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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
Exemption from the position of Head of the Health Office by the Regent of Deli Serdang (Study of the Decision of the State Administrative Court Number 38/G/2023/PTUN. MDN Siyasah Qadhaiyyah Perspective) Risalah Adha Harahap; Tetty Marlina Tarigan
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.6.1.10609.74-88

Abstract

In this study, the state administrativ Court's (PTUN) Decision Number 38/G/2023/PTUN.MDN is analyzed which is related to the dismissal of the Head of the Deli Serdang Health Office by the Regent. The main issue raised is the legality of the dismissal from the perspective of administrative law and the principles of siy?sah qa?h?’iyyah. This research employs a library research method aimed at collecting and analyzing data from various literature sources, including books, journals, legislation, and relevant court decisions. The research methodology consists of several main approaches, namely normative juridical studies, legislative approach, conceptual approach, and case approach. The key findings indicate that although the Regent has the authority to impose disciplinary sanctions, the dismissal decision did not meet the proper procedural standards. The court found that the decision was procedurally flawed and unsupported by sufficient evidence. Additionally, the Regent was deemed unjust for not providing adequate explanation regarding the alleged violations committed by the Plaintiff and appeared to favor other officials involved in similar violations. The conclusion of this research emphasizes the importance of justice, transparency, and adherence to legal procedures in administrative decision-making. The PTUN ruled in favor of the Plaintiff, annulled the Regent's decision, and reinstated the Plaintiff to their previous position. This ruling reflects the principles of accountability and justice in public service, which must be upheld in governance.
Legal Protection of Insurance Policyholders of PT Aspan Medan in the Revocation of Business License by the Financial Services Authority Institution Nasution, Kumala Sari; Budhiawan, Adlin
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.6.1.10611.103-112

Abstract

Public trust in insurance companies is growing rapidly, as shown by the amount of premiums successfully collected by insurance companies. Therefore, insurance companies must improve their performance to support public trust in insurance. The life insurance firm Aspan Medan Company lost its business license from Financial Services Authority. Financial Services Authority roles, functions, and authority are the study's issues. Impact of Financial Services Authority insurance business license revocation on parties' mechanisms, rights, and duties Juridical examination of Financial Services Authority insurance company license revocation According to Insurance Law 40 of 2014, Descriptive legal research employs normative and empirical methods. Literature-based qualitative data analysis. Financial Services Authority regulates and supervises banks. Bank health regulation and monitoring. Bank prudential regulation and oversight. Mechanisms, rights, and duties of parties affected by Financial Services Authority insurance business license revocation. Financial Services Authority insurance company license revocation process A member of the Financial Services Authority Board of Commissioners and the Chief Executive Officer of the Nonbank Financial Industry Supervisor approve the letter of revocation of an insurance business license, transferring all rights and obligations to third parties, creditors, and policyholders. Juridical review of the Financial Services Authority's revocation of an insurance business license under Insurance Law Number 40 of 2014. If the Financial Services Authority believes the Insurance Company's condition endangers Policyholders, Insured, or Participants, it may revoke business licenses without other administrative sanctions.
Legal Analysis of The Role of Mediators in The Sibolga Religious Court in Minimizing Divorce Rates Chairun Nabila; Syofiaty Lubis
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.6.1.10629.97-102

Abstract

This study aims to analyze the role of mediators in the mediation process of divorce cases at the Sibolga Religious Court and the effectiveness of mediation efforts in minimizing the divorce rate. Based on data from the Sibolga Religious Court, there was a significant increase in the success rate of mediation in 2021 and 2022. In 2021, from a target mediation success rate of 5%, the realization reached 11.36%, more than double the initial target. In 2022, the success of mediation increased again, reaching 20%, aligning with the set target. In addition, the number of divorce cases decreased from 142 cases in 2021 to 127 cases in 2022. This type of research uses qualitative research with data collection techniques through in-depth interviews with mediators and direct observation to the Sibolga Religious Court and relies on legal documents, mediation reports, related laws and regulations, journals, books, and other relevant articles. The results of the study show that mediators have an important role in facilitating communication and negotiation between the parties to the case, helping them reach a peaceful agreement without having to proceed with the divorce. The increase in mediation effectiveness can be attributed to a variety of factors, including mediator training, a more personalized approach, and increased public awareness of the importance of mediation. In conclusion, mediation at the Sibolga Religious Court has proven to be effective in reducing the divorce rate, and with a more intensive strategy, mediation has greater potential to resolve family conflicts.

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