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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 Aras Samsithawrati; I Gede Agus Kurniawan; Rafika Amalia
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11436.1-9

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. This study aims to elaborate the protection of well-known marks 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 capable of distinguishing goods or services products, it refers to distinctiveness theory.
Implementation Of Law Number 6 Of 2014 On Villages And Its Implications In Portibi Jae Village, North Padang Lawas Regency Alamsyah; Khalid
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.6.2.11492.136-143

Abstract

The aim of this research is to understand the implementation of Law No. 6 of 2014 on Villages and its implications for village development in Portibi Jae Village, Portibi District, North Padang Lawas Regency. Villages play a key role in the development of infrastructure and human resources (HR) in the region. The progress of a village impacts the development of the surrounding area and supports national development. This study is an empirical legal research that is descriptive and qualitative, using a case approach. The data collection techniques used are observation, interviews, and documentation. The results of the study show that the implementation of the Village Law in Portibi Jae Village has been carried out in accordance with applicable regulations, involving community participation, village governance, community economic empowerment, village fund management, and strengthening village institutions. The implications of the Village Law in Portibi Jae Village cover three main sectors: increased community participation, strengthened community economy through various programs including BUMdes (Village-Owned Enterprises), and improved village governance that is more accountable, transparent, and proactive, involving the village community. The impact of this implementation is reflected in the improvement of the physical condition of Portibi Jae Village, better village services, increased values of mutual cooperation in development, and the emergence of handcraft industries such as making bags and mats from gebang palm, mango syrup production, and banana chips by community groups. These activities contribute to the improvement of the community’s economy.
The The Existence of Law Number 42 Of 1999 on The Execution of Object on Fiduciary Guarantees on Defaulted Debtors Gatot Eko Yudhoyono; Unggul Basoeky
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11596.89-95

Abstract

Fiduciary means the transfer of property rights based on trust, which gives the debtor a position to retain control of the collateral. The occurrence of fiduciary guarantees through encumbrance by making a notarial deed called the Fiduciary Guarantee Deed. If no settlement is made, direct execution will be carried out in accordance with the provisions of “Article 30 of Law Number 42 of 1999 concerning Fiduciary”. This problem can be resolved through the implementation of court decisions in civil cases. The author in conducting research uses normative juridical research. The research is conducted by examining laws and regulations. Furthermore, the research conducts descriptive analysis through a qualitative approach. The results of the research show that if the debtor defaults, the execution of the fiduciary guaranteed object can be carried out in 3 ways, namely executorial execution, sale of the fiduciary guaranteed object under the authority of the fiduciary recipient through auction and sale under the hand. Factors affecting the execution of fiduciary guarantees include internal and external. Internal factors affecting execution are that the debtor does not understand the law, unilateral determination of default, not stipulated in the deed of agreement and the debtor does not voluntarily submit the object of collateral. Meanwhile, the external factors are that the fiduciary guaranteed deed is not registered by the leasing company, the fiduciary guaranteed certificate is not used as collateral.
Revocation of Deed of Gift Issued by Land a PPAT Due Heirs Disapproval (A Study on the Verdict of Medan High Religious Court No.112/PDT.G/2019/PTA.MDN) Farahdiba Syawlia Siregar; Hasim Purba; Jelly Leviza
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.6.2.11663.144-164

Abstract

A gift is something which is given for free: it is intended to be the solution in the distributing inheritance so that there will be no conflict in practicing it. In reality, however, a gift is not the best solution because there are many disputes about the revocation of deed of gifts as what happens in the Verdict of the Medan PTA (High Religious Court) No.112/Pdt.G/2019/PTA.Mdn because a gift is a joint property and given by the parents to one of their children without any approval from the others heirs. The result is that it causes a conflict among the heirs since they think that it is not fair. This research uses juridical normative research method with descriptive analytical approach. The data consists of secondary data, obtained from primary, secondary, and tertiary legal materials. They are gathered by conducting library research and interviews. The gathered data are analyzed by using qualitative analytical method. The result of the research suggests that the revocation of the deed of gift happens because there is a regulation which has been violated-the gift is more than 1/3 of the property. In making the deed of gift, a PPAT is a responsible for it. He is required to understand the regulation the regulations on distrtribution of gift, let alone if the heirs and the testators are moslems. He has to know how to distribute a gift in the KHI (Complication of the Islamic Laws), and he has to apply the Principle of Prudence in making Deeds of Gift in order to avoid conflicts. The conclusion is that the Deed of Gift No.184/Binjai Kota/2004 issued by PPAT in the Verdict of the Medan PTA (High Religious Court) No.112/Pdt.G/2019/PTA.Mdn does not have any legal force because the deed of gift has violated the Islamic Sharia specified in Article 210 of KHI in which is more than 1/3 of the testator’s property and the distribution of inheritance does not have any approval from the heirs. The consequence is that the receiver loses his right on the gift. The panel of the judges’ decision causes the status of the land and the building becomes the joint property again. The panel of judges’ decision in this Verdict has applied the Principle of Prudence for the whole party since the judges’ do not side with any parties in the litigation, and they recognize the equality of rights and obligations of both parties.
The urgency of protecting sensitive data is reflected in Article 4(2) of Law No. 27/2022 on Personal Data Protection Andi Darti; M. Marnija
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11938.10-21

Abstract

The protection of personal data is a top priority in the digital era, especially with the increasing threats to individual privacy and security of sensitive information such as health, biometric, and genetic data. Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) is present as a legal framework that emphasizes the principles of transparency, security, and accountability to prevent data misuse. However, the implementation of the PDP Law in Indonesia faces significant challenges, such as technological limitations, low awareness among Electronic System Operators (PSEs), and weak law enforcement mechanisms. This study aims to analyze the effectiveness of Article 4(2) of the PDP Law in protecting sensitive data and explore strategic steps to overcome implementation constraints. The research methods used are normative research with juridical and conceptual approaches, as well as qualitative analysis. The juridical approach analyzes legal texts, while the conceptual approach explores the best practices of international regulations such as the EU GDPR. The data was analyzed descriptive-analytically to identify obstacles and solutions. The results of the study show that strengthening supervision, the adoption of advanced technologies such as AI and blockchain, and public education are urgently needed. This research recommends synergy between the government, PSE, and the community to create a safe and reliable digital ecosystem, while supporting digital transformation and sustainable economic growth.
Building the Basics of Gender Mainstreaming in Strengthening the Legal System in Indonesia Ni Putu Yuliana Kemalasari; I Nengah Pasek Suryawan
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11939.22-27

Abstract

The World Conference on Women held in Nairobi in 1985 has greatly changed the gender paradigm throughout the world. It was at this conference that the term gender mainstreaming was first introduced. Gender issues are problems that always have pros and cons in a social system in society, which then has an impact on the legal system in a country. A country becomes strong if it is supported by a strong legal system. Therefore, building the foundations for gender mainstreaming in strengthening the legal system will be a strategic step to create a legal system that is inclusive and fair for all parties, especially marginalized parties. The research method used to examine problems related to how to build the foundations of gender mainstreaming in the legal system is the normative juridical method. Gender mainstreaming in the legal system includes the integration of gender perspectives in every process of creating, implementing, and evaluating legal policies. In order to strengthen the legal system, gender mainstreaming also involves drafting more gender-sensitive regulations with effective monitoring mechanisms to avoid discriminatory acts.
Implementation of Natural Law and Positivism in the Recognition of Customary Law Communities in the Capital Region of the Indonesian Archipelago (IKN) Safriansyah Yanwar Rosyadi; Yose Desman; Ade Saptomo
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11940.28-36

Abstract

The implementation of customary law in Indonesia faces various challenges related to the recognition and protection of the rights of indigenous peoples, especially those related to customary and land rights. Although the 1945 Constitution and other regulations, such as the Forestry Law recognize the existence of indigenous peoples, the reality on the ground shows an imbalance between customary law norms and positive law, which often leads to conflict and neglect of indigenous peoples' rights. Development policies that are oriented towards economic interests frequently conflict with the traditional rights of indigenous peoples, causing injustice. This article discusses legal issues related to the implementation of customary law and provides solutions and recommendations to strengthen legal protection for indigenous people, through regulatory reform, constructive dialogue, and more inclusive development policies.
Violation of Legally Binding Peace Agreements Legal Implications and Resolution Solutions Hans Karyose; Muhammad Ansari; Ade Saptomo
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11941.37-41

Abstract

Disputes arise between two or more parties when one party feels dissatisfied or harmed. Fundamentally, disputing parties are granted the freedom to determine their preferred dispute resolution mechanisms. According to Laura Nader and Harry F. Todd, disputes evolve through three stages: (1) Pre-conflict, characterized by underlying dissatisfaction; (2) Conflict, when the parties become aware of the dissatisfaction; and (3) Dispute, where the conflict is openly expressed or involves a third party.  Legally binding peace agreements are crucial instruments for resolving disputes across various legal domains, including civil, criminal, and administrative law. However, in practice, there are frequent instances where one party fails to uphold the terms of a court-ratified peace agreement. This paper examines the legal aspects of violations of legally binding peace agreements, their implications, and the potential solutions to ensure the sustainable implementation of such agreements.
Justice Social in the Age of Gig Economy: Reconstructing Legal Positivism to Draft Regulations Digital Jobs Raden Ferdiandra Defry Yusdanial; I Wayan Mustika Eko Yuda
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11942.51-65

Abstract

The era of the gig economy has change landscape global employment, including in Indonesia, with emergence platform-based digital jobs such as online motorcycle taxis, workers freelance, and freelancer. Although offer flexibility, system This present challenge significant regulation, especially in protect rights digital workers. Existing regulations, which are dominated by law positivism, often focused on certainty law but fail to accommodate justice social for workers. As a result, many digital workers are in a legal status that is not clear, without social protection and basic rights. Research This aims for reconstruct law positivism to be able to compile regulation equitable digital jobs. With approach philosophical and normative, research This analyze weakness law positivism in context digital work, highlighting challenge main such as worker status (employee vs independent contractor), protection social, and relationships complex work in digital platforms. Based on analysis of literature law, international regulation, and studies case, research proposes a reconstruction model law that integrates principal social justice in framework law positivism. Research results show that law positivism need transform from approach formalistic to a more approach adaptive and inclusive. Reconstruction This includes: (1) recognition of legal status hybrid digital workers, (2) compilation mechanism protection universal social for worker gig economy, and (3) development system supervision based on technology for supervise digital platform compliance with regulation. Research novelty This lies in the development of regulatory models based on law Accommodating positivism justice social for digital workers in the gig economy era. This model offers practical and theoretical solutions. For create a system balanced regulation between certaifor law and protection rights workers, at the same time become runway for legal reform employment in the digital era.
Environmental Damage as a Loss to the State Economy in the Perspective of State Control Rights Siti Chusnul Nurlaela; Andik Puja Laksana; Ade Saptomo
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11944.42-50

Abstract

Environmental damage can be considered a loss to the state economy. In terms of analyzing the state economy, the author takes the perspective of state control rights. The Constitution of the Republic of Indonesia in Article 33 paragraph (3), which states that the earth, water and natural resources are controlled by the state and properly managed for the greatest prosperity of the people. This should be referred to as a philosophical guideline because the management and administration of the state economy must and must have aspects of concern for the prosperity of the people Observed from the sustainability of the state's operational activities in building a climate of public services recorded in 2018, the state issued a balance of Rp. 112 trillion, with an increase from the previous year, namely in 2014 to 2017 with a total of only Rp. 115 trillion. This in a year beats the expenditure that is consumable and the tendency to do repeated procurement from the total of the past three years. The view of wasting costs for a kind of environmental rehabilitation must be used with the prefix of mitigation, contextually the state is obliged with its role to maximize the right to state control to prevent negative extreme damage to the environment. This research is studied and made with normative legal research methods, explicitly using a statutory approach (statuate approach), and a conceptual approach (conceptual approach). The statutory approach is chosen by the author to analyze the problem with relevant regulations and regulations, so that this research has an analytical technique that is based on positive law in Indonesia.

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