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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 163 Documents
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Element of Loss in Qualifying an Act as an Unlawful Act Muhammad Hafizhan Armansyah; Adlin Budhiawan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10067.244-251

Abstract

The aim of this research is to determine the criteria for classifying losses as aspects of criminal acts and the factors judges take into account when classifying losses. This study employs a normative research methodology, which is legal research that views the law as a set of norms. The data sources used in this study are secondary sources, namely journals, Supreme Court Decisions RI Number 2638 K/Pdt/2014, and some laws. Research Results According to R. WirjonoProjodikoro: R. Wirjono Projodikoro interprets the word onrechtmatigedaad as an unlawful act. According to him, the word "deed" in the series of words "unlawful act" can be interpreted positively but also negatively, that is, it also includes things that people can be said to be in violation of the law by just being silent because according to the law, the person should act. It is the duty of judges, particularly constitutional judges, to investigate, uphold, and comprehend the legal principles and sense of justice that permeate society, according to Law Number 48 of 2009, Article 5, paragraph 1. Qualifying events is much more difficult than constatizing events, because constituting events means seeing concrete events, something that can be seen, while qualification in this case is an abstraction rather than the concrete event.
Perspective of the Gonting Julu Village Community, Huristak District, Padang Lawas Regency Regarding Delays in the Distribution of Inheritance Novi Arbaini Daulay; Amal Hayati
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10090.260-270

Abstract

This research aims to understand the perspective of the community in Gonting Julu Village, Huristak District, Padang Lawas Regency, regarding the delay in the distribution of inheritance, which often is not promptly executed. The delay in inheritance distribution has become a common practice. The problems addressed in this study include understanding the legal aspects of delaying inheritance distribution for heirs according to Islamic law and exploring the perspectives of the Gonting Julu village community that contribute to the factors causing the delay in inheritance distribution in Gonting Julu Village. This research employs a qualitative method with a case study approach. It examines the applicable legal provisions and what occurs in reality within the community. The primary data sources for this research are community leaders, local elders, and the residents of Gonting Julu Village. Secondary data sources include documents, books, articles, internet searches, and more. Inheritance is essentially a trust to the heirs; the inheritance is a fiduciary fund that must be passed on to the rightful heirs. However, many residents of Gonting Julu Village often do not promptly distribute inheritance, making the delay a habitual practice. The findings of this study reveal that the community has not yet promptly distributed inheritance according to Islamic law, and it remains a deeply ingrained habit. The factors contributing to the delay in inheritance distribution include respecting the feelings of surviving parents and managing the inheritance.
Legal Review of Parents in Facilitating Children Playing Jaran Kepang in View of Islamic Law and Law Number 35 of 2014 concerning Child Protection (Case Study of Sei Rotan Village, Percut Sei Tuan District, Deli Serdang Regency) Siti Nurheliza; Iwan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10091.271-278

Abstract

This study aims to understand the portrayal of the Jaran Kepang game and the perspectives of Islamic law and positive law on parents who facilitate their children playing Jaran Kepang in Sei Rotan Village. The research method employed is empirical research, which examines applicable legal provisions and the realities in Sei Rotan Village, Percut Sei Tuan Subdistrict, Deli Serdang Regency. The primary data for this research consists of observations and interviews with children who play Jaran Kepang, parents of Jaran Kepang players, the community of Sei Rotan Village, Jaran Kepang experts, and leaders/members of the Indonesian Ulema Council (MUI) North Sumatra. Secondary data sources include primary legal materials such as Law Number 35 of 2014 concerning Child Protection, and secondary legal materials obtained from literature review comprising books, journals, articles, internet searches, and research findings. The results indicate that some parents in Sei Rotan Village facilitate their children playing Jaran Kepang, as evidenced by interviews with the community and observations. The legal consequences for parents facilitating their children playing Jaran Kepang, according to Islamic law, are considered haram due to the game's association with polytheism. Under Law Number 35 of 2014 concerning Child Protection, the legal consequence is the potential revocation of custody rights for parents who facilitate their children playing Jaran Kepang.
Legal Protection of Copyright and Trademark Rights In the Goods Business Aditya Restu Hapriyanto; Desi Syamsiah; Putri Maha Dewi
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10102.106-112

Abstract

This research explores various aspects of legal protection for copyright and trademark rights in the goods business, as well as efforts to strengthen this protection. This study aims to answer several key questions, including the effectiveness of existing legal frameworks in protecting copyright and trademarks, as well as the challenges faced in enforcing these rights in the global marketplace. This research specifically identifies gaps in regulation and problems such as inconsistent law enforcement, inadequate protection of new innovations, and difficulties in effectively addressing rights violations. By detailing these issues, this study aims to provide strategic recommendations that can address deficiencies in current legal protection and increase support for rights owners in the goods industry. Effective legal protection in these areas supports innovation and creativity, fosters consumer trust, and contributes to economic growth. However, the enforcement of these rights faces challenges, especially with the rise of digital platforms and global markets, which can complicate both infringement and enforcement processes.
Legal Aspects of Creative Economic Development in Digital Economic Development in Padangsidempuan Mochtar Indra Efendi Siregar; Detania Sukarja; Robert
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10103.366-375

Abstract

Legal aspects of creative economic development in digital economic development by conducting studies in Padangsidempuan City, is important to carry out with the following considerations: There are limitations in terms of legal regulations that both the central government and the regional government of Padangsidempuan City have in supporting the development of the creative economy in digital economic development, so that the implementation of digital economic development in the regions has not run optimally. This research analyzes the legal aspects of developing a digital-based creative economy, the role of local governments in supporting it based on positive laws in Indonesia, as well as the obstacles and the role of the Padangsidempuan City Government in overcoming them. Using a normative juridical method with primary, secondary, literature and field study data, the research concludes that integrated legal support, collaboration between the government and creative economy actors in strategic steps are key to the growth of the digital creative economy in Indonesia, while Padangsidempuan needs to overcome limitations in digital infrastructure, creative education, regulatory harmonization, and intellectual property rights protection. Therefore, it is necessary to develop a strategy for a collaborative model of academia, business and government, or what is called the Triple Helix.
Legal Views of Religious Leaders of Simangambat District, North Padang Lawas Regency Regarding Attending the Invitation of Walimatul 'Ursy Who Carried Out Endeng-Endeng Hotma Pasaribu; Ibnu Radwan Siddik Turnip
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10112.300-306

Abstract

This research is motivated by a social phenomenon about the Endeng-Endeng tradition in Walimatul 'Ursy in Simangambat Village, North Padang Lawas Regency which has often occurred. This study aims to find out how the legal views of religious leaders in Simangambat District regarding the legal status of attending the invitation of Walimatul 'Ursy who carry out Endeng-Endeng. This research is an empirical legal research with a legal sociology approach, primary data sources are obtained from interviews with a number of religious and community leaders, and the author's observations. Secondary data sources are obtained from a number of references and research results. Data analysis is used using qualitative analysis. The results of the study show that the legal view of religious leaders in Simangambat District allows them to attend Walimatul 'Ursy who carries out Endeng-Endeng, if there are no elements of immorality in it such as liquor. However, if the Endeng-Endeng activity contains elements of showing off birahi, because those who are not mahrams gather to perform the Endeng-Endeng dance, and there are intoxicating drinks, then the ruling is makruh which if not attended will be better. Religious leaders also suggested that it was better to attend Walimatul 'Ursy after the Endeng-Endeng event on the grounds that rejecting affirmation took precedence over obtaining benefits.
Legal Review of Transitional Principles (Lex favor reo) in the Criminal Code Fauzan Safri Hummam; Khalid
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10113.343-350

Abstract

Changes in criminal law through the recodification process have resulted in the National Criminal Code. One of the main differences with the Wetboek van Strafrecht Criminal Code (WvS The application of the lex favor reo principle is connected to the Criminal Code. The National Criminal Code's Article 3's lex favor reo principle, which is applied as part of criminal law reform, is conceptually intended to safeguard all Indonesian citizens. In order to investigate legal ideas connected to the lex favor reo principle, this study employs normative juridical research using a conceptual approach. According to the study's findings, Article 3 of the National Criminal Code verifies that any modifications to the law made after a criminal conduct has been committed but before the verdict is handed down, then the provisions that are most favorable to the defendant must be applied. This arrangement is a concrete form of the lex favor reo principle, which aims to provide legal certainty and justice for the defendant.
Registration of YouTube Content as a Productive Asset from the Istislah Perspective Khykhy Syorgawi Siregar; Sahliah
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10128.335-342

Abstract

This study aims to examine the protection and registration of YouTube content as a productive asset through the perspective of istislah in Islamic law. The research method used is a literature review and legal analysis focusing on regulations in Indonesia, including Law Number 28 of 2014 on Copyright, Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law on Job Creation, and Government Regulation No. 24 of 2022 on the Creative Economy. The results show that YouTube content has great potential to become a valuable asset with strong legal protection. Existing regulations in Indonesia allow YouTube content copyright to be automatically protected and used as fiduciary collateral. The copyright registration process involves several steps ensuring that creators have physical proof of their works, which is crucial for resolving legal disputes. This protection aligns with the principle of istislah in Islamic law, emphasizing public welfare and encouraging innovation and creativity. The conclusion of this study is that legal protection and registration of YouTube content as a productive asset not only protect creators' rights but also promote the growth of the creative economy. With this protection, creators can maximize the value of their content as a source of income and long-term investment. The perspective of istislah provides an ethical and legal foundation to support this policy, ensuring that its benefits are felt by the wider community.
Legal Protection of Consumers in Electronic Transactions: Challenges and Future Prospects Rizkia, Nanda Dwi; Hidaya, Wahab Aznul; Kaemirawati, Diah Turis; Novianty , Rica Regina; Febrianty, Yenny
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10141.307-315

Abstract

Examining how successfully consumer protection legislation in Indonesia have kept up with the evolution of digital technology and how well they have been applied to online transactions is the primary goal of this study. In this age of ubiquitous electronic transactions, the significance of consumer protection has never been greater, as this study shows. Analysis of statutes, regulations, and other relevant legal documents is part of the normative research literature review methodology. Included in the literature review are the following statutes and regulations: Law 8 of 1999, which deals with consumer protection; Government Regulation 71 of 2019, which deals with the implementation of electronic systems and transactions; and Regulation 5 of 2020, which deals with the implementation of private scope electronic systems, which is ministerial decree. While the current standards are thorough, there are still several challenges to putting them into practice, according to the report. Consumers' ignorance of their rights, ineffective dispute resolution processes, and lax law enforcement are all factors contributing to this problem. Furthermore, this study delves into the significance of enhancing consumer safety via education and bolstering monitoring, as well as the need of revising rules to account for ever-evolving technology advancements.
Analysis of Legal Efforts Against the Supporting Rights of a Prisoner's Wife in a Detention Center (Case Study of Medan Class 1 Detention Center) Indi Sintia; Khalid
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10153.327-334

Abstract

Marriage is a gateway for the creation of rights and responsibilities between men and women who are united by the family. However, certain situations arise when some married people cannot fully fulfill their duties and obligations as a couple, and the husband cannot fully fulfill his wife's needs, such as a husband who, with the status of a prisoner, cannot fulfill his wife's rights in the form of spiritual and physical support. With this, the author wants to examine how and what kind of efforts can be made to fulfill the living rights of a wife whose husband is imprisoned. In this research the author conducted empirical legal research. Empirical law is legal research carried out by conducting studies on the topics to be discussed by conducting interviews and field observations carried out by the author. And the result of this research is that not all efforts to fulfill the living rights of a prisoner's wife can be fulfilled and facilitated by the Medan Class I Detention Center. Birth support at the Medan Detention Center has carried out guidance activities where from the results of this work inmates can get premiums or wages which can be given by prisoners to their wives as fulfillment of birth support. And regarding spiritual support, the Medan Class I Detention Center cannot facilitate all of these subsistence needs. What can be facilitated in relation to this subsistence is a room for family visits and a telephone shop if the inmate misses and wants to confide in his wife.

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