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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 19 Documents
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Search results for , issue "Vol. 5 No. 1" : 19 Documents clear
Restriction of Private Land Management by the Community from the Perspective of Maslahah Mursalah (Case Study of Runding Village, Panyabungan Barat District, Mandailing Natal Regency) Rajaindra; Iwan
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10245.59-64

Abstract

Land is essential for human life, serving as a base for agriculture, housing, and economic activities. In Indonesia, land management and ownership are regulated to benefit both individuals and the community. Conflicts, however, can arise when private land use negatively impacts neighboring areas, as seen in Runding village. Here, a farmer's decision to plant oil palm upstream in Negung village has caused water scarcity for downstream farmers, leading to crop failures. Article 20 of Indonesia's Basic Agrarian Law (UUPA), as explained by Ali Ahmad Chomzah, emphasizes that land ownership rights carry a social function and must not harm others. Land use should adapt to its circumstances and respect community welfare. This aligns with the concept of Maslahah Mursalah in Islamic law, which considers public interest and welfare, derived from the broader goals of Sharia. In Runding village, such restrictions aim to balance individual land use with community welfare, reflecting the principles of public and individual welfare. This research aims to explore the regulatory framework of land ownership rights and how Maslahah Mursalah can guide the management of privately owned land. Using empirical legal research with a case study, statute, and conceptual approach, this study seeks to understand how land management restrictions can ensure both individual rights and societal welfare. The research highlights the potential to balance private land rights with social responsibilities, contributing to sustainable land management practices that align with legal and ethical principles, fostering harmony between landowners and the community.
Settlement of Default of Muzara’ah Contract of Rice Farmers in Sigama Village, Padang Bolak District, Padang Lawas Utara Regency Dsn-Mui Perspective No. 85/Dsn-Mui/Xii/2012” Anwar Nuh Siregar; Annisa Sativa
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10257.65-72

Abstract

One of the towns in the Padang Bolak District of the North Padang Lawas Regency, Sigama Village, has extensive agricultural land which is used for rice fields, making farming the main source of income for the local community. But not everyone in the hamlet has agricultural land due to middle to lower class economic factors. Then, the muzara'ah system is one way for people in the area to prioritize mutual cooperation. Muzara'ah is a form of collective agreement between land owners and cultivators for the management of agricultural land, with the parties sharing the results according to their agreement. But the reality in the field is not in accordance with the agreement made between the land owner and the cultivator, where the agreement usually occurs in villages with a profit-sharing system of 70% for the land owner and 30% for the cultivator, with seeds. and fertilizer produced by land owners. In this research, descriptive approach techniques were combined with qualitative methods. Land owners and cultivators are the subjects of this research. Primary and secondary data are used in the data collection process. Meanwhile, secondary data was obtained from previous research, while primary data was obtained through interviews, documentation and observations. Then, the cultivator made a mistake which resulted in the contract being canceled. Then, after long negotiations, none of the parties can reach an agreement, then the dispute is resolved through an institution based on sharia if one party does not reach an agreement. through deliberation.
Settlement of Wage Payment of Cafe Employees Bankruptcy Imam Syafi'i Perspective (Case Study of Child Cafe, Medan Area) Indah Permata Sari; Rahmad Efendi
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10258.89-96

Abstract

The purpose of this study is to examine, from Imam Syafi'i's point of view, the procedure for resolving employee wage payments in the event of business bankruptcy. A case study was used. conducted at Child Cafe Medan Area, which experienced bankruptcy. The research method includes data collection through interviews with relevant parties and document studies related to the process of paying employee wages when the company is bankrupt. The research results are expected to provide a comprehensive overview of handling employee wages in bankruptcy situations, especially considering the perspective of Islamic law. The analysis will cover aspects such as employee rights in wage payment, the obligations of bankrupt companies, and the possibility of fair and sustainable settlements for both parties. From the perspective of Imam Syafi'i, the settlement of employee wage payments in situations of company bankruptcy should be conducted with attention to the principles of justice and humanity. Companies are obliged to make every effort to fulfill their obligations to employees, even in conditions of bankruptcy. Conversely, employees are also expected to understand the company's situation and be willing to accept fair and realistic settlements.
Strengthening the Constitutional Law System (Legal Challenges and Strategies in Handling the Social, Economic and Political Crisis in Indonesia) Doing, Muhammad; Warriyodi; Kartian, Darma; Irsyadul Ibad, Muhammad; Aprieyanti; Fitriani
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10260.113-122

Abstract

Indonesia's constitutional legal system faces significant challenges due to ongoing social, economic, and political crises. These challenges stem from issues such as systemic corruption, uneven development, social inequality, and political instability. The legal system must evolve and adapt to address these challenges effectively and equitably. This article examines the impact of crisis policies on legal and governmental stability, with a focus on how constitutional legal systems can adapt to and overcome these obstacles. This study employs normative and conceptual analysis to assess the flexibility, transparency, accountability, and justice within Indonesia's constitutional law. The analysis is grounded in an evaluation of relevant laws and regulations, highlighting how constitutional amendments, decentralisation, and the strengthening of state institutions influence the legal system's responses and overall efficacy. Despite efforts to reform and fortify the judicial system, persistent issues such as widespread corruption, regional disparities, and entrenched social inequalities continue to pose significant challenges. This article underscores the need for crisis-responsive legal policies and offers strategic recommendations to enhance the resilience and adaptability of the legal system. These recommendations include improving mechanisms for monitoring and accountability, developing more inclusive and sustainable policies, and fostering greater community involvement in the legal process.Through this analysis, the study contributes to a deeper understanding of how Indonesia's constitutional legal system can be optimised to address escalating crises and challenges, while promoting more effective and sustainable reforms
Review of Islamic Criminal Law on Perpetrators of Falsifying Death Certificates for Personal Profit Muhammad bunayya alarrafi; Syaddan dintara lubis
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10275.97-105

Abstract

Basically, every one of us is a religion and of course every religion teaches goodness. Lying and lying is an act of lying and causing harm to oneself and even others. Therefore, this research is carried out to find out which Islamic law regulates the handling of the crime of forging death certificates and how positive laws regulate and handle the perpetrators of the crime of forging letters, which based on the research carried out the crime of forging death certificates can cause various losses to the victims, where the victims of this crime are not only the community but can causing losses to the government or the company. In Islamic law, criminal acts that cause harm to others are categorized as Jarimah acts with punitive sanctions in the form of ta'zir The rules based on positive law have been regulated in article 263 of the Criminal Code in the imposition of sanctions for perpetrators who forge or use fake letters as mentioned in paragraphs 1 and 2.
Policy of Increasing Value-Added Tax from The Perspective of Maslahah Mursalah (Analysis of Act. No 7 Of 2021 Concerning Harmonization of Tax Regulations) Jamilah Rizka; Muhammad Ramadhan
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10306.123-130

Abstract

Tax regulations in Indonesia have undergone many changes. The main factors are the global economy, basic needs of the country, development needs, and others. So it requires the community to work together to build the country through taxes. This research aims to find out the legal basis of the VAT increase policy, then find out the impact of the increase policy. And then how is the VAT increase policy if reviewed from the perspective of maslahah mursalah. In this study, the author uses normative research methods, with the Conceptual Approach and Statutes Approach. This research is descriptive analytical, data is collected through document studies, literature studies, and then analyzed using deductive thinking logic. The results of this study show that the increase in VAT rates is based on Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law). From the perspective of maslahah mursalah, which focuses on the benefit or public interest, this policy can be seen as an effort to achieve the welfare of the community at large. The increase in VAT has the potential to bring significant benefits by increasing the state budget that can be allocated for infrastructure, education, health, and other social programs, in line with the principle of public benefit. However, negative impacts such as inflation and a decrease in people's purchasing power, especially for low-income groups, need to be anticipated.
Analysis of Ptun Decision No: 59/G/2021/Ptun-Mdn Regarding the Lawsuit Against the Regent of Deli Serdang Over the Dismissal of Asn: Siyasah Qadhaiyyah Perspective Nurhasanah; Putri Eka Ramadhani
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10318.142-147

Abstract

This research analyzes the decision of the Medan State Administrative Court (PTUN) Number: 59/G/2021/PTUN-MDN regarding the Deli Serdang Regent's lawsuit regarding the dismissal of the State Civil Apparatus (ASN) from a siyasah qadhai yyah perspective. Analysis from the siyasah qadhaiyyah perspective is interesting because it can provide insight into how the principles of justice and governance in Islam can be related to modern administrative justice practices. Concepts such as regional al-mazalim (courts to deal with official injustice), the principle of trust in leadership, and the concept of substantive justice in Islam will be analytical frameworks that enrich our understanding of this case. The method used in this research is normative juridical, namely a legal research method carried out by reviewing library materials or secondary data. Data collection techniques were carried out through literature study and data analysis using qualitative descriptive methods. In a broader context, this case also reflects the dynamics of the relationship between regional government and ASN in the era of regional autonomy. This raises questions about the extent to which decentralization of power can affect the protection of ASN's rights and how a system of checks and balances can be implemented effectively at the regional government level. This article aims to analyze the PTUN decision not only from the perspective of Indonesian positive law, but also from the perspective of siyasah qadhaiyyah in Islamic law.
Review of Islamic Criminal Law on Criminal Sanctions for Persecution of Jumping Bastards in Belawan (Study Decision Number: 559/Pid.B/2022/Pn.Mdn.) Hotma Ringan Limbong; Sukiati
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10367.131-141

Abstract

This study examines how judges determine criminal sanctions for perpetrators involved in the persecution of jumping squirrels under Islamic Criminal Law, focusing on Case Decision Number 559/Pid.B/2022/PN. Mdn. Using a normative legal research method, this literature-based analysis scrutinizes primary and secondary legal materials through a case and analytical approach. The study reveals that the judge classified the perpetrator's actions as 'persecution that resulted in death,' leading to a 5-year prison sentence, which was reduced due to the perpetrator's polite behavior and remorse. According to Article 351 Paragraph (3) of the Criminal Code, the standard penalty for persecution causing death is 7 years in prison. The judge's decision deviates from this guideline, reflecting a more lenient approach possibly influenced by the perpetrator’s conduct and regret. Under Islamic Law, such acts fall under 'murder by mistake,' where the perpetrator, lacking intent to kill, causes death through negligence. In Islamic Criminal Law, this would typically warrant diat (compensation), not ta’zir (discretionary punishment). However, since Indonesian law does not fully adhere to Islamic principles, the ta’zir punishment is deemed appropriate within the Indonesian legal context. This research contributes to legal development in Indonesia and serves as a reference for future studies on similar themes, advocating for better alignment and understanding between Islamic and national legal practices.
Psychological Impact on Children Due to the Decision of Acquittal of Child Abuse Crimes Linked to the Child Protection Law Widyaningrum, Dian; Yuniar Rahmatiar; Muhamad Abas
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10498.148-155

Abstract

The rise in child molestation cases has brought significant concern due to the severe psychological and physical trauma inflicted on victims, particularly children. Such trauma can hinder their future growth and development. This study investigates the legal framework governing child molestation crimes and examines the psychological impact on children when perpetrators are acquitted, particularly in relation to the Child Protection Law. The research employs a normative legal method to analyze relevant laws, including both the Criminal Code and the Child Protection Law, which impose varying penalties based on the nature of the crime and the relationship between the offender and the victim. The results indicate that acquittal in molestation cases leads to prolonged psychological harm, increases the risk of physical issues such as sexually transmitted diseases, and can result in social stigmatization and exclusion. The study concludes that robust legal protection is essential for child victims, emphasizing the importance of ensuring their rights and providing appropriate remedies. Law Number 35 of 2014 on Child Protection underscores the state’s obligation to protect children from all forms of violence, including sexual violence.

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