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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 21 Documents
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Search results for , issue "Vol. 6 No. 2" : 21 Documents clear
The The Impact of the Job Creation Law on Spatial Planning Policy: Challenges and Opportunities Utari Dewi Fatimah; Robi Assadul Bahri
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10846.82-89

Abstract

The birth of the Job Creation Law brings significant changes to spatial planning policies in Indonesia, with deregulation aimed at increasing investment and permitting efficiency. However, these changes also raise concerns regarding environmental sustainability and effective spatial governance. This research aims to evaluate the impact of the Job Creation Law on spatial planning policies in Indonesia and offer policy recommendations that can balance investment interests with environmental sustainability needs. This research use normative legal research employs a conceptual and statutory approach. Data were collected through literature studies that included legislation and scientific literature and then analyzed qualitatively from a legal perspective. The research results indicate that the Job Creation Law creates opportunities for increased investment but poses significant challenges in terms of oversight, coordination, and environmental preservation. Deregulation that facilitates land permits risks causing environmental degradation and conflicts of interest, especially in areas with high ecological vulnerability. The implications of this research are the importance of developing more adaptive spatial planning policies, strengthening implementation capacity at the regional level, and improving coordination between the central and regional governments. In addition, community involvement needs to be enhanced to support accountability and sustainability in spatial planning during this era of regulatory changes.
Criminal Law Analysis of the Exploitation of Women in the Film Sang Penari I Putu Edi Rusmana
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10858.12-20

Abstract

This study examines these issues within the framework of Indonesia's criminal law development, focusing on the film Sang Penari. Through the character Srintil, the film vividly portrays how cultural practices can entrap women in cycles of exploitation that are legitimized by societal expectations. Although Indonesia has adopted various progressive legal regulations such as Law No. 21/2007 on the Eradication of Trafficking in Persons and Law No. 23/2004 on the Elimination of Domestic Violence, implementation in the field still faces significant challenges. Lack of effective law enforcement, lack of public awareness, and socio-economic factors, such as poverty, contribute to the vulnerable situation for women. Therefore, to protect women from exploitation and violence, a multidimensional approach is needed that includes aspects of law, education and economic empowerment. This research emphasizes the need for integration between law, culture and social awareness so that women like Srintil can live with dignity and be protected from violence and exploitation.
Responsibility of The Perpetrator in The Form of Compensation for The Unlawful Act of Fraud Irene Princess AS Sinaga; Owen Gavriel Suherman; Nathanael's Star
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10896.68-74

Abstract

Fraud is an act that is clearly against the law that has been regulated in the Unitary State of the Republic of Indonesia where fraud can cause losses to the Indonesian people. However, asking for compensation for fraud that has been committed by certain individuals is not an easy thing to do because fraud can enter the legal chamber and the civil chamber where the criminal court has the authority to impose penalties on the perpetrator in the form of fines and imprisonment, while the civil court has the authority to order the perpetrator to provide compensation to the victim. Although fraud can be addressed through civil proceedings to seek compensation, the research highlights that proving fraud is most effectively achieved in a criminal court. This underscores the necessity of obtaining an infract criminal decision one that is legally binding to establish the fraud. Such a decision serves as a prerequisite for ensuring that a civil claim for compensation is neither deemed premature nor rejected. The research recommends prioritizing criminal proceedings as a foundational step to strengthen civil compensation claims and ensure their admissibility.
Progressive and Perfective Local Wisdom of Civil Law Study Japansen Sinaga; Irene Puteri AS Sinaga; Alum Simbolon
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10897.75-81

Abstract

Local wisdom, reflecting the values, knowledge, and strategies of local communities, plays a crucial role in shaping Indonesia's cultural identity and societal resilience. With its vast diversity, each region of Indonesia possesses unique traditions and local wisdom, integral to the nation's heritage. However, modernization and external influences have gradually eroded these traditional practices, particularly among younger generations. This study explores the role of local wisdom in Indonesia’s customary law and its integration into civil law using normative research methods, analyzing laws, doctrines, and jurisprudence. The research aims to identify the impact of local wisdom on customary law development and examine how progressive and responsive local wisdom can be effectively applied within the civil law framework. Findings suggest that integrating local wisdom into the legal system can create a more inclusive, adaptive, and contextually relevant framework, contributing significantly to the development of civil law theory and practice in Indonesia.
Criminal Acts of Persecution That Resulted in The Death of The Victim Ruth Febriani Hia; Ojak Nainggolan
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11186.90-94

Abstract

This study discusses the criminal act of assault that resulted in death, focusing on the case study of Decision Number 467/Pid.B/2022/PN Stb. The purpose of this research is to explore the importance of applying the principle of "equality before the law" in upholding justice and to assess whether the punishment imposed is appropriate given the consequences of the defendant's actions. This research uses a normative legal method with a statute-based approach, examining relevant regulations and laws related to cases of assault resulting in death. In this case, assault is defined as an act that causes pain or injury to the body, leading to the victim's death. The defendant was sentenced to 1 year and 7 months in prison under Article 351 paragraph (3) jo. Article 55 paragraph (1) point 1 of the Criminal Code. However, the analysis shows that the sentence is considered too lenient given the impact of the defendant's actions. Therefore, this study recommends that stricter law enforcement be applied to provide a deterrent effect and better justice for society.
The Effectiveness of Village Head Performance in Public Service According to Law Number 6 Of 2014 On Village Development from The Perspective of Fiqh Siyasah Mitra Perdana; Abd Mukhsin
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11290.119-126

Abstract

This research aims to analyze the effectiveness of the village head's performance in public services according to Law Number 6 of 2014 concerning Villages, as well as to examine the perspective of fiqh siyasah in the implementation of these tasks. The method used is a qualitative approach, with data collection through in-depth interviews, observations, and studies in Kinangkung village, Sibolangit District, Deli Serdang Regency. The research results show that the effectiveness of the village head's performance is influenced by factors such as transparency, accountability, and community participation. The principles of fiqh siyasah, such as justice, deliberation, and public welfare, provide an important ethical foundation in decision-making. This research recommends enhancing the capacity of village heads through training, as well as strengthening community participation in the village development process, to achieve more effective and equitable public services. This research uses a qualitative approach with descriptive analysis, integrating the principles of fiqh siyasah related to governance and leadership in Islam. Fiqh siyasah focuses on the principles of justice, accountability, and community welfare in governance. This research evaluates the performance of village heads in the context of implementing the Village Development Law, including the planning, execution, and supervision of village development policies. The research results show that the effectiveness of the village head's performance is influenced by community satisfaction, service speed, transparency, and accountability. The perspective of fiqh siyasah provides an ethical framework and leadership principles that can enhance the quality of public service and the accountability of village heads.
The Process of Formulating Legislation Loly Anggita Saragih
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11292.103-110

Abstract

The development of national law in Indonesia is influenced upon the preparation of legislation, which is contingent upon the implementation of effective methods that bound all authorised institutions in the lawmaking process. The purpose of this study is to examine the underlying principles involved in the formulation of law in Indonesia, as well as the issues and barriers that arise during implementation. The primary goal of this research is to determine how far the current lawmaking process adheres to the principles of the rule of law in Pancasila, the protection of human rights, the principle of equality before the law, and the established principles of lawmaking outlined in applicable laws. This research also asks for to determine the extent to which a legal system that is just transparent, and responsive to society's needs can be formed through the legislative process, which is conducted by legitimate institutions that are selected through democratic processes. This paper investigates how Indonesia's legislative machinery might be improved to provide legal certainty and democratic government using normative and historical perspectives. This study is projected to improve the lawmaking process in Indonesia, promoting the creation of planned, integrated, and sustainable national law
Legal Analysis of Financial Technology (Fintech) Based Online Loan Agreements and The Legal Consequences Yovan Raphael S. Pandia; Widodo Ramadhana
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11342.111-118

Abstract

Borrowing and lending activities, whether conducted directly or indirectly, have become an integral part of people's lives, particularly with the rise of Financial Technology (Fintech). Fintech refers to financial services leveraging advancements in computerized technology to facilitate transactions, making it easier for individuals to conduct transactions involving products, goods, and services. Against this backdrop, this study explores key issues related to fintech-based online loan agreements: (1) What is the mechanism for canceling a fintech online loan agreement under applicable laws? (2) What forms of legal protection are available for debtors entering into fintech-based online loan agreements? (3) What are the legal consequences of canceling such agreements for both lenders and borrowers? This study employs a normative legal research method, collecting data from primary and secondary legal materials, including journals, literature, and statutory regulations. The collected materials are analyzed qualitatively and descriptively. The findings reveal that fintech-based online loan agreements may be invalidated if they fail to meet the requirements outlined in Article 1320 of the Civil Code or violate Article 47 paragraph (2) of Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions (PP PSTE). Furthermore, legal protection for creditors in fintech-based agreements comprises both preventive measures and repressive legal protections.
Legal Protection of Indonesian Migrant Workers to Achieve the Principles of Decent Work and Economic Growth in SDGs Defisa; Endeh Suhartini; Nurwati
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11380.1-11

Abstract

Poverty is a major challenge to development in Indonesia, with the number of poor people reaching 28.01 million in 2016. Economic inequality between rural and urban areas worsens the situation, so that employment opportunities, including through sending Indonesian Migrant Workers (PMI) abroad, are one of the important solutions. PMI, the majority of whom are women, contribute significantly to the country's foreign exchange through remittances of up to hundreds of trillions of rupiah per year. However, challenges such as discrimination, exploitation, violence, and limited legal protection are still serious problems. The Indonesian government has sought better protection through Law No. 18 of 2017, bilateral cooperation, and integration of decent work principles in accordance with SDG 8, which includes pre-placement education, legal protection, and international cooperation. This study employs a normative legal approach by analyzing relevant laws and regulations to evaluate their effectiveness in protecting PMI. Interviews with stakeholders, including policymakers and migrant workers, provide practical insights to complement the legal analysis. Secondary data, including statutory regulations, court decisions, and academic literature, are examined narratively to assess existing policies and their implementation. The results show that the legal protection model for PMI has not fully guaranteed their security and welfare. Regulatory revisions are needed to address the rampant cases of violence and exploitation. Implementation of the principle of decent work requires the active involvement of the government, non-governmental organizations, and destination countries. Socialization of workers' rights must be strengthened to empower migrant workers in fighting for their rights. To enhance migrant workers' safety and welfare, regulatory reforms are urgently needed to address persistent issues of violence and exploitation. Strengthening enforcement mechanisms and cross-border cooperation is crucial to ensuring legal protection. An integrated policy approach that involves government, civil society, and international stakeholders is imperative to create a more effective protection framework and maximize PMI's contributions to national development.
Implementation Of Law Number 6 Of 2014 On Villages And Its Implications In Portibi Jae Village, North Padang Lawas Regency Alamsyah; Khalid
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11492.136-143

Abstract

The aim of this research is to understand the implementation of Law No. 6 of 2014 on Villages and its implications for village development in Portibi Jae Village, Portibi District, North Padang Lawas Regency. Villages play a key role in the development of infrastructure and human resources (HR) in the region. The progress of a village impacts the development of the surrounding area and supports national development. This study is an empirical legal research that is descriptive and qualitative, using a case approach. The data collection techniques used are observation, interviews, and documentation. The results of the study show that the implementation of the Village Law in Portibi Jae Village has been carried out in accordance with applicable regulations, involving community participation, village governance, community economic empowerment, village fund management, and strengthening village institutions. The implications of the Village Law in Portibi Jae Village cover three main sectors: increased community participation, strengthened community economy through various programs including BUMdes (Village-Owned Enterprises), and improved village governance that is more accountable, transparent, and proactive, involving the village community. The impact of this implementation is reflected in the improvement of the physical condition of Portibi Jae Village, better village services, increased values of mutual cooperation in development, and the emergence of handcraft industries such as making bags and mats from gebang palm, mango syrup production, and banana chips by community groups. These activities contribute to the improvement of the community’s economy.

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