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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 73 Documents
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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.
Position on The Arrangement of Administrative Sanctions By The KPPU Institution In State Science Alsyam
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/wpj29e97

Abstract

The position of the Business Competition Supervision Commission as a business competition court in imposing administrative sanctions (administration Punisment) to the guilty perpetrator. Looking at the constitutional system in a state institution in Indonesia, it has its own proportional functions in law enforcement. According to Article 36 letter i of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition that "Imposing sanctions in the form of administrative action on business actors who violate the provisions of this Law”. However, according to the provisions of this rule in Article 44 paragraph (2) that "Business actors can submit objections to the District Court no later than 14 (fourteen) days after receiving notification of the decision”. Types of research in legal writing will be carried out using normative legal methods (doctrinal research) or called Studi dogmatic. The research approach uses the Law approach (statue approach), case approach (cases approach), and analytical approaches (analitycal approach).  The research results explain that First, Constitutionally, the KPPU institution, given the task of adjudicating a report, assists the role of the judiciary in enforcing unfair business competition law. This is of course that in state administration there are still different roles in each institutional structure in Indonesia. Second, basically the role of the KPPU institution where the imposition of sanctions is administrative in the sense of carrying out supervision of the Antimonopoly Law based on the specific duties of the Law. Third, The KPPU's position as an independent institution in enforcing business competition law is Punitive  which is given to business actors based on the results of the inspection. The KPPU provides administrative sanctions as a preventive measure against the reported parties who engage in unfair business competition.
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.

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