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Journal Evidence Of Law
Published by CV. Era Digital Nusantara
ISSN : 28303350     EISSN : 28285301     DOI : 10.59066/jel
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Journal Evidence Of Law merupakan jurnal yang diterbitkan oleh CV. Era Digital Nusantara, terbit secara berkala 3 kali dalam 1 tahun sejak tahun 2022 pada bulan Januari, Mei dan Septemeber dengan ISSN Print: 2830-3350 , ISSN Online:2828-5301 berbahasa Indonesia dan berbahasa Inggris. Journal Evidence Of Law menerima naskah tulisan baik hasil pemikiran normatif maupun hasil penelitian empiris, dengan cakupan dibidang hukum pidana, hukum perdata, hukum tata negara/hukum administrasi negara, hukum internasional, hukum Islam, hukum lingkungan, hukum pemerintahan daerah dan Hukum Pemerintahan Desa maupun hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 277 Documents
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The Influence Of Legal Profession Interest On Teens Through Netflix Viewing In Indonesia Putri Sonya, Assyfa; Suherman, Suherman; White , Alan Robert
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.959

Abstract

This study aims to determine the extent of the influence of using the Netflix application on the interest levels of teenagers in Indonesia with regard to working in the field of law. Given the development of science, technology, and information due to globalization that cannot be stopped in the world, including in Indonesia, it has resulted in anyone being able to easily access various things via the Internet, including just for entertainment. It is not surprising that currently teenagers in Indonesia access a lot of watch-on-demand applications, especially Netflix. The many choices of films that can be easily accessed by teenagers make them fond of watching Netflix to find entertainment, including films that have legal themes/elements or are related to the world of law. Considering that adolescence is a time of searching for identity or self-identity, which makes teenagers vulnerable to interference or influence, whether in the form of ideas, feelings, behavior, intellectual capacity, or new dreams to be achieved. Therefore, at this age/phase of adolescence, teenagers generally begin to determine the direction and attitude related to their profession in the future. Of course, teenagers in determining their professional interests are influenced by various factors, one of which is the influence of shows accessed by teenagers on Netflix.
Building a Framework for Sports Dispute Settlement: Legal Mechanism and Alternative Approaches in Indonesia Silvana, Nina; Surono, Agus; Hamid , Adnan
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.969

Abstract

This study examines Indonesia’s sports dispute resolution landscape as well as the potential for building a comprehensive sports dispute settlement framework in Indonesia, analyzing current regulatory practices, arbitration processes, and alternative dispute resolution (ADR) mechanisms in the context of sports activities in Indonesia. This research will use doctrinal legal research methods and employs secondary data. Those data especially in the form of several legal materials, such as primary legal materials like acts or regulations as well as secondary legal materials like some studies conducted by several researchers previously. Data analyze will be undertaken qualitatively. By analyzing these issues, the paper outlines the necessary adjustments to Indonesia’s regulatory structure and the potential benefits of a dedicated sports dispute resolution body. It is important to harmonize arbitration processes with international standards to foster credibility especially after Indonesia has unified several arbitration institutions become only one institution, namely BAKI
Counter-Terrorism Policy in the ASEAN Region: Comparative Study of Malaysia and Indonesia Ismed, Mohamad; Basuki , Basuki; Sinaulan, Ramlani Lina; Akkapin, Suphaporn
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.970

Abstract

This research aims to enrich the academic literature on counter-terrorism policies in the ASEAN region, focusing on a comparison between Malaysia and Indonesia. A qualitative method with a comparative study design is used to analyze the counter-terrorism policies of both countries to understand the differences, similarities, implementation, and effectiveness of the strategies applied. The results show that counter-terrorism policies in Malaysia and Indonesia reflect a strong commitment through comprehensive institutional structures, strict regulations, and diverse strategy implementations. In Indonesia, the policy tends to be repressive, influenced by domestic political dynamics and international pressures post the 2002 Bali Bombing. Malaysia adopts a more structured approach considering geographical and socio-political factors and utilizes strict legal frameworks like the Internal Security Act (ISA). Political factors are significant in policy formation in both countries, with Malaysia maintaining national stability through strong counter-terrorism policies. Social factors such as radicalization and extremism are also important, with Indonesia facing challenges from groups like Jamaah Islamiyah (JI) while Malaysia uses community-based approaches in its deradicalization programs. Comprehensive and coordinated strategies, increased inter-agency coordination, international cooperation, and integration of the private sector and media are needed to address the challenges.
Challenges For Capital Market Investors Post Effectiveness UU No.4 Of 2023 Concernng Development and Strengthening The Financial Sector In Indonesia Wulan Wuryandari, Rr. Utji Sri; Surono, Agus; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.971

Abstract

The aims of this study are: firstly, to examine the legal protection of capital market investors after the enactment of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector; and secondly, to examine the implementation of Article 49 paragraph (5) of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector which regulates the authority of the Financial Services Authority (OJK) as the sole investigator in the financial services sector, especially in the capital market field. This study uses normative research methods and a qualitative analysis approach. This study concludes that legal protection for capital market investors cannot fully follow what is regulated and mandated by law in the financial sector. This is hampered by the rejection of judicial review regarding laws in the financial sector. The next conclusion is that Article 49 paragraphs (1) and (5) which regulate the authority of the OJK as the sole investigator in the financial services sector cannot yet be implemented due to Constitutional Court Decision No. 59/PUU-XXI/2023. The Constitutional Court's decision granted the lawsuit so that the investigative authority for criminal acts in the financial services sector continues to involve the Police in addition to the OJK. Because Article 49 of Law No. 4 of 2023 cannot be applied to OJK's authority, so the implementation of its authority continues to follow Law No. 21 of 2011 concerning the Financial Services Authority. Furthermore, this study is aimed at realizing a more comprehensive arrangement in the financial sector, especially in the capital markets sector
The Sustainability Business of Indonesian Commercial Banks as Measured by Regulatory Compliance Puspitasari, Elen; Sudiyatno, Bambang; Masdjojo, Gregorius N; Andraini, Fitika; Nurhayat , Ida; Darodjat , Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.974

Abstract

This research aimed to examine the relationship between the sustainability of bank business measured by bank performance and compliance with banking regulations. Bank compliance related to capital requirements, liquidity, and asset quality. This research uses quantitative methods to analyze the effect of compliance with banking regulations on bank performance. The research sample is a conventional private bank operating on the Indonesian Stock Exchange. The research period 2017 – 2021(before and during COVID-19) with 25 banks that met the requirements was taken as the research sample. Data analysis uses Panel Estimation Corrected Standard Errors. The outcome demonstrates that strengthening bank performance is positively impacted by capital requirements compliance, especially return on assets, but has no effect on return on equity. Compliance with liquidity and asset quality does not affect bank performance. Another finding is that inflation functions as a control variable for bank performance, while bank size does not. Ultimately, these findings show that a bank must comply with capital adequacy requirements because it has been proven to improve its sustainability business.
Consumer Protection against Upselling Practices in Food Product Marketing Strategies Ulya, Selma Lailatul; Latumahina, Rosalinda Elsina
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.978

Abstract

In the marketing industry, sales strategies are essential to increase the number of product sales. Business actors use various sales strategies to ensure that their goods sell quickly in the market and in demand, making customers tempted. The transaction process that occurs in the relationship between business actors and consumers continues to develop, which has an impact on changes in the legal construction that occurs in the relationship between business actors and consumers. The practice of upselling, which is often used by business actors in the food industry, can potentially harm consumers if it lacks transparency and clear consent. Therefore, efforts to provide protection to consumers are important in this era of free trade. This study aims to assess the extent to which upselling practices comply with existing regulations, as well as provide recommendations to regulators and stakeholders regarding consumer protection and the development of stricter regulations or ethical guidelines. The research method used is normative and legal, using secondary data sources and based on primary law. The findings show that although upselling is allowed, business actors must provide accurate information to consumers. This research concludes that there is a need for stricter law enforcement and increased awareness of businesses and consumers about their rights and obligations to prevent harmful practices.
Perlindungan Hukum Peserta Event Lari Dalam Program Jaminan Kecelakaan Kerja Hermawati, Galuh Dwi; Rosando, Abraham Ferry
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.996

Abstract

As living beings, survival is a basic human instinct. An effective approach to achieving this goal is by prioritizing physical well-being. Engaging in regular exercise is among the most reliable methods to preserve overall health and enhance physical fitness. Among the various types of sports, running is the most popular physical activity. Some factors that make running popular are because it is economical and can be done anywhere. There are many reasons why people choose to run, from maintaining physical health, as a recreational activity, to as a permanent profession that is generally done by athletes. The type of running that is most in demand by the public is long-distance running. Legal protection for participants in running events in the Work Accident Insurance program is an important effort to provide safety and security for participants who take part in sports activities. The Work Accident Insurance program managed by Social Security Administering Body for Employment, especially for Non-Wage Recipient participants, offers safeguards against the possibility of accidents that might happen during the activity. This research seeks to examine the effectiveness of legal protections provided by the program in ensuring the safety of participants during running events, specifically in mitigating risks of injuries or accidents.
Hak Waris pada Orang dengan Orientasi Gender Biner Ahdah, Ina Tasya Aunil; Ahmad, Muh. Jufri
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1006

Abstract

Certain individuals experience gender identities that do not align strictly with being male or female. These individuals may identify as a blend of both male and female, as different genders at varying times, as having no gender at all, or as questioning the traditional binary understanding of gender. Terms commonly used to describe these identities include "genderqueer" and "non-binary." Such identities, which fall outside the conventional female-male framework, are gaining recognition in legal, medical, and psychological systems, largely due to the growing visibility and advocacy of this population. Population-based studies suggest that while the percentage of non-binary individuals is relatively small, the absolute number is significant. Despite their historical and global existence, non-binary genders remain marginalized. Consequently, individuals with these identities often face heightened risks of victimization, minority stress, and discrimination, although their identities are not inherently pathological or disordered. This paper examines the limited body of literature on this subject and explores how mental health professionals can better support clients with queer or non-binary gender identities and expressions. It discusses potential treatment approaches, along with their associated risks, to provide more informed and inclusive care.
Perspektif Hukum Perdata Indonesia dan Hukum Kanonik terhadap Perceraian dalam Komunitas Katolik Larantukan, Rafael Suban; Latumahina, Rosalinda Elsina
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1011

Abstract

The objective of this study is to analyze the legal validity of divorce within the Indonesian Civil Law system and Canon Law of the Catholic Church, as well as to identify its legal implications for Catholics in Indonesia. Under Indonesian Civil Law, divorce is considered valid based on specific grounds such as adultery, domestic violence, and continuous disharmony. In contrast, Canon Law of the Catholic Church views marriage as a perpetual sacrament that cannot be dissolved except through an annulment, which requires specific conditions. This study employs a normative juridical approach using legal analysis through literature reviews and relevant legislation. The findings reveal that the conflict between civil law and canon law significantly impacts the social, moral, and spiritual aspects of Catholics. Divorce under civil law is often not recognized by the Church, leading to divorced individuals being considered still bound by the sacrament of marriage. This situation creates social stigma and alienation from the church community, as well as limits their access to certain sacraments.
Management and Exploitation Of Mineral and Coal Mining In Indonesia: An Analysis Of the Perspective Of Article 33 Paragraph (3) of The 1945 Constitution Republic Of Indonesia Widiarti, Wulan; Hasibu, Fauzie Yusuf; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1055

Abstract

Abstract This study analyses the implementation of mineral and coal mining management policies in Indonesia in the context of Article 33 paragraph (3) of the 1945 Constitution, which emphasises that natural resources must be used to the greatest extent for the prosperity of the people. The change from the Contract of Work regime to the Mining Business Permit (IUP) aims to strengthen state control, but still faces challenges in the form of overlapping licences, weak supervision, and social conflicts with indigenous peoples. Using the approaches of welfare state theory, middle ground theory, and development law theory, this study shows that an active role for the government is needed to ensure equitable benefit distribution and sustainable resource management. The middle ground approach highlights the need for strict oversight of foreign investment, while development law emphasises the importance of law as an instrument to support social welfare and environmental protection. This research recommends strengthening oversight, renegotiating contracts and involving local communities in mining policy to realise more equitable, sustainable and inclusive natural resource management.

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