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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 13 Documents
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Search results for , issue "Vol. 6 No. 1" : 13 Documents clear
Criminal Law Enforcement Against Ding Dong Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn) Habibullah Nasution; Khalid
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10520.1-8

Abstract

Criminal Law Enforcement Against Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn). Gambling is a harmful activity that many people engage in. This is one of the crimes that is classified as forbidden by law or religion. Nonetheless, the community as a whole engages in this behavior frequently because they believe that winning this gambling game will double their earnings. Numerous prohibited behaviors exist, ranging in size from little to vast, deliberate or inadvertent, and motivated by genuine whims or practical pranks. Regardless of age, gambling is becoming more and more commonplace. This researcher applies a particular kind of normative legislation. The study methodology known as the normative legal research technique is centered on the examination of primary and secondary sources as well as literature. Both a conceptual approach and a legislative approach are employed in this study. Scholars' perspectives provided the key data for this investigation. Secondary data on this study topic was gathered in the interim from relevant books, papers, journals, and laws. The Medan District Court stressed in its ruling that gambling activities, including fish shooting and ding dong gaming, were illegal based on its review of judgment Number 1311/Pid.B/2020/PN.Mdn. This ruling is a reflection of the rigorous efforts made by law enforcement to implement the rules against gambling-related offenses, which are forbidden under the Law of the Republic of Indonesia. Gambling criminals may face jail time or fines as part of their criminal penalties.
Accountability of The Government of The Republic of Indonesia For Illegal Migrant Workers Amilatul Khoiriyah; Didiek Wahju Indarta
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10533.50-55

Abstract

The accountability of the Indonesian government towards illegal migrant workers. This study examines how the government is accountable to illegal Indonesian migrant workers. This study aims to find out the causes, obstacles, and legal protection of illegal Indonesia migrant workers. This study uses a normative approach used to examine the protection of migrant workers in the context of government accountability for illegal migrant workers. The data sources used are primary data and secondary data and data analysis using qualitative descriptive analysis. The results of the study can be concluded that illegal Indonesian migrant workers do not receive strong legal protection and accountability from the government like legal migrant workers. This study recommends the need for stricter supervision of institutions that open service services to work abroad and for the public to be aware of false information about the rapid departure of Indonesia's migrant workers.
The Role of the Village Head in Managing Bumdes Based on Law no. 06 of 2014 concerning Villages in Realizing Community Welfare Perspective of Islamic Law (Case Study of Bumdesa Aek Haruaya, Portibi District, North Padang Lawas District) Roufdy Rizky Prasetyo; Khalid
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10535.9-17

Abstract

This study uses a case study of BUMDes Aek Haruaya, Portibi District, Padang Lawas Utara Regency, to analyze the function of the Village Head in the management of Village-Owned Enterprises (BUMDes) based on Law No. 06 of 2014 on Villages and from an Islamic legal perspective. The primary goal of this study is to assess the Village Head's performance in managing BUMDes and the ways in which this management promotes the welfare of the village community. Field study using a descriptive qualitative technique is the research methodology employed. Through observations, interviews, and pertinent document analyses, data were gathered. According to the report, the Village Head is crucial to the planning, implementation, and evaluation of BUMDes programs. According to Law No. 06 of 2014, the Village Head is expected to manage BUMDes with high transparency and accountability. From an Islamic legal perspective, the management of BUMDes should adhere to principles of justice, welfare, and economic sustainability. The study also identified several challenges, including a lack of resources and training. The main recommendations include enhancing the Village Head's capacity through training, increasing resource allocation, and implementing effective monitoring and evaluation systems. The conclusion of this study emphasizes the importance of the Village Head's role in managing BUMDes to achieve community welfare, while adhering to legal regulations and Islamic principles.
Zulna Fiqih Siyasah On Bnn's Duties in Overcoming Drug Trafficking According to Bnn Regulation Number 5 Of 2020 (Case Study of Tanjung Selamat District, Padang Tualang District, Langkat Regency) M. Nashuha; Zulkarnain
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10548.23-33

Abstract

Countering drug trafficking is one of the major challenges in maintaining public safety and welfare. This study focuses on BNN Regulation Number 5 of 2020 and its implementation in Tanjung Selamat Village, Padang Tualang District, Lalat Regency, and looks at the perspective of fiqh siyasah on the duties of the National Narcotics Agency (BNN) in dealing with drug trafficking. The type of research in this case is empirical juridical with a sociological approach. Primary data was obtained through an interview process with related parties. The results of the study show that despite obstacles such as budget limitations and limited access, BNN's efforts in Tanjung Selamat Village are in line with the principles of justice and protection in fiqh siyasah. The results show that, in the context of fiqh siyasah, BNN regulation Number 5 of 2020 concerning the organization and governance of the National Narcotics Agency supports the government's efforts to protect the public from the dangers of drugs and provides guidance to increase the effectiveness of local drug control strategies.
Law Enforcement of Domestic Violence Cases Reviewed from Law No. 23 of 2004 concerning the Elimination of Domestic Violence (Case Study at the Medan Police PPA Unit) Haris Setiawan; Zaid Alfauza Marpaung
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10557.34-42

Abstract

This research aims to analyze the implementation of law the challenges faced by the Medan Police in enforcing laws against domestic abuse crimes. Two types of data were used in this study: primary and secondary. The primary data was obtained through an in-person interview with Mrs. Shitta Syadhira Ayu, the Assistant Investigator of the Medan Police PPA Unit. Books, magazines, articles, papers, and statutory regulations especially those pertaining to the topics under discussion all constitute sources of secondary data. The study's findings clarify how the Medan Police's response to domestic abuse crimes included both repressive and preventive measures and the obstacle factors in law enforcement for criminal acts of domestic violence at the Medan Police are obstacles in penal mediation and obstacles in the legal process. Obstacles in resolving criminal acts of domestic violence through legal channels, namely the collection of initial evidence and the attitude of the victim himself.
Criminal Responsibility For The Perpetrator Of The Crime Of Sexual Abuse Committed By A Child Perpetrator Against A Child Victim Verdict Number : 35/Pid.Sus-Anak/2023/ Pn Mdn Michael Nainggolan; Jessie; Novida Silaban; Sigar P. Berutu
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10562.18-22

Abstract

This study examines the criminal responsibility of juvenile offenders involved in sexual abuse cases, focusing on Decision No. 35/Pid.Sus-Anak/2023/PN Mdn. Indonesia's legal framework for child protection is grounded in the 1945 Constitution and laws such as the Child Welfare Law No. 4 of 1979 and the Child Protection Law No. 35 of 2014. These laws aim to ensure children's rights to safety and balanced development, even when they are involved in criminal activities. Using a normative juridical approach, this research analyzes legal materials related to juvenile justice and child protection. The case study involves a juvenile perpetrator convicted of sexual abuse, highlighting the application of restorative justice principles. The research emphasizes that even when children commit crimes, they should receive legal protection that promotes their rehabilitation. In Decision No. 35/Pid.Sus-Anak/2023, the judge sentenced the juvenile offender to formal education and training, reflecting the goal of restorative justice, which prioritizes rehabilitation over punishment. This case illustrates the importance of considering non-juridical factors, such as psychological and social development, in the juvenile justice process. The study concludes that legal protection for children in conflict with the law should aim to foster their development into law-abiding citizens, aligning with the principles of restorative justice.
Analysis of Domestic Infidelity Resulting in Loss of Life SUPREME COURT DECISION NUMBER 350 K / PID / 2011 Rogabe Rajagukguk; Frans Doni A. Pasaribu; Tarisa Alfani Siregar; Said Rizal
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10580.89-95

Abstract

This study aims to analyse the legal implications of infidelity in the household that leads to the loss of life with a case study of Supreme Court Decision Number 350 K/PID/2011. The research focuses on how Indonesian law addresses cases where infidelity results in murder, as well as the legal challenges faced in prosecuting such cases, including the intersection of criminal law and family law. The study investigates the obstacles encountered by law enforcement, such as conflicting testimony and insufficient evidence, which complicate the prosecution of infidelity-related homicides. The study uses a normative juridical method along with a descriptive analysis of court decisions and legal texts to show differences between how the crime was categorised by the law and how it was found by the courts. The findings indicate that we can classify infidelity in this context as a factor contributing to premeditated murder, but we still face significant legal hurdles in distinguishing the criminal liability of involved parties. We offer recommendations to strengthen law enforcement's capacity, improve judicial processes, and enhance transparency in handling such cases.
Criminal Offenses of Misuse of Deepfake Porn Technology Based on Indonesia's Positive Law Siti Nur Azizah; Zaid Alfauza Marpaung
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10583.43-49

Abstract

This study aims to analyze the adequacy of Indonesia's positive law in addressing the criminal offenses related to the misuse of deepfake porn technology. As information and communication technology continues to advance significantly, many people utilize these technological developments for beneficial purposes. However, these advancements have also contributed to the rise of new forms of cybercrime, such as deepfake porn a manipulated video or photo containing pornographic content. The normative juridical technique used in this study includes secondary data analysis and literature review. Despite laws targeting the use of pornographic content on websites, such as the Criminal Code, Law Number 44 of 2008 on Pornography, Law Number 27 of 2022 on Personal Data Protection, and Law Number 1 of 2024 (Second Amendment to Law Number 11 of 2008 on Information and Electronic Transactions), the findings show that Indonesia's current legal framework is insufficient to effectively prosecute deepfake porn offenders. The absence of precision in these legal laws regarding deepfake porn reveals serious weaknesses in the criminal law policy of the nation.
Law Enforcement and Protection in The Management of Incidental Parking in Medan City Pebri Anto Purba; M Rizal
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10596.66-73

Abstract

This study aims to conduct a comprehensive analysis of law enforcement and legal protection in the management of incidental parking in the city of Medan. Incidental parking refers to temporary and unscheduled parking services that are often subject to legal challenges related to governance, security, and the protection of users’ rights. Through a normative juridical approach, this study examines the level of compliance with applicable regulations, including local regulations and laws that govern parking systems in urban areas. The research also delves into the practical implementation of these regulations, identifying gaps and challenges that exist within the current system. Several key issues are highlighted, including the lack of effective supervision, inconsistencies in tariff setting, and limited transparency in the management of incidental parking services. These problems can create uncertainty and potential injustice for the public, particularly for service users who often encounter arbitrary practices. Furthermore, the study evaluates the extent to which consumer rights are protected in incidental parking scenarios, examining the legal mechanisms in place to safeguard these rights and the role of local government authorities in ensuring compliance with legal standards. The findings reveal significant weaknesses in law enforcement within the incidental parking management system in Medan, particularly in relation to regulatory oversight and enforcement. The study emphasizes the need for stronger, more effective supervision and enhanced regulatory frameworks to address existing deficiencies. In order to achieve better public protection, the local government is urged to implement policies that increase transparency, ensure fair pricing, and improve accountability among parking service providers.
Juridical Analysis of PTUN Decision No. 128/G/PTUN-MDN Regarding the Dismission of Civil Servants Without Respect from the Perspective of Fiqih Siyasah Bayu Rizky Wirawan; Muhammad Ramadhan
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10597.56-65

Abstract

This study aims to conduct an in-depth analysis of PTUN Decision No. 128/G/PTUN-MDN concerning the dismissal of civil servants (PNS) without honor. Utilizing a fiqh siyasah approach, this research explores the juridical and administrative aspects of the decision. In the legal context, the study examines the compliance of the decision with various applicable regulations, including Law No. 5 of 2014 on State Civil Apparatus, which regulates the procedures and processes for dismissing civil servants. Additionally, this research assesses whether the dismissal process has been carried out in accordance with the principles of good governance, such as transparency, accountability, and participation. From the perspective of fiqh siyasah, this study aims to evaluate the legitimacy of government actions in dismissing civil servants and their impact on justice and the protection of individual rights. The analysis includes a comparison with Islamic principles related to justice and human rights. The findings indicate that the PTUN decision serves not only as a means of legal enforcement but also reflects the ethical and moral values that should be upheld in governance. This decision can be seen as a manifestation of efforts to create justice in public administration and the necessity of considering moral aspects in every government action. This research contributes significantly to the understanding of the complex relationship between law, public administration, and Islamic values in public policy, emphasizing the importance of integrating fiqh siyasah principles into governmental decision-making.

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