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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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Justice and Legality of Dudukan in the Practice of Traditional Village Autonomy in Bali Kharisma Nanda Sattwika; I Made Suwitra; I Nyoman Sujana; 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.8.1.2026.63-71

Abstract

This study examines the fairness and legality of dudukan in the practice of customary village autonomy in Bali, particularly in the context of the implementation of Bali Provincial Regulation No. 4 of 2019 concerning Customary Villages and Governor Regulation No. 34 of 2019 concerning the Management of Customary Village Finances. Dudukan, a mandatory contribution from krama adat (traditional community members) and krama tamiu (non-traditional community members) to support traditional and social activities, often causes controversy because it is associated with illegal levies. This study aims to analyse the model, regulations, and nature of dudukan within the framework of customary law and national law. The research was conducted using a sociological legal-normative approach through interviews, literature studies, and analysis of regulations and practices in the field. The results show that, according to customary law, the dudukan has a basis of legitimacy through the customary village's pararem (customary law). However, its implementation often does not meet the principles of fairness, transparency, and legal certainty stipulated in the rule of law. It was also found that there was a difference in perception between state officials and indigenous peoples regarding the legal limits of customary levies. This study recommends the need for harmonisation between customary law and positive law, strengthening the role of local government in facilitation and supervision, and applying the principle of substantive justice so that dudukan truly functions as an instrument of welfare and social harmony for the Balinese people.
Legal Regulations on Criminal Acts of Theft Using Skimming Systems in The Banking World Today I Kadek Ari Putra; Ni Luh Made Mahendrawati; I Ketut Rai Setiabudhi; 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.8.1.2026.89-96

Abstract

Indonesia is a country based on the rule of law that adheres to Pancasila and the 1945 Constitution, guaranteeing equality before the law for all citizens. However, advances in information technology, particularly in the banking sector, have given rise to serious challenges, including digital crime, particularly the theft of personal data through skimming methods. Skimming is a cybercrime and information technology crime in which a customer's ATM card data is illegally duplicated using specialised tools. Perpetrators then use this stolen data to access and drain customer funds. This banking crime is closely related to the Electronic Information and Transactions Law (EIT Law), specifically Articles 30 and 31, which regulate illegal access and interception of electronic systems. This study adopts a normative juridical method with a literature review approach, examining various legal materials. The focus of the study is on the legal regulations governing criminal skimming technology in the national banking system. The study's results show that, although the ITE Law has become the legal basis for prosecuting skimming, there remain structural weaknesses. These weaknesses stem from a lack of clarity in the definition and scope of the offence, which ultimately creates difficulties in consistently and fairly enforcing the law. The protection of customers' personal data is emphasised in ITE Law, which makes it part of the right to privacy that banks must guarantee. Skimming perpetrators can be prosecuted under the criminal provisions of ITE Law or under Articles 362 and 363 of the Criminal Code (KUHP) on theft.

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