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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. 3 No. 1 (2025): June" : 10 Documents clear
Coordination of Supervision of Violations of Excess Tonnage in Goods Transportation Zamrinaldi; Pratama, Bisma Putra
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/sg26vk36

Abstract

Article 19 Paragraph (2) of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates Road Grouping according to the class of Roads and vehicles that can pass through it.  Coordination in the supervision of excess tonnage violations in freight transportation between the Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency is carried out with functional supervision. Establishing supervision standards to assess the object of supervision to see which things or parts are wrong or violations. Supervision of the use of public roads on overloaded vehicles in Sijunjung district, Sijunjung Police Satlantas and  the Land Transportation Management Center Region III of Sijunjung Regency. The implementation of supervision coordination between the Sijunjung Police Traffic Police and the Land Transportation Management Center Region III of Sijunjung Regency obtained the results of supervision that has been carried out in 2023 that out of 19,543 vehicles, there were 1,632 vehicles that committed violations consisting of 1,618 capacity violations, 14 vehicles committed dimensional violations. The obstacles faced by the Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency in the implementation of supervision coordination for violations of excess tonnage, including facilities, and insufficient Human Resources (HR) are reviewed from the aspects of quantity and quality. The limitations of surveillance patrols, the limited cargo terminals/unloading locations make it more difficult for supervisory implementers to provide firmer corrective actions (sanctions).
The Effectiveness of the Implementation of the Electronic Ticket System on Public Legal Awareness in Traffic Mendrofa, Bezaliel; Fitriati
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/9jtq3e86

Abstract

Article 272 of Law Number 22 of 2009 concerning Road Traffic states that to support activities to enforce violations in the field of Traffic and Road Transportation, electronic equipment can be used.  This research is a legal research with descriptive analytical specifications. The implementation of the electronic ticketing system by the West Sumatra Police Traffic Directorate has been carried out using electronic technology in supervising and enforcing traffic issued by the police using CCTV aids. Electronic ticketing has been implemented around 2021 in the jurisdiction of the West Sumatra Police. During the implementation of E Tilang in the West Sumatra Police Jurisdiction, traffic units have experienced disturbances. The obstacle in the implementation of the electronic ticketing system by the West Sumatra Police Traffic Directorate is the lack of integration of data owned by each LLAJ supervisor and Regional Government in the Traffic and Road Transportation Information and Communication System, making it difficult for the National Police. The violation recorded by the camera sensor is the license plate which is then read by the Automated Number Plate Recognition (ANPR) software which then physically matches the vehicle with data from the registration and identification database of the motor vehicle. The effectiveness of the implementation of the electronic ticketing system on the legal awareness of the public in traffic in the jurisdiction of the West Sumatra Police Traffic Directorate is not yet effective because there are still many mistakes that occur in detecting vehicles that violate traffic through the electronic camera and there are still many traffic violations. ETLEs have not been able to effectively detect violations, they are more likely to obey traffic rules if there are traffic officers standing on the road. Awareness of the possibility of serious legal consequences will help suppress offending behavior.
Challenges of Legal Consultants in Handling Law in The Capital Markets Sector Utama, Nanda
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/x8zsan27

Abstract

The financial sector in the capital market has become a favorite for investors to be able to invest in Indonesia. Capital market activities are the main spearhead in improving the welfare of the people in Indonesia, of course it cannot be separated from the main actors, especially legal consultants regarding regulations that can protect the interests of foreign and local investors. The role of this profession is very important in carrying out capital market mechanisms because this profession will determine and/or help the smooth running of capital market activities in Indonesia. The smooth running of capital market activities does not only depend on regulators, but investors who invest actually need a legal profession, namely legal consultants, to ask for legal considerations before making decisions. However, looking at increasingly complex legal events, there are certainly challenges for capital markets legal consultants to handle them. This research is legal research with a statutory approach, analytical approach and conceptual approach. The results of this research explain firstly, the role of legal consultants in the capital market directs investors to avoid or minimize legal losses in the future. The role of legal consultants is also to remind investors to carry out due diligence on shares to be purchased or executed. Legal consultants or those included in the definition of capital market supporting professions have the role of providing opinions or information (legal opinion). Second, the main basis of legal consultants in the capital markets is to provide legal opinions for investors as a form of legal consideration. However, legal consultants who carry out legal handling in the capital market must not only really understand the ins and outs of the capital market and the legal aspects of the capital market, but must also be able to carry out their duties honestly and have high credibility. Third, the challenge for legal consultants in the capital market is to maintain integrity and protect the interests of clients from parties who will harm the client in order to gain unilateral profits. It is indeed quite vulnerable to handling by capital market legal consultants because insider trading often occurs so that small investors often experience losses in both material and non-material aspects. Therefore, there is a need for the government to form legal consultants for the Capital Market with statutory legal products. In this regard, the author assesses that the legal consultant profession in the capital market requires special regulations regarding a code of ethics in order to maintain integrity in carrying out its duties as a provider of legal opinions for investors as well as its clients.
Delegation of Authority From The General Court to the Shariah Court in Nanggroe Aceh Darussalam Province Alsyam; Yandriza; Zulkifli
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/mc5q7e03

Abstract

Law enforcement carried out by the Aceh Syar'iyah Court cannot be separated from the bureaucracy which is one of the vehicles in the implementation of judicial power. Bureaucracy is a determining factor in the success of the entire program agenda including in the framework of realizing a clean and free judicial apparatus from KKN so that the bureaucrats in the Aceh Syar'iyah Court can realize good governance (good governance). The Aceh Syar'iyah Court in carrying out all activities related to the interests of the Appellate Court, both administrative, financial and organizational in nature, is obliged to be accountable for the implementation of its duties, functions and roles in the management of resources, and sources of funds and authorities entrusted to the public referring to the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: MA / SEK / 07 / SK / III / 2006 concerning the Organization and Work Procedures of the Secretariat of the Supreme Court of the Republic of Indonesia, the Supreme Court of the Republic of Indonesia as one of the state / government institutions in accordance with the Decree of the People's Consultative Assembly Number: XI / MPR / 1998 concerning the Implementation of a Clean and Corruption-Free State, Collusion and Nepotism and Presidential Instruction Number: 7 of 1999 concerning Accountability of Government Agency Performance. The legal research method is a systematic way of conducting research. Normative legal research uses normative case studies in the form of legal behavior products, for example reviewing laws. The results of this study explain that first, the Syar'iyah Court only carry out its functions within the scope of the authority of the Religious Court in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, sadaqah and sharia economy, whereas criminal matters are only limited to matters alcohol(liquor), solitude (pervert),gambling(gambling). Second, the authority of the Sharia Court is no longer limited to certain civil matters, but also covers the fields of mu'amalah and jinayah. However, in fact, the laws and regulations concerning the duties of the Sharia Court are still incomplete and thisThis is one of the problems faced. While Law Number 48 of 2009 no longer explains about the Syar'iyah Court until the position and the authority of the Sharia Court in Aceh becomes unclear
Protection ff Human Rights Based on The International Covenant on Economic, Social and Cultural Rights Magdariza
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/xjy1sp07

Abstract

Human Rights which are naturally given by Allah since the birth of every human being into the world, as a right that cannot be changed and revoked by any power. The implementation of human rights must be in accordance with the applicable legal rules within the scope of the international community and the national community in a country. Various applicable international legal rules related to human rights that initiated by the United Nations are already owned by the international community, starting from the establishment of the Universal Declaration on Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Economic, social and cultural rights include the right to work, the right to earn wages and the right to participate in trade unions, social related human rights, for example the right to social security, the right to housing and the right to education and cultural rights are rights related to the culture owned by a society or traditional culture.
Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences) Afrizal, Riki; Tenofrimer; Arma, Diana
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/7x177n34

Abstract

The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
Legal Protection of Women as Victims of Sexual Harassment Through Electronic Media in Indonesia's Positive Law Bakhti, Nur Tania; Madjid, Neni Vesna; Fahmiron
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/v2ys5127

Abstract

Sexual harassment through electronic media is one of the human rights violations. The crime of sexual harassment through electronic media is regulated in existing laws and regulations in Indonesia, such as Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, and Law Number 12 of 2022 concerning the Crime of Sexual Violence. The approach used is Normative Juridical. The position of women as victims of sexual harassment through electronic media is that women are objects or victims who receive sexual harassment through electronic media, because women are always considered weak and easier to get harassment treatment. Legal protection for women as victims of sexual harassment through electronic media according to positive laws in Indonesia, namely, still has shortcomings and can even ensnare victims into perpetrators.
Prevention of Criminal Acts of Forgery of Motor Vehicle Owners' Books through Blocking the Electronic Registration Identification (ERI) System Syamer, Oki Saputra; Delmiati, Susi
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/xkymeb37

Abstract

This research is a legal research with descriptive analytical specifications. The blocking action by the West Sumatra Regional Police Directorate as an effort to prevent the misuse of the motor vehicle owner's book is a proactive step in efforts to prevent the misuse of BPKB, especially in the context of violations of the law such as fraud, document forgery, and other criminal acts. The process of blocking action is that the vehicle owner, the police, the leasing institution, or an interested third party (such as a legal institution or court) can apply for a blocking. After receiving the application, the Directorate will verify the completeness and validity of the documents submitted. The block will be recorded in the system. A block can be removed if the legal or administrative issues that led to the block have been resolved. This blocking makes a significant contribution to narrowing the space for criminals who try to use fake BPKB for various illegal acts. Obstacles in preventing the misuse of motor vehicle owners' books with blocking by the West Sumatra Regional Police Directorate are the lack of public knowledge related to the importance of extending vehicle documents, lack of coordination between financing institutions (leasing) and the West Sumatra Regional Police Directorate in reporting vehicle data that must be carried out in the blocking process. This slows down the handling of cases and the removal of blocks for vehicles that have resolved legal or administrative problems. The implementation of the validity of BPKB and the blocking of BPKB must be through the Regident ranmor application system. This happened because the West Sumatra Regional Police Directorate received many cases related to fake BPKB and the leasing party also did not submit a confirmation and block of BPKB at the West Sumatra Regional Police Directorate.
Judge's Consideration of Evidence in the Crime of Illegal Access Firdaus; Pratama, Bisma Putra
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/q6ktxr03

Abstract

The approach used is the Normative Juridical approach. The data used is secondary data collected through literature studies. The proof by the judge of the crime of illegal access in Decision Number 62/Pid.Sus/2020/PN Pti and Decision Number 10/Pid.Sus/2021/PN Pli is by means of evidence and corroborated by the judge's conviction through a criminal justice process. To determine that a criminal act has occurred, law enforcement officials must prove that the suspect has met the criminal elements suspected or charged. The evidence used is electronic documents and electronic information. The electronic documents in decision number 62/Pid.Sus/2020/PN Pti are print out data systems in the form of IMEI and MAC Address, printout transaction data and transaction data by the Shoppe seller account (seller) while in decision number 10/Pid.Sus/2021/PN Pli is 1 (one) bundle of printed credit delivery transaction reports through the Digipos application and 1 (one) sheet of screenshot prints of the DigiPos account. Application of Criminal Procedure by Judge where the defendant has been legally and convincingly proven guilty of committing a criminal act "Participating in deliberately and without the right to access the Electronic System belonging to another person in any way." Regarding the Crime of Illegal Access In Decision Number 62/Pid.Sus/2020/PN Pti, the judge sentenced  the defendants to imprisonment for 9 (Nine) months each and a fine of Rp.100,000,000,000 (one hundred million rupiah) each with the provision that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months each and Decision Number 10/Pid.Sus/2021/PN Pli judge impose a penalty on the Defendant therefore with a prison sentence of 2 (two) years and 6 (six) months and a fine of Rp300,000,000.00 (three hundred million Rupiah) with the provision that if the fine is not paid, it will be replaced with imprisonment for 6 (six) months.
The Effectiveness of the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the Security Level of the Padang-Sicincin Toll Road Construction Kurnia, Yossa Indra; Rosadi, Otong
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/kvr4ns29

Abstract

This research is a legal research with descriptive analytical specifications. The performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road is to maintain the safety of vital objects around the toll road and ensure the safety of workers and construction facilities so that the construction process is not disrupted. Conducting regular escorts at several conflict-prone points, especially in areas that reject toll road traffic. Crime prevention in the project area. Obstacles in the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road include limited personnel with special competencies to handle complex disturbances, lack of supporting facilities, such as modern communication equipment and patrol vehicles. Lack of coordination between the police and related institutions. Unclear procedures in handling conflicts. The effectiveness of the performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the level of security of the construction of the Padang-Sicincin Toll Road has been effective as seen from the success of placing personnel to carry out routine patrols and supervision throughout the project. Success anticipates social conflicts, crime, and environmental protests. Successful physical security, solid coordination.

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