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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 30 Documents
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Comparison of children's inheritance laws outside marriage in Indonesia with several other countries Septiana, Dewi; Mujtahidin, Syamsul; Taufik, Zahratul'ain
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 2: (January) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i2.2024.340

Abstract

The rights of a child, both legitimate children and children outside of marriage, should remain protected and prioritized. However, in reality there are still many parents who do not recognize children who have been born outside of marriage. Especially a biological father. This study discusses how the rights of a child outside of marriage and what the legal consequences are obtained. This study concluded that the rights of children out of wedlock in accordance with the provisions of civil law, Islamic law, and customary law states that their rights can be obtained if a child can prove that he is a legitimate descendant of his biological father. The way that can be taken can be in the form of proving through DNA tests and getting recognition from his biological father.
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.
Harmonization of laws regulating the formation of village government work plan drafting teams Dharma, Bagus Surya; Prasetio, Dicky Eko; Masnun, Muh. Ali; Lestari, Putri Diah
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1092

Abstract

Background: This research aims to analyse the arrangements related to the formation of the Village RKP Compilation Team as stipulated in Permendagri 114/2014 and Permendesa PDTT 21/2020 and to analyse legal harmonisation efforts related to conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020. Methods: This research is a normative legal research that prioritises conceptual and statutory approaches. Findings: The results confirm that the authority to form the Village RKP Compilation Team has moved to the Ministry of Villages, Development of Disadvantaged Regions and Transmigration so that regulations from the ministry are prioritised for use. Conclusion: The resolution of norm conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020 regarding the formation of the Village RKP Compilation Team can be done by harmonising regulations using the principle of preference, specifically the principle of lex superior derogate legi inferiori in harmonising authority in village development and the principle of lex posterior derogate legi priori in harmonising regulations on the formation of the Village RKP Compilation Team. Novelty/Originality of this article: Through harmonisation using the principle of preference, the regulation on the formation of the Village RKP Compilation Team regulated by Permendesa PDTT 21/2020 takes precedence over its use.
Transforming trade law in the digital era: Navigating challenges and seizing opportunities for legal reforms in Indonesia's evolving trade landscape Abdurrahim
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1338

Abstract

Background : In Indonesia, the transformation of trade law in the IT and Internet era presents significant challenges and opportunities. Businesses have changed, markets have expanded, and digitalization has created new economic opportunities. However, these changes have also raised a number of legal questions, including consumer protection, data security, the legality of electronic transactions, and the role of government in regulating digital commerce. This article analyzes how Indonesian laws and regulations have adapted to these changes and examines the challenges of implementing regulations in the face of rapid technological developments. This article provides a comprehensive overview of the direction of trade law in the digital era and its impact on the Indonesian economy and society, with a focus on the policies implemented and opportunities for future regulatory improvement. Methods: This study focuses on the challenges and opportunities arising from technological advances and e-commerce, and discusses changes in trade law in the digital era in Indonesia. A normative legal approach is used in this study. Digital trade law is examined using a normative approach. Findings: This study highlights several issues, including regulations that do not reflect technological advances, inadequate consumer protection, cybersecurity risks, and regulations that mix digital and traditional business practices. In contrast, the rapid growth of e-commerce in Indonesia, government efforts to build a digital ecosystem, and the potential for global cooperation to resolve international issues present significant opportunities. Conclusions: The results of this study highlight the need for more flexible and comprehensive legal reforms to deal with developments in the digital era. Harmonization of cross-sector regulations, increased cybersecurity, and strengthened consumer protection are key to seizing the opportunities arising from the growth of digital trade in Indonesia. Novelty/Originality of this Study: The study found that digital trade regulations in Indonesia are still lagging behind technological developments, especially in consumer protection and cybersecurity. However, opportunities arise from the government's efforts to build a digital ecosystem and the potential for global cooperation to improve digital trade regulations.
Exploring the potential crimes and legal liability of artificial intelligence within the framework of Indonesian criminal law Mahmuda, Adria Fathan; Gusti, Mahesa Cakra; Anrusfi, Faruq
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1385

Abstract

Background: This research examines the potential criminal offenses that can be committed by Artificial Intelligence (AI) and the implications of criminal law liability for them in the context of Indonesian law. AI, which is increasingly developing with its autonomous capabilities, has the potential to result in new criminal offenses that have not been fully anticipated by the existing legal system. Potential AI crimes, such as deepfakes and criminal offenses by autonomous vehicles, represent a significant threat to public safety and privacy. While some developed countries have begun to regulate the use of AI, Indonesia does not yet have specific regulations governing AI and its potential threats. Method: This research uses a juridical-normative method with conceptual, case, and statutory approaches, to analyze the concept of criminal liability in AI crimes. Findings: By considering legal doctrines, this research proposes that responsibility for the actions of AI, which cannot yet be considered an independent legal subject, should be transferred to humans as developers or users through the doctrines of in loco parentis and Vicarious Liability. Through this approach, AI is treated as a human-controlled tool, so legal liability remains with the entity that has direct control. Conclusion: This study expects proactive steps from the Indonesian government to develop clear regulations on AI, to ensure the protection of the public from the risks posed by AI. The regulation should be able to accommodate the rapid development of technology while educating the public on the risks of AI. Novelty/Originality of this Study: This research highlights the absence of specific AI regulations in Indonesia and offers a legal framework by applying the doctrines of in loco parentis and Vicarious Liability to AI-related offenses. It provides a new perspective on assigning liability in AI crimes, ensuring that responsibility remains with human actors while addressing the legal gaps in Indonesia’s regulatory framework.
Evaluation of employee salary systems through the lens of sharia economic law Havez, Muhammad; Abdurrahim
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1403

Abstract

Background: Salary/Wages are payments for services performed by employees within a month. The payroll department plays a crucial role in ensuring company sustainability and preventing payroll fraud. While some employees work solely for financial compensation, others view salary as one of many benefits gained from employment. This study examines the effectiveness of the payroll system at Solah Tampah Hills villa. Method: This study uses a qualitative approach with observation, interviews, and documentation for data collection. The inductive method is applied to analyze empirical field data, which is then interpreted to draw conclusions. Through descriptive analysis and case studies, this research assesses the effectiveness of the payroll system at Solah Tampah Hills villa. Findings: The results of the study indicate that the payroll system at the Solah Tampah Hills villa has been implemented well and is carried out by following the Company Standard Operating Procedures that have been determined by the company. This means that the employee payroll system at the Solah Tampah Hills villa has been running effectively. Conclusion: The study concludes that the payroll system at Solah Tampah Hills villa is effective, as it follows the company's Standard Operating Procedures (SOP). Proper implementation ensures smooth salary distribution and minimizes payroll fraud, contributing to overall business sustainability. Novelty/Originality of this Study: This study provides an in-depth qualitative analysis of the effectiveness of the payroll system at the Solah Tampah Hills villa, highlighting its adherence to SOPs. The research offers a unique perspective on payroll system implementation within the hospitality sector, contributing to the understanding of payroll management effectiveness in business operations.

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