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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 35 Documents
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E-court: A digital disruption in law enforcement and its impact on judicial efficiency in Indonesia Pitaloka, Diva
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.v2i2.2025.1404

Abstract

Background: The use of digital technology in thr justice system, known as E-Court, has significantly impacted law enforcement in Indonesia. This research explores E-Court as a manifestation of digital disruption, using normative legal research with a conceptual and statutory approach. Method: This research employs normative legal research with a conceptual and statutory approach to examine technological developments supporting E-Court, its benefits, and its challenges. Findings: E-Court consists of e-filing, e-payment, e-summons, and e-litigation, transforming legal case handling by improving efficiency, transparency, and accountability while reducing costs and administrative burdens. However, regulatory readiness and implementation mechanisms require further evaluation.  Conclusion: E-Court has positively impacted law enforcement in Indonesia by increasing efficiency and accessibility in legal proceedings. To optimize its implementation, addressing challenges such as data security, digital infrastructure, and cultural adaptation within the legal system is essential.  Novelty/Originality of this Study: This study provides a comprehensive analysis of E-Court as a digital disruption in Indonesia’s justice system, highlighting its effectiveness, challenges, and the necessity of regulatory adaptation. It contributes to developing a theoretical framework for online law enforcement systems, ensuring sustainable digital transformation in the judiciary.
Modification of the sentencing of transgender convict Rosyaadah, Hasnaa Niditya; Shafira, Maya; Susanti, Emilia; Jatmiko, Gunawan; Warganegara, Damanhuri
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.18

Abstract

The existence of transgender people in Indonesia cannot be accepted by society because they are considered to deviate from existing cultural values. Their status as transgender also makes it difficult to place them in correctional institutions when someone commits a crime. There is no legal certainty and there is a legal vacuum so that there is a need for criminal law modifications such as alternative punishments outside of prison for transgender inmates. This study has two aims: First to find out criminal modifications in the current punishment of transgender inmates, Second to that describe the concept of ideal criminal modification for transgender inmates. this study uses a normative juridical and empirical juridical approach with data collected through literature studies and field studies. The conclusion is there is a need for modifications in the criminal system, such as the placement of transgender prisoners as seen from their identification cards such as ID cards or passports, as well as court decisions if they have applied for a sex change and it has been legalized. In addition, alternative punishments other than imprisonment for transgender convicts can provide legal certainty for them in order to avoid a legal vacuum. Alternative punishment also serves to protect prisoners from the possibility of bullying and harassment for transgender prisoners.
The urgency of the approval of the people's representative council related to the ratification of international trade agreements (analysis of decision of mk-13-puu-xvi-2018) Pitaloka, Diva
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.74

Abstract

The community feels they are not included in the determination to express consent (consent to be bound) in international trade agreements. The HOUSE OF REPRESENTATIVES is an extension of the people's hand, so the government should ask for the people's approval when deciding to participate in international agreements, especially related to trade. The people's sovereignty must be upheld in a democratic country so that the government cannot ignore the participation of the people. This problem lies in Article 11 of the 1945 Constitution and Article 10 of Law No. 24 of 2000. This article will examine in more depth whether it needs to be included in the criteria for approval by law related to international trade agreements. And is it true that the articles submitted in the petitum of the NGO to the Constitutional Court contradict the 1945 Constitution? This research is a normative legal research with a statutory and conceptual approach. The technique of gathering legal material is carried out by reviewing related literature and analyzing various legal references relevant to the problem under study for further analysis qualitatively and descriptively. This is done by implementing an in-depth and holistic review of multiple connections and evaluating legal materials related to issues. The study results show that all international agreements that have a broad impact, one of which is international trade agreements, should be approved by the House of Representatives in determining whether to participate in the contract. The articles in the petite submitted by NGOs are partly unconstitutional, and finally, international trade agreements should be ratified through law. Ratification, Approval of the House of Representatives, Decision of the Constitutional Court.
Pengaturan illicit enrichment di Indonesia: studi perbandingan negara Peru Riani, Rahmahwati Silvia; Jumadi , Joko
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.81

Abstract

Korupsi merupakan permasalahan besar yang harus diatasi, karena saat ini model-model korupsi semakin beragam dan lembaga-lembaga anti korupsi tidak cukup untuk menghentikan perbuatan yang tercela ini. Dewasa ini telah marak terjadi anggota Aparat Sipil Negara yang memiliki kekayaan tidak wajar (Illicit Enrichment) dan tidak dapat dipertanggungjawabkan secara hukum, antara Laporan Harta Kekayaan dengan aset yang dimiliki jumlahnya tidak sesuai atau terjadi kenaikan harta kekayaan secara drastis. Penelitian ini bertujuan untuk mengetahui pengaturan Illicit Enrichment di Indonesia sebagai upaya penguatan pemberantasan tindak pidana korupsi dan mengetahui pengaturan Illicit Enrichment di negara Peru. Jenis penelitian ini adalah hukum normatif dengan pendekatan perbandingan hukum, Data yang digunakan dalam penelitian ini adalah data sekunder yang terdiri dari bahan hukum primer, sekunder dan tersier yang diperoleh melalui studi dokumen. Proses analisis data dalam penelitian ini menggunakan metode analisis kualitatif.  Berdasarkan hasil penelitian dan pembahasan dapat ditarik dua kesimpulan Pertama Indonesia yang merupakan Negara Peserta UNCAC dan telah meratifikasi konvensi dalam Undang-Undang Nomor 7 Tahun 2006 belum mengadopsi ketentuan Pasal 20 UNCAC yaitu Illicit Enrichment. Kedua Negara Peru telah mengatur didalam KUHP tentang Illicit Enrichment terhadap pejabat yang terbukti dalam masa jabatannya memiliki kekayaan secara tidak wajar secara melawan hukum dengan memberikan sanksi antara 5 sampai 10 tahun. Laporan Harta Kekayaan menjadi jalan masuknya Illicit Enrichment di Indonesia dapat diberlakukan sebagai penguatan pemberantasan tindak pidana korupsi.
Liability of launching state on space tourism Mulyana, Septira Putri; Raodah, Putri
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.91

Abstract

Current use of space as one of the economic factors supporting the country’s economic has experienced a very significant increase. The Treaty Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty 1967) stipulate that every activity carried out in space must be in accordance with the United Nations charter and must always maintain peace and security. one of the developing commercial activities is space tourism. This research is a normative legal research with a statutory and conceptual approach. The technique of gathering legal material is carried out by reviewing related literature and analyzing various legal references relevant to the problem under study for further analysis qualitatively and descriptively. This article will examine in depth related to whether the existing space law conventions are still relevant to regulating space tourism activities nowadays? And how the launcher state liability in the event of space tourism accidents?. This article conclude that some  the existing space law conventions are still relevant to regulating space tourism activities nowadays. And the launcher state liability are divided into two aspects. Based on liability convention and warswa convention. This is because space tourism activity use two types of aerospace.
Factors of politeness as reason for mitigation in judge's decision: Is it still relevant to be maintained? Nelson, Febby Mutiara; Saputra, Rakha Naufal
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 1: (July) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i1.2025.1847

Abstract

Background: Judges play a crucial role in the judicial process. According to Article 1 point 8 of Law Number 8 of 1981 on Criminal Procedure (KUHAP), a judge is a state official authorized to adjudicate cases. Their duties include examining, deciding, and resolving cases. In making decisions, judges consider both aggravating and mitigating factors. Aggravating factors may include the defendant having previous convictions, while mitigating factors may include polite behavior during court proceedings. This article focuses on polite behavior as a mitigating factor. It explores how judges assess politeness in court and whether this factor remains relevant in modern criminal case decisions. Methods: To answer this problem, the author researches using the socio-legal method, where the author will examine the problem with legal norms governing polite elements as a reason for mitigation and supported by surveys to support data from existing norms and decisions related to this matter. Findings: Judges still consider the element of modesty as a reason to mitigate punishment in criminal cases. From the results of a survey of 76 judges from 64 courts, 49 respondents stated that the element of civility is still relevant to be maintained in the judicial process. Factors considered by judges as indicators of the defendant's civility in court include polite language, cooperative attitude, and non-verbal expressions that show respect for the trial process. Conclusion: This research shows that the element of modesty is still considered relevant by the majority of judges as a mitigating consideration. The defendant's demeanor in court can signal remorse and good faith which influences the judge's decision. Novelty/Originality of this article: This research combines a normative approach and socio-legal methods that are rarely used in the study of mitigating circumstances. A survey of 76 judges from different regions and ethnic backgrounds in Indonesia provides valuable insights into the actual practice of civility considerations in trials. This article confirms that the relevance of modesty is not just a formal tradition, but also reflects important social and cultural dynamics in the judicial process in Indonesia.
The human firewall: Increasing digital awareness and literacy for consumer protection Imani, Tita Amalia Nur; Prastyanti, Rina Arum
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 1: (July) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i1.2025.1870

Abstract

Background: In the evolving digital era, consumers are increasingly vulnerable to various cyber threats such as online fraud, identity theft, and misuse of personal data. This paper discusses the concept of "Human Firewall", an approach that places individuals as the main component in the defense against digital threats through increased awareness and digital literacy. Methods: By applying a systematic literature review method to various international scientific journal sources, this study shows that low levels of digital literacy increase consumers' risk of cybercrime such as personal data theft, online fraud, and information manipulation. Findings: A good understanding of digital ethics, privacy and safe use of technology helps people make wiser decisions in the digital world and prevent digital threats. Conclusion: Efforts to improve these skills can be done through interactive training, psychology-based approaches, and the use of gamification methods to strengthen user engagement. The gap in digital access and understanding in disadvantaged areas is also a challenge that needs to be addressed through an inclusive education approach. Novelty/Originality of this article: The novelty of this research is in the integration of educational and psychological approaches to form digital resilience based on proactive individuals, not just relying on technological systems. Therefore, society must build digital awareness as protection from cyber threats.
Leveraging economic intelligence and stakeholder collaboration to eradicate illegal plain cigarettes Indradinata, Bayu; Samputra, Palupi Lindiasari; Salya, Sundawan
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 1: (July) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i1.2025.1919

Abstract

Background: Indonesia ranks third globally in the number of smokers, despite government efforts to reduce cigarette consumption. The continued rise in smoking is linked to the circulation of illegal cigarettes, which threaten public health, state revenue, and the national tobacco industry. This study aims to examine the distribution dynamics of illicit cigarettes and analyze stakeholder strategies to combat the issue. Methods: A qualitative approach was used, involving interviews, document analysis, and literature review. Data were analyzed thematically to explore patterns in stakeholder roles and motivations. Findings: Economic incentives drive the illegal cigarette trade, which disrupts legal markets and undermines tax revenue. Stakeholder participation varies by institutional interest and authority, influencing enforcement outcomes. Weak coordination and limited use of economic intelligence were identified as key challenges. Conclusion: Addressing illegal cigarette distribution requires stronger stakeholder collaboration and strategic use of economic intelligence. Novelty/Originality of this article: This study provides new insights into the role of economic intelligence and stakeholder dynamics in tackling illicit cigarette trade in Indonesia.
Legal reform and the erosion of deterrence: Reassessing remission and conditional release policies for corruption convicts Desita, Annisthasya; Ridwan
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 1: (July) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i1.2025.1970

Abstract

Background: Granting remission and parole to prisoners is the authority held by the Correctional Institution, in accordance with the provisions contained in Law Number 22 of 2022 concerning Corrections. The main requirement for obtaining remission and parole is the good behavior of the prisoner, and this provision applies to all prisoners without exception, including prisoners involved in criminal acts of corruption. Methods: This study uses the Normative Juridical method with a descriptive analysis approach. The research data was obtained through two sources, namely primary data from Legislation and secondary data obtained from interviews with Class IIA Tangerang Prison Officers. Findings: The results of the study show that the revocation of the Government Regulation has eliminated strict requirements related to granting remission to prisoners involved in corruption crimes, making it easy for corrupt prisoners to obtain it, it has eliminated the deterrent effect for perpetrators and the community. In response to this situation, total reform is needed, namely legal reform, law enforcement officers, and culture. Conclusion: The study concludes that the revocation of strict regulations has made it easier for corruption convicts to obtain remission, weakening the deterrent effect. Therefore, comprehensive reforms in law, enforcement, and legal culture are urgently needed. Novelty/Originality of this article: This article offers a critical and original analysis of the impact of regulatory changes on the remission process for corruption convicts in Indonesia. By combining normative legal review with firsthand insights from correctional officers, it highlights the unintended consequences of deregulation—specifically the erosion of deterrent effects—and emphasizes the urgent need for systemic legal reform, a perspective that has been underexplored in prior studies.
Indonesia and the Rohingya crisis: An analysis of the role of transit countries in refugee protection Jumadi, Joko
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 1: (July) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i1.2025.2044

Abstract

Background: This article examines Indonesia's role as a transit country in handling Rohingya refugees fleeing violence and persecution in Myanmar. On the other hand, this study also highlights ad hoc policies and humanitarian practices carried out by the central government, local governments, international organizations, and local communities in Aceh in accommodating and assisting Rohingya refugees. Methods: Using a normative legal approach and policy analysis, this study evaluates Indonesia's national legal framework which does not specifically regulate refugee status, thus creating challenges in providing long-term protection. Findings: The results of the study show that although Indonesia is not a party to the 1951 Refugee Convention, the principle of non-refoulement and the value of human solidarity have been the basis of a relatively consistent temporary policy. Conclusion: This article recommends the need to strengthen national regulations, multi-party coordination mechanisms, and increase the capacity of related institutions so that Indonesia can carry out its role as a transit country more effectively, humanely, and in line with human rights principles. Novelty/Originality of this article: This study offers a comprehensive analysis of Indonesia's role as a transit country in handling Rohingya refugees, which has previously been rarely studied in depth from a national legal and policy perspective. This study also raises the importance of integrating the principle of non-refoulement into domestic regulations as an innovation in more sustainable refugee protection policies.

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