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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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Protection of Law and Justice and Human Rights must be Enforced Even in Large-Scale Social Restrictions Youngky Fernando
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.1.4871.43-52

Abstract

Online media. TempoCOM. July 1, 2021. Restrictions on mobility in Java and Bali are getting more stringent. Online Law. July 4, 2021. The Advocate Profession Does Not Enter the Essential Sector, DetikNews. July 8, 2021. Metro Police Chief Promise. The Company Boss Brush Does Not Take Sides of Humanity. Supreme Court PR Announcement May 8, 2020. Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 5 of 2020. Regarding Guidelines for the Implementation of Work From Home and the Imposition of Disciplinary Sentences for Judges and Apparatus within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under It During the Corona Virus Disease Community Emergency Period 2019. SINDOnews. October 24, 2020. Supreme Court. PERMA Number 4 of 2020. Date September 29, 2020, regarding the Administration and Trial of Criminal Cases in Courts Electronically. In the Indonesian Criminal Justice System: 1. Investigation: investigators together with an advocate accompanying the suspect; 2. Pre-prosecution: the public prosecutor and the judge and advocate were accompanying the defendant; 3. the judge's verdict: the judge together with the advocate accompanying the defendant; 4. After the criminal verdict: the prosecutor implements the final decision, and the advocate accompanies the defendant and officials from the state detention center or correctional institution. Detention in the Indonesian Criminal Justice System: 1. Investigation for a maximum of 60 days and or 120 days if the penalty is nine years or more; 2. The pre-prosecution is a maximum of 50 days and or 110 days if the punishment is nine years or more; 3. The pre-sentence is for a maximum of 90 days or 150 days if the sentence is nine years or more. Law Enforcers in the Indonesian Criminal Justice System: 1. Advocates as legal advisors or defenders of suspects and defendants and convicts requesting the judicial review; 2. Investigators; 3. Prosecutors; 4. Judge; 5. Officials of state land houses or correctional institutions. Instruction Letter from the Minister of Home Affairs Number 15 of 2021. On July 2, 2021, regarding the Implementation of Restrictions on Emergency Community Activities for Corona Virus Disease 2019. In the Java and Bali Regions. Cannot bind law enforcers in the Indonesian criminal justice system—Fiat Justitia Ruat Coelum (the justice law must be upheld even if the sky falls).
Legal Politics of Protection and Ownership of Communal Intellectual Property: A Study of Traditional Medicine Knowledge Zainul Daulay
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5764.123-131

Abstract

The protection of cultural property can have two meanings. It depends on the perspective of whether the cultural wealth is seen as a cultural heritage or resource. In the event that cultural wealth is a cultural heritage, protection means preservation. The rsults shown that all KIK is a common heritage is based on generalizations and is a misguided conclusion rather than an accurate fact. It is recognized that many traditional communities have a strong and high ethos of sharing and giving (a strong sharing ethos). Although some KIK, knowledge of traditional medicine, for example, has been opened and disclosed, this knowledge is protected by customary law practices which view traditional knowledge as knowledge that cannot be accessed and used freely by everyone. This is in accordance with the theory of ownership where private property is in the middle between the commons and the anticommons. Therefore, the holder of the right to private property can be the state, the community collective and individuals. The legal politics of protection and ownership of communal intellectual property must reflect and rely on Pancasila as the basis of the state, constitution and sociological facts in indigenous peoples. There must be a balance between individual interests and the interests of the common or communal groups of owners of traditional knowledge. The regulation of KIK should be specifically regulated (sui generis) in a complete statutory regulation by taking into account the ideal policy of protecting the ownership of Indigenous Peoples.
Jurisdictional Consequences of Government Administration Law on the Implementation of Duties and Authorities of the Financial Audit Agency Nizam Burhanuddin; Dwi Putri Cahyawati
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5765.132-138

Abstract

In the perspective of administrative law, the existence of a state agency BPK is a manifestation of the existence of another form of power from state power, namely the power of supervision of state finances or power of inspection. In carrying out its duties and authorities to examine the management and responsibilities of state finances, BPK is often faced with problems that are closely related to the dynamics of law and legislation. Authority disputes, overlapping regulations, to technical matters related to inspection procedures are examples of some of these problems. Problems that have been and will continue to exist along with development developments that demand the birth of new legal dynamics that are increasingly complex. To the development of administrative law. Law Number 30 of 2014 concerning Government Administration which applies to all government functions contained in Ministries and Institutions has juridical consequences from this to the implementation of government administration contained in BPK, thus regarding the delegation of authority from BPK to BPK Implementers must be clearly regulated in BPK's legal products.
Indonesian Marine Resources Law Perspective of Marine Tourism Development I Dewa Gede Atmadja
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5766.103-110

Abstract

Indonesia as an archipelagic country with an archipelago perspective has the second widest beach in the world, as well as a territorial sea area (archipelago waters) including the Exclusive Economic Zone (EEZ) and the Continental Shelf with rich and potential marine resources. in fulfilling the mandate of the Constitution to realize social justice for all Indonesian people (social justice principle). After the Covid outbreak subsided, tourism activities began to increase, providing a positive impact on the national and regional economy, including in the field of marine tourism (maritime tourism), including tourism activities on the waters that take advantage of high waves, namely for surfers (surfing), underwater activities for Diving tourists to enjoy the beauty of coral reefs and ornamental fish (diving to enjoy the coral reef and the ornamental fishing), this marine tourism destination is quite a lot provided by Indonesian nature, including on the island of Bali.
Sources and Legal Principles of Islamic Inheritance* Dynamics in Indonesia Abdul Ghofur Anshori
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5767.157-165

Abstract

Islamic inheritance law is one of the important issues in Islam, and is a pillar between the pillars of law which is fundamentally reflected directly from sacred texts that have been agreed upon for its existence. The resutls show that The results of the research were brought to the formal discussion forum of the National Workshop in 1988. Subsequently, in 1991, the government of the Republic of Indonesia formalized the results of the study into an official regulation under the legal umbrella of Presidential Instruction R.I. No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI) as a result of the Workshop held on February 2 to 5, 1988, can be used by Government Agencies and by the public who need it as a guide in resolving problems in the fields of marriage, inheritance, and endowments. As a written formulation of the provisions of Islamic law in Indonesia, the Compilation of Islamic Law (KHI) is organized into several chapters and articles according to the object of the regulation. Specifically regarding Islamic inheritance, the arrangements are arranged in book II which consists of 6 chapters with 44 articles.
The Spirit of Bali Traditional Law in Development National Law in the Age of Globalization I Putu Gelgel
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5768.166-173

Abstract

The fact that we see that the development of law (legal substance, legal structure and legal culture) in our country is still running hobbled behind the dynamics of social and cultural life of society. This fact is one of the sources of the chaotic face of law in Indonesia. By looking at these conditions, the sprit of Balinese Customary Law in the development of National Law really needs to be initiated, studied, and developed. The law should be built in line with the socio-cultural structure of our own nation, but still be able to accommodate the dynamics of its socio-cultural life in this era of openness. Through that Balinese Customary Law will be able to contribute to the development of National Law.
Preparation of Investment Opportunity Map for Halal Tourism Sector (Juridical Analysis: Suraya Likupang Beach Study) Sawitri Yuli Hartati S; Tubagus Heru Dharma Wijaya
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5800.139-156

Abstract

The target and area to be achieved for the juridical analysis of the investment opportunity map for the halal tourism sector is the availability of a Juridical Analysis document for the preparation of a strategic priority investment opportunity map that is ready to be offered in the tourism sector which provides a comprehensive and detailed description (pre-feasibility study/pre-Feasibility Study) to investors and related stakeholders regarding the feasibility of an investment. Analyzing the feasibility of investment in the regional development sector, industry integrated with the region, and regional supporting infrastructure that will be encouraged and developed by the Government in the next 5 (five) years, taking into account the competitive advantages and comparative advantages of each region (province) in order to support equitable distribution economy to all competitive regions. Formulate proposed policy recommendations and special incentives to related Ministries/Institutions for the development of investment in strategic priority projects in the regional development sector, industry integrated with the region, and regional supporting infrastructure in Indonesia. Prepare spatial-based strategic priority project information (Geographical Information System) that is ready to be offered to investors and other related information/content that is integrated with the information system already available at BKPM. This document will become material that can be used by the Central Government and the relevant Regional Governments in offering investment projects that are truly ready to potential investors as a reliable reference in regional development, industry integrated with the region, and supporting infrastructure for Halal Tourism Areas.
Law Brakes to Protect Victims of Sexual Violence Against Children and Women in the Private Field I Made Wahyu Chandra Satriana; Ni Made Liana Dewi
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5828.115-122

Abstract

Various laws and regulations have been established to prevent sexual violence against children and women. Various violations in the laws and regulations have been made to minimize the occurrence of sexual violence, especially in the private sphere. This private domain is a family area where the perpetrator is a person who is still related by blood, kinship, marriage or who has an intimate relationship with the victim. This is what causes the victim does not dare to report to the authorities. One of them is the case of a 12-year-old child in Medan who became a victim of his mother's girlfriend and ended up suffering from the HIV virus. Based on this, the problem in this study is how to violate the law in protecting victims of violence against children and women in the private sphere. This study aims to find out legal breakthroughs in protecting victims of sexual violence against children and women in the private sphere. This study uses a normative juridical research method, because there is an examination of norms regarding legal protection for victims of violence against children and women in the private sphere. This research uses library law sources. The establishment of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) aims to provide protection to women. Meanwhile, legal protection for children is contained in Law Number 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. The law has not been able to prevent and track sexual violence that occurs in the private sphere. The government finally made a breakthrough to form Law No. 12 of 2022 concerning the Crime of Sexual Violence.
Implementation of Denpasar Mayor’s Regulation Number 15 of 2020 on the Return BPHTB by Badan Pendapatan Daerah due to Cancellation of Sale and Purchase Agreement Putu Ayu Sriasih Wesna; I Kadek Wahyu Fajar Sutoya; Luh Made Mahendrawati
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5862.94-102

Abstract

In the case of a land sale and purchase agreement carried out by both parties, it often creates problems when the agreement is canceled, in this case it is canceled or null and void because of the unfulfilled conditions of the validity of an agreement so that BPHTB that has been paid as a result of the agreement will be submitted for cancellation by the parties or intermediaries, in this case a notary. The research method used is empirical legal research. The analysis used is descriptive analysis, namely the data that has been collected is processed to formulate the research conclusions. Then the research data were analyzed in depth. Based on the results of the research that the legal consequence of the cancellation of the sale and purchase agreement against the BPHTB that has been paid is that it can be returned but must include a valid cancellation deed from a notary, this is used to be taken into consideration as the basis for returning the BPHTB that has been paid Then the BPHTB that has been paid will be returned. Then the basis for considering the return of BPHTB by the Denpasar City Regional Revenue Agency against the cancellation of the land sale and purchase agreement is the completeness of the documents attached to the application in accordance with the Mayor of Denpasar City No. 13 of 2020 as strong evidence that the agreement is legally accompanied by the reasons that have been in the cancellation of the sale and purchase agreement.
Involvement of Traditional Villages in Combating the Covid 19 Pandemic in Bangli I Gusti Bagus Suryawan; NM Jaya Senastri; I Wayan Arthanaya; A.A. Ayu Wulan Pramesti; Klaustra Adhi Permana
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.2.2.5878.111-114

Abstract

The purpose of this study was to analyze the justification for the involvement of Traditional Villages in the implementation of the prevention and control of the Covid 19 Pandemic in Yang Api Village and Peninjoan Village. The Bali Provincial Government synergizes activities to prevent the transmission of the Corona Virus (Covid-19) by involving Indigenous Villages in Bali. The implementation of policies such as PPKM in traditional villages cannot be carried out alone by the government but requires cooperation with various parties, including the community, health workers and security officers. In general, Babinkamtibmas are security officers in the village. However, in Bali, every traditional village has a pecalang as a traditional security officer based on traditional local wisdom. The local government through the Decree on the formation of the Customary Village-based Mutual Assistance Task Force has provided space for indigenous village communities to independently handle the Covid-19 pandemic faced by the Fire and Peninjoan Traditional Villages. With the provision of this space, the Covid-19 Gotong Royong Task Force can handle the ongoing pandemic on its own, starting from education, socialization, prevention and even handling. In addition, traditional villages also receive support from the Village Service so that they can coordinate with each other. The maintenance of conduciveness in the village is carried out well, with the synergy of traditional villages with official villages in handling Covid-19. The involvement of elements of the Traditional Village (pecalang) in a pandemic emergency situation is indeed possible and does not become a serious problem because what is put forward is the principle of benefit for humanity. Meanwhile, the success rate of involving traditional pecalang in Yang Api and Peninjoan Villages has worked well, although in August there was a surge in people infected with Covid 19, but it was more due to the many traditional events in the village, and not because of the negligence of the Covid task force in synergizing its main functions. The positive performance of the involvement of traditional villages in pandemic prevention needs to be continued in the future for activities that benefit the indigenous village community.

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