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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 15 Documents
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Search results for , issue "Vol. 2 No. 1 (2024): June" : 15 Documents clear
Justice In Management, Utilization and Preservation of Local Plant Varieties Susi Irianti, Yuliana Diah Warsiki
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/0wrgrq96

Abstract

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.
Developer Liability for Shophouses In Buildings By Buyers Standing On State-Owned Land Through Building For Turnover (BGS) Nazmi, Didi
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/120nc170

Abstract

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.
Country Boundary Agreement as An Effort to Resolve The South China Sea Dispute Syofyan, Yunita
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/fjebsw40

Abstract

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.
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 Gusman, Delfina
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/h5nt2041

Abstract

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.
Position on The Arrangement of Administrative Sanctions By The KPPU Institution In State Science Alsyam
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/wpj29e97

Abstract

The position of the Business Competition Supervision Commission as a business competition court in imposing administrative sanctions (administration Punisment) to the guilty perpetrator. Looking at the constitutional system in a state institution in Indonesia, it has its own proportional functions in law enforcement. According to Article 36 letter i of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition that "Imposing sanctions in the form of administrative action on business actors who violate the provisions of this Law”. However, according to the provisions of this rule in Article 44 paragraph (2) that "Business actors can submit objections to the District Court no later than 14 (fourteen) days after receiving notification of the decision”. Types of research in legal writing will be carried out using normative legal methods (doctrinal research) or called Studi dogmatic. The research approach uses the Law approach (statue approach), case approach (cases approach), and analytical approaches (analitycal approach).  The research results explain that First, Constitutionally, the KPPU institution, given the task of adjudicating a report, assists the role of the judiciary in enforcing unfair business competition law. This is of course that in state administration there are still different roles in each institutional structure in Indonesia. Second, basically the role of the KPPU institution where the imposition of sanctions is administrative in the sense of carrying out supervision of the Antimonopoly Law based on the specific duties of the Law. Third, The KPPU's position as an independent institution in enforcing business competition law is Punitive  which is given to business actors based on the results of the inspection. The KPPU provides administrative sanctions as a preventive measure against the reported parties who engage in unfair business competition.

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