Ekasakti Journal of Law and Justice
type: channel
description: Ekasakti Journal of law and Justice is an peer-reviewed journal. This journal is managed by the Master of Law Program, Universitas Ekasakti. The purpose of Ekasakti Journal of law and Justice is as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the results of research in the field of law directed to promote the values of Pancasila and democracy to build a sense of nationalism. Therefore, the Master of Law Program Universitas Ekasakti initiated to establish a journal that specifically develops the current issue of law. Starting from 2023 onward, Ekasakti Journal of Law and Justice requires English as its main language and therefore only accepts journal articles written in English. ISSN: 2987-7954 (Print) ISSN: 2987-436X (Online) Distribution : Open Access Frequency: Published in June and December.
publisher: Master of Law Program, Ekasakti University
language: en
publication name: Ekasakti Journal of Law and Justice
issn: 2987-7954
copyright: Authors who publish with the Ekasakti Journal of law and Justice agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
items: Legal Responsibilities For The Insured Resulting From Delay In Insurance Broker Premium Deposit To The Insurer In The Insurance Agreement
items: The Role of Mediators In Resolution of Inheritance Disputes As Reviewed From Supreme Court Regulation Number 3 of 2022 Concerning Mediation Procedures In Court
items: The Role of Arbitration Institutions In Resolution of Investment Disputes In Indonesia (Case Study on PT Ferrostaal AG Against PT. Nusantara III regarding Violation of Joint Venture Agreement)
items: Allegations Of A Cartel In Online Loan Service In The Enforcement of Business Competition Law
items: The Effectiveness of the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the Security Level of the Padang-Sicincin Toll Road Construction
items: Judge's Consideration of Evidence in the Crime of Illegal Access
items: Prevention of Criminal Acts of Forgery of Motor Vehicle Owners' Books through Blocking the Electronic Registration Identification (ERI) System
items: Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences)
items: Protection ff Human Rights Based on The International Covenant on Economic, Social and Cultural Rights
items: Delegation of Authority From The General Court to the Shariah Court in Nanggroe Aceh Darussalam Province
items: Challenges of Legal Consultants in Handling Law in The Capital Markets Sector
items: Legal Protection of Women as Victims of Sexual Harassment Through Electronic Media in Indonesia's Positive Law
items: The Effectiveness of the Implementation of the Electronic Ticket System on Public Legal Awareness in Traffic
items: Coordination of Supervision of Violations of Excess Tonnage in Goods Transportation
items: Dispute over Customary Land of the Bodi Sapik Clan, Certified Without the Permission of the Mamak Kapalo Waris and Its Settlement in Jorong Baruah, Tanah Datar
items: Legal Protection For Notaries By The Notary Honorary Council as A Witness in The Case Of Identity Forgery By The Parties Making The Deed
items: The Position of the Financial Audit Agency in Examining Regional Financial Management and Responsibility of West Sumatra Province
items: Registration of Transfer of Land Ownership Due to Inheritance in order to Ensure Legal Certainty
items: The State's Obligation to Protect Children's Rights Under National and International Law
items: Legal Certainty For Investment-Based on Insurance Policy Holders (UNITLINKS) After The Establishment of Alternative Institutions For Financial Services Dispute Settlement (LAPS SJK)
items: Implementation of The Basic Freedom of Contract in Review From The Shariah Alliance
items: https://www.ejrev.org/law/article/view/23
items: The Investigation Process of Plantation Crimes in the Production Forest Area
items: Insurance Products as Protection for Debtors Due to Failure to Implement Performance in Business Agreements
items: Position on The Arrangement of Administrative Sanctions By The KPPU Institution In State Science
items: The Urgency of Eliminating the Norms "The Indonesia Army Are Prohibited From Doing Business" Through The Drafting of A Indonesia Army Law Based on A Human Rights Perspective
items: Country Boundary Agreement as An Effort to Resolve The South China Sea Dispute
items: Developer Liability for Shophouses In Buildings By Buyers Standing On State-Owned Land Through Building For Turnover (BGS)
items: Justice In Management, Utilization and Preservation of Local Plant Varieties
items: Non-Penal Efforts to Overcome Crimes by Verbal Da'wah

Legal Responsibilities For The Insured Resulting From Delay In Insurance Broker Premium Deposit To The Insurer In The Insurance Agreement
type: item
description: The provisions for premium payments from insurance brokers to insurers are regulated in applicable laws and regulations. The provisions for insurance brokers to pay premiums to insurers are regulated by Financial Services Authority Regulation Number 70 of 2016 concerning the Implementation of Insurance Brokerage Companies, Reinsurance Brokerage Companies, and Insurance Loss Assessment Companies. The role of Insurance Brokers is quite important for the insured to be able to assist in paying premiums to insurers based on the regulated provisions. This is because insurance premiums in an insurance company are a company necessity in increasing company profits and can cover claims filed by the insured. However, there are problems in the field where late premium payments occur which are not the fault of the insured but rather the fault of the insurance broker who is late and will cause losses to the insured. In this case, the insured has legal remedies so that they can be given a good solution. This research is a legal research with a statute approach and an analytical approach. The results of this study explain that first, the legal efforts made by the insured regarding the dispute between the Insurance Broker and the Insurance Company (Insurer) are a result of the negligence of the insurance broker who did not pay the insured's policy premium. In fact, the insured considers that the Insurance Broker has carried out manipulative information actions as if there was no problem and finally the Policy was canceled unilaterally by the insurer. Second, the Insured did not clearly see the existing facts, especially the unilateral cancellation of the policy by the insurer that it is mandatory to be notified of the reasons for the cancellation. Thus, the insured's legal efforts through the criminal realm are only based on Article 31 paragraph (2) Jo. Article 75 of Law Number 40 of 2014 concerning Insurance. The recommendation is, it would be more appropriate for the appropriate l…
subject: Articles
  topic: section
subject: Insurance Broker
  topic: keywords
subject: Insurer
  topic: keywords
subject: Insured
  topic: keywords
subject: Late Payment
  topic: keywords
subject: Premium
  topic: keywords
subject: Mediation
  topic: keywords
subject: Dispute
  topic: keywords
creator: Tasman
rights: Copyright (c) 2025 Tasman (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-12-20
publication date: 2025-12-20
starting page: 102
ending page: 109
doi: 10.60034/twztm821

The Role of Mediators In Resolution of Inheritance Disputes As Reviewed From Supreme Court Regulation Number 3 of 2022 Concerning Mediation Procedures In Court
type: item
description: An inheritance dispute is a dispute that arises between heirs egarding the inheritance left by someone who has died. This conflict is often triggered by disagreements regarding the division of assets, the validity of a will, or determining who is entitled to be an heir. This dispute has a high sensitivity because it involves emotional relationships and close family ties. In the context of its resolution, mediation is a very relevant instrument for inheritance disputes because it can maintain good relations between families. The mediation process provides a constructive dialogue space for heirs to express their respective interests openly. Thus, you can find a fair and mutually acceptable solution without having to go through a lengthy court process. This research is a normative legal research (doctrinal research) with a statutory approach, a conceptual approach, and a case approach. According to Prof. Peter Mahmud Marzuki, normative legal research is a process to find a legal rule, legal principles, and legal doctrines to answer the legal issues faced. The results of this study explain that first,Based on Supreme Court Regulation Number 3 of 2022, the role of a mediator in inheritance disputes is extensive. A mediator acts as a neutral facilitator who not only bridges communication but also explores the root causes and hidden interests. Second, the implementation of this role is based on fundamental principles such as neutrality, confidentiality, and voluntary decision-making. Mediators professionally create a conducive environment for fair and equal negotiations. Third, Overall, Supreme Court Regulation 3/2022 emphasizes that mediation is an effective and humane path to resolving inheritance disputes. The mediator's role is key to transforming destructive conflict into an opportunity to improve family relationships. Therefore, utilizing this mediation mechanism is a wise choice for those seeking a fair, swift solution that maintains the integrity of family ties.
subject: Articles
  topic: section
subject: Mediation
  topic: keywords
subject: Inheritance
  topic: keywords
subject: Dispute
  topic: keywords
subject: Effective
  topic: keywords
subject: Mediator
  topic: keywords
creator: Ulfanora
rights: Copyright (c) 2025 Ulfanora (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: 95
ending page: 101
doi: 10.60034/8eaqcp49

The Role of Arbitration Institutions In Resolution of Investment Disputes In Indonesia (Case Study on PT Ferrostaal AG Against PT. Nusantara III regarding Violation of Joint Venture Agreement)
type: item
description: Arbitration comes from the word "arbitrare" which means "the power to resolve a case according to policy. From the definition of arbitration, it is a policy indicating that there is a forum for resolving business disputes for parties who are wiser in finding a fair solution. H. M. N Poerwosutjipto uses the term arbitration which can be interpreted as a peace court, where the parties agree that disputes regarding personal rights that they can fully control are examined and tried by an impartial judge and the decision is binding on both parties. On the other hand, the speed and effectiveness of dispute resolution through arbitration can also be done simply and informally, meaning it can only be determined by the parties to the dispute. The role of arbitration in carrying out legal functions and ensuring justice is seen in its authority, such as its ability to make decisions and encourage peace. The effectiveness of making decisions in dispute resolution through arbitration has been tested and is able to provide a meeting point to reach an agreement without having to sacrifice one of the parties to the dispute. Optimizing the success of dispute resolution through arbitration requires the parties to have a sense of good faith. The results of this study explain that, first, the role of arbitration in business investment disputes can be carried out in the realm of losses from one party in civil law in terms of lost profits and return those profits through the imposition of penalties to pay losses from the respondent itself. Second, the effectiveness of dispute resolution through arbitration forums is able to prove legal facts quickly and accurately so that PTPN III as a local Indonesian company is not proven guilty. In this regard, the arbitration forum is independent and cannot be intervened by any other party except the disputing parties. The author recommends the need for other legal guarantees. Therefore, in relation to this matter, legal, political, and security guar…
subject: Articles
  topic: section
subject: Arbitration
  topic: keywords
subject: Policy
  topic: keywords
subject: Investment
  topic: keywords
subject: Effectiveness
  topic: keywords
subject: Dispute
  topic: keywords
creator: Nanda Utama
rights: Copyright (c) 2025 Nanda Utama (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-12-02
publication date: 2025-12-02
starting page: 79
ending page: 86
doi: 10.60034/tgx3a959

Allegations Of A Cartel In Online Loan Service In The Enforcement of Business Competition Law
type: item
description: The regulation of online loan interest rate determination in Indonesia is regulated in the Guidelines for the responsible provision of information technology-based money lending services issued by the Indonesian Joint Funding Fintech Association (AFPI) and the association has the authority based on statutory regulations to determine loan interest rates and other fees for business actors engaged in the online loan service sector. A cartel occurs when several business actors agree to regulate: interest rates, minimum/maximum loan limits, division of marketing areas or control of prospective debtor data. The Business Competition Supervisory Commission stated that AFPI and its members were involved in an alleged online loan interest rate cartel and an investigation has been conducted into the allegation. The investigation has found that there is an agreement to determine online loan interest rates carried out by AFPI and its members and the KPPU has also found 44 reported parties in this case and found evidence to strengthen the allegation including statements from the reported parties, witnesses or experts who have relevance to this case and other evidence. Synergy between institutions and the application of digital monitoring technology are the main keys to preventing the formation of cartels in the online loan sector.
subject: Articles
  topic: section
subject: Cartel
  topic: keywords
subject: Online loan
  topic: keywords
subject: Business Competition
  topic: keywords
subject: Law
  topic: keywords
creator: Zulkifli
creator: Wetria Fauzi
rights: Copyright (c) 2025 Zulkifli, Wetria Fauzi (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-12-14
publication date: 2025-12-14
starting page: 87
ending page: 94
doi: 10.60034/7evdb803

The Effectiveness of the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the Security Level of the Padang-Sicincin Toll Road Construction
type: item
description: This research is a legal research with descriptive analytical specifications. The performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road is to maintain the safety of vital objects around the toll road and ensure the safety of workers and construction facilities so that the construction process is not disrupted. Conducting regular escorts at several conflict-prone points, especially in areas that reject toll road traffic. Crime prevention in the project area. Obstacles in the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road include limited personnel with special competencies to handle complex disturbances, lack of supporting facilities, such as modern communication equipment and patrol vehicles. Lack of coordination between the police and related institutions. Unclear procedures in handling conflicts. The effectiveness of the performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the level of security of the construction of the Padang-Sicincin Toll Road has been effective as seen from the success of placing personnel to carry out routine patrols and supervision throughout the project. Success anticipates social conflicts, crime, and environmental protests. Successful physical security, solid coordination.
subject: Articles
  topic: section
subject: Effectiveness
  topic: keywords
subject: Performance
  topic: keywords
subject: Safety
  topic: keywords
creator: Yossa Indra Kurnia
creator: Otong Rosadi
rights: Copyright (c) 2025 Yossa Indra Kurnia, Otong Rosadi (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-11-02
publication date: 2025-11-02
starting page: 72
ending page: 78
doi: 10.60034/kvr4ns29

Judge's Consideration of Evidence in the Crime of Illegal Access
type: item
description: The approach used is the Normative Juridical approach. The data used is secondary data collected through literature studies. The proof by the judge of the crime of illegal access in Decision Number 62/Pid.Sus/2020/PN Pti and Decision Number 10/Pid.Sus/2021/PN Pli is by means of evidence and corroborated by the judge's conviction through a criminal justice process. To determine that a criminal act has occurred, law enforcement officials must prove that the suspect has met the criminal elements suspected or charged. The evidence used is electronic documents and electronic information. The electronic documents in decision number 62/Pid.Sus/2020/PN Pti are print out data systems in the form of IMEI and MAC Address, printout transaction data and transaction data by the Shoppe seller account (seller) while in decision number 10/Pid.Sus/2021/PN Pli is 1 (one) bundle of printed credit delivery transaction reports through the Digipos application and 1 (one) sheet of screenshot prints of the DigiPos account. Application of Criminal Procedure by Judge where the defendant has been legally and convincingly proven guilty of committing a criminal act "Participating in deliberately and without the right to access the Electronic System belonging to another person in any way." Regarding the Crime of Illegal Access In Decision Number 62/Pid.Sus/2020/PN Pti, the judge sentenced the defendants to imprisonment for 9 (Nine) months each and a fine of Rp.100,000,000,000 (one hundred million rupiah) each with the provision that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months each and Decision Number 10/Pid.Sus/2021/PN Pli judge impose a penalty on the Defendant therefore with a prison sentence of 2 (two) years and 6 (six) months and a fine of Rp300,000,000.00 (three hundred million Rupiah) with the provision that if the fine is not paid, it will be replaced with imprisonment for 6 (six) months.
subject: Articles
  topic: section
subject: Consideration
  topic: keywords
subject: Judge
  topic: keywords
subject: Evidence
  topic: keywords
creator: Firdaus
creator: Bisma Putra Pratama
rights: Copyright (c) 2025 Firdaus, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-10-25
publication date: 2025-10-25
starting page: 64
ending page: 71
doi: 10.60034/q6ktxr03

Prevention of Criminal Acts of Forgery of Motor Vehicle Owners' Books through Blocking the Electronic Registration Identification (ERI) System
type: item
description: This research is a legal research with descriptive analytical specifications. The blocking action by the West Sumatra Regional Police Directorate as an effort to prevent the misuse of the motor vehicle owner's book is a proactive step in efforts to prevent the misuse of BPKB, especially in the context of violations of the law such as fraud, document forgery, and other criminal acts. The process of blocking action is that the vehicle owner, the police, the leasing institution, or an interested third party (such as a legal institution or court) can apply for a blocking. After receiving the application, the Directorate will verify the completeness and validity of the documents submitted. The block will be recorded in the system. A block can be removed if the legal or administrative issues that led to the block have been resolved. This blocking makes a significant contribution to narrowing the space for criminals who try to use fake BPKB for various illegal acts. Obstacles in preventing the misuse of motor vehicle owners' books with blocking by the West Sumatra Regional Police Directorate are the lack of public knowledge related to the importance of extending vehicle documents, lack of coordination between financing institutions (leasing) and the West Sumatra Regional Police Directorate in reporting vehicle data that must be carried out in the blocking process. This slows down the handling of cases and the removal of blocks for vehicles that have resolved legal or administrative problems. The implementation of the validity of BPKB and the blocking of BPKB must be through the Regident ranmor application system. This happened because the West Sumatra Regional Police Directorate received many cases related to fake BPKB and the leasing party also did not submit a confirmation and block of BPKB at the West Sumatra Regional Police Directorate.
subject: Articles
  topic: section
subject: Prevention
  topic: keywords
subject: Criminal acts of Forgery
  topic: keywords
subject: Blocking
  topic: keywords
creator: Oki Saputra Syamer
creator: Susi Delmiati
rights: Copyright (c) 2025 Oki Saputra Syamer, Susi Delmiati (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-10-24
publication date: 2025-10-24
starting page: 58
ending page: 63
doi: 10.60034/xkymeb37

Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences)
type: item
description: The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
subject: Articles
  topic: section
subject: Supervision Sentence
  topic: keywords
subject: Community Service Sentences
  topic: keywords
subject: Community Guidance
  topic: keywords
subject: National Criminal Code
  topic: keywords
creator: Riki Afrizal
creator: Tenofrimer
creator: Diana Arma
rights: Copyright (c) 2025 Riki Afrizal, Tenofrimer, Diana Arma (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 41
ending page: 48
doi: 10.60034/7x177n34

Protection ff Human Rights Based on The International Covenant on Economic, Social and Cultural Rights
type: item
description: Human Rights which are naturally given by Allah since the birth of every human being into the world, as a right that cannot be changed and revoked by any power. The implementation of human rights must be in accordance with the applicable legal rules within the scope of the international community and the national community in a country. Various applicable international legal rules related to human rights that initiated by the United Nations are already owned by the international community, starting from the establishment of the Universal Declaration on Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Economic, social and cultural rights include the right to work, the right to earn wages and the right to participate in trade unions, social related human rights, for example the right to social security, the right to housing and the right to education and cultural rights are rights related to the culture owned by a society or traditional culture.
subject: Articles
  topic: section
subject: Protection
  topic: keywords
subject: Rights
  topic: keywords
subject: Human
  topic: keywords
subject: Covenant
  topic: keywords
creator: Magdariza
rights: Copyright (c) 2025 Magdariza (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 32
ending page: 40
doi: 10.60034/xjy1sp07

Delegation of Authority From The General Court to the Shariah Court in Nanggroe Aceh Darussalam Province
type: item
description: Law enforcement carried out by the Aceh Syar'iyah Court cannot be separated from the bureaucracy which is one of the vehicles in the implementation of judicial power. Bureaucracy is a determining factor in the success of the entire program agenda including in the framework of realizing a clean and free judicial apparatus from KKN so that the bureaucrats in the Aceh Syar'iyah Court can realize good governance (good governance). The Aceh Syar'iyah Court in carrying out all activities related to the interests of the Appellate Court, both administrative, financial and organizational in nature, is obliged to be accountable for the implementation of its duties, functions and roles in the management of resources, and sources of funds and authorities entrusted to the public referring to the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: MA / SEK / 07 / SK / III / 2006 concerning the Organization and Work Procedures of the Secretariat of the Supreme Court of the Republic of Indonesia, the Supreme Court of the Republic of Indonesia as one of the state / government institutions in accordance with the Decree of the People's Consultative Assembly Number: XI / MPR / 1998 concerning the Implementation of a Clean and Corruption-Free State, Collusion and Nepotism and Presidential Instruction Number: 7 of 1999 concerning Accountability of Government Agency Performance. The legal research method is a systematic way of conducting research. Normative legal research uses normative case studies in the form of legal behavior products, for example reviewing laws. The results of this study explain that first, the Syar'iyah Court only carry out its functions within the scope of the authority of the Religious Court in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, sadaqah and sharia economy, whereas criminal matters are only limited to matters alcohol(liquor), solitude (pervert),gambling(gambling). Second, the authority of the Sharia Co…
subject: Articles
  topic: section
subject: Sharia Court
  topic: keywords
subject: Authority
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Alsyam
creator: Yandriza
creator: Zulkifli
rights: Copyright (c) 2025 Alsyam, Yandriza, Zulkifli (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 24
ending page: 31
doi: 10.60034/mc5q7e03

Challenges of Legal Consultants in Handling Law in The Capital Markets Sector
type: item
description: The financial sector in the capital market has become a favorite for investors to be able to invest in Indonesia. Capital market activities are the main spearhead in improving the welfare of the people in Indonesia, of course it cannot be separated from the main actors, especially legal consultants regarding regulations that can protect the interests of foreign and local investors. The role of this profession is very important in carrying out capital market mechanisms because this profession will determine and/or help the smooth running of capital market activities in Indonesia. The smooth running of capital market activities does not only depend on regulators, but investors who invest actually need a legal profession, namely legal consultants, to ask for legal considerations before making decisions. However, looking at increasingly complex legal events, there are certainly challenges for capital markets legal consultants to handle them. This research is legal research with a statutory approach, analytical approach and conceptual approach. The results of this research explain firstly, the role of legal consultants in the capital market directs investors to avoid or minimize legal losses in the future. The role of legal consultants is also to remind investors to carry out due diligence on shares to be purchased or executed. Legal consultants or those included in the definition of capital market supporting professions have the role of providing opinions or information (legal opinion). Second, the main basis of legal consultants in the capital markets is to provide legal opinions for investors as a form of legal consideration. However, legal consultants who carry out legal handling in the capital market must not only really understand the ins and outs of the capital market and the legal aspects of the capital market, but must also be able to carry out their duties honestly and have high credibility. Third, the challenge for legal consultants in the capital market is to…
subject: Articles
  topic: section
subject: Integrity
  topic: keywords
subject: Investors
  topic: keywords
subject: Capital Markets
  topic: keywords
subject: Legal Consultants
  topic: keywords
creator: Nanda Utama
rights: Copyright (c) 2025 Nanda Utama (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-28
publication date: 2025-07-28
starting page: 16
ending page: 23
doi: 10.60034/x8zsan27

Legal Protection of Women as Victims of Sexual Harassment Through Electronic Media in Indonesia's Positive Law
type: item
description: Sexual harassment through electronic media is one of the human rights violations. The crime of sexual harassment through electronic media is regulated in existing laws and regulations in Indonesia, such as Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, and Law Number 12 of 2022 concerning the Crime of Sexual Violence. The approach used is Normative Juridical. The position of women as victims of sexual harassment through electronic media is that women are objects or victims who receive sexual harassment through electronic media, because women are always considered weak and easier to get harassment treatment. Legal protection for women as victims of sexual harassment through electronic media according to positive laws in Indonesia, namely, still has shortcomings and can even ensnare victims into perpetrators.
subject: Articles
  topic: section
subject: Legal Protection
  topic: keywords
subject: Victims
  topic: keywords
subject: Sexual Harassment
  topic: keywords
subject: Electronic Media
  topic: keywords
creator: Nur Tania Bakhti
creator: Neni Vesna Madjid
creator: Fahmiron
rights: Copyright (c) 2025 Nur Tania Bakhti, Neni Vesna Madjid, Fahmiron (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-10-01
publication date: 2025-10-01
starting page: 49
ending page: 57
doi: 10.60034/v2ys5127

The Effectiveness of the Implementation of the Electronic Ticket System on Public Legal Awareness in Traffic
type: item
description: Article 272 of Law Number 22 of 2009 concerning Road Traffic states that to support activities to enforce violations in the field of Traffic and Road Transportation, electronic equipment can be used. This research is a legal research with descriptive analytical specifications. The implementation of the electronic ticketing system by the West Sumatra Police Traffic Directorate has been carried out using electronic technology in supervising and enforcing traffic issued by the police using CCTV aids. Electronic ticketing has been implemented around 2021 in the jurisdiction of the West Sumatra Police. During the implementation of E Tilang in the West Sumatra Police Jurisdiction, traffic units have experienced disturbances. The obstacle in the implementation of the electronic ticketing system by the West Sumatra Police Traffic Directorate is the lack of integration of data owned by each LLAJ supervisor and Regional Government in the Traffic and Road Transportation Information and Communication System, making it difficult for the National Police. The violation recorded by the camera sensor is the license plate which is then read by the Automated Number Plate Recognition (ANPR) software which then physically matches the vehicle with data from the registration and identification database of the motor vehicle. The effectiveness of the implementation of the electronic ticketing system on the legal awareness of the public in traffic in the jurisdiction of the West Sumatra Police Traffic Directorate is not yet effective because there are still many mistakes that occur in detecting vehicles that violate traffic through the electronic camera and there are still many traffic violations. ETLEs have not been able to effectively detect violations, they are more likely to obey traffic rules if there are traffic officers standing on the road. Awareness of the possibility of serious legal consequences will help suppress offending behavior.
subject: Articles
  topic: section
subject: Effectiveness
  topic: keywords
subject: Legal Awareness
  topic: keywords
subject: Electronic Ticketing
  topic: keywords
creator: Bezaliel Mendrofa
creator: Fitriati
rights: Copyright (c) 2025 Bezaliel Mendrofa, Fitriati (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-06-17
publication date: 2025-06-17
starting page: 8
ending page: 15
doi: 10.60034/9jtq3e86

Coordination of Supervision of Violations of Excess Tonnage in Goods Transportation
type: item
description: Article 19 Paragraph (2) of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates Road Grouping according to the class of Roads and vehicles that can pass through it. Coordination in the supervision of excess tonnage violations in freight transportation between the Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency is carried out with functional supervision. Establishing supervision standards to assess the object of supervision to see which things or parts are wrong or violations. Supervision of the use of public roads on overloaded vehicles in Sijunjung district, Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency. The implementation of supervision coordination between the Sijunjung Police Traffic Police and the Land Transportation Management Center Region III of Sijunjung Regency obtained the results of supervision that has been carried out in 2023 that out of 19,543 vehicles, there were 1,632 vehicles that committed violations consisting of 1,618 capacity violations, 14 vehicles committed dimensional violations. The obstacles faced by the Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency in the implementation of supervision coordination for violations of excess tonnage, including facilities, and insufficient Human Resources (HR) are reviewed from the aspects of quantity and quality. The limitations of surveillance patrols, the limited cargo terminals/unloading locations make it more difficult for supervisory implementers to provide firmer corrective actions (sanctions).
subject: Articles
  topic: section
subject: Coordination
  topic: keywords
subject: Supervision
  topic: keywords
subject: Advantages
  topic: keywords
creator: Zamrinaldi
creator: Bisma Putra Pratama
rights: Copyright (c) 2025 Zamrinaldi, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-06-11
publication date: 2025-06-11
starting page: 1
ending page: 7
doi: 10.60034/sg26vk36

Dispute over Customary Land of the Bodi Sapik Clan, Certified Without the Permission of the Mamak Kapalo Waris and Its Settlement in Jorong Baruah, Tanah Datar
type: item
description: Land disputes arise from conflicts of interest over land. Communal customary land is one type of land that is often disputed. One such dispute over communal customary land belonging to the Bodi Sapik clan occurred in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency. In this case, the communal customary land was certified without the permission of the head heir. West Sumatra Regional Regulation No. 7 of 2023 on Communal Customary Land states that the head heir is the leader of the communal customary land. Furthermore, Article 13 stipulates that the management and utilization of communal customary land is carried out by the head heir based on consensus with the clan members. Therefore, a study is needed with the following research questions: 1) Why did the defendant not seek prior permission from the head heir before certifying the Bodi Sapik clan's communal customary land? 2) How was the certification process of the Bodi Sapik clan's communal customary land carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency? 3) How was the dispute over the certification of the Bodi Sapik clan's communal customary land, which was carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency, resolved? This research uses an empirical juridical method with qualitative analysis. Based on the analysis and discussion, the results of this study show that the reason the defendant did not seek permission from the head heir when certifying the Bodi Sapik clan's communal customary land was because it was not the defendant who registered or certified the communal customary land, but rather the defendant's older brother, Jhond Kennedy, and because the defendant had not yet received his share of the inheritance and was trying to protect the inherited property. Meanwhile, the certification process of the Bodi Sapik clan's communal customary land in Jorong Baruah, Nagari Padang Magek, …
subject: Articles
  topic: section
subject: Communal Land
  topic: keywords
subject: Dispute Resolution
  topic: keywords
subject: Land Registration
  topic: keywords
creator: Rahmi Murniwati
creator: Nanda Utama
creator: Reza Wahyudi
rights: Copyright (c) 2024 Rahmi Murniwati, Nanda Utama, Reza Wahyudi (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-30
publication date: 2024-12-30
starting page: 139
ending page: 148
doi: 10.60034/42bpvp84

Legal Protection For Notaries By The Notary Honorary Council as A Witness in The Case Of Identity Forgery By The Parties Making The Deed
type: item
description: Notary is a legal profession whose rights and obligations have been regulated in such a way in Law Number 30 of 2004 concerning the Notary Position (hereinafter referred to as UUJN). Where in Article 1 of the UUJN states "Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law". However, in terms of carrying out his professional duties, it is not uncommon for a notary to stumble into legal cases such as being a witness in an authentic deed dispute that he has made due to identity forgery by the parties who made the deed. Therefore, the existence of a Notary as a witness in a court hearing requires legal protection, especially from the Notary Honorary Assembly. Departing from this problem, this study has two problem formulations, First: What is the Role of the Notary Honorary Assembly towards Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?, Second: What is the Legal Protection for Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?. So to answer these problems, this study uses a juridical-normative research method. The results of this study state that the UUJN has given birth to one of the legal protection instruments for notaries, namely the Notary Honorary Assembly Institution, where one of the main tasks is to give approval or rejection of the request for approval to summon notaries to attend investigations, prosecutions and judicial processes. However, in practice this is still often ignored so that there are many notaries who are harmed by a criminal case.
subject: Articles
  topic: section
subject: Notary Position
  topic: keywords
subject: Notary Honorary Council
  topic: keywords
subject: Forgery of Authentic Deeds
  topic: keywords
creator: Khairani
creator: Argi Putra Finalo
creator: Trie Rahmi Gettari
rights: Copyright (c) 2024 Khairani, Argi Putra Finalo (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-23
publication date: 2024-12-23
starting page: 129
ending page: 138
doi: 10.60034/e5zk0q74

The Position of the Financial Audit Agency in Examining Regional Financial Management and Responsibility of West Sumatra Province
type: item
description: State finances are the backbone of a nation's development and play an important role in its economic sustainability. The Financial Audit Agency (BPK), as an independent and autonomous audit institution, is responsible for overseeing financial management and accountability, including at the provincial level, such as in West Sumatra. However, practical challenges hinder its effectiveness. In 2021, the West Sumatra BPK identified twelve problems in the West Sumatra Provincial Government's financial report, involving an outstanding amount of Rp. 12,058,560,000 which has not been handled by officials. Although Article 20 of Law no. 15 of 2004 mandates officials to follow up on audit findings within 60 days. This failure has damaged public trust in the BPK. This research aims to evaluate the role of the BPK in auditing financial management in West Sumatra Province and to explore the implications of unaddressed audit findings for democracy in Indonesia. Through a normative juridical approach, this research analyzes regulatory law and relevant public perceptions of the BPK. The findings show that although the BPK plays an important role, difficulties in enforcing its audit recommendations weaken its authority and affect public trust in democratic governance.
subject: Articles
  topic: section
subject: Legal Position
  topic: keywords
subject: Financial Audit Agency (BPK)
  topic: keywords
subject: State Finance
  topic: keywords
creator: Henny Andriani
creator: Daswirman
rights: Copyright (c) 2024 Henny Andriani (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-23
publication date: 2024-12-23
starting page: 116
ending page: 128
doi: 10.60034/ffrtbr45

Registration of Transfer of Land Ownership Due to Inheritance in order to Ensure Legal Certainty
type: item
description: Land is the highest value of wealth and is also a source of life. To prevent disputes from occurring, the Government will hold land registration in accordance with article 19 paragraph (1) of the UUPA. The transfer of land rights is the transfer/transfer of land rights from the old right holder to the new right holder. Based on Article 42 paragraphs (1) and (2) of Government Regulation Number 24 of 1997 concerning Land Registration regulates the obligation of heirs to register the transfer of their rights to the Land Office. But the reality is that there are still many heirs who have not registered their transition eventhough there are clear rules that regulate it. The approach method uses the normative juridical approach as the main approach supported by the empirical juridical approach. Based on the results of the discussion and analysis, it is concluded as follows: First, the registration of the transfer of ownership of land due to inheritance in order to ensure legal certainty, based on the completeness of the rights, must meet 2 (two) conditions, namely the material condition and the immaterial condition.But in reality, there are still many heirs who have not registered the transfer of their rights. The causative factors include: the level of public education is still low so that there is a lack of legal awareness about the importance of land registration, the cost of managing certificates is expensive, not all heirs have the cost for the transition process, ignorance of land registration requirements and procedures. Second, as a result of the law, there is a transfer of ownership of land because the heirs are the heirs as the holders of the right to get legal protection because materially and immaterially, the rights and obligations of the heirs are directly transferred to the heirs.
subject: Articles
  topic: section
subject: Registration
  topic: keywords
subject: Transfer of Land Ownership
  topic: keywords
subject: Inheritance
  topic: keywords
subject: Ensuring Legal Certainty
  topic: keywords
creator: Desi Redhawati
creator: Iyah Faniyah
rights: Copyright (c) 2024 Desi Redhawati, Iyah Faniyah (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-01-17
publication date: 2025-01-17
starting page: 177
ending page: 186
doi: 10.60034/8786zs18

The State's Obligation to Protect Children's Rights Under National and International Law
type: item
description: The state's obligation to protect children's rights is not only based on national law but must also be in line with international commitments. The aim of the research is to analyze the extent to which the state fulfills its responsibilities in ensuring the protection of children's rights in accordance with international provisions, such as the Convention on the Rights of the Child (CRC), and national regulations, such as the Child Protection Law in Indonesia. The research method used is a normative juridical approach with analysis of legal documents, statutory regulations, and literature studies. The research results show that although the international legal framework has been adopted into national law, its implementation still faces various obstacles, including a lack of inter-institutional coordination, limited resources, and a lack of public understanding of children's rights. This journal recommends strengthening national regulations and increasing institutional capacity to ensure more optimal protection of children's rights.
subject: Articles
  topic: section
subject: Children's Rights
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: State Obligations
  topic: keywords
creator: Miasiratni
creator: Sri Agustini
creator: Gokma Toni Parlindungan
rights: Copyright (c) 2024 Miasiratni, Sri Agustini, Gokma Toni Parlindungan (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: 149
ending page: 158
doi: 10.60034/a3tq5212

Legal Certainty For Investment-Based on Insurance Policy Holders (UNITLINKS) After The Establishment of Alternative Institutions For Financial Services Dispute Settlement (LAPS SJK)
type: item
description: Legal certainty is a justifiable protection against arbitrary actions which means that someone will be able to get something that is expected under certain circumstances. The problem is How is the legal certainty of unitlink dispute resolution after the establishment of Alternative Dispute Resolution Agency in the Financial Service Sector (LAPS SJK). The method in writing is by using a normative juridical approach. Legal certainty related to institutional certainty has been represented by the existence of this LAPS SJK. LAPS SJK which is an integrated dispute resolution with this dispute resolution will be faster because it has been centralized considering the increasing number of hybrid financial products. The legal basis for the LAPS SJK is regulated in POJK Number 61/POJK.07/2020 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. The urgency of the LAPS SJK is needed because of the current condition of the financial services industry, financial services and products that are hybrid or integrated with each financial service sector. The existence of the LAPS SJK provides legal certainty in the dispute resolution mechanism. The principles of this institution are independent, fair, effective and efficient and easily accessible.Policyholders should agree with insurance companies to use LAPS SJK in resolving unitlink insurance disputes, because this forum will provide legal certainty by providing fair and objective solutions. OJK and LAPS SJK further socialize the existence of LAPS SJK. As far as possible for dispute resolution when it cannot be reached internally with the insurance company, the parties choose LAPS SJK by ringing the clause in the unitlink insurance policy.
subject: Articles
  topic: section
subject: Legal Certainty
  topic: keywords
subject: Dispute Resolution
  topic: keywords
subject: UNITLINK Insurance
  topic: keywords
creator: Wetria Fauzi
creator: Zulkifli
rights: Copyright (c) 2024 Wetria Fauzi (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-12
publication date: 2024-12-12
starting page: 106
ending page: 115
doi: 10.60034/vrswxd27

Implementation of The Basic Freedom of Contract in Review From The Shariah Alliance
type: item
description: In civil matters, the parties will not be separated from the legal relationship. The legal relationship itself arises when there are rights and obligations of the parties so that what is agreed can be achieved. The parties are given freedom to make a contract. The contract itself must meet both subjective and objective requirements. One of the subjective conditions, which is the agreement between the parties, must be based on the principle of freedom of contract. The basis of freedom of contract according to Article 1338 BW "All legally made agreements are legally binding on those who make them”. The purpose of Article 1338 BW is that the basis for the parties to carry out the contract must be equality, justice, honesty and truth. The meaning of freedom of contract does not mean that the law allows parties to deviate from legal regulations or immoral acts. The Draft Law or what is known as (RUU) Engagements is a draft sub-codification of the national engagement law which previously, sub-engagements were regulated in Book III BW/Perdata. A special codification of contract law regulates sharia contracts as a form of implementing cooperation or business agreements with sharia principles. Therefore, in this article the author will explore the principle of freedom of contract in sharia agreements in cooperation agreements between parties in society. This research is legal research (doctrinal research) with an analytical approach (analytical research), a statutory approach (statues approach), and a conceptual approach (conceptual approach). The formulation of the problem to be studied is as follows, first Basis of Freedom of Contract in Agreements, Second, Freedom of the parties in carrying out the agreement, and third, The application of the basic freedom of contract is reviewed from the sharia alliance. The results of the research explain firstly, freedom of contract in contractual relationships is the essence of individuals being able to carry out the agreements agreed…
subject: Articles
  topic: section
subject: Freedom
  topic: keywords
subject: Contracts
  topic: keywords
subject: Alliance
  topic: keywords
subject: Sharia
  topic: keywords
creator: Ulfanora
rights: Copyright (c) 2024 Ulfanora (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-12
publication date: 2024-12-12
starting page: 97
ending page: 105
doi: 10.60034/9e3rfq97

https://www.ejrev.org/law/article/view/23
type: item
title: Criminal Responsibility For The Occurring of a Patient Safety Incident In a Health Center Which Results in the Leaving of A Baby's Head in a Mother's Womb Before Birth in the Perspective of Health Law in Indonesia
description: This research was motivated by a mother from Panpajung Village, Modung, Bangkalan, Madura, East Java, reporting a midwife to the police on suspicion of malpractice. The mother lost the baby she was carrying after the baby's head was left in the womb during the birth process at the health center. The explanation of this case is interesting for the author to discuss who should be responsible for it all, and what criminal responsibility is like regarding the occurrence of patient safety incidents at a community health center resulting in the baby's head being left in the mother's womb before birth in the perspective of health law in Indonesia. The death that occurred to the baby is of course the subject of our collective evaluation, while remaining in favor of the aim of criminal law to provide protection against crimes against a person's body and life, and the death that occurred to the baby, of course, is contrary to the mandate of Law no. 39 of 1999 concerning Human Rights regarding: The Right to Life, and the Right to Defend Life, and also contradicts the aim of health law to reduce suffering, prolong life, and accompany patients until the end of their lives.
subject: Articles
  topic: section
subject: Criminal Liability
  topic: keywords
subject: Community Health Center
  topic: keywords
subject: Midwife
  topic: keywords
subject: Health Law
  topic: keywords
creator: Yandriza
creator: Lucky Raspati
creator: Siska Elvandari
creator: Anggun Irwan Nanda
rights: Copyright (c) 2024 Zamrinaldi, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: 159
ending page: 176
doi: 10.60034/enk4hx15

The Investigation Process of Plantation Crimes in the Production Forest Area
type: item
description: Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction regulates the unauthorised use of the area. The investigation process of the criminal offence of plantation in a production forest area by investigators at the West Pasaman Police Satreskrim begins with receiving a report. Plantation activities without a business permit in the Production forest area, in Jorong Pigogah Patibubur Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. After checking the crime scene, it was found that there were palm oil plants aged 1 (one) to 2 (two) years and a wooden hut. Taking the coordinate points shows that the crime scene is included in the production forest area and the reported party cannot show legal legality, so this can be used as preliminary evidence by the investigator. The investigation period was deemed insufficient by investigators to complete the investigation of the case. In addition to running away, the suspects often use the mode of claiming to be indigenous people around the forest. They claim that the land used as a plantation is customary land/customary forest. The obstacles in the investigation process of plantation crimes in production forest areas by investigators at the West Pasaman Police Criminal Investigation Unit are the location of the crime scene which is far from residential areas, the difficulty of reaching the location or crime scene (TKP) to handle criminal cases, the facilities used are still limited as well as the number of members who handle various incidents with the guidance of time all must be fulfilled. The lack of budget makes it difficult to bring in expert witnesses to provide testimony. Experts are needed, especially forest damage experts, legal experts, and planologists. The lack of maximum supporting facilities, such as GPS devices that function to find out the coordinates of the crime scene are only available 2 pieces. This is not proportional to the number of forestry crime cases handled by investig…
subject: Articles
  topic: section
subject: Investigation
  topic: keywords
subject: Crime
  topic: keywords
subject: Plantation
  topic: keywords
subject: Production Forest
  topic: keywords
creator: Afwanul Bahri
creator: Ismansyah
creator: Otong Rosadi
rights: Copyright (c) 2024 Afwanul Bahri, Ismansyah, Otong Rosadi (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-12
publication date: 2024-12-12
starting page: 90
ending page: 96
doi: 10.60034/fejz4v77

Insurance Products as Protection for Debtors Due to Failure to Implement Performance in Business Agreements
type: item
description: In business protection, there are instruments that are able to anticipate business losses if one party does not carry out what has been agreed. An instrument called insurance. Insurance products according to Article 246 of the Commercial Code (KUHD) are "an agreement whereby an insurer binds himself to an insured, by receiving a premium, to provide compensation to him for any loss, damage or loss of expected profits, which he may suffer due to an unspecified event”. Insurance itself is useful as protection for the insured in the event of expected losses or profits in the future. As is the case in carrying out a contractual relationship, it cannot be guaranteed that it will run smoothly and according to what has been stated in the agreement. At any time, there is the potential that one of the parties to the agreement will not be able to carry out its obligations and this will result in the creditor not fulfilling their performance. This research is legal research (doctrinal research) with a statutory approach, a conceptual approach and an analytical approach. The results of this research explain that First, In a business agreement, the most important thing is that the parties must carry out the provisions to give something, do something or not do something. Second, Insurance itself is financial security for parties interested in running a business so that the business goal of making a profit can be achieved. Third, In cases where debtors fail to carry out their obligations resulting in defaults covered by insurance, it is an ecosystem of mutually beneficial economic circulation with other economic actors.
subject: Articles
  topic: section
subject: Business Agreements
  topic: keywords
subject: Loss Insurance
  topic: keywords
subject: Debtor Failure
  topic: keywords
creator: Nanda Utama
rights: Copyright (c) 2024 Nanda Utama (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-12-12
publication date: 2024-12-12
starting page: 81
ending page: 89
doi: 10.60034/dn4wp544

Position on The Arrangement of Administrative Sanctions By The KPPU Institution In State Science
type: item
description: The position of the Business Competition Supervision Commission as a business competition court in imposing administrative sanctions (administration Punisment) to the guilty perpetrator. Looking at the constitutional system in a state institution in Indonesia, it has its own proportional functions in law enforcement. According to Article 36 letter i of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition that "Imposing sanctions in the form of administrative action on business actors who violate the provisions of this Law”. However, according to the provisions of this rule in Article 44 paragraph (2) that "Business actors can submit objections to the District Court no later than 14 (fourteen) days after receiving notification of the decision”. Types of research in legal writing will be carried out using normative legal methods (doctrinal research) or called Studi dogmatic. The research approach uses the Law approach (statue approach), case approach (cases approach), and analytical approaches (analitycal approach). The research results explain that First, Constitutionally, the KPPU institution, given the task of adjudicating a report, assists the role of the judiciary in enforcing unfair business competition law. This is of course that in state administration there are still different roles in each institutional structure in Indonesia. Second, basically the role of the KPPU institution where the imposition of sanctions is administrative in the sense of carrying out supervision of the Antimonopoly Law based on the specific duties of the Law. Third, The KPPU's position as an independent institution in enforcing business competition law is Punitive which is given to business actors based on the results of the inspection. The KPPU provides administrative sanctions as a preventive measure against the reported parties who engage in unfair business competition.
subject: Articles
  topic: section
subject: Position
  topic: keywords
subject: Special Duties
  topic: keywords
subject: Administrative Sanctions
  topic: keywords
subject: Business Competition Law
  topic: keywords
creator: Alsyam
rights: Copyright (c) 2024 Alsyam (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-10-31
publication date: 2024-10-31
starting page: 71
ending page: 80
doi: 10.60034/wpj29e97

The Urgency of Eliminating the Norms "The Indonesia Army Are Prohibited From Doing Business" Through The Drafting of A Indonesia Army Law Based on A Human Rights Perspective
type: item
description: The constitution gives citizens freedom to engage in commercial activities not only to increase their economic income. But rather to encourage the quality of each individual to continue productivity. Currently, a variety of jobs have developed which can increase individual income, where the global economic cycle is better than in the past. Recently, there have been plans for every profession in the Indonesian National Army (TNI) to be able to do business. This plan is due to the Draft Law or what is called Bill Number 34 of 2002 concerning the TNI. Polemic about eradicating norms"prohibition of the TNI in doing business” has become a matter of public concern at the moment, there are concerns that the TNI's role as a national defense soldier will be disrupted. This research is legal research (doctrinal research) with a legal approach (statues approach), analytical approach (analytical approach), and conceptual approaches (conceptual approach). The research results explain that First The National Army is not only to uphold, protect and safeguard the nation's sovereignty from Indonesian military and non-military attacks/threats, but can also participate in civil society activities such as helping victims of natural and non-natural disasters or joining the government as long as the orders of their superiors has been regulated in law. Second, the rights to life of a TNI soldier are no different from civil rights, especially the rights to improve their daily welfare. Third, the urgency of eliminating the norm regarding "TNI is prohibited from doing business" is a legal effort to look at the situation progressively. Therefore, the abolition of the norm "TNI is prohibited from doing business" is a legal effort to protect their economic rights in improving the standard of living for those of their families.
subject: Articles
  topic: section
subject: Indonesian National Army
  topic: keywords
subject: business prohibition
  topic: keywords
subject: Human Rights
  topic: keywords
creator: Delfina Gusman
rights: Copyright (c) 2024 Delfina Gusman (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-09-02
publication date: 2024-09-02
starting page: 61
ending page: 70
doi: 10.60034/h5nt2041

Country Boundary Agreement as An Effort to Resolve The South China Sea Dispute
type: item
description: The dispute in the South China Sea Area is a form of large international dispute where the parties are the countries that have interests. The dispute in the South China Sea first occurred when China claimed that the area belonged to the territory unilaterally. The claim made by China refers to the principle of Nine Dash Line, which means that it fully belongs to China's territorial sea so that the North Natuna Sea belonging to Indonesia is also claimed in such a way. The resolution of this dispute has been brought to the forum or International Court, but has not found a common ground or end of the disputed case. Juridical Normative method is a form of research with primary legal materials in the form of legislation (statue approach) and conceptual approach, secondary legal material in the form of a library research. That the settlement of disputes can be carried out peacefully or violently which has been recognized in the custom of international law. However, international dispute resolution efforts do not have a significant impact on the settlement of these disputes. In the 1982 UNCLOS provisions that every coastal state must enforce the law to get justice for the existence of marine waters that own the territory of other countries. Of course, by the existence of negotiations between disputing countries in requesting a detailed explanation of the basics of and the boundaries of the Nine Dash Line.
subject: Articles
  topic: section
subject: Dispute
  topic: keywords
subject: South China Sea
  topic: keywords
subject: UNCLOS 1982
  topic: keywords
creator: Yunita Syofyan
rights: Copyright (c) 2024 Yunita Syofyan (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-08-07
publication date: 2024-08-07
starting page: 54
ending page: 61
doi: 10.60034/fjebsw40

Developer Liability for Shophouses In Buildings By Buyers Standing On State-Owned Land Through Building For Turnover (BGS)
type: item
description: The government as a regulator continues to encourage infrastructure development based on the interests of the community in order to boost the nation's economy. Development projects carried out by the government are not only funded from the state, but also by inviting the private sector as business entities to collaborate in infrastructure development. Several schemes have been created by the government through a build-to-transfer system (BGS) by providing land for private parties to build a building. The government provides land for development to business or private entities through Building Use Rights (HGB) over Management Rights (HPL). The purpose of obtaining HGB on HPL is to accommodate investment needs and business feasibility on a lease for a period of 30 (thirty) years. However, the building has been built and can be used by the shophouse users who have experienced losses due to the lack of transparency of important information related to the building by the developer (developer). That way, if the management period ends and the shophouse user has been bought, ownership will change to the government, resulting in a dispute between the user who bought it and the building manager. This research is legal research (doctrinal research) with an analytical approach (conceptual approach), legislative approach (statues approach). The research results explain that the developer's legal responsibility for the buyer's losses must be to transfer or release the HGB over the HPL to another developer who meets the requirements. Then, if the developer cannot carry out the transfer, he must make compensation for operational costs and return the purchase proceeds by 50% (percent) as based on Article 1364 of the Civil Code. The legal action that must be taken by the developer is to file a civil lawsuit against the developer for negligence outside the agreement.
subject: Articles
  topic: section
subject: Building Handover
  topic: keywords
subject: Building Use Rights
  topic: keywords
subject: Management Rights
  topic: keywords
subject: Development
  topic: keywords
creator: Didi Nazmi
rights: Copyright (c) 2024 Didi Nazmi (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-07-03
publication date: 2024-07-03
starting page: 46
ending page: 53
doi: 10.60034/120nc170

Justice In Management, Utilization and Preservation of Local Plant Varieties
type: item
description: Justice is important (urgent) in the Management, Utilization and Conservation of Local Plant Varieties and as an effort to realize the protection of the rights of local communities. Justice in question must be a basic value that must be realized through law, in this case the Plant Variety Protection Law, article 7, and Regional Regulations. Substantially, both laws and regional regulations must accommodate all stakeholders' interests and needs in the management, utilization and preservation of local plant varieties.
subject: Articles
  topic: section
subject: Justice
  topic: keywords
subject: Local Plant Varieties
  topic: keywords
creator: Yuliana Diah Warsiki Susi Irianti
rights: Copyright (c) 2024 Yuliana Diah Warsiki Susi Irianti (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-07-01
publication date: 2024-07-01
starting page: 35
ending page: 45
doi: 10.60034/0wrgrq96

Non-Penal Efforts to Overcome Crimes by Verbal Da'wah
type: item
description: This research is a legal research with specifications that are descriptive analytical. The implementation of verbal da'wah as a form of non-penal crime reduction in the jurisdiction of the South Coast Resort Police is to convey religious messages or moral values to others through words and oral communication. Conducted with I'tikaf, Da'wah, Weekly Recitation and Spiritual Flush activities. A persuasive approach by law enforcement officials to the community through activities carried out on community groups. Verbal da'wah is used to promote good deeds and positive activities in society, such as contributing to the general well-being, helping and avoiding harmful behavior. At events such as citizen gatherings, police can convey moral and ethical messages to participants. Giving Advice: Police officers may provide verbal advice to individuals involved in crimes or risky behavior. The impact of the implementation of verbal proselytizing as a form of non-penal crime reduction on the level of crime that occurs in the South Coast Resort Police Jurisdiction varies depending on the context, the message conveyed, and the recipient of the message. This da'wah approach looks quite effective characterized by Increasing Religious Awareness, Verbal da'wah can help individuals understand religious teachings better and increase their awareness of moral and ethical values. Positive Behavior Change, Da'wah can affect behavior change, such as reducing risky behavior, stopping criminal acts, or promoting social kindness and solidarity. The implementation of da'wah can benefit an individual's spiritual growth, help them search for meaning in life, and strengthen their relationship with their religion or belief.
subject: Articles
  topic: section
subject: Non Penal Effort
  topic: keywords
subject: Da'wah
  topic: keywords
subject: Crime
  topic: keywords
subject: Verbal
  topic: keywords
creator: Randi Eka Putra
creator: Bisma Putra Pratama
rights: Copyright (c) 2024 Randi Eka Putra, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
date: 2024-06-20
publication date: 2024-06-20
starting page: 27
ending page: 34
doi: 10.60034/8pzx5126