Perspective Sri Wahyu Ningsih; Zulkarnain
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10209.351-359

Abstract

Drug Abuse and Illicit Trafficking is a serious problem that has a wide impact on the health, security, and welfare of the community including in Batu Bara Regency. The Batu Bara Regency BNN is an institution that has a role in implementing its duties and authorities. This study is important to understand the extent to which the duties and functions of the Batu Bara Regency BNN are running effectively through community empowerment. Community empowerment in preventing drug abuse and illicit trafficking and drug precursors is a strategy that aims to increase the active role of the community in efforts to prevent and overcome narcotics problems. This research method is qualitative descriptive using primary data obtained through field studies and interviews. The results of this study are that the Batu Bara Regency BNN has implemented its duties and authorities well, and has maximized the target. This can be seen from the fact that throughout the existence of the BNN, the State's target for the Batu Bara Regency BNN has all been achieved and even exceeded. However, it would be even better if there was more support such as budget support, human resource support, involvement of the Batu Bara Regency government and the private sector to contribute to the prevention and illicit trafficking of narcotics. The View of Islamic Criminal Law on Narcotics and the Duties and Authorities of the National Narcotics Agency in Community Empowerment is that narcotics and the control of their abuse are in line with the principles of maintaining the welfare of the people (hifz al ummah) and protecting the five main objectives of sharia (maqasid al-shariah): religion, soul, mind, descendants, and property. In Islamic criminal law, narcotics are likened to khamr and there are no types or groups of narcotics. Sanctions for narcotics crimes in Islamic law, the perpetrator is sentenced to ta'zir. Based on Surah Al-Maidah verse 90, it is clear that the prohibition on drinking khamr, the nature of khamr is intoxicating, as well as drugs have the same nature as khamr, so the law is the same as khamr, namely haram.
REVIEW OF CRIMINAL LAW ON MANIPULATION OF PT ASABRI'S FINANCIAL STATEMENTS AS AN ACT OF FRAUD Ratu Frisya Ritonga; Adlin Budhiawan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10210.316-326

Abstract

Fraud is an act that violates the law and can cause harm to many parties. Literally, fraud is a term that comes from the English language which means fraud. Fraud can also be interpreted as an unlawful act that is carried out intentionally, such as manipulation or providing false reports to other parties to obtain personal or group gain. This act can be a falsification of financial statements that are manipulated intentionally to gain personal gain. The research conducted by the author aims to examine the review of criminal law on the manipulation of financial statements as an act of fraud in one of the cases that is quite excited about manipulation and state losses in Indonesia, namely PT. ASABRI Social Insurance for the Armed Forces of the Republic (Persero). This research uses normative research through a concept approach, case approach and statutory approach (statue approach). The nature of the research is analyzed using descriptive research, data collection methods in the form of literature studies, and the data obtained will be analyzed using inductive analysis methods. The results of this study indicate that the case of PT Asabri (Persero) is a case that has a relationship to fraud that is proven by violations or manipulation of financial statements that occurred at PT Asabri and the resolution of this case is dominated by settlement through the legal process of corruption based on Article 2 (1) and article 3 of Law No.31 of 1999 concerning Eradication of Corruption which was amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption. The conclusion in this case is that the case of PT Asabri (Persero) is fraud with the category of corruption schemes and manipulation of financial statements.

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