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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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The Legality of Transmigrant Land Evictions from a Constitutional Law Perspective Agung Mubarak; Multi Sri Asnani; Dirawati
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/mtqx7a54

Abstract

The transmigration program is a strategic instrument of the state within the Welfare State framework that aims to equalize development and the welfare of the people. However, in its implementation, agrarian conflicts often occur in the form of evictions of transmigrant land for infrastructure development or other strategic projects. The problem becomes complex when the government unilaterally categorizes uncertified transmigration land as free state land, thereby ignoring the constitutional rights of citizens. The purpose of this study is to analyze the legal status and constitutional guarantees for transmigrant land and to test the legality of these evictions in terms of the principles of the rule of law and the General Principles of Good Governance (AAUPB). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that transmigrant land rights are a manifestation of Article 28H paragraph (4) and Article 33 paragraph (3) of the 1945 Constitution, which have the status of vested rights (rights that have been born) since the legal placement by the state was carried out. The absence of a land ownership certificate is not a legal basis for evictions, but rather a form of maladministration and state negligence in carrying out the certification mandate as mandated by the Transmigration Law. The unilateral eviction of the land has been proven to violate the principles of accuracy and legal certainty in the AAUPB and indicates an abuse of authority (detournement de pouvoir). The conclusion of this study emphasizes that the government is obliged to carry out collective certification progressively and prioritize equal deliberation to ensure legal certainty and the dignity of the Indonesian rule of law
Analysis of Legal Certainty and Protection for Investors for Investment Refunds in Commercial Property Sale and Purchase Agreements Ribel Sri Pipit Putri Zega; Muhammad Arif Prasetyo; Rodiatun Adawiyah
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: 10.60034/752tt337

Abstract

This study aims to analyze legal certainty and protection for investors for the return of investment funds in commercial property sale and purchase agreements, as well as examine the judges' legal considerations in Supreme Court Decision Number 5648 K/Pdt/2025. The research uses normative legal methods with legislative, conceptual, and case approaches. The source of legal materials consists of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that legal certainty for the return of investment funds has a juridical basis in the Civil Code through the principles of pacta sunt servanda, default, compensation, and cancellation of agreements. Legal protection for investors can be provided preventively through clear agreements, examination of the legality of objects, and security of funds, and repressively through default lawsuits, refund demands, compensation, and the implementation of court decisions. Supreme Court Decision Number 5648 K/Pdt/2025 applies the principle ne bis in idem because of the similarity of subjects, objects, and subject matter with previous disputes that have permanent legal force. The application of this principle provides legal certainty and prevents repetition of cases, but has implications for the closure of investors' opportunities to refile investment refund claims. Therefore, investor prudence and strengthening regulations in the commercial property sector are needed to ensure more effective legal protection.
The Effectiveness of Traditional Mediation as an Alternative for Resolving Family Disputes in the National Legal System Roziqin; Answar; Harry Tuhumury; Najamuddin Gani; Zonita Zirhani Rumalean
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: 10.60034/3pdrqx59

Abstract

Customary mediation is a dispute resolution mechanism based on local wisdom values ​​that has long been practiced in Indonesian customary law communities, particularly in resolving family disputes. This study aims to analyze the effectiveness of customary mediation as an alternative for resolving family disputes within the national legal system, identify the structural and cultural barriers encountered, and formulate an appropriate integration model between customary law and state law. This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The results show that customary mediation has proven effective in creating post-dispute relational harmony and has a high level of compliance because it is based on communal agreements respected by all parties. However, customary mediation faces challenges in terms of legal certainty, guaranteeing the protection of individual rights, and formal recognition in the judicial system. Integrating customary mediation into national law through a structured legal pluralism mechanism is a strategic step to strengthen access to justice for indigenous communities.
The Incompatibility of the European Union Deforestation Regulation with Trade Liberalization Anthonio Bimo Raditya; Lewiandy
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/baexkk78

Abstract

The European Union Deforestation Regulation (EUDR) is an environmental policy aimed at ensuring that agricultural and forestry commodities entering the European market are free from deforestation practices. While designed to support global sustainability, its implementation poses significant challenges for developing countries, particularly Indonesia, which heavily relies on exports of commodities such as palm oil, rubber, coffee, and cocoa. This study aims to analyze the implications of EUDR on international trade relations and its compatibility with the fundamental principles of the World Trade Organization (WTO), including most-favoured nation, national treatment, and trade liberalization. Using a qualitative normative approach, this research examines relevant legal frameworks, policy documents, and secondary data. The findings indicate that EUDR imposes complex administrative requirements, such as geolocation verification, supply chain traceability, and comprehensive due diligence, which disproportionately burden smallholders and medium-scale enterprises. Furthermore, the regulation potentially reflects elements of green protectionism, creating trade distortions and reducing the competitiveness of Indonesian commodities in the global market. In conclusion, while EUDR promotes environmental sustainability, it may conflict with fair trade principles and hinder market access for developing countries. Therefore, it is recommended that policymakers strengthen domestic readiness, enhance support for smallholders, and pursue diplomatic engagement to ensure fair and balanced trade practices.
A Study on the Application of Restorative Justice in the Settlement of Defamation Crimes Based on Customary Law, Especially the Toba and Karo Batak Customs Kartina Pakpahan; Desi Leolinta Br. Karo; Timothy Gilbert Sagala
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: 10.60034/2dnbhk61

Abstract

This study examines the application of the restorative justice approach in the Batak customary law system as an alternative mechanism in restoring justice in criminal cases. The focus of the study is to identify the relevance of Batak indigenous values, including the Toba and Karo Batak, to the principles of restorative justice and to identify various challenges and opportunities in the process of their integration into the national legal system. Studies show that the concept of restorative justice has fundamentally taken root for the Batak people, because values such as relationship restoration, deliberation, and peace have long been practiced through the principles of Dalihan Na Tolu and the Pupur Sage tradition. Dispute resolution in indigenous peoples is carried out through a deliberative forum involving indigenous leaders, parties to the dispute, and family elements, with the aim of creating a balanced consensus and reconciling disturbed harmonization. The customary sanctions applied are generally corrective and educational, for example, apologies or accountability, in line with the restorative justice pillar that prioritizes the healing of the victim as well as the moral accountability of the perpetrator. Nevertheless, the implementation of customary norms still encounters juridical obstacles, especially regarding the lack of legitimacy in the national legal framework and the procedural discrepancy of positive law. The opportunity to integrate customary law into a formal system is actually wide open thanks to the latest regulations from the Prosecutor's Office and the Police regarding restorative justice. The conclusion of this research shows that strengthening the authority of indigenous leaders supported by collaboration with law enforcement officials can transform Toba and Karo customary law into an efficient conflict resolution mechanism that is in harmony with the state legal order.
Juridical Review of Criminal Acts of Sexual Abuse of Children Committed by TNI Officers: Study of Decision No. 88-K/PMT-BDG/AL/X/2024 Sigar P. Berutu; Essilver Saragih; Yolani Margareta
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/kcr1tv08

Abstract

This study aims to juridically analyze the criminal act of sexual abuse against children committed by Indonesian National Army officers and assess the application of the principle of the rule of law in military justice based on Decision Number 88-K/PMT-BDG/AL/X/2024. The research method used is normative legal research with a legislative approach and a case approach, using secondary data obtained through literature studies and analysis of court decisions, then analyzed qualitatively. The results of the study showed that the perpetrator's actions had fulfilled the elements of criminal offenses, namely sexual acts, intentional elements, and physical, psychological, and moral losses experienced by child victims. The military court's decision in the case reflects the application of the principle of the rule of law and equality before the law because the perpetrators are still processed and sentenced to death without any special treatment despite their status as state officials. However, there are still weaknesses in the aspect of victim protection, especially related to psychological recovery and transparency of the military justice process. Therefore, it is necessary to strengthen child protection mechanisms, increase the accountability of military law enforcement officials, and more firm and consistent law enforcement to ensure justice and legal certainty.
Land Dispute Resolution Due to the Issuance of Double Certificates by the National Land Agency Harniwati; Engrina Fauzi; Fauzan Zakir; Miasiratni; Uci Asriadi
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/behanh53

Abstract

Land as one of the human needs has a very important role in the basis of human life. The term agrarian itself in Indonesia refers to Law Number 5 of 1960 concerning Basic Agrarian Regulations, hereinafter known as UUPA. Based on the provisions of Article 1 paragraph (2) of UUPA, it states that the words "earth, water, space and the natural resources contained therein" are national assets. UUPA is a legal umbrella in regulating earth, water, space and other natural resources. Based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states that control of earth, water and the natural resources contained therein is handed over to the Republic of Indonesia to be used as appropriate to create the prosperity of the people. Land issues have a long journey. Various land disputes and conflicts due to frequent conflicts over power struggles over control of land rights, thus encouraging the government as the holder of the highest authority to be required to provide a mechanism for resolving land disputes and conflicts involving the National Land Agency. A land dispute is a specific dispute concerning rights or interests where the parties file claims, counterclaims, and terminate those claims. The granting and determination of land rights is the duty and authority of the National Land Agency, with procedures stipulated in laws and regulations based on Presidential Regulation Number 63 of 2013 concerning the National Land Agency (BPN). One of the duties of the National Land Agency is to issue land certificates. Certificates, as evidence that the land has been registered by an authorized government agency, are strong and authentic evidence. However, in practice, the issuance of duplicate certificates is a serious problem that threatens legal certainty and justice for the community. Duplicate certificates occur when two or more certificates are issued for the same plot of land, often caused by administrative errors, data manipulation, or acts of corruption in the land registration process. In conducting this research, the author used a juridical-normative approach. This approach aims to conduct research based on relevant legal provisions, records, and other available media. The data collection technique used was secondary data literature study as the main research basis.
Legal Certainty Regarding Execution Practicesnon-Fungible Tokenas An Object of Fiduciary Guarantee Andalusia
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: 10.60034/3r5mc412

Abstract

The development of blockchain technology has given birth to new digital assets, namely Non-Fungible Token (NFT). Its popularity has grown rapidly, transforming it from a mere digital collectible into a high-value investment instrument. This phenomenon opens up opportunities for NFTs to be utilized in various financial sectors, including as collateral. Its significant economic potential drives the need to examine its legal position within the existing financial system. Despite its economic value, the legal status of NFTs as fiduciary collateral in Indonesia remains unclear. The current Law Number 42 of 1999 concerning Fiduciary Collateral is designed for conventionally recognized tangible and intangible movable objects. The absence of specific regulations governing digital assets such as NFTs creates a legal vacuum, creating uncertainty for parties seeking to utilize them. This research is a legal research (doctrinal research) with a legal approach (statues approach), conceptual approach (conceptual approach), and analytical approach (analytical approach). The results of this study explain that first, the existence of Non-Fungible Token The development of NFTs as digital assets in Indonesia began with the development of the digital economy and increased public interest in using investment instruments. Second, the lack of specific regulations for NFTs as fiduciary collateral creates a significant legal vacuum, and the current Fiduciary Guarantee Law is not designed to accommodate the unique characteristics of digital assets, such as value volatility and technical identification. Third, accurately identifying NFTs during the execution process is a fundamental challenge. Unlike physical assets, NFTs can only be recognized through a series of cryptographic data such as token IDs and complex contract addresses. Current regulations fail to accommodate their unique characteristics related to classification, valuation, and registration and execution mechanisms. This situation creates significant legal uncertainty, thus creating high risks for the parties involved. The recommendation for this issue is the need for the government to immediately revise fiduciary guarantee regulations or establish specific regulations for digital assets. In the meantime, the government can create regulations in the form of Government Regulation in Lieu of Law (Perppu) or Supreme Court Rules (Perma) so that the legitimacy of digital asset objects such as NFTs is legally recognized as a class of movable and intangible assets in fiduciary guarantees.
Criminal Liability of Midwives Perpetrators of Illegal Abortion Study Decision Number 131/Pid.Sus/2016/Pn.Kpg Sigar P. Berutu; Setti Sri Ayu Malau; Rut Marsela Surbakti
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/xz0mhx90

Abstract

This study examines the criminal liability of midwives who commit illegal abortions through a normative juridical analysis of Decision Number 131/Pid.Sus/2016/PN.Kpg. The three main issues studied include the legal regulation of the crime of illegal abortion by midwifery personnel, the fulfillment of the elements of criminal responsibility of the defendant, and the proportionality of the punishment imposed from the purpose of the crime and the principle of justice in Indonesian criminal law. This study uses a normative juridical method that is descriptive and analytical with a legislative approach, a conceptual approach, and a case approach. The results show that the Indonesian legal system has established a comprehensive normative framework in prohibiting the practice of illegal abortion by midwives, but inconsistency in law enforcement is its main weakness. All elements of the defendant's criminal responsibility were fulfilled conclusively, including the ability to be responsible, intentional in three grades, and the absence of a reason for criminal expungement. However, the three-month prison sentence imposed was considered disproportionate because the mitigating circumstances considered by the judge contained conceptual confusion and the construction of the indictment in the form of alternatives also contributed to the outcome of the sentence that was far from ideal, thus systemically weakening the effectiveness of the criminal law as an instrument to prevent the practice of illegal abortion by midwifery personnel in Indonesia.
The Implementation of the Prosecutor's Code of Ethics after the issuance of Attorney General Regulation Number 4 of 2024 on the Professionalism and Integrity of Public Prosecutors in Criminal Trials Ester Olivia Lase; Sigar P. Berutu
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/dtwwr879

Abstract

The prosecutor as the public prosecutor plays an important role in realizing a fair, honest, and authoritative criminal justice. The magnitude of this responsibility prompted the Prosecutor's Office of the Republic of Indonesia to issue Prosecutor's Regulation Number 4 of 2024 concerning the Prosecutor's Code of Conduct to strengthen the ethical foundation of the prosecutor's profession more comprehensively. The presence of this regulation is an important instrument in fostering prosecutors' behavior, especially in the implementation of prosecution duties in criminal trials. This research is a normative legal research with a statutory and conceptual approach that uses primary legal materials in the form of PERJA Number 4 of 2024, the Prosecutor's Law, and the Criminal Procedure Code. The results of the study show that the regulation brings normative updates in the regulation of the prosecutor's code of conduct. However, its implementation in the field still faces various challenges, including inconsistency in sanctions enforcement, weak supervision mechanisms, and limited continuous ethical coaching, so that the implementation of the code of conduct has not been fully optimal in strengthening the professionalism and integrity of prosecutors in criminal trials.

Page 9 of 10 | Total Record : 92

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