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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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Restriction of Private Land Management by the Community from the Perspective of Maslahah Mursalah (Case Study of Runding Village, Panyabungan Barat District, Mandailing Natal Regency) Rajaindra; Iwan
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.5.1.10245.59-64

Abstract

Land is essential for human life, serving as a base for agriculture, housing, and economic activities. In Indonesia, land management and ownership are regulated to benefit both individuals and the community. Conflicts, however, can arise when private land use negatively impacts neighboring areas, as seen in Runding village. Here, a farmer's decision to plant oil palm upstream in Negung village has caused water scarcity for downstream farmers, leading to crop failures. Article 20 of Indonesia's Basic Agrarian Law (UUPA), as explained by Ali Ahmad Chomzah, emphasizes that land ownership rights carry a social function and must not harm others. Land use should adapt to its circumstances and respect community welfare. This aligns with the concept of Maslahah Mursalah in Islamic law, which considers public interest and welfare, derived from the broader goals of Sharia. In Runding village, such restrictions aim to balance individual land use with community welfare, reflecting the principles of public and individual welfare. This research aims to explore the regulatory framework of land ownership rights and how Maslahah Mursalah can guide the management of privately owned land. Using empirical legal research with a case study, statute, and conceptual approach, this study seeks to understand how land management restrictions can ensure both individual rights and societal welfare. The research highlights the potential to balance private land rights with social responsibilities, contributing to sustainable land management practices that align with legal and ethical principles, fostering harmony between landowners and the community.
Settlement of Default of Muzara’ah Contract of Rice Farmers in Sigama Village, Padang Bolak District, Padang Lawas Utara Regency Dsn-Mui Perspective No. 85/Dsn-Mui/Xii/2012” Anwar Nuh Siregar; Annisa Sativa
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.5.1.10257.65-72

Abstract

One of the towns in the Padang Bolak District of the North Padang Lawas Regency, Sigama Village, has extensive agricultural land which is used for rice fields, making farming the main source of income for the local community. But not everyone in the hamlet has agricultural land due to middle to lower class economic factors. Then, the muzara'ah system is one way for people in the area to prioritize mutual cooperation. Muzara'ah is a form of collective agreement between land owners and cultivators for the management of agricultural land, with the parties sharing the results according to their agreement. But the reality in the field is not in accordance with the agreement made between the land owner and the cultivator, where the agreement usually occurs in villages with a profit-sharing system of 70% for the land owner and 30% for the cultivator, with seeds. and fertilizer produced by land owners. In this research, descriptive approach techniques were combined with qualitative methods. Land owners and cultivators are the subjects of this research. Primary and secondary data are used in the data collection process. Meanwhile, secondary data was obtained from previous research, while primary data was obtained through interviews, documentation and observations. Then, the cultivator made a mistake which resulted in the contract being canceled. Then, after long negotiations, none of the parties can reach an agreement, then the dispute is resolved through an institution based on sharia if one party does not reach an agreement. through deliberation.
Settlement of Wage Payment of Cafe Employees Bankruptcy Imam Syafi'i Perspective (Case Study of Child Cafe, Medan Area) Indah Permata Sari; Rahmad Efendi
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.5.1.10258.89-96

Abstract

The purpose of this study is to examine, from Imam Syafi'i's point of view, the procedure for resolving employee wage payments in the event of business bankruptcy. A case study was used. conducted at Child Cafe Medan Area, which experienced bankruptcy. The research method includes data collection through interviews with relevant parties and document studies related to the process of paying employee wages when the company is bankrupt. The research results are expected to provide a comprehensive overview of handling employee wages in bankruptcy situations, especially considering the perspective of Islamic law. The analysis will cover aspects such as employee rights in wage payment, the obligations of bankrupt companies, and the possibility of fair and sustainable settlements for both parties. From the perspective of Imam Syafi'i, the settlement of employee wage payments in situations of company bankruptcy should be conducted with attention to the principles of justice and humanity. Companies are obliged to make every effort to fulfill their obligations to employees, even in conditions of bankruptcy. Conversely, employees are also expected to understand the company's situation and be willing to accept fair and realistic settlements.
Strengthening the Constitutional Law System (Legal Challenges and Strategies in Handling the Social, Economic and Political Crisis in Indonesia) Doing, Muhammad; Warriyodi; Kartian, Darma; Irsyadul Ibad, Muhammad; Aprieyanti; Fitriani
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.5.1.10260.113-122

Abstract

Indonesia's constitutional legal system faces significant challenges due to ongoing social, economic, and political crises. These challenges stem from issues such as systemic corruption, uneven development, social inequality, and political instability. The legal system must evolve and adapt to address these challenges effectively and equitably. This article examines the impact of crisis policies on legal and governmental stability, with a focus on how constitutional legal systems can adapt to and overcome these obstacles. This study employs normative and conceptual analysis to assess the flexibility, transparency, accountability, and justice within Indonesia's constitutional law. The analysis is grounded in an evaluation of relevant laws and regulations, highlighting how constitutional amendments, decentralisation, and the strengthening of state institutions influence the legal system's responses and overall efficacy. Despite efforts to reform and fortify the judicial system, persistent issues such as widespread corruption, regional disparities, and entrenched social inequalities continue to pose significant challenges. This article underscores the need for crisis-responsive legal policies and offers strategic recommendations to enhance the resilience and adaptability of the legal system. These recommendations include improving mechanisms for monitoring and accountability, developing more inclusive and sustainable policies, and fostering greater community involvement in the legal process.Through this analysis, the study contributes to a deeper understanding of how Indonesia's constitutional legal system can be optimised to address escalating crises and challenges, while promoting more effective and sustainable reforms
Review of Islamic Criminal Law on Perpetrators of Falsifying Death Certificates for Personal Profit Muhammad bunayya alarrafi; Syaddan dintara lubis
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.5.1.10275.97-105

Abstract

Basically, every one of us is a religion and of course every religion teaches goodness. Lying and lying is an act of lying and causing harm to oneself and even others. Therefore, this research is carried out to find out which Islamic law regulates the handling of the crime of forging death certificates and how positive laws regulate and handle the perpetrators of the crime of forging letters, which based on the research carried out the crime of forging death certificates can cause various losses to the victims, where the victims of this crime are not only the community but can causing losses to the government or the company. In Islamic law, criminal acts that cause harm to others are categorized as Jarimah acts with punitive sanctions in the form of ta'zir The rules based on positive law have been regulated in article 263 of the Criminal Code in the imposition of sanctions for perpetrators who forge or use fake letters as mentioned in paragraphs 1 and 2.
Unlawful Acts as a Result of Payment of Compensation Through Royalty Rights Perpsective of Law Number 28 Year 2014 Copyright Br Sianipar, Solehah Dhara Ad'ha; Harahap, Muhammad Yadi
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10298.8-14

Abstract

This research focuses on the analysis of compensation through the payment of copyright royalties on music works in the perspective of Law No. 28 of 2014 on Copyright. musical works in the perspective of Law No. 28 of 2014 on Copyright. This research aims to understand how the law regulates the payment of royalties as a form of compensation to music creators and provides protection and compensation to music creators through the provide protection and compensation to music creators through royalty payments and also This research also aims to analyze the study of Decision No. 122/PK/Pdt. Decision Number 122/PK/Pdt.Sus-HKI/2015/PN.Niaga.Jkt.Pst in which there is a case of Royalty Payment Dispute. The verdict is a case of Dispute over Royalty Payments on the Copyright License of Inul Vizta Karaoke VS Yayasan Karya Cipta Indonesia (YKCI) which PT. Vizta Pratama Inul Vizta Karaoke Manado was sentenced to pay royalty compensation to Yayasan Karya Cipta Indoensia in the amount of Rp15,840,000.00 (fifteen million eight hundred forty thousand rupiah). Through the juridical research method normative research method, this research explores the interpretation and implementation of the law in the context of of the law in the context of royalty payments for copyrighted musical works. The results The results of this research are expected to provide a better understanding of the the rights and obligations of the parties in the context of musical copyright and provide recommendations for the improvement and enhancement of copyright protection in And also expected to increase knowledge for readers and provide awareness for the Indonesian people to better appreciate the and also expected to add knowledge for readers and provide awareness for the people of Indonesia to better appreciate the creators of songs or music by paying royalties or music copyright. song or music by paying royalties or no longer pirate, imitating, falsifying, or recognizing as his own creations on the copyright of others or licensees of the copyright of others. copyright of others or the license holder of the creation
Policy of Increasing Value-Added Tax from The Perspective of Maslahah Mursalah (Analysis of Act. No 7 Of 2021 Concerning Harmonization of Tax Regulations) Jamilah Rizka; Muhammad Ramadhan
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.5.1.10306.123-130

Abstract

Tax regulations in Indonesia have undergone many changes. The main factors are the global economy, basic needs of the country, development needs, and others. So it requires the community to work together to build the country through taxes. This research aims to find out the legal basis of the VAT increase policy, then find out the impact of the increase policy. And then how is the VAT increase policy if reviewed from the perspective of maslahah mursalah. In this study, the author uses normative research methods, with the Conceptual Approach and Statutes Approach. This research is descriptive analytical, data is collected through document studies, literature studies, and then analyzed using deductive thinking logic. The results of this study show that the increase in VAT rates is based on Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law). From the perspective of maslahah mursalah, which focuses on the benefit or public interest, this policy can be seen as an effort to achieve the welfare of the community at large. The increase in VAT has the potential to bring significant benefits by increasing the state budget that can be allocated for infrastructure, education, health, and other social programs, in line with the principle of public benefit. However, negative impacts such as inflation and a decrease in people's purchasing power, especially for low-income groups, need to be anticipated.
Implementation of Local Regulation of Batam City Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Perspective of Fiqh Siyasah Dusturiyah (Case Study of Sagulung District, Batam City) Angreini, Salsa; Khalid
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10308.15-23

Abstract

Street sellers bring good and harmful community turmoil. These conflicts are common in Indonesia, especially in cities like Batam, where they have created several obstacles to people's activities, such as difficult access for pedestrians who have to pass through areas or trading locations that are very crowded with street vendors' stalls and carts and many vendors' locations, making it difficult for people, especially pedestrians, to walk to their destination. Street vendor facilities are damaged and inoperable, limiting public access. Batam City Regional Regulation Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Review of Fiqh Siyasah Dusturiyah (Case Study of Sagulung Subdistrict, Batam City) is examined in this study This field study uses qualitative descriptive analysis. Data are described, examined, and discussed to answer the problem. Purposive sampling was utilized to find informants in this study. This study found that the Local Regulation of Batam City Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Review of Fiqh Siyasah Dusturiyah (Case Study of Sagulung District, Batam City) has not been implemented. Unimplemented empowerment involves business capabilities, finance access, trade facility support, institutional enhancement, production growth, processing promotion networks, and technical help. Second, Siyasah Dusturiyah claims that the Islamic Law Review of the Implementation of Batam City Regional Regulation Number 1 of 2019 concerning the Arrangement and Empowerment of Street Vendors in Sagulung District, Batam City violates the General Principles of Good Governance, Social Balance, and State Responsibility
Consumer Protection Regarding the Circulation of Non-SNI Certified Electronic Goods from the Perspective of Maqashid Sharia: A Case Study of an Electronics Store in Medan Denai District Andri Siregar; Abd Rahman Harahap
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10313.24-33

Abstract

This research aims to examine the enforcement of SNI (Standar Nasional Indonesia) certification for electronic products in the Medan Denai District of Medan City and to evaluate the accountability of electronic store operators concerning consumer protection under both civil and criminal law. The significance of this study lies in its exploration of the intersection between legal frameworks, consumer rights, and public safety, offering a nuanced understanding of how these elements interact in a localized setting. By focusing on the Medan Denai District, the research not only highlights the specific challenges and dynamics faced in ensuring compliance with SNI standards but also reflects broader national concerns. The incorporation of Maqashid Al-Syari'ah, an Islamic jurisprudential principle, is crucial as it frames the discussion within a moral and ethical context. Maqashid Al-Syari'ah, which aims to protect fundamental human interests such as religion, life, intellect, lineage, and property, provides a unique lens through which consumer protection can be viewed. This perspective emphasizes that ensuring product safety and adherence to standards transcends mere legal obligations, embodying a deeper commitment to fulfilling religious and moral duties. The focus on Medan Denai District as a case study is essential because it offers a tangible example of how these principles are applied in practice, revealing both the successes and limitations of current enforcement mechanisms. This research, therefore, contributes valuable insights into how consumer protection can be enhanced by aligning legal and ethical standards, ultimately promoting societal well-being.
Ownership Rights to Buildings that Stand on Water Mulya Putra, Muhammad Tri; Djara Liwe, Resiani Corry; Yonathan Behar, Artha Marina; Ngailu Deddi, Gianto Umbu
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10317.41-48

Abstract

Floating houses, or "Rumah Terapung," are unique residential concepts built on water rather than on land. This tradition, deeply rooted in Indonesian coastal communities, involves constructing homes on lakes, rivers, marshes, and coastal areas, reflecting a lifestyle passed down through generations. Indonesian law, particularly Law No. 28 of 2002 concerning Buildings, permits the construction of structures above or below land, water, or public infrastructure, which must be registered with the government to ensure proper use and development. However, many floating houses remain unregistered due to unclear land rights. The National Land Agency (BPN) oversees the registration of land rights, including maritime cadastres, which are essential for managing coastal and marine areas. Despite Indonesia's abundant coastal resources, the country lacks a dedicated maritime cadastre organization, necessitating the development of appropriate measurement, mapping, and rights registration processes to provide legal certainty for these water-based structures. The guarantee of immovable objects like floating houses involves Mortgage Rights under Law No. 4 of 1996. The principle of horizontal separation in Indonesian land law, which distinguishes ownership of land and buildings, complicates the registration and guarantee process. Government authority encompasses various laws and regulations, including Law No. 11 of 2020 and Law No. 26 of 2007, requiring coordination between central and regional governments in planning, licensing, environmental assessment (AMDAL), supervision, law enforcement, and conservation. Proper coordination ensures sustainable and environmentally friendly development, preserving Indonesia's coastal and marine resources. Clear regulations and processes are essential to provide legal certainty and support the sustainable development of floating housing settlements, ensuring that these unique communities continue to thrive.

Page 12 of 17 | Total Record : 163

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