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Adlia, Lia Trizza Firgita; Tarring, Anisah Daeng; Soraya, Anugra

DINAMIKA HUKUM 2024 Universitas Stikubank

Notary and PPAT in Engagement between Debtor and Creditor. This study aims to determine, and analyze the extent of the authority of Notaries and PPATs in Creditor Agreements between Debtors and Creditors and the position of Cooperation agreements between notaries and PPATs with Banks according to Positive Law. This study uses a normative juridical approach. The juridical approach is used to analyze various principles and theories related to the problems studied. The research results show that notaries and PPATs in the credit agreement system between creditors are carried out to provide legal certainty. The role of the notary and PPAT is also as the authorized party to check the collateral in the form of Mortgage to ascertain whether the collateral is valid in the eyes of the law or not. The position of notary and PPAT cooperation agreements with banks according to the Civil Code and the Principles of Freedom of Contract are binding and valid based on applicable regulations.

Cindy Sara Nauolim; Siti Ramlah Usman; Yossie M.Y. Jacob

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The price difference between the price tag and the cashier's price that occurs at Suba Suka Store is a form of violation of consumer rights, so that legal certainty is needed to protect the rights and obligations of consumers and business actors. The formulation of this research problem are: (a) How is legal protection for consumers who experience price differences between price tags and cashier's prices according to Law Number 8 of 1999 concerning Consumer Protection? (b) What is the responsibility of business actors regarding price differences between price tags and cashier's prices experienced by consumers at Suba Suka Store, Kupang City? The objectives of this research are:  (a) To determine the legal protection for consumers who experience price differences based on Law Number 8 of 1999 concerning Consumer Protection; and (b) To determine the form of responsibility of business actors in handling the problem of price differences at Suba Suka Store in Kupang City. The results showed that (a) Legal protection for consumers who experience price differences is clearly regulated, but in its implementation based on existing provisions, it has not been carried out properly because there has been no complaint to be resolved directly by the authorized party, namely BPSK at the NTT Provincial Disperindag, so that when consumers file a complaint (b) the form of responsibility of the Suba Suka Store is to provide prices according to what is found by the store, the rest is the right of consumers to decide to continue or cancel the transaction. The conclusions in this paper are: (a) The legal protection provided has not been implemented properly because it has never been resolved by the authorized party, either directly or indirectly (b) errors in the price tag and cashier's price are things that need to be paid attention to again by the Suba Suka Store to become their full responsibility to solve the problem of price differences that occur. The author's suggestions (a) it is necessary to increase supervision and provide socialization about consumer protection (b) every business actor pays more attention to replacing price tags (c) consumers are expected to be smarter and increase awareness when they realize their rights are being violated (d) to further researchers so that they can continue this research to support this thesis.         

Lydyana Trisnaeni Martin; Nur Aulia Lathifah; Eka Era Nurtanti; Kheisa Rahma Adhadina; Savira Eka Kusumawati

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Juridically in the context of Indonesian law, there are two perspectives that can be used to discuss the need for LGBT legal regulations, namely the customary law perspective and the Islamic law perspective. Lesbian, Gay, Bisexual and Transgender (LGBT) groups in Indonesia have received significant attention. This research uses normative legal research techniques as its methodology. This research further examines the need for clear legal regulations regarding LGBT. Considering the fact that Indonesia is a legal country where people respect each other's customs and religious beliefs, it can be said that the legalization of LGBT people is not justified. Thus, it is hoped that this research can answer problems that are of concern to the Indonesian people. As well as, it can open insight that legal regulations regarding LGBT in Indonesia are very necessary to achieve benefits, certainty and legal justice.

Santiana Siboro; Sri Hadiningrum

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

The development of science and technology has positive and negative impacts on human life. Likewise with cyberspace, one of the advances in technology, of course it is a reality that is faced with a legal metanarrative. Overcoming the ineffectiveness of legal metanarratives in addressing cyber challenges requires an innovative and comprehensive approach. Currently the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0 which has a major impact on industrial life, especially in the form of rapid technological developments. The rapid development of technology has given birth to a new concept of "creative industry" which utilizes human creativity and thinking abilities. Intellectual property rights play a very important role in the creative industry, and the state recognizes the efforts and perseverance of creators/inventors in producing new innovations and minimizing the occurrence of intellectual property rights. Therefore, intellectual property must be protected legally. Violation of rights. However, in reality there are several challenges and difficulties in implementing laws related to intellectual property rights in Indonesia. This journal uses normative research methods based on legal regulations and literature studies, and considers aspects of theoretical, structural and legal explanations. The main problem that occurs in Indonesia is the low level of public awareness and education regarding intellectual property, and this problem can give rise to other problems. Intellectual property protection in Indonesia not only provides peace of mind and legal certainty for creators/inventors, but also has a psychological impact that motivates creators/inventors to continue to innovate. Indonesia will be a country that has great potential to implement Industry 4.0 because of its large workforce. The digital information era not only brings progress to industry, but can also pose challenges to labor laws. The aim of this research is to analyze labor problems due to the absence of regulations that are appropriate to the situation in the Industrial Revolution 4.0 era.

Ayu Nopitasari; Anjar Sri Ciptorukmi Nugraheni

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out and analyze the implementation of fulfilling the requirements for polygamy in order to obtain permission from the Surakarta Religious Court. Apart from that, it is also to find out and analyze forms of protection for wives' rights in cases of applications for polygamy permits. This research is empirical legal research with a qualitative approach. The types of data used are primary data and secondary data. The techniques used in collecting legal materials in this research were interviews and literature study. The data analysis technique used in this legal research is a qualitative data analysis technique with an interactive analysis model. Based on this research, the results obtained show that the implementation of polygamy requirements is in accordance with Article 4 paragraph (2) and Article 5 paragraph (1) of Law Number 1 of 1974 concerning Marriage, PP Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI). If the alternative and cumulative requirements are met, accompanied by perfect evidence, the panel of judges will grant the Petitioner's request for a polygamy permit. The form of protection of the wife's rights in the case of a polygamy permit application at the Surakarta Religious Court is that first, the polygamy permit application case is contentious by placing the wife as the respondent, so the wife has the right and opportunity to respond and submit answers, duplicates and conclusions in front of the court regarding the permit application. polygamy proposed by the husband. Second, there must be a request for determination of joint assets. Determining joint assets is very important to provide certainty about the status of joint assets and at the same time protect the wife's property rights so that they do not get mixed up. Third, namely the marriage agreement, between husband and wife, they can enter into a marriage agreement to guarantee the protection of joint assets. Apart from that, this marriage agreement is not limited to financial or property matters, but also accommodates other issues that are important to be a

Moh Aditya Adjara; Mutia Cherawaty Thalib; Dolot Alhasni Bakung

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The purpose of this study leads to legal action that can be done by business actors related to losses caused by fictitious orders and legal protection against business actors in online buying and selling transactions Cash on Delivery (COD) payment methods. This type of research is a juridical normative research that leads to legal norms, legal principles and using the statute approach (legislation) and supported by the fact approach (the Fact Approach) and conceptual approach (concept approach). The results of the study that the form of legal protection against business actors who are harmed by consumers is in the form of compensation and/or sanctions against consumers when consumers still do not replace the losses as intended. Although Chapter 13 of the UUPK does not specify criminal sanctions against consumers in particular, this does not mean that consumers can avoid criminal sanctions. Criminal sanctions can be imposed against consumers if the consumer's actions have met the criminal elements. The legal action of business actors against consumers who make fictitious orders can then implement the principle of strict liability, business actors who feel aggrieved over the actions of consumers who are not responsible for the goods that have been ordered can demand compensation or compensation without having to dispute the presence or absence of elements of error on the part of consumers. The threat of punishment obtained against consumers who are proven to have committed fraud will be subject to imprisonment for a maximum of four years in accordance with Article 378 of the Criminal Code.. Therefore, it should pay more attention to legal certainty regarding legal protection not only to consumers but also to business actors. Because basically losses can not only be experienced by consumers but can also be experienced by business actors.

Shyandra Putri Buhang; Fence M Wantu; Nuvazria Achir

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

the study aims to analyze the imposition of a criminal verdict in the case of murder that occurred in case No. 117/PID.B / 2022 / PN GTO at the Gorontalo City District Court, as well as factors that influence the judge in deciding the murder case. The research method used is normative legal research with the approach of legislation and the approach of existing cases, which are then analyzed in a descriptive qualitative. The results showed that the analysis of the verdict on the murder case No. 117/Pid.B / 2022 / PN GTO at the Gorontalo City District Court, it can be concluded that the decision is the result of a criminal justice process based on the results of the examination and the facts of the trial as well as the cooperative attitude of the perpetrator. The factors that influence the decision, among others, are the evidence presented in the trial, witness testimony, Judge's consideration, and applicable legal provisions. The judge in his decision did not consider the elements of the indictment charged by the public prosecutor, namely Article 340 of the criminal code, but instead decided the case using Article 338 of the Criminal Code which, according to researchers, does not reflect the principle of legal certainty and Justice.

Nurul Syazwani Sabang; Mutia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to find out what the legal consequences are of bad credit agreements where mortgage rights are not registered at the Gorontalo City National Land Agency office and to find out the factors that cause mortgage rights not to be registered. The type of research used is Normative Empirical research, using data types consisting of primary data, secondary data and tertiary data. Data collection techniques were carried out using interview, observation and literature techniques. Then the data is analyzed descriptively or provides an overview or explanation of the research subjects and objects as the results of the research conducted. The results of this research show that cases of bad credit agreements where mortgage rights were not registered at the national land agency office have occurred in the city of Gorontalo. So the legal consequence obtained from this case is that the bank as the creditor cannot prosecute in court because the mortgage which is used as collateral is not registered. Clearly this is detrimental and does not provide legal certainty for both parties concerned, especially because registration of mortgage rights determines the birth of mortgage rights. Then there are several factors that cause the mortgage rights not to be registered, namely, negligence on the part of the land owner, administrative obstacles, financial difficulties, approval from related parties and so on.

Moh. Shafwan Saifullah Pakaya; Fence M.Wantu; Nirwan Junus

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to find out the process and implementation of land registration in Hutuo Village, as well as to find out the factors that cause problems in land registration in Hutuo Village. The type of research used is Empirical Legal research. Data collection techniques were carried out using interview techniques and literature. Then the writer will analyze the data obtained in the research process descriptively, in this case the researcher will describe the description of the research subjects and objects as the results of the research he conducted. The results of this research indicate that land registration in Hutuo Village in view of Government Regulation Number 24 of 1997 is still not optimal. This is proven by the data in Hutuo Village where there are still a large number of unregistered land cases. However, the cases of land that have not been registered have not been resolved, due to the background obstacles that influence the achievement of legal certainty in the Hutuo Village. The suggestion in this research is that the Government, especially the Regional Office of the National Land Agency in Gorontalo Regency, continues to strive to carry out more outreach to the people of Hutuo Subdistrict to carry out land registration so that they can have a certificate to obtain legal certainty.

Eriz Syawaldi; Irwan Triadi

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the theoretical basis of the Nebis In Idem principle in civil cases, especially in class actions and how the basis for the Judges' consideration in applying the Nebis In Idem principle in Class Action Decisions, where the method of approach used in this scientific work is normative juridical, namely research that analyzes laws and regulations with literature studies. Using primary source study materials in the form of regulations, while secondary legal materials include books, articles from accredited journals, besides that tertiary legal materials consist of legal dictionaries.  This journal begins with a formulation of the meaning of the application of the Nebis In Idem principle.  Then describes descriptively the relationship between Article 10 of PERMA No. 1 of 2002 concerning Class Action Procedures with Article 1917 of the Civil Code. It can be concluded that the theoretical basis of this principle is solely to provide legal protection for a person's human rights, so that a person is not tried for the same case and prioritizes legal certainty and does not let the government repeatedly talk about the same event.

Ernita Puspa Dewi; Nadia Asiska

International Journal of Humanities and Social Sciences Reviews 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Marriage administration services are a form of public service that has important legal and social implications for the community. The Office of Religious Affairs (KUA), as a technical implementing unit of the Ministry of Religious Affairs, plays a strategic role in providing legal certainty regarding marital status. This study aims to analyze the quality of public services and public perceptions of marriage administration services at the Office of Religious Affairs in South Dumai District. This study used a qualitative approach with descriptive methods. Data were collected through observation, in-depth interviews, and documentation studies, with purposively selected informants consisting of KUA officers and community service users. Data analysis was conducted using the Miles and Huberman interactive model, which includes data reduction, data presentation, and conclusion drawing. The results show that the quality of public services at the KUA in South Dumai District is generally in the good category, particularly in the dimensions of responsiveness, reliability, and assurance. However, the tangible and empathy dimensions still require improvement, particularly related to limited infrastructure and individual attention to the community. This study confirms that the effectiveness of marriage administration services is determined not only by the performance of the apparatus, but also by the level of understanding and readiness of the community as service users. These findings provide important implications for improving the quality of public services through strengthening socialization, procedural transparency, and a more user-oriented service approach.

Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Dian Pribadi Sihotang

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of the law by the panel of judges in Decision Number 11/Pdt.Sus-PKPU /2017/PN Niaga Medan regarding the responsibility of debtors to concurrent creditors in the implementation of the homologated PKPU peace agreement. This research is normative legal research that is qualitative in nature. Data comes from primary, secondary and tertiary legal materials collected using library research and document study techniques. Primary data as supporting data for normative analysis was collected using the interview method with judges and curators who were determined purposively. Data analysis was carried out using the qualitative normative data analysis method.Based on the research results, it is concluded that legal certainty regarding the rights of concurrent creditors occurs after the homologation of peace agreements which are binding and obtain permanent legal force. If the debtor is negligent and the settlement is canceled, the debtor will lose independence or the debtor will no longer have any interest in controlling or managing his assets. In this regard, the application of the law by the panel of judges in the homologation Decision Number 11/Pdt.Sus-PKPU/2017/PN Niaga Medan was correct with the consideration that the debtor was declared negligent in fulfilling his obligations and canceled the decision to ratify the peace by declaring the debtor to be in bankruptcy with all legal consequences

Tedy Subrata

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2024 FKIP, Universitas Palangka Raya

Special Education for the Advocate Profession (PKPA) is a mandate from Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates. Special Education for the Advocate Profession is a form of education that must be followed by someone with a bachelor's degree with a higher legal education background. Special Education for the Advocate Profession (PKPA) has relevance to the Law of the Republic of Indonesia Number 20 of 2003 concerning the National Education System (SISDIKNAS) which states that the types of education consist of general, vocational, professional, vocational, religious and special education. This Community Service activity aims to produce professional lawyers who are reliable, independent and responsible so that they are able to appear as enforcers of justice in administering justice honestly and in accordance with legal objectives, namely, legal justice, legal benefits and legal certainty for all by enforcing equality at the forefront. before the law. This activity was attended by 30 (thirty) prospective advocate participants which was held on October 14 2023 at Tangerang Raya Tiga Raksa University, Tangerang Regency. The method used by Service Learning (SL) is intended to integrate learning into the Special Education for the Advocate Profession (PKPA) or the partnership of the National Leadership Council of the Indonesian Advocates Association (DPN PERSADIN) with the Faculty of Law, University of Greater Tangerang (UNTARA). Apart from that, the Participatory Action Research (PAR) approach is oriented towards empowering participants in Special Education for the Advocate Profession (PKPA). This is due to the need and resolution of legal problems in society. Higher education officials must place society as the main actor in development and change. The result of this activity is to give birth to the profession of advocates and provide an understanding that Advocates are a profession that is noble, free, independent and responsible in upholding the law, and that the activities of this profession are guaranteed and protected by law for the sake of implementing the Rule of Law.

Malik Syaifuddin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the validity of the sale and purchase of land rights based on an absolute power of attorney without the knowledge of the seller, focusing on Supreme Court Decision Number 680 K/Pdt/2020. This study aims to analyze the validity of the use of an absolute power of attorney in the process of transferring land rights and its legal implications. The results of the study indicate that the use of an absolute power of attorney in the transfer of land rights is contrary to the provisions of laws and regulations, especially Article 39 paragraph (1) letter d of Government Regulation Number 24 of 1997 concerning Land Registration. This absolute power of attorney is declared null and void by law because it contains elements of irrevocable transfer of rights, which is contrary to the principle of "Nemo Plus Juris Transfere Potest Quam Ipse Habet". The court decision confirms that legal actions based on the absolute power of attorney are invalid, so the transfer of rights that occurs must be canceled. This finding emphasizes the importance of compliance with legal principles and provisions by notaries and land deed officials in the process of transferring rights to ensure legal certainty and justice.    

Endriyani Lestari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Village Spatial Plan (RTRW) is a follow-up interpretation of the District RTRW. These provisions have been stated separately in the Village Law. However, in practice, standardization of village spatial policy implementation has not been fully implemented. The concept of village development needs to pay attention to village spatial planning to ensure the benefits and compliance of existing regulations. The method applied in this study is the normative juridical method through qualitative review. Normative juridical review is a stage of legal review carried out through the review of library sources or secondary information as the main material by conducting research related to the problem under study. The results of this study show that to implement policies related to village spatial planning, there are two possible factors, namely supporting and inhibiting factors. To develop clarity on the objectives of policy implementation, legal certainty is needed that can accommodate the needs of village structuring and control.

Nur Anisa Simbolon; Kristina Pujasari Sitompul; Sulastri Krisdayanti Sinambela; Reh Bungana Beru Perangin-angin; Parlaungan Gabriel Siahaan

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

The role of the local government of North Sumatra province in the development of Tortor Toba dance and gordang sambilan dance as performing arts that are expressions of traditional culture. EBT (traditional cultural expression) is a form of traditional intellectual property. Tortor is a dance, but the meaning more than the movements states that Tortor is a medium of communication, where through the movements displayed there will be interaction between participation in ceremonies, weddings, and also welcome. On the other hand, the lack of attention of the Indonesian government makes the Tortor dance has no copyright protection, therefore the author is interested in conducting further research on legal protection of the Tortor dance, the important role of the local government of North Sumatra province and the solution that can be provided by the government to the problem of claiming tortor and gordang sambilan dances by neighboring countries. This research uses qualitative descriptive research methods, with normative-empirical legal research types. Data collection techniques are interviews, documentation and data sources from the North Sumatra Provincial Culture and Tourism Office and the owner of the Sihoda dance studio. The finding in this study is that legal protection for Tortor's dance has not provided legal certainty specifically for Tortor's own dance, but the law recognizes the existence of regional arts.  

Dita Cahyani Sudirman; Nabila Alya Husna; Salsabilla Putri Alaika; Aura Syahranni; Donyuanalloh Azdy

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The study of the role of the Financial Services Authority (OJK) in protecting banking customers is an important topic in the context of consumer protection and the stability of the financial system. OJK has the authority to end operational supervision procedures related to bank and non-bank exchange transactions, as well as providing legal certainty for customers. It is an Islamic economic perspective, OJK also has a role in protecting sharia banking customers. Legal protection for depositing customers has been regulated in various laws and regulations, including Law Number 21 of 2011 concerning OJK. OJK also has an important role in resolving consumer complaints in accordance with those regulated in the Consumer Protection Law. In addition, OJK is also involved in regulating national economic stimulus policies that have an impact on the spread of COVID-19. Through regulations such as OJK Regulation No. 48/POJK.03 Year 2020, OJK plays a role in loving the guarantee for financial losses felt by depositing customers. Thus, the role of OJK in protecting banking customers is very important in maintaining public trust in the financial system.

Vehrial Vahzrianur; Samudra Farasi Putra; Rizky Bayu Pratama; Muhamad Revanza Solihin; Aditya Pangestu Halomoan Tampubolon +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Juridical Review of the Digital Banking System for Customer Protection discusses legal certainty for customers in banking transactions via internet banking. The study highlights the protection of customers' personal data and the security of banking information regulated in related agreements including Law no. 10 of 1998 concerning banks and Law no. 11 of 2008, which was changed to Law no. 19 of 2016 concerning electronic information and transactions. Legal protection of online banking users from cybercrime also serves as a research focus. Several studies also highlight the importance of policy protection for victims of economic crime in the banking sector. Customer protection in digital banking systems is becoming increasingly important along with rapid technological developments

Sarbini Sarbini; Athala Rania Insyra; Alvina Fidriyanti; Ismia Rodlotul Jannah; Davit Mahesa Handika +19 more

Jurnal Nusantara Berbakti 2023 Universitas Kristen Indonesia Toraja

This research aims to discuss the opportunities and challenges of the world of work in the era of globalization in Mojowatesrejo village as a driving force for the development of Micro, Small and Medium Enterprises (MSMEs). The research results show that globalization means the process of bringing information, thoughts, lifestyles and technology into the world scope. In the era of globalization, business people have to compete with competitors all over the world. Globalization has expanded markets and reduced geographic boundaries, but it has also increased intense competition. In facing challenges and taking advantage of opportunities, collaboration, innovation and focus on customer needs will be the keys to success. Article 28D paragraph (1) Every person has the right to recognition, guarantees, protection and fair legal certainty as well as equal treatment before the law.