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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 212 Documents
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Implementation of Adequate Housing Fulfillment for the Poor by International Non-Governmental Organizations in Batam City (A Study on Habitat for Humanity) Selfia Afriantita; Rina Shahriyani Shahrullah; Elza Syarief
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.7.1.11951.75-88

Abstract

Everyone has the right to a decent standard of living, including the right to adequate housing. This right is enshrined in the Universal Declaration of Human Rights, the 1945 Constitution of the Republic of Indonesia, and Law No. 1 of 2011 concerning Housing and Settlements. However, in practice, there are still approximately 1,713 inadequate homes in Batam City, despite the existence of Batam City Regional Regulation No. 6 of 2019 on Housing and Settlement Management. Therefore, the aim of this study is to gain a deeper understanding of efforts to provide adequate housing in Batam City, particularly by Habitat for Humanity, using Soerjono Soekanto's Theory of Legal Effectiveness as an analytical tool. To achieve this objective, the study employs an empirical legal research method with a sociological approach, collecting primary data through observations and interviews, and secondary data through literature review. All data are analyzed qualitatively from a juridical perspective. The findings indicate that Habitat for Humanity adheres to international, national, and local regulations and involves the local community to ensure that the constructed homes meet the standards of adequate housing. However, Habitat for Humanity still faces challenges related to law enforcement, infrastructure, and cultural factors. To address these challenges, it is necessary to establish a regular coordination forum between BP Batam, the Batam City Government, and Habitat for Humanity, enhance basic infrastructure such as clean water and electricity, and optimize land use. Additionally, education and socialization on community cooperation that aligns with local culture, as well as adjustments to administrative procedures to facilitate community participation, are recommended.
Legal Protection for Foreign Investors in Tourism Business Development in Bali Province Made Bayu Sucantra
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.7.1.12860.66-74

Abstract

Foreign investment has an important role in encouraging regional economic development in Indonesia, such as infrastructure, employment, technology transfer, and economic diversification. As is known, foreign investment in the Province of Bali continues to increase, which makes the Province of Bali one of the factors that encourage regional economic growth in the State of Indonesia. The problems raised from this paper are: 1) Factors of foreign investors' problems with Foreign Investment (FDI) in the Province of Bali; 2) Countermeasures/handling of Foreign Investment (FDI) problems and legal protection for foreign investors in the Province of Bali. This research includes doctrinal research, which is defined as research using analytical and deductive reasoning to interpret and criticize legal material, which seeks to develop legal theories or concepts by examining and comparing legal doctrines, principles, and precedents. This study uses primary, secondary and tertiary data. This study also uses several approaches to provide clarity about the description of the substance of scientific work. The approach in question is a factual approach and a conceptual approach. The results of this study are in general; it can be concluded that the factors that can affect Foreign Investment (FDI) in Bali Province include the following: Economic growth; Domestic interest rates; The exchange rate of the rupiah against foreign currencies; Export; Workers' wages; Economic crisis. So, of course, it is hoped that Bali Province can carry out regulatory reforms, increase political stability, and improve the skills of local workers. It is hoped that the pace of foreign investment can be controlled and the goal of helping regional economic development in Bali Province can be realized.
Restorative Justice–Based Tourism Investment Dispute Resolution Model: A Theoretical and Normative Study Made Cinthya Puspita Shara; Putu Ade Harriestna Martana; Nyoman Satyayudha Dananjaya; Kadek Agus Sudiarawan
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.1-7

Abstract

This study aims to identify the challenges in resolving tourism investment disputes through a restorative justice approach, based on Howard Zehr's theory, and to assess the applicability of mediation mechanisms as an alternative form of inclusive and sustainable dispute resolution. Investment disputes in the tourism sector in Indonesia reflect the complexity of the relationship between economic, social, and cultural interests, especially when such investments impact the rights of local communities and environmental sustainability. This study employs a normative legal research method that combines a regulatory approach, a conceptual approach, and case studies. The study finds that Indonesia's formal legal system has not fully accommodated the need for the restoration of social relations in tourism investment conflicts. A restorative approach that emphasizes dialogue, participation, and restoration is important to integrate into dispute resolution policies. Mediation, as an ADR mechanism in line with the principles of restorative justice, has proven to be capable of providing more adaptive and participatory solutions. Therefore, it is necessary to strengthen regulations and institutions that support the application of restorative mediation within the national investment legal framework to promote fair, sustainable, and recovery-oriented tourism development.
Agrarian Reform: The Legal Protection of Ulayat Land for Indigenous Peoples A. A. Istri Eka Krisna Yanti; Anak Agung Istri Ari Atu Dewi; I Gede Pasek Pramana; Anak Agung Angga Primantari
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.54-62

Abstract

This study examines the recognition and management authority of the ulayat land of indigenous peoples after agrarian reform. The 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law recognize the rights of indigenous peoples and their ulayat rights. However, due to dilemmas regarding the protection and management of ulayat land, it is necessary to assess the extent of legal certainty in the governance of ulayat land for indigenous people. This research employs a normative legal methodology, incorporating both statutory and conceptual approaches. The findings reveal that land in Indonesia is ultimately controlled by the State, as provided for in Article 33 of the 1945 Constitution. State control is not absolute ownership and may be delegated to indigenous people. Agrarian reform, as formalized through Presidential Regulation No. 62 of 2023 and Ministerial Regulation ATR/BPN No. 14 of 2024, officially recognizes indigenous peoples. This occurs by issuing Land Parcel Identification Numbers (Nomor Identifikasi Bidang Tanah) and registering ulayat land in the Ulayat Land Registry (DaftarTanah Ulayat). Based on this registration, indigenous people may manage their customary land. They can further affirm their rights by applying for Land Management Rights (Hak Pengelolaan) or Freehold Title (Hak Milik) in the name of the indigenous people to ensure legal certainty. This study concludes that agrarian law reform provides indigenous people with recognition and protection to manage ulayat land.
The Legal Responsibility of Government in The Implementation of Sustainable Development Policies: A Normative Juridical Study on The Role of Bureaucracy In Supporting The Achievement of Sustainable Development Goals (SDGs) In Indonesia Anak Agung Gede Agung Indra Prathama; Cokorda Gede Swetasoma; Kadek Ary Purnama Dewi
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.29-44

Abstract

Sustainable development is a development paradigm that emphasizes the balance among economic, social, and environmental dimensions, aiming to fulfill the needs of the present generation without compromising the ability of future generations to meet their own needs. This study aims to identify the legal norms underpinning government obligations, evaluate the implementation of bureaucratic roles based on the prevailing legal framework, and examine the juridical and institutional obstacles that hinder the effective implementation of the Sustainable Development Goals (SDGs). The legal issues addressed in this research include: (1) What is the nature of the legal responsibility of the Indonesian government in implementing sustainable development policies? (2) How does the bureaucracy contribute to supporting the achievement of SDGs from a normat ive legal perspective? (3) What juridical and institutional challenges do the bureaucracy face in executing the SDGs, and what legal solutions can be proposed? This study employs a normative juridical approach, focusing on the analysis of positive legal norms, including national legislation, constitutional provisions, and binding policy documents related to sustainable development implementation. The approach is complemented by a review of relevant literature and international legal instruments pertaining to the SDGs agenda. The findings indicate that, normatively, the Indonesian government holds a clear and binding legal obligation to realize the principles of sustainable development. However, the effectiveness of policy implementation is significantly in fluenced by the bureaucracy’s performance, which is expected to be responsive, transparent, and accountable. Therefore, bureaucratic reform grounded in the principles of good governance is an essential prerequisite to support the achievement of sustainable development goals in Indonesia.
An Equitatable Partnership Model for Natural Resource Investment: Reconciling Capital, Finance, and Community Welfare in Indonesia's Palm Oil Sector Muhammad Ihsan; Ni Luh Made Mahendrawati; I Gusti Bagus Suryawan; Ni Komang Arini Styawati
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.8-15

Abstract

This study develops a transformative partnership model to address structural injustice in the utilization of Indonesia's natural resources, focusing on the palm oil sector. Employing a mixed-method socio-legal approach, it finds that existing partnerships—transactional, labor-based, and the mandated nucleus-plasma scheme—perpetuate colonial and New Order-era inequalities, violating principles of both deontological and teleological justice. A stark welfare paradox is identified: corporate plantation workers remain in low-wage dependency, while independent smallholders in cooperatives achieve significantly higher income and asset ownership. The analysis, framed by Rawlsian and Walzerian theories of justice and New Institutional Economics, reveals that current regulations create high transaction costs and path dependency that favor capital. The proposed model, "Justice as Redistribution and Reciprocal Advantage," advocates for a state-mediated, bank-financed gradual redistribution of corporate land to farmer cooperatives, coupled with corporate transition into downstream industries. This creates a Kaldor-Hicks efficient "win-win" scenario, fulfilling the constitutional mandate for natural resources to serve the people's greatest prosperity. The study concludes that only a radical restructuring of asset ownership and partnership governance can achieve substantive equity.
Criminal Liability of Doctors in Telemedicine Health Services M. Ngurah Yogie Khrsna; I Wayan Wesna Astara; I Nyoman Gede Sugiarta; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.16-28

Abstract

The criminal liability of doctors in telemedicine services often becomes a focal point in legal proceedings, especially when undesired outcomes occur for patients or their families. Meanwhile, inaccuracies in patient-provided information are sometimes overlooked or receive less attention. Law Number 17 of 2023 on Health serves as the legal foundation for clarifying criminal acts and the criminal liability of doctors in telemedicine services, particularly when issues arise from factors beyond their control, such as technological limitations, incomplete patient information, and the appropriateness of medical practice. This study aims to determine whether adverse outcomes from telemedicine services for patients or their families constitute criminal acts and can be held accountable under the law. The research employs legal methods with statutory and conceptual approaches. The findings reveal that patient dissatisfaction with services or doctor negligence may lead to legal issues classified as criminal acts. Actions considered criminal in telemedicine include those prohibited by law and subject to penalties under the Health Law. Criminal liability arises if a doctor’s error results in serious harm, such as adverse outcomes from diagnoses or treatments conducted without adequate physical examinations, making the doctor subject to criminal sanctions under applicable laws.
Reconstruction of Source-Based Waste Management Policy in Supporting Sustainable Tourism in Bali Yohanes I Wayan Suryadi; Ni Luh Made Mahendrawati; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.45-53

Abstract

This study examines the reconstruction of source-based waste management policies in supporting sustainable tourism in Bali which faces major problems in the aspect of policy implementation. Although there have been various regulations, the existing regulations are still declarative, not yet operational, and have not been able to integrate the legal substance, institutional structure, and legal culture of the community. On the other hand, Bali has the strength of local values such as Tri Hita Karana and mutual cooperation that have not been fully institutionalized in the formal legal system, so waste management still depends on social awareness, not binding legal obligations. This study uses a normative juridical method with a legislative, conceptual, and comparative legal approach to practice in Japan, South Korea, and Singapore. The results of the study show the need for policy reconstruction through a hybrid legal system model that integrates state law, customary law, economic instruments, education, and technology. This model emphasizes strengthening operational norms, institutional integration, and the proportional role of traditional villages and tourism industry players. Thus, waste management not only improves the quality of the environment, but also strengthens the competitiveness of Bali's sustainable and ecologically just tourism.
Construction of Gross Human Rights Settlement Arrangements in the Framework of Justice and Legal Certainty in Indonesia Ni Nyoman Putri Purnama Santhi; Anak Agung Gede Oka Wisnumurti; Ni Luh Made Mahendrawati; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.72-80

Abstract

This study examines the construction of regulatory frameworks for resolving gross human rights violations within the justice system and legal certainty in Indonesia. Despite existing legislation such as Law Number 26 of 2000 on Human Rights Courts, its implementation faces significant challenges including overlapping institutional authority, inadequate supporting legal instruments, and insufficient coordination among related agencies. The research analyzes primary legal sources including the 1945 Constitution, Law No. 26/2000 on Human Rights Courts as main national legal instruments and the few others international legal instruments, that supplemented by secondary sources from academic literature and journal articles. A deductive analytical approach is employed to test the harmony of applicable legal norms and assess whether existing regulations can realize the principles of justice and legal certainty in practice. The research highlights that addressing gross human rights violations requires not only robust criminal law enforcement, but also restorative justice approaches to ensure substantive justice for victims and comprehensive legal certainty. Therefore, regulatory and institutional reconstruction integrating national legal principles and international human rights standards is essential to enhance resolution effectiveness and provide optimal protection for victims.
State Administrative Law Reform in Realizing Good Governance and Legal Certainty in Indonesia I Ketut Ngastawa; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.81-88

Abstract

State Administrative Law (HAN) reform is a strategic agenda in realizing the principles of the state of law and good governance. Although Indonesia is constitutionally a state of law, government administration practices still often deviate from the principles of legality, accountability, and legal certainty. This study analyzes the urgency of HAN reform by highlighting the problems of regulatory fragmentation, abuse of discretion, weak supervision, and low compliance with PTUN decisions. With a normative juridical approach, it is found that HAN reform is not enough to be carried out normatively, but needs institutional restructuring, strengthening legal culture, and optimizing supervision. HAN reform needs to be directed at harmonizing regulations, limiting discretion, strengthening administrative courts, and enforcing the execution of PTUN decisions. This effort is the key to upholding the rule of law and building a professional, clean, and fair government system.

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