Journal of Law and Justice
Equality : Journal of Law and Justice - e-ISSN: 3048-1252 (online) is a journal published by the Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia with the aim of developing research that focuses on Law and the Welfare of Indonesian Society. The journal is published in May and November Focus and Scope: Legal Science, Administrative Law, Constitutional Law, Criminal Law, Civil Law, Islamic Law, International Law, State Finance Law, Business Law, Tax Law, Environmental Law and Spatial Law.
Articles
30 Documents
<![CDATA[OJK’s Authority after Law No. 4/2023: A Legal Certainty Perspective ]]>
<![CDATA[Sushanty, Vera Rimbawani]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.281
<![CDATA[The financial services sector, which is one of the main pillars in people's lives, has experienced rapid development. However, this progress also brings various challenges, especially related to fundamental problems in the financial sector. Financial problems in society are increasingly diverse so that the law is required to be more adaptive in responding to these problems considering that the law is basically a reflection of the will of the community. Strengthening the role of the Financial Services Authority (OJK) after the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Services Sector (UU P2SK) which includes provisions that every action and decision taken by OJK based on the law cannot be used as an object of lawsuit in state administration. This provision has a direct impact on the financial services industry and society, especially if OJK's decision has negative consequences for them. This study aims to analyze the impact of the P2SK Law on national and state life, especially in relation to the duties and functions of OJK. To achieve this goal, this study uses a literature study method to examine various views related to legal doctrines that affect financial institutions. The results of the study indicate an expansion of OJK's supervisory duties and functions, especially in the field of digital finance and education for the public. This expansion of authority is a challenge for OJK to play a role as a solution in overcoming various financial problems that occur in society.]]>
<![CDATA[Peraturan Contempt of Court Untuk Memulihkan Marwah Peradilan Akibat Pelanggaran Integritas Melalui Peradilan Ulangan ]]>
<![CDATA[Pakpahan, Novritsar Hasintongan]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.289
<![CDATA[This research is based on the issue of lack of contempt of court statutes and the common practice of denigrating judiciaries in trials. Background of the study is due to common practice of integrity abuse and lack of judiciary’s dignity protection that pushes the need for contempt of court statute formulation. The paper then formulates two research questions, namely how the regulation of contempt of court would revitalize court’s dignty and how regulation can be formulated for legal remedy towards tainted legal process. The methodology of the research is based on normative research that applied statute approach, conceptual approach, case approach, and philosophical approach. The research has considered previous researches such as Probo, Perbawati, Santoso, Gayatri, and Rachman’s research. The development of contempt of court in the last 5 to 10 years showed that contempt of court regulation has been better formulated through Act 1 of 2023, but it didn’t specify types of contempt of court. The result showed that contempt of court statute should regulate specifically regarding act of denigrating court’s dignity and reformulation of retrial legal remedy for tainted legal process.]]>
<![CDATA[Ketidakhati-Hatian Notaris Dalam Pembuatan Akta Berakibat Tidak Sah Akta Pernyataan Keputusan Rapat : Ketidakhati-Hatian Notaris Dalam Pembuatan Akta Berakibat Tidak Sah Akta Pernyataan Keputusan Rapat (Studi Putusan Nomor 74/Pdt/2021/Pt Btn) ]]>
<![CDATA[Sukma, Noviantika Melati]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.299
<![CDATA[Notary is one of the public officials who is authorized to make authentic deeds. Notarial Deed as an authentic deed that has perfect evidentiary power. Authentic Deed made by Notary must meet formal and material requirements, as well as the requirements for a valid agreement, if in the case of Notary does not meet one of the requirements then a notarial deed can be declared legally flawed which causes the cancellation or invalidity of the Notarial deed. The focus of this research is the consequences of the Notary's carelessness in making his legal product with a case approach to Decision Number 74 / PDT / 2021 / PT.BTN. This study concludes that LI as a Notary committed a procedural violation in making a deed by not applying the principle of caution, where the deed issued by the Notary, namely the deed of Meeting Decision Statement Number 01 dated October 5, 2015, was declared legally flawed and canceled along with its derivatives, and LI received a sanction in the form of a written warning. The purpose of this writing is to analyze and review the application of the principle of a Notary's prudence in making a Deed of Meeting Decision Statement (PKR) based on the minutes of the General Meeting of Shareholders (GMS) in the High Court Decision Number 74/PDT/2021/PT BTN. The method used is normative legal research with a case and statutory approach.]]>
<![CDATA[Kewenangan Badan Penanggulangan Bencana Daerah Kota Serang Dalam Perlindungan Hukum Bagi Korban Bencana Alam ]]>
<![CDATA[Ilmi, Nurhasanatul]]>;
<![CDATA[Ikomatussuniah, Ikomatussuniah]]>;
<![CDATA[Nurikah , Nurikah]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.304
<![CDATA[Legal protection provided by the Regional Disaster Management Agency is not given equally in receiving assistance in terms of logistical assistance and infrastructure repair. Article 8 paragraph (1) of Serang City Regional Regulation Number 16 of 2011 concerning Disaster Management, BPBD is responsible for disaster management. The problem identification of this research is how the implementation of the authority of the BPBD of Serang City in efforts to protect the law for victims of natural disasters through post-disaster rehabilitation and reconstruction and how the obstacles to the implementation of the BPBD's authority in efforts to protect the law for victims of natural disasters through post-disaster rehabilitation and reconstruction. The theory of this research is the theory of authority and the theory of legal protection. This research uses empirical juridical research methods with qualitative data analysis. The results showed that Disaster Management by BPBD has not been carried out optimally due to the inequality of receiving assistance in logistics and infrastructure assistance. The National Disaster Management Agency provides mandated authority to BPBD based on Serang City Regional Regulation Number 16 of 2011 concerning Disaster Management. Legal protection provided by the Regional Disaster Management Agency is not given equally in receiving assistance in terms of logistical assistance and repair Preventive legal protection by BPBD is provided through prevention such as conducting disaster-related socialization, disseminating disaster information and implementation, enforcing regional spatial plans through the PERKIM Office related to development and repressive legal protection by handling rehabilitation, namely logistical assistance and reconstruction, namely rebuilding facilities and infrastructure. The obstacles are lack of participation from related agencies, overlapping administration, lack of information and understanding of the community, and budget limitations. This research shows that the implementation of post-disaster rehabilitation and reconstruction by BPBD is not given equally to the provision of logistical assistance and infrastructure.]]>
<![CDATA[Juridical Review Of Mortgage Execution In Bad Credit Cases: A Civil Procedure Law Perspective ]]>
<![CDATA[Arif, Ahmad]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.318
<![CDATA[This study critically examines the effectiveness of mortgage right execution under Indonesian civil procedural law in addressing non-performing loans. Employing a normative juridical approach through literature review, it analyzes statutory provisions and legal doctrines, particularly Law No. 4 of 1996 on Mortgage Rights. The findings reveal that despite the availability of mechanisms such as parate executie, executorial titles, and private sales, practical implementation remains hindered by complex bureaucracy, debtor objections, and procedural inefficiencies. The study highlights the potential role of digitalization, particularly blockchain technology, in enhancing transparency and legal certainty. It recommends regulatory harmonization, development of digital infrastructure, and a rights-based legal framework to strengthen protection for creditors, debtors, and third parties.]]>
<![CDATA[Keterlibatan Anak Muda dalam Politik: Menjelajahi Peran Motivasi Informasi dan Motivasi Pribadi ]]>
<![CDATA[Azis, Hasbullah]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.326
<![CDATA[The growing interest of young people in political issues has emerged as a significant focus in contemporary democratic discourse, particularly within the context of the digital era. Various discussions surrounding youth political engagement continue to generate compelling debates, underscoring the importance of understanding the extent of young people's interest in politics and the factors that shape it. This study explores the relationship between political information motivation and political participation among youth, with a particular emphasis on their involvement during the 2024 presidential election. As a crucial demographic group in shaping democratic processes, young individuals increasingly turn to digital platforms—primarily social media—to access diverse political information. Drawing upon the Uses and Gratification Theory and the Self-Determination Theory, this research examines the underlying factors that motivate youth to engage in political affairs. Employing a qualitative survey method with open-ended questions, the study involved 65 university students. The analysis reveals that young people are driven to access political information on social media by a range of motivations, including surveillance (the desire to stay informed about current political events), guidance (to understand political issues), entertainment (seeking entertainment in political issues), social utility (to support peer discussions and align with social conversations). Furthermore, the study finds that youth participation in electoral processes is primarily motivated by a sense of civic responsibility and a belief in the value of their contributions as young citizens—reflecting a form of self-determined political engagement. These findings highlight the importance of recognizing motivational and self-efficacy factors in fostering active, voluntary, and meaningful youth participation within Indonesia’s democratic landscape.]]>
<![CDATA[Penerapan Sanksi Pidana terhadap Pelaku Judi Online Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik di Kota Denpasar ]]>
<![CDATA[Rasman, Rasman]]>;
<![CDATA[Hutauruk, Appe]]>;
<![CDATA[Jaya, Setia]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.497
<![CDATA[This research aims to analyze the application of criminal sanctions against online gambling perpetrators based on the Electronic Information and Transactions Law (UU ITE) in the jurisdiction of the Denpasar Police (Polresta Denpasar). This normative-empirical legal research uses statutory and conceptual approaches. Data was collected through interviews with law enforcement officials and analysis of primary and secondary legal materials. The findings indicate that the proliferation of online gambling in Denpasar is driven by a confluence of economic pressures, technological accessibility, psychological addiction, social normalization, and weaknesses in supervision and law enforcement. In response, Polresta Denpasar implements a holistic strategy combining repressive, preventive, and collaborative measures. Repressive efforts focus on applying Article 27 paragraph (2) of the UU ITE, although challenges persist in reaching overseas operators and limited digital forensic capacity. Preventive actions involve public education on the dangers of gambling and the promotion of local cultural values. Collaborative synergy is established with institutions like the Ministry of Communication and Informatics (Kominfo) for site blocking and the Financial Transaction Reports and Analysis Centre (PPATK) for financial flow tracking. The study concludes that effective eradication requires an integrated approach beyond mere law enforcement, addressing root causes such as economic inequality and the dynamic nature of cybercrime]]>
<![CDATA[Enforcement of Business Order by the Municipal Police in Pulogadung District under Jakarta Regional Regulation No. 8 of 2007 on Public Order ]]>
<![CDATA[Manik, Martua]]>;
<![CDATA[Hutauruk, Appe]]>;
<![CDATA[Sihotang, Muhenri]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.498
<![CDATA[This study aims to analyze the implementation of public order enforcement on specific business establishments operating in public spaces by the Municipal Police (Satpol PP) in Polugadung District, based on Regional Regulation of the Province of DKI Jakarta Number 8 of 2007 concerning Public Order. The research employs a normative-empirical legal method with a qualitative approach. Data were collected through document analysis, in-depth interviews with Satpol PP officers, local government officials, and business actors, as well as field observations. The findings indicate that although Regional Regulation Number 8 of 2007 provides a comprehensive legal framework, its implementation by Satpol PP remains suboptimal. Law enforcement tends to be limited to administrative measures such as warning letters and symbolic fines, without escalation to judicial proceedings. Key obstacles include regulatory overlap, limited personnel and operational resources, economic pressures on the community, and a communication approach that lacks participatory engagement. To improve legal compliance, a holistic strategy is required combining consistent repressive enforcement with preventive efforts such as participatory legal education, provision of affordable legal business locations, licensing reform, and institutional capacity strengthening within Satpol PP.]]>
<![CDATA[Optimalisasi Peran PPAT Dalam Pencegahan Praktik Mafia Tanah: Analisis Yuridis Atas Fungsi Pengawasan Dan Akuntabilitas Jabatan ]]>
<![CDATA[Mahendra, Martins Izha]]>;
<![CDATA[Djaja, Benny]]>;
<![CDATA[M Sudirman, M Sudirman]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.505
<![CDATA[The Land Deed Official (PPAT) holds a strategic role in Indonesia’s land law system, as they are authorized to draw up authentic deeds that serve as the legal basis for the transfer of land rights. The legal status of PPAT is regulated under the Basic Agrarian Law, Government Regulation No. 24 of 1997, and Government Regulation No. 37 of 1998 in conjunction with Government Regulation No. 24 of 2016. However, in practice, problems arise regarding the involvement or negligence of PPAT in land mafia activities due to weak supervision and lack of professional integrity. This raises the question of how effectively PPAT’s responsibility and accountability function in preventing land-related crimes. This study aims to analyze the role, authority, and supervisory mechanisms of PPAT in preventing land mafia practices in Indonesia. The research employs a normative legal method with statutory and conceptual approaches, supported by qualitative analysis of primary and secondary legal materials. The findings show that the effectiveness of PPAT’s role is highly influenced by consistent supervision from the Ministry of Agrarian Affairs/National Land Agency (ATR/BPN), strict enforcement of administrative and criminal sanctions, and the implementation of digital land administration systems. Strengthening PPAT integrity is essential to ensure legal certainty and enhance public trust in Indonesia’s land law system.]]>
<![CDATA[Kewenangan Dan Pertanggungjawaban Notaris Dalam Pembuatan Perjanjian Pengikatan Jual Beli Tanah : Implikasi Terhadap Kepastian Hukum Dan Perlindungan Hukum Para Pihak) ]]>
<![CDATA[Brigays, Chintia Ayala]]>;
<![CDATA[Djaja, Benny]]>;
<![CDATA[Sudirman, M.]]>
<![CDATA[ Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I ]]>
Publisher : <![CDATA[Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia ]]>
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DOI: 10.69836/equality-jlj.v2i2.508
<![CDATA[This study examines the authority and legal liability of Notaries in drafting the Sale and Purchase Binding Agreement (PPJB) for land and its implications for legal certainty and the protection of the parties involved. The main issue addressed is the inaccurate understanding of a Notary’s authority in practice (dassein), which is often equated with that of the Land Deed Official (PPAT), whereas normatively (dassolen) both have distinct boundaries as stipulated in the Law on Notary Positions and regulations on land rights transfer. The purpose of this research is to analyze the scope of a Notary’s authority, the forms of legal responsibility, and their contribution to ensuring legal certainty in land sale and purchase transactions. The research employs a normative juridical method with a statutory and conceptual approach through an examination of doctrines, legislation, and relevant court decisions. The results show that Notaries are authorized to prepare PPJBs as authentic deeds that provide perfect evidentiary value and secure the principal agreement between the seller and the buyer. However, the authority to transfer ownership rights remains with the PPAT through the Sale and Purchase Deed (AJB). A Notary’s legal liability covers civil, criminal, and administrative aspects, playing an essential role in preventive and repressive legal protection to ensure legal certainty in land transactions.]]>
