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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 50 Documents
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LEGAL IDEOLOGY ON SOCIAL JUSTICE PERSPECTIVE I Dewa Gede Atmadja
Journal Equity of Law and Governance Vol. 1 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.1.2.4345.158-163

Abstract

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.
Shifting Tourism Paradigm in the New Normal Era: Case Study of India and Indonesia Gautam Kumar Jha
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4610.53-57

Abstract

Pandemic such as Covid-19 has exposed the individual country's resiliency plan against such a catastrophic event. The travel of the Corona Virus from Wuhan, China, has almost been unstoppable by the majority of the nations. Tourism is one of the sectors worst hit by the pandemic and consequently millions of people and community associated the industry are directly impacted. Now the pandemic has shown a sign of decline, and the industry has moved towards a normalcy, there is a big question how the outlook of the industry would be in a new normal era. The article analyses the spread of the virus and handling of the same by the respective governments and recommends steps for the sustainable industry in the new normal era.
Legal Protection for Company Employees Who Are Under Self-Isolation Caused by Covid-19 Infection in Indonesia I Wayan Gde Wiryawan; Lis Julianti; Emmy Febriani Thalib
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4611.24-30

Abstract

This study aimed at analyzing regulations concerning legal protection for employees who are under self-isolation caused by Covid-19 infection. Moreover, there is the latest regulation concerning Protection and Business Continuity of Workers/Manpower related to prevention and control of Covid-19 Pandemic. This is a juridical-normative study with a statutory approach. The finding of this study showed that the legal protection scheme on the employees under self-isolation in a company affected by Covid-19 has been regulated in some Government Regulations. Therefore, principally the business owner should give wages fully to the employees as well as providing sick leave base on the established regulations.
Legal Status and Inheritance Rights for Adapted Children That Are Not Applyed by a Court Decision Ida Ayu Kade Irsyanti Nadya Saraswati
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4612.36-42

Abstract

The purpose of a marriage is to form a family and continue offspring. But not all families are lucky to have a child. One way to overcome this is by adopting a child. Adoption of a child can be carried out based on national law or customary law. Adoption of children based on customs in Government Regulation No. 54 of 2007 is not required to obtain a court decision. This will cause problems related to inheritance rights for adopted children who are not requested for a court decision. On the one hand, this provides legal certainty for customary law because it is recognized by national law, but on the other hand, without written evidence, if there is a dispute over inheritance rights in court, the position of the adopted child is not strong enough if he does not have written evidence.
The Function of Legal Theory in the Establishment of Regional Regulation of Sustainable Spatial Based on Local Wisdom Made Wiryani; Ni Made Jaya Senastri
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4691.58-68

Abstract

This study aims to analyze the function of legal theory in the regional regulation establishment. Applying a normative legal research method, a conceptual approach to reveal the problem of how the function of legal theory and sustainability principle and also local wisdom in the establishment of regional regulations on spatial planning. The collected legal materials were analyzed by means of the Theory of Legislation, namely the regulation has a legal, sociological, and philosophical basis of validity; The theory of the legal system, namely the characteristics of the law of validity, efficacy, and acceptance and the theory of ecological sustainability which bring together the development and the environment through principles which are contained in adaptive policies. The results of this study show that the function of legal theory in the establishment of a regional regulation is as a basis for formulating substance to comply with legal principles and the function of the principle of sustainability and local wisdom in spatial planning is to ensure protection of the use of space for human life in the present and in the future.
Implementation of Tourism Activities on MFN (Most-Favoured- Nation Treatment) and (NT) National Treatment Principle Kadek Apriliani; I Dewa Ayu Devi Maharani Santika
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4692.9-14

Abstract

This study aims to find out the principles of Most Favored Nation (MFN) and National Treatment (NT) in the Provisions of Law of the Republic of Indonesia Number 10 of 2009 concerning Tourism. This type of research is normative legal research with a statutory approach. The research materials used are primary and secondary by connecting problems from various sources, literature studies into data collection techniques and data processing systematically and logically and analyzed with perspective analysis methods. In accordance with the formulation of the problem, this research is to examine the principles of Most Favored Nation (MFN) and National Treatment (NT) contained in the Provisions of Law of the Republic of Indonesia Number 10 of 2009 concerning Tourism.
The Right on Land for Foreigner and Foreign Legal Entity Tourism Investasion Perspective, Participation and Nominee Practice Prevention IGN. Supartha Djelantik; I Nyoman Putu Budiartha; Hartini Saripan
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4693.69-85

Abstract

Bali is one of the national cultural heritages, which is endlessly praised in various essays and research results, then becomes a reference and promotion as an exotic island that inspires the rise of world tourism. Tourism encourages investment in hospitality, restaurants, transportation, trade, property, the creative economy sector and others. Investment, changing the function of agriculture into hospitality and transforming the work of farmers into services. Major changes in the mind-set of rural farmers to urban services. This change is not accompanied by a significant expansion of public participation, because tourism is concentrated in capital due to legal limitations that favoring on investors. The government is trying to make corrections, through the following steps, namely: (1) through ASEAN economic cooperation, Indonesia-Australia bilateral cooperation (IA-CEPA) and other countries, (2) deregulation in the fields of investment, land by granting usufructuary rights over land; and (3) encourage community participation through agrarian reform. These steps are important means, as a trigger for the awakening of the awareness of the basis of national economic development which Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, determines that "The economy is organized as a joint effort based on the principle of kinship". The constitution requires collective ownership of a company, mutual benefit. The national economy is designed as a joint effort based on the "family principle", in the form of cooperatives, which put the emphasize on the element of participation rather than the concentration of capital. Article 2 of the Bacis Agrarian Law (BAL) constitutes the implementing regulation of Article 33 paragraph (3) of the 1945 Constitution, explaining the control of natural resources by the state, namely "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people Article 33 paragraph (4) The national economy is organized based on a democratic economy based on the principle of togetherness, so conceptually it can be formulated that community participation in provision of Foreigner Housing is a form of empowerment, recognition of community rights in efforts to improve community welfare and as mandates for the implementation of the 1945 Constitution of the Republic of Indonesia, Articles 42 and 45 of the BAL in granting usufructuary rights to foreigners/ Foreign Legal Entity.
Legal Protection on Data Transmission Through the Digital Short Message Platform Evelyn Angelita Pinondang Manurung; Eka Ayu Purnama Lestari
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4764.31-35

Abstract

Digital media is currently utilized by the entire community because it has provided its own space digitally for its users to move in terms of communication and various activities. Especially in terms of communication today people prefer digital media / platforms in sending short messages for information or data delivery activities. The ability to send fast, easy and equipped with service features as per the needs of its users becomes an effective choice for the public in using digital short message platforms. The use of digital messaging platforms today also makes people begin to realize the importance of security in data transmission. The high activity of people who send personal data through digital platforms must also be balanced with the level of security and confidentiality of data on the platform. This research aims to find out the legal protection arrangements in the delivery of data through digital messaging platforms so that the wider community understands security and data protection. This research uses normative juridical research methods using the legal sources of literature. The wider community today sees the number of cases of data violations / misuse through digital messaging platforms is clear evidence that personal data is a human right of digital platform users that must be protected. Therefore, it is necessary to have legal tools that can accommodate the form of laws to ensure the security and protection of personal data.
Legal Actions Against Default in the Delivery of Goods Agreement at PT On Time Express Branch Office Bali Dewa Putu Adi Putra; I Nyoman Budiana
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4853.15-23

Abstract

On Time Express is a foreign investment company engaged in land, sea and air transportation services. Also called financing companies for goods delivery services, namely business entities outside banks and non-bank financial institutions that are specifically for carrying out economic activities in delivering goods and services. The work contract system is implemented based on the principle of trust as a service provider, a standard agreement is written based on the principle of freedom of employment contract made by PT. OnTime Express. That is, both parties, both service providers and consumers, together and agree to make a work contract agreement. But in reality, the work contract agreement as a service provider in its operations is not uncommon for problems that arise due to unexpected results between the parties. The consumer is unable to fulfill the contents of the agreement as agreed in the initial agreement resulting in a breach of contract. This must be resolved to maintain a good relationship and balance between rights and obligations according to the mutually agreed agreement. The purpose of this paper is to provide accountability for consumers and understanding in resolving violations of employment contract issues. This paper was written using empirical methods and data analysis techniques that are descriptive analytical. Based on research on the contract of delivery of goods, there are still many contract violations in PT. On Time Express by consumers. Most of the breaches of contract issues are resolved by non-litigation methods, which are negotiation and mediation.
Protection of Law and Justice and Human Rights must be Enforced Even in Large-Scale Social Restrictions Youngky Fernando
Journal Equity of Law and Governance Vol. 2 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4871.43-52

Abstract

Online media. TempoCOM. July 1, 2021. Restrictions on mobility in Java and Bali are getting more stringent. Online Law. July 4, 2021. The Advocate Profession Does Not Enter the Essential Sector, DetikNews. July 8, 2021. Metro Police Chief Promise. The Company Boss Brush Does Not Take Sides of Humanity. Supreme Court PR Announcement May 8, 2020. Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 5 of 2020. Regarding Guidelines for the Implementation of Work From Home and the Imposition of Disciplinary Sentences for Judges and Apparatus within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under It During the Corona Virus Disease Community Emergency Period 2019. SINDOnews. October 24, 2020. Supreme Court. PERMA Number 4 of 2020. Date September 29, 2020, regarding the Administration and Trial of Criminal Cases in Courts Electronically. In the Indonesian Criminal Justice System: 1. Investigation: investigators together with an advocate accompanying the suspect; 2. Pre-prosecution: the public prosecutor and the judge and advocate were accompanying the defendant; 3. the judge's verdict: the judge together with the advocate accompanying the defendant; 4. After the criminal verdict: the prosecutor implements the final decision, and the advocate accompanies the defendant and officials from the state detention center or correctional institution. Detention in the Indonesian Criminal Justice System: 1. Investigation for a maximum of 60 days and or 120 days if the penalty is nine years or more; 2. The pre-prosecution is a maximum of 50 days and or 110 days if the punishment is nine years or more; 3. The pre-sentence is for a maximum of 90 days or 150 days if the sentence is nine years or more. Law Enforcers in the Indonesian Criminal Justice System: 1. Advocates as legal advisors or defenders of suspects and defendants and convicts requesting the judicial review; 2. Investigators; 3. Prosecutors; 4. Judge; 5. Officials of state land houses or correctional institutions. Instruction Letter from the Minister of Home Affairs Number 15 of 2021. On July 2, 2021, regarding the Implementation of Restrictions on Emergency Community Activities for Corona Virus Disease 2019. In the Java and Bali Regions. Cannot bind law enforcers in the Indonesian criminal justice system—Fiat Justitia Ruat Coelum (the justice law must be upheld even if the sky falls).

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