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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. 3 No. 2: (January) 2026" : 5 Documents clear
SETARA: Reformulating legal protection for women workers amid the evolution of artificial intelligence Agustina, Shalsa Bila; Simanungkalit, Lusiana Novalia
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2253

Abstract

Background: The rapid development of Artificial Intelligence (AI) has reshaped the global labor market and poses significant challenges to female workers, who are more likely to be employed in repetitive and data-based sectors vulnerable to automation. This study aims to examine the urgency of legal protection and labor law reform in Indonesia to address the potential risk of unemployment, gender discrimination, and social inequality arising from AI-driven automation. Previous studies have highlighted that women face structural disadvantages in the labor market due to their concentration in low-wage sectors and limited access to digital skills, as also emphasized by UNESCO. However, existing Indonesian labor regulations, such as the Manpower Law and Job Creation Law, have not explicitly regulated the impact of AI in employment. Methods: The research applies a normative juridical method with a statutory, conceptual, and comparative approach, supported by literature reviews of international practices in Germany and Singapore, where governments have initiated reskilling and vocational education policies to mitigate the impact of AI. Findings: Findings reveal that the absence of specific legal provisions in Indonesia leads to legal uncertainty and weak protection for women workers facing layoffs due to automation. This study proposes the concept of SETARA (Strategy for Empowering and Transforming Women’s Labor) as a strategic model to strengthen the role of female workers. The strategy consists of three core elements: reskilling, upskilling, and labor law literacy, implemented through a pentahelix collaboration involving government, businesses, society, academia, and mass media. Conclusion: The principal conclusion is that labor law reform in Indonesia must be adaptive to technological disruption and inclusive of gender perspectives to ensure sustainable and equitable labor protection. Novelty/Originality of this article: The novelty of this research lies in integrating gender-sensitive legal reform with AI governance through the SETARA model, which provides an innovative framework to balance technological advancement with social justice.
Individual criminal responsibility for crimes against humanity: A juridical analysis of the decisions of the international criminal court Havez, Muhammad
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2533

Abstract

Background: Crimes against humanity are among the gravest offences under international criminal law and require individual criminal responsibility to prevent impunity. The International Criminal Court (ICC), established by the Rome Statute, provides a framework on crimes against humanity and modes of liability, yet its case law reveals doctrinal tensions. This article examines how the Court interprets and applies individual criminal responsibility in such cases. Methods: The research employs a normative legal method using statute and case approaches. It analyses provisions of the Rome Statute on crimes against humanity and individual responsibility, and reviews selected ICC judgments, which are qualitatively assessed to evaluate coherence and trends in the Court’s reasoning. Findings: The study finds that the Court has developed an architecture of modes of liability, including direct perpetration, co-perpetration, indirect perpetration, participation, and command responsibility, each with distinct actus reus and mens rea requirements. However, overlaps between modes, fluctuating evidentiary thresholds for senior leaders, and divergences between Trial and Appeals Chambers generate uncertainty and raise concerns about consistency and fairness. These dynamics reveal a gap between the conceptual aims of international criminal law and its practical enforcement before the ICC. Conclusion: The article concludes that, although the Court has advanced the doctrine of individual criminal responsibility for crimes against humanity, significant doctrinal and practical challenges remain. Novelty/Originality of this article: This study offers a structured mapping of modes of liability in ICC jurisprudence and links those patterns to wider debates on the legitimacy and effectiveness of international criminal justice.
Dialectical relationship between law, constitutional law approach, and political economy in phenomenon of sharia economy driving MSMEs and halal industry: A literature review Hasanah, Siti; Jiwantara, Firzhal Arzhi; Putra, Bayu Karunia
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2555

Abstract

Background: The development of Sharia economy in Indonesia has increasingly influenced the growth of micro, small, and medium enterprises (MSMEs) and the halal industry, particularly in Mataram City, West Nusa Tenggara. This phenomenon raises questions about the interplay between legal frameworks, constitutional law approaches, and political economy in shaping sustainable economic development. Methods: This study employs a qualitative literature review, analyzing scholarly articles, government reports, and policy documents related to Sharia economy, MSMEs, halal industry, and Indonesian constitutional and economic law. The aim is to understand how legal and political-economic perspectives interact in promoting economic initiatives rooted in Islamic principles. Findings: The analysis reveals that the integration of legal and constitutional approaches with political economy provides a comprehensive framework for understanding the growth of Sharia-based economic activities. In Mataram City, West Nusa Tenggara, MSMEs and halal industries thrive through supportive legal frameworks, government policies, and community-based initiatives that align with Islamic economic principles. This synergy demonstrates the dialectical relationship between law, politics, and economic practices in fostering inclusive and ethically grounded economic development. Conclusion: The study concludes that legal, constitutional, and political-economic integration is essential for promoting Sharia economy as a driver of MSMEs and halal industry, ensuring both compliance with Islamic principles and sustainable regional economic growth. Novelty/Originality of this article: This research offers a unique interdisciplinary perspective by combining constitutional law, political economy, and Sharia economic principles to reinterpret economic development in Mataram City, West Nusa Tenggara, highlighting the practical and theoretical implications of legally and ethically grounded economic policies.
Mining practices in Indonesia: The role of agrarian law in land grabbing and the elimination of indigenous peoples rights Prestiwi, Adinda Dwi
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2558

Abstract

Background: The relationship between nature and society is an ecological unity that is mutually formed. However, in the historical premise of capitalism, man is separated from nature and placed in relations of production that make nature an object of exploitation for the accumulation of capital. In Indonesia, the expansion of extractive industries, particularly mining, does contribute to national economic growth, but at the same time results in structural land grabbing, especially in indigenous territories. This study aims to examine the practice of mining as a manifestation of the capitalist system that perpetuates agrarian injustice, deprivation of land rights, and the marginalization of Indigenous Peoples. Methods: The research uses qualitative method through literature review and comparative-descriptive case study with socio-legal approach to examine the relationship between socio-ecological reality due to mining and agrarian legal framework. Data were obtained from Scopus and Web of Science indexed journals, ecological perspective books, and NGO and institutional reports. The analysis was carried out using Marxist ecological theory, which views capitalism as treating nature as an unlimited resource that can be exploited, as well as agrarian law theory, which asserts that the earth, water, and natural resources must be controlled by the state for the greatest prosperity of the people. Findings: The findings show that the hegemony of the mining industry in Papua, North Maluku, NTT, and Sumatra is causing the loss of indigenous peoples' living space, resulting in increased poverty and decreased health quality, as well as triggering ecological damage such as deforestation and river pollution. This condition is consistent with the Marxist ecological perspective that capitalism encourages degrarianization and creates ecological disharmony through the expansion of extractive industrial production space. In addition, formal agrarian law often fails to protect indigenous peoples' rights to land as living space. Conclusion: In conclusion, capitalism transforms nature from a living space into an object of production, while the role of the state that facilitates extractive industries reinforces structural inequality and ignores the mandate of Agrarian Justice in Article 2 point 3 of the 1960 Constitution. Novelty/Originality of this article: The novelty of this study lies in integrating Marxist ecological theory with agrarian law analysis to reveal how capitalism and state-facilitated mining perpetuate indigenous dispossession and ecological degradation in Indonesia.
The clash between state law and customary law in the settlement of inheritance disputes Saofi, M. Sulhan
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2671

Abstract

Background: Inheritance disputes in indigenous communities frequently arise from tensions between state law and living customary law. In Toraja society, inheritance distribution is traditionally governed by patrilineal norms, whereas state law emphasizes equal inheritance rights for sons and daughters, creating practical and normative friction in dispute resolution. Prior socio-legal discussions on legal pluralism indicate that customary authority often remains dominant in community life, yet state legal standards increasingly frame rights-based protection, including gender equality, as a core benchmark in adjudication. This study aims to examine how state legal norms and Toraja customary rules interact, compete, and shape outcomes in inheritance dispute resolution, and to identify a feasible pathway for harmonization that can support fairness and social justice. Methods: This research employs a juridical-normative method using a statute approach and a conceptual approach. Legal materials were collected through library research, including relevant legislation, judicial reasoning patterns in inheritance disputes, and doctrinal writings on customary law, gender equality, and legal pluralism, and then analyzed qualitatively through systematic interpretation and legal argumentation. Findings: The analysis shows that Toraja customary law remains highly authoritative and socially binding, influencing dispute settlement preferences and community compliance, but it tends to produce unequal outcomes where inheritance is allocated primarily through male lineage. Conversely, state law provides stronger normative support for gender-equal inheritance rights, offering broader protection for daughters when disputes reach formal legal institutions. The findings indicate that the tension is not merely procedural but conceptual: customary legitimacy is grounded in communal continuity, while state law prioritizes equality-based rights, requiring adjudication that can translate both values into a reasoned, socially acceptable decision. Conclusion: Harmonization is necessary to ensure inheritance dispute resolution is both socially legitimate and substantively just, particularly in safeguarding gender equality without disregarding customary authority. Novelty/Originality of this article: This article contributes an integrated normative model for resolving Toraja inheritance disputes by positioning judicial dialogue between state law and customary law as a structured mechanism for balancing communal legitimacy and equality-based rights within a plural legal setting.

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