JOURNAL EQUITABLE

IMPLIKASI PRINSIP SYARI’AH TERHADAP PENGATURAN ASURANSI DALAM SEKTOR TRANSPORTASI DI INDONESIA

Muhammad Al Haadi Nugraha, R Desril — Fri, 24 Oct 2025 00:00:00 +0700

Sharia insurance emerges as an alternative to address the issues found in conventional insurance practices, which contain elements of gharar (ambiguity), riba (interest), and maisir (gambling). The transportation sector in Indonesia, with its high risks such as accidents and cargo damage, requires insurance protection based on sharia principles. This study aims to analyze the provisions of sharia insurance that conflict with conventional insurance in the transportation sector and the implementation of sharia principles in this sector. The research method used is normative legal research with a descriptive-analytical approach, analyzing applicable regulations and related literature. The findings show that sharia insurance prioritizes justice, transparency, and mutual assistance among participants. The main challenge is the lack of public understanding of this system. Recommendations for the government and insurance companies include strengthening regulations and conducting education to promote sharia insurance in the transportation sector.

PROFIL PSIKOLOGIS PELAKU PEMBUNUHAN BERENCANA: STUDI KASUS DAN IMPLIKASI KRONOLOGIS

Fri, 24 Oct 2025 00:00:00 +0700

Premeditated murder is a serious form of crime that not only involves acts of physical violence, but also careful planning and complex psychological motives. This research aims to identify and analyze the psychological profile of perpetrators of premeditated murder through a case study approach to several court decisions in Indonesia. Using descriptive qualitative methods, this research examines the perpetrator's life background, psychological condition, thought patterns and motivations that encourage the perpetrator to carry out planned acts of murder. The results showed that most perpetrators showed certain personality traits such as manipulativeness, egocentrism, and low empathy, which in some cases were associated with antisocial or narcissistic personality disorders. In addition, external factors such as economic pressure, relationship conflicts, and past experiences of violence also strengthen the perpetrator's criminal tendencies. These findings have important implications for developing crime prevention strategies, evaluating the risk of recidivism, and formulating more targeted rehabilitation policies. This research also emphasizes the importance of collaboration between criminal justice institutions and forensic psychologists in handling premeditated murder cases comprehensively.

INTEGRASI KEBIJAKAN DIVERSI BERBASIS PRINSIP KEADILAN RESTORATIF DALAM SISTEM HUKUM CUKAI DI INDONESIA

Dedi Muhardi , Fahmi Fahmi, Robert Libra — Fri, 24 Oct 2025 00:00:00 +0700

This research discusses the implementation of diversion policies based on restorative justice principles in Indonesia's customs sector, aimed at reducing the burden on the judicial system and restoring the country's economic losses. The research questions in this study focus on how diversion policies can be integrated into the customs legal system in Indonesia and the benefits and challenges faced to improve the effectiveness of law enforcement and economic recovery. The study uses normative legal research methods with library research, analyzing relevant regulations, doctrines, and legal theories. The findings indicate that the implementation of diversion policies can reduce judicial burdens, speed up economic recovery, and create a more efficient and just legal system. However, the main challenges include lack of understanding among law enforcement, unclear implementation regulations, and legal uncertainties. Policy reforms and increased capacity of law enforcement are crucial to ensure the successful implementation of this policy.

KESADARAN HUKUM MASYARAKAT TERHADAP PEMBERIAN NAFKAH TIDAK HALAL DARI HASIL GAME JUDI ONLINE PERSPEKTIF IMAM SYAFI’I STUDI KASUS KELURAHAN BERNGAM KOTA BINJAI

Evi Nuraeningsih , Muhammad Nur Iqbal — Fri, 24 Oct 2025 00:00:00 +0700

This study aims to examine the public's legal awareness regarding unlawful sustenance from online gambling games and the views of the Shafi'i school of thought on this matter. The method used is qualitative research with an empirical normative approach, which focuses on analyzing legal regulations and related legal concepts. The approach applied is a conceptual approach, which emphasizes problem-solving analysis through an understanding of legal concepts and values in the formulation of regulations. The research findings show that the public's legal awareness of unlawful sustenance from online gambling varies. Some understand it, but the environment, which treats gambling as common, leads them to continue the activity, especially under economic pressure. Others are less aware of what is lawful or unlawful, yet they are tempted by the immediate gains from online gambling without realizing that the sustenance provided to their families is unlawful. Imam Shafi'i emphasizes that sustenance from wealth obtained through unlawful means, such as usury, theft, robbery, fraud, and gambling, is not permissible for providing sustenance to oneself, family, or others. This can have negative consequences for both the giver and the receiver of the sustenance.

Keywords: Legal Awareness, Unlawful Sustenance, Imam Shafi’i’s Perspective

PERBANDINGAN REGULASI PERLINDUNGAN DATA PRIBADI ANTARA INDONESIA DAN SINGAPURA DALAM KONTEKS KASUS WORLDCOIN

Mohamad Gery Alfaaiz — Fri, 24 Oct 2025 00:00:00 +0700

This study examines the comparative regulation of personal data protection between Indonesia and Singapore in the context of the Worldcoin case, a global project collecting biometric data through iris scanning. The central research question concerns the differences in legal frameworks for protecting biometric data and their implications for citizen protection. This research adopts a normative legal method with a comparative and case study approach. The findings reveal that Indonesia’s Law No. 27 of 2022 on Personal Data Protection explicitly classifies biometric data as specific personal data requiring explicit consent. However, Indonesia lacks a dedicated supervisory authority and has limited technical regulation concerning specific biometric types such as iris scans. On the other hand, Singapore’s Personal Data Protection Act (PDPA) provides a principle-based framework that offers flexibility regarding consent and accountability, supported by an active supervisory body (PDPC). These differing approaches influence how each country responds to the Worldcoin initiative: Singapore opted for regulatory audits, while Indonesia suspended activities based on administrative discretion. The study recommends strengthening institutional oversight and enhancing Indonesia’s technical regulation to address biometric technologies more effectively and adaptively.

PENIPUAN BERBASIS SKEMA PIRAMIDA: TINJAUAN MENURUT KUHP

Fri, 24 Oct 2025 00:00:00 +0700

Pyramid scheme-based fraud is a form of economic crime that is increasingly occurring in Indonesia. This fraud has a mode where the perpetrator takes advantage of large profits quickly through recruiting new members. This criminal scheme is basically unsustainable and has the potential to harm many parties, especially participants at lower levels or levels. This research aims to analyze pyramid schemes as a form of fraud from the perspective of criminal law in Indonesia, especially from the perspective of the Criminal Code (KUHP). The method used is a normative juridical approach by analyzing relevant articles, such as Article 378 of the Criminal Code concerning criminal acts of fraud, as well as making comparisons with other more specific regulations such as the Consumer Protection Law and Financial Services Authority (OJK) regulations. The results of the analysis show that even though the Criminal Code does not explicitly regulate pyramid schemes, the elements in Article 378 of the Criminal Code can be imposed on the perpetrator, knowing that the perpetrator has the intention to obtain profits for themselves unlawfully by deceiving other people. There is a need for more comprehensive legal updates or implementing regulations in order to provide legal certainty and protection to the public from fraudulent acts under the guise of investment.

URGENSI PERAMPASAN ASET SEBAGAI UPAYA PENGEMBALIAN KERUGIAN NEGARA HASIL TINDAK PIDANA KORUPSI

Rivaldi Hendy Syahputra, Mardian Putra Frans — Fri, 24 Oct 2025 00:00:00 +0700

This research aims to examine the urgency of an Asset Forfeiture Law for proceeds of corruption in Indonesia. Existing laws, such as the Corruption Criminal Act Law and other criminal statutes, haven't been fully effective in asset forfeiture. This is because current mechanisms limit asset seizure and forfeiture to cases where a criminal conviction has already been issued. This limitation creates an opportunity for proceeds of corruption to be hidden or disposed of while legal processes await a criminal judgment. Therefore, a new Asset Forfeiture Law is needed, adopting asset forfeiture mechanisms known in civil law to enable the total recovery of state losses.

SPECIAL REASONS FOR JUDGES IN GRANTING MARRIAGE DISPENSATION ON THE BASIS OF NON-URGENT REASONS (Case Study of Indonesian Religious Court Stipulations)

Rosalia Kusumawardhani, Umar Haris Sanjaya — Fri, 24 Oct 2025 00:00:00 +0700

The amendment to Article 7 of Law No. 16/2019 on Marriage, particularly Article 7 section (2), does not provide a specification of urgent reasons for applying to the Court for dispensation to marry. This condition gives Judges the flexibility to grant dispensation to marry on non-urgent grounds, as well as providing leeway for parents in their main role of preventing child marriage. The main problem to be discussed is related to the reasons for Judges to grant marriage dispensation on the basis of non-urgent reasons. The research method is normative law, which produces descriptive data in the form of written information. The data analyzed is secondary data, with a Legislation approach from PERMA Number 5 of 2019 and case studies from the 2023 determination of the Religious Courts in Indonesia. The results showed that the urgent reason is only in two situations, namely: the prospective wife is pregnant outside of marriage and has had relations as husband and wife between the two, but in fact the Judge in adjudicating marriage dispensation does not necessarily apply urgent reasons, but there are special reasons for the Judge which are used as the basis for granting marriage dispensation on a non-urgent basis.

EFEKTIVITAS PENEGAKAN HUKUM TERHADAP PEREDARAN ROKOK TANPA PITA CUKAI DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 39 TAHUN 2007 TENTANG CUKAI

Waloyo Waloyo, M. Yusuf DM , Rudi Pardede — Fri, 24 Oct 2025 00:00:00 +0700

The circulation of cigarettes without excise stamps in Indonesia has become a serious issue impacting state revenue and public health. Illegal cigarettes reduce state income and create injustice in the taxation sector. Law enforcement against illegal cigarette circulation faces challenges such as low public awareness and weak supervision. This study aims to analyze the legal provisions regarding the imposition of excise on cigarettes under Law No. 39 of 2007 and evaluate the effectiveness of law enforcement against the circulation of cigarettes without excise stamps. The research method used is normative legal research with a descriptive-analytical approach, examining regulations and related literature. The findings show that despite the existence of excise regulations, the circulation of illegal cigarettes remains high due to significant price differences between legal and illegal cigarettes. Law enforcement is still limited by a lack of resources, low legal awareness, and insufficient coordination among institutions. The study recommends regulatory evaluation, enhancing the capacity of law enforcement agencies, and promoting active public participation in combating illegal cigarettes.

URGENSI PENGATURAN TERHADAP PENYALAHGUNAAN ARTIFICIAL INTELLIGENCE PADA TINDAK PIDANA MALWARE DI INDONESIA

Wilianli Melati Jaya Putri, Cheny Berlian, Rahmi Yuniarti, Umar Dinata — Fri, 24 Oct 2025 00:00:00 +0700

The misuse of Artificial Intelligence in malware crimes is a serious challenge in the digital era, considering that Artificial Intelligence can be used to create more sophisticated and difficult to detect malware. The urgency of regulating the misuse of Artificial Intelligence is very important to prevent the potential for widespread losses in the cyber sector. This study examines the forms and impacts of the misuse of Artificial Intelligence in malware crimes and the urgency of regulating the misuse of Artificial Intelligence in malware crimes in Indonesia. The research method used is normative juridical with a comparative legal approach. The results of the first discussion show that the forms of misuse of Artificial Intelligence have increasingly developed, including Adaptive Malware, Smart Phishing, Artificial Intelligence Powered Ransomware, Artificial Intelligence Powered Botnets, Polymorphic Malware, Spyware Artificial Intelligence, and Artificial Intelligence Powered Worms, then discuss the legal impacts that arise and most often are related to criminal liability due to the misuse of Artificial Intelligence in malware crimes. Second, the results of the discussion show that Indonesia does not yet have specific regulations regarding the misuse of Artificial Intelligence in cybercrime. On the other hand, the European Union has established an Artificial Intelligence Act with a risk-based approach, while China regulates Artificial Intelligence through strict administrative provisions.