Journal Equity of Law and Governance

The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly welcome.

List of Papers (Total 162)

Criminal Law Analysis of the Exploitation of Women in the Film Sang Penari

This study examines these issues within the framework of Indonesia's criminal law development, focusing on the film Sang Penari. Through the character Srintil, the film vividly portrays how cultural practices can entrap women in cycles of exploitation that are legitimized by societal expectations. Although Indonesia has adopted various progressive legal regulations such as Law No...

Determination Of The Seller's Absence In The Sale And Purchase Agreement Of Land Ownership Rights

This study investigates the legal implications of the seller's absence in a land ownership rights sale and purchase agreement, focusing on a case where the seller's whereabouts were unknown. The research examines Court Ruling Number 52/Pdt.P/2014/PN Mkd, which declared the seller, Nur Rochman, absent and appointed his father, Sarkam, to represent him in the sale of his land. The...

Sharia Insurance Disputes Through Sharia Arbitration: A Legal Discourse

Sharia insurance in Indonesia has experienced significant growth, accompanied by increasingly complex disputes between Islamic insurance companies and policyholders. The primary issue lies in the fragmented legal framework for resolving sharia insurance disputes, with relevant provisions spread across multiple laws and regulations. This has become a discourse and issue of legal...

Digital Nomad:Analysis of Legal Impact and Government Influence on The Concept of Cultural Tourism in Bali

Digital nomadism has emerged as a growing trend within the global tourism landscape, offering unique opportunities for Bali’s cultural tourism sector. By attracting remote workers who seek immersive travel experiences, Bali can develop cultural tourism rooted in local wisdom, thus revitalizing its tourism industry. This approach is particularly relevant as the sector recovers...

Effectiveness of Regulation of The Minister of Trade Number 40 Of 2022 Concerning Goods Prohibited from Export and Goods Prohibited from Import in The Tabanan Frog Market

This research examines the factors contributing to the ongoing trade of imported used clothing at Tabanan Regency’s Frog Market and evaluates the enforcement of Minister of Trade Regulation Number 40 of 2022, which prohibits the import and sale of such items. Imported used clothing poses a threat to local MSMEs and is flagged as a potential health risk due to its contact with...

Regulation of the Right to Strike for Professional Sportsmen in Indonesian and Spanish Law Perspectives

Strikes are a fundamental right of workers across the globe, representing a manifestation of the right to freedom of association and the protection of the right to organise. It thus falls upon the state to safeguard the right to strike, which may be achieved, for instance, by enacting national legislation that strikes a fair balance between the interests of professional sportsmen...

Protecting Well-Known Marks Related to Territorial Principle: From Substantive Similarity to the Distinctiveness Theory

Well-known marks are vulnerable to violations, including in Indonesia. Registered trademark disputes often occur between well-known and local mark owners regarding substantive similarities with well-known marks. Ironically, the dominant dispute resolution protects local marks with the rationality of mark protection based on Territorial Principles. The purpose of this study is to...

Law Enforcement Against Hazardous Waste Pollution Links to Environmental Protection (PT. Kimu Case Study)

The purpose of this study is to determine the law enforcement against environmental pollution due to hazardous and toxic waste by PT Kimu Sukses Abadi. Regulations that regulate the problem of surrounding defilement made from industry enterprises that make hazardous and toxic mill cesspits require laws that can keep effect negative on their around neighborhood, videlicet...

Nisab Zakat Profi E-Sport Perspective Qiyas

One of the uses of technology in the video game industry has led to a new reality: playing video games can now become a profession with significant income. E-Sports (Electronic Sports) is a form of competitive video gaming that demands high skill and teamwork to achieve victory. This profession has grown in popularity as its income often far exceeds the regional minimum wage in...

A Critical Review of Restorative Justice Policy in the Indonesian Criminal Justice System Post Law No. 1 of 2023 concerning the Criminal Code

This research examines how the amendments introduced by Law No. 1 of 2023 have integrated restorative justice practices into Indonesia's criminal justice system. It explores key obstacles, particularly the tension between restorative justice and the traditional emphasis on punitive measures within society's legal framework. Utilizing a normative descriptive and juridical...

Re-Voting for The Election of Regents and Deputy Regents (Analysis Study of The Constitutional Court Decision Number: 58/Php. Bup-Xix/2021 Siyasah Qadhaiyah Perspective)

This study aims to conduct an in-depth analysis of the Constitutional Court Decision No. 58/PHP.BUP-XIX/2021, which ordered a re-vote in the 2020 Labuhanbatu Regent and Deputy Regent Election, from the perspective of Siyasah Qadhaiyah (Islamic judicial politics). The focus of this research is to examine how the Constitutional Court's decision can be understood within the...

Legal Analysis of The Role of Mediators in The Sibolga Religious Court in Minimizing Divorce Rates

This study aims to analyze the role of mediators in the mediation process of divorce cases at the Sibolga Religious Court and the effectiveness of mediation efforts in minimizing the divorce rate. Based on data from the Sibolga Religious Court, there was a significant increase in the success rate of mediation in 2021 and 2022. In 2021, from a target mediation success rate of 5...

Legal Protection of Insurance Policyholders of PT Aspan Medan in the Revocation of Business License by the Financial Services Authority Institution

Public trust in insurance companies is growing rapidly, as shown by the amount of premiums successfully collected by insurance companies. Therefore, insurance companies must improve their performance to support public trust in insurance. The life insurance firm Aspan Medan Company lost its business license from Financial Services Authority. Financial Services Authority roles...

Analysis of Domestic Infidelity Resulting in Loss of Life SUPREME COURT DECISION NUMBER 350 K / PID / 2011

This study aims to analyse the legal implications of infidelity in the household that leads to the loss of life with a case study of Supreme Court Decision Number 350 K/PID/2011. The research focuses on how Indonesian law addresses cases where infidelity results in murder, as well as the legal challenges faced in prosecuting such cases, including the intersection of criminal law...

Exemption from the position of Head of the Health Office by the Regent of Deli Serdang (Study of the Decision of the State Administrative Court Number 38/G/2023/PTUN. MDN Siyasah Qadhaiyyah Perspective)

In this study, the state administrativ Court's (PTUN) Decision Number 38/G/2023/PTUN.MDN is analyzed which is related to the dismissal of the Head of the Deli Serdang Health Office by the Regent. The main issue raised is the legality of the dismissal from the perspective of administrative law and the principles of siy?sah qa?h?’iyyah. This research employs a library research...

Legal Protection Of Consumers Due To The Price Of Display Shelves (Case Study Of Indomaret West Halmahera in 2022)

Consumers are often confronted with business practices that tend to disadvantage them. One such practice is when the price displayed on a product's display box differs from the price at the store cashier. Given the uncertainty about the price of an item, this can negatively impact buyers. Regulations aimed at protecting consumers and providing legal clarity must exist. One such...

Analysis Of The Validity Of Underhand Exchange Agreements (Study Of Court Decision Number 21/PDT.G/2020/PN BLK)

This study aims to analyze the validity of the underhand exchange agreement based on a case study of court decision number 21/Pdt.G/2020/PN BLK. The method used in this study is qualitative with a juridical-normative approach. Data were obtained through in-depth interviews with legal experts and practitioners, as well as document studies of court decisions and relevant legal...

Juridical Analysis of PTUN Decision No. 128/G/PTUN-MDN Regarding the Dismission of Civil Servants Without Respect from the Perspective of Fiqih Siyasah

This study aims to conduct an in-depth analysis of PTUN Decision No. 128/G/PTUN-MDN concerning the dismissal of civil servants (PNS) without honor. Utilizing a fiqh siyasah approach, this research explores the juridical and administrative aspects of the decision. In the legal context, the study examines the compliance of the decision with various applicable regulations, including...

Law Enforcement and Protection in The Management of Incidental Parking in Medan City

This study aims to conduct a comprehensive analysis of law enforcement and legal protection in the management of incidental parking in the city of Medan. Incidental parking refers to temporary and unscheduled parking services that are often subject to legal challenges related to governance, security, and the protection of users’ rights. Through a normative juridical approach...

Accountability of The Government of The Republic of Indonesia For Illegal Migrant Workers

The accountability of the Indonesian government towards illegal migrant workers. This study examines how the government is accountable to illegal Indonesian migrant workers. This study aims to find out the causes, obstacles, and legal protection of illegal Indonesia migrant workers. This study uses a normative approach used to examine the protection of migrant workers in the...

Criminal Offenses of Misuse of Deepfake Porn Technology Based on Indonesia's Positive Law

This study aims to analyze the adequacy of Indonesia's positive law in addressing the criminal offenses related to the misuse of deepfake porn technology. As information and communication technology continues to advance significantly, many people utilize these technological developments for beneficial purposes. However, these advancements have also contributed to the rise of new...

Law Enforcement of Domestic Violence Cases Reviewed from Law No. 23 of 2004 concerning the Elimination of Domestic Violence (Case Study at the Medan Police PPA Unit)

This research aims to analyze the implementation of law the challenges faced by the Medan Police in enforcing laws against domestic abuse crimes. Two types of data were used in this study: primary and secondary. The primary data was obtained through an in-person interview with Mrs. Shitta Syadhira Ayu, the Assistant Investigator of the Medan Police PPA Unit. Books, magazines...

Zulna Fiqih Siyasah On Bnn's Duties in Overcoming Drug Trafficking According to Bnn Regulation Number 5 Of 2020 (Case Study of Tanjung Selamat District, Padang Tualang District, Langkat Regency)

Countering drug trafficking is one of the major challenges in maintaining public safety and welfare. This study focuses on BNN Regulation Number 5 of 2020 and its implementation in Tanjung Selamat Village, Padang Tualang District, Lalat Regency, and looks at the perspective of fiqh siyasah on the duties of the National Narcotics Agency (BNN) in dealing with drug trafficking. The...

Criminal Responsibility For The Perpetrator Of The Crime Of Sexual Abuse Committed By A Child Perpetrator Against A Child Victim Verdict Number : 35/Pid.Sus-Anak/2023/ Pn Mdn

This study examines the criminal responsibility of juvenile offenders involved in sexual abuse cases, focusing on Decision No. 35/Pid.Sus-Anak/2023/PN Mdn. Indonesia's legal framework for child protection is grounded in the 1945 Constitution and laws such as the Child Welfare Law No. 4 of 1979 and the Child Protection Law No. 35 of 2014. These laws aim to ensure children's rights...

The Role of the Village Head in Managing Bumdes Based on Law no. 06 of 2014 concerning Villages in Realizing Community Welfare Perspective of Islamic Law (Case Study of Bumdesa Aek Haruaya, Portibi District, North Padang Lawas District)

This study uses a case study of BUMDes Aek Haruaya, Portibi District, Padang Lawas Utara Regency, to analyze the function of the Village Head in the management of Village-Owned Enterprises (BUMDes) based on Law No. 06 of 2014 on Villages and from an Islamic legal perspective. The primary goal of this study is to assess the Village Head's performance in managing BUMDes and the...