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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 Review of the Position of Balinese Women in Inheritance from the Perspective of Balinese Customary Law Made Artha Rimbawa; I Putu Andika Pratama
Journal Equity of Law and Governance Vol. 7 No. 2 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.175-179

Abstract

Women are legal subjects who are still subject to discriminatory treatment, one of which occurs in the case of inheritance as happened to women in Bali because the inheritance system in Bali uses a patrilineal system. In family law and inheritance where Hindu law emphasizes the rights and obligations of sons with purusha status. So that problems arise related to the position of Balinese women in inheritance matters. The formulation of the problem in this issue is: (1) What is the inheritance status of Balinese women in the perspective of Balinese customary law, and (2) What is the inheritance status of Balinese women in the perspective of Human Rights (HAM). This research is a doctrinal research using primary, secondary and tertiary legal materials. The technique of collecting legal materials is carried out by studying documents using a statue approach, a fact approach, and an analythical conceptual approach. The results of this research are: First, according to Balinese Customary Law, women can receive inheritance or become heirs as long as their marriage status is Purusha. However, in its development, Balinese women are entitled to inheritance based on the Keputusan Pesamuan Agung III MUDP Bali No. 01/Kep/PSM-3MDP Bali/X/2010, 15 October 2010. Second, the Law of the Republic of Indonesia Number 39 Year 1999 concerning Human Rights and the Convention on The Elimination of All from Discrimination Against Women does not regulate whether or whether or not women are heirs or whether or not women are entitled to receive inheritance. So that in this case the determination of whether or not women, especially in Bali, to inherit is focused on the aspect of Balinese Customary Law as a form of recognition of the Customary Law Community Unit which is regulated in the Constitution.
THE RIGHT ON LAND FOR FOREIGNER AND FOREIGN LEGAL ENTITY TOURISM INVESTASION PERSPECTIVE, PARTICIPATION AND NOMINEE PRACTICE PREVENTION Siti Hafsyah Idris; IGN. Supartha Djelantik; I Nyoman Putu Budiartha
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3237.1-9

Abstract

Bali is one of the national cultural heritages, which is endlessly praised in various essays and research results, then becomes a reference and promotion as an exotic island that inspires the rise of world tourism. Tourism encourages investment in hospitality, restaurants, transportation, trade, property, the creative economy sector and others. Investment, changing the function of agriculture into hospitality and transforming the work of farmers into services. Major changes in the mind-set of rural farmers to urban services. The purpose of this study is to find out the concept of norms and substance of the basic Agrarian Law and the laws and regulations in land ownership/ Provision of Residential for foreigners/Foreign Legal Entity. This research applies a socio-legal approach. This change is not accompanied by a significant expansion of public participation, because tourism is concentrated in capital due to legal limitations that favoring on investors..The results of the study are expected to encourage the weight of the substance of the Foreigners Residential Provision legislation, containing the substance of the Foreigners Residential Provision regulatory norms carrying the message of community participation as social engeeneer and community expectations (das sollen), global.
IMPLEMENTATION OF GOOD CORPORATE GOVERNANCE AND PRUDENTIAL PRINCIPLES (PRUDENTIAL BANKING REGULATIONS) IN BANKING Erikson Sihotang
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3239.10-16

Abstract

Banks are required to improve bank health in accordance with the provisions of the aspects of capital adequacy, asset quality, management quality, liquidity, profitability, solvency, and other aspects related to bank business, and are required to conduct business activities in accordance with the principles of prudence. The principle of trust is the main, basic, and most important principle of banking activities. Banks are institutions based on trust by taking advantage of fiduciary obligations from customers to banks in the form of trust in customer data and money from customers. The bank has a function as an intermediary institution that assists in the smooth operation of the payment system, as well as as an institution that becomes a vehicle for Government Policy policies, namely monetary policy. The application of the precautionary principle has a wide scope, not only in relation to the process of providing credit or corporate financing by banking financial institutions as stated in the Banking Act but also all aspects of banking company services. The aim of this research is to know the governance of the bank in order to prevent public doubts about the financial system of the bank.
RECOGNITION OF SOCIETY RIGHTS IN TRADITION SPECIALLY IN TOURISM REGULATION BASED ON ARTICLE 18B PARAGRAPH (2) OF THE 1945 CONSTITUTION OF THE REPUBLIC INDONESIA Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku; Ni Ketut Sari Adnyani
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3242.25-36

Abstract

This research is focused on the normative problem of the vacuum of recognition norms by customary law communities which causes injustice in tourism development. This research is a normative legal research with a socio legal approach. This research approach uses a statutory approach, a legal approach with a policy orientation. The absence of norms at the level of the Law, plus contradictory interpretations regarding the conditions in Article 18B paragraph (2). At the local government level, the province of Bali has actually made a number of legal products that recognize indigenous peoples in the tourism sector. It is not sufficient to prove the recognition of indigenous peoples in one area. East Java Provincial Regulation as a comparative study. The results show that the recognition of customary law communities is still included in the product of tourism regulations. It affects ± 60% minimum operational funds, ± 15% low sharing funds, ± 10% local government contributions, and ± 5% sourced from sponsors. Regarding this fact, the alternative solution is through the reconstruction of the ideal legal model for the recognition of customary law communities in the tourism sector as a legal input for drafters.
JURIDICAL ANALYSIS ON THE LEGAL CHOICE CLAUSE AND DISPUTE SETTLEMENT IN THE FRANCHISE AGREEMENT Giovanni Melianus T; I Nyoman Budiana; Sheanny Scolastika
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3243.37-47

Abstract

Collaboration in the trade sector both at the national and international levels in the form of a franchise looks simple, but behind it, there are various problems that require attention from both the public or parties as well as from the Indonesian government. This is because the franchise agreement conducted by the parties often involves foreign parties who have a different legal system from Indonesia. This situation has the potential to create a conflict of law. Therefore, this study aims to provide legal solutions to disputes that may occur between the franchisor and the franchisee so that neither parties is burdened because of the lack of laws covering it. Normative legal research is used to analysis the problem of this research. The data source of this research uses primary legal materials and secondary legal materials related to clauses in the franchise agreement. Likewise, for the settlement of disputes on an agreement that has not yet determined the choice of law, several theories in international civil law can be used, such as the lex loci contractus theory, the lex loci solutionis, the proper law of contract, and the theory of the most characteristic connection to find laws that should apply (lex cause) For the settlement of legal disputes (conflict of law), especially in franchise agreements, the settlement of disputes does not have to go through litigation or court but can be resolved through Alternative Dispute Resolution (ADR) including arbitration institutions, which have the advantage of solving them, namely efficiency ( cost and time).
THE FUNCTION OF THE SALE AND PURCHASE DEED IN THE TRANSFER OF LAND OWNERSHIP RIGHTS Akbar Rahmat Irhamulloh Abba; Dimas Al Hakim; I Putu Aris Udiana Putra
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3244.48-60

Abstract

Land is one of the wealth guaranteed by the State of Indonesia for the prosperity of its people. The Country of Indonesia is a legal state in accordance with article 1 paragraph 3 of the Constitution of the Republic of Indonesia in 1945 which indicates that all actions taken by the authorities and the public must be based on the applicable law. Likewise in the field of land, that all actions taken by both the ruler and the public must always be based on the prevailing law which is the provisions of the prevailing laws and regulations. The purpose of this research is to analyze the legal requirements of the transfer of property rights to land and to know the function of the deed of sale and sale in its relationship in the transfer of property rights to land. This type of research is normative juridical research. The problem approach used to examine this issue is the approach of legislation. Legal materials used are primary legal materials and secondary legal materials. The method of analysis of legal materials is to use the technique of inventorying and classifying legal materials and to answer the problem of this research using the principle of preference where to point to the law which takes precedence. The results of the discussion show that for the valid terms of sale and purchase of property on land must meet the provisions in the Civil Law and Agrarian Principal Law which is further regulated in Government Regulation No. 24 of 1997 on Land Registration. The legal consequence of the transfer of property rights to land according to the Basic Agrarian Law is that the authority of the old land owner is automatically lost and transferred to the buyer, due to the dualism of regulations regarding the sale and purchase of land rights, namely in accordance with the provisions of the Civil Code and according to the provisions of the Law In the Basic Agrarian Law, the principle of preference is used here, namely more specific provisions overriding more general provisions. So the provisions in the Basic Agrarian Law override the provisions of the Civil Code regarding the sale and purchase of land rights.
THE MAXIMUM LIMIT OF LAND OWNERSHIP BY LEGAL ENTITIES BASED ON STATUTORY Shara Mitha Mahfirah
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3245.61-67

Abstract

Land is one of the essential elements related to human life. The proverb says, we were created from the ground and will return to the ground. Land issues in the community have influenced land conflicts, namely in the legal dimension, into the economic, political, social and defense and security dimensions. The government needs to establish policies in regulating land tenure as mandated by Law Number 5 of 1960 concerning Basic Agrarian Principles, Article 7 and Article 17. Land tenure can be classified into two legal subjects, namely individuals and legal entities. Regulations regarding land tenure by individual legal subjects have been regulated in detail, unlike land tenure by legal entities. The problem formulation s of this research is how the maximum limit of land ownership by legal entities and how the Rights over land controlled by legal entities. In addition, this research aims to identify and understand the impact caused by over-limit control by legal entities. The method of this research is normative legal research and using several approaches such as legal approach and conceptual approach Therefore, the government's firmness in implementing the UUPA contained in articles 7 and 17 to establish policies in order to achieve optimization of land use for the welfare of the entire Indonesian nation and avoid prolonged conflicts.
HALAL CHARACTERISTICS OF SMALL AND MEDIUM MICRO BUSINESS PRODUCTS (MSMEs) IN PATEMON VILLAG KREJENGAN SUB-DISTRICT PROBOLINGGO DISTRICT Dyah Ochtorina Susanti
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3246.17-24

Abstract

This research is motivated by the fact that there are still products of Micro, Small and Medium Enterprises (MSMEs) in Patemon Village, Krejengan District, Probolinggo Regency, which do not yet have a halal certificate, because the product does not qualify the halal criteria and the public does not understand about the characteristics of halal. This study aims to analyze and provide an understanding about the characteristics of halal, especially on MSME products in Patemon Village, Krejengan District, Probolinggo Regency. The results of the study using the normative legal research with the statute approach, conceptual approach, and comparative approach is that the halal characteristics of MSME products in Patemon Village can be seen from 2 (two) aspects, namely the material and the process of making it or the event to get it. At the end of this study, the researcher also gave advice to MSME product producers in Patemon Village to immediately take care of their halal product certification and to the government to disseminate information to the public regarding about characteristics of halal on MSME products.
IMPLEMENTATION OF GOVERNMENT OVERSIGHT FUNCTIONS RELATED TO CHILD FRIENDLY GREEN OPEN SPACE IN GRESIK REGENCY Nabbilah Amir; Burhan Adlansyah
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3247.68-76

Abstract

Gresik Regency is known as a maritime and broad industrial area, regarding how the implementation of actions in the aspect of supervision carried out by Gresik District Government agencies related to the existence of a Child Friendly Green Open Space. The aim of this research is to see if green open space in Gresik Regency is suitable in terms of child-friendly standards. The research method used is empirical juridical. The results showed that in the implementation of supervision of the Child Friendly Green Open Space by the Gresik Regency Government was carried out by the Licensing Service as a gateway, by verifying consisting of two verification teams of industrial companies and housing development based on recommendations from the Department of the Environment through environmental documents that were has been made if there is a third party that does not carry out its obligations the Office of the Environment can provide a warning letter by requesting a copy to the Regent and the Licensing Office. Then related to controlling the existence of Child Friendly Green Open Space will be carried out by the Office of the Environment.
THE FUTURE OF LAW FROM THE JURISPRUDENCE PERSPECTIVE FOR EXAMPLE :THE INFLUENCE OF SCIENCE & TECHNOLOGY TO LAW, AI LAW Rehna Gul; Abdallah Mohamed Othman El Nofely
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.1.3249.77-83

Abstract

The field of law is as old as the human civilization. In the ancient Holy Scriptures, the laws of humans, God made Laws, laws of nature, cultural laws, trade laws etc. have been discussed around the world. Even in the stone ages humans were following certain principles and laws which were the basis of law. This article touches the historical perspective, present scenario and future of law. Especially the use of technology in law has brought a revolutionary change in recent decades. The computers, cell phones, social media, internet as a whole, Google play store applications, laptops, i pods and various other devices have made significant changes in old practices and present-day practices in the field of law. Hence, the research aim is a consideration material in making future laws about AI in order to protect Artificial Intelligence users around the world. The research methods and techniques have been made simple. This is a fast world in which we are living. No one has time for anything in this era. With the use of technology many time-consuming activities can be performed in minutes and seconds in this era. We are heading in a direction of more human friendly and time saving environment. Although humans in different parts of the world have different cultures, norms, ethics, eating habits, religions, physical appearances and opinions but there are certain norms and international practices which are widely accepted around the world.

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