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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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Protecting Well-Known Marks Related to Territorial Principle: From Substantive Similarity to the Distinctiveness Theory Ni Ketut Supasti Dharmawan; Putu Samsithawrati; I Gede Agus Kurniawan; Rafika Amalia
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.6.2.10740.33-41

Abstract

Well-known marks are vulnerable to violations, including in Indonesia. Registered trademark disputes often occur between well-known and local mark owners regarding substantive similarities with well-known marks. Ironically, the dominant dispute resolution protects local marks with the rationality of mark protection based on Territorial Principles. The purpose of this study is to clarify how well-known marks are protected related to the exception applying the Territorial Principle to substantively similar marks and to examine the advantages of the Distinctiveness Theory for more legal certainty. The study used a normative legal research method. Study reveals that the Territorial Principle applies to mark protection through Article 6 of the Paris Convention, Article 15 of TRIPs, Article 3 of Indonesian Law No.20/2016 on Mark and Geographical Indication. Protection of Well-Known Marks is excluded from the Territorial Principle as agreed in 1925 by member countries of the Paris Convention. The exception arrangements are through Article 6bis of the Paris Convention, Article 16 of the TRIPs Agreement, and Article 21 of Law No.20/2016. Marks that are substantively similar with similar elements in visuals, phonetics, and concepts are important for mark examiners, law enforcers, and the public to understand. Understanding the mark distinctiveness theory from the weakest to the strongest, namely: Generic, Descriptive, Suggestive, Fanciful, and Arbitrary as an alternative solution for advantages in mark registration. That will also minimize mark disputes. Good faith in the mark registration is referring to uniqueness theory, it is able to differentiate items or services.
Implementation of Fiduciary Guarantee Execution for Defaulting Debtors After the Decision of The Constitutional Court Number: 18/Puu-Xvii/2019 Regina Wydya Prameswari; Mhd. Yadi 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.6.1.10764.150-155

Abstract

The purpose of this study is to examine the enforcement of fiduciary promises against defaulting debtors following the Constitutional Court ruling Number 18/PUU-XVII/2019. The regulations pertaining to the registration of fiduciary guarantees, which was previously regarded as a necessary prerequisite for the guarantee's validity, were changed by this ruling. Using a library research approach, this study examines numerous legal sources, rules, and relevant literature to comprehend the legal modifications brought about by the decision. The study's primary focus is on the legal ramifications for creditors' and debtors' rights, as well as how the Constitutional Court's decision impacts the process of executing fiduciary assurances against defaulting debtors. The findings indicate that, while the verdict allows for greater flexibility in fiduciary registration, execution confronts procedural and creditor protection issues. In order to provide equitable legal protection for both parties, this study makes suggestions for enhancing the fiduciary guarantee implementation mechanism after the verdict.
Characteristics of Kiblat Films and The Application of Article 156a Kuhp To Blasphemy Nabila Dian; Mochamad Mansur
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.6.2.10769.95-102

Abstract

This research examines the characteristics of the ‘Kiblat’ film that caused controversy and the implementation of article 156a KUHP to blasphemy cases. This research aims to clarify whether the film ‘Kiblat’ is blasphemy or freedom of expression, as well as ensure consistent legal protection for religious people, enforce the law against blasphemy, and prevent potential social conflicts. This study uses a type of normative legal research.  The results of this study show that the ‘Kiblat’ film is considered to insult Islam by displaying religious symbols inappropriately. This raises concerns about the negative impact on religious harmony and violates Article 156a KUHP regarding blasphemy. Laws such as the ITE Law also function to regulate the dissemination of content that can cause hatred, especially related to religion. The government has an important role to play maintaining a balance between freedom of expression and respect for religious values.
Regulation of the Right to Strike for Professional Sportsmen in Indonesian and Spanish Law Perspectives I Ketut Satria Wiradharma Sumertajaya; Putu Eka Trisna Dewi; I Made Artha Rimbawa; I Kadek Alit Ambara Wijaya
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.6.2.10805.1-11

Abstract

Strikes are a fundamental right of workers across the globe, representing a manifestation of the right to freedom of association and the protection of the right to organise. It thus falls upon the state to safeguard the right to strike, which may be achieved, for instance, by enacting national legislation that strikes a fair balance between the interests of professional sportsmen and those of their employers. In light of the above, the present study focuses on the examination of the regulation of the right to strike for professional sportsmen in the context of Indonesian and Spanish laws. In this research, the author employs a normative legal research method with a statute approach and a comparative approach. The findings of this research demonstrate that the regulation of the right to strike for professional sportsmen in Indonesian and Spanish law exhibits notable differences. The right to strike is specifically regulated in Spain by the Ley 39/2022, De 30 De Dicembre, Del deporte (Spanish Sports Act). The legislation explicitly recognises the right of professional sportsmen to engage in industrial action. It is regrettable that the legislation does not prescribe the procedures that must be followed in the event of an industrial action. In contrast, the Indonesian legal framework does not specifically address the right to strike in the context of sports. Consequently, there are no dedicated regulations that pertain to professional sportsmen. Consequently, the regulations pertaining to industrial actions applicable to professional sportsmen are those set forth in the Indonesian labour law, which delineates the procedural aspects of strike implementation.
Effectiveness of Regulation of The Minister of Trade Number 40 Of 2022 Concerning Goods Prohibited from Export and Goods Prohibited from Import in The Tabanan Frog Market Ni Made Ayu Dwi Ardani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
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.6.2.10813.21-26

Abstract

This research examines the factors contributing to the ongoing trade of imported used clothing at Tabanan Regency’s Frog Market and evaluates the enforcement of Minister of Trade Regulation Number 40 of 2022, which prohibits the import and sale of such items. Imported used clothing poses a threat to local MSMEs and is flagged as a potential health risk due to its contact with human skin. However, the Frog Market, established in the early 2000s, remains a bustling hub for secondhand clothing, fueled by consumer demand for affordable, quality apparel. The study employs an empirical legal research method, incorporating socio-legal and legislative approaches through field observations and interviews. Findings reveal that economic necessity, unique fashion appeal, and environmental considerations drive consumers to purchase used clothing. Additionally, sellers leverage flexible, informal sales channels, including online groups, to sustain their businesses. Despite awareness of the legal restrictions, the economic reliance on thrifting poses challenges for regulation enforcement. The study concludes that for regulatory effectiveness, enhanced public awareness, law enforcement engagement, and consideration of local socio-economic realities are essential. These findings provide insights for policymakers aiming to balance legal mandates with the socio-economic impact on communities reliant on this trade.
Legal Protection for Consumers Against Losses Due to The Provision of Counterfeit Money by Non-Bank Money Changers Ni Komang Trisna Desinta; I Nyoman Putu Budiartha; I Made Aditya Mantara Putra
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.6.2.10814.27-32

Abstract

The growth of tourism has encouraged the development of non-bank money changers. However, there are non-bank money changer practices without a business license, which allows the circulation of counterfeit currency to consumers. Due to the absence of rules regarding the legal certainty of consumers related to the liability of businesses for the loss of consumers who obtain counterfeit money. The formulation of this research problem, namely: 1) How is the regulation of legal protection for consumers in non-bank money changer activities? 2) How is the liability of business actors money changer non-bank for the loss of consumers who get counterfeit money from the exchange of foreign currency?. The research method used is normative legal research with a statutory approach and conceptual approach. The results showed that the regulation of non-bank money changer only based on Bank Indonesia Regulation No. 18/20/PBI/2016. If consumers suffer losses due to counterfeit money, then consumers can request compensation in accordance with Article 19 of the GCPL and if the business refuses to provide accountability, consumers can claim their losses by suing the business according to Article 1365 and 1366 of the Civil Code.
Digital Nomad:Analysis of Legal Impact and Government Influence on The Concept of Cultural Tourism in Bali Putu Lantika Oka Permadhi; Kadek Apriliani
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.6.2.10815.42-49

Abstract

Digital nomadism has emerged as a growing trend within the global tourism landscape, offering unique opportunities for Bali’s cultural tourism sector. By attracting remote workers who seek immersive travel experiences, Bali can develop cultural tourism rooted in local wisdom, thus revitalizing its tourism industry. This approach is particularly relevant as the sector recovers from the severe impacts of the Covid-19 pandemic. However, technological advancements have provided support to the tourism and creative economy sectors in navigating the pandemic. The purpose of this research is to understand the legal impacts and government influences on the concept of cultural tourism in Bali. This study employs normative legal research based on secondary data. The research focuses on analyzing legal standards to provide fresh claims, hypotheses, or ideas as guidelines for addressing issues, making it a more in-depth study. The findings indicate that the presence of digital nomads in Bali significantly impacts the preservation of cultural tourism centered on tradition and local wisdom. While this phenomenon brings positive economic effects, such as increased consumption and local investment, the negative impacts on culture and the environment must also be considered. The commercialization of culture, changes in social landscapes, value conflicts, and environmental pressures are the main challenges for Bali in maintaining its cultural identity.
Sharia Insurance Disputes Through Sharia Arbitration: A Legal Discourse Sawitri Yuli Hartati; Fauzan Azhim
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.6.2.10816.50-60

Abstract

Sharia insurance in Indonesia has experienced significant growth, accompanied by increasingly complex disputes between Islamic insurance companies and policyholders. The primary issue lies in the fragmented legal framework for resolving sharia insurance disputes, with relevant provisions spread across multiple laws and regulations. This has become a discourse and issue of legal norms for sharia arbitration as an option for Islamic arbitration is currently governed by Supreme Court Regulation Number 14 of 2016 and governs the settlement of sharia insurance claims. The research method used is descriptive normative by analyzing regulations laws governing sharia dispute resolution. The results of this study explain that state policy in managing sharia Article 58 of Law No. 48 of 2009 concerning Judicial Power is still used by constitutional authority because insurance issues are still being discussed. Law No. 30 of 1999 must therefore be amended, particularly the section pertaining to the District Court, which needs to be enhanced by the Religious Courts and the processes for settling conflicts through sharia arbitration.
Determination Of The Seller's Absence In The Sale And Purchase Agreement Of Land Ownership Rights Nanang Fayakun; Setiyowati; Edy Lisdiyono
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.6.2.10817.61-67

Abstract

This study investigates the legal implications of the seller's absence in a land ownership rights sale and purchase agreement, focusing on a case where the seller's whereabouts were unknown. The research examines Court Ruling Number 52/Pdt.P/2014/PN Mkd, which declared the seller, Nur Rochman, absent and appointed his father, Sarkam, to represent him in the sale of his land. The ruling is analyzed from the perspective of legal certainty, judicial reasoning, and its alignment with the Civil Code. Based on literature and legal regulations, the normative juridical method is used to address legal uncertainties related to the seller's absence. The study highlights the process of transferring land ownership rights under Indonesian law when the seller is declared absent and raises concerns about future claims by the original owner. It concludes with suggestions for improving the legal framework to ensure greater certainty in such transactions.
The The Impact of the Job Creation Law on Spatial Planning Policy: Challenges and Opportunities Utari Dewi Fatimah; Robi Assadul Bahri
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.6.2.10846.82-89

Abstract

The birth of the Job Creation Law brings significant changes to spatial planning policies in Indonesia, with deregulation aimed at increasing investment and permitting efficiency. However, these changes also raise concerns regarding environmental sustainability and effective spatial governance. This research aims to evaluate the impact of the Job Creation Law on spatial planning policies in Indonesia and offer policy recommendations that can balance investment interests with environmental sustainability needs. This research use normative legal research employs a conceptual and statutory approach. Data were collected through literature studies that included legislation and scientific literature and then analyzed qualitatively from a legal perspective. The research results indicate that the Job Creation Law creates opportunities for increased investment but poses significant challenges in terms of oversight, coordination, and environmental preservation. Deregulation that facilitates land permits risks causing environmental degradation and conflicts of interest, especially in areas with high ecological vulnerability. The implications of this research are the importance of developing more adaptive spatial planning policies, strengthening implementation capacity at the regional level, and improving coordination between the central and regional governments. In addition, community involvement needs to be enhanced to support accountability and sustainability in spatial planning during this era of regulatory changes.

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