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Equalegum International Law Journal
Published by Syntific Publisher
ISSN : -     EISSN : 29860873     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
EQUALEGUM International Law Journal uses open access policy and EQUALEGUM International Law Journal is a peer-reviewed journal with the scope of law sciences, such as law, economic law, business law, trading law, and development of law. The list of article types and their respective formats are Original Article, Community Service Article, Literature Review, Systematic Review, Case Series, Commentary, and Letters to Editors. The aim of the journal is to communicate articles from research and community service cooperated with professional law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Volume 2, Issue 1, 2024" : 5 Documents clear
HOME PURCHASE AND SALE AGREEMENT BEFORE A NOTARY FOLLOWED BY AN ACKNOWLEDGMENT OF DEBT Abu, Achmad Nur; Subekti, Subekti; Djaja, Dudik
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.55

Abstract

Background. A notary is a public official authorized to make deeds regarding actions, agreements, and decisions required by general legislation, or to express the wishes of parties involved. This research aims (a) to determine and analyze the authority of notaries in making PPJB for houses followed by debt recognition. (b) to analyze the validity of the PPBJ made by a notary for the purposes of debt recognition. Research Method. The type of research used is normative juridical, using a statutory approach. This research uses three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The process of analyzing legal materials in this research uses the interpretation method. Findings. The results of the research show that (a) The notary executes the original deed, considering all required deeds, agreements, and provisions. They have the right to keep a certificate. If contested, the Department of Security has a regulatory role regarding the sale and purchase contract. (b) PPJB is a debt recognition form made in an authentic deed, which should be disclosed to the public for completeness. However, the deed's validity may be canceled due to legal cover-up, potentially resulting in a default case, depending on the judge's decision. Conclusion. Notaries must act honestly and impartially to make authentic deeds, providing counseling before executing the Sales and Purchase Agreement (PPJB) for debt recognition purposes, as the deed's validity may be canceled if it doesn't comply with the law.
LEGAL PROTECTION OF FIDUCIARY HOLDERS BASED ON CONSTITUTIONAL COURT RULING NUMBER. 18/PUU-XVII/2019 Putra, Januanwar Reza Yudhitya; Subekti, Subekti; Prawesthi, Wahyu; Widodo, Ernu
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.58

Abstract

Background. Legal certainty is significantly enhanced by fiduciary guarantees as a result, the research aimed (a) to develop knowledge of business law, especially banking law, especially regarding credit with Fiduciary Guarantees, (b) to contribute parties related to activities that often use contracts with fiduciary guarantees such as banking and society Research Method. The type of research used is a normative juridical approach to answer existing research problems, using legal principles, statutory regulatory materials, and theoretical frameworks. The analysis of library materials and secondary data to gain a comprehensive understanding of the subject matter. Findings. The results showed (a) the procedure of carrying out an object of fiduciary guarantee requires submitting an execution request to the District Court. This court functions as an intermediary, granting permission for execution to aggrieved creditors. If the agreement itself has the power of execution, then the fiduciary guarantee can be executed immediately (b) The recent Constitutional Court decision Number 18/PUU-XVII/2019, states that every person has the right to recognition, guarantees, protection, fair legal certainty and equal treatment before the law. This law functions to enforce human rights contained in the 1945 Constitution, guaranteeing justice and protection all society. Conclusion. Constitutional Court decision No. 18/PUU-XVII/2019 raises various problems that are not in line with the provisions of Law No. 42 of 1999 concerning Fiduciary Guarantee. Following this decision, banks as creditors no longer carry out executions unilaterally. If the debtor is in default and has created injustice and ambiguity for creditors by eliminating the authority.
ANALYSIS OF IMPLEMENTATION OF DIVERSION AND RESTORATIVE JUSTICE AS A FORM OF PROTECTION OF CHILDREN'S RIGHTS IN CONFLICT WITH THE LAW Malagano, Tahura; Dainty, Andrew R.J.
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.60

Abstract

Background. Restorative justice involves all parties involved in a crime working together to find solutions, focusing on children and the community, with the ultimate goal of creating restorative justice. The use of restorative justice and diversion as a means of defending the rights of minors in legal trouble, as well as the nature of the issue and its impediment, are major concerns in the study's purpose. Research Method. The normative approach and empirical jurisdiction are the methodological approaches employed in this work. The information used in this study was gathered from both field and library sources. Findings. The community of research conducted by the Correctional Center that the rights of children in conflict with the law are less protected at lower levels, ranging from examination of the investigation up to the trial, and the application of diversion and restorative justice as a form of protection of those rights. The application of law enforcement efforts to justice restorative running optimally is a solution to these constraints. One impeding factor is the lack of a common application of the law as the foundation and guide for all law enforcement agencies, as well as the inconsistent application of regulations in the field in the handling of children in conflict with the law. Conclusion. The initiative aims to promote restorative justice in legal cases involving children, transforming law enforcement's perspective from retributive and restitutive justice to a more equitable approach.
APPLICATION OF THE RIGHT TO EDUCATION IN CHILDREN'S CORRECTIONAL INSTITUTIONS TO PRISONERS Manuputty, Alma; Tudor, Megan E.
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.61

Abstract

Background. Development of correctional students in juvenile correctional institutions consistent with the Minister of Justice's Decree No. M.02-PK.04.10 of 1990 Governing Patterns of Development for Prisoners/Detainees, the training pattern for inmates serves as a guide. The purpose of this study was to examine the legislation about the dismissal of inmates and the implementation of the right to education for them, as outlined in Law Number 12 of 1995 about Corrections. Research Method. The research method used a normative juridical approach. This research analyzed systematically, methodologically, and consistently in the future. Through this research process, research was carried out analysis and construction of data were collected and processed. Findings. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System states that for children, the threat of criminal punishment for offenses is halved; that is, an offense carrying an eight-year prison sentence will only be threatened with four years in prison, and they will be placed under detention conditions (threat of five years or more). Out of all the rights mentioned above, the right to instruction and education is the one that has the strongest connection to children's mental development. It was previously said that although improving the nation's intelligence is one of the state's goals, children with legal issues do not receive the education they need. Conclusion. In correctional facilities, children should prioritize their rights, including education, over their obligations, as denying this right can lead to ignorance and hinder the well-being of the child.
INVESTIGATORS DISCOVERED A SHOOTING ACTION AGAINST A DRUG DISTRIBUTOR LINKED TO HUMAN RIGHTS PROTECTION Herlambang, Herlambang; Bridges, Jim W.
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.62

Abstract

Background. Police officers have the right to exercise their discretion whenever they decide to take action, and they occasionally abuse this authority. The purpose of this research is to examine the use of lethal force by law enforcement against drug trafficking, which is considered a violation of human rights. Research Method. The technique utilized in research is Normative Juridical, which combines an empirical and juridical perspective. Findings. One could argue that when police officers shoot drug dealers on the spot, they are violating their human rights. If the dealer is being shot on the spotThese drugs are not governed by the human rights and humanism principles of law enforcement; therefore, there will be flagrant abuses of human rights, as well as police efforts to disclose drug trafficking instances to prevent human rights violations. The police made an effort in several ways, including working with prior drug networks to help the National Police identify a drug network, maximizing resources that already exist in terms of human resources, can reducing the flow of drugs by carrying out raids, monitoring, and using disguise and undercover tactics. Conclusion. In situations where force is applied, violence is essentially used.

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