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.
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<![CDATA[STRENGTHENING BALI TRADITIONAL LAW THROUGH WRITTING CUSTOMARY LAW OF TRADITIONAL VILLAGE ]]>
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Wayan Wesna Astara]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![CDATA[I Wayan Arthanaya]]>;
<![CDATA[Ni Putu Sawitri Nandari]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/elg.1.2.3851.135-142
<![CDATA[The formulation of customary law norms for marriage and inheritance needs to be constructed through Awig-Awig (customary law) formulation to ensure legal certainty in strengthening Balinese customary law. The Awig-Awig formulation is a form of codification of Balinese customary law, which regulates traditional village members and their various activities, Parhyangan (temple) as a forum for village members to connect with Ida Sang Hyang Widi Wasa (God Almighty) and at the same time as a means of preserving Balinese culture, Palemahan (land) as a manifestation of the territory and at the same time as an area that becomes the foundation of the source of life and a foothold in living life until death in a harmonious relationship. In the development of the life of village members, which are always in process, it is necessary to confirm the arrangement through Awig-Awig formulation, such as in the field of membership of village members with their rights and obligations, marriage, inheritance with the intention of being enforced consistently and dynamically according to appropriate values in a society that is always developing.]]>
<![CDATA[RESPONSIBILITY OF THE BOARD OF DIRECTORS ON IMPLEMENTATION OF COMPANY WHEN CONFLICT WITH COMMISSIONERS ]]>
<![CDATA[I Made Pria Dharsana]]>;
<![CDATA[Indrasari Kresnadjaja]]>;
<![CDATA[I Gusti Agung Jordi]]>;
<![CDATA[I Putu Lingga Dhananjaya]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.3852.89-94
<![CDATA[Limited Liability Company hereinafter referred to as Company is a legal entity which is a capital partnership. It is established based on an agreement to conduct a business activities with authorized capital. This is entirely divided into shares or individual legal entities which all meet the criteria for Micro and meet the requirements set out in The Law on Limited Liability Companies and its implementing regulations (Law Number 11 of 2020 regarding Job Creation) which changes several definitions of Limited Liability Companies as regulated in Law Number 40 of 2007 (hereinafter referred to as UUPT). The research method used in this writing is a normative legal research method which analyzes the problem through an approach to legislation, theory and applicable principles. Talking about the applicable provisions in the important organs of the Limited Liability Company. The Limited Liability Company Organ itself is a Group of Organs consisting of the General Meeting of Shareholders (hereinafter referred to as GMS), the Board of Directors, and the Board of Commissioners. Among the three organs of a limited liability company, the directors have full authority over the company. Based on the provisions of Article 1 paragraph (5) of the Company Law, “The Board of Directors is an organ of the Company which is authorized and fully responsible for the management of the Company for the benefit of the Company in accordance with the aims and objectives of the Company and represents the Company both inside and outside the court in accordance with the provisions of the articles of association”. Besides that, in a company, the board of directors is the party who has the most important role, both in managing the company, managing it, and advancing it. The Board of Directors is appointed by the GMS, as referred to in Article 94 paragraph (1) of the Company Law, that; “Members of the Board of Directors are appointed by the GMS.” And further paragraph (3) members of the Board of Directors are appointed for a certain period of time and may be reappointed.]]>
<![CDATA[LOCAL LAW WISDOM IN ATTACHING RADICALISM IN THE NAME OF RELIGION ]]>
<![CDATA[I Putu Gelgel]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.3937.95-100
<![CDATA[Harmony between religious communities in Indonesia is now experiencing many problems, many conflicts occur which are actually triggered by religious issues by carrying religious flags and shouting sacred words they carry out actions that are very far from the behavior of a religious person. In handling cases of violence in the name of religion are almost all opinions say that law enforcers are seen as very weak and indecisive. If law enforcement officials remain weak and slow. It is very possible that cases of violence in the name of religion will spread to other areas. Local Law Wisdom has the potential and can contribute to anticipating religious violence in the midst of the current dynamics of socio-cultural change, policy steps in the development of national law need to be designed by Interpreting the Functions and Wisdom of Local Law in anticipating radicalism in the name of religion. Transforming Wisdom Local Law into Legislations related to Religious Issues, integrating, and adapting Local Law Wisdom in resolving Inter-religious Conflicts, and revitalizing Local Law Wisdom in maintaining security, order, and Inter-religious Harmony.]]>
<![CDATA[LEGALITY OF MARIJUANA USE IN THE NEED FOR MEDICAL TREATMENT IN INDONESIA (JUDGING FROM LAW NUMBER 36 OF 2009 CONCERNING HEALTH AND LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS) ]]>
<![CDATA[Marisca Evalina Gondokesumo]]>;
<![CDATA[Nabbilah Amir]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.3938.119-126
<![CDATA[Marijuana according to positive law in Indonesia including narcotics group I which is considered the most dangerous because it has a very high addiction and the plant has long been viewed negatively by the wider community, but behind the negative stigma of the community it turns out that marijuana contains many benefits for health care needs. The issue for legalizing cannabis for medical purposes was initiated by the Nusantara Marijuana Circle organization. This research aims to examine whether the use of marijuana for medical purposes in Indonesia has received legalization. The research method used is empirical juridical. The legal materials use are primary legal materials and secondary legal materials. The results showed that because the law was born and developed continuously to build and change itself towards a better level of perfection. With so much potential contained in cannabis, especially its presence in the health sector it is appropriate for state officials to revise policies on narcotics. Legalization of cannabis can be used as an alternative solution for the Indonesian state to improve the welfare of the community because it can be used as an alternative to the country's industrial commodities, especially in the field of health services.]]>
<![CDATA[ANALYSIS OF THE IMPLEMENTATION OF COASTAL RECLAMATION IN TELUK PALU ]]>
<![CDATA[Nabbilah Amir]]>;
<![CDATA[Aldo Halim]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/elg.1.2.3939.101-108
<![CDATA[The coastal reclamation of Teluk Palu is carried out in Palu City, Central Sulawesi aims to make the coastal area a new tourism area and increase the regional income of Palu City. The land formed as a tourism area can be used by local governments to attract foreign investors to invest their capital. However, coastal reclamation in addition to providing benefits also has a negative impact on the surrounding environment and the people living around the coast. The aims of this research are to find out more about the process of implementing coastal reclamation in Teluk Palu and the impact of the implementation of coastal reclamation in Teluk Palu. The research method used is a normative juridical with an empirical juridical approach as research support. The data sources are divided into primary and secondary data.]]>
<![CDATA[LAWSUIT FOR UNLAWFUL ACTS OF EXECUTION OF FIDUCIARY GUARANTEES IN LEASE ACTIVITIES ]]>
<![CDATA[Johannes Ibrahim Kosasih]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.3940.109-118
<![CDATA[Constitutional Court Decision No. 18/PUU-XVII/2019 dated January 6, 2020, caused a polemic in practice, both among legal experts and business people. The Panel of Judges of the Constitutional Court (MK) made a phenomenal decision which abolished the institution for the execution of guarantees listed in Article 15 paragraphs (2) and (3) of Law Number: 42 of 1999 concerning Fiduciary Guarantees or known as parate executions. Parate Execution is a preferential right for the lessor in financing leasing in the event that the lessee commits an act of default. The decision of the Constitutional Court (MK) stated that the lessor's action was declared as an unlawful act on the execution of the guarantee stated in the fiduciary guarantee law. The aims of this research are to examine the (1) unlawful acts in contractual relationships in leasing activities and (2) the decision of the Constitutional Court (MK) No 18/PUU-XVIII/2019 on the re-interpretation of the constitutionality of Article 15 paragraph (2) on the phrase “executory power” and “same as a court decision that has obtained permanent legal force”. This research is normative juridical with a conceptual approach, legislation and cases. The findings in the study explained that the panel of judges considered that the lessor’s action in withdrawing collateral that legally still belongs to the lessor given based on the principle of trust (fiduciary) is an act against the law and ignores the contractual relationship that occurs between the parties.]]>
<![CDATA[THE IMPLICATION OF DENPASAR MAYOR REGULATION NUMBER 36 OF 2018 CONCERNING THE REDUCTION OF THE USE OF PLASTIC BAGS ON THE INVESTMENT CLIMATE IN THE TOURISM INDUSTRY SECTOR IN DENPASAR CITY ]]>
<![CDATA[Ni Ketut Sari Ardani]]>;
<![CDATA[I Ketut Widia]]>;
<![CDATA[I Wayan Rideng]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/elg.1.2.3941.143-147
<![CDATA[Tourism is a very complex and mass industry, involving many people from all walks of life and professions. Tourism as the foundation of many people’s lives is very vulnerable to issues, especially the issue of cleanliness and environmental pollution. Plastic waste, one example of which is the disposal of plastic containers by the community has become a global issue that can disrupt the large-scale tourism industry. The piles of rubbish that mount in every refuse disposal site or landfill, are truly heartbreaking, embarrassing, and very disturbing to the beauty and comfort of the community. That’s why the community and the Government of the City of Denpasar took the initiative to save Denpasar City Region in the hope of having an impact on the preservation of the global environment. This journal intends to identify the problem that is the obstacle to the implementation of Denpasar Mayor Regulation Number 36 Year 2018 concerning the Reduction of the Use of Plastic Bags on the investment climate in the tourism industry sector in Denpasar City. The second problem is how the Implementation of Denpasar Mayor Regulation No. 36 of 2018 impacts the investment climate in the tourism industry sector in Denpasar City. The theories used in this study are Legal System theory, Investment Theory and Tourism Theory. The type of research used in this study is the legal research. In this research, the legal research is conducted by giving the education for the community and giving a law enforcement. The conclusion from this research is that the obstacle to the implementation of Denpasar Mayor Regulation No. 36 of 2018 is that the level of understanding and awareness of the legal community need to be improved. While the implication of Denpasar Mayor Regulation No. 36 of 2018 on the tourism industry is very significant, more and more tourists will visit Denpasar city if the environment is free of plastic waste ,and it looks clean, beautiful, and pristine.]]>
<![CDATA[JURIDICAL REVIEW OF THE LEGAL POSITION OF EMPLOYMENT RELATIONS WITHOUT A WRITTEN EMPLOYMENT AGREEMENTS ]]>
<![CDATA[Anak Agung Sagung Ngurah Indradewi]]>;
<![CDATA[Ni Luh Ade Krisnatalingsih]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.3942.127-134
<![CDATA[Work agreements made in oral form do not conflict with the provisions of Law Number 13 of 2003 concerning Employment, i.e. contained in the provisions Article 51 paragraph 1, i.e. employment agreements are made in writing or verbally. The research aims are to examine the legal position of the worker in the employment relationship without a written employment agreement and the legal protection of workers and workers against the fulfillment of workers' rights in employment without a written employment agreement. The type of research used in this study is normative legal research. The source of legal material came from primary and secondary legal material source. The legal position of employment relations without a written employment agreement based on the perspective of labor law has a strong, legal position as long as it does not conflict with the legal conditions of the employment agreement, as provided for in Article 52 paragraph (1) of Law Number 13 of 2003 concerning Employment. As a result of the law of employment without a written employment agreement, if the type of employment agreement is a Specific Time Work Agreement made in oral form, then the status changes to an Unspecified Time Work Agreement and if the type of employment agreement is an Unspecified Time Work Agreement then the employer is obliged to issue a letter of appointment to the worker/labor concerned to become a permanent worker. Verbal work agreements have not been able to provide full legal protection to workers, potentially harming workers and workers to the fulfillment of their rights and obligations as workers.]]>
<![CDATA[LEGAL FRAMEWORK FOR THE POST-PANDEMIC TOURISM IN BALI ]]>
<![CDATA[Stefan Koos]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.3943.148-157
<![CDATA[Tourism can only thrive when customers feel welcome. Especially in the time of the restart of the tourism industry after the pandemic, there may be an opportunity for the Indonesian tourism industry to correct undesirable developments in the past in order to promote a type of tourism that is sustainable, honest and effective. This concerns economic and strategic marketing decisions, such as addressing specific target groups for tourism services, but also legal framework conditions. Corresponding legal framework conditions can be found particularly in consumer protection law and competition law, but also in the hierarchy between Indonesian federal law and local law. From the point of view of a foreign observer, the paper would like to highlight some legal aspects that could be important for a rebalancing of tourism.]]>
<![CDATA[LEGAL IDEOLOGY ON SOCIAL JUSTICE PERSPECTIVE ]]>
<![CDATA[I Dewa Gede Atmadja]]>
<![CDATA[ Journal Equity of Law and Governance Vol. 1 No. 2 (2021) ]]>
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DOI: 10.55637/elg.1.2.4345.158-163
<![CDATA[This research focus on study the synthetic legal ideology and social justice from legal philosophy. On literature there are debatable of legal ideology in legal philosophy, it is about meaning of justice too. According philosophy of natural law, legal ideology is legitimation of virtue people behavior and eternal justice for human being. Opposed to the philosophy of law positivism, there is no place to discuss ideology of justice in science of law, because no criteria and no reference, no argumentation about just or unjust law. Essence of justice is correct applied rule of positive law to settlement dispute, called a procedural justice or legal justice om the contrary to substantive justice. On Marxist philosophy justice is an ideology essence power for socialism community, opponent capitalistic-liberalism philosophy that justice not for all but justice and rule of law is illusion only. Hinduism philosophy there is only moral justice its dharma. The first duty of King to realized dharma, integrated politics, economics, social, and culture in reality high moral standard behavior of human being. It aims realized prosperity for people in the world. Compatible with based of State Philosophy of PANCASILA are legitimation Indonesian system of law, core aim realized “social justice”. Essence distribution all national asset, taxation, regulation of wages for workers welfare, wealth, education, allocation houses and also distribution natural resources for benefit of all people of Indonesian. It regulation equality benefit constitute and accountability our Government. According The 1945 Constitution of The Republic Of Indonesia to reach Indonesian justice and prosperity.]]>
