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Ekasakti Journal of law and Justice
Published by Universitas Ekasakti
ISSN : 29877954     EISSN : 2987436X     DOI : https://doi.org/10.60034/ejlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ekasakti Journal of law and Justice is an peer-reviewed journal. This journal is managed by the Master of Law Program, Universitas Ekasakti. The purpose of EJLJ is as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the results of research in the field of law directed to promote the values of Pancasila and democracy to build a sense of nationalism. Therefore, the Master of Law Program Universitas Ekasakti initiated to establish a journal that specifically develops the current issue of law. Starting from 2023 onward, Ekasakti Journal of Law and Justice requires English as its main language and therefore only accepts journal articles written in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2023): December" : 6 Documents clear
Legal Protection of Drivers in Train Accidents at Crossings Without Door Bars Faniyah, Iyah; Adhiyaksa, Fagher
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/cgvn5756

Abstract

Legal Protection for Machinists in Train Accidents at Crossings Without Door Bars in the Area of PT. Kereta Api Indonesia Persero Divre West Sumatra is based on Article 124 of Law Number 23 of 2007 concerning railways. PT KAI provides protection to machinists by being responsible if third parties can prove from the chronological results of investigations and investigations if it is proven that the machinist really made a mistake that resulted in an accident and caused casualties. Form its legal liability by insuring losses suffered by third parties. In train accidents at crossings without door bars, machinists are not given responsibility alone but are protected by the company.  The legal responsibility of PT Kereta Api Indonesia Persero Divre West Sumatra to victims of train accidents at crossings without door bars is that the security and safety of public road users is not the responsibility of the transportation organizing body, in this case PT. (Persero) Indonesian Railways. The crossing gate bars are not for the security of public road users, but to secure and facilitate train travel alone. Criminal liability by the machinist for train accidents must be seen from the element of guilt and also see the responsible ability of a machinist, if all elements have been fulfilled then the machinist can be held responsible for train accidents. When crossing a crossing, it also bears the risk that if the crossbar is not provided as an adequate facility in limiting road users from passing and allowing the train to pass first. 
Non-Penal Efforts to Prevent Narcotics Crimes to Realize the Solok Clean Drugs (Sonar) Program by The Solok Regency National Narcotics Agency Anshori, Saifuddin; Fitriati
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/ywdce874

Abstract

The National Narcotics Agency of Solok Regency made non-penal efforts with the Solok Clean Drugs Program (Sonar) which was stated based on the Decree of the Head of the National Narcotics Agency of Solok Regency Number: KEP/KPTS/01/BNNK Solok-SLK/2021. Until 2022 in Solok Regency, there are only 5 nagari out of 74 nagari that have declared themselves as drug-clean nagari. This program aims to overcome crime through non-penal efforts that focus on prevention efforts by involving villages / nagari, to realize the Sonar Program is by implementing Three Pillars, namely prevention and community empowerment, eradication, and rehabilitation. In the implementation of these three pillars, what is put forward is prevention and community empowerment and rehabilitation by carrying out activities in the form of mentoring, advocacy, information dissemination in order to strengthen the development of anti-drug insight; Anti-Narcotics Community Empowerment, Community-Based Interventions, Technical Guidance for Anti-Narcotics Enthusiasts, and Rehabilitation Clinic Services However, its implementation in the field has encountered obstacles.
Application of Elements of Criminal Acts of Plantation Land Clearing in National Park Areas by Investigators of the South Coast Police Crime Squad Yovrizal, Ryki; Delmiati, Susi
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/tp5vzf08

Abstract

The South Coast Police Crime Squad conducted an investigation into the crime of carrying out plantation activities without ministerial permission in forest areas. The difficulty of the South Coast Police Detective Investigator is to implement 'Elements in forest areas'. This happened because of the unclear boundaries of the National Park forest area. In the investigation process, the Investigator applied the provisions of Article 17 paragraph (2) letter b Juncto Article 92 paragraph (1) letter a of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction as Police Report Number:  LP/25/A/II/2019/ Res-Pessel dated February 12, 2019. The application of the elements of the criminal act of clearing plantation land in the National Park area consists of subjective elements and objective elements. The subjective element is a person, then what is meant by everyone in this article is the perpetrator as a person who can account  for his actions and the objective element is that his actions are unlawful, namely: "Elements intentionally, elements carrying out plantation activities,  elements without the permission of the Minister and elements dnature forest area". According to investigators, the suspect's actions have fulfilled the formulation and elements of Article 17 paragraph (2) letter b Juncto Article 92 paragraph (1) letter a of Law Number 18 of 2013.
Criminal Responsibility of Defendant in the Crime of Selling Housing Units that Have Not Completed the Status of Land Rights: (Study of Supreme Court Decision Number: 635 K/Pid.Sus/2019) Wibowo, Adhi
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/3189es78

Abstract

The crime of selling a housing unit that has not completed its land title status is regulated in Article 154 of Law Number 1 Year 2011 on Housing and Settlement Areas. The act of selling housing without clear land rights status is very detrimental to the community, especially buyers as consumers who need a house to live in, as happened in Padang City. The criminal responsibility of the defendant who violated this provision was punished with imprisonment for 1 (one) year based on the consideration of the cassation judge in the Supreme Court Decision Number: 635 K/Pid.Sus/2019
Disparity in Authority of the State Administrative Court and District Court in Adjudicating Certified Land Claims Ari, Kurniadi; Darmini Roza; Syofiarti
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/vj3h5n02

Abstract

The title certificate over land is a form of State Administrative Decree, based on Article 1 number 3 of Law Number 9 of 2004 concerning the Second Amendment 2 to Law Number 5 of 1986 concerning the State Administrative Court. Related to that, if there are individuals and legal entities who object to the decision, the objection can be made through a lawsuit to the State Administrative Court based on the absolute compatibility of State Administrative Procurement. There are legal facts, the Sungai Full District Court of Jambi Province accepted, examined, tried and decided objections to the certification further in its decision stating that the certificates of the Defendants were invalid.
Implementation of Discipline Development for the State Civil Apparatus (ASN) as an Effort to Prevent Corruption Mustika Sari, Dini
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/5wmwvx85

Abstract

Article 12 of Law of the Republic of Indonesia Number 5 of 2014 concerning the State Civil Apparatus stipulates that employees in their duties must be clean from corruption, collusion, and nepotism. The implementation of discipline development for the State Civil Apparatus (ASN) as an effort to prevent corruption crimes in the Agam Regency Regional Government is by disseminating to CPNS and ASN regarding anti-corruption behavior. Obligation to submit asset reports reported annually. Strengthening the internal integrity system of government agencies through various regional policies. The policy includes gratification control, conflict of interest handling, community complaint management through the Public Service Complaint Management System-People's Aspiration and Complaint Service (SP4N-LAPOR) channel which has been integrated with central and local government agencies. Control of corruption at the service unit level through the construction of Integrity Zones (ZI). Cooperation with the Central Statistics Agency (BPS) of West Sumatra Province conducts surveys regularly. The routine survey is aimed at determining public perceptions as service recipients regarding service quality and anti-corruption perceptions. Obstacles in the implementation of discipline development for the State Civil Apparatus (ASN) as an effort to prevent corruption crimes in the Agam Regency Regional Government include weak supervision and lack of guidance caused by the high volume of work and activities. The attitude of superiors who are too protective of their subordinates even though their subordinates commit deviations. Inadequate employee welfare factors. ASN is one of the things that must be considered by the Government. It is undeniable that they work to provide for the family. If they feel that their needs cannot be met optimally then they will try to get other jobs (side jobs) to meet their needs.

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