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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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LIABILITY AGAINST THE INSTALLER COMPANY ADVERTISING THAT HARMS CONSUMERS Mesya, Arki; Hamzah, Andi
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.v1i3.52

Abstract

Background. Advertising is a means of establishing relationships between companies and consumers. The company tries to communicate well with the existence of the company itself and the products or services produced. The research aimed to explain unlawful acts carried out by advertising companies so that they can cause losses to part of consumers. Research Method. This research uses research methods of normative law, and library research, namely researching library materials or secondary materials. Findings. An unlawful act is any action that brings about such losses. Then there are unlawful acts in Indonesia interpreted broadly, namely covering one of the following actions: (1) Actions that conflict with other people's rights (2) Obligations that conflict with legal obligations (3) Acts that are contrary to morality (4) Acts that are contrary to prudence or necessity in society. Conclusion. Liability for unlawful acts towards advertising companies’ harm to consumers can be resolved through compensation between company advertisers with consumers through District Court.
STATUS OF MULTIPLE OWNERSHIP LAND CERTIFICATES ACCORDING TO GOVERNMENT REGULATION OF LAND REGISTRATION Seno, Anto; Wijaya, Arya
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.v1i3.53

Abstract

Background. Certificate as legality of ownership land, registering land rights is an important thing to ensure certainty for land rights holders and other parties who have an interest in the land. The research purposed to determine the status of multiple ownership land certificates according to government regulation of land registration. 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 Jakarta Religious Court Decision 619/Pdt.J/2023/PN.Jkt. Findings. There are 2 (two) ways to obtain a land title certificate systematic registration and sporandic registration is a registration activity that is carried out simultaneously in one place a certain region or region, or a village sub-district where the land is located. Conclusion. Certificate as legality of land ownership, registering land rights is an important thing to guarantee legal certainty and protection of land rights holders and other parties with interests in the land.
THE IMPACT OF THE EXECUTION ON THE OBJECT FIDUCIARY GUARANTEE Ikhsan, Muhammad; Aisyah, Siti
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.v1i3.54

Abstract

Background. Guarantees in the broadest sense are guarantees of a material or immaterial nature. Material collateral for example buildings, land, vehicles, jewelry, securities. Meanwhile, immaterial guarantees include individual guarantees (borgtocht). Fiduciary is the transfer of ownership rights to an object based on trust with the condition that the object whose ownership rights are transferred remains in the control of the owner of the object.. The research purpose describes the impact of the execution on the object fiduciary guarantee. Research Method. This research used Normative Juridical research methods, namely research based on studies literature and based on the general explanation of Article 29 of Law Number 42 of 1999 regarding fiduciary guarantees. Findings. If the debtor or fiduciary breaches his promise, then it will the execution of the fiduciary guarantee object is carried out, this is because the fiduciary recipient has the same executorial rights as court decisions that have obtained legal force remains on the object of fiduciary guarantee based on the fiduciary guarantee certificate. Conclusion. The Fiduciary Guarantee Law, in line with Pacta Sunt Servanda, allows for the transfer of ownership rights to an object based on trust.
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.
LAW NO. 11 OF 2020 ALLOWS LAND ACQUISITION FOR PUBLIC INTEREST IN SUBSIDIZED HOUSING BUSINESSES FOR LOW-INCOME COMMUNITIES Munir, Saiful; Subekti, Subekti; Suyono, Yoyok Ucuk; Widodo, Ernu
EQUALEGUM International Law Journal Volume 2, Issue 2, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i2.63

Abstract

Background. The development of land acquisition in Indonesia is influenced by various factors including the government system, leadership system, development performance plan, development orientation direction, and legislation enacted. As an important element in the life of living things, land is the surface of the earth that is organized and managed nationally. This research purpose was to analyze the land acquisition for public interests for low-income communities in the subsidized housing business based on law No. 11 of 2020. Research Method. This research uses a type of legal research that is normative in nature (normative legal research), this research leans towards the Law Approach and Conceptual Approach. As well as Legal Materials that researchers use are Sources of legal materials that are primary, tertiary, and secondary commonly used in research with a normative nature. Findings. The state is responsible for protecting the entire Indonesian nation through the organization of housing and settlement areas so that people can live and inhabit decent and affordable homes in a healthy, safe, harmonious, and sustainable environment throughout Indonesia. As one of the basic human needs, ideally, a house should be owned by every family, especially for people with low income and for people who live in densely populated areas in urban areas. Conclusion. To provide adequate, cheap housing for everyone, especially low-income families and those living in highly packed urban areas, the state is responsible for organizing housing and settlement areas and safeguarding Indonesia.
REGULATION ON PERSONAL DATA PROTECTION IN THE USE OF E-COMMERCE SERVICES Kurniasandi, Domi Dwi; Aprilia, Sherly Nanda; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 2, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i2.66

Abstract

Background. To realize legal certainty in business, the State protects consumer rights. Consumer rights become a proper subject of research due to the rapid technological advancement impacting the use of electronic devices, which also become a place of business transactions through e-commerce. To be able to use marketplace services, service users must fill out personal data and verify it. The data will be saved in the Big Data by the e-commerce service provider, and there is a potential for data misuse and leak as how they more frequently occur nowadays. This research aims to observe consumer personal data protection in Indonesia. Research Method. The normative legal method reviews several laws and regulations. Findings. There have been various regulations related to personal data protection, specifically Law No. 27 of 2022 regarding Personal Data Protection. However, several issues remain that become a basis for the researchers' suggestions. Conclusion. The Consumer Protection Law states that consumers have the right to safety and security in consuming goods and/or services but does not specifically regulate consumer data protection.  

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