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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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Development of a gold savings guarantee scheme in the Indonesian bullion bank ecosystem: Legal framework, institutional structures, and risk management Athabik Zuhdi Muttaqin; Aziz Wahyu Suprayitno; Edi Nur Alamsyah
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.v4i1.2026.3464

Abstract

Background: The development of bullion banking in Indonesia represents a strategic effort to integrate gold into the formal financial system and to support real asset–based financial inclusion. Following the enactment of Law No. 4 of 2023 and Financial Services Authority Regulation No. 17 of 2024, bullion banks have begun operating gold-based products, particularly gold savings accounts. However, this study identifies a critical structural gap within Indonesia’s bullion banking architecture, namely the absence of an explicitly designed gold savings guarantee scheme. Methods: Using a qualitative juridical-normative approach enriched with policy and risk analysis, this study examines the legal foundations, institutional arrangements, and risk characteristics of gold savings products. Findings: The findings indicate that gold savings exhibit hybrid characteristics, combining elements of commodity ownership and financial savings, especially under unallocated account structures where customers hold contractual claims rather than ownership of specific gold assets. This condition generates legal uncertainty and exposes customers to institutional and systemic risks, including the potential for gold runs during periods of financial stress. Conclusions: The study argues that a Gold Savings Guarantee Scheme is essential not only for consumer protection but also as a component of the broader financial stability framework. It proposes that such a scheme should be designed on a risk-based basis, with differentiated treatment of allocated and unallocated gold savings, clear coverage limits, and strong governance arrangements integrated with existing supervisory mechanisms. Novelty/Originality of this article: This study is among the first to design a risk-based Gold Savings Guarantee Scheme for Indonesia’s bullion banking ecosystem. It treats allocated and unallocated gold savings differently. It also links consumer protection to the broader financial stability framework. It does not treat gold savings protection as a simple extension of conventional deposit insurance.
Governance, regulation, and public trust in pawnshop services: A systematic review Dhian Kusumawardhani; Risa Nurhaliza; Fadhilatul Fachrunnisa
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.v4i1.2026.3473

Abstract

Background: Pawnbroking occupies a distinctive regulatory position because borrowers retain ownership of pledged goods while possession passes to the pawnbroker. Yet the literature describes formal rules, access to credit and service experience more often than it examines how supervision, enforcement and redress work in practice. This review examines how scholarship on pawnshop governance and regulation has evolved and how trust has been conceptualised and studied. Methods: A socio-legal systematic review, reported in accordance with PRISMA 2020, identified 87 peer-reviewed studies in Scopus after full-text assessment. The evidence was examined through narrative synthesis and inductive thematic analysis. Criterion-level methodological appraisal was used to qualify individual findings. Findings: Six overlapping themes were identified: regulatory design and enforcement; consumer protection and vulnerability; digital transformation and platform governance; financial inclusion and distributive justice; service quality and customer satisfaction; and Islamic pawnbroking. The studies addressed statutory design more clearly than the operation of supervision, enforcement and redress. Trust-related material appeared in 13 studies, although some relied on adjacent constructs such as satisfaction, reputation, perceived risk or intention to use. Direct examination of trust usually concerned the pawnbroker, the organisation or the service platform. No included study directly measured trust in regulators, complaint mechanisms or supervisory institutions. Conclusion: Formal rules, access to credit and favourable service assessments cannot by themselves show how pawnshop governance works for borrowers. Evaluation must also consider whether protection functions during the transaction and whether borrowers can obtain redress when problems arise. Novelty/Originality of this article: The review separates trust in service providers from trust in regulatory institutions. It also shows that implementation, redress and the division of responsibility in digital pawn transactions remain insufficiently examined.
Regulation, digitalization, and governance of bullion business and sharia gold pawn services in Indonesia: A systematic review Ronald Belferik
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.v4i1.2026.3474

Abstract

Background: Gold plays a strategic role in Indonesia’s financial system as both a store of value and a liquidity instrument, particularly through bullion business and gold pawn services. The expansion of sharia gold pawn services and the rapid digitalization of financial activities have introduced new regulatory and governance challenges. Existing studies remain fragmented across legal, financial, and technological perspectives, creating gaps in policy understanding. This study aims to systematically review the literature on the regulation, digitalization, and governance of bullion business and sharia gold pawn services in Indonesia, with particular attention to legal certainty, sharia compliance, consumer protection, and financial inclusion. Methods: This article adopts a systematic literature review based on the PRISMA guidelines. Relevant studies were identified from Scopus, Web of Science, and Google Scholar and screened using predefined inclusion and exclusion criteria. Twenty-five core studies published between 2010 and 2025 were included in the qualitative synthesis and analyzed through a thematic regulatory governance framework integrating legal and sharia perspectives. Findings: The review finds that Indonesia’s regulatory framework for bullion business and sharia gold pawn services remains sectoral and fragmented, particularly in responding to digital innovation. Governance challenges persist in ensuring effective sharia compliance, transparency, and consumer protection, especially in fintech-based pawn services. While digitalization enhances access and supports financial inclusion, it simultaneously increases legal risks related to regulatory lag, data protection, and physical gold custody. These findings support regulatory and governance theories emphasizing adaptive regulation in digitally mediated financial services. Conclusion: An integrated regulatory and governance framework is essential to harmonize regulation, digitalization, and sharia principles in Indonesia’s bullion and gold pawn sector. Novelty/Originality of this article: This article offers an original interdisciplinary synthesis integrating regulation, digitalization, and sharia governance into a single framework, offering policy-oriented insights for Otoritas Jasa Keuangan to strengthen legal certainty, public trust, and financial inclusion.
From commodities to financial instruments: Consumer protection challenges in gold financing in Indonesia under OJK Regulation no. 17 of 2024 Dara Salsabila; Alfiyah Nur Inayah
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.v4i1.2026.3475

Abstract

Background: The enactment of OJK Regulation No. 17/2024 marks a milestone in diversifying Indonesia's financial ecosystem by establishing an operational bullion banking framework. However, its "gold-to-gold" financing mechanism introduces severe systemic vulnerabilities, including global gold commodity price volatility, extreme information asymmetry, and deep contractual imbalances between financial services institutions and retail consumers. Methods: This study utilizes a rigorous doctrinal methodology, employing statutory, conceptual, and comparative approaches to assess the current regulatory framework's adequacy, with particular reference to Turkey's macroprudential integration and the London Bullion Market Association (LBMA) standards. Findings: The study reveals a critical legal vacuum within POJK 17/2024: while the regulation mandates institutional risk governance, it fails to provide explicit risk-sharing or consumer protection instruments from the borrower's perspective. Consequently, market risks are entirely transferred to consumers through standard adhesion contracts. Conclusion: The current gold-to-gold financing mechanism leaves retail borrowers structurally exposed to global commodity price shocks, creating a governance gap between institutional risk management and consumer protection that requires urgent regulatory correction. Novelty/Originality of this article: By evaluating Turkey's macroprudential integration and the LBMA standards, this study provides concrete de lege ferenda legal recommendations, such as mandatory asymmetric hedging buffers, standardized volatility disclosure forms, and equitable risk-sharing clauses, to foster distributive justice and financial system stability.
Dactyloscopy as evidence in uncovering serial murder: A legal review of reliability, accountability, and procedural fairness Nevy Setyaning Rahayu
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.v4i1.2026.3729

Abstract

Background: The identification of corpses through dactyloscopy is not only a crucial forensic instrument but also a legally recognized form of evidence within the criminal justice system (cf. Article 184 of the Indonesian Criminal Procedure Code/KUHAP), particularly in the resolution of complex serial murder cases. This study examines the application of dactyloscopy and the perceptions of 30 forensic investigators regarding its effectiveness, with emphasis on its implications for evidentiary reliability, admissibility, and procedural fairness. Methods: Data were collected through structured surveys administered before and after an intervention involving updated training and access to Automated Fingerprint Identification System (AFIS) technology. Descriptive and inferential statistical analyses were used to evaluate perceptions of effectiveness, technological access, operational challenges, and training needs, insofar as these factors bear on the probative strength of fingerprint evidence at trial. Findings: Most investigators regarded dactyloscopy as a highly effective method of post-mortem identification, satisfying the evidentiary requirements set out in Article 7(f) of the KUHAP and Article 15 of Law No. 22 of 2002 on the National Police, which vest investigators with the authority to collect and examine fingerprints. Statistically significant improvements in perception were found following the intervention, and confidence in dactyloscopy's effectiveness increased with professional experience, indicating that examiner competence is itself a determinant of the evidentiary weight fingerprint findings carry in court. Conclusion: Although dactyloscopy is considered effective for corpse identification, challenges such as fingerprint degradation, limited technological access, and the need for further training must be addressed to strengthen the reliability, admissibility, and procedural fairness of fingerprint evidence within criminal justice processes. Novelty/Originality of this article: This article offers a legal-empirical contribution by linking forensic investigators' perceptions of dactyloscopy to evidentiary reliability, procedural fairness, and forensic admissibility in serial murder investigations, addressing a gap in a literature that has so far been dominated by purely technical-forensic perspectives.

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