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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 9 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2025): December" : 9 Documents clear
Allegations Of A Cartel In Online Loan Service In The Enforcement of Business Competition Law Zulkifli; Wetria Fauzi
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/7evdb803

Abstract

The regulation of online loan interest rate determination in Indonesia is regulated in the Guidelines for the responsible provision of information technology-based money lending services issued by the Indonesian Joint Funding Fintech Association (AFPI) and the association has the authority based on statutory regulations to determine loan interest rates and other fees for business actors engaged in the online loan service sector. A cartel occurs when several business actors agree to regulate: interest rates, minimum/maximum loan limits, division of marketing areas or control of prospective debtor data. The Business Competition Supervisory Commission stated that AFPI and its members were involved in an alleged online loan interest rate cartel and an investigation has been conducted into the allegation. The investigation has found that there is an agreement to determine online loan interest rates carried out by AFPI and its members and the KPPU has also found 44 reported parties in this case and found evidence to strengthen the allegation including statements from the reported parties, witnesses or experts who have relevance to this case and other evidence. Synergy between institutions and the application of digital monitoring technology are the main keys to preventing the formation of cartels in the online loan sector.
The Role of Arbitration Institutions In Resolution of Investment Disputes In Indonesia (Case Study on PT Ferrostaal AG Against PT. Nusantara III regarding Violation of Joint Venture Agreement) Utama, Nanda
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/tgx3a959

Abstract

Arbitration comes from the word "arbitrare" which means "the power to resolve a case according to policy. From the definition of arbitration, it is a policy indicating that there is a forum for resolving business disputes for parties who are wiser in finding a fair solution. H. M. N Poerwosutjipto uses the term arbitration which can be interpreted as a peace court, where the parties agree that disputes regarding personal rights that they can fully control are examined and tried by an impartial judge and the decision is binding on both parties.   On the other hand, the speed and effectiveness of dispute resolution through arbitration can also be done simply and informally, meaning it can only be determined by the parties to the dispute. The role of arbitration in carrying out legal functions and ensuring justice is seen in its authority, such as its ability to make decisions and encourage peace. The effectiveness of making decisions in dispute resolution through arbitration has been tested and is able to provide a meeting point to reach an agreement without having to sacrifice one of the parties to the dispute. Optimizing the success of dispute resolution through arbitration requires the parties to have a sense of good faith. The results of this study explain that, first, the role of arbitration in business investment disputes can be carried out in the realm of losses from one party in civil law in terms of lost profits and return those profits through the imposition of penalties to pay losses from the respondent itself. Second, the effectiveness of dispute resolution through arbitration forums is able to prove legal facts quickly and accurately so that PTPN III as a local Indonesian company is not proven guilty. In this regard, the arbitration forum is independent and cannot be intervened by any other party except the disputing parties. The author recommends the need for other legal guarantees. Therefore, in relation to this matter, legal, political, and security guarantees must be provided to the maximum by the Indonesian government because these guarantees are what the Indonesian government should offer if there is a desire to attract as many investors as possible.
The Role of Mediators In Resolution of Inheritance Disputes As Reviewed From Supreme Court Regulation Number 3 of 2022 Concerning Mediation Procedures In Court Ulfanora
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/8eaqcp49

Abstract

An inheritance dispute is a dispute that arises between heirs egarding the inheritance left by someone who has died. This conflict is often triggered by disagreements regarding the division of assets, the validity of a will, or determining who is entitled to be an heir. This dispute has a high sensitivity because it involves emotional relationships and close family ties. In the context of its resolution, mediation is a very relevant instrument for inheritance disputes because it can maintain good relations between families. The mediation process provides a constructive dialogue space for heirs to express their respective interests openly. Thus, you can find a fair and mutually acceptable solution without having to go through a lengthy court process. This research is a normative legal research (doctrinal research) with a statutory approach, a conceptual approach, and a case approach. According to Prof. Peter Mahmud Marzuki, normative legal research is a process to find a legal rule, legal principles, and legal doctrines to answer the legal issues faced. The results of this study explain that first,Based on Supreme Court Regulation Number 3 of 2022, the role of a mediator in inheritance disputes is extensive. A mediator acts as a neutral facilitator who not only bridges communication but also explores the root causes and hidden interests. Second, the implementation of this role is based on fundamental principles such as neutrality, confidentiality, and voluntary decision-making. Mediators professionally create a conducive environment for fair and equal negotiations. Third, Overall, Supreme Court Regulation 3/2022 emphasizes that mediation is an effective and humane path to resolving inheritance disputes. The mediator's role is key to transforming destructive conflict into an opportunity to improve family relationships. Therefore, utilizing this mediation mechanism is a wise choice for those seeking a fair, swift solution that maintains the integrity of family ties.
As a result of the legal issuance of the Financial Services Authority Regulation on the Obligation to Fulfill the Minimum Core Capital for the Existence of People's Economic Banks (Study on PT. People's Economic Bank Straightforward Dana Mandiri Padang) Susanto, Arisman; Delmiati, Susi; Arliman, Laurensius
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/yz7wpz50

Abstract

Article 13 of the Financial Services Authority Regulation (POJK) Number 5/POJK/03/2015 concerning Minimum Core Capital Provisions for People's Credit Banks has required all People's Credit Banks to fulfill the minimum core capital of Rp. 6 billion until the deadline ending December 31, 2024. Based on the above provisions, Bank Perkreditan Rakyat which does not have a core capital of Rp. 6 billion must find funds, including by selling its personal assets, looking for new investors and also for shareholders to sell their Bank Perkreditan Rakyat to other parties. The approach of this research is normative juridical supported by empirical juridical juridical The data used in this study are secondary data and primary data in the form of interviews. Based on the results of the research, the discussion and analysis were concluded. First, the legal consequences of the issuance of financial services authority regulations regarding the obligation to fulfill the minimum core capital for the existence of the People's Economic Bank are subject to administrative sanctions in the form of: 1) it is stated that the health level of BPR has decreased; 2) it is forbidden to open an office network; 3) it is prohibited to carry out Foreign Exchange Business Activities and electronic banking device services; 4) subject to restrictions on the area of disbursement of funds to one district that is the same as the location of the BPR office; 5) subject to remuneration restrictions or other forms equivalent to it to members of the Board of Commissioners and/or the Board of Directors of BPR, or in return to related parties, 6) revocation of BPR's operational license. Second, the obstacles faced in the implementation of the Financial Services Authority Regulation on the obligation to fulfill the minimum core capital by the People's Economic Bank are divided into two, namely: legal and non-legal constraints. Legal obstacles are 1) limited BPR business activities, 2) merger efforts (consolidation) can eliminate the historical traces of BPR Lugas Dana Mandiri, 3) takeover efforts have the potential to cause the relocation of BPR business locations, and non-legal obstacles, namely; 1) the financial ability of BPR shareholders, 2) the existence of sectoral egos in BPR merger efforts.
Position and Role of the Secretariat of the Tanah Datar Regency DPRD in the Formation of Regional Regulations for the 2019-2024 Period Dewi, Ira Tri; Roza, Darmini; Helen, Zennis
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/n465bd26

Abstract

This study analyzes the position and role of the Secretariat of the Tanah Datar Regency DPRD in the formation of Regional Regulations (Perda) for the 2019–2024 period and identifies the obstacles faced in the implementation of these functions. The research is descriptive-analytical with a normative juridical approach supported by empirical data through a field study at the Secretariat of the Tanah Datar Regency DPRD, using secondary and primary data that are analyzed qualitatively. The results of the study show that the DPRD Secretariat has a tactical and vital position: technically it is under and responsible to the leadership of the DPRD, while administratively it is under and responsible to the regent through the regional secretary. In the formation of the Regional Regulation, the Secretariat of the DPRD carries out administrative and technical functions which include secretarial management, finance, meeting facilitation, preparation of academic manuscripts, provision of legal opinions, provision of experts, and the archiving and publication of regional legal products based on the attribution authority and mandate given by laws and regulations. The study also found four main obstacle groups, namely the limitation of competent human resources in the field of legislation, lack of technical support facilities and infrastructure, the absence of SOPs and standard legislation timelines, and coordination between institutions that are not optimal, which overall hinder the effectiveness of the functions of the DPRD Secretariat and the quality of regional legislation performance within the framework of regional autonomy.
Police Efforts in Tackling Environmental Crimes Due to Illegal Gold Mining Simbolon, Marlonsius; Fitriati; Pratama, Bisma Putra
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/x0fefx03

Abstract

Illegal gold mining in Manggani, Nagari Koto Tinggi, Fifty Cities Regency, causes serious environmental damage as well as a source of livelihood for the community, so that the countermeasures face ecological and socio-economic dilemmas. This study aims to analyze the role and obstacles of the 50 City Police Satintelkam in overcoming environmental crimes due to illegal gold mining through cross-police cooperation, especially with the Pasaman Police. This research is a legal research with descriptive-analytical specifications using a normative juridical approach supported by empirical data; Secondary data is obtained through literature studies, while primary data is collected through interviews, then analyzed qualitatively. The results of the study show that Satintelkam plays a strategic role in early detection, mapping of actors and networks of cross-regional miners, collecting and disseminating intelligence information, and mobilizing cross-agency cooperation for unlicensed mining control operations. Cross-police cooperation expands the scope of supervision and enables enforcement of illegal gold distribution channels and financiers outside the administrative area of the 50 City Police. However, the effectiveness of countermeasures is constrained by limited human resources and monitoring technology in protected forest areas, the support of some communities for mining as an economic source, indications of collusion between individuals and mining companies, and coordination between institutions that are not optimal. It is recommended to strengthen the capacity of police intelligence, increase sustainable multi-sector coordination, and legal education to the public to realize more effective and equitable enforcement of environmental laws.
Legal Protection for Members in Buying and Selling Digital Assets with the Use of Bitcoin Cryptocurrency on the Indodax Indonesia Trading Platform Saputra, Ilhamda Akmal; Faniyah, Iyah; Madjid, Neni Vesna
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/01t85193

Abstract

This study examines the legal protection of members in digital asset buying and selling transactions with the use of the Bitcoin cryptocurrency on the Indodax Indonesia Trading Platform, in line with the recognition of crypto assets as a legal commodity traded on the Futures Exchange but still weak protection for transaction actors at the practical level. The main problems analyzed are: (1) what is the form of legal protection for members in Bitcoin digital asset buying and selling transactions on Indodax; and (2) what are the obstacles faced by members to obtain legal protection in the transaction. This research is descriptive-analytical with a normative juridical approach supported by empirical juridical evidence, using secondary data in the form of laws and regulations and literature, as well as primary data through interviews and surveys of related parties. The results of the study show that preventive legal protection is realized through the principle of freedom of contract and the legal terms of agreements in the Civil Code, the regulation of the implementation of electronic systems and transactions, the technical regulation of the physical market of crypto assets by Bappebti, the existence of the OJK Investment Alert Task Force, the regulation of technological innovation in the financial sector, and the consumer protection regime that requires the provision of correct and adequate information to members. Meanwhile, repressive legal protection is available through criminal instruments against fraud and misleading information, lawsuits for default for violations of investment agreements, and lawsuits for unlawful acts for aggrieved members. However, the effectiveness of this protection is still hampered by internal constraints in the form of privacy leaks due to weak security protocols, as well as external constraints in the form of low members' understanding of the crypto market, misinformation about traded assets, identity theft and impersonation, and profiteering of PT Indodax's name by irresponsible individuals.
Legal Responsibilities For The Insured Resulting From Delay In Insurance Broker Premium Deposit To The Insurer In The Insurance Agreement Tasman
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/twztm821

Abstract

The provisions for premium payments from insurance brokers to insurers are regulated in applicable laws and regulations. The provisions for insurance brokers to pay premiums to insurers are regulated by Financial Services Authority Regulation Number 70 of 2016 concerning the Implementation of Insurance Brokerage Companies, Reinsurance Brokerage Companies, and Insurance Loss Assessment Companies. The role of Insurance Brokers is quite important for the insured to be able to assist in paying premiums to insurers based on the regulated provisions. This is because insurance premiums in an insurance company are a company necessity in increasing company profits and can cover claims filed by the insured. However, there are problems in the field where late premium payments occur which are not the fault of the insured but rather the fault of the insurance broker who is late and will cause losses to the insured. In this case, the insured has legal remedies so that they can be given a good solution. This research is a legal research with a statute approach and an analytical approach. The results of this study explain that first, the legal efforts made by the insured regarding the dispute between the Insurance Broker and the Insurance Company (Insurer) are a result of the negligence of the insurance broker who did not pay the insured's policy premium. In fact, the insured considers that the Insurance Broker has carried out manipulative information actions as if there was no problem and finally the Policy was canceled unilaterally by the insurer. Second, the Insured did not clearly see the existing facts, especially the unilateral cancellation of the policy by the insurer that it is mandatory to be notified of the reasons for the cancellation. Thus, the insured's legal efforts through the criminal realm are only based on Article 31 paragraph (2) Jo. Article 75 of Law Number 40 of 2014 concerning Insurance. The recommendation is, it would be more appropriate for the appropriate legal efforts chosen by the Insured to be carried out through the Non-Litigation Path. Such as a special insurance dispute resolution forum through the Indonesian Insurance Arbitration Mediation Board (BMAI) which has been mandated through the Financial Services Authority Regulation Number. This aims to prove the alleged actions of the Insurance Broker who has been late in paying premiums due to his negligence to the Insurer. In this way, it will be more effective and independent in resolving civil disputes in the insurance industry.
Integrating the Correctional System into Criminal Procedural Law : An Analytical Study on the Urgency of Legal Reform Afrizal, Riki; Tenofrimer; Arma, Diana
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/w26a8882

Abstract

Corrections is a sub-system within the Indonesian criminal justice system, playing a key role in the treatment of Detainees, Children, and Inmates throughout all stages of the judicial process. However, the correctional functions as regulated under the Corrections Law have not yet been systematically integrated into the Criminal Procedure Code, which serves as the primary legal framework for criminal procedural law. This lack of integration potentially positions corrections as an institution external to the criminal justice system. This study aims to examine the current position of the correctional system within Indonesia’s criminal procedure law, assess the urgency of reforming the Criminal Procedure Code to accommodate the correctional system, and formulate an ideal integration model that aligns correctional functions within the broader criminal justice framework. This research employs a normative juridical method using statutory and conceptual approaches, and analyses them through descriptive qualitative techniques. The statutory approach focuses on an analysis of the Corrections Law, the Criminal Procedure Code, and the Draft of Criminal Procedure Code, while the conceptual approach applies legal concepts such as the correctional system and the criminal justice system. The results of this study highlight the importance of substantive reform in criminal procedural law to reflect integration and synchronisation of correctional roles in supporting the objectives of the criminal justice system. In the reform of the Criminal Procedure Code, it is necessary to regulate the position and function of corrections at the pre-adjudication, adjudication, and post-adjudication stages, particularly regarding the implementation of new types of punishment introduced in the new Criminal Code.

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