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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 55 Documents
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LEGAL EFFORT OF THE GOVERNMENT AGAINST MISUSE OF GOVERNOR GROUND LAND REGARDING LAND FUNCTION TRANSFER Afiyah, Siti; Masruroh, Ainul; Putri, Dita Karunia Malika; Sundari, Ariefah
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.108

Abstract

Background. Governor Ground land refers to land without ownership rights, which can be interpreted as abandoned land. Abandoned land is land controlled by the state where the legal relationship between the landowner and the land has been severed, as regulated in Article 27(a) of the Basic Agrarian Law (UUPA). The government's authority over such land is specified in Article 2, paragraph (2) of the UUPA. This study aims to provide answers regarding the rights over Governor Ground land. Research Methods. The research employs normative legal methods, using a conceptual, case, and legislative approach. Legal materials were collected through literature review and analysis of articles and opinions from previous researchers. Findings. Governor Ground land can be owned or utilized if specific requirements are met and permission is obtained from the government, particularly the National Land Agency (BPN). Governor Ground is land that has no ownership rights and can be considered as abandoned land. The community can use it for the common interest in accordance with the procedures in the Law. Conclusion. This land can have rights such as HGU, HGB, and Right to Use. If these rights are misused, they can be subject to criminal penalties with a sentence of three months or a fine of up to IDR 10,000. If the land is not maintained, the government can take back the land and demolish the buildings on it.
LAW ENFORCEMENT'S RESPONSE TO THE CRIMINAL ACT OF HEALTH QUARANTINE UNDER LAW NUMBER 6 OF 2018 Suyanto, Dr
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.109

Abstract

Background. Article 9 and Article 93 of Law Number 6 of 2018 state that non-compliance with quarantine or social restrictions may result in punishment for not participating in preventing virus outbreaks, aimed at preventing public health emergencies. This research purpose to explained law enforcement oppose the criminal act of enforcing health quarantine. Research Methods. This study employs normative and empirical legal methodologies. The data used is secondary. Data obtained through qualitative analysis. The data analysis results can be expanded upon by drawing inductive conclusions. Findings. It demonstrates that law enforcement uses criminal law facilities (ultimum remidium) to combat the criminal act of implementing health quarantine in accordance with Law Number 6 of 2018 concerning Health Quarantine. This is done by pursuing legal remedies against those who commit crimes related to organizing health quarantine through court proceedings. return in order to obtain criminal penalties and guarantee legal certainty, based on the terms of legislative rules all the way down to the court level and execution. Conclusion. Based on Law Number 6 of 2018 concerning Health Quarantine, the government and law enforcement officials can enhance the professionalism and integrity of law enforcement against the criminal act of implementing health quarantine in order to suppress those who commit such crimes.
DIFFERENTIAL TREATMENT OF SUSPECTS IN COURT FROM THE PERSPECTIVE OF HUMAN RIGHTS AND LEGAL LOGIC Suryasaputera, Ruswiati; Irianto, Bambang Sugeng
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.116

Abstract

Background. Different legal practices can affect fairness and consistency in the justice system, the implications of different treatment of suspects in court from two different but interrelated perspectives: human rights and legal logic. The aim of this research was to analyze the impact of different treatment of suspects in court from the perspective of human rights and legal logic, by exploring how . Research Methods. The research method used includes comparative analysis and case studies, where this research will explore concrete examples of justice systems in various countries or jurisdictions that face similar dilemmas. Findings. The findings highlight that inconsistent treatment of suspects can undermine the fairness of legal proceedings, affect judicial outcomes, and pose challenges to human rights protection. This research explore how differences in treatment of suspects in court can influence the fairness of the legal process and its results, by considering aspects of human rights and consistency of legal logic, so that implementation can be implemented in the form of reform of the justice system, training and education, and strengthening law enforcement. Conclusion. The study emphasizes the necessity of justice system reforms, legal education, and strengthened law enforcement to address these disparities. Furthermore, effective implementation requires collaboration among governments, legal institutions, NGOs, and communities to ensure meaningful changes that enhance justice and uphold human rights.  
SETTLEMENT OF CONSUMER COMPENSATION CLAIMS AGAINST BUSINESS ACTORS FROM EXPIRED FOOD Situmorang, Nixon; Cavenagh, Thomas
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.118

Abstract

Background. Due to serious concerns about illegal business practices in Indonesia's food manufacturing sector, the government passed Law Number 8 of 1999 on Consumer Protection (UUPK). This law seeks to protect consumer rights and promote moral business practices, especially when it comes to food product marketing. Despite these regulations, violations still occur, often resulting in consumer harm. One such instance is illustrated by Criminal Case Number 747/Pid.B/2020/PN.Bgl, where the defendant was found guilty of selling expired food, highlighting the ongoing risks faced by consumers. This study investigates the legal mechanisms for resolving disputes between consumers and business actors, with a focus on the legal responsibilities of businesses that violate consumer protection laws. Research Method. This study used a normative legal research method. The analysis is based on statutory regulations and case law, particularly Article 1365 of the Indonesian Civil Code regarding unlawful acts. Findings. Selling expired food constitutes an unlawful act under Indonesian law and causes material and moral losses to consumers. Business actors are not only subject to criminal penalties but are also obligated to provide compensation for damages. Conclusion. Stronger enforcement of consumer protection laws and increased awareness among business actors are essential to prevent future violations. Legal remedies must be applied consistently to uphold justice and consumer rights.
EFFECTIVENESS OF ADMINISTRATIVE SANCTIONS ON WORKERS' ASSURANCE OF EMPLOYMENT AGAINST COMPANIES REGISTERING ONLY PART OF THEIR EMPLOYEES Dewanto, Wisnu Aryo; Suk, Hyun-Tae
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.131

Abstract

Background. The social security program, managed by the Social Security provider of human resources (BPJS Employment), was created by the government as a legal protection measure for workers. Companies that only register some of their employees with Assurance Employment are not following the rules set out in Article 15 of Law Number 24 of 2011 regarding workers’ assurance. This research aims to examine the BPJS Employment branch applies the law in dealing with companies that only register some of their workers. Research Method. This study is an Empirical Juridical research that uses qualitative descriptive analysis. This research was conducted in the BPJS Employment Surabaya Rungkut branch with two informants related to the regulation. Findings. Partially Registered Companies of workers are an example of violations mentioned in Article 32, paragraph (3) of Government Regulation Number 44 of 2015 about the implementation of work accident and death insurance. Because of this, unregistered workers are unable to claim the benefits of the social security program. Conclusion. The administrative actions taken by the BPJS Employment branch are in line with the applicable regulations, and the efforts made to handle PDS cases have been properly carried out.
NEUTRALIZATION OF CIVIL SERVANTS AS STATE APPARATUS IN THE GOVERNMENT SYSTEM OF INDONESIA Edwar, Ferry; Mohamad, Abdul Basir
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.132

Abstract

Background. Civil Servants hold the position of state apparatus responsible for providing services to the public in a professional, honest, fair, and equitable manner in the implementation of state, governmental, and developmental duties. The purpose of this research was to determine the roles and functions of Civil Servants in the Indonesian government, and to examine how they fulfill their roles as State and public servants while maintaining their neutrality concerning political power. Research Methods. This study uses a normative juridical method, legislative and conceptual approaches. The sources of legal materials used include primary, secondary, and tertiary legal materials. Legal materials were collected through library research. The collected legal materials were systematically processed by classifying them based on legislation, theories, and expert opinions, then analyzed qualitatively. Findings. Civil Servants are public officials regulated by governmental norms, responsible for delivering civil services and public goods. They must be sensitive, responsive, cooperative, disciplined, and aware of their responsibilities. To be effective, they must adhere to a code of ethics and maintain neutrality, free from political influence, and interact fairly and honestly. Conclusion. Civil Servants, as part of the state apparatus and public servants, must be capable of performing their duties professionally and responsibly, and remain clean and free from corruption, collusion, and nepotism in delivering services to the public. They must adhere to Government Regulation No. 42 of 2004 concerning the Development of Corps Spirit and Code of Ethics, while maintaining neutrality and freedom from political party influence.  
LIABILITY OF ADVERTISING COMPANIES FOR CONSUMER LOSSES RESULTING FROM MISLEADING ADVERTISEMENTS Adila, Arina Hukmu; Adhi, Yuli Prasetyo
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.133

Abstract

Background. The increasing number of cases involving advertising installation companies that neglect safety standards has raised significant legal concerns, particularly regarding consumer protection. The background of this study lies in the unlawful acts committed by such companies, which often result in physical, material, or psychological harm to the public. This research aimed to determine the extent of the responsibility of advertising companies in committing unlawful acts and analyze the legal liability for unlawful acts by advertising companies that result in consumer harm. Research Method. This research uses a normative juridical method with a statutory and conceptual approach. Legal materials were sourced from primary legal norms, such as the Indonesian Civil Code, especially Article 1365 and supported by secondary sources, including academic literature and expert interpretations. The analysis was conducted qualitatively by classifying legal principles, doctrines, and case examples. Findings. The findings indicate that unlawful acts, as defined in Article 1365 of the Civil Code, are interpreted broadly in Indonesia. These acts may include violations of others' rights, neglect of legal obligations, conduct contrary to public decency, and actions against societal norms of caution. Advertising companies that disregard structural safety, proper licensing, or installation procedures can be held civilly liable if their actions cause harm to others. Conclusions. Advertising installation companies bear full legal responsibility for any consumer harm resulting from their unlawful conduct. To ensure accountability, stronger regulatory oversight and enforcement mechanisms are needed to protect the rights and safety of the public.
COMPARISON OF MARXIST AND LIBERAL VIEWS ON POWER AND PROPERTY Arbain, Mayra Putri; Darry, Mohammad
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.134

Abstract

Background. Power and property have historically influenced how wealth, resources, and influence are distributed, with significant implications for social stratification and justice. Marxism views property, particularly the means of production, as a primary source of class-based domination, where the capitalist class (the bourgeoisie) exploits the working class (the proletariat), resulting in economic inequality and alienation. In contrast, Liberalism regards private property as a fundamental individual right that promotes freedom, innovation, and market efficiency, although it also acknowledges the risk of excessive power concentration without regulatory oversight. This study explores the contrasting perspectives of Marxism and Liberalism on the concepts of power and property, which are central to understanding political and economic structures in society. Research Methods. The research employs a normative qualitative method through literature review, examining primary and secondary sources, including classical and modern works of political economy. The methodology involves comparative textual analysis of Marxist and Liberal theories, alongside empirical case studies from various national contexts. Findings. Both perspectives offer valuable insights: Marxism highlights systemic inequality driven by capitalism and calls for collective ownership and state intervention. Liberalism emphasizes economic liberty and the protective role of private property, advocating for market-based solutions with minimal state interference. In practice, many countries adopt hybrid systems that integrate elements from both ideologies to balance growth with equity. Conclusion. A flexible, context-sensitive approach is necessary, one that balances economic freedoms with social justice through responsible regulation and equitable property policies.
INVESTIGATION OF THE MURABAHAH FINANCING AGREEMENT FOR FORCE MAJEURE DEBTORS Mayangsari, Erika; Rini, Wavia Silvi Dhesinta
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.135

Abstract

Background. Islamic banking in Indonesia is a manifestation of the fulfillment of the expectations of people who need an alternative banking system and also meet the principles of Sharia. This research examines the handling of murabahah financing due to debtors experiencing force majeure in Islamic banks, in accordance with applicable legal corridors. Research method. There is a type of research that is included in the type of normative research. The approach used is the legislative approach, the conceptual approach, and the comparative approach. Findings. The handling of problematic murabahah funding resulting from a force majeure event on the part of the customer has two handling efforts, namely rescue efforts and efforts to resolve problematic murabahah financing. The obstacles in handling problematic murabaha financing caused by force majeure are both external consumer variables and internal bank factors. Conclusion. It is reasonable to assume that Islamic banks will maximize risk management and the concept of prudence in their business operations to reduce the impact of the existence of problematic murabaha financing brought on by force majeure.
THE ROLE OF THE COMMUNITY IN DEMANDS FOR COMPENSATION LOSSES ACCORDING TO LAW ON PROTECTION AND MANAGEMENT ENVIRONMENT Effendi, Prihatin; White, Mathew A.
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.119

Abstract

Background. Community involvement is very important in managing the environment to create a healthy living space. Health is not just about physical condition or a clean environment, but also about overall well-being. Everyone has the same rights and responsibilities in protecting the environment. Communities often work with NGOs to deal with pollution and environmental damage. Research Methods. This Research uses a legal study approach by looking at laws and regulations related to community roles in environmental protection. It also explores how people and NGOs solve environmental problems through mediation instead of going to court. Findings. The study found that while people and NGOs prefer using mediation to solve environmental disputes, there are problems with legal certainty. This makes the mediation results unclear or hard to enforce. Conclusion. To fix this, a mediation process that is officially recognized by the court is needed. This will help provide clear legal outcomes and fairness for everyone involved.

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