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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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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: 10.22225/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.
Review of Islamic Law on The Mangdati Event in The Traditional Wedding of Toba Batak Irvan Doly Syahputra Siregar; Muhammad Mahmud Nasution
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10181.52-58

Abstract

The main problem in this research is related to the existence of customs or traditions in Batak Toba traditional marriages which have been implemented for a long time and have been passed down from generation to generation, but there is no review of Islamic law regarding this custom. This research aims to examine the implementation of Mangadati and will be reviewed through Islamic law. This type of research is empirical using qualitative methods. From this research it can be seen that the Toba Batak people still carry out Mangadati in marriage, There are three research results in this article, namely: [1] Mangadati is a custom that is carried out at weddings to pay customary debt based on Dalihan Na Tolu, [2] According to Batak Toba Mangadati custom, it is something that must be carried out, and has sanctions, [3] Mangadati reviewing Islamic law is valid and permissible and It is not mandatory to carry it out because according to Islamic law, marriages that are in line with community customs are permissible and legal to carry out as long as they do not conflict with the Shari'ah, smell of immorality, and are from unlawful assets.
Criminological Juridical Analaysis of The Crime of Premeditated Murder of a Beautiful Model in Pandeglang District Dewi Fadhia Gayatri gayatri; Hasuri
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10191.33-43

Abstract

This research aims to find out what factors make the perpetrators of murder commit these acts seen from the theory of criminology. In this research the author uses the Empirical Normative Legal Research methodology. This empirical normative legal research method is basically a combination of normative legal approaches by adding various empirical elements. To collect data in this study, researchers used secondary data, namely data obtained from literature. The usefulness of secondary data is to find initial data or information, obtain a theoretical basis or legal basis, obtain limitations, definitions, meaning of a term. Judging from the theory of criminology, the perpetrators of the crime of murder are motivated by two factors, namely revenge factors (heartache) and social environmental factors. The perpetrator is subject to Article 340 of the Criminal Code "whoever intentionally and with premeditation takes the life of another person, shall be punished by death or life imprisonment or a maximum imprisonment of twenty years." in the Decision of the Supreme Court of the Republic of Indonesia Number. 126/Pid.B/2023/PN Pdl the perpetrator was sentenced to 15 years imprisonment. On the other hand, Criminal Law tends to only pay attention to how to provide punishment and deterrent effects to the perpetrator, without paying attention to why the perpetrator committed the act. This disregard for the rights of victims often creates its own problems. However, the study of criminology can provide a deeper understanding of the causes of crime, including premeditated murder.
Buying and Selling iPhones with Illegal IMEI Without Warranty in the Perspective of DSN Fatwa No. 146/DSN-MUU/XII/2021 on Sharia-Based Online Stores (Case Study on Facebook Marketplace) Triana; Sahliah
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10193.20-23

Abstract

This research analyzes the practice of buying and selling iPhones with illegal IMEI codes without warranty through the lens of Fatwa DSN No: 146/DSN-MUU/XII/2021, which addresses online stores based on Islamic principles. Employing a qualitative approach, the study focuses on case studies from the Facebook marketplace. Data is collected through the observation of transactions involving illegal iPhones on the platform and an analysis of the relevant Fatwa DSN. Findings indicate that these transactions violate Islamic principles, specifically gharar (uncertainty) and fraud. The study highlights the implications of these practices on public welfare and justice, underscoring the need to enforce Islamic law in online business contexts. This research contributes to the understanding of Islamic business ethics and the necessity for stricter regulations to uphold justice and public welfare in online transactions. Ensuring legal and transactional validity, promoting public welfare, and maintaining social justice are essential for conducting Sharia-compliant and fair transactions in the digital marketplace.
Constitutional Law Reform: Analysis and Impact Muharuddin; Sokhib Naim; Saharuddin; Sopian; Jusuf Luturmas
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10208.24-32

Abstract

This research aims to assess the efficacy of the amendments to the 1945 Constitution of the Unitary State of the Republic of Indonesia in promoting democratic values and enhancing government accountability. Utilizing a normative research method, the study involves comprehensive literature reviews and detailed analyses of legal documents, including related laws, regulations, official documents, academic publications, and specific amendments to the Constitution. These amendments, which included limiting the presidential term, increasing the transparency of the general election process, and strengthening the roles of the People's Representative Council and the Regional Representative Council, were evaluated for their impact. The findings indicate that while the constitutional changes have fostered increased accountability and transparency within the government, challenges such as bureaucratic inertia, public ignorance of legal frameworks, and persistent corruption continue to impede full realization of the reforms. The study suggests that enhanced public engagement, stricter law enforcement, and further bureaucratic reform are necessary to overcome these obstacles. Successfully addressing these challenges could lead to a smoother functioning of governance, improved administration, and the establishment of a democratic and just legal state that aligns with Indonesia's aspirations. The potential implications of these reforms are significant, promising to enhance the democratic fabric and accountability mechanisms of the country.
Implementation of the Duties of the Batu Bara Regency National Narcotics Agency (BNNK) Regarding Empowering the Community in Preventing Abuse and Illicit Trafficking of Narcotics from an Islamic Criminal Law Perspective Sri Wahyu Ningsih; Zulkarnain
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.2.10209.351-359

Abstract

Drug Abuse and Illicit Trafficking is a serious problem that has a wide impact on the health, security, and welfare of the community including in Batu Bara Regency. The Batu Bara Regency BNN is an institution that has a role in implementing its duties and authorities. This study is important to understand the extent to which the duties and functions of the Batu Bara Regency BNN are running effectively through community empowerment. Community empowerment in preventing drug abuse and illicit trafficking and drug precursors is a strategy that aims to increase the active role of the community in efforts to prevent and overcome narcotics problems. This research method is qualitative descriptive using primary data obtained through field studies and interviews. The results of this study are that the Batu Bara Regency BNN has implemented its duties and authorities well, and has maximized the target. This can be seen from the fact that throughout the existence of the BNN, the State's target for the Batu Bara Regency BNN has all been achieved and even exceeded. However, it would be even better if there was more support such as budget support, human resource support, involvement of the Batu Bara Regency government and the private sector to contribute to the prevention and illicit trafficking of narcotics. The View of Islamic Criminal Law on Narcotics and the Duties and Authorities of the National Narcotics Agency in Community Empowerment is that narcotics and the control of their abuse are in line with the principles of maintaining the welfare of the people (hifz al ummah) and protecting the five main objectives of sharia (maqasid al-shariah): religion, soul, mind, descendants, and property. In Islamic criminal law, narcotics are likened to khamr and there are no types or groups of narcotics. Sanctions for narcotics crimes in Islamic law, the perpetrator is sentenced to ta'zir. Based on Surah Al-Maidah verse 90, it is clear that the prohibition on drinking khamr, the nature of khamr is intoxicating, as well as drugs have the same nature as khamr, so the law is the same as khamr, namely haram.
REVIEW OF CRIMINAL LAW ON MANIPULATION OF PT ASABRI'S FINANCIAL STATEMENTS AS AN ACT OF FRAUD Ratu Frisya Ritonga; 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: 10.22225/elg.4.2.10210.316-326

Abstract

Fraud is an act that violates the law and can cause harm to many parties. Literally, fraud is a term that comes from the English language which means fraud. Fraud can also be interpreted as an unlawful act that is carried out intentionally, such as manipulation or providing false reports to other parties to obtain personal or group gain. This act can be a falsification of financial statements that are manipulated intentionally to gain personal gain. The research conducted by the author aims to examine the review of criminal law on the manipulation of financial statements as an act of fraud in one of the cases that is quite excited about manipulation and state losses in Indonesia, namely PT. ASABRI Social Insurance for the Armed Forces of the Republic (Persero). This research uses normative research through a concept approach, case approach and statutory approach (statue approach). The nature of the research is analyzed using descriptive research, data collection methods in the form of literature studies, and the data obtained will be analyzed using inductive analysis methods. The results of this study indicate that the case of PT Asabri (Persero) is a case that has a relationship to fraud that is proven by violations or manipulation of financial statements that occurred at PT Asabri and the resolution of this case is dominated by settlement through the legal process of corruption based on Article 2 (1) and article 3 of Law No.31 of 1999 concerning Eradication of Corruption which was amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption. The conclusion in this case is that the case of PT Asabri (Persero) is fraud with the category of corruption schemes and manipulation of financial statements.
Restorative Justice Based On An Islamic Legal Perspective In Cases Of Children As Criminal Offenders Anwar Mayer Siregar
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10213.156-161

Abstract

Most criminal cases in Indonesia adhered to the revenge theory, this has an impact on overloaded prisons and detention centers. Islamic law, one of Indonesia's oldest laws after law customs, apparently has also regulated restorative justice. Principle restorative justice in law Islam uses draft qisas and diyat payment. This study examines the regulation and implementation of restorative justice in Islamic law, with a focus on protecting the rights of child offenders. This research uses a normative research method using a conceptual approach, namely an approach that analyzes the resolution of a problem. The results obtained from this research conclude that there is also a concept of restorative justice in Islamic law, which differentiates between the two only in terms. In Islamic law, restorative justice is often called forgiveness and diyat. Both are dispute resolution methods through non-litigation and require a third party as a mediator. Resolving children's problems using the concept of restorative justice is very appropriate if implemented in cases of children who commit criminal acts.
Sanctions for Criminal Acts of Election Violations (analysis of decision number: 71/Pid.Sus/2019/PT PAL) Muhammad Luthfi Pulungan; Khalid
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10219.73-80

Abstract

General elections as a means of democracy in Indonesia still face various challenges, including election violations and crimes. Law No. 7 of 2017 concerning Elections regulates administrative violations, violations of the code of ethics, and election crimes. However, there is still ambiguity in the regulation and classification of election violations and crimes. The case study of the Palu High Court decision Number 71/Pid.Sus/2019/PT PAL shows an example of an election crime in the form of campaigning during the quiet period. The defendant, a candidate for DPRD member, was proven to have violated Article 523 paragraph (1) in conjunction with Article 280 paragraph (1) letter j of Law No. 7/2017 by distributing stickers and promising rice to voters during the quiet period. A similar decision was also found in a 2014 case at the Mamuju District Court. The aim of this research is to find out the legal basis for general election crimes, and also to find out the judge's considerations in decision number: 71/Pid.Sus/2019/PT PAL.These cases illustrate the challenges in enforcing election criminal law, especially regarding illegal campaigning during the quiet period. Clearer regulations and effective law enforcement are needed to ensure the integrity of the election process in Indonesia.
Analysis of The Implementation of Child Protection Law in Combating Violence During Dating in Medan City (Lbh Medan Study) Selmaria purba; Budi Sastra Panjaitan
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10222.81-88

Abstract

Currently, there are many cases of violence against children during dating, but some of those who experience these cases are reluctant to report to the authorities to be assisted in resolving the problem. However, there are also those who report but the handling often cannot be resolved. Basically, violence against girls has been regulated in the Law. The problems that we want to explore in this study are what causes violence against children during dating in the city of Medan. How is the implementation of the Child Protection Law in overcoming violence against children during dating? What is done by LBH Medan in providing protection to children who are victims of violence during dating in the city of Medan. This study uses empirical legal research, namely research or observation based on facts that occur in the field with a criminal anthropology approach method. Data collection was obtained through field research by means of interviews, while secondary data through library research. The results of the study that the author obtained were that there were many factors that caused violence in dating in girls, namely weak parental supervision, the absorption of foreign culture which caused teenagers to fall into promiscuity and the rapid development of technology, while based on the annual report from the National Commission on Violence Against Women in 2023, it was stated that the number of cases of violence in dating was ranked first, violence in dating reached 3,528 (three thousand five hundred and twenty eight).

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