Ekasakti Journal of law and 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.
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<![CDATA[The Effectiveness of Patrol Implementation by the Padang Police Traffic Unit in Combating Wild Racing ]]>
<![CDATA[Junaidi, Andes]]>;
<![CDATA[Susi Delmiati]]>;
<![CDATA[Fahmiron]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/dt33aj19
<![CDATA[One of the efforts made to prevent Kamtibmas disturbances by the Police is to conduct patrols, which are regulated in the Regulation of the Head of the Security Maintenance Agency of the National Police of the Republic of Indonesia Number 1 of 2017 concerning Patrols. This is important because it is an essential need for everyone in various aspects of life, and is free from all worries, threats, disturbances of kamtibmas. One of the triggers for kamtibmas disturbances is the wild racing action that occurred in Padang City. Research is descriptive analytical with a normative juridical approach supported by an empirical juridical approach. Based on the results of research and analysis obtained first, the effectiveness of the implementation of patrols by the Padang Police Traffic Unit in tackling wild racing has not been maximally proven until now there are still wild racing actions at several road points in Padang City. In addition, the actions of the Police only use repressive measures, namely fines based on traffic violations. Second, the obstacles encountered in the implementation of patrols by the Padang Police Traffic Unit in tackling wild racing include internal obstacles , namely the absence of a Special Unit that handles wild racing actions so that it is limited to control and disbandment, as well as the lack of personnel of the Padang Police Station considering the large number of illegal racing actors who often move around in holding wild racing actions. External constraints are the absence of integrated cameras with traffic units at road points that are used as wild racing actions so that patrols must still be carried out directly to areas prone to wild racing and betting culture among people who love speed racing and the absence of special facilities and places or racing arenas in Padang City.]]>
<![CDATA[Restorative Justice Approach in Resolving Corruption Cases Based on State Financial Loss Recovery in Indonesia ]]>
<![CDATA[Setyawan, Donny Haryono]]>;
<![CDATA[Iyah Faniyah]]>;
<![CDATA[Otong Rosadi]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/e060xt69
<![CDATA[Efforts to recover state losses due to corruption are carried out through additional criminal payments as stipulated in Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001. These efforts have not succeeded and have given rise to other problems in law enforcement, namely arrears in substitute money, budget inefficiencies, and overcapacity in prisons. Therefore, other methods are needed as alternatives in dealing with corruption. This research study is about optimizing the recovery of state financial losses due to corruption crimes carried out with a restorative justice approach and the existence of restorative justice in corruption crimes based on state financial recovery. The specification of this study is descriptive analytical, with a normative juridical approach supported by an empirical juridical approach. Based on the results of the study, restorative justice is optimal in recovering state financial losses and community losses, because recovery of state financial losses or community losses is a condition for solving corruption crimes with a restorative justice approach. This optimization causes the resolution of corruption crimes using a restorative justice approach to be more effective in preventing arrears of new substitute money than if cases were resolved through the courts, effective in overcoming the problem of budget inefficiencies in handling corruption cases with small losses, and effective in preventing the addition of new prisoners / prisoners in prisons that are already overcapacity. The existence of restorative justice in corruption crimes based on the recovery of state financial losses is only limited to policies that are at the stage before the investigation or pre-investigation. The settlement is in the form of a decision whether an investigation is carried out on a corruption report or not. The decision to be taken depends on the factor whether loss recovery has been made or not. If the loss has been recovered then the report is not continued to the investigation, otherwise if the loss is not recovered then an investigation is carried out (ultimum remedium).]]>
<![CDATA[Non-Penal Efforts to Overcome Crimes by Verbal Da'wah ]]>
<![CDATA[Putra, Randi Eka]]>;
<![CDATA[Bisma Putra Pratama]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/8pzx5126
<![CDATA[This research is a legal research with specifications that are descriptive analytical. The implementation of verbal da'wah as a form of non-penal crime reduction in the jurisdiction of the South Coast Resort Police is to convey religious messages or moral values to others through words and oral communication. Conducted with I'tikaf, Da'wah, Weekly Recitation and Spiritual Flush activities. A persuasive approach by law enforcement officials to the community through activities carried out on community groups. Verbal da'wah is used to promote good deeds and positive activities in society, such as contributing to the general well-being, helping and avoiding harmful behavior. At events such as citizen gatherings, police can convey moral and ethical messages to participants. Giving Advice: Police officers may provide verbal advice to individuals involved in crimes or risky behavior. The impact of the implementation of verbal proselytizing as a form of non-penal crime reduction on the level of crime that occurs in the South Coast Resort Police Jurisdiction varies depending on the context, the message conveyed, and the recipient of the message. This da'wah approach looks quite effective characterized by Increasing Religious Awareness, Verbal da'wah can help individuals understand religious teachings better and increase their awareness of moral and ethical values. Positive Behavior Change, Da'wah can affect behavior change, such as reducing risky behavior, stopping criminal acts, or promoting social kindness and solidarity. The implementation of da'wah can benefit an individual's spiritual growth, help them search for meaning in life, and strengthen their relationship with their religion or belief.]]>
<![CDATA[Justice In Management, Utilization and Preservation of Local Plant Varieties ]]>
<![CDATA[Susi Irianti, Yuliana Diah Warsiki]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/0wrgrq96
<![CDATA[Justice is important (urgent) in the Management, Utilization and Conservation of Local Plant Varieties and as an effort to realize the protection of the rights of local communities. Justice in question must be a basic value that must be realized through law, in this case the Plant Variety Protection Law, article 7, and Regional Regulations. Substantially, both laws and regional regulations must accommodate all stakeholders' interests and needs in the management, utilization and preservation of local plant varieties.]]>
<![CDATA[Developer Liability for Shophouses In Buildings By Buyers Standing On State-Owned Land Through Building For Turnover (BGS) ]]>
<![CDATA[Nazmi, Didi]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/120nc170
<![CDATA[The government as a regulator continues to encourage infrastructure development based on the interests of the community in order to boost the nation's economy. Development projects carried out by the government are not only funded from the state, but also by inviting the private sector as business entities to collaborate in infrastructure development. Several schemes have been created by the government through a build-to-transfer system (BGS) by providing land for private parties to build a building. The government provides land for development to business or private entities through Building Use Rights (HGB) over Management Rights (HPL). The purpose of obtaining HGB on HPL is to accommodate investment needs and business feasibility on a lease for a period of 30 (thirty) years. However, the building has been built and can be used by the shophouse users who have experienced losses due to the lack of transparency of important information related to the building by the developer (developer). That way, if the management period ends and the shophouse user has been bought, ownership will change to the government, resulting in a dispute between the user who bought it and the building manager. This research is legal research (doctrinal research) with an analytical approach (conceptual approach), legislative approach (statues approach). The research results explain that the developer's legal responsibility for the buyer's losses must be to transfer or release the HGB over the HPL to another developer who meets the requirements. Then, if the developer cannot carry out the transfer, he must make compensation for operational costs and return the purchase proceeds by 50% (percent) as based on Article 1364 of the Civil Code. The legal action that must be taken by the developer is to file a civil lawsuit against the developer for negligence outside the agreement.]]>
<![CDATA[Country Boundary Agreement as An Effort to Resolve The South China Sea Dispute ]]>
<![CDATA[Syofyan, Yunita]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/fjebsw40
<![CDATA[The dispute in the South China Sea Area is a form of large international dispute where the parties are the countries that have interests. The dispute in the South China Sea first occurred when China claimed that the area belonged to the territory unilaterally. The claim made by China refers to the principle of Nine Dash Line, which means that it fully belongs to China's territorial sea so that the North Natuna Sea belonging to Indonesia is also claimed in such a way. The resolution of this dispute has been brought to the forum or International Court, but has not found a common ground or end of the disputed case. Juridical Normative method is a form of research with primary legal materials in the form of legislation (statue approach) and conceptual approach, secondary legal material in the form of a library research. That the settlement of disputes can be carried out peacefully or violently which has been recognized in the custom of international law. However, international dispute resolution efforts do not have a significant impact on the settlement of these disputes. In the 1982 UNCLOS provisions that every coastal state must enforce the law to get justice for the existence of marine waters that own the territory of other countries. Of course, by the existence of negotiations between disputing countries in requesting a detailed explanation of the basics of and the boundaries of the Nine Dash Line.]]>
<![CDATA[The Urgency of Eliminating the Norms "The Indonesia Army Are Prohibited From Doing Business" Through The Drafting of A Indonesia Army Law Based on A Human Rights Perspective ]]>
<![CDATA[Gusman, Delfina]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
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DOI: 10.60034/h5nt2041
<![CDATA[The constitution gives citizens freedom to engage in commercial activities not only to increase their economic income. But rather to encourage the quality of each individual to continue productivity. Currently, a variety of jobs have developed which can increase individual income, where the global economic cycle is better than in the past. Recently, there have been plans for every profession in the Indonesian National Army (TNI) to be able to do business. This plan is due to the Draft Law or what is called Bill Number 34 of 2002 concerning the TNI. Polemic about eradicating norms"prohibition of the TNI in doing business” has become a matter of public concern at the moment, there are concerns that the TNI's role as a national defense soldier will be disrupted. This research is legal research (doctrinal research) with a legal approach (statues approach), analytical approach (analytical approach), and conceptual approaches (conceptual approach). The research results explain that First The National Army is not only to uphold, protect and safeguard the nation's sovereignty from Indonesian military and non-military attacks/threats, but can also participate in civil society activities such as helping victims of natural and non-natural disasters or joining the government as long as the orders of their superiors has been regulated in law. Second, the rights to life of a TNI soldier are no different from civil rights, especially the rights to improve their daily welfare. Third, the urgency of eliminating the norm regarding "TNI is prohibited from doing business" is a legal effort to look at the situation progressively. Therefore, the abolition of the norm "TNI is prohibited from doing business" is a legal effort to protect their economic rights in improving the standard of living for those of their families.]]>
<![CDATA[The Effectiveness of Patrol Implementation by the Padang Police Traffic Unit in Combating Wild Racing ]]>
<![CDATA[Junaidi, Andes]]>;
<![CDATA[Susi Delmiati]]>;
<![CDATA[Fahmiron]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
Show Abstract
|
Download Original
|
Original Source
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Check in Google Scholar
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DOI: 10.60034/dt33aj19
<![CDATA[One of the efforts made to prevent Kamtibmas disturbances by the Police is to conduct patrols, which are regulated in the Regulation of the Head of the Security Maintenance Agency of the National Police of the Republic of Indonesia Number 1 of 2017 concerning Patrols. This is important because it is an essential need for everyone in various aspects of life, and is free from all worries, threats, disturbances of kamtibmas. One of the triggers for kamtibmas disturbances is the wild racing action that occurred in Padang City. Research is descriptive analytical with a normative juridical approach supported by an empirical juridical approach. Based on the results of research and analysis obtained first, the effectiveness of the implementation of patrols by the Padang Police Traffic Unit in tackling wild racing has not been maximally proven until now there are still wild racing actions at several road points in Padang City. In addition, the actions of the Police only use repressive measures, namely fines based on traffic violations. Second, the obstacles encountered in the implementation of patrols by the Padang Police Traffic Unit in tackling wild racing include internal obstacles , namely the absence of a Special Unit that handles wild racing actions so that it is limited to control and disbandment, as well as the lack of personnel of the Padang Police Station considering the large number of illegal racing actors who often move around in holding wild racing actions. External constraints are the absence of integrated cameras with traffic units at road points that are used as wild racing actions so that patrols must still be carried out directly to areas prone to wild racing and betting culture among people who love speed racing and the absence of special facilities and places or racing arenas in Padang City.]]>
<![CDATA[Restorative Justice Approach in Resolving Corruption Cases Based on State Financial Loss Recovery in Indonesia ]]>
<![CDATA[Setyawan, Donny Haryono]]>;
<![CDATA[Iyah Faniyah]]>;
<![CDATA[Otong Rosadi]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.60034/e060xt69
<![CDATA[Efforts to recover state losses due to corruption are carried out through additional criminal payments as stipulated in Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001. These efforts have not succeeded and have given rise to other problems in law enforcement, namely arrears in substitute money, budget inefficiencies, and overcapacity in prisons. Therefore, other methods are needed as alternatives in dealing with corruption. This research study is about optimizing the recovery of state financial losses due to corruption crimes carried out with a restorative justice approach and the existence of restorative justice in corruption crimes based on state financial recovery. The specification of this study is descriptive analytical, with a normative juridical approach supported by an empirical juridical approach. Based on the results of the study, restorative justice is optimal in recovering state financial losses and community losses, because recovery of state financial losses or community losses is a condition for solving corruption crimes with a restorative justice approach. This optimization causes the resolution of corruption crimes using a restorative justice approach to be more effective in preventing arrears of new substitute money than if cases were resolved through the courts, effective in overcoming the problem of budget inefficiencies in handling corruption cases with small losses, and effective in preventing the addition of new prisoners / prisoners in prisons that are already overcapacity. The existence of restorative justice in corruption crimes based on the recovery of state financial losses is only limited to policies that are at the stage before the investigation or pre-investigation. The settlement is in the form of a decision whether an investigation is carried out on a corruption report or not. The decision to be taken depends on the factor whether loss recovery has been made or not. If the loss has been recovered then the report is not continued to the investigation, otherwise if the loss is not recovered then an investigation is carried out (ultimum remedium).]]>
<![CDATA[Non-Penal Efforts to Overcome Crimes by Verbal Da'wah ]]>
<![CDATA[Putra, Randi Eka]]>;
<![CDATA[Bisma Putra Pratama]]>
<![CDATA[ Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June ]]>
Publisher : <![CDATA[Master of Law Program, Ekasakti University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.60034/8pzx5126
<![CDATA[This research is a legal research with specifications that are descriptive analytical. The implementation of verbal da'wah as a form of non-penal crime reduction in the jurisdiction of the South Coast Resort Police is to convey religious messages or moral values to others through words and oral communication. Conducted with I'tikaf, Da'wah, Weekly Recitation and Spiritual Flush activities. A persuasive approach by law enforcement officials to the community through activities carried out on community groups. Verbal da'wah is used to promote good deeds and positive activities in society, such as contributing to the general well-being, helping and avoiding harmful behavior. At events such as citizen gatherings, police can convey moral and ethical messages to participants. Giving Advice: Police officers may provide verbal advice to individuals involved in crimes or risky behavior. The impact of the implementation of verbal proselytizing as a form of non-penal crime reduction on the level of crime that occurs in the South Coast Resort Police Jurisdiction varies depending on the context, the message conveyed, and the recipient of the message. This da'wah approach looks quite effective characterized by Increasing Religious Awareness, Verbal da'wah can help individuals understand religious teachings better and increase their awareness of moral and ethical values. Positive Behavior Change, Da'wah can affect behavior change, such as reducing risky behavior, stopping criminal acts, or promoting social kindness and solidarity. The implementation of da'wah can benefit an individual's spiritual growth, help them search for meaning in life, and strengthen their relationship with their religion or belief.]]>
