cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Reski Nofrialdi
Contact Email
nofrialdireski@gmail.com
Phone
+6285263256164
Journal Mail Official
ejrev.info@gmail.com
Editorial Address
JL. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Padang City, Sumatera Barat, Indonesia, 25112
Location
Kota padang,
Sumatera barat
INDONESIA
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 67 Documents
 1   2   3   4   5 
Disparity in Criminal Convictions Against Perpetrators of Criminal Acts of Circulation of Alcoholic Beverages Without Distribution Permits Simarmata, Anthony; Iyah Faniyah
Ekasakti Journal of Law and Justice Vol. 1 No. 1 (2023): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/ejlj.v1i1.5

Abstract

Supervision and Control of Alcoholic Beverages is regulated in Presidential Regulation Number 74 of 2013 concerning Control and Supervision of Alcoholic Beverages.  For the area in this case in Padang City, Control and Supervision of Alcoholic Beverages is regulated in Padang City Regional Regulation Number 8 of 2012 concerning Supervision, Control and Prohibition of Alcoholic Beverages. Based on the Regional Regulation that every circulation of alcoholic beverages must have a permit. In the case reviewed in 2 rulings, the perpetrator distributed alcoholic beverages without a distribution permit. The case has been decided by Decision Number 125/Pid.Sus/2020/PN.Pdg and Decision Number 245/Pid.Sus/2020/PN.Pdg. In the judge's decision, there is a disparity in the verdict. The problem studied is First, What is the Disparity in Criminal Verdicts Against Perpetrators of Criminal Acts of Circulation of Alcoholic Beverages Without Distribution Permits in Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number 245/Pid.Sus/2020/PN.Pdg? Second, How is the judge's consideration in sentencing the perpetrators of the crime of circulating alcoholic beverages without a distribution permit in Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number 245/Pid.Sus/2020/PN.Pdg? The specifics of this study are descriptive analytical. The approach used in this study is a normative juridical approach by conducting in-concreto legal research. The data used in this study are secondary data. All secondary data in the form of primary, secondary and tertiary legal materials obtained from the results of literature research / document studies are then compiled and analyzed qualitatively, and presented in qualitative descriptive form. Based on the results of the study, the discussion andanalysis concluded, First, the Criminal Disparity of Judgments Number 125/Pid.Sus/2020/PN.Pdg and  Number 245/Pid.Sus/2020/PN.Pdg is illustrated through the similarity in the indictment articles given to the defendants in both judgments and there are differences in the prison sentences imposed on each defendant. Second, the judge's consideration in sentencing the perpetrators of the crime of circulating alcoholic beverages without a distribution permit in Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number 245 / Pid.Sus / 2020 / PN.Pdg includes juridical considerations, namely: relating to the elements of the article charged, witness statements, statements of the defendant evidence, and expert statements and non-juridical considerations, namely: matters related to the history and condition of the defendant.
Recognition and Determination of Customary Forests by Indigenous Peoples in the West Sumatra Province Syofiarti
Ekasakti Journal of Law and Justice Vol. 1 No. 1 (2023): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/ejlj.v1i1.10

Abstract

Forests are a natural resource used by communities around the forest to support their lives, including the Customary Law Community or Masyarakat Hukum Adat (MHA). However, various tenurial conflicts are often encountered in forest utilization, such as claims over forest areas. The basis of the problem, which then causes the community around the forest, often conflicts with government policies. However, the issuance of Constitutional Court Decision No.35/PUU-X/2012 provides a form of recognition to MHA in managing forests and determines customary forests as the forest within the territory of MHA. This research will focus on two issues: first, how is the recognition and determination of customary forest by MHA after the presence of the Constitutional Court Decision No.35/PUU-X/2012. Second, how are efforts to recognize and determine customary forests through social forestry schemes in the Province of West Sumatra. To answer the focus of the study, this study used normative juridical research methods with descriptive research specifications and analyzed them through library research. The conclusion of this study is obtained.Forests are a natural resource used by communities around the forest to support their lives, including the Customary Law Community or Masyarakat Hukum Adat (MHA). However, various tenurial conflicts are often encountered in forest utilization, such as claims over forest areas. The basis of the problem, which then causes the community around the forest, often conflicts with government policies. However, the issuance of Constitutional Court Decision No.35/PUU-X/2012 provides a form of recognition to MHA in managing forests and determines customary forests as the forest within the territory of MHA. This research will focus on two issues: first, how is the recognition and determination of customary forest by MHA after the presence of the Constitutional Court Decision No.35/PUU-X/2012. Second, how are efforts to recognize and determine customary forests through social forestry schemes in the Province of West Sumatra. To answer the focus of the study, this study used normative juridical research methods with descriptive research specifications and analyzed them through library research. The conclusion of this study is obtained.
Legal Protection of Drivers in Train Accidents at Crossings Without Door Bars Faniyah, Iyah; Adhiyaksa, Fagher
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): Desember
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/cgvn5756

Abstract

Legal Protection for Machinists in Train Accidents at Crossings Without Door Bars in the Area of PT. Kereta Api Indonesia Persero Divre West Sumatra is based on Article 124 of Law Number 23 of 2007 concerning railways. PT KAI provides protection to machinists by being responsible if third parties can prove from the chronological results of investigations and investigations if it is proven that the machinist really made a mistake that resulted in an accident and caused casualties. Form its legal liability by insuring losses suffered by third parties. In train accidents at crossings without door bars, machinists are not given responsibility alone but are protected by the company.  The legal responsibility of PT Kereta Api Indonesia Persero Divre West Sumatra to victims of train accidents at crossings without door bars is that the security and safety of public road users is not the responsibility of the transportation organizing body, in this case PT. (Persero) Indonesian Railways. The crossing gate bars are not for the security of public road users, but to secure and facilitate train travel alone. Criminal liability by the machinist for train accidents must be seen from the element of guilt and also see the responsible ability of a machinist, if all elements have been fulfilled then the machinist can be held responsible for train accidents. When crossing a crossing, it also bears the risk that if the crossbar is not provided as an adequate facility in limiting road users from passing and allowing the train to pass first. 
Non-Penal Efforts to Prevent Narcotics Crimes to Realize the Solok Clean Drugs (Sonar) Program by The Solok Regency National Narcotics Agency Anshori, Saifuddin; Fitriati
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): Desember
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/ywdce874

Abstract

The National Narcotics Agency of Solok Regency made non-penal efforts with the Solok Clean Drugs Program (Sonar) which was stated based on the Decree of the Head of the National Narcotics Agency of Solok Regency Number: KEP/KPTS/01/BNNK Solok-SLK/2021. Until 2022 in Solok Regency, there are only 5 nagari out of 74 nagari that have declared themselves as drug-clean nagari. This program aims to overcome crime through non-penal efforts that focus on prevention efforts by involving villages / nagari, to realize the Sonar Program is by implementing Three Pillars, namely prevention and community empowerment, eradication, and rehabilitation. In the implementation of these three pillars, what is put forward is prevention and community empowerment and rehabilitation by carrying out activities in the form of mentoring, advocacy, information dissemination in order to strengthen the development of anti-drug insight; Anti-Narcotics Community Empowerment, Community-Based Interventions, Technical Guidance for Anti-Narcotics Enthusiasts, and Rehabilitation Clinic Services However, its implementation in the field has encountered obstacles.
Application of Elements of Criminal Acts of Plantation Land Clearing in National Park Areas by Investigators of the South Coast Police Crime Squad Yovrizal, Ryki; Delmiati, Susi
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): Desember
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/tp5vzf08

Abstract

The South Coast Police Crime Squad conducted an investigation into the crime of carrying out plantation activities without ministerial permission in forest areas. The difficulty of the South Coast Police Detective Investigator is to implement 'Elements in forest areas'. This happened because of the unclear boundaries of the National Park forest area. In the investigation process, the Investigator applied the provisions of Article 17 paragraph (2) letter b Juncto Article 92 paragraph (1) letter a of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction as Police Report Number:  LP/25/A/II/2019/ Res-Pessel dated February 12, 2019. The application of the elements of the criminal act of clearing plantation land in the National Park area consists of subjective elements and objective elements. The subjective element is a person, then what is meant by everyone in this article is the perpetrator as a person who can account  for his actions and the objective element is that his actions are unlawful, namely: "Elements intentionally, elements carrying out plantation activities,  elements without the permission of the Minister and elements dnature forest area". According to investigators, the suspect's actions have fulfilled the formulation and elements of Article 17 paragraph (2) letter b Juncto Article 92 paragraph (1) letter a of Law Number 18 of 2013.
Criminal Responsibility of Defendant in the Crime of Selling Housing Units that Have Not Completed the Status of Land Rights: (Study of Supreme Court Decision Number: 635 K/Pid.Sus/2019) Wibowo, Adhi
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): Desember
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/3189es78

Abstract

The crime of selling a housing unit that has not completed its land title status is regulated in Article 154 of Law Number 1 Year 2011 on Housing and Settlement Areas. The act of selling housing without clear land rights status is very detrimental to the community, especially buyers as consumers who need a house to live in, as happened in Padang City. The criminal responsibility of the defendant who violated this provision was punished with imprisonment for 1 (one) year based on the consideration of the cassation judge in the Supreme Court Decision Number: 635 K/Pid.Sus/2019
Disparity in Authority of the State Administrative Court and District Court in Adjudicating Certified Land Claims Ari, Kurniadi; Darmini Roza; Syofiarti
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): Desember
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/vj3h5n02

Abstract

The title certificate over land is a form of State Administrative Decree, based on Article 1 number 3 of Law Number 9 of 2004 concerning the Second Amendment 2 to Law Number 5 of 1986 concerning the State Administrative Court. Related to that, if there are individuals and legal entities who object to the decision, the objection can be made through a lawsuit to the State Administrative Court based on the absolute compatibility of State Administrative Procurement. There are legal facts, the Sungai Full District Court of Jambi Province accepted, examined, tried and decided objections to the certification further in its decision stating that the certificates of the Defendants were invalid.
Implementation of Discipline Development for the State Civil Apparatus (ASN) as an Effort to Prevent Corruption Mustika Sari, Dini
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): Desember
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/5wmwvx85

Abstract

Article 12 of Law of the Republic of Indonesia Number 5 of 2014 concerning the State Civil Apparatus stipulates that employees in their duties must be clean from corruption, collusion, and nepotism. The implementation of discipline development for the State Civil Apparatus (ASN) as an effort to prevent corruption crimes in the Agam Regency Regional Government is by disseminating to CPNS and ASN regarding anti-corruption behavior. Obligation to submit asset reports reported annually. Strengthening the internal integrity system of government agencies through various regional policies. The policy includes gratification control, conflict of interest handling, community complaint management through the Public Service Complaint Management System-People's Aspiration and Complaint Service (SP4N-LAPOR) channel which has been integrated with central and local government agencies. Control of corruption at the service unit level through the construction of Integrity Zones (ZI). Cooperation with the Central Statistics Agency (BPS) of West Sumatra Province conducts surveys regularly. The routine survey is aimed at determining public perceptions as service recipients regarding service quality and anti-corruption perceptions. Obstacles in the implementation of discipline development for the State Civil Apparatus (ASN) as an effort to prevent corruption crimes in the Agam Regency Regional Government include weak supervision and lack of guidance caused by the high volume of work and activities. The attitude of superiors who are too protective of their subordinates even though their subordinates commit deviations. Inadequate employee welfare factors. ASN is one of the things that must be considered by the Government. It is undeniable that they work to provide for the family. If they feel that their needs cannot be met optimally then they will try to get other jobs (side jobs) to meet their needs.
The Effectiveness of Patrol Implementation by the Padang Police Traffic Unit in Combating Wild Racing Junaidi, Andes; Susi Delmiati; Fahmiron
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/dt33aj19

Abstract

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.
Restorative Justice Approach in Resolving Corruption Cases Based on State Financial Loss Recovery in Indonesia Setyawan, Donny Haryono; Iyah Faniyah; Otong Rosadi
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/e060xt69

Abstract

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).

Page 2 of 7 | Total Record : 67

 1   2   3   4   5 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 2 (2025): December Vol. 3 No. 1 (2025): June Vol. 2 No. 2 (2024): December Vol. 2 No. 1 (2024): June Vol. 1 No. 2 (2023): Desember Vol. 1 No. 2 (2023): December Vol. 1 No. 1 (2023): June Vol. 1 No. 1 (2023)