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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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Juridical Analysis of PTUN Decision No. 128/G/PTUN-MDN Regarding the Dismission of Civil Servants Without Respect from the Perspective of Fiqih Siyasah Bayu Rizky Wirawan; Muhammad Ramadhan
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10597.56-65

Abstract

This study aims to conduct an in-depth analysis of PTUN Decision No. 128/G/PTUN-MDN concerning the dismissal of civil servants (PNS) without honor. Utilizing a fiqh siyasah approach, this research explores the juridical and administrative aspects of the decision. In the legal context, the study examines the compliance of the decision with various applicable regulations, including Law No. 5 of 2014 on State Civil Apparatus, which regulates the procedures and processes for dismissing civil servants. Additionally, this research assesses whether the dismissal process has been carried out in accordance with the principles of good governance, such as transparency, accountability, and participation. From the perspective of fiqh siyasah, this study aims to evaluate the legitimacy of government actions in dismissing civil servants and their impact on justice and the protection of individual rights. The analysis includes a comparison with Islamic principles related to justice and human rights. The findings indicate that the PTUN decision serves not only as a means of legal enforcement but also reflects the ethical and moral values that should be upheld in governance. This decision can be seen as a manifestation of efforts to create justice in public administration and the necessity of considering moral aspects in every government action. This research contributes significantly to the understanding of the complex relationship between law, public administration, and Islamic values in public policy, emphasizing the importance of integrating fiqh siyasah principles into governmental decision-making.
A Critical Review of Restorative Justice Policy in the Indonesian Criminal Justice System Post Law No. 1 of 2023 concerning the Criminal Code Deassy J.A. Hehanussa; Kukun Abdul Syakur Munawar; Muh Fadli Faisal Rasyid; Arianti A Ogotan; Arief Fahmi Lubis
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10607.121-129

Abstract

This research examines how the amendments introduced by Law No. 1 of 2023 have integrated restorative justice practices into Indonesia's criminal justice system. It explores key obstacles, particularly the tension between restorative justice and the traditional emphasis on punitive measures within society's legal framework. Utilizing a normative descriptive and juridical-analytical approach, the study employs the normative legal method to trace the evolution of Indonesian criminal law and assess the implementation of restorative justice through primary and secondary legal sources. Despite several existing laws supporting restorative justice, the study reveals that the 2023 Criminal Code lacks precise guidelines, resulting in legal ambiguities. Another significant barrier to the broad application of restorative justice is societal resistance, rooted in a cultural preference for punitive justice. The findings suggest that to address these challenges, there is a need to strengthen legislation, provide training for law enforcement, and increase public awareness about restorative justice.
Exemption from the position of Head of the Health Office by the Regent of Deli Serdang (Study of the Decision of the State Administrative Court Number 38/G/2023/PTUN. MDN Siyasah Qadhaiyyah Perspective) Risalah Adha Harahap; Tetty Marlina Tarigan
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10609.74-88

Abstract

In this study, the state administrativ Court's (PTUN) Decision Number 38/G/2023/PTUN.MDN is analyzed which is related to the dismissal of the Head of the Deli Serdang Health Office by the Regent. The main issue raised is the legality of the dismissal from the perspective of administrative law and the principles of siy?sah qa?h?’iyyah. This research employs a library research method aimed at collecting and analyzing data from various literature sources, including books, journals, legislation, and relevant court decisions. The research methodology consists of several main approaches, namely normative juridical studies, legislative approach, conceptual approach, and case approach. The key findings indicate that although the Regent has the authority to impose disciplinary sanctions, the dismissal decision did not meet the proper procedural standards. The court found that the decision was procedurally flawed and unsupported by sufficient evidence. Additionally, the Regent was deemed unjust for not providing adequate explanation regarding the alleged violations committed by the Plaintiff and appeared to favor other officials involved in similar violations. The conclusion of this research emphasizes the importance of justice, transparency, and adherence to legal procedures in administrative decision-making. The PTUN ruled in favor of the Plaintiff, annulled the Regent's decision, and reinstated the Plaintiff to their previous position. This ruling reflects the principles of accountability and justice in public service, which must be upheld in governance.
Legal Protection of Insurance Policyholders of PT Aspan Medan in the Revocation of Business License by the Financial Services Authority Institution Kumala Sari Nasution; Adlin Budhiawan
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10611.103-112

Abstract

Public trust in insurance companies is growing rapidly, as shown by the amount of premiums successfully collected by insurance companies. Therefore, insurance companies must improve their performance to support public trust in insurance. The life insurance firm Aspan Medan Company lost its business license from Financial Services Authority. Financial Services Authority roles, functions, and authority are the study's issues. Impact of Financial Services Authority insurance business license revocation on parties' mechanisms, rights, and duties Juridical examination of Financial Services Authority insurance company license revocation According to Insurance Law 40 of 2014, Descriptive legal research employs normative and empirical methods. Literature-based qualitative data analysis. Financial Services Authority regulates and supervises banks. Bank health regulation and monitoring. Bank prudential regulation and oversight. Mechanisms, rights, and duties of parties affected by Financial Services Authority insurance business license revocation. Financial Services Authority insurance company license revocation process A member of the Financial Services Authority Board of Commissioners and the Chief Executive Officer of the Nonbank Financial Industry Supervisor approve the letter of revocation of an insurance business license, transferring all rights and obligations to third parties, creditors, and policyholders. Juridical review of the Financial Services Authority's revocation of an insurance business license under Insurance Law Number 40 of 2014. If the Financial Services Authority believes the Insurance Company's condition endangers Policyholders, Insured, or Participants, it may revoke business licenses without other administrative sanctions.
Legal Analysis of The Role of Mediators in The Sibolga Religious Court in Minimizing Divorce Rates Chairun Nabila; Syofiaty Lubis
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10629.97-102

Abstract

This study aims to analyze the role of mediators in the mediation process of divorce cases at the Sibolga Religious Court and the effectiveness of mediation efforts in minimizing the divorce rate. Based on data from the Sibolga Religious Court, there was a significant increase in the success rate of mediation in 2021 and 2022. In 2021, from a target mediation success rate of 5%, the realization reached 11.36%, more than double the initial target. In 2022, the success of mediation increased again, reaching 20%, aligning with the set target. In addition, the number of divorce cases decreased from 142 cases in 2021 to 127 cases in 2022. This type of research uses qualitative research with data collection techniques through in-depth interviews with mediators and direct observation to the Sibolga Religious Court and relies on legal documents, mediation reports, related laws and regulations, journals, books, and other relevant articles. The results of the study show that mediators have an important role in facilitating communication and negotiation between the parties to the case, helping them reach a peaceful agreement without having to proceed with the divorce. The increase in mediation effectiveness can be attributed to a variety of factors, including mediator training, a more personalized approach, and increased public awareness of the importance of mediation. In conclusion, mediation at the Sibolga Religious Court has proven to be effective in reducing the divorce rate, and with a more intensive strategy, mediation has greater potential to resolve family conflicts.
Legal Status of Immovable Objects That Are Not Part of Joint Property in Mixed Marriage After Constitutional Court Decision No. 69/PUU-XIII/2015 Nadiya Asvina; Adlin Budhiwan
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10646.127-135

Abstract

- This study analyzes the legal status and implications of immovable property not considered joint property in mixed marriages, based on Constitutional Court Decision No. 69/PUU-XIII/2015. It focuses on the legal consequences for foreign and Indonesian spouses. Mixed marriages involving foreign nationals (WNA) and Indonesians (WNI) face restrictions under agrarian law, limiting foreign ownership of immovable property. While marriage agreements can designate immovable property as personal assets of Indonesians, they risk violating agrarian laws if foreigners gain ownership. To prevent legal disputes with the National Land Agency (BPN), it is crucial to ensure compliance with agricultural regulations through supervision and adherence to legal provisions. This normative juridical study relies on literature-based research. Findings indicate that changes in policies may affect the legal status of immovable property in marriage agreements. Harmonizing conflicting laws and aligning them with Constitutional Court decisions are necessary to ensure the validity and legality of such agreements.
Re-Voting for The Election of Regents and Deputy Regents (Analysis Study of The Constitutional Court Decision Number: 58/Php. Bup-Xix/2021 Siyasah Qadhaiyah Perspective) Ramsah; Zaid al Fauza Marpaung
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10668.113-120

Abstract

This study aims to conduct an in-depth analysis of the Constitutional Court Decision No. 58/PHP.BUP-XIX/2021, which ordered a re-vote in the 2020 Labuhanbatu Regent and Deputy Regent Election, from the perspective of Siyasah Qadhaiyah (Islamic judicial politics). The focus of this research is to examine how the Constitutional Court's decision can be understood within the framework of Islamic legal principles, such as justice (‘adl), responsibility (amanah), and public interest (maslahah), and to assess whether the ruling aligns with or deviates from the concept of Fiqh Siyasah Qadhaiyah. The main question addressed in this study is whether the Constitutional Court’s action in ordering a re-vote adheres to Siyasah Qadhaiyah principles, particularly in ensuring justice, transparency, and accountability in the electoral process. Using a normative approach by reviewing both Indonesian positive law and Fiqh Siyasah Qadhaiyah literature, this study also explores how Islamic principles can be applied in a modern context to safeguard the integrity and fairness of the democratic process. By employing judicial decision analysis, the research aims to understand the impact of the Constitutional Court’s ruling on the protection of voters' rights and its contribution to the enforcement of substantive justice in elections. The results of this study are expected to provide theoretical contributions to the development of Islamic legal thought in relation to modern legal systems, particularly in resolving regional election disputes in Indonesia.
Juridical Review of Foreign Land Ownership in Indonesia Under Government Regulation No. 18 of 2021 on Management Rights, Land Rights, Apartment Units, and Land Registration Zhakiah Putri; Yuniar Rahmatiar; Muhamad Abas
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10696.165-175

Abstract

This study aims to analyze the implications of Government Regulation No. 18 of 2021 on Management Rights, Land Rights, Apartment Units, and Land Registration concerning foreign nationals and to examine the legal certainty of foreign land ownership under the Investment Law (PMA) and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). The study highlights inconsistencies in the regulation regarding foreign land ownership, revealing ambiguities in the substantive provisions of Government Regulation No. 18 of 2021. Several articles in this regulation conflict vertically with the Job Creation Law and the Basic Agrarian Law. Consequently, for legal certainty, the government must evaluate and restructure the relevant provisions. Despite strict restrictions on foreign land ownership, certain legal loopholes enable foreigners to acquire land rights through specific agreements. This research employs a normative juridical methodology. Government Regulation No. 18 of 2021 allows foreigners to obtain land rights under the status of Right to Build (Hak Guna Bangunan – HGB), provided they hold a residence permit in Indonesia. Additionally, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) plays a crucial role in ensuring the administrative processes related to land ownership and use by foreign nationals and foreign investment companies comply with legal provisions.
Nisab Zakat Profi E-Sport Perspective Qiyas Livia Nanda Chairunnisa Nasution; Abd Rahman Harahap
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10724.140-149

Abstract

One of the uses of technology in the video game industry has led to a new reality: playing video games can now become a profession with significant income. E-Sports (Electronic Sports) is a form of competitive video gaming that demands high skill and teamwork to achieve victory. This profession has grown in popularity as its income often far exceeds the regional minimum wage in various cities. This situation raises questions about the obligation of zakat for e-sports players, considering that in Islam, zakat is required for professions whose income reaches the nisab or minimum threshold. Zakat plays a crucial role in promoting wealth distribution and community welfare. However, applying zakat to modern professions such as e-sports requires adjustments in terms of nisab, rate, and payment timing, which can be determined through the method of qiyas (analogy). This study aims to examine the concept of the nisab for professional zakat in e-sports from a qiyas perspective. The research uses a normative approach with a conceptual approach, where data analysis is conducted through literature review by studying relevant theories from related literature. The analysis shows that income from the e-sports profession is subject to zakat, using the analogy of gold zakat, with a nisab value of 85 grams of gold and a zakat rate of 2.5%.
Law Enforcement Against Hazardous Waste Pollution Links to Environmental Protection (PT. Kimu Case Study) Rismawati; Yuniar Rahmatiar; Muhamad Abas
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10729.130-139

Abstract

The purpose of this study is to determine the law enforcement against environmental pollution due to hazardous and toxic waste by PT Kimu Sukses Abadi. Regulations that regulate the problem of surrounding defilement made from industry enterprises that make hazardous and toxic mill cesspits require laws that can keep effect negative on their around neighborhood, videlicet reasonable laws. The inquiry of this learn is how to enforce criminal juristic opposed to conservationist pollution due to risk plus virulent waste and how is the element that hinders the effectiveness of Institute Numeric 32 of 2009 regarding ecological safeguard with administration. The near process utilized via the writer of researchers observational juridical, which is a study that emphasizes main statutory resources, namely interviews plus observations. The findings from this examination explain the weakness belonging to lawful Implementation inside handling alongside surrounding contamination due to hazardous and toxic materials carried out by companies due to negligence and weak supervision of law enforcement officials or related agencies that cause pollution of the surrounding environment so that river water becomes polluted and watersheds become damaged and very detrimental to the community and the Role of Local Governments in Law Enforcement Against B3 Waste Dirtiness is linked to Law Number 32 of 2009 pertains to the safeguarding and administration of environmental resources, namely 1) Supervision also Monitoring, 2) Implementation via administrative sanctions by the Regional Government, 3) The importance of coordination between the Regional Government and central agencies.

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