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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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Analysis Of The Validity Of Underhand Exchange Agreements (Study Of Court Decision Number 21/PDT.G/2020/PN BLK) Ayu Ambarwati; Mega Yuni Hospita; Pucuk Nyimas Sekar A.S; Aslan Noor
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.5.2.10456.163-168

Abstract

This study aims to analyze the validity of the underhand exchange agreement based on a case study of court decision number 21/Pdt.G/2020/PN BLK. The method used in this study is qualitative with a juridical-normative approach. Data were obtained through in-depth interviews with legal experts and practitioners, as well as document studies of court decisions and relevant legal literature. The analysis was carried out using content analysis and juridical analysis techniques to identify and assess the legal aspects of the underhand exchange agreement and its application in court decisions.The results of the study indicate that the validity of the underhand exchange agreement is greatly influenced by the fulfillment of the requirements for the validity of the agreement according to civil law in Indonesia. The court decision in this case underlines the importance of the elements of agreement and good faith between the parties in ensuring the validity of the agreement. This study also found that although underhand agreements are often considered more vulnerable to legal disputes, court decisions provide important guidance on how such agreements can be legally recognized and enforced.This research contributes to the development of contract law theory, particularly regarding underhand agreements, and provides recommendations for legal practitioners in drafting and handling legally valid exchange agreements.
The law of making Transaksi false transactions to increase the sales of the perspective of the Mufti of the Federal Territory Fatwa number 590 (Carousell Malaysia Case Study Malaysia) Abdul Rabbani Bin Abdul Razak; Cahaya Permata
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.5.2.10461.96-104

Abstract

Carousell as one of the online buying and selling sites that attracts customers to make more transactions through the site. Carousell is one of the mobile classified’s applications or classified ad-based applications. Established in 2012, Carousell is one of the online shopping places headquartered in Singapore and has grown in 13 countries including Indonesia, including Singapore, Malaysia, Indonesia, Taiwan, Hong Kong and the United States. Although Carousell is applications that get welcome good in Malaysia, application This No escape from lack. The problems he faced is the seller who does transaction false with buy the goods alone, then give evaluation and comment Alone For get trust buyer. Study This done for know the legal status action This based on runway Sharia along with the conditions that limit it in accordance with the fatwa of the Mufti of the Federal Territory. Study This use approach case based on method writing data analysis for to describe related issues with action buy products sold alone, then upload review and comment as part from strategy marketing business in Islamic perspective. Material law in study This obtained with to browse primary sources and secondary from Federal Territory Fatwa No. 590 and related matters with issue study This Results study This show that action the seller who does fraud the is haram. Although action This aiming for get good rating use increase sales, business increase sale the must be in harmony with what is allowed by Sharia.
Judge's Reasoning Against the Dispensation of Marriage of Minors Due to Pregnancy After the Enactment of Law No. 16 of 2019 (Study of the Pandan Religious Court) Emma Andini; Muhammad Yadi 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.5.2.10462.105-111

Abstract

Marriage Dispensation from the Court is a decision in the form of determining a dispensation for prospective male or female brides who have law number 16 of 2019 states that you must not have married before you turn 19 years old. Even if there is a legislation that restricts the minimum age at which one can be married, refer to this potential anomaly as underage marriage. Consequently, if a man and a woman get married before turning 19, it's referred to as underage marriage. The research methodology employed is normative juridical, which involves examining theoretical frameworks, concepts, pertinent statutory rules, and legislative procedures. Judges of the Pandan Religious Court were directly interviewed as part of the data collection process. According to research, the judge will allow the request for marriage dispensation under the legal rationale. Marriage dispensation is the term used to describe when a court permits a prospective husband and wife who are under the age of 19 to get married. To aid in the effective administration of justice, the Chief Justice of the Republic of Indonesia established Regulation of the Supreme Court of the Republic of Indonesia Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Marriage dispensation applications are not clearly and thoroughly governed by statute. This regulation was drafted on November 20, 2019, and it was formally published on November 21 to ensure that everyone in society may read it and abide by it.
Analysis of Health Istitha'ah For the Postponement of The Departure of Hajj Pilgrims According to The Perspective of Fiqh Siyasah Diki Ardian Saputra; Muhammad Mahmud Nasution
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.5.2.10478.112-123

Abstract

The Indonesian government has made health istitha'ah a mandatory condition for the Hajj pilgrimage. On January 9, 2024, the government updated the regulations concerning health istitha'ah, making it a prerequisite for the repayment of BIPIH (Hajj costs). This research uses normative research methods or library research from various trusted sources. The results of this research show that the government made changes to regulations because many Indonesian Hajj pilgrims died in the holy land in the past, and it is hoped that this change can prevent Hajj pilgrims from dying. This new regulation is not intended to make things difficult for Hajj pilgrims, their departure will only be postponed and put back in the queue, and if the following year they have recovered, they can depart. According to Siyasah Fiqh, this change is good, because it prioritizes the safety of the Hajj pilgrims. Apart from that, this decision is also in line with the rules in Al-Darurah Fiqh, namely, avoiding damage takes priority over achieving benefit.
Dispute over the Calculation of the Number of Votes in the Election of the Head of Huraba Village 1, Siabu District, Mandailing Natal Regency, Fiqh Siyasah Perspective (Analysis Study of Decision Number: 68/G/2023/Ptun.Mdn) Agus Wibowo; Annisa Sativa
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.5.2.10496.124-133

Abstract

This study aims to analyze the PTUN Decision Number: 68/G/2023/PTUN.MDN regarding the vote counting dispute in the Huraba 1 village head election from the perspective of Fiqh Siyasah. The main objectives of this research are to, Identify and evaluate inconsistencies in the vote counting process that formed the basis of the dispute. Analyze the court decision in the context of justice and legal certainty principles (Al-Adl and Al-Yaqin) according to Fiqh Siyasah. Assess whether the court's decision aligns with the principles of Fiqh Siyasah and provide recommendations for improving the election process. Through this approach, the study aims to offer a deeper understanding of legal applications in election disputes and the relevance of Fiqh Siyasah principles in ensuring justice and legal certainty. The research results show that the Medan PTUN rejected the lawsuit from the plaintiff because it was deemed to violate the principles of good government. From the perspective of Fiqh Siyasah (Qadha'iyyah), this decision is in line with the principles of justice (al-'adl), legal certainty (al-yaqin), and benefit (maslahah) in Islamic government administration. This research concludes the importance of applying the principles of Fiqh Siyasah in administrative decision making to ensure justice and public benefit.
Juridical Analysis of the Decision of PTUN Number: 93/G/2019/PTUN-MDN concerning Disrespectful Dismissal and the Application of the Non-Rectoractive Principle in the Perspective of Fiqh Siyasah Akhyar Khairandi Munthe; Putri Eka Ramadhani
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.5.2.10497.134-141

Abstract

This research analyzes the Decision of the State Administrative Court (PTUN) Number 93/G/2019/PTUN-MDN, which relates to cases of dishonorable dismissal of employees and the application of the non-retroactive principle. This research uses a normative juridical approach to evaluate how the PTUN applies the principle of non-retroactivity in the context of administrative law and the principles of administrative justice. This research aims to examine the suitability of PTUN decisions with the principles of administrative law and non-retroactive principles and to evaluate these decisions from the perspective of Fiqh Siyasah, namely public law in Islam. This research aims to examine the suitability of PTUN decisions with the principles of administrative law and non-retroactive principles and to evaluate the decision from the perspective of Fiqh Siyasah, namely public law in Islam. A normative juridical approach is used to analyze the relevant legal norms and the principles of Fiqh Siyasah applied in the decision. This research assesses the application of the non-retroactive principle in the context of employee dismissal and how PTUN decisions are in accordance with the principles of justice and legal certainty. PTUN Decision Number 93/G/2019/PTUN-MDN shows the correct application of the non-retroactive principle, namely that administrative actions such as dishonorable dismissal must be based on the regulations in effect at the time the action was carried out, not the regulations in effect afterwards. Implementation of this principle protects employee rights and ensures certainty
Psychological Impact on Children Due to the Decision of Acquittal of Child Abuse Crimes Linked to the Child Protection Law Widyaningrum, Dian; Yuniar Rahmatiar; Muhamad Abas
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.5.1.10498.148-155

Abstract

The rise in child molestation cases has brought significant concern due to the severe psychological and physical trauma inflicted on victims, particularly children. Such trauma can hinder their future growth and development. This study investigates the legal framework governing child molestation crimes and examines the psychological impact on children when perpetrators are acquitted, particularly in relation to the Child Protection Law. The research employs a normative legal method to analyze relevant laws, including both the Criminal Code and the Child Protection Law, which impose varying penalties based on the nature of the crime and the relationship between the offender and the victim. The results indicate that acquittal in molestation cases leads to prolonged psychological harm, increases the risk of physical issues such as sexually transmitted diseases, and can result in social stigmatization and exclusion. The study concludes that robust legal protection is essential for child victims, emphasizing the importance of ensuring their rights and providing appropriate remedies. Law Number 35 of 2014 on Child Protection underscores the state’s obligation to protect children from all forms of violence, including sexual violence.
Legal Protection Of Consumers Due To The Price Of Display Shelves (Case Study Of Indomaret West Halmahera in 2022) Wahyu Danang Setiadi; Yuniar Rahmatiar; Muhamad Abas
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.5.2.10513.156-162

Abstract

Consumers are often confronted with business practices that tend to disadvantage them. One such practice is when the price displayed on a product's display box differs from the price at the store cashier. Given the uncertainty about the price of an item, this can negatively impact buyers. Regulations aimed at protecting consumers and providing legal clarity must exist. One such law, Consumer Protection Regulation Number 8 of 1999, describes how consumer rights are protected by the law and how this law is implemented in day-to-day social interactions. With a qualitative approach, the research methodology normative juridical approach. The findings of this journal highlight that permissible cover to consumers who endure losses because of price discrepancies involves various individuals or business entities, whether legal or not, established and operating subject to the legal domain of the Republic of Indonesia, either individually or collectively through business agreements in different market sectors. Additionally, the research notes that sanctions for businesses occur when consumers request a recalculation based on display prices, and Indomaret employees refuse. Consumers who feel aggrieved and wish to cancel their purchase and receive a refund are also denied, as transactions have been input into the cashier system. Such actions are inconsistent with regulations and disadvantage consumers.
Criminal Law Enforcement Against Ding Dong Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn) Habibullah Nasution; Khalid
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10520.1-8

Abstract

Criminal Law Enforcement Against Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn). Gambling is a harmful activity that many people engage in. This is one of the crimes that is classified as forbidden by law or religion. Nonetheless, the community as a whole engages in this behavior frequently because they believe that winning this gambling game will double their earnings. Numerous prohibited behaviors exist, ranging in size from little to vast, deliberate or inadvertent, and motivated by genuine whims or practical pranks. Regardless of age, gambling is becoming more and more commonplace. This researcher applies a particular kind of normative legislation. The study methodology known as the normative legal research technique is centered on the examination of primary and secondary sources as well as literature. Both a conceptual approach and a legislative approach are employed in this study. Scholars' perspectives provided the key data for this investigation. Secondary data on this study topic was gathered in the interim from relevant books, papers, journals, and laws. The Medan District Court stressed in its ruling that gambling activities, including fish shooting and ding dong gaming, were illegal based on its review of judgment Number 1311/Pid.B/2020/PN.Mdn. This ruling is a reflection of the rigorous efforts made by law enforcement to implement the rules against gambling-related offenses, which are forbidden under the Law of the Republic of Indonesia. Gambling criminals may face jail time or fines as part of their criminal penalties.
The Urgency of External Supervision and the Ideal Model of Supervision of Constitutional Judges Fuji SM Bako; Budiman Ginting; Faisal akbar Nasution; Afnila
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.5.2.10521.142-155

Abstract

External oversight of constitutional judges is a crucial element in maintaining the integrity and accountability of the constitutional judiciary system. The urgency of this oversight lies in its ability to prevent the abuse of power, enhance transparency, and strengthen public trust in the judiciary. In this context, external oversight functions as a control mechanism that helps ensure constitutional judges perform their duties in accordance with principles of justice and applicable law. However, effective external oversight requires an ideal and comprehensive model. The ideal oversight model should include key elements such as the independence of the oversight body, transparency of the oversight process, clear procedures for reporting and handling complaints, and accountability of the oversight body to the public. Additionally, public involvement in the oversight process is crucial to ensure that the oversight reflects the general interest. This study aims to evaluate the urgency of external oversight of constitutional judges and to develop an ideal oversight model that can enhance the effectiveness of external control. By implementing this model, it is hoped that the constitutional judiciary system can operate more fairly and accountably, and maintain public confidence in the constitutional judiciary.

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