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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 202 Documents
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Legal Construction of Parameters Determining Default and Fraud in an Agreement noor, tajuddin
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.110-115

Abstract

Legally made agreements are binding for the makers. However, in practice, contractors who do not perform their obligations are often prosecuted through criminal law based on Article 378 of the Criminal Code, giving rise to the perception of overlap between default and fraud. This pape analyzes the legal parameters to distinguish between default and fraud based on a normative juridical approach. This research uses secondary data consisting of primary, secondary, and tertiary legal materials. The results of the analysis show that default is born from contractual obligations based on agreements with indicators of good faith, while fraud is rooted in criminal acts based on malicious intent (mens rea) with indicators of a series of lies. This research recommends a strict separation between the civil and criminal domains to realize legal certainty
Execution of Mortgage Rights: Creditor’s Legal Remedies for Third Party Claims Against Auctioned Collateral Utami, Putu Devi Yustisia; Purwanti, Ni Putu; Yusnia, Gusti Ayu Era; Paramitha, Sally; Palguna, Made Gde Surya Dharma
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.151-159

Abstract

This study examines the legal implications of lawsuits filed against collateral objects on the implementation of mortgage right execution under Indonesia Mortgage Law. Normatively, Article 6 of the Mortgage Law stipulates that upon the debtor’s default, the first-ranking mortgage holder has the right to independently sell the mortgaged object through a publich auction (parate execution). However, in practice, such executions are frequently obstructed by pre-auction lawsuits concerning the collateral, thus impeding enforcement. Using an empirical juridical method, this research analyzes the legal consequences of lawsuits on the execution of mortgage rights and the creditor’s legal remedies upon a lawsuit filed against the object of the mortgage right. The result of this study indicate that a lawsuit concerning the collateral object for auction legally prevents the execution of mortgage rights through parate execution, and the legal remedy available to banks as a creditor is to pursue execution through an executorial title in District Court. This process requires a fiat executions issued by the Chief Judge of the District Court, in accordance with Article 34 paragraph (3) of the Minister of Finance Regulation concerning Auction Guidelines 2023. This study recommend that the government should enact a specific regulation governing the procedures for executing mortgage rights via District Courts as mandated by article 26 of Mortgage Rights. Furthermore, the judiciary is encouraged to establish dedicated units within District Courts specifically tasked with handling collateral executions, to develop and implement of nationwide online filling system for execution applications.
The Effectiveness of the Implementation of Bali Governor Regulation No. 47 of 2019 on Source-Based Waste Management Dewi, Putu Eka Trisna; Dwijayanti, I Gst. Ag. Laksmi
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.96-104

Abstract

Bali Governor Regulation No. 47 of 2019 stipulates that producers are obligated to reduce waste by retrieving household waste—and similar types of waste—from products and their packaging for recycling, reuse, and repurposing. In this regard, producers must designate unit waste banks, sector waste banks, and/or main waste banks in each district/city as Temporary Storage Facilities. The approach employed in this empirical legal research is descriptive-analytical. In this study, primary data were obtained from interviews conducted by the author with respondents and informants directly in the field. The respondents comprised members of the community in Kelurahan Ubung. Legal materials were collected through interviews, and the analysis of these materials was carried out using a descriptive qualitative method. The analysis indicates that, prior to the implementation of Bali Governor Regulation No. 47 of 2019, waste management in Kelurahan Ubung faced challenges such as inadequate waste management infrastructure, an unorganized collection system, insufficient waste sorting, and low environmental awareness among the community. However, following the implementation of the regulation, significant improvements were observed in the area. The effective implementation of the regulation has yielded positive outcomes, including enhanced waste management infrastructure, more coordinated and source-based waste management practices, increased environmental awareness among community members, as well as improved waste sorting and recycling. Consequently, the policy has succeeded in enhancing the quality of waste management and in delivering positive impacts on both the environment and the well-being of the community in Kelurahan Ubung.
Legal Certainty in the Transfer of Land Rights Based on Deed of Transfer Under Private Hand Legalized by a Notary Sugiartha, I Ketut; Mahendrawati, Ni Luh Made
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.105-109

Abstract

The role of notaries as public officials authorized to prepare authentic deeds is increasingly challenged by the rising complexity of financial crimes such as money laundering. While Indonesian regulations obligate notaries to implement the Know Your Customer principle (Prinsip Mengenali Pengguna Jasa/PMPJ), a normative gap exists in the Law on Notary Office (UUJN), particularly in Article 38, which does not authorize notaries to actively verify the legal identity or intentions of their clients. This discrepancy between regulatory obligation and statutory limitation creates legal uncertainty and exposes notaries to potential criminal liability. Previous studies have focused on compliance issues and ethical dilemmas faced by notaries but lack a comprehensive legal protection framework. This study aims to analyze the normative position of notaries in implementing PMPJ and to formulate an ideal legal protection model. The research employs a normative juridical method with statutory, conceptual, and case approaches, supported by qualitative-deductive analysis. The findings reveal that without the authority to verify client data beyond formal documents, notaries are vulnerable to misuse in money laundering schemes. The study proposes a legal reform model comprising: (1) revision of the UUJN to authorize controlled verification; (2) limited legal immunity for compliant notaries; and (3) integration of technological tools such as digital identity authentication. This work advances the current state of knowledge by highlighting the urgent need for harmonization between notarial duties and anti-money laundering mandates, thereby ensuring both legal certainty and protection for notaries within Indonesia’s evolving legal system.
Criminal Liability for Illegal Crypto Asset Investments in Indonesia Putra, Anak Agung Gede Krisnantara
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.116-122

Abstract

The development of digital technology has driven the growth of crypto-asset-based investments in Indonesia, but it has also opened up opportunities for illegal investments that risk consumer harm and disrupt economic stability. This study aims to analyze the criminal liability of perpetrators of illegal crypto-asset investments and its impact on consumer protection and national economic security. Using a normative juridical method with a statutory and conceptual approach, this study examines regulations such as the Criminal Code, the Electronic Information and Transactions Law (UU ITE), the Consumer Protection and Protection Law (UU P2SK), as well as regulations from the Commodity Futures Trading Regulatory Agency (Bappebti) and the Financial Services Authority (OJK). The results of the study indicate that legal protection for crypto-asset consumers remains weak, particularly in the case of illegal tokens such as ASIXV2 and EDCCash, which are traded without official authorization. Ineffective law enforcement is influenced by weak inter-agency coordination, a lack of technical competence among officials, and the absence of specific laws comprehensively regulating digital assets. Criminal liability theories such as strict liability and vicarious liability are relevant for application to individual and corporate perpetrators of crime. Furthermore, regulatory ambiguity and light sanctions reduce the deterrent effect and encourage violations. This study recommends the establishment of a Digital Asset Law, strengthening inter-institutional coordination, and enhancing digital literacy and oversight to ensure legal certainty and protect the public from the risks of illegal crypto investments.
Effectiveness of Narcotics Crime Assessment At the National Narcotics Agency of Badung Regency Arta, I Dewa Gede Dwitya Giri; Sugiartha, I Nym Gd; Rideng, I wayan
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.123-133

Abstract

The problem of narcotics has become a very concerning problem in Indonesia in Bali in particular. The National Narcotics Agency is one of the institutions authorized to deal with narcotics problems and rehabilitate narcotics addicts. It is hoped that rehabilitation of narcotics addicts can reduce narcotic problems. Assessment Arrangement and Implementation of Rehabilitation by the National Narcotics Agency of Badung Regency. The research method used in the assessment arrangement and the impact of assessment in narcotics crimes is an empirical method. The goal to be achieved in this study is to find out how effective the assessment of narcotics crimes in the National Narcotics Agency of Badung Regency. The results showed that the implementation of assessments at the Badung Regency National Narcotics Agency has not been effective because the judge's decision still has not used the results of the Recommendations of the Integrated Assessment Team in consideration of the determination of the verdict. Judges are still inclined to sentence prison confinement to defendants without considering sanctioning in the form of rehabilitation measures on the accused for recovery from narcotics snares.
Just Execution with Permanent Legal Force Wiraputra, Anak Agung Ngurah Alit; Suryadi, Yohanes I Wayan
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.134-141

Abstract

The execution of a civil case decision that has permanent legal force often experiences obstacles in its implementation, and is even difficult to implement. This is contrary to the principles of a simple, fast, and cost-efficient justice system, especially in the execution process. The applicant for execution, who hopes that his rights can be fulfilled by the respondent, is often burdened by high execution costs, even though the execution is carried out not due to the applicant's fault, but due to the respondent's unwillingness to voluntarily implement the decision. In this case, the aim is to analyze the regulation of the execution of civil case decisions that do not reflect justice, identify weaknesses in the implementation of the execution of civil cases that have permanent legal force, and provide a concept of justice-based execution reconstruction. The approach used in this study is normative juridical with a post-positivism paradigm, as well as through the approach of laws, concepts, comparisons, and cases. It can show that the current execution regulation does not provide a sense of justice, with the existence of legal uncertainty and problems in the execution procedure. Weaknesses in the legal substance in the HIR/RBg, as well as structural weaknesses and legal culture, are the main factors in the ineffectiveness of the execution of civil case decisions. Legal reconstruction includes changes to related articles in the HIR and the General Courts Law, as well as the establishment of a special institution that handles confiscation and execution. So that a fairer execution concept can be created and provide legal certainty for execution applicants.
Omnibuslaw, Theory and Practice in the Field of Tourism Investment Arjaya, Bendesa Gede Mas Indriyanigraha; Wiraputra, Anak Agung Ngurah Alit
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.142-150

Abstract

Execution is the implementation of a court decision that has permanent legal force (in krach van gwijsde) which is carried out by force against the losing party in a case who does not want to comply with the implementation of the court decision. As with the "word execution" which has been known especially in legal circles, it turns out that the word comes from English which in the original text is written excecutie which means to carry out, do, carry out, do, kill according to the judge's decision. Carrying out the death penalty in short, execution means carrying out or relating to the implementation of the executive institution, for example, which means an institution that has the authority to implement the Law. This process involves the assistance of court officials, including clerks and bailiffs, and can use general force such as the police or military if necessary. Execution aims to ensure the implementation of decisions that contain elements of punishment and must be carried out by paying attention to humanitarian values and justice. Law, as a tool to achieve social goals, has an important role in creating a more just and prosperous society, by accommodating public, social, and personal interests. In developing tourism in a region, it is necessary to pay attention to the potential of the region concerned. The more potential there is in an area, the more feasible the area is to be developed into a tourist destination so that the implementation of execution in tourist areas is very risky because it involves security forces. The implementation of execution involving security forces will affect the community and residents in tourist destinations that are widely visited by tourists, because it can affect the comfort and safety of tourists.
Investment Regulations in the Development of Tourism Services for Persons With Disabilities Ariawan, Ida Bagus
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.160-163

Abstract

Disabled tourists represent a significant market segment in the tourism industry due to their large numbers and growth potential. They face physical, mental, intellectual, or sensory limitations that hinder full participation in tourism activities. In this context, they are entitled to specific facilities, including accessible destinations, transportation, and accommodations. Law Number 10 of 2009 does not specifically regulate tourism as a service trade, but rather certain aspects such as transportation, accommodation, food services, and others. Although tourism services for persons with disabilities are available in Indonesia, current systems have yet to optimize this market’s potential. Existing policies remain general and do not adequately address the specific needs of disabled tourists. Based on this, the study explores: (1) how investment in tourism services for disabled persons is currently regulated, and (2) how regulatory frameworks can be constructed to align with the characteristics of disabled tourists. This normative legal research applies statutory and conceptual approaches.
The Weakness of State Administrative Law as a Catalyst for Corruption in Indonesia: A Juridical Perspective and Proposed Solutions Prathama, Anak Agung Gede Agung Indra
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.164-174

Abstract

From a juridical perspective, the weakness of the State Administrative Law (SAL) system can be regarded as one of the factors that facilitates the occurrence of corruption in Indonesia. The ambiguity of legal norms and the inadequacy of supervisory instruments within the framework of SAL create loopholes for the abuse of power by state officials, which ultimately harms the public interest. Corruption—essentially the misuse of public authority for personal or group gain—often thrives within an administrative system that lacks sufficient principles of efficiency, transparency, and accountability. Based on this premise, the focus of this study is directed toward two main legal issues related to investment governance in Bali Province: (1) How can a juridical perspective help in understanding the weakness of State Administrative Law as a trigger for corruption in Indonesia? and (2) What solutions can be proposed to address the weaknesses in State Administrative Law in order to prevent corruption in Indonesia? This study is doctrinal in nature and utilizes primary, secondary, and tertiary legal materials. The data collection technique involves the card system and employs a statutory approach, factual approach, and conceptual analysis approach. The findings of this research indicate that juridical approaches to combating corruption should not be limited to repressive measures or sanctions but must also include preventive and corrective strategies. This includes reforming the structure of administrative law, optimizing oversight mechanisms, and integrating administrative law principles into all aspects of government administration. Systemic efforts to strengthen State Administrative Law as part of an anti-corruption strategy must be implemented collaboratively and sustainably. These efforts include regulatory reform, institutional restructuring, and the reinforcement of integrity values and transparency principles in the execution of governmental functions.

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