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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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SOCIAL ASSISTANCE COMPREHENSION, IMPLEMENTATION, AND MONITORING IN PREVENTING SOCIAL ASSISTANCE CORRUPTION Ananta, Geovani Dirga; Firnanda, Ongky Hikmal; 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.v2i2.67

Abstract

Background. With widespread corruption cases in Indonesia regarding social assistance for the people in need, strict and transparent enforcement of justice is needed in facing various corruption crimes, not only for punitive or repressive purposes after the crime occurs but also for preventive purposes. This research aimed at the notion of and limitations of social assistance, implementation mechanism, as well as monitoring and accountability mechanism in distributing social assistance. Research Method. The method used in this research is normative legal research by observing positive law as primary resource material as well as literature from journals, books, and articles as secondary data. Findings. The current law in Indonesia has not clearly and comprehensively regulated updates on receiver data, has still implemented complicated procedures, and has not established a transparency mechanism to involve the public in monitoring the social assistance distribution. Conclusion. legal provisions that regulate these matters are necessary to minimize the opportunities for social assistance abuse to achieve social welfare for Indonesians.
NEUROLAW AND CHILD AGE LIMIT IN CRIMINAL RESPONSIBILITY Saptama, Damai Alan; Putri, Aime Renata; Indradjaja, Nobella; Chamdani, Chamdani; Savage, Eileen
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.v2i2.69

Abstract

Background. Currently, research and reviews on the human brain are increasingly supported by continuously developing technological advancements. Thus, children's brain development is more easily comprehended along with the rapid growth of science. In criminal law, this supports the understanding of children's ability to control impulsive behavior. This research aimed to observe children's age limit in taking responsibility for crimes in the Indonesian law system by considering legal theories and science related to the cognitive neural system from the perspective of neurolaw. Research Method. In this research, the data is obtained from a literature study and analyzed conceptually based on legal regulation in Indonesia usually it’s namely normative legal research. Findings. The result of this research showed that in Indonesia, children can be imposed with criminal responsibility from the age of 12 until before they reach the age of 18. Meanwhile, from the perspective of neurolaw, the brain has not completely developed within that age range, and its shifts are reflected in human behavior. However, due to the gradual transition of brain development, it is impossible to determine an absolute age limit for brain maturity in the range of 12-17 years old, and thus children’s criminal cases must be reviewed individually. Therefore, the assistance or explanation of neural/psychiatric experts, besides legal experts, is required in handling children's criminal cases. Conclusion. Children can be charged with criminal responsibility from 12 to 18 years old, due to brain development shifts.
INDONESIA'S ATTITUDE IN FACING THE SOUTH CHINA SEA CONFLICT, POLICY ANALYSIS AND IMPLICATIONS Irianto, Bambang Sugeng; Sutrisno, Sutrisno
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.v2i2.74

Abstract

Background. The South China Sea conflict is one of the complex and challenging geopolitical issues in the Southeast Asia region. This study aimed to analyze Indonesia's attitude in dealing with this conflict, with a focus on foreign policy and its implications for regional stability. Research Method. This research uses a type of legal research that is normative in nature (normative legal research) and through a foreign policy analysis approach. Findings. The factors are diplomacy and negotiation policy, Indonesia's role in ASEAN, efforts to strengthen maritime cooperation, external actor involvement, the need for a just and sustainable settlement, impact on regional stability, and protection of national maritime interests that influence Indonesia's attitudes and the strategies taken by the Indonesian government in managing this conflict. The impact of Indonesia's attitude towards political and security dynamics in the Southeast Asia region. Conclusion. Indonesia has an important strategic role to play in addressing the South China Sea conflict as the largest maritime nation in Southeast Asia. Indonesia's presence in regional diplomacy and efforts to mediate the conflict are key to achieving a sustainable solution.
EFFORTS TO STOP BULLYING IN SCHOOLS: STRATEGIES, CHALLENGES AND SOLUTIONS Irianto, Bambang Sugeng; Sutrisno, Sutrisno; Suryasaputra, Ruswiati
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.78

Abstract

Background. School bullying has become a serious issue that affects the mental and emotional well-being of students around the world. This research discusses efforts to overcome bullying in the school environment, including prevention strategies, challenges faced, and solutions that can be implemented. Research Method. The method used in this research was a literature review by observing primary resource material as well as literature from journals, books, and best practices to provide insight into effective approaches to stop bullying in schools. Findings. Bullying in Indonesia significantly impacts students' academic achievement, social life, mental and physical health, and lives. To prevent bullying, schools, families, and the community must take action, including early detection, outreach, support, strict regulations, role modeling, teaching, and helping perpetrators stop bad behavior. Schools should be sensitive to students' situations, socialize through anti-bullying posters, provide support to victims, and implement strict regulations. Victims may experience depression, anxiety disorders, changes in sleep and eating patterns, health problems, and decreased academic performance. Conclusion. Bullying in schools is a significant issue that requires collective action from the educational community. Effective prevention strategies, addressing challenges, and creating safe environments can help end bullying and protect student well-being. Factors like lack of knowledge, environmental influence, and teacher bullying contribute to the problem. Schools' role in addressing bullying is not optimal, and victims need further intervention.
CHECKS AND BALANCES IN THE IMPEACHMENT MECHANISM OF THE PRESIDENT OR VICE PRESIDENT FROM A CONSTITUTIONAL LAW PERSPECTIVE Salsabila, Safira; Suciana, Suciana; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.79

Abstract

Background. There are changes to the mechanism following the amendment of the Indonesian 1945 Constitution, regarding the President's or Vice President's impeachment. After the amendment, the impeachment process can be initiated by the House of Representatives to the Constitutional Court by including strong allegations of violations committed by the President or Vice President. After that, the Constitutional Court will make a decision which will later be discussed in a parliamentary session of the People’s Consultative Assembly. Looking at the impeachment mechanism above, a new question arises as to whether this mechanism is by the supremacy of constitutional law. Research Method. This research is written to find the impeachment mechanism outlined in the 1945 Constitution according to the supremacy of constitutional law, by focusing on the function of checks and balances through qualitative methods. Findings. The results of this research show that the impeachment mechanism is not by the 1945 Constitution due to the existence of political mechanisms. Conclusion. The checks and balances process has not taken place in a balanced manner because the Constitutional Court's decision on the indictment is inexplicit or binding on both the People’s Consultative Assembly and the 1945 Constitution.
CRIMINAL REGULATORY REFORM TO ERADICATE PROSTITUTION PRACTICES Assyifa, Lilia Safitri; Sitaputri, Kamila Maharani; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.80

Abstract

Background. The rapid technological advancement accelerates the spread of various forms of information, including information regarding prostitution practices. Meanwhile, from a legal perspective, a complete regulation of prostitution practices is at its minimum. The impacts of prostitution practices affect health aspects and drive social turmoil in the community. This research aims to review regulations related to prostitution practices, especially in the applicable criminal law in Indonesia, and propose factors that emphasize a law reform, so that in the future, prostitution practices may be handled more thoroughly. Research Method. This research uses a normative method, with secondary data that includes literary research, reviews on laws and regulations, and an analysis method that uses a prescriptive technique. Findings. In reality, several regional regulations have regulated prostitution practices, but nationally, there has not been any regulation that strictly regulates prostitution practices. Conclusion. In a preventive and repressive form, which are clear limitations of prostitution practices, criminal act reform for pimps, criminalization for commercial sex workers, the use of the double-track system in imposing sanctions, criminal act formulation, and criminal aggravation.
THE ENFORCEMENT OF ARBITRAL AWARDS Suyanto, Suyanto; Situmorang, Nixon; Cavenagh, Thomas
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.84

Abstract

Background. According to Law No. 30/1999, Article 60, arbitral awards are binding on the parties, final, and have permanent legal effect. Except in cases of third-party opposition, arbitration rulings do not give rise to legal recourse. Indonesia has been using alternative dispute resolution (ADR) since ancient times. ADR is seen as an alternative to litigation or adjudication. Early neutral evaluation, conciliation, mediation, negotiation, and various hybrid forms are some of the ADR practices Indonesia has been using. Civil procedural law governs the execution of arbitration rulings; these rules are found in the Het Herziene Indonesisch Regelemen or Renewed Indonesian Reglemen. This research aimed to determine the enforcement of arbitral awards. Research Method. This research approach uses a juridical-sociological methodology, which entails researching actual social situations with the goal of fact-finding, which subsequently leads to problem identification, and finally, problem solution. Findings. Similar to the execution of decisions made by civil courts, not all arbitration awards can be carried out due to the challenges involved in doing so. In addition, there must be significant efforts made by seeking for execution seizure of the respondent's property in order to ensure that the obligation to pay a specific sum of money may actually be achieved, ensuring that execution does not become illusory or win on paper alone. Conclusion. Arbitration awards cannot be executed due to challenges and property seizure. Significant efforts are needed to ensure the obligation to pay a specific sum is met, preventing illusory or paper wins.
CREDIT AGREEMENTS IN COOPERATIVES BY DEFAULTING DEBTORS Nugraha, Agus Bambang; Catturani, Ivanna
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.85

Abstract

Background. This is motivated by the existence of cooperative activities in the savings and loan unit or what is known as a credit cooperative, this credit cooperative aims to help other fellow cooperatives, cooperative members, or the community in terms of capital to develop business by getting the loans needed with light terms according to the borrower's ability. However, in the implementation of the savings and loan agreement, there are several obstacles, especially in terms of default. The purpose of this study is to determine the implementation of a credit agreement with a defaulting debtor and how the settlement of defaulting debtors in a cooperative. Research Method. The method of this research approach is juridical-sociological, which means that research is carried out on the real situation of society with the intention and purpose of finding facts (fact-finding), which then leads to identification (problem-identification) and ultimately leads to problem-solution. Findings. During the execution of a loan agreement within a cooperative, it's essential to evaluate the loan-repaying capability of its members. If no family principles resolve the default, the cooperative sells the collateral to repay the debt. Conclusion. A savings and loan unit, or credit cooperative, provides loans with lenient terms to fellow cooperatives, members, or the community for business development. Defaults pose significant challenges in implementing savings and loan agreements.  
LEGAL REVIEW OF PARATE EXECUTIE OF MORTGAGE RIGHTS IN PROTECTING THE RIGHTS OF SEPARATE CREDITORS IN BANKRUPTCY PROCEEDINGS Lestari, Insan Indah; Waluyo, Waluyo
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.86

Abstract

Background. The existence of collateral in bank credit agreements is crucial as one of the legal safeguards for the bank's security in mitigating risks. This is to ensure that the debtor will repay the loan. Even though the debtor might go bankrupt, creditors who have secured their loans with mortgages or other similar agreements have special rights. These rights protect them in case the debtor can't pay back the loan. Research Methods. This research investigates the parate executie regulations under Indonesian bankruptcy law and examines the legal protection available to separate creditors in the presence of parate executie. A normative juridical research method was used, with data collected through a literature and document review. Findings. The results of the study show that the bankruptcy case of a limited liability company causes creditors to lose their civil rights to control and manage the assets of an individual who has been included in the bankrupt estate, where separate creditors have a separate position to be prioritized in the repayment of their claims. Conclusion. The crux of the matter lies in the discord between bankruptcy and mortgage laws. While bankruptcy law imposes a moratorium on creditor enforcement actions, mortgage law accords creditors a more immediate right of execution. This legal dissonance creates uncertainty for secured creditors like PT. BM. To rectify this situation, a reconciliation of these two legal frameworks is essential.
LEGAL PROTECTION FOR CREDITORS IN PAWN TRANSACTIONS: A CASE STUDY OF MSMEs IN THE INDONESIAN RETAIL SECTOR Sanusi, Sanusi
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.98

Abstract

Background. Pawn transactions have become a significant alternative financing instrument for MSMEs, especially in retail. In Indonesia, pawn transactions will increase by 15% in 2023, with MSMEs as the primary users. However, legal protection for creditors still faces challenges, especially regarding collateral execution and default risk. This study aims to analyze and evaluate the effectiveness of legal protection for creditors in pawn transactions involving MSMEs in the retail sector and to provide strategic recommendations to strengthen the existing legal framework. Research Method. This study uses a mixed-method approach, combining quantitative analysis through SEM-PLS with qualitative case studies. Findings. Pawn regulations significantly affect creditor protection (path coefficient 0.35, p <0.001), but there are still weaknesses in implementation, especially related to transparency and collateral Execution. Qualitative analysis shows that legal education and regulatory reform are urgently needed for legal protection. Conclusion. To create a more stable financial ecosystem for MSMEs in the Indonesian retail sector, the interests of creditors and debtors must be balanced through increased transparency, legal education, and simplification of collateral execution mechanisms.

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