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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 67 Documents
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Non-Penal Efforts to Overcome Crimes by Verbal Da'wah Putra, Randi Eka; Bisma Putra Pratama
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: 10.60034/8pzx5126

Abstract

This research is a legal research with specifications that are descriptive analytical. The implementation of verbal da'wah as a form of non-penal crime reduction in the jurisdiction of the South Coast Resort Police is to convey religious messages or moral values to others through words and oral communication. Conducted with I'tikaf, Da'wah, Weekly Recitation and Spiritual Flush activities. A persuasive approach by law enforcement officials to the community through activities carried out on community groups. Verbal da'wah is used to promote good deeds and positive activities in society, such as contributing to the general well-being, helping and avoiding harmful behavior. At events such as citizen gatherings, police can convey moral and ethical messages to participants. Giving Advice: Police officers may provide verbal advice to individuals involved in crimes or risky behavior. The impact of the implementation of verbal proselytizing as a form of non-penal crime reduction on the level of crime that occurs in the South Coast Resort Police Jurisdiction varies depending on the context, the message conveyed, and the recipient of the message. This da'wah approach looks quite effective characterized by Increasing Religious Awareness, Verbal da'wah can help individuals understand religious teachings better and increase their awareness of moral and ethical values. Positive Behavior Change, Da'wah can affect behavior change, such as reducing risky behavior, stopping criminal acts, or promoting social kindness and solidarity. The implementation of da'wah can benefit an individual's spiritual growth, help them search for meaning in life, and strengthen their relationship with their religion or belief.
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.
Criminal Liability for Criminal Defendants Participating in Unlicensed Gold Mining Fitriati; Tamsir
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.v1i1.1

Abstract

Broadly speaking, mining business activities carried out without a permit can be subject to criminal charges as well as the criminal act of participating in gold mining activities without a permit has fulfilled the elements of a criminal act and can be subject to criminal sanctions as stated in the criminal provisions of Article 158 of Law Number 3 of 2020  concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining juncto Article 55 paragraph (1) 1 of the Criminal Code and Criminal Procedure Code as a single indictment, as a form of criminal liability. While the consequences of illegal gold mining cause so much damage that occurs both on land and in river flows, caused by the rampant illegal gold mining activities (dompeng) along the river flow. The specification of this study is that it is descriptive analytical research. The approach method used is normative juridical supported by empirical juridical approach. The data used is the secondary data inputted. The data obtained are analyzed qualitatively and presented in an analytical descriptive manner. Based on research and discussion, it can be seen that: First, criminal liability for criminal defendants participating in unlicensed gold mining based on the decisions of the Kuantan Bay District Court Number: 98/Pid.B/LH/2021 and Number: 99/Pid.B/LH/2021, namely imprisonment and fines for the defendant, because they have The fulfillment of the conditions that the defendant can be held criminally responsible, the defendant is sentenced to a criminal sentence in the form of imprisonment for 1 (one) year and a fine of Rp. 800,000,000.00 (eight hundred million rupiah) provided that if the fine is not paid it is replaced by imprisonment for 3 (three) months. Second, the judge's consideration of the decisions of the Kuantan Bay District Court Number: 98/Pid.B/LH/2021 and Number 99/Pid.B /LH/2021 in the crime of unlicensed gold mining, namely the Judge in handing down decisions will consider juridical and non-juridical matters, but in general, Judges in sentencing perpetrators of unlicensed gold mining crimes are more likely to use juridical considerations than non-juridical ones,  as referred to in the decision of the Kuantan Bay District Court Number 98/Pid.B/LH/2021 and Number: 99/Pid.B/LH/2021 in the criminal act of unlicensed gold mining.
The Judge's Consideration of the Defendant's Statement in Imposing a Sentence Against the Security Guard While on Duty Madjid, Neni Vesna; Akbar, Rachmat
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.v1i1.2

Abstract

In Article 184 Paragraph (1) of Indonesian Criminal Code (KUHAP) it is stated that a defendant’s testimony in a trial is not sufficient to prove that the defendant has been guilty of committing a criminal offense without being supported by other evidence. There are various forms of consideration of the judge against the defendant’s testimony in criminal sentencing by the security guard on duty in the Decision Number: 372/Pid.B/2022/PN.Pdg and Decisions Number: 373/Pid.B/2022/PN.Pdg. The issues being studied are First, How is the judge’s consideration of the defendant’s testimony in criminal sentencing by a security guard on duty. (On the Decisions Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/2020/PN.Pdg)? Second, How is the judge’s decisions based on the consideration of the defendant’s testimony in criminal sentencing by a security guard on duty. (On the Decisions Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/ 2020/PN.Pdg)? This study is analytical descriptive research. The approach used in this study was normative juridical approach. The data used in this study were secondary data. All data and materials obtained from the results of the study were prepared and analyzed qualitatively, and presented in a descriptive qualitative form. Based on the results of discussion and analysis it can be concluded that. First, That the judge’s Consideration of the Defendant’s Testimony in Criminal sentencing by the Security Guard on Duty on the Decisions Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/2020/PN.Pdg has covered both juridical and non-juridical considerations. Second, That the decision of the judge Based on Consideration of The Defendant’s Testimony in criminal sentencing by the Security Guard on Duty on The Decisions Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/2020/PN.Pdg is based on the defendant’s evidence and aligned with other evidence such as witness testimony and letters.
Implementation of Medical Rehabilitation and Social Rehabilitation for Addicts and Victims of Drug Abuse Delmiati, Susi; Irsal
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.v1i1.3

Abstract

The implementation of medical rehabilitation and social rehabilitation for addicts and victims of drug abuse by the National Narcotics Agency of Payakumbuh City is for drug addicts who are undergoing judicial proceedings can be placed in medical rehabilitation institutions and / or social rehabilitation. For addicts, both those caught and those through the IPWL program, before rehabilitation is carried out, they will first go through an assessment carried out by an integrated assessment team.  In addition to medical treatment and/or rehabilitation, healing of drug addicts can be organized by government agencies or the community through religious and traditional approaches. The obstacle faced by the Payakumbuh City National Narcotics Agency in the implementation of medical rehabilitation and social rehabilitation of addicts and victims of drug abuse is that the recommendation letter of the integrated assessment team consisting of the medical team and the legal team is only a recommendation. Rehabilitation places in each area have not been fulfilled (none). Weak coordination between law enforcement, health services and social services. Optimization of the implementation of medical rehabilitation and social rehabilitation for addicts and victims of drug abuse at the National Narcotics Agency Payakumbuh City is carried out with counseling, supervision and monitoring, carried out so that victims of narcotics abuse do not return to using narcotics under any conditions by checking periodically for 4 months after completing rehabilitation at BNNK Payakumbuh. Optimization is measured from the results of the rehabilitation and the number of people who participate in rehabilitationRehabilitation participants then no one repeats. This shows that the implementation of rehabilitation has been optimal.
Criminal Law Policy Against Illegal Logging as an Effort to Protect National Forest Areas (Study on Solok Protection Forest Management Unit) Rosadi, Otong; Afrizal, Dedi
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.v1i1.4

Abstract

The criminal act of illegal logging in detail has been regulated in Law Number 41 of 1999 concerning Forestry although the law does not mention the term illegal logging in limitation. In an effort to improve ecological functions and restore natural resource reserves, the West Sumatra Provincial government has made policies to reduce the rate of forest destruction (per year) through efforts to reduce critical land area and maintain forest sustainability, including by protecting forests from illegal logging and forest fires which are the cause of forest destruction. The problems discussed in this study are (1) what is the criminal law policy carried out in the context of preventing and enforcing the law against illegal logging? (2) What efforts can be made to enforce the law against illegal logging? This research is a legal research with analytical descriptive specifications. The approach used is the Normative Juridical approach as the main approach supported by the Empirical Juridical approach. The data used are secondary data and primary data collected through literature studies and interviews. The data obtained are analyzed qualitatively and presented in an analytical descriptive form. Based on the results of the discussion and analysis, it can be concluded that First, the Criminal Law Policy Carried Out in the Framework of Prevention and Enforcement of Illegal Logging Crime is illustrated in the Legal Policy on illegal logging based on Law Number 41 of 1999 concerning Forestry which explains crimes in the forestry sector formulated as stated in Article 50 and Article 78,  However, the so-called forestry crime is not formulated firmly, giving rise to multiple interpretations in some circles. Second, Law enforcement efforts against Illegal Logging crimes that can be carried out are: Harmonizing regional regulations with Law Number 41 of 1999 concerning Forestry, Providing severe sanctions against perpetrators of illegal logging crimes, Improving coordination between fellow law enforcement officials and with other related agencies, Eradicating corruption through the application of Law Number 31 of 1999 as amended by Law Number 20 of  2001 concerning the Eradication of Criminal Acts of Corruption, Entrapping perpetrators of illegal logging crimes integrally (comprehensively), and Increasing the facilities, infrastructure, and operational budget for handling cases of illegal logging.
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.

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