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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 50 Documents
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LEGAL PROTECTION FOR KENJERAN BEACH FISHERMEN IN THE ERA OF INDUSTRIAL REVOLUTION 4.0 Bambang S. Irianto
EQUALEGUM International Law Journal Volume 1, Issue 2, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (159.573 KB) | DOI: 10.61543/equ.v1i2.19

Abstract

Background. The reduction in the number of fishermen over the last 3-5 years has affected the fish catch in Surabaya, for the last 5 years it has continuously decreased. The uncertainty of the income obtained by fishermen from fishing and the limited fishing gear and the current increase in fuel prices add to the heavy burden on fishermen. In addition, the influence of the west wind season. The purpose of this research was to create a problem-solving strategy and develop community skills on the Kenjeran coastline both in the management of fish, and catch of the sea around the Kenjeran coastline. Research Method. This research was a type of Community Based Research. The research was conducted from March to June 2021, location was in Nambangan- Cumpat Fishermen Village, Kedung Cowek, Bulak, Surabaya City. The population in this study were members of the Fishermen's Group from each village, totaling 115 people. The research analysis approach is through Islamic eco-theology. Findings. Fishing activity is the main livelihood of coastal communities so when they cannot go to sea it means they cannot fulfill their daily needs. The results of this activity found several descriptions, situations of social structure, conditions, and problems faced by fishing communities, including population density, sanitation, slum environments, natural weather which is also an obstacle for fishermen to catch fish, narrow employment opportunities, and other social inequality. Conclusion. Efforts to understand Islamic eco-theology in the Kenjeran coastal fishing community are one of the means to conserve the coastal environment.
IMPLEMENTATION OF SAFE DROWNING SANCTIONS FOREIGN FISHING VESSELS IN FISHERIES CRIMES Bambang Irianto
EQUALEGUM International Law Journal Volume 1, Issue 2, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i2.21

Abstract

Background. Fishing activities carried out by a certain country or foreign fishing vessels in waters that are not in its jurisdiction without permission from the country that has jurisdiction. The purpose was to determine the sanctions against perpetrators of fisheries crimes in Indonesia and the implementation of sanctions for the sinking of foreign fishing vessels that commit fishing crimes without permission in Indonesia. Research Method. This research was type of normative legal research, doctrinal research because this research is conducted or aimed only at written regulations and other legal materials. Normative legal research is also referred to as literature review because this research is mostly done on secondary data in the library and document studies. Findings. The implementation of the sanction of sinking foreign fishing vessels against perpetrators of fisheries crimes is carried out through court decisions or due to caught red-handed foreign fishing vessels confiscated based on Court decisions can be sunk by the Prosecutor as the executor or executor of the judge's decision. In the case of being caught red-handed, it must be based on sufficient preliminary evidence or preliminary evidence to suspect the existence of fisheries crime by foreign fishing vessels. Conclusion. Sanctions against perpetrators of fisheries crime are heavy sanctions, because they are cumulative, namely imprisonment and fines imposed at the same time against the perpetrators of criminal acts. In addition to criminal sanctions, perpetrators can also be subject to administrative sanctions in the form of warnings, license suspension and up to license revocation.
LEGAL CASE AND HEALTH PERSPECTIVE OF BULLYING LEADING TO BLINDNESS Suyanto Suyanto; Siti Nur Qomariah; Yuanita Syaiful; Lilis Fatmawati
EQUALEGUM International Law Journal Volume 1, Issue 2, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i2.30

Abstract

Background. Bullying has a negative impact on both the perpetrator and the victim. The biggest impact is experienced by victims of bullying. Victims of bullying experience physical or psychological disorders. The purpose of this study was to explain a legal case and health perspective of bullying leading to blindness. Research Method. This research was a case report. One case of bullying happened in an elementary school in Gresik. The victim (SAH, 8 years old) was a girl who experienced blindness as a result of bullying by her friends at her school. Findings. On August 7, 2023, SAH was poked in the right eye by a student because he was reluctant to give money. From that incident, SAH's right eye became blind. The incident took place in the hallway inside the school. The bullying happened 1 year ago and continued until SAH became blind. Seeing the case that occurred at an elementary school in Gresik, there was a connection with Law No. 35 of 2014 concerning child protection. Bullying in this case have an impact on physical disorder and psychological disorder for the victim. Conclusion. There has been an appeal for bullying in the school environment from the Ministry of Education and Culture. The region has even launched anti-bullying. Prevention efforts and literacy regarding bullying are the school's responsibility.
REGIONAL GOVERNMENT PROBLEMATICS Irianto, Bambang Sugeng; Assyifa, Salsabilah; Birawa, Satria
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.28

Abstract

Background. In this reformation era, one of the areas of concern is the policy regarding Regional Autonomy, with the promulgation of the Law on Regional Government, which has brought significant changes to the relationship between the Center and the Regions. The purpose was to explain the effectiveness of the implementation of the Law on Regional Government. Research Method. This research used a normative legal approach. Analysis of an issue of the research using legal context and books of legal or law constitution. Findings. It is deemed necessary to carry out Regional Autonomy by giving broad, real, and accountable authority to the Regions in a proportional manner, which is manifested by the regulation, distribution, and utilization of natural resources. National resources, as well as central and regional financial balances, in accordance with the principles of democracy, community participation, equity, and justice, as well as the potential and diversity of the regions, which are carried out within the framework of the Unitary State of the Republic of Indonesia. So we have now arrived at the constitutional vision of life as stated in Pancasila and the 1945 Constitution, the value and meaning of political solidarity, solidarity economic, socio-cultural solidarity, and defense and security solidarity. Conclusion. The system of government Republic of Indonesia according to the 1945 Constitution gives flexibility to the Regions to carry out Regional Autonomy. In the implementation of Regional Autonomy, on the principles of democracy, community participation, equity, and justice, as well as pay attention to regional potential and diversity.
A REVIEW OF CHILDREN'S ILLEGAL RACING BASED ON LAW NO. 22 OF 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION Pradana, Haris Kondang; Chasanah, Nur; Savage, Eileen
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.42

Abstract

Background. The occurrence of illegal racing crime is caused by poor self-control of children and also weakening social control due to lack of family supervision, environment, school, and law enforcement to carry out their control functions. The study aimed to identify the chronology and illegal motorcycle street racing area that became a favorite place where illegal racers held in Ploso Kertosono Nganjuk and the surrounding area. Research Method. This research is considered as a field research or case study. It is used descriptive analysis method and the type of research is qualitative research. The data collection procedures of this study were observation, interviews, and documentation. The primary sources included interviewing illegal riders, the society around the illegal street racing area, and police officers from the county police of Nganjuk. The secondary data were collected from books, journals, and documents. The research analyzed from Ius Constitutum included No. 22 of 2009 about Indonesian traffic law. Findings. This research results more on the chronology and describes the flow of illegal races that are so popular with children in the Ploso Kertosono Nganjuk road area and its surroundings in Nganjuk Regency and is continued with an analysis in terms of Positive Law in the form of Law No. 22 of 2009 concerning Road Traffic and Transportation. The final result is the absolute truth of Positive Law in analyzing illegal racing under applicable laws and regulations. Conclusion. The concept of Ius Constitutum analyzes illegal motorcycle street racing according to the applicable laws and regulations.
UNEQUAL DISTRIBUTION OF JOINT ASSETS DUE TO DIVORCE Sujoko, Ajik; Kauffman, James M.
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.47

Abstract

Background. Joint assets are assets acquired by a husband and wife together during the period of marriage. Marriage Law Number 1 of 1974 does not regulate the division of joint assets, as a result, difficulties arise for legal administrators in resolving cases related to joint assets. This study aimed to describe the unequal distribution of joint assets due to divorce. Research Method. This research is considered as a field research or case study. It uses used descriptive analysis method and the type of research is qualitative research. The data collection procedures of this study were observation, interviews, and documentation. The case study of Semarang Religious Court Decision 512/Pdt.S/2023/PA.Sm. Findings. Joint assets are divided after divorce if the wife is more dominant in terms of looking for property through the Semarang Religious Court decision taken with a percentage of 1/3 for the husband and 2/3 for the wife, this is based on the judgment of the judge who thought that the wife should be the husband's responsibility, the wife was the one who worked hard to collect property, while the husband, who should have been more intensive in meeting household needs, turned out to be passive and only enjoyed the results of his wife's hard work. Conclusion. Marriage Law Number 1 of 1974 regarding the division of joint property adhering to the compilation of Islamic law articles 96 and 97 of the provisions mentioned above, where article 97 determines whether a divorced widow or widower lives each is entitled to half.
IMPLEMENTATION OF MEDICAL ACTION APPROVAL (INFORMED CONSENT) BETWEEN THE HOSPITAL WITH CAESAR OPERATION PATIENTS Meliani, Made; Wise, Thomas N.
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.48

Abstract

Background. Health is one factor most important in implementing development nationally because health is a necessity that is very basic and needed by every human. This research aimed to answer problems regarding implementation procedures approval for medical action (informed consent) between the hospital and the patient giving birth in hospitals, the hospital is responsible for defaults committed by internal doctor implementation of approval for medical procedures. Research Method. This research includes empirical legal research descriptive in nature using primary and secondary data types. Findings. The results of this research contain procedures for implementing medical action agreements between the hospital and the patient who gave birth in the maternity ward of the X Hospital and who had fulfilled the requirements for valid approval of Article 45 of Law No. 29 of 2004 concerning medical practice. However, there are still several obstacles to implementing consent for medical procedures on patients who gave birth at the X Hospital, especially regarding the explanation of the information, form, and content of the informed consent Conclusion. The hospital can provide policies regarding the form and content of informed consent used so that it does not hinder the implementation of the agreement.
JURIDICAL ANALYSIS OF ARTICLE 167 PARAGRAPH (1) CONCERNING AGE AND WORKERS' RETIREMENT RIGHTS IN LAW NUMBER 13 OF 2003 Huda, Nurul; Garavan, Thomas N.
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.49

Abstract

Background. The National Development of the Republic of Indonesia is carried out in the context of the human development of Indonesia as a whole and the development of Indonesian society as a whole to create a society that is prosperous, just, prosperous, equitable both materially and spiritually based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Doesn't set the retirement age limit, then the retirement age limit follows the statutory regulations that apply. This aimed to describe Law Number 13 of 2003 concerning Employment regulates the rights of workers/laborers such as pension rights. Research Method. This study uses primary and secondary data types for its descriptive empirical legal research. Findings. The Retirement Age Limit refers to the provisions in force at the Social Security Administering Body (BPJS of Employment. Because it is related to Old Age Security (JHT). Government Regulation Number 45 of 2015 Currently, the retirement age limit for workers/laborers according to the provisions is 56 years old. For this reason, every worker/laborer who experiences termination of employment will receive severance pay and the amount of value obtained by workers/laborers is under the conditions and causes at the time of the occurrence of work termination. Conclusion. Severance pay is calculated by the provisions of Law Number 13 of the Year 2003 and is also regulated in the Work Agreement, Company Regulations, and Collective Work Agreement.
POSITION OF THE PARTIES IN THE STANDARD AGREEMENT BANKING REVIEWED TO CONSUMER PROTECTION Yanto, Andra; Syawir, Muhammad; Dainty, Andrew R.J.
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.50

Abstract

Background. Along with the increasing world of banking today, especially in the field of credit such as credit buying a car banking business actors increase their development to protect consumers from standard agreements made by business actors. The research aimed to find out the position of the parties in the agreement then leads to problem identification and resolution problem. Research Method. The type of research is doctrinal research, namely, research that analyzes based on laws written in books, journals, and Legal Book Civil And Law Number 8 of 1999 concerning consumer protection. Findings. Article 18 of Law Number 8 of 1999 concerning Consumer Protection, regarding prohibitions inclusion of standard clauses that are detrimental to consumers. The position of the parties within the agreement is reviewed by the Civil Code and laws, and the role of laws in providing protection debtor law as a consumer. Conclusion. Law Number 8 of 1999 addresses debtor risk in credit banking, ensuring standard agreements and private legislators provide legal protection to the debtor as a consumer.
LEGAL PROTECTION OF CREDITORS RECIPIENTS OF RIGHTS GUARANTEES RESPONSIBILITY TO THE LAND AND OBJECTS RELATED Kurniawan, Iwan; Yusuf, Mario; Noor, Azman Mohd.
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.51

Abstract

Background. Guarantee is a translation from Dutch, namely zekerheid or cautie Zekerheid or caulie covers generally how creditors guarantee the fulfillment of their bills, in addition to responsibility for the debtor's general interest in his goods. The object of Mortgage Rights is the right to land by distinguishing between objects movable and immovable, registered and unregistered objects. This research aimed the legal protection of creditors recipients of rights guarantees responsibility. Research Method. This research uses research methods of normative law, and library research, namely researching library materials or secondary materials. Findings. Based on the general explanation of Article 14, the duties stated on the Certificate of Rights Dependency in the provisions in paragraphs 2 and 3 are intended to emphasize the existence of executorial power on the Mortgage Rights Certificate, so that if the debtor breaks the contract, it is ready to be executed as is a court decision that has obtained permanent legal force. Conclusion. Legal protection for recipients or mortgage rights holders starts from making a Deed of Grant of Rights Dependents (APHT) Then Legal protection is also regulated in Article 6 of the Mortgage Rights Law, the preferred position is held by Mortgage Rights holders as preference creditors.

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