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Principles of Justice and Legal Certainty by election organizers Regarding Conditions for Nominating Regional Heads Djaguna, DJulham; Alwan, Sultan; Rosyidi, Irham
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9372.44-51

This study aimed to understand the considerations of the judges of the Honorary Council for Election Organizers (DKPP) in handling cases of violations of law and ethics by regional head election organizers, as reflected in the 161-PKE-DKPP/XI/2020 decision. This study adopted a normative or doctrinal legal research method, utilizing primary, secondary, and tertiary legal materials. Analysis was conducted through a theoretical descriptive approach to the problem faced. The results showed that the DKPP judges criticized the South Halmahera KPU for its lack of professionalism in examining the nomination requirements, stating that the KPU should not only understand the nomination PKPU and Juknis textually, but also substantively. The DKPP judge's decision showed high professionalism, prudence, and wisdom, with deep consideration based on existing norms. However, in terms of rejecting the fulfillment of the nomination requirements, the South Halmahera KPU also had applied the principle of legal certainty which is considered the appropriate legal norm in the context of the South Halmahera district head election.

LEGAL CONSEQUENCES OF BANKRUPTCY DECISIONS AGAINST PT. ASURANSI JIWA KRESNA (STUDY OF THE SUPREME COURT DECISION NUMBER: 647 K/PDT.SUS-BANKRUPTCY/2021) Alum Simbolon; Cindy Leowardy
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9440.34-43

Abstract. The purpose of this thesis research conducted by researchers with the title Legal Consequences of Bankruptcy Decisions Against PT Asuransi Jiwa Kresna (Study of Supreme Court Decision Number 647 K/Pdt.Sus-Bankruptcy/2021) is aimed at knowing and understanding the legal consequences of a bankruptcy decision against an insurance company that has an impact on customers and on the company itself. The research result of this thesis research is that the bankruptcy experienced by PT Asuransi Jiwa Kresna will further complicate the position of customers to receive their benefits because in bankruptcy, the company has no authority over its assets and the authority to manage these assets will be transferred to the curator. Generally, curators need a long time to be able to liquidate bankruptcy assets. In addition, after liquidation, the liquidation proceeds will be reduced by several costs such as curator fees and taxes. Therefore, the percentage of customer's income will be less. As a form of responsibility, debtors can submit a Financial Restructuring Plan (RPK) to OJK as a step to fulfill their obligations.

LEGAL PROTECTION OF FAMOUS BRANDS BASED ON LAW NUMBER 20 OF 2016 CONCERNING BRANDS AND GEOGRAPHICAL INDICATIONS Donny Agus Prakoso; Jeane neltje sally
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9446.52-62

Brand protection (including well-known brands) in Indonesia is regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications replacing the previous regulation, namely Law Number 15 of 2001 concerning Marks. Even though there are already regulations in place, brand disputes in Indonesia still often occur, especially similarities in essence. The title adopted by the author in writing this thesis is "Legal Protection of Famous Brands Based on Law Number 20 of 2016 concerning Famous Brands and Geographical Indications." The research method used in this research is a normative legal research method. The purpose of this research is to find out or answer the questions: 1) Does Law Number 20 of 2016 concerning Famous Marks and Geographical Indications provide a guarantee of protection for famous brands in Indonesia? 2) Has Law Number 20 of 2016 concerning Famous Marks and Geographical Indications been truly implemented so that it can guarantee optimal protection of ownership of famous brands in Indonesia? Based on the analysis of the research results, the author concludes that Law Number 20 of 2016 concerning Brands and Geographical Indications has guaranteed protection for well-known brands in Indonesia. This protection is specifically contained in Article 21 paragraph (1) letters b and c, and Article 83 paragraph (2). Then it is clarified in the Explanation of Article 21 paragraph (1) letter b, Explanation of Article 76 paragraph (2), and Explanation of Article 83 paragraph (2). The next conclusion is that Law Number 20 of 2016 concerning Trademarks and Geographical Indications has not been implemented optimally so that it cannot guarantee satisfactory protection of ownership of well-known brands in Indonesia. The Panel of Judges at both the District Court and Supreme Court levels did not implement the mandate of Law Number 20 of 2016

PRUDENTIAL BANKING PRINCIPLES CONCEPTION IN BANK PICK UP SERVICE CASH SERVICE AGREEMENT IN AN EFFORT TO PROTECT CUSTOMERS BASED ON LEGAL CERTAINTY I Made Aditya Mantara Putra; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9449.63-75

In the modern world, the role of banking in the economic progress of a country is very large. Almost all sectors related to various financial activities must always require bank services. One of the services offered by the bank is the cash pick up service. In practice, this cash pick up service not only provides convenience to customers, but can be used by certain individuals to commit crimes. This study aims to find solutions and solutions to the vagueness of norms in Article 20A of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector Jo. Law Number 10 of 1998 concerning Banking as well as seeking legal certainty and providing comprehensive protection for the parties involved. The formulation of the problems raised are: 1. What is the philosophical basis for regulating customer transactions in cash pick up service by banks in positive law in Indonesia?; 2. What is the concept of customer protection in transactions through cash pick up service based on the bank's prudential principle as a manifestation of legal certainty?; 3. What is the pickup service cash agreement model that accommodates the bank's prudential principles in an effort to reduce risk and provide protection for parties based on legal certainty in the future? The research method used is normative legal research with the type of statutory approach, conceptual approach, case approach and philosophical approach. The results showed that the philosophical basis for regulating customer transactions in cash pick up service by banks is based on trust, bank prudential principles, and legal certainty. The concept of protection for customers in transactions through cash pick up service reflects the concepts of bank prudence, fairness, transparency, privacy, complaint resolution, trust and legal certainty. A cash pick up service agreement model that accommodates the bank's prudential principles in an effort to reduce risk through the formulation of clauses containing the principles of prudence, risk management, force majeure, legal certainty, cash service specifications, operational provisions, responsibilities, dispute resolution, cash ownership, confidentiality, duration, and closing.

MANAGEMENT OF BAGA UTSAHA PADRUWEN OF TRADITIONAL VILLAGE (BUPDA) IN ECONOMIC EMPOWERMENT OF TRADITIONAL LAW COMMUNITIES IN BALI I Wayan Suarjana; I Made Suwitra; I Nyoman Sujana
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9451.76--84

Traditional Villages in Bali have the task of realizing Traditional Village customs which include tranquility, prosperity, happiness, and peace in life and the future. Bali Province Regional Regulation No. 4 of 2019 in conjunction with Bali Province Regional Regulation No. 4 of 2022 is one answer and solution to this task. It contains the ideology and basic framework for the governance of Traditional Villages in Bali and the economic system of Traditional Villages in Bali. It is also a basic strategy for strengthening the existence and role of Traditional Villages. Based on these conditions, the legal issues raised in this research are to analyze (1) the nature of Traditional Village-Owned Enterprise (referred to as BUPDA) management arrangements in Bali Province; (2) the effectiveness of Bali Province Regional Regulation No. 4 of 2019 in conjunction with Bali Province Regional Regulation No. 4 of 2022 in regulating the management of BUPDA in Bali Province; and (3) a BUPDA management model that can improve the welfare and economic independence of traditional law communities in Bali. The research method used is an empirical legal research method. The results of the research show that (1) The nature of BUPDA plays a role in preserving the continuity, preservation of customs, traditions, arts and culture, and local wisdom in Bali and can improve the welfare and independence of Traditional Villages in Bali; (2) The effectiveness of Bali Province Regional Regulation No. 4 of 2019 in conjunction with Bali Province Regional Regulation No. 4 of 2022 or the small number of BUPDA formations in Traditional Villages is also caused by not all factors such as law enforcement, legal quality, and the suitability of regional regulations to local needs and conditions in each district/city which can influence the effectiveness of implementing regional regulations regarding BUPDA; and (3) The BUPDA management model in Bali by integrating the components of cultural capital, economic capital, social capital, religious capital, and technology/IT capital as a hybrid institutional model. BUPDA governance needs to pay attention to cultural, social, religious, and technological aspects in developing the economy of Traditional Villages sustainably based on local potential and wisdom.

LEGAL PROTECTION FOR OUTSOURCED WORKERS IN WAGES IN COMPANIES IN INDONESIA Kadek Apriliani; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih; I Wayan Gde Wiryawan
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9452.24-33

Regarding the wage system for outsourced workers in companies in Indonesia, it has not been clearly regulated in Indonesian laws and regulations (Empty Norms), meaning that there is no law that specifically regulates wages for outsourced workers, so there is a need for legal protection for wages of outsourced workers. Based on these problems, the legal issues raised in this research are to analyze (1) the philosophical basis for regulating wages for outsourced workers, (2) the form of legal protection for the wages of outsourced workers in companies in Indonesia, (3) the legal construction of the wage model for outsourced workers. power in companies in Indonesia. The research method used is the normative legal research method. The results of the research show that (1) the philosophical basis for regulating wages for outsourced workers is to show that the state must protect every citizen for the sake of realizing general welfare as stated in paragraph 4 of the preamble to the 1945 Constitution of the Republic of Indonesia. (2) the form of legal protection for the wages of outsourced workers Companies in Indonesia must comply with the rights and obligations of workers, where it is clear that the laws and regulations regulate workers' wages in accordance with the Provincial Minimum Wage (referred to as UMP) The form of protection that can be given to transferred workers if there is a dispute between the worker and the outsourcing company is preventive legal protection and representative legal protection, both non-litigation and litigation. (3) the legal construction of the wage model for outsourced workers in companies in Indonesia aims to provide legal protection for outsourced workers and to resolve empty norms in Law of the Republic of Indonesia Number 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law. The empty norms occur because Article 88 which regulates wages does not clearly regulate the wages of outsourced workers.

RECONSTRUCTION OF BPHTB PAYMENT ARRANGEMENTS IN THE PROCESS OF BUYING AND BUYING RIGHTS TO LAND AND/OR BUILDINGS LINKED TO THE AUTHENTICITY OF PPAT DEEDS R.A. Nanik Priatini; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih; I Nyoman Alit Puspadma
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9454.85-94

The problem that arises in this research is related to when Acquisition Duty of Right on Land and Building (BPHTB) payments occur and is related to the validity of the sale and purchase deed made by Lande Deed Officials (PPAT), which in this case is a problem, namely that there is a conflict of norms between Article 90 and Article 91 paragraph (1) of Regional Taxes and Regional Levies () Law. Based on these conditions, the legal issues raised are to examine and analyze (1) the philosophical basis of BPHTB in the process of buying and selling rights to land and/or buildings; (2) legal norms governing BPHTB payments in the process of buying and selling rights to land and/or buildings; and (3) reconstruction of BPHTB payment arrangements in the process of buying and selling rights to land and/or buildings legally. The research method used is the normative legal research method. The results of the research show that (1) The philosophical basis of BPHTB in the process of buying and selling rights to land and/or buildings is Pancasila and the 1945 Constitution of the Republic of Indonesia. The further philosophical basis is explicitly according to the General Explanation of the PDRD Law intended to encourage regional revenues and increase the effectiveness of BPHTB payments. Therefore, buyers of land rights are required to pay BPHTB first before a sale and purchase deed is drawn up by PPAT; (2) The legal norms governing BPHTB payments in the process of transferring rights to land and/or buildings through buying and selling are contained in Article 90 paragraph (1) letter a of the PDRD Law which conflicts with the norms of Article 91 paragraph (1) of the PDRD Law. The norm in Article 90 paragraph (1) letter a of the PDRD Law determines when the tax payable will be due to buyers of land rights. Meanwhile, Article 91 paragraph (1) of the PDRD Law requires buyers to pay BPHTB tax first before signing the sale and purchase deed before the PPAT. This is intended so that buyers comply with their obligations to pay BPHTB tax and to degrade the PPAT deed if it is signed before paying BPHTB tax, and (3) Reconstruction of BPHTB payment arrangements in the process of buying and selling rights to land and/or buildings legally can be carried out by amending the provisions of Article 91 paragraph (1) of the PDRD Law which allows buyers to have a sale and purchase deed made by PPAT, but PPAT is obliged to ensure that the buyer obediently pay BPHTB taxes. Novelty from the research is the reconstruction of Article 91 of the PDRD Law so that it is in accordance with Article 90 of the PDRD Law.

CONSTRUCTION OF THE EXECUTION ARRANGEMENTS OF LABOR RELATIONS COURT DECISIONS ON TERMINATION OF EMPLOYMENT RELATIONS IN THE TOURISM ACCOMMODATION FIELD BASED ON LEGAL PROTECTION Ryan Soma; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9455.95-107

This means that there is no law, including the PPHI Law, which specifically regulates the execution of Labor Relations Dispute decisions. As a result, workers affected by layoffs are not guaranteed legal protection with regard to the application of Labor Relations Dispute Decisions (also known as PHI Decisions) in layoff disputes. Instead, it is currently unregulated (empty norms). Based on these conditions, the legal issues raised in this research are to analyze (1) the nature of the execution of PHI decisions in layoffs at Tourism Accommodation Companies; (2) The usefulness and legal certainty of executing PHI decisions for workers at Tourism Accommodation Companies; and (3) construction of arrangements for the execution of PHI decisions to offer defense against layoffs at lodging and tourism businesses. Normative legal research is the methodology employed in this study. The research findings indicate that (1) Ensuring the protection of workers' fundamental rights, as well as equal treatment and opportunity without discrimination based on any basis, is crucial to carrying out PHI decisions related to layoffs at tourism accommodation companies. This is done while keeping an eye on advancements and ensuring the welfare of workers and their families. the business world, especially the tourism accommodation business; (2) The usefulness and legal certainty of the execution of PHI decisions for workers at Tourism Accommodation Companies which have permanent legal force must be able to provide benefits for workers who have been laid off so that the decision does not cause unrest and chaos in the lives of people seeking justice, especially groups of workers who were laid-off. The execution of PHI decisions does not yet have legal certainty because the company as the defeated party generally does not carry out the contents of the decision voluntarily. Apart from that, the execution norms have not yet been regulated; and (3) Construction of arrangements for the execution of PHI decisions to provide legal protection in the layoff process at Tourism Accommodation Companies is carried out in accordance with Article 57 of the PPHI Law to complete the empty norms in the PPHI Law. The empty norms are due to Article 57 of the PPHI Law which refers to the absence of civil procedural law, especially regarding the execution of PHI decisions.

Crime in Culture: Analysis of the Sarong War in the Holy Month from a Criminal Law Perspective Isnawan, Fuadi
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9456.9-23

The phenomenon of crimes committed by teenagers is growing day by day. These crimes can be led by various factors which make them vent their emotions to other people or groups. One of the phenomena that occurred in the holy month of Ramadan is the phenomenon of sarong wars, which used to be a tradition that has now turned into something motivated by emotions because of mutual challenges on social media victimized by teenagers. This phenomenon is a surprising thing because in the holy month where they should worship a lot, they instead commit various kinds of crimes, namely the sarong war. This research focuses on how the responsibility of teenagers involved in the sarong war is what efforts are made by the police to prevent the phenomenon of the sarong war. This research is conducted in a normative juridical method that will examine the research topic which will be processed by using various kinds of relevant reference sources to obtain a deep understanding of the topics and problems studied in this study. One result obtained from this research is that adolescents have the ability to be responsible in the criminal act because they do not have psychiatric disorders that have been included in the law. So that those involved can be subject to strict sanctions. Efforts made by the police are to conduct patrols to prevent the sarong war, which is physical and cyber.

The Analysis of the Demographic Bonus Law on Improving Company Employment Relations Endeh Suhartini; balvas Imantaka; Nur Fitri Melnia; Putri Romadonna; Cayla; Haikal Ikram Arya Ranggana
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9462.1-8

Every country has a different population. Residents are all people who live in the territory of a country for six months or more and stay temporarily or permanently for different purposes. Population is very important to support the activities of a country, including to improve the performance of the area where the population lives. The existence of the population is also very important in carrying out a company's performance activities, especially in the implementation of labor relations... At the time of the Demographic Bonus, the age of the productive population dominates compared to the age of the unproductive population. The Demographic Bonus, also known as the "demographic dividend," refers to a period of economic growth that can occur when a country's working-age population (15-64 years old) is larger than the dependent population (children and the elderly). This demographic structure creates a window of opportunity for accelerated economic development because there are fewer dependents to support, allowing for greater investment in education, healthcare, and infrastructure.This research aims to analyze and examine Indonesia's readiness to face the demographic bonus as well as Indonesia's strategy to become a developed country through the momentum of the Demographic Bonus. Based on current data and conditions, Indonesia still needs to prepare everything including strategies that support its progress and avoid everything that brings Indonesia closer to its decline, especially during the Demographic Bonus momentum.

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Bali

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email journalequityoflawandgovernanc@gmail.com

Phone +6281237083338

Journal Mail Official journalequityoflawandgovernanc@gmail.com

Editorial Address Universitas Warmadewa, Denpasar, Bali Jl. Terompong 24 Tanjung Bungkak Denpasar Bali, Indonesia

Location Kota denpasar, Bali INDONESIA

Abstract

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Contact Name
-

Contact Email
journalequityoflawandgovernanc@gmail.com

Phone
+6281237083338

Journal Mail Official
journalequityoflawandgovernanc@gmail.com

Editorial Address
Universitas Warmadewa, Denpasar, Bali Jl. Terompong 24 Tanjung Bungkak Denpasar Bali, Indonesia

Location
Kota denpasar,

Bali

INDONESIA