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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 10 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2024): December" : 10 Documents clear
Insurance Products as Protection for Debtors Due to Failure to Implement Performance in Business Agreements Utama, Nanda
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/dn4wp544

Abstract

In business protection, there are instruments that are able to anticipate business losses if one party does not carry out what has been agreed. An instrument called insurance. Insurance products according to Article 246 of the Commercial Code (KUHD) are "an agreement whereby an insurer binds himself to an insured, by receiving a premium, to provide compensation to him for any loss, damage or loss of expected profits, which he may suffer due to an unspecified event”. Insurance itself is useful as protection for the insured in the event of expected losses or profits in the future. As is the case in carrying out a contractual relationship, it cannot be guaranteed that it will run smoothly and according to what has been stated in the agreement. At any time, there is the potential that one of the parties to the agreement will not be able to carry out its obligations and this will result in the creditor not fulfilling their performance. This research is legal research (doctrinal research) with a statutory approach, a conceptual approach and an analytical approach. The results of this research explain that First, In a business agreement, the most important thing is that the parties must carry out the provisions to give something, do something or not do something. Second, Insurance itself is financial security for parties interested in running a business so that the business goal of making a profit can be achieved. Third, In cases where debtors fail to carry out their obligations resulting in defaults covered by insurance, it is an ecosystem of mutually beneficial economic circulation with other economic actors.
The Investigation Process of Plantation Crimes in the Production Forest Area Bahri, Afwanul; Ismansyah; Rosadi, Otong
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/fejz4v77

Abstract

Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction regulates the unauthorised use of the area. The investigation process of the criminal offence of plantation in a production forest area by investigators at the West Pasaman Police Satreskrim begins with receiving a report. Plantation activities without a business permit in the Production forest area, in Jorong Pigogah Patibubur Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. After checking the crime scene, it was found that there were palm oil plants aged 1 (one) to 2 (two) years and a wooden hut. Taking the coordinate points shows that the crime scene is included in the production forest area and the reported party cannot show legal legality, so this can be used as preliminary evidence by the investigator. The investigation period was deemed insufficient by investigators to complete the investigation of the case. In addition to running away, the suspects often use the mode of claiming to be indigenous people around the forest. They claim that the land used as a plantation is customary land/customary forest. The obstacles in the investigation process of plantation crimes in production forest areas by investigators at the West Pasaman Police Criminal Investigation Unit are the location of the crime scene which is far from residential areas, the difficulty of reaching the location or crime scene (TKP) to handle criminal cases, the facilities used are still limited as well as the number of members who handle various incidents with the guidance of time all must be fulfilled. The lack of budget makes it difficult to bring in expert witnesses to provide testimony. Experts are needed, especially forest damage experts, legal experts, and planologists. The lack of maximum supporting facilities, such as GPS devices that function to find out the coordinates of the crime scene are only available 2 pieces. This is not proportional to the number of forestry crime cases handled by investigators.
Criminal Responsibility For The Occurring of a Patient Safety Incident In a Health Center Which Results in the Leaving of A Baby's Head in a Mother's Womb Before Birth in the Perspective of Health Law in Indonesia Yandriza; Raspati, Lucky; Elvandari, Siska; Irwan Nanda, Anggun
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/enk4hx15

Abstract

This research was motivated by a mother from Panpajung Village, Modung, Bangkalan, Madura, East Java, reporting a midwife to the police on suspicion of malpractice. The mother lost the baby she was carrying after the baby's head was left in the womb during the birth process at the health center. The explanation of this case is interesting for the author to discuss who should be responsible for it all, and what criminal responsibility is like regarding the occurrence of patient safety incidents at a community health center resulting in the baby's head being left in the mother's womb before birth in the perspective of health law in Indonesia. The death that occurred to the baby is of course the subject of our collective evaluation, while remaining in favor of the aim of criminal law to provide protection against crimes against a person's body and life, and the death that occurred to the baby, of course, is contrary to the mandate of Law no. 39 of 1999 concerning Human Rights regarding: The Right to Life, and the Right to Defend Life, and also contradicts the aim of health law to reduce suffering, prolong life, and accompany patients until the end of their lives. 
Implementation of The Basic Freedom of Contract in Review From The Shariah Alliance Ulfanora
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/9e3rfq97

Abstract

In civil matters, the parties will not be separated from the legal relationship. The legal relationship itself arises when there are rights and obligations of the parties so that what is agreed can be achieved. The parties are given freedom to make a contract. The contract itself must meet both subjective and objective requirements. One of the subjective conditions, which is the agreement between the parties, must be based on the principle of freedom of contract. The basis of freedom of contract according to Article 1338 BW "All legally made agreements are legally binding on those who make them”. The purpose of Article 1338 BW is that the basis for the parties to carry out the contract must be equality, justice, honesty and truth. The meaning of freedom of contract does not mean that the law allows parties to deviate from legal regulations or immoral acts. The Draft Law or what is known as (RUU) Engagements is a draft sub-codification of the national engagement law which previously, sub-engagements were regulated in Book III BW/Perdata. A special codification of contract law regulates sharia contracts as a form of implementing cooperation or business agreements with sharia principles. Therefore, in this article the author will explore the principle of freedom of contract in sharia agreements in cooperation agreements between parties in society. This research is legal research (doctrinal research) with an analytical approach (analytical research), a statutory approach (statues approach), and a conceptual approach (conceptual approach). The formulation of the problem to be studied is as follows, first Basis of Freedom of Contract in Agreements, Second, Freedom of the parties in carrying out the agreement, and third, The application of the basic freedom of contract is reviewed from the sharia alliance. The results of the research explain firstly, freedom of contract in contractual relationships is the essence of individuals being able to carry out the agreements agreed to in the contract as long as they do not conflict with public order and legislation. Second, freedom of contract on a contract must be based on good faith (good faith) the parties and state their wishes (conduct) proportionally. Third, The application of freedom of contract in sharia agreements places greater emphasis on benefits for the benefit of the parties and is not merely individualistic.
Legal Certainty For Investment-Based on Insurance Policy Holders (UNITLINKS) After The Establishment of Alternative Institutions For Financial Services Dispute Settlement (LAPS SJK) Fauzi, Wetria; Zulkifli
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/vrswxd27

Abstract

Legal certainty is a justifiable protection against arbitrary actions which means that someone will be able to get something that is expected under certain circumstances. The problem is How is the legal certainty of unitlink dispute resolution after the establishment of Alternative Dispute Resolution Agency in the Financial Service Sector (LAPS SJK). The method in writing is by using a normative juridical approach. Legal certainty related to institutional certainty has been represented by the existence of this LAPS SJK. LAPS SJK which is an integrated dispute resolution with this dispute resolution will be faster because it has been centralized considering the increasing number of hybrid financial products. The legal basis for the LAPS SJK is regulated in POJK Number 61/POJK.07/2020 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. The urgency of the LAPS SJK is needed because of the current condition of the financial services industry, financial services and products that are hybrid or integrated with each financial service sector. The existence of the LAPS SJK  provides legal certainty in the dispute resolution mechanism. The principles of this institution are independent, fair, effective and efficient and easily accessible.Policyholders should agree with insurance companies to use LAPS SJK in resolving unitlink insurance disputes, because this forum will provide legal certainty by providing fair and objective solutions. OJK and LAPS SJK further socialize the existence of LAPS SJK. As far as possible for dispute resolution when it cannot be reached internally with the insurance company, the parties choose LAPS SJK by ringing the clause in the unitlink insurance policy.
The Position of the Financial Audit Agency in Examining Regional Financial Management and Responsibility of West Sumatra Province Andriani, Henny; Daswirman
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/ffrtbr45

Abstract

State finances are the backbone of a nation's development and play an important role in its economic sustainability. The Financial Audit Agency (BPK), as an independent and autonomous audit institution, is responsible for overseeing financial management and accountability, including at the provincial level, such as in West Sumatra. However, practical challenges hinder its effectiveness. In 2021, the West Sumatra BPK identified twelve problems in the West Sumatra Provincial Government's financial report, involving an outstanding amount of Rp. 12,058,560,000 which has not been handled by officials. Although Article 20 of Law no. 15 of 2004 mandates officials to follow up on audit findings within 60 days. This failure has damaged public trust in the BPK. This research aims to evaluate the role of the BPK in auditing financial management in West Sumatra Province and to explore the implications of unaddressed audit findings for democracy in Indonesia. Through a normative juridical approach, this research analyzes regulatory law and relevant public perceptions of the BPK. The findings show that although the BPK plays an important role, difficulties in enforcing its audit recommendations weaken its authority and affect public trust in democratic governance.
Legal Protection For Notaries By The Notary Honorary Council as A Witness in The Case Of Identity Forgery By The Parties Making The Deed Khairani; Putra Finalo, Argi; Gettari, Trie Rahmi
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/e5zk0q74

Abstract

Notary is a legal profession whose rights and obligations have been regulated in such a way in Law Number 30 of 2004 concerning the Notary Position (hereinafter referred to as UUJN). Where in Article 1 of the UUJN states "Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law". However, in terms of carrying out his professional duties, it is not uncommon for a notary to stumble into legal cases such as being a witness in an authentic deed dispute that he has made due to identity forgery by the parties who made the deed. Therefore, the existence of a Notary as a witness in a court hearing requires legal protection, especially from the Notary Honorary Assembly. Departing from this problem, this study has two problem formulations, First:  What is the Role of the Notary Honorary Assembly towards Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?, Second: What is the Legal Protection for Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?. So to answer these problems, this study uses a juridical-normative research method. The results of this study state that the UUJN has given birth to one of the legal protection instruments for notaries, namely the Notary Honorary Assembly Institution, where one of the main tasks is to give approval or rejection of the request for approval to summon notaries to attend investigations, prosecutions and judicial processes. However, in practice this is still often ignored so that there are many notaries who are harmed by a criminal case.
The State's Obligation to Protect Children's Rights Under National and International Law Miasiratni; Agustini, Sri; Toni Parlindungan, Gokma
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/a3tq5212

Abstract

The state's obligation to protect children's rights is not only based on national law but must also be in line with international commitments. The aim of the research is to analyze the extent to which the state fulfills its responsibilities in ensuring the protection of children's rights in accordance with international provisions, such as the Convention on the Rights of the Child (CRC), and national regulations, such as the Child Protection Law in Indonesia. The research method used is a normative juridical approach with analysis of legal documents, statutory regulations, and literature studies. The research results show that although the international legal framework has been adopted into national law, its implementation still faces various obstacles, including a lack of inter-institutional coordination, limited resources, and a lack of public understanding of children's rights. This journal recommends strengthening national regulations and increasing institutional capacity to ensure more optimal protection of children's rights.
Registration of Transfer of Land Ownership Due to Inheritance in order to Ensure Legal Certainty Redhawati, Desi; Faniyah, Iyah
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/8786zs18

Abstract

Land is the highest value of wealth and is also a source of life. To prevent disputes from occurring, the Government will hold land registration in accordance with article 19 paragraph (1) of the UUPA. The transfer of land rights is the transfer/transfer of land rights from the old right holder to the new right holder. Based on Article 42 paragraphs (1) and (2) of Government  Regulation Number 24 of 1997 concerning Land Registration regulates the obligation of heirs to register the transfer of their rights to the Land Office. But the reality is that there are still many heirs who have not registered their transition eventhough there are clear rules that regulate it. The approach method uses the normative juridical approach as the main approach supported by the empirical juridical approach. Based on the results of the discussion and analysis, it is concluded as follows: First, the registration of the transfer of ownership of land due to inheritance in order to ensure legal certainty, based on the  completeness of the rights, must meet 2 (two) conditions, namely the material condition and the immaterial condition.But in reality, there are still many heirs who have not registered the transfer of their rights. The causative factors include: the level of public education is still low so that there is a lack of legal awareness about the importance of land registration, the cost of managing certificates is expensive, not all heirs have the cost for the transition process, ignorance of land registration requirements and procedures. Second, as a result of the law, there is a transfer of ownership of land because the heirs are the heirs as the holders of the right to get legal protection because materially and immaterially, the rights and obligations of the heirs are directly transferred to the heirs.
Dispute over Customary Land of the Bodi Sapik Clan, Certified Without the Permission of the Mamak Kapalo Waris and Its Settlement in Jorong Baruah, Tanah Datar Murniwati, Rahmi; Utama, Nanda; Wahyudi, Reza
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/42bpvp84

Abstract

Land disputes arise from conflicts of interest over land. Communal customary land is one type of land that is often disputed. One such dispute over communal customary land belonging to the Bodi Sapik clan occurred in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency. In this case, the communal customary land was certified without the permission of the head heir. West Sumatra Regional Regulation No. 7 of 2023 on Communal Customary Land states that the head heir is the leader of the communal customary land. Furthermore, Article 13 stipulates that the management and utilization of communal customary land is carried out by the head heir based on consensus with the clan members. Therefore, a study is needed with the following research questions: 1) Why did the defendant not seek prior permission from the head heir before certifying the Bodi Sapik clan's communal customary land? 2) How was the certification process of the Bodi Sapik clan's communal customary land carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency? 3) How was the dispute over the certification of the Bodi Sapik clan's communal customary land, which was carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency, resolved? This research uses an empirical juridical method with qualitative analysis. Based on the analysis and discussion, the results of this study show that the reason the defendant did not seek permission from the head heir when certifying the Bodi Sapik clan's communal customary land was because it was not the defendant who registered or certified the communal customary land, but rather the defendant's older brother, Jhond Kennedy, and because the defendant had not yet received his share of the inheritance and was trying to protect the inherited property. Meanwhile, the certification process of the Bodi Sapik clan's communal customary land in Jorong Baruah, Nagari Padang Magek, was carried out in 2000 when the defendant's older brother was the village head and there was a National Agrarian Operation Project (Prona) which authorized village governments to issue land ownership certificates (sporadik). This sporadik was used as the basis for land registration (issuance of a communal customary land certificate) at the Tanah Datar Regency Land Agency office. Furthermore, the dispute over the Bodi Sapik clan's communal customary land was resolved through negotiation, followed by mediation at the Tanah Datar Police Station, Batusangkar District Court, and finally at the Padang State Administrative Court.

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