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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 45 Documents
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SETARA: Reformulating legal protection for women workers amid the evolution of artificial intelligence Shalsa Bila Agustina; Lusiana Novalia Simanungkalit
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.
Dialectical relationship between law, constitutional law approach, and political economy in phenomenon of sharia economy driving MSMEs and halal industry: A literature review Siti Hasanah; Firzhal Arzhi Jiwantara; Bayu Karunia Putra
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 Adinda Dwi Prestiwi
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 M. Sulhan Saofi
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.
Digital communication, the dynamics of radicalization, and legal responses to the transformation of Muslim discourse and identity: A literature review Zul Fahmi
Ex Aequo Et Bono Journal Of Law Vol. 4 No. 1: (July) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v4i1.2026.2924

Abstract

Background: This study aims to examine how digital communication practices contribute to radicalization, how criminal policy responses address this phenomenon, and what implications this has for discourse, identity, and the psychological well-being of Muslim communities. Methods: This study is a qualitative literature review. Secondary data in the form of books, journal articles, and policy documents were systematically collected and then analyzed qualitatively-descriptively through data reduction, thematic presentation, and argumentative synthesis. Findings: Analysis shows that the radicalization process is produced by a combination of three layers, including persuasive content and framing that supports claims of authenticity; micro social networks that provide validation of networked pathways; and the technical architecture of platforms that increases exposure. Criminal responses and platform regulation are effective only when repressive measures are complemented by algorithm transparency, take-down procedures that include due process, media literacy programs, and psychosocial support services. Cross-study qualitative evidence indicates a strong relationship between technical amplification and increased discourse homogeneity that facilitates the mobilization of extreme ideas. Conclusion: Preventing digital radicalization requires an integrated approach through criminal law that focuses on recruitment and glorification of violence, transparent technical governance, and community-based communication interventions to strengthen moderate identities and psychological well-being. These policies and measures need to be assessed through the lens of maqasid al-shari’ah to ensure they are proportional and sensitive to religious values. Novelty/Originality of this article: The novelty aspect refers to the new or innovative elements in a research study that distinguish it from previous work. It includes unique contributions, new methods, or findings that have not been explored before in the field.
From regulation to trust: Governance pathways in digital pawnshop transformation Rini Wedhayanti
Ex Aequo Et Bono Journal Of Law Vol. 4 No. 1: (July) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v4i1.2026.3331

Abstract

Background: Pawnshop institutions operate within regulated non-bank financial systems and play an important role in providing financial access for economically vulnerable communities. In the digital finance era, regulatory compliance alone has proven insufficient to sustain institutional legitimacy, as public trust increasingly depends on how governance principles are implemented and perceived in practice. Existing studies on pawnshop businesses predominantly emphasize regulatory structures or operational efficiency, while offering limited conceptual integration between regulation, governance, and institutional trust. Methods: This study employs a qualitative conceptual and policy-oriented literature review based exclusively on secondary sources, including academic journal articles, books, international organization reports, and national regulations. Governance theory, regulatory governance, and institutional trust serve as the primary theoretical foundations, which are analyzed through systematic document review, thematic synthesis, and conceptual mapping. Findings: The analysis demonstrates that regulatory frameworks provide a necessary legal foundation but do not automatically generate public trust. Trust formation is primarily shaped by governance practices related to transparency, accountability, ethical conduct, fairness, and clarity of communication, particularly under digital service delivery conditions that intensify information asymmetry. Governance practices function as mediating mechanisms that translate regulatory intent into institutional behavior perceived by the public. Conclusion: Transforming pawnshop institutions in the digital finance era requires a strategic shift from compliance-centered regulation toward governance arrangements explicitly designed to cultivate and sustain public trust. Novelty/Originality of this article: This article offers an integrative conceptual framework that positions governance practices as the central mediating link between regulation and public trust, providing policy-relevant insights for strengthening legitimacy and trust in digitally transforming pawnshop institutions.
From business legitimacy to risk management fragmentation of regulations on gold bar trading at Pegadaian Wurianalya Maria Novenanty; Dewi Sukma Kristianti
Ex Aequo Et Bono Journal Of Law Vol. 4 No. 1: (July) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v4i1.2026.3377

Abstract

Background: Gold bar trading by PT Pegadaian has grown rapidly in line with Pegadaian's transformation from a pawn-based financing institution to a gold-based financial service provider. However, this development has not been fully accommodated by an integrated regulatory and governance framework, giving potential risks of legal uncertainty and violation of consumer protection. Methods: This study uses a normative legal research method with a statutory, conceptual, and analytical approach through a literature review. Findings: The results show that although POJK No. 39/2024 and POJK No. 22/2023 have provided business legitimacy and a basis for consumer protection, the regulation of gold bullion trading is still sectoral and tends to emphasize administrative compliance rather than substantive investment risk control. Conclusion: It is concluded that Pegadaian's gold bullion trading is in a governance grey area due to regulatory fragmentation and weak risk management integration. Novelty/Originality of this article: The novelty of this research lies in the formulation of the concept of integrated risk and consumer governance as a direction for strengthening the regulation and governance of gold bullion trading at PT Pegadaian.
Legal architectures of bullion banking for Indonesia and Singapore in developing regional hubs and aligning with LBMA international standards Nafis Dwi Kartiko
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.v3i2.2026.3465

Abstract

Background: This study aims to deconstruct the legal architecture of bullion banking in Indonesia and formulate a robust harmonization model aligned with international protocols. Current literature indicates that global gold market integrity depends on standardized regimes, but Indonesian regulations lack formal integration of international benchmarks, creating a significant research gap in domestic banking law. Methods: This research employs a normative-dogmatic legal method with a functional comparative perspective, analyzing positive legal norms in Indonesia and Singapore. The theoretical component focuses on the civil liability of custodians and the reclassification of gold as a hybrid financial asset through systematic and teleological interpretation of primary and secondary legal materials. Findings: Analysis reveals that jurisdictional dualism between the Financial Services Authority and the Commodity Futures Trading Supervisory Agency generates systemic legal uncertainty and fiscal inefficiency, contributing to capital outflows toward jurisdictions with more stable regulatory environments. Singapore’s standing as a regional gold hub rests on fiscal neutrality for investment-grade gold and the formal adoption of London Bullion Market Association (LBMA) standards within its domestic legislation. The theory of hybrid financial assets indicates that effective bullion banking depends on asset segregation and international quality standardization to support global fungibility and institutional credibility. Conclusion: Formal integration of LBMA protocols into banking law constitutes a necessary precondition for Indonesia to develop a credible regional gold hub, though implementation faces institutional and coordination challenges that merit further study. Novelty/Originality of this article: The originality of this research lies in the reconceptualization of gold as a hybrid financial asset within the contemporary legal-economic framework and the formulation of a specific regulatory blueprint for integrating private transnational standards into domestic banking statutes to resolve persistent jurisdictional collisions.
Evaluating the application of DSN-MUI fatwas in sharia-based gold pawn services: A case study of a sharia gold pawn service Thoriq Ahmadi
Ex Aequo Et Bono Journal Of Law Vol. 4 No. 1: (July) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v4i1.2026.3470

Abstract

Background: The development of the Islamic economy in Indonesia requires strict adherence to shariah principles, particularly in gold pawning (Rahn) which serves as a vital financial inclusion tool for MSMEs. However, a discrepancy often exists between normative Fatwas and their practical implementation, raising public concerns about hidden usury (riba) and uncertainty (gharar) in the fee structure. This study aims to evaluate the strict application of DSN-MUI Fatwas in Pegadaian Syariah to identify compliance gaps and analyze the legal validity of its fee determination mechanism. Methods: This research employs a normative juridical method with a case study approach, utilizing secondary data from Fatwa DSN-MUI No. 25/2002, Fatwa No. 26/2002, and Pegadaian’s operational reports from 2020 to 2024. The data is analyzed using prescriptive analysis to compare the "Das Sollen" of the Fatwas with the "Das Sein" of operational practices. Findings: The findings reveal that Pegadaian Syariah demonstrates high compliance by implementing a hybrid contract scheme that separates the loan (Qardh) and storage (Ijarah) agreements. Crucially, the maintenance fee (Mu’nah) is determined based on the collateral's estimated value and weight, not the loan principal, thereby strictly distinguishing it from prohibited interest. Conclusion: In conclusion, while the operational mechanism is legally compliant with the National Sharia Council’s Fatwas, Pegadaian Syariah requires enhanced transparency regarding digital contract execution to ensure sustainable financial inclusion; it is noted, however, that as a normative-juridical study, this research evaluates the compliance of institutional regulatory design rather than conducting empirical field audits or surveying actual customer and employee behavioral compliance. Novelty/Originality of this article: This research contributes a specific legal evaluation model focusing on the implementation of hybrid contracts in the post-pandemic digital era, providing a counter-narrative to the skepticism regarding shariah-compliant fees.
Evaluating sound horeg through maqāṣid-based legal reasoning: A maqāṣid assessment of a contemporary cultural practice in Indonesia Muhammad Najih Vargholy; Zulfiqar Bhisma Putra Rozi
Ex Aequo Et Bono Journal Of Law Vol. 4 No. 1: (July) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v4i1.2026.3742

Abstract

Background: Sound horeg is a grassroots sound culture from East Java, Indonesia, characterized by extremely loud sound systems. This phenomenon has sparked debate over whether its economic benefits can justify its associated public health harms under Islamic legal principles. This study examines whether sound horeg constitutes legitimate maslahah or should instead be regarded as mafsadah within Ibn ʿĀshūr's maqāṣid al-sharīʿah framework. Methods: This study employs a doctrinal legal research method. The research combines maqāṣid-based legal reasoning with information from economic and public health sources. Legal materials were collected through library research and analyzed using doctrinal analysis and thematic synthesis. Findings: This study indicates that sound horeg provides limited economic benefits that are often temporary and inconsistent. In contrast, substantial evidence indicates that sound horeg poses significant health risks, including hearing damage, cognitive impairment, and psychosocial stress. These documented harms provide the basis for assessing sound horeg within the maqāṣid al-sharīʿah framework. From this perspective, they threaten the preservation of life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), and public welfare. Conclusion: This study concludes that sound horeg cannot be regarded as legitimate maslahah under maqāṣid al-sharīʿah because its documented harms outweigh its limited economic benefits. Novelty/Originality of this Article: This article integrates cultural practice, public health, the creative economy, and Islamic legal theory into a maqāṣid-based legal assessment. It demonstrates the application of maqāṣid-based legal reasoning in evaluating contemporary cultural practices.

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