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Journal Equity of Law and Governance
Published by Universitas Warmadewa
ISSN : 27759512     EISSN : 27765121     DOI : https://doi.org/10.22225/elg.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Umum - Umum
Articles 10 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2023)" : 10 Documents clear
Challenges Facing Soes and Soe Subsidiaries Toward Business Tranformation Law Enforcement and Human Rights Protection (Post Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019) Binsar Jon Vic S
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6605.13-16

Abstract

Business transformation, law enforcement and human rights protection are strategic and or universal issues that applies to countries and nations in the world including and in particular become a challenge and dilemma for SOEs and or SOE’s Subsidiaries. The research aims to know how do State-Owned Enterprises/SOE subsidiaries anticipate and business transformation the threat of corporate criminal acts related to law enforcement and human rights protection and to know business transformation law enforcement officers and relevant institutions anticipate post Decision of the Constitutional Court Number 01/PHPU-PRES/XVII 2019 towards SOEs/SOES subsidiaries. The method used of this research is normative juridical legal research. The result shows that SOEs/SOE subsidiaries have a central role in supporting for business transformation and law enforcement and protection of human rights both internal and external matters of the corporation. Post Constitutional Court’s Decision Number 01/PHPU-PRES/XVII/2019 becomes a legal source that can inspire Law Enforcement Officials and related institutions/agencies to make appropriate adjustments to laws and regulations governing SOEs and or SOE subsidiaries.
Role of Standard Operational Procedures (SOP) in Organ Transplant Institution For Transplant Law Enforcement in Indonesia Bobi Yohanes Sewow
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6606.17-28

Abstract

The demand for human organs without an increase in supply poses a problem for many countries, particularly those where organ donation arrangements are not well regulated, as the risks of organ trafficking increase. It is not always easy to judge among donations that are actually donated under psychological stress or with the expectation of financial or other imbalance. Such a situation can be minimized if communication related to transplantation between the donor and recipient is well established. Transplant-related violations sanctions in general can be ethical, disciplinary or civil, criminal and administrative sanctions.The implementation of Standard Operating Procedures (SOP) of Organ Transplants in each hospital may be different, but there are some basic things and stages that must be considered in carrying out a transplant. In some countries, the existence of donor bureau/institution that regulate organ transplants, really helps minimize the problems that arise. The type of research used is normative juridical research, which is research conducted by conducting an in-depth study of the laws and regulations relating to the problems that are the object of research.
Development of E-Learning Method as a Digital-Based Legal Information Medium in the Development of National Law I Made Aditya Mantara Putra; Gede Agung Wirawan Nusantara; Hartini Sarifan
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6607.35-39

Abstract

The paradigm shift in Legal Education in Indonesia is currently being felt by academics, practitioners, students and the public, namely the technology-based learning pattern. As previously known, the pattern of learning in Indonesia is still done conventionally and conventionally on reading literacy. However, under current conditions, academics, practitioners and the public in Indonesia are expected to be able to adapt to current technological developments. The aims research to know how is the application of technology and information in providing information and legal education to the younger generation and society and to know how will the e-learning development model as a digital-based forum and source of legal information contribute to increasing public knowledge and legal awareness in the future development of national law. The research method used in this study is the normative legal method. obtained are by developing digital-based e-learning which is expected to be able to help the younger generation and the Indonesian people to understand and be aware of existing laws. In addition, the development of e-learning methods can be used as a forum for the presentation of digital-based legal information and provide a space for the community to search, research, analyze and share information effectively and efficiently. The public will quickly receive ideas and information about the law and the educational process that needs to be developed, and quality human resources in print who understand the existing laws and are able to use the technology necessary to compete in the current and future era of globalization.
Acts against Civil Law versus Acts Against Criminal Law Versus Rechtsvinding HogeRaad/Supreme Court Judge Youngky Fernando
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6608.58-71

Abstract

An unlawful act in Dutch is called "onrechmatige daad," and in English, it is called "tort," which means "wrong" (wrong). the word "tort" develops to mean civil "mistake," which does not come from "default." So it is similar to the meaning of "unlawful act," which is called "onrechmatigedaad" in the Dutch legal system. The word "tort" comes from the Latin word "torquere" or "tortus" in language French, like the word "wrong" comes from the French word "wrung," which means "mistake or loss" (injury). The aim research is to know the challenges facing soes and soe subsidiaries toward business tranformation law enforcement and human rights protection (Post Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019).This research is a normative legal research. The type of this research is a Normative Legal Research. The result shows that Memorie van Toelichting Wetboek van Strafrecht voor Nederlandsch -Indie(WVSNI) WederrechTelijkheid was not found. What is meant by the word "law" in the phrase "Against the Law". If referring to the Postulate Contra Legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvis verbis legis, sententiam ejus circumuenit. A person is declared unlawful when the act committed is an act prohibited by law. One of the main elements of a criminal act that is objective is against the law. The Legality Principle of Article 1 paragraph (1) of the Criminal Code. In Dutch, "against the law" is wederrechtelijk (weder: against, against; recht: law). In determining whether an act can be punished, the legislator makes unlawful behavior a written element.
Credit Restructuring Efforts for Micro, Small and Medium Business Debtors at PT. Bank BRI Unit Gianyar (Case Study at CV. Angga Sari Garmen) I Wayan Angga Pratama; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6609.40-45

Abstract

Development in the economic field is the main driver of development, micro-enterprises play an important role in development and economic growth, this happens not only in developing countries but also in developed countries. The formulation of the problem in this study is: 1. How is the implementation of credit restructuring for MSME debtors at Bank BRI Gianyar Unit Office?, 2. What are the legal consequences for MSME debtors if the restructuring efforts are not successful? The research method used is a type of normative legal research. The most important part of developing micro-enterprises is business loans obtained from credit obtained from a bank. In an agreement, the debtor sometimes defaults. The problem in this study is the occurrence of default on credit agreements. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who commit defaults can occur because they are indeed unable to fulfill these achievements or are also forced to carry out these achievements.
Auction Procedures for Collateral Goods Owned by Pegadaian Customers (Case Study at Pt Pegadaian (Persero) Branch Mengwi) I Dewa Putu Andre Wiratama; I Nyoman Putu Budiartha; Nengah Renaya
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6610.29-34

Abstract

The implementation of a sustainable economy will require a lot of funds, and credit institutions such as PT. Pegadaian (Persero) Mengwi Branch can provide a lot of these funds. This institution mainly conducts credit based on mortgage law, which makes it easier for borrowers without creating new problems for them after they provide loans. The problem: What is the procedure for carrying out an auction for collateral at PT. Pegadaian (Persero) Mengwi Branch? And what is the responsibility of PT. Pegadaian (persero) Mengwi Branch for loss or damage to collateral? This study uses empirical research methods. The results of this study indicate that the discussion of PT. Pegadaian (persero) Mengwi Branch gives absolute rights to customers in the event of an auction for collateral items, and PT. loss when the collateral is under the supervision of PT. Pegadaian (persero) Mengwi Branch. But if PT. Pegadaian (persero) Mengwi Branch is not responsible for its obligations, then it can be subject to administrative sanctions as stated in Article 60 UUPK.
Settlement of Online Loan Agreement Disputes in the Event of the Debtor Dies I Wayan Gede Purnayasa Wijaya; I Nyoman Putu Budiartha; I Made Aditya Mantara Putra
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6611.46-51

Abstract

The current development of information and communication technology has an impact on people's economic activities, one of which is the activity of borrowing money. Borrowing and borrowing money that was originally carried out conventionally, now many have switched to online lending and borrowing activities. However, in its activities, there are problems experienced by creditors (lenders) related to settlement of obligations if the debtor (lender) dies before the repayment period. This happens because in the observed online lending and borrowing money agreements, many do not include the form of settlement of obligations if the debtor (loan recipient) dies. The issues raised in this study are how legal protection is for creditors in online money lending agreements in the event that the debtor dies and what forms of dispute resolution efforts are made in online money lending and borrowing agreements in the event that the debtor dies. This research method uses a normative legal research type with a statutory approach and a conceptual approach. The results of this study indicate that the form of legal protection for creditors in online money-lending agreements in the event that the debtor dies is through preventive protection (applying the 5C principle and every transaction using an escrow account and virtual account), while repressive protection (organizers help through billing units, assist in mediation, make complaints). And efforts to resolve disputes can be done through non-litigation (outside court) and litigation (in court).
Criminal Liability for the Abuse of a New Type of Narcotics (Alpha Propylaminopentiophenone) in Indonesia Ni Gek Ayu Septi Nohanaa; I Gusti Bagus Suryawan; I Wayan Rideng
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6612.52-57

Abstract

With the rapid development of information technology, the types of Narcotics are increasing, one of which is Alpha Propylaminopenthiophenone, which is a new type of Narcotics that is not yet contained in statutory regulations, so there is a void in norms. Propylaminonepenthiophenone) can be held criminally responsible? 2. What are the arrangements for new types of narcotics users such as Alpha Propylaminonpentionefenone in the future? The use of the method in this study is a type of normative legal research with a statutory regulatory approach, the source of data is through legislation which includes Law Number 35 of 2009 and the purpose of this study is to determine criminal liability for users of a new type of narcotics (alpha propylaminopenthiophenone). in Indonesia. The results of the study can be explained that Alpha Propylamininpenthiophenone has not been regulated in Indonesian Legislation and Users of these substances cannot be held criminally responsible because the Indonesian legal system adheres to the principle of legality, so with regard to this it is necessary to regulate (Alpha Propylaminonpenthiophenone) so that users can be held criminally responsible and should reform the Narcotics Law which states that all substances containing narcotic substances are considered narcotics.
The Ambiguity Application of Business Judgment Rule Doctrine As Director Immunity Right in the Company Law (Analysis of Supreme Court Verdict No 121k/Pid.Sus/2020) Alum Simbolon; Calvin Pramarta
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6613.1-12

Abstract

Director is personally liable for the company's losses if proven guilty or negligent in carrying out his duties and may be personally sued by the shareholder as a result of his negligence or mistake in carrying out the management of the company which causes the company to suffer losses. This surely emits fear for Directors and hinders them in making important decisions for the Company. Essentially in carrying out their duties, Directors are always faced with uncertain so that fear of threats to the director’s personal liability is one of the factors that reduces performance. This research uses normative-empiric research by analyzing the written law from such various aspects as theory, history, philosophy, comparison, structure and composition, scope and material, consistency, general explanation, and article by article, formality, and binding power of law, and mainly BJR norm application in the Supreme Court Verdict Number 121K/PID.SUS/2020 The results of this research shows that Judges in the Supreme Court Decision Number 121K/PID.SUS/2020 didn’t consider the criteria for "readiness of information" and "the criteria for taking action to prevent continued losses" which are the essential criterias of the business judgment rule but only considered PT Pertamina has an asset impairment, PT Pertamina Hulu Energi is a subsidiary of a state-owned Enterprise, the Defendant (incasu Karen Agustiawan) has obtained permission from the Board of Commissioners, and the business decision doesn’t contain elements of fraud, conflict of interest, unlawful acts and intentional errors, however these considerations create ambiguity and potential new legal disputes. because the actions of the Defendant (incasu Karen Agustiawan) have fulfilled all elements of the business judgment rule in Article 97 paragraph (5) of the Company Law, although the legal considerations of the Panel of Judges are incomplete, the business judgment rule can still be applied in the Supreme Court Verdict Number 121K/PID.SUS/2020.
Complaint Defiction and Ultimum Remedium in the Perspective of Positivism (Roman) Law School, and Realism, and Sociology, and Utilitarism and Freie Recht Slehre (Anglo-American) Youngky Fernando
Journal Equity of Law and Governance Vol. 3 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6616.58-71

Abstract

Wetboek van Strafrecht voor Nederlandsch-Indie or Wetboek van Strafrecht or the Penal Code or the Criminal Code or Criminal Code consists of the First/First Book (Article 1 to Article 103. Concerning General Regulations) and Second Book (Article 104 to/d Article 488. Concerning Crimes) and the Third Book (Articles 489 to Article 569. Regarding Violations).At first Crimineel Wetboek voor Het Koninkrijk Holland (WvS) was made in 1795 and enforced in 1809. Then France colonized the Netherlands, and the Penal Code was born from 1811 to 1813. After the Netherlands became independent, Wetboek van Strafrecht was born in 1881, it was enforced in 1886, and Wetboek was born van Strafrecht voor Nederlandsch-Indie based on Koninklijk Betsuit (order of the king) February 10 1866. About Crimes for Europeans Juncto Algemeene Politie Strafreglement based on Ordonnantie 15 June 1872. About Crimes for Europeans. Juncto Wetboek van Strafrecht voor Nederlandsch-Indie based on Ordonnantie May 5 1872.

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