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Muhamad Hasan Rumlus
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Equality Before The Law
Published by Universitas Pendidikan Muhammadiyah Sorong
ISSN : -     EISSN : 28080998     DOI : 10.36232/equalitybeforethelaw
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Scientific Journal Equality Before The Law with E-ISSN: 2808-0998, published by the Law Study Program, Faculty of Law, Social and Political Sciences, Muhammadiyah Education University, Sorong, which accommodates and publishes research results or opinions related to legal science in general and broadly, both dogmatically, law, theory law and legal philosophy compiled by academics, researchers or legal practitioners. especially the results of research or opinions relating to civil law, criminal law, constitutional law, state administrative law, international law, Islamic law. This journal is published two (2) times in 1 (one) year, namely February and October.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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Urgensi Peran Masyarakat Dan Perguruan Tinggi Dalam Memberantas Tindak Pidana Korupsi Guna Menciptakan Good Governence Ananda Bintang Puspita Pertiwi
Equality Before The Law Vol 5 No 1 (2025): EQUALITY BEFORE THE LAW
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/equalitybeforethelaw.v5i01.1651

Abstract

Saat ini kejahatan korupsi merajalela, kini korupsi tidak hanya berskala pemerintah, tetapi juga menginvasi dunia pendidikan. Perilaku korupsi yang terus-menerus efek kumulatif pada masyarakat pada generasi muda. Generasi muda generasi penerus bangsalah yang meneruskan kehidupan pemerintahan. Jika perilaku koruptif ini tumbuh di generasi muda, sehingga korupsi ini terus berkembang dan tidak akan terputus dapat menghancurkan bangsa Indonesia sendiri. Salah satu sarana untuk mencegah korupsi adalah pendidikan memerangi korupsi di universitas. Proses pembelajaran dalam pelatihan antikorupsi adalah memantapkan pendalaman pendidikan antikorupsi siswa sehingga siswa diajarkan perilaku kritis dalam situasi operasional atau berperilaku sesuai dengan nilai-nilai antikorupsi. Dan pentingnya peran perguruan tinggi sebagai tempat untuk melaksanakan tindakan preventif dan pemberantasan korupsi. Dalam penulisan artikel ini, penulis menggunakan suatu metode pendekatan kualitatif dengan metode penelitian kepustakaan yang berangkat digunakan sebagai kajian untuk mendeskripsikan upaya pemberantasan dan pencegahan korupsi melalui pelatihan antikorupsi dari berbagai penelitian perbandingan adalah referensi ke artikel, majalah, buku dan media cetak dan elektronik dan sumber penelitian lainnya.
Synergy Between the Village Head and Baperkam in the Formulation of Village Regulations in Weriagar Mogotira, Teluk Bintuni Regency bhynuz_bauw gredhino_jaden
Equality Before The Law Vol 6 No 2 (2026): Equality Before The Law
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/ebl.v6i2.5893

Abstract

  This study aims to examine the process of formulating village regulations and the constraints encountered in drafting such regulations in Weriagar Mogotira Village, Weriagar District, Teluk Bintuni Regency. The formulation of village regulations by the Village Consultative Body (Baperkam) and the Village Head plays a critical role in producing regulations that conform to the standard procedure of planning, drafting, deliberation, stipulation, and dissemination, all of which must be underpinned by coordination, communication, and synchronization. This research employs a qualitative method to describe the problem under study. Data were collected through direct field observation, interviews, and documentation, and were analyzed using both primary and secondary data to verify the completeness of the information obtained. The findings indicate that Weriagar Mogotira Village does not yet have a village regulation, owing to limited understanding of the mechanism for drafting such regulations. The obstacles identified include a lack of cooperation, instances of disagreement among stakeholders, and the fact that several stakeholders remain unaware of their respective duties and functions; consequently, there is a need to provide the community with a clearer understanding of the duties of the Village Head and Baperkam
Analysis of the Legal Status of Children Born from Unregistered (Siri) Marriages under Law Number 16 of 2019 concerning Marriage at the Sorong Religious Court Maria Juliana; Mariya Azis; Moh. Ery Kusmiadi
Equality Before The Law Vol 6 No 2 (2026): Equality Before The Law
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/ebl.v6i2.6090

Abstract

This study aims to comprehensively analyze the legal status of children born from unregistered (siri) marriages under the framework of Law Number 16 of 2019 concerning Marriage and its judicial implementation at the Sorong Religious Court. Using an empirical legal research method with a socio-legal approach, data were collected through in-depth interviews with judges, registrars, and advocates at the Sorong Religious Court, as well as document analysis of case files concerning applications for marriage ratification (isbat nikah). The results show that, according to the judges of the Sorong Religious Court, the regulation of the legal status of children from siri marriages already has an adequate legal basis through Law Number 16 of 2019, the Compilation of Islamic Law, the Child Protection Law, and Constitutional Court Decision Number 46/PUU-VIII/2010. In practice, children from siri marriages can still obtain legal certainty of status through the mechanism of marriage ratification followed by a determination of the child's parentage. However, the interview results indicate that the main obstacles do not lie in the juridical aspect, but rather in the low level of public knowledge regarding legal procedures, the strong cultural influence that still regards siri marriage as a normal practice, limited public access to judicial services in island regions, and economic factors that cause communities to delay marriage registration. Pregnancy outside of marriage and early-age marriage are also factors that encourage the occurrence of siri marriages and affect the fulfillment of children's civil rights. Legal protection for children from siri marriages is, in principle, already available through the applicable legal mechanisms; however, its effectiveness remains influenced by social, cultural, and economic factors, as well as low public legal awareness. Therefore, enhanced legal outreach, easier access to judicial services, and education on the importance of marriage registration are needed to ensure optimal protection of children's rights.
A Legal Politics of the Criminal Justice System in Dealing with Cybercrime in the Era of Digital Transformation to Realize Justice in Criminal Law Enforcement in Indonesia umar umar dinata; Ike Sumawaty
Equality Before The Law Vol 6 No 2 (2026): Equality Before The Law
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/ebl.v6i2.6265

Abstract

Digital transformation has changed the patterns and characteristics of crime to become increasingly complex, organized, and cross-jurisdictional, posing new challenges for the criminal justice system in Indonesia. Adaptive legal politics is the main prerequisite to ensure that criminal law policies can accommodate technological developments while ensuring legal certainty, justice, and utility. This research aims to analyze the legal politics of the criminal justice system in dealing with cybercrime in the era of digital transformation and to reconstruct criminal law policies to realize justice in criminal law enforcement in Indonesia. The research uses a juridical-normative method with a legislative and conceptual approach. The research data is in the form of secondary data obtained through literature studies on laws and regulations, scientific literature, and previous research results, then analyzed qualitatively by descriptive-systematic analysis techniques. The results of the study show that the legal politics of the criminal justice system still face various obstacles in the form of regulatory disharmony, limitations in electronic evidence arrangements, weak coordination between law enforcement, and suboptimal protection for victims of cybercrime. Therefore, the reconstruction of criminal law policy needs to be directed at harmonizing regulations, strengthening restorative justice, protecting victims, digitizing the criminal justice system, increasing the capacity of law enforcement officials, and strengthening national and international cooperation. The reconstruction is expected to be able to realize a criminal justice system that is adaptive, fair, oriented towards the protection of human rights, and responsive to the development of digital technology
The Responsive Law Paradigm in the Enforcement of Election Criminal Offenses: Reorientation of Bawaslu's Authority as an Independent Investigator Muhammad Wahdini; Muhammad Noor Shaleh; Ranti Suminar Endah; Ahmad Baihaki
Equality Before The Law Vol 6 No 2 (2026): Equality Before The Law
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/ebl.v6i2.6358

Abstract

Enforcement of election-related criminal offenses in Indonesia continues to face various institutional obstacles due to the limited authority of the Election Supervisory Body (Bawaslu), which functions only as a supervisor and reporter, while investigative authority rests with the Police through the Integrated Law Enforcement Center (Gakkumdu). Data from the National Legal Development Agency shows that in the 2019 General Election, only 345 of 2,798 alleged election criminal offenses discussed at the Gakkumdu Center were declared to meet the elements of a criminal offense, indicating that the effectiveness of election criminal law enforcement remains low. This study aims to analyze the philosophical, juridical, and sociological foundations for strengthening Bawaslu's investigative authority through the perspective of the Responsive Law theory of Philippe Nonet and Philip Selznick. This research is normative legal research employing statutory, conceptual, and case approaches, supported by secondary empirical data in the form of official reports from Bawaslu and the National Legal Development Agency, as well as scholarly literature to reinforce the normative analysis. The results show that the current institutional design for enforcing election criminal offenses still reflects the character of autonomous law, oriented toward formal procedure, and thus does not yet fully guarantee substantive electoral justice. From the perspective of Responsive Law, effective law enforcement requires institutions that are adaptive, independent, and oriented toward protecting citizens' political rights. Therefore, reconstructing Bawaslu's investigative authority is regarded as a viable legal policy alternative worth considering through amendments to statutory regulations, while still upholding the principle of checks and balances within the criminal justice system, in order to strengthen electoral integrity and the quality of democracy in Indonesia.
Prevention EffortsImplementation of Diversion in Handling the Crime of Motorcycle Theft by Children at the Sorong Police Nadila; muhamad hasan rumlus; Resdianto Willem
Equality Before The Law Vol 6 No 2 (2026): Equality Before The Law
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/ebl.v6i2.6412

Abstract

Theft offenses are frequently committed by juveniles, who are legally classified as children under Indonesian law. The involvement of children in theft is often associated with psychological immaturity and emotional instability, making them more susceptible to influence, persuasion, or coercion by adults to engage in criminal acts. This study aims to examine and analyze the implementation of diversion in the settlement of cases involving motorcycle theft committed by children. It adopts a juridical approach with a descriptive research design. The study employs both secondary data, collected through a literature review, and primary data, obtained through field research, particularly interviews conducted with investigators at the Sorong District Police. The findings reveal that the implementation of diversion in cases of motorcycle theft committed by children has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The law requires investigators to initiate diversion during the investigation stage by involving all relevant parties, including the child offender, the victim, their respective parents or guardians, professional social workers, and the Correctional Center (Balai Masyarakat/Bapas), in a deliberative process aimed at reaching a Diversion Agreement. Several factors affect the effectiveness of diversion, including the limited number of law enforcement officers who have received specialized training on the Juvenile Criminal Justice System, victims' demands for excessive compensation motivated by financial gain, and the public's limited understanding of the objectives and procedures of diversion.

Page 7 of 7 | Total Record : 66

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