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Equalegum International Law Journal
Published by Syntific Publisher
ISSN : -     EISSN : 29860873     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
EQUALEGUM International Law Journal uses open access policy and EQUALEGUM International Law Journal is a peer-reviewed journal with the scope of law sciences, such as law, economic law, business law, trading law, and development of law. The list of article types and their respective formats are Original Article, Community Service Article, Literature Review, Systematic Review, Case Series, Commentary, and Letters to Editors. The aim of the journal is to communicate articles from research and community service cooperated with professional law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 26 Documents
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JURIDICAL ANALYSIS OF RESPONSIBILITY PERPETRATOR OF THE CRIME FORGERY OF LETTERS UNDER DURESS AS AN EFFORT TO ENTER INTO SAME-SEX MARRIAGE: CASE STUDY Disna Dwi Kusuma; Emi Puasa Handayani; Nur Chasanah
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. The criminal liability of the perpetrator of forgery of letters to carry out same-sex marriages which are now starting to occur by considering the judge’s ratio decidendi. The purpose of this study is to analyze the mens rea in Article 48 of the Criminal Code on coercion against the actions of the perpetrators of verdict number 155/Pid.B/2017/PN.Pwr and number 134/Pid./2017/PN.Byl and to examine the ratio decidendi of the judge in deciding the case of forgery of letters in case number 155/Pid.B/2017/PN.Pwr and number 134/Pid./2017/PN.Byl. Research Method. This research used normative juridical methods with a statue approach and case study approach. This research using literature and regulations that relevant to the topic or research problem criminal liability for perpetrators of mail forgery. Findings. The results of the author's research on decision number 155/Pid.B/2017/PN.Pwr and decision number 134/Pid./2017/PN.Byl are that the defendant's mens rea does not fulfill the elements of Article 48 of the Criminal Code so that there are no justification and excuse reasons that make the defendant free from the charges, therefore the defendant for all his actions must be accountable. Conclusion. The judge's ratio decidendi for both decision number 155/Pid.B/2017/PN.Pwr and decision number 134/Pid./2017/PN.Byl was correct and in accordance with the legislation.  
FORMS OF LEGAL PROTECTION DUE TO THE CONVERSION OF AGRICULTURAL LAND INTO RESIDENTIAL AND INDUSTRIAL LAND Saiful Munir; Siti Afiyah; Ahmad Munir
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. Indonesia is a developing country that cannot be separated from modernization. Thus, if Indonesia turns into a modern country, it must change itself from an agrarian country to an industrial country. Local government and related agency officials in an effort to realize the protection of sustainable food land are still limited to carrying out their main duties and functions as outlined in the local regulation, there are no other sociological efforts aimed at realizing the protection of sustainable agricultural land. The purpose of this research was 1) to find out the government's legal products in reducing the conversion of agricultural land into housing and industrial land, 2) to find out the form of legal protection due to the conversion of agricultural land into Housing and Industrial land. Research Method. This research used normative juridical that examine the regulations both legislation and other regulations under the law that have a relationship with research problems. In conducting research, the author uses several approaches, including a statutory approach, conceptual approach, historical approach and comparative approach. Findings. The conversion of agricultural land to non-agricultural uses in various regions in Indonesia is mostly carried out by the landowners themselves and is influenced by other factors both internal and external as well as policy factors from the government. Conclusion. The conversion of land that has been designated as sustainable food agricultural land for the public interest can only be carried out on the condition that a strategic feasibility study.
THE VALIDITY OF THE ESTABLISHMENT OF THE LEGAL ENTITY STATUS OF THE VILLAGE-OWNED ENTERPRISE “SUMBER REJEKI” LATUKAN VILLAGE : JURIDICAL REVIEW Erda Zenta Priscilasari; Adang Moelyono; Abid Muhtarom
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. The establishment of village-owned enterprises (hereinafter abbreviated as Bumdes) is based on the needs and potential of the village as an effort to improve community welfare. This business entity is intended to encourage or accommodate all activities related to increasing the income of the village community. This study aimed to determine the procedures in the formation of Bumdes that are legal entities and to determine and analyze the legal consequences of Bumdes that obtain ratification from the Ministry of Law and Human Rights (hereinafter abbreviated as Kemenkumham), the validity of  business entities to become legal entities, the authority of ratification and the legal consequences of Bumdes that do not meet the requirements of ratification in Kemenkumham. Research Method. This research was a normative research that uses a normative juridical approach, this approach is carried out by examining all laws and regulation number 11 of 2021 concerning Bumdes that are related to the problem (legal issue) being studied. Findings. The consistency and suitability of one law with another in Bumdes that are not registered with the PDTT Ministry of Villages and are not also authorized by Kemenkumham are in fact still running as ordinary business entities but are not free to develop business. Conclusion. The establishment and registration of Bumdes as legal entities is to facilitate village partnerships, facilitate the promotion of regional potential, accelerate regional economic improvement.
SUPERVISION AND ENFORCEMENT OF IMMIGRATION FOR FOREIGNERS WHO COMMIT VIOLATIONS IN INDONESIAN TERRITORY Fajar Harry Murcahyo; Subekti Subekti
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. The issue of supervision of foreigners plus illegal immigrants is a very sensitive issue in the Asia Pacific region because it involves many countries and is cross-border in nature. The use of Visa-Free Visit Permits is a modus operandi for foreigners to stay in Indonesian territory and then commit immigration violations which include misuse of stay permits, overstay, illegal immigrants, use of fake travel documents, cybercrime. The research purpose was to determine supervision and enforcement of immigration by immigration officer for foreigners who commit violations in the territory of Indonesia. Research Method. This research was a normative legal research. Sources of legal materials used are primary and secondary legal materials. The legal materials obtained will be analyzed using a qualitative analysis method, namely an analysis that departs from the norms, principles that exist as positive legal norms which are then analyzed qualitatively with the understanding that the results of the analysis will be realized in the form of descriptions not in the form of numbers. Findings. The supervision of foreigners is carried out in the form of administrative, coordinative and on-site supervision with one field operation. The actions taken are refusal to grant visa, refusal to allow entry into Indonesian territory, change, limit/ cancel immigration permit, prohibit foreigners to be in a certain place in Indonesian territory. Conclusion. In the event of a criminal offense, immigration may conduct process of criminal procedure law. In certain cases, immigration may take immigration action directly such as expulsion or deportation.
CRIMINAL OFFENDERS WHO DO NOT UNDERGOING HEALTH QUARANTINE OBLIGATIONS AFTER RETURNING FROM ABROAD DURING COVID-19 PANDEMIC: JURIDICAL REVIEW Fitri Suciningtyas; Zainul Arifin; Nur Chasanah
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. Indonesia is one of the countries affected by COVID19 virus. The government as the highest policy holder has issued various regulations such as social distancing, work from home (WFH), school from home, closing several public facilities, shopping centers, and health quarantine. The problem with this policy is that many people still do not comply with obligations such as quarantine after traveling abroad. This research purpose was to determine legal offenses for criminal offenders who do not follow health quarantine obligations after returning from abroad during the covid-19 pandemic. Research Method. The research used a normative juridical approach as a literature study and developed also conceptualized as legal research. The legal concept is carried out by reviewing all legal regulations related to the legal issues addressed and based on law no 6 of 2018 concerning health quarantine. This research used descriptive analysis. Findings. The form of accountability for community actors who are not quarantined after returning from a trip abroad is regulated by Article 93 of the 2018 Act 06. Conclusion. The law states that anyone who does not comply with the Health Quarantine Regulations will be sentenced to one year in prison and/or a fine of up to IDR 100 million.
THE SPECIAL STOPPING SPACE FOR MOTORCYCLES AT SIGNALIZED INTERSECTIONS IN KEDIRI CITY: JURIDICAL REVIEW Amelia Okta Ariani; Emi Puasa Handayani; Nur Chasanah
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. Traffic engineering technology is a solution to the problem of decreasing the performance of signalized intersections. Special stopping space at the signalized intersection, motorcycles can safely and easily go directly to the intersection. The research aimed to find out the basis of the law and the possible application of the special stopping space. Research Method. This research was normative research that uses a normative juridical approach, this approach is carried out by examining all laws and regulations that are related to the problem (legal issue) being studied. Findings. The legal basics for a motorbike specialized lift at a signal intersection in the city of Kediri Law number 22 of 2009 concerning road traffic and transportation, and also letters from the minister of public works and public housing. Conclusion. A result of the law implementation of the special stopping space for motorbikes at the intersection of signals in the self-location of the law resulted in the birth of a legal state and the result of the law’s penalty.
PREVENTION OF ERADICATION OF MONEY LAUNDERING CRIMES AGAINST PEOPLE WHO RECEIVE GIFTS FROM THE PROCEEDS OF CRIME: JURIDICAL REVIEW Nur Chasanah; Mohammad Rizky Pebrianto
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. Crime of Money Laundering is an act that hides or disguises the origin of money or assets obtained from the proceeds of criminal acts and then converted into assets that appear to originate from legitimate activities. Criminal acts that trigger money laundering include corruption, bribery, smuggling of goods/labor, employment/immigrants, banking, narcotics, psychotropic substances, slave trade/women/children/illegal weapons, kidnapping, terrorism, theft, embezzlement, and fraud. This research purpose was to determine legal consequences and criteria of money laundering.   Research Method. This research was normative research that uses a normative juridical approach, this approach is carried out by examining all laws and regulations that are related to the problem being studied. Findings. The person who gives gift in the proceeds of the crime of money laundering is ensnared by a criminal because controlling/hiding the proceeds of a crime from which that person does not know the truth. There are no specific criteria for viewing money from the crime of money laundering, but the authorities can identify the characteristics of people who receive the proceeds of money laundering crimes, such as someone's finances that have increased too fast in a short time or it can be seen that the financial graphs in privately owned banks are increasing rapidly, strange. Conclusion. All of the criteria are not guarantee that someone has received money from the crime of money laundering. The police must go through several stages, starting from examination, investigation, and so on to ensnare someone who commits the crime of money laundering.
CRIMINAL OFFENSE PERSECUTION BY FOOTBALL PLAYERS IN THE PSSI REGIONAL COMPETITION: JURIDICAL REVIEW Bambang Irianto; Andy Prasetyo; Suwarno
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

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Abstract

Background. Football is the most popular sport in the world. Football cannot be seen as just a sporting game that relies on physicality alone, but in the game of football emotions, adrenaline, passion, pride, and dedication are in it. Because of this, in a football match, physical contact cannot be avoided, ranging from light, moderate to heavy physical contact. So that football players have a tendency to commit violence against the body, which is prohibited in national law contained in Article 351 of the Criminal Code concerning persecution. The purpose of this study was to explain the criminal offense of persecution by football players in the PSSI regional competition. Research Method. This research was normative legal research with a juridical review approach, using legal rules, books and journals related to the research problem. Findings. Football has its law, namely the FIFA legal system which is transnational. In the FIFA legal system is divided into two namely Lex Sportiva & Lex Ludica. FIFA as an international football organization prohibits all forms of intervention in the realm of football. Conclusion. The state in enforcing state law must of course be careful not to be interpreted as a form of intervention by the state and violate the FIFA legal system.
A LIVING CLAIM AS AN ALTERNATIVE TO SOLVING DIVORCE CASE IN THE BOJONEGORO Abdul Qodir; Hardian Iskandar; Dodi Jaya Wardana
EQUALEGUM International Law Journal Volume 1, Issue 2, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.723 KB) | DOI: 10.61543/equ.v1i2.10

Abstract

Background. Maintenance is one of the husband's obligations towards his wife, and if the husband does not want to provide for his wife's children when in fact he can according to his ability, then the wife can sue him at the Religious Court. This study aims to examine in-depth script lawsuits as an alternative settlement of divorce cases in Religious Courts, as well as to analyze the efforts of judges and the execution of Religious Court decisions in cases of livelihood claims. Research Method. The method used is qualitative, while the type of research used was a juridical-empirical approach. A juridical review approach, using legal rules, books, and journals related to the research problem. Findings. Claims for maintenance can stand alone without having to divorce. The judge as the case breaker always emphasizes that married couples who want to divorce cancel their intention. Therefore, if a divorce case is caused by a husband's negligence in supporting his wife and children, then a wife can file a claim for maintenance to the Court. So, claims for a living can be a solution to the occurrence of a divorce. Conclusion. A claim for a living can be filed by bringing evidence of a lawsuit in the form of reasons why the wife sues her husband, accompanied by written documents such as a marriage certificate and husband's salary slip, and the amount of maintenance that must be given to his wife's children according to his ability.
PERSUASIVE ASSISTANCE AND PROBLEM-SOLVING FOR THE ESTABLISHMENT OF VILLAGE-OWNED ENTERPRISES Suyanto Dr
EQUALEGUM International Law Journal Volume 1, Issue 2, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (150.565 KB) | DOI: 10.61543/equ.v1i2.14

Abstract

Background. Programs from local governments to develop and prosper village communities through Village-Owned Enterprises (hereinafter better known as BUMDes) are in line with Law No. 6/2014 article 1 paragraph 6. However, the establishment of BUMDes is still unknown to the village community and many problems make village communities unable to take advantage of BUMDes. The purpose of this activity was to 1) increase knowledge of Tanjung village communities about BUMDes, 2) determine village potential, establishment, and management of BUMDes. Implementation Method. This community service activity was in collaboration with the Lamongan Government Sector and Indonesian Notary Association of East Java Regional Management through "Notary Masuk Desa" program. This activity was carried out in Tanjung Village, Lamongan Regency. This activity starts from providing seminars to village leaders and the Tanjung Village community on how to establish BUMDes until the establishment of BUMDes. Assistance related to all problems while managing BUMDes and providing legal or economic solutions. Findings. BUMDes and Tanjung Village business units that were formed include village electricity businesses, electricity payment services, and agricultural production facilities, providing credit/loans that are easily accessible to the community. During the running period of 6 months, the business unit was running well and problems began when village capital was still used by the credit business unit and the legality aspects of the village business unit that had been formed. Conclusion. BUMDes requires transparent, active, and integrity management to be following the purpose of its formation to improve the economy of the village and community.

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