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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 92 Documents
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Police Efforts in Tackling Environmental Crimes Due to Illegal Gold Mining Marlonsius Simbolon; Fitriati; Bisma Putra Pratama
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
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 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)
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 Riki Afrizal; Tenofrimer; Diana Arma
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
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.
Ethical Imperatives and Legal Frameworks in Standard Precautions Compliance: A Comprehensive Health Law Perspective from Indonesia Noer Triyanto Rusli
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/51823g76

Abstract

Standard precautions (SPs) are foundational to infection prevention and control, protecting both healthcare workers and patients from healthcare-associated infections (HAIs) and occupational exposures. Beyond clinical necessity, SP adherence represents a moral obligation grounded in the bioethical principles of autonomy, beneficence, non-maleficence, and justice. Furthermore, it is a strict legal mandate under national and international health laws. In low- and middle-income countries, compliance remains inconsistent due to structural, resource-related, and cultural barriers. This article analyzes SP compliance among nurses at a tertiary hospital in Palembang, Indonesia, through the comprehensive lens of medical law, occupational safety regulations, and bioethics. A normative legal and ethical analysis reveals breaches in all four bioethical principles, especially justice, due to inequitable personal protective equipment (PPE) allocation. This article argues that inadequate SP implementation exposes healthcare institutions to significant legal liability, including claims of medical negligence and violations of occupational health rights under Indonesia's Health Omnibus Law (Law No. 17 of 2023). By integrating comparative legal frameworks and analyzing potential tort liabilities, this article demonstrates that hospitals must embed ethical reasoning into infection control policy, ensure equitable resource distribution, and provide regular ethics-informed training to fulfill their legal duty of care and foster a culture of safety.
Criminal Liability for Doxing Perpetrators as a Form of CrimeCyber ​​Crime: A Study of Criminal Law in Indonesia Anfathurrahman M. Thohari; Faisal Abdaud; Huzaiman
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/dsvbx789

Abstract

Cybercrime is a crime or illegal activity committed through electronic networks, particularly the internet, with cross-border characteristics and is difficult to trace. The rapid development of information technology has led to an increase in the complexity and quantity of cybercrimes, one of which is doxing, namely the act of spreading someone's personal data without permission through digital media that can cause material and immaterial losses to the victim. In the context of Indonesian law, doxing can be qualified as a crime based on laws and regulations governing information and electronic transactions and personal data protection. Law enforcement against perpetrators is carried out through the imposition of criminal sanctions in the form of imprisonment and/or fines as a form of accountability for the actions committed. This study aims to analyze the effectiveness of implementing criminal sanctions against doxing perpetrators in order to reduce the number of cybercrimes and prevent the repetition of criminal acts (recidivism). The research method used is normative juridical with a legislative and conceptual approach. The research results show that even though regulations are in place, the effectiveness of law enforcement still faces various obstacles, such as limited law enforcement capabilities, lack of public awareness, and faster technological developments than regulations. Therefore, it is necessary to optimize law enforcement, increase digital literacy, and update adaptive regulations to address doxing crimes more effectively.
Juridical Review of Bawaslu's Authority in Handling Digital Disinformation in Elections in Indonesia Rizal Al Mugni; Demson Tiopan
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/y53shw16

Abstract

This study aims to analyze the authority of the General Election Supervisory Agency (Bawaslu) in handling digital campaign disinformation in elections in Indonesia based on the applicable legal provisions. The research method used is a normative juridical method with a legislative and conceptual approach. The results of the study show that the authority of Bawaslu in supervising digital campaigns has been regulated in Law Number 7 of 2017 concerning General Elections, especially in the aspect of supervision and handling of administrative violations. However, in practice, the handling of digital campaign disinformation does not only involve Bawaslu, but also other agencies according to their respective authorities. Therefore, handling disinformation requires coordination between institutions so that it can run effectively. This research also shows that strengthening the authority of Bawaslu is not interpreted as adding new authority, but as an effort to optimize the implementation of existing authority through strengthening coordination, adaptive supervision mechanisms, and improving preventive functions. Thus, Bawaslu has a strategic role as a supervisor as well as a liaison in supporting the handling of digital campaign disinformation within the applicable legal framework.
The Paradox of Freedom of Expression: An Evaluation of the Implementation of the ITE Law from a Human Rights Perspective in Indonesia Amelia Puspita; Melyana
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/fbvp1504

Abstract

This study aims to analyze the impact of the implementation of ambiguous provisions in the Electronic Information and Transactions Law (EIT Law) on freedom of expression, and to evaluate them based on human rights principles. The research method employed is a normative legal approach, with data collected through a literature review of secondary sources. The results of the study indicate that the existence of “vague” provisions such as Articles 27, 28, and 29 of the EITL creates legal uncertainty and triggers a chilling effect in society. Inconsistent law enforcement that frequently disregards the principle of due process of law leads to the criminalization of public criticism, which contradicts the international standards of the ICCPR. The conclusion of this study emphasizes the need for regulatory reform through the reconstruction of norms in accordance with the principle of lex certa and the prioritization of the ultimum remedium approach. The transformation of digital law must be able to integrate human rights values to ensure a balance between public stability and the protection of democratic aspirations.  
Comparative Implementation of the Free Nutritious Meal Program in Public and Private Schools as a Form of Social Justice Andi Meiky Al Paris; Citra Abriyanti Octavia Sitorus; Oksep Adhayanto
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/8fkb8486

Abstract

This study aims to analyze the implementation of the Free Nutritious Meal Program (Program Makan Bergizi Gratis/MBG) in Indonesia through the lens of social justice, with a comparative focus between public and private schools. Employing a normative juridical research method with a qualitative descriptive approach, the findings reveal that the current MBG distribution pattern remains universal and institution-based, without differentiating students' economic conditions. This results in an imbalance of effectiveness: the program is considered highly targeted and produces significant impact in public schools, which serve students from diverse socioeconomic backgrounds, yet risks being poorly targeted and generating budgetary waste in private schools predominantly attended by students from affluent families. The study concludes that although an equality-based approach has been achieved, the substantive social justice principle of equity has not been fully realized. Consequently, policy evaluation is needed to shift the distribution of assistance toward a need-based approach, ensuring more effective, efficient, and purposeful resource allocation for vulnerable groups.
Regulation of Trade in Communication Services in the Framework  of the General Agreement on Trade in Services (GATS) in Indonesia: A Study on the Practice of Perum LKBN Antara Frislidia Fatria; Zainul Daulay; Delfiyanti
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/1ssg1a32

Abstract

The GATS, or General Agreement on Trade in Services, is set out in Annex 1B of the WTO Agreement, which sets out the rules and principles that member states must follow in trade in communication services. Perum LKBN Antara assigned by the State, based on article 1 paragraph 3 of the GATS, the services provided by Antara fall within the scope of the exemption of services provided in the implementation of government authority, namely services that are not supplied commercially or competitively. Antara's business practices are also subject to gradual liberalization as stipulated in Articles IV and XIX of the GATS, namely communication services are adjusted to national policy objectives. The formulation of the problem in this thesis is how to apply the principles in GATS to the communication services sector in the laws and regulations in Indonesia, how to implement the principles of GATS in Indonesia, especially in the communication services sector in relation to the LKBN Antara Regulation in the face of the liberalization of the communication services sector. The purpose of the research is to review and analyze the regulation of trade in services within the framework of GATS in the communication sector as well as to examine and analyze the practice of trade in communication services in Indonesia through Perum LKBN Antara. This study uses an empirical juridical approach with primary data through interviews with officials of Perum LKBN Antara, and secondary data obtained from the study of legal documents and related literature. The practice of Perum LKBN Antara and regulating its rights and obligations is Law Number 7 of 2014 concerning Trade, Law (UU) Number 1 of 2024 concerning Information and Electronic Transactions (ITE Law), and Article XVI and Article XVII of the GATS regulating the service sector as well as Law of the Republic of Indonesia No. 40 of 1999 concerning the Press, Law Number 32 of 2002 concerning Broadcasting,  Government Regulation Number 40 of 2007 concerning Public Companies (Perum) of the Antara National News Agency.
Juridical Analysis of Flood Disaster Management and the Role of the Community in the Villa Patumbak Permai Housing Complex, Jalan Pelajar Marindal 1, Patumbak District, Deli Serdang Regency Dewi Robiyanti
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/x8z5ax42

Abstract

The flood disaster that hit the Villa Patumbak Permai Housing Complex, Jalan Siswa Marindal 1, Patumbak District, Deli Serdang Regency, had a significant impact on the social and economic life of residents. This study aims to analyze the juridical aspects of flood disaster management in the location and examine the role of the community in post-disaster mitigation and recovery. The research method used is normative and empirical juridical, with primary data in the form of field documentation and direct observation, and secondary data in the form of laws and regulations related to disaster management (Law Number 24 of 2007). The results show that despite the regulation, its implementation in the field still faces challenges, especially in terms of response speed and long-term recovery. However, the very active role of the community, as evidenced by the existence of the Citizen Post and solidarity in distributing aid and mutual cooperation to clean up the environment, is a crucial factor in reducing the impact of disasters. This study concludes that synergy between disaster management law enforcement and active community participation is needed to create regional resilience to disasters.

Page 8 of 10 | Total Record : 92

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