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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. 5 No. 2" : 20 Documents clear
Unlawful Acts as a Result of Payment of Compensation Through Royalty Rights Perpsective of Law Number 28 Year 2014 Copyright Br Sianipar, Solehah Dhara Ad'ha; Harahap, Muhammad Yadi
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10298.8-14

Abstract

This research focuses on the analysis of compensation through the payment of copyright royalties on music works in the perspective of Law No. 28 of 2014 on Copyright. musical works in the perspective of Law No. 28 of 2014 on Copyright. This research aims to understand how the law regulates the payment of royalties as a form of compensation to music creators and provides protection and compensation to music creators through the provide protection and compensation to music creators through royalty payments and also This research also aims to analyze the study of Decision No. 122/PK/Pdt. Decision Number 122/PK/Pdt.Sus-HKI/2015/PN.Niaga.Jkt.Pst in which there is a case of Royalty Payment Dispute. The verdict is a case of Dispute over Royalty Payments on the Copyright License of Inul Vizta Karaoke VS Yayasan Karya Cipta Indonesia (YKCI) which PT. Vizta Pratama Inul Vizta Karaoke Manado was sentenced to pay royalty compensation to Yayasan Karya Cipta Indoensia in the amount of Rp15,840,000.00 (fifteen million eight hundred forty thousand rupiah). Through the juridical research method normative research method, this research explores the interpretation and implementation of the law in the context of of the law in the context of royalty payments for copyrighted musical works. The results The results of this research are expected to provide a better understanding of the the rights and obligations of the parties in the context of musical copyright and provide recommendations for the improvement and enhancement of copyright protection in And also expected to increase knowledge for readers and provide awareness for the Indonesian people to better appreciate the and also expected to add knowledge for readers and provide awareness for the people of Indonesia to better appreciate the creators of songs or music by paying royalties or music copyright. song or music by paying royalties or no longer pirate, imitating, falsifying, or recognizing as his own creations on the copyright of others or licensees of the copyright of others. copyright of others or the license holder of the creation
Implementation of Local Regulation of Batam City Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Perspective of Fiqh Siyasah Dusturiyah (Case Study of Sagulung District, Batam City) Angreini, Salsa; Khalid
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10308.15-23

Abstract

Street sellers bring good and harmful community turmoil. These conflicts are common in Indonesia, especially in cities like Batam, where they have created several obstacles to people's activities, such as difficult access for pedestrians who have to pass through areas or trading locations that are very crowded with street vendors' stalls and carts and many vendors' locations, making it difficult for people, especially pedestrians, to walk to their destination. Street vendor facilities are damaged and inoperable, limiting public access. Batam City Regional Regulation Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Review of Fiqh Siyasah Dusturiyah (Case Study of Sagulung Subdistrict, Batam City) is examined in this study This field study uses qualitative descriptive analysis. Data are described, examined, and discussed to answer the problem. Purposive sampling was utilized to find informants in this study. This study found that the Local Regulation of Batam City Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Review of Fiqh Siyasah Dusturiyah (Case Study of Sagulung District, Batam City) has not been implemented. Unimplemented empowerment involves business capabilities, finance access, trade facility support, institutional enhancement, production growth, processing promotion networks, and technical help. Second, Siyasah Dusturiyah claims that the Islamic Law Review of the Implementation of Batam City Regional Regulation Number 1 of 2019 concerning the Arrangement and Empowerment of Street Vendors in Sagulung District, Batam City violates the General Principles of Good Governance, Social Balance, and State Responsibility
Consumer Protection Regarding the Circulation of Non-SNI Certified Electronic Goods from the Perspective of Maqashid Sharia: A Case Study of an Electronics Store in Medan Denai District Andri Siregar; Abd Rahman Harahap
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10313.24-33

Abstract

This research aims to examine the enforcement of SNI (Standar Nasional Indonesia) certification for electronic products in the Medan Denai District of Medan City and to evaluate the accountability of electronic store operators concerning consumer protection under both civil and criminal law. The significance of this study lies in its exploration of the intersection between legal frameworks, consumer rights, and public safety, offering a nuanced understanding of how these elements interact in a localized setting. By focusing on the Medan Denai District, the research not only highlights the specific challenges and dynamics faced in ensuring compliance with SNI standards but also reflects broader national concerns. The incorporation of Maqashid Al-Syari'ah, an Islamic jurisprudential principle, is crucial as it frames the discussion within a moral and ethical context. Maqashid Al-Syari'ah, which aims to protect fundamental human interests such as religion, life, intellect, lineage, and property, provides a unique lens through which consumer protection can be viewed. This perspective emphasizes that ensuring product safety and adherence to standards transcends mere legal obligations, embodying a deeper commitment to fulfilling religious and moral duties. The focus on Medan Denai District as a case study is essential because it offers a tangible example of how these principles are applied in practice, revealing both the successes and limitations of current enforcement mechanisms. This research, therefore, contributes valuable insights into how consumer protection can be enhanced by aligning legal and ethical standards, ultimately promoting societal well-being.
Ownership Rights to Buildings that Stand on Water Mulya Putra, Muhammad Tri; Djara Liwe, Resiani Corry; Yonathan Behar, Artha Marina; Ngailu Deddi, Gianto Umbu
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10317.41-48

Abstract

Floating houses, or "Rumah Terapung," are unique residential concepts built on water rather than on land. This tradition, deeply rooted in Indonesian coastal communities, involves constructing homes on lakes, rivers, marshes, and coastal areas, reflecting a lifestyle passed down through generations. Indonesian law, particularly Law No. 28 of 2002 concerning Buildings, permits the construction of structures above or below land, water, or public infrastructure, which must be registered with the government to ensure proper use and development. However, many floating houses remain unregistered due to unclear land rights. The National Land Agency (BPN) oversees the registration of land rights, including maritime cadastres, which are essential for managing coastal and marine areas. Despite Indonesia's abundant coastal resources, the country lacks a dedicated maritime cadastre organization, necessitating the development of appropriate measurement, mapping, and rights registration processes to provide legal certainty for these water-based structures. The guarantee of immovable objects like floating houses involves Mortgage Rights under Law No. 4 of 1996. The principle of horizontal separation in Indonesian land law, which distinguishes ownership of land and buildings, complicates the registration and guarantee process. Government authority encompasses various laws and regulations, including Law No. 11 of 2020 and Law No. 26 of 2007, requiring coordination between central and regional governments in planning, licensing, environmental assessment (AMDAL), supervision, law enforcement, and conservation. Proper coordination ensures sustainable and environmentally friendly development, preserving Indonesia's coastal and marine resources. Clear regulations and processes are essential to provide legal certainty and support the sustainable development of floating housing settlements, ensuring that these unique communities continue to thrive.
Juridical Analyst of Village Fund Management in Community Empowerment Based on The Regulation of The Regent of Labuhan Batu Selatan Number 9 Of 2022 From the Perspective of Fiqh Siyasah Bahriansyah Putra Lubis; Syaddan Dintara Lubis
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10324.1-7

Abstract

This research examines the legal management of village funds for community empowerment in Labuhan Batu Selatan, as regulated by Regent Regulation Number 9 of 2022, from a Fiqh Siyasah perspective. Village fund management aims to support the implementation of village governance and increase community empowerment. In a legal context, it is important to analyze how existing regulations govern distribution of village funds as well the extent to which these regulations are implemented effectively to achieve empowerment goals. Central and regional finances received by the district, namely in their distribution in every village, are distributed with a fair distribution of at least 10%. In this research, a qualitative method with a descriptive approach was used. The results of this study show that normatively and administratively the management of village funds is running well but is not optimal related to substance of empowerment in the Community. However, based on core aspects management, it does not fully reflect the true meaning of community empowerment, apart from that, several stakeholder functions have not been implemented optimally. Village fund management is only dominated by Village leaders as organizers paternalistic attitude of village communities causes them to be less responsive and uncaring completely entrust Administration of the village budget by the village head
Protection of Rubber Plantation Managers Perspektif Mui Fatwa No.85 Dsn-Mui/Xii/2012 (Case Study of Gotting Julu Village, Huristak District, Padang Lawas Regency) Fauzan Azhari Hasibuan; Rahmad Efendi
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10365.89-95

Abstract

The purpose of this research was to find out how to protect rubber plantation managers in Gotting Julu village, Huristak District, North Padang Lawas Regency. This research is carried out using a type of field research, which is direct research and interaction with the research object. In analyzing the researches uses qualitative descriptive, namely a research procedure that explains the reality obtained from the field. Data collection was carried out by interview and observation methods to meet the results of this study. The results of this study found. 1) the land owner violates the agreement that has been mutually agreed upon and does not provide equipment at all to cultivate 2) the land owner cuts the percentage that is determined for the rubber plantation manager 3) the contract carried out between the owner and the rubber plantation cultivator in Gotting Julu village is only carried out verbally with the principle of kinship, the reason for the rubber plantation land owner in carrying out this cooperation is because of the manpower that is no longer able to process, the time is not there, and to help help Meanwhile, the reason for farmers is because they do not have land, lack of economy. The application of rubber farmer profit sharing that occurred in Gotting Julu Village, Huristak District, Padang Lawas Regency was reviewed from several aspects such as the method of agreement or contract was only carried out orally and was not attended by witnesses, the land owner did not provide tools for the manager.
The Legal Perspective of Accepting Donations from Mobile Legends Streamers Affiliated with Online Gambling Sites: Yusuf Qardhawi's Viewpoint Mahdali Shofi; Tetty MarlinaTarigan
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10369.34-40

Abstract

The rise of Mobile Legends as a popular game has led to new forms of interaction between streamers and their audiences, including financial support through donations. This study examines the legal implications of accepting donations from Mobile Legends streamers affiliated with online gambling sites, using Yusuf Qardhawi’s Islamic legal perspective as a framework. It is not uncommon for viewers to show their appreciation to Mobile Legends streamers as a form of support for the players. However, the issue arises with donations or contributions affiliated with online gambling sites. Streamers, who typically conduct live broadcasts to play Mobile Legends and interact with viewers, have come under scrutiny after receiving donations ranging from tens to hundreds of millions of rupiah from online gambling sites. This study aims to understand the legal perspective of accepting donations from Mobile Legends streamers affiliated with online gambling sites according to Yusuf Qardhawi's viewpoint. This research employs empirical legal research with a qualitative approach. Data is sourced from primary and secondary legal materials. Based on the findings, it is concluded that accepting donations is a permissible act. However, before practicing it, the source must be identified to determine whether it is obtained through lawful means or otherwise. In Islam, gambling is clearly prohibited. A Muslim should not use gambling as a means of entertainment or to fill leisure time, nor is it permissible to use it as a way to earn money under any circumstances.
Pentahelix Collaboration in the Recovery and Development of the Mekko Beach Tourism Sector Based on East Flores Regency Regional Regulation Article 12 Paragraph 2 Number 4 of 2015 From the Perspective of Siyasah Dusturiyah Malik, Ismail; Asro, Asro; Alamsyah, Taufiq
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10372.65-73

Abstract

The study examines the pentahelix collaboration model involving government, community, academia, business, and media in the tourism recovery and development of Mekko Beach, East Flores Regency. Despite its potential, the region faces challenges like limited infrastructure and promotional efforts. Based on Regional Regulation Article 12 Paragraph 2 Number 4 of 2015 from a siyasah dusturiyah perspective. The introduction explains the importance of the tourism sector for East Flores Regency and the challenges faced in developing Mekko Beach in a sustainable manner. The aim of the research is to analyze the role of each actor in pentahelix collaboration and the effectiveness of implementing regional regulations. The research method uses a qualitative descriptive approach with case studies, collecting data through interviews with stakeholders and document analysis. The findings highlight the importance of justice, public good, and transparency in effective collaboration. Although progress has been made, gaps remain between policy and practice, particularly in resource allocation and community participation. Strengthening coordination and enhancing local involvement are crucial for overcoming these challenges and achieving sustainable tourism development. Further research is suggested to explore innovative community engagement strategies in similar contexts.
Legal Review of Implementation of Cooperation Agreements between Agents and Distributors in Business Law Principles Sofwan, Muhammad; Rokilah
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10376.58-64

Abstract

This study examines the cooperation agreement between agents and distributors in the distribution of 3 kg Liquefied Petroleum Gas (LPG). A law consists of regulations that govern society, and a treaty is an agreement where parties commit to certain obligations, ensuring legal certainty and justice. LPG, typically a colorless and odorless fuel, is crucial for various domestic and international uses. The research focuses on how well the Agent-to-Distributor cooperation agreement is being implemented and the legal consequences if the distributor fails to comply with it. Using empirical legal research methods, the study gathers relevant data and analyzes the effectiveness of the cooperation agreement. The findings indicate that the implementation of the agreement is generally in line with the written terms. However, if the distributor does not adhere to the agreement, they may face legal penalties, including sanctions and fines. This research highlights the importance of contractual agreements in ensuring smooth LPG distribution and the need for compliance to avoid legal repercussions.
The Crime of Corpse Theft in Cemeteries in the Perspective of Islamic Criminal Law Septi Angraini Harahap; Sukiati
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10404.81-88

Abstract

The theft of corpses in Indonesian cemeteries, often for black magic and rituals, is a growing concern. The Criminal Code (KUHP) penalizes this act with up to one year and four months in prison and a fine of 4,500 rupiahs under Article 180. The Draft Criminal Code proposes harsher penalties, including up to two years in prison and a higher fine, under Article 271. This study examines corpse theft from the perspective of Islamic criminal law and assesses the relevance of current KUHP sanctions. The findings reveal that Islamic law strictly prohibits corpse theft, categorizing it as a serious violation of human dignity and a jarimah hudud crime for sariqah, rather than jarimah ta'zir. However, ta'zir sanctions apply if the conditions for hudud are unmet. This research aims to contribute to the discourse on the various forms of theft in society, emphasizing the importance of context and the evolving nature of legal issues in Islamic criminal law.

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