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INDONESIA
Journal of Law and Justice
Published by Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia
ISSN : -     EISSN : 30481252     DOI : https://doi.org/10.69836/equality-jlj
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 39 Documents
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Transformasi KKEP Pasca Perpol No. 7 Tahun 2022 Dan Optimalisasi Divisi Propam nurhaedin, Rafi Dwi Fathurahman Nur
Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v2i2.429

Abstract

The enforcement of the code of ethics within the Indonesian National Police (Polri) still faces significant challenges, such as a high number of violations, lack of transparency, and declining public trust in the police institution. This research aims to analyze the transformation of the role of the Police Code of Ethics Commission (KKEP) following the enactment of Police Regulation Number 7 of 2022 and to examine the optimization of the Professional and Security Division (Propam) in strengthening the internal supervision system of the Indonesian National Police (Polri). The research method used is normative juridical, with data collection through literature study and in-depth interviews with AKP Nurhaedin, Head of Subdivision of Cyber and Information Technology, Subdivision of Professional and Security, Propam Division of Banten Regional Police. The research results show that Perpol No. 7 of 2022 brings significant changes, expanding the authority of KKEP and providing flexibility in determining whether the ethics hearings are open or closed. KKEP now plays a strategic role in building professionalism, transparency, and accountability within the National Police. The optimization of the Propam Division through four oversight systems (internal, external, community, and direct supervision) strengthens the training and enforcement of member discipline. The synergy between KKEP and Propam creates a more effective, fair, and responsive system for enforcing the code of ethics, addressing public criticism, and adapting to technological advancements and social values. This study also recommends strengthening institutional capacity, enhancing coordination with external oversight agencies, as well as community participation and strengthening ethics education within the National Police to build a sustainable culture of professionalism and integrity. These findings are expected to serve as a reference in the future efforts to reform the enforcement of the Polri code of ethics, in order to realize a professional, accountable, and trusted police institution.
Affirmation and Expansion of the Object and Subject of Disputes Between Election Participants in the Electoral Process Sondi, Putri
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.451

Abstract

General Elections (Pemilu) serve as a fundamental pillar of modern democratic systems, acting as a primary means for the realization of popular sovereignty. Through elections, citizens are given the opportunity to directly shape the political direction and leadership of the country. However, in practice, elections in Indonesia are often accompanied by various issues, including disputes—not only between participants and election organizers, but also among the participants themselves. Law Number 7 of 2017 concerning General Elections provides clear regulation only for disputes involving decisions made by the General Elections Commission (KPU), yet it fails to explicitly address conflicts between political contestants. This regulatory gap results in a vacuum of norm and leads to legal uncertainty on the ground. This study aims to identify who qualifies as the legal subjects and what constitutes the legal objects in disputes between election participants. It also seeks to determine the appropriate legal classification for resolving such disputes: whether they fall under public law or are more suitably handled as matters of private law. Using a normative legal approach—grounded in legal literature and legislative analysis—and a conceptual approach to explore ideal dispute resolution structures within the Indonesian legal framework, this study provides a comprehensive theoretical and normative mapping. The findings suggest that disputes between election participants should be situated within the realm of private law, particularly civil law, since they usually concern unlawful acts committed between equal parties, such as political defamation, breaches of campaign agreements, or reputational damage. This is consistent with the views of Sudikno Mertokusumo, who argued that civil law governs relationships between parties on an equal footing and does not involve direct public authority. Therefore, electoral regulatory reform is needed to ensure legal certainty and provide a fair dispute resolution mechanism, ultimately strengthening democratic legitimacy and promoting ethical political competition
Hilangnya Jaminan Fidusia dalam Perjanjian Kredit dan Konsekuensi Hukumnya Siregar, Dahris; Lubis, Muhammad Dhobit Azhary
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.499

Abstract

The withdrawal of the fiduciary guarantee will be affected if the credit agreement's fiduciary guarantee object is destroyed or lost. The purpose of this research is to ascertain the legal implications of fiduciary pledges in credit agreements being lost by taking into account the position of creditors in such a scenario. The issues brought up, examined, and clarified in this study are centered on the application of rules or norms in positive law as it employs a normative research methodology. Primary, secondary, and tertiary legal materials are used in the issue method, which combines a legal and conceptual approach. The study's findings demonstrate that the legal ramifications of a fiduciary guarantee loss arrangement do not absolve the debtor of making the outstanding credit installment payments to creditors. According to the study's findings, fiduciary assurances in credit agreements are essential for providing creditors with legal protection. since the debtor is the object of the guarantees. This implies that should the debtor fail to fulfill their obligations under the credit agreement with fiduciary assurances, in order to ensure the interests of creditors are protected by the law, when attempting to reach a settlement, creditors may seek executorial seizure of the debtor's assets.
Tanggung Jawab Direksi–Komisaris Pasca Serangan Siber: Fiduciary Duty dan Business Judgment Rule Arafat, Muhammad; Ugra Nugraha, Sigit
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.511

Abstract

Digital transformation positions cyberattacks as a critical business risk, raising accountability questions at the board level. This article aims to (i) map the synergy between the legal frameworks of the Limited Liability Company Law (UU PT), the Personal Data Protection Law (UU PDP), and the Electronic Information and Transactions Law (UU ITE) and sectoral regulations in dividing the obligations for preventing, monitoring, and reporting cyber incidents; (ii) formulate operational parameters for when negligence in cybersecurity governance can be qualified as a breach of fiduciary duty (specifically the duty of care) to the point of implicating the personal liability of company organs and, in certain circumstances, the penetration of limited liability; and (iii) assess the limits of the applicability of the Business Judgment Rule (BJR) as a post-incident safe harbor through process-based evidence. This research uses a normative juridical method with three approaches: legislation (Law 40/2007 concerning Limited Liability Companies, Law 27/2022 concerning Personal Data Protection, the ITE Law and its amendments, and sectoral regulations), doctrinal (fiduciary duty and BJR), and limited comparative (GDPR and the Caremark doctrine regarding the duty of oversight). The research findings indicate that: (i) failure to establish and oversee an adequate cybersecurity system can be viewed as a breach of duty of care, and if accompanied by circumstances indicating abuse or bad faith can strengthen the basis for attribution of personal responsibility and open up the possibility of assessing the penetration of limited liability; (ii) BJR only protects decisions/supervision made in good faith, based on adequate information, free from conflicts of interest, and accompanied by proportional preventive measures; (iii) documented and deadline-sensitive compliance—including notification of data protection failures no later than 3x24 hours, reporting of financial services sector incidents, and disclosure of information to issuers regarding material facts—is a key evidentiary element for assessing the fairness of the process and the enforceability of BJR; and (iv) the NIST Cybersecurity Framework and ISO/IEC 27001 can be positioned as objective benchmarks for assessing compliance with prudential standards. These findings offer a simple supervisory adequacy test for courts and process documentation guidelines (process dossiers) for Directors and Boards of Commissioners to strengthen the defensibility of post-incident decisions and supervision.
Politik Hukum Penganggaran Dosen dalam Kerangka Hak Konstitusional atas Kebebasan Akademik Mubarok, Rizki
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.530

Abstract

This study examines the political configuration of higher education budgeting in Indonesia and its implications for academic freedom. Despite the constitutional mandate allocating 20% of the national budget to education, the proportion specifically directed to higher education, particularly for improving lecturers’ welfare, has declined in recent years. Using a normative and comparative legal approach, this research analyzes how state budget policy reflects the principles of justice and the rule of law. The study employs Bertrand Russell’s theory of academic freedom, Friedrich Julius Stahl’s concept of the Rechtsstaat, and John Rawls’s theory of distributive justice as analytical frameworks. The findings indicate that the low level of lecturers’ welfare has weakened the material foundation of academic independence, leading to reduced intellectual autonomy in universities. Strengthening lecturers’ welfare through equitable budget distribution is therefore essential to realizing the constitutional ideal of a democratic and just legal state based on Pancasila.
The Urgency of Considering Age and Psychological Maturity in Applying Indonesian Juvenile Criminal Responsibility System I Made Agus Astra Wiguna; I Dewa Gede Dana Sugama
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.541

Abstract

The determination of criminal responsibility for juvenile offenders remains a complex legal issue, particularly when assessments rely primarily on chronological age without sufficient attention to psychological maturity. Such an approach risks imposing sanctions that are disproportionate to a child’s emotional and cognitive capacity, potentially undermining the rehabilitative purpose of juvenile justice. This study examines how juvenile criminal liability should be determined by integrating both age and psychological maturity within the Indonesian juvenile justice system. Employing a normative juridical method, this research applies statutory and conceptual approaches to analyze relevant legislation, legal doctrines, and theoretical frameworks governing juvenile justice. The findings demonstrate that Indonesia’s juvenile justice system is grounded in the principle of individual accountability, whereby children may be held responsible for criminal acts based on their personal capacity and developmental stage. The system adopts a dual-track sanction model that combines criminal penalties with educational and rehabilitative measures, reflecting an effort to balance accountability with the child’s need for guidance and development. The establishment of a minimum age of criminal responsibility serves as an essential safeguard, preventing children who lack sufficient emotional and cognitive maturity from facing legal consequences they cannot fully comprehend. Ignoring psychological maturity risks distorting the objectives of juvenile justice and may result in negative developmental consequences. Therefore, this study underscores the importance of a holistic assessment that integrates legal age and psychosocial development, supporting a more humane, educational, and rehabilitative approach that enables juvenile offenders to reform, reintegrate, and grow into responsible members of society.
Pelaksanaan Tanggung Jawab DLHK Terhadap Pengelolaan Sampah Berkelanjutan Di TPA Jatiwaringin Maharani, Rahesha; Ikomatussuniah; Cahyani, Ferina Ardhi
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.579

Abstract

The increase in waste volume every year in Tangerang Regency has caused the existence of the Jatiwaringin TPA, Tangerang Regency to be increasingly concerning. The Tangerang Regency Government, through the Tangerang Regency DLHK, has the responsibility for waste management as regulated in Article 2 and Article 3 paragraph (1) of Tangerang Regency Regulation Number 1 of 2023 concerning Waste Management. The purpose of this study was to determine the implementation of the Tangerang Regency Government's responsibility in waste management at the Jatiwaringin TPA and the obstacles to the implementation of the Tangerang Regency Government's responsibility in waste management at the Jatiwaringin TPA based on Tangerang Regency Regulation Number 1 of 2023 concerning Waste Management. The theories used are the theory of legal responsibility and the theory of the welfare state. The research method is empirical juridical. The research specifications are descriptive analytical. Data sources are primary data and secondary data. Data collection techniques are by interviews and related documents. Data are obtained and analyzed descriptively with a qualitative approach method. The results of this study are that the Tangerang Regency DLHK has not been optimal in carrying out its responsibility for waste management at the Jatiwaringin TPA using the theory of legal responsibility, namely due to the implementation of roles, including rights and obligations. Although the Tangerang Regency DLHK has attempted the Kurasaki, Kurasakan program and the application of waste management technology to reduce the volume of waste at the Jatiwaringin TPA. However, the use of the open dumping method which is still used at the Jatiwaringin TPA and the minimal provision of waste management facilities and infrastructure as a form of negligence in the role of implementing obligations. The implementation of this responsibility still experiences obstacles, including budget limitations, limited human resources and technology, limited land capacity of the TPA, and lack of public awareness in waste management. These obstacles indicate that the legal responsibility of the Tangerang Regency DLHK in realizing the principles of a welfare state, which should guarantee welfare and social justice for the community, is not yet optimal.
Problematika Mahkamah Kehormatan Dewan Dalam Penegakan Etika Parlemen (Studi Komparatif Lembaga Etik Di Indonesia) Santoso, Rizki Andi; Itsnain Amirulazka, Naufal; Valent Siatiman, Reinhard; Rayyana Firdaus, Naira; Karyadi, Frederica
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.629

Abstract

The Council of Honor (MKD) as the institution that enforces the code of ethics for members of the House of Representatives is a crucial instrument in maintaining the dignity and integrity of the Indonesian parliament. Normatively, the MKD is regulated in Law Number 17 of 2014 concerning MD3, but the membership design, which is entirely derived from DPR factions, creates a high potential for conflict of interest, making the ethical enforcement process susceptible to internal political interests. In addition, the provisions of Article 132 paragraph (1) of the MD3 Law, which stipulates that MKD hearings are closed, have created an inconsistency with Article 5 paragraph (2) of DPR Regulation No. 1 of 2015 concerning the Code of Ethics, which emphasizes that members of the DPR must be willing to be monitored by the public. This study aims to examine the structural and normative weaknesses of the MKD in enforcing the ethics of DPR members. The research method used is normative juridical with a legislative, conceptual, and comparative approach by comparing the MKD with other ethical institutions such as the DKPP, the Honorary Council of Judges, and the Honorary Council of Notaries. The results of the analysis show that the MKD as an ethical institution is still vulnerable to political intervention and conflicts of interest due to its membership structure and normative regulations related to the conduct of hearings that are contradictory. In addition, the suboptimal imposition and execution of decisions have resulted in weak public trust in the MKD. Thus, it is necessary to reformulate regulations related to the MKD through open hearings, restructuring membership based on independent elements, and strengthening the execution of decisions without dependence on political decisions made in plenary sessions.
Hukum sebagai Instrumen Rekayasa Sosial dalam Pembentukan Legal consciousness melalui Penerapan ETLE Widayanti, Putri Wahyu
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Penguatan Prinsip Tanggung Jawab dan Perlindungan Hak dalam Sistem Hukum Indonesi
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.714

Abstract

From a sociology of law perspective, law is not merely understood as a body of written norms, but also as an instrument of social engineering that directs behavioral change within society. This article examines the implementation of Electronic Traffic Law Enforcement  (ETLE) in Indonesia as a manifestation of law as social engineering in shaping public legal consciousness toward traffic safety. This study adopts a qualitative approach using a juridical-sociological method through the analysis of legislation, academic literature, and socio-legal theoretical frameworks. The analytical framework is based on Roscoe Pound’s theory of law as a tool of social engineering, Lawrence M. Friedman’s legal system theory, the concept of legal consciousness developed by Ewick and Silbey, and Talcott Parsons’ structural-functional theory through the AGIL scheme. The findings demonstrate that ETLE functions not only as a technological innovation in law enforcement but also as a mechanism of social integration that constructs new legal experiences for society. Through technology-based surveillance, ETLE encourages a shift in compliance patterns from fear-based obedience (compliance) toward the internalization of traffic safety values (internalization). However, the effectiveness of ETLE as an instrument of social engineering remains influenced by structural capacity, legal substance, and prevailing legal culture. Therefore, the success of ETLE in fostering a sustainable traffic safety culture depends on strengthening legal consciousness through synergy among legal structure, substance, and culture.

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