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Ex Aequo Et Bono Journal of Law
Published by Institute for Advanced Science, Social, and Sustainable Future
ISSN : -     EISSN : 3024983X     DOI : https://doi.org/10.61511/eaebjolV1I1.2023
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ex Aequo Et Bono Journal of Law (EAEBJOL ) is an open-access and peer-reviewed journal published by Institute for Advanced Science, Social, and Sustainable Future established in 2023. It has 1 volumes with 2 issues per year. The objective of EAEBJOL is to offer the highest quality research to the broadest possible audience. The Editorial aims to offer an academic platform for cross-border legal research. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, and agrarian law. Aim: To offer an academic platform for cross-border legal research. Scope: Philosophy and Theory of Law Comparative Law Sociology of Law International Law Constitutional Law Private Law Economic Law Environmental Law Criminal Law Administrative Law Cyber Law Human Rights Law Agrarian Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1: (July) 2024" : 5 Documents clear
Implementation of land acquisition for development of public interest: Analytical study on the construction of bypass road facilities to the Mandalika special economic zone Sumiati, Lilik
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 1: (July) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i1.2024.789

Abstract

Background: This study aims to determine the procedures for implementing land acquisition for constructing the Lombok International Airport ByPass road to the Land Acquisition Area for constructing the Lombok International Airport ByPass road to the Mandalika Special Economic Zone. Methods: This study uses empirical legal research with the statutory, conceptual, and sociological approaches. The data types in this study are primary and secondary, while the data sources use library research and field research. Techniques and ways of obtaining data are by conducting interviews and observations. The purpose of this study is to find out the procedures for implementing land acquisition for the construction of the Lombok International Airport ByPass road to the Mandalika Special Economic Zone, and to find out the inhibiting factors in this activity. Findings: The procedure for implementing land acquisition for the construction of the Lombok International Airport By Pass to the Mandalika Special Economic Zone as stipulated in Law Number 11 of 2020 Ciptaker regulates 4 (four) stages of acquisition starting from planning, preparation, implementation, and delivery of results. Conclusion: The land acquisition implementation committee has carried out land acquisition procedures following the provisions of the Laws and Regulations. The obstacles in constructing the Lombok International Airport By Pass road to the Mandalik Special Economic Zone include social, cultural, and economic factors. Novelty/Originality of this Study: An empirical examination of the land acquisition process for a major infrastructure project, specifically the Bypass Road from Lombok International Airport to the Mandalika Resort Special Economic Zone, employs a multifaceted approach encompassing legislative, conceptual, and sociological perspectives. This study uniquely identifies and analyzes the social, cultural, and economic barriers affecting the land acquisition process, providing insights into community dynamics and compensation issues within the context of Indonesian agrarian law and development.
Islamic legal view on women’s marriage prohibition without knitting skills: A case study in Sukarara Village, Lombok Saofi, M. Sulhan
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 1: (July) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i1.2024.805

Abstract

Background: The custom of weaving the clothes is a custom of the ancestors of the people of Sukarara Village, which must be carried out at weddings. Having weaving skills is a requirement that must be met for women before carrying out a marriage contract. If a woman does not have weaving skills, she is prohibited from carrying out the marriage. This article will discuss the problem of the practice of prohibiting marriage for women before they can weave in Sukarara Village, Jonggat District, Central Lombok Regency, and what the perspective of Islamic law is regarding the prohibition of marriage for women before they can weave in Sukarara Village, Jonggat District, Central Lombok Regency. Methods: Researchers used field research with a qualitative descriptive approach. Data collection techniques include observation, interviews, and documentation. Two data sources were used, namely primary data and secondary data. Findings: This research finds that the practice of prohibiting marriage for women who cannot yet knit traditional Lombok cloth has begun to erode. Conclusion: According to Islamic law, the prohibition of marriage for women before they can sesek is a marriage prohibition that can be justified because: First, it brings benefits to each individual and many people. Second, it is included in the authentic urf as long as it does not conflict with Islamic teachings. Novelty/Originality of this Study: The intersection between local customs and Islamic law, specifically focusing on the unique tradition in Sukarara Village that prohibits women from marrying until they can weave traditional Lombok cloth, offers a rare insight into the coexistence and mutual influence of cultural practices and religious principles on marriage laws in a specific Indonesian community.
Consumer protection in the perspective of Law of the Republic of Indonesia Number 8 Year 1999 and the perspective of islamic law for users of boat transportation services in Medang Hamlet, West Secotong Village Khafifi, Ulul Azmi
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 1: (July) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i1.2024.862

Abstract

Background: This research aims to determine the existence of consumer protection according to the perspective of Law of the Republic of Indonesia Number 8 of 1999 and the perspective of Islamic law on boat transportation in Medang hamlet, Sekotong Barat village which includes the practices, rights and obligations of business actors in running their business and the rights and obligations of consumers, and how to view law no. 8 of 1999 and what is the perspective of Islamic law. Methods: This type of research uses qualitative research, the data collection methods used are observation, interviews and documentation, with data analysis techniques, namely data collection, data reduction, data display and drawing conclusions and verification. Findings: Based on the research results, it can be concluded that business actors in Medang hamlet, Sekotong Barat village are not running their businesses well based on Law no. 8 of 1999 and Islamic law, this is due to the unawareness of business actors and consumers. Conclusion: In their business practices, business actors never provide information about the suitability of the transportation used to consumers, this is done because business actors always prioritize consumer satisfaction over safety, there is no compensation for compensation for consumer goods. All of these things are based on the ignorance of business actors and consumers regarding existing legislation and Islamic law. Novelty/Originality of this Study: This study provides a comparative analysis of consumer protection under Indonesian law and Islamic law, specifically for boat transportation services in Medang Hamlet. It highlights the practical shortcomings and legal non-compliance of local business actors, offering unique insights into the effectiveness of both legal frameworks in a maritime context.
Comparative study of Article 10 Letter C of Law of The Republic of Indonesia Number 8 Year 1999 concerning Consumer Protection and sharia business law in online clothing sales Kusnalia, Linda; Islami, Trinah Asi
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 1: (July) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i1.2024.1038

Abstract

Background: This article discusses the problems faced by buyers in online buying and selling, in the form of advertisements that do not match the products being sold. For this reason, researchers are interested in conducting research with the title Comparative Study of Article 10 Letter C of Law Number 8 of 1999 concerning Consumer Protection and Sharia Business Law in Online Clothes Buying and Selling by examining three online shops, namely Sa**tri.Store 1**6611424, N**la.Fasshion, and Ocyd Clothing Official. Methods: The research method uses empirical juridical, with a phenomenological and conceptual approach. Data analysis uses inductive and descriptive methods. The data collection techniques used were observation, interviews, documentation, questionnaires and library data. Findings: The results of the research show that the two online stores studied, namely Sa**tri.Store 1**6611424, and N**la.Fasshion are known to have committed fraud with advertising media that is misleading and contains elements of gharar and jahalah. Conclusion: Meanwhile, the Ocyd Clothing Official online shop is known to comply with applicable regulations, both from the Consumer Protection Law and Sharia Business Law. Novelty/Originality of this Study: Its comparative analysis of Article 10, Letter C of Law Number 8 of 1999 on Consumer Protection with Sharia Business Law, specifically within the context of online clothing sales, provides a unique examination of legal and ethical perspectives. This approach highlights the differences and commonalities in addressing false advertising in Indonesia's burgeoning e-commerce sector.
Analysis of criminal responsibility for the crime of premeditated murder: An analysis of decision number 813K/Pid/2023 Armelia, Dea; Rosikhu, Muhammad; Rahmatyar, Ana
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 1: (July) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i1.2024.1040

Abstract

Background: This research is motivated by the existence of premeditate murder where the suspect is a member of the police force, namely Ferdy Sambo, the motive for this murder is heartbreak towards the victim who is suspected of committing sexual harassment against Ferdy Sambo’S wife, Putri Candrawati, the problems that arise regarding the regulation of criminal liability for premeditated murder and the application of criminal sanctions for premeditated. Methods: The type of research used by the author is the normative legal and juridical. Statuta Approach, Case Approach, Comparative Approach. Findings: That the act of premeditated murder is regulated in Article 340 of the Criminal Code with a maximum penalty of 20 years imprisonment, while in Law No 1 of 2023 or the National Criminal Code the crime of premeditated murder is regulated in article 459 with the same penalty but the difference is the death penalty embedded in Article 100 of Law No. 1 of 2023 which with a probationary period of 10 years in prison if good behaviour can be changed to life. Conclusion: The use of Law No. 1 of 2023, which should take effect only 3 years later in accordance with Article 624 of Law No. 1 of 2023, it is necessary to review the decision of the Supreme Court on the use of the National Criminal Code as a consideration for the decision in the case of the defendant Ferdy Sambo and also the defendant Ferdy Sambo received a reduction in sentence which was. Novelty/Originality of this Study: This study provides a critical analysis of the application of Law No. 1 of 2023 concerning the Criminal Code in the case of Ferdy Sambo, particularly examining the shift from retributive to rehabilitative criminal justice paradigms. It uniquely highlights the implications of implementing future legislation in current judicial decisions, questioning the appropriateness and legality of such premature application.

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