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Contact Name
Aslan
Contact Email
aslanbanjary066@gmail.com
Phone
+6285245268806
Journal Mail Official
aslanbanjary066@gmail.com
Editorial Address
Jalan Joyosuko Metro 42 A, Merjosari, Malang, Provinsi Jawa Timur, 65144, Indonesia
Location
Kota malang,
Jawa timur
INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : -
Core Subject : Social,
Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
Search results for , issue "Vol. 2 No. 3 (2023): AGUSTUS" : 13 Documents clear
QAWAID FIQHIYYAH: (Korelasi, Urgensi Dalam Istinbath Hukum) Y. Sonafist
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Al-qawaid al-fiqhiyyah is a general rule covering a number of fiqh issues and through it can be known the law of fiqh issues that are within its scope. Al-qawaid al-fiqhiyyah which was formulated by the scholars which was not directly adopted and based on texts cannot be used as an argument in establishing Islamic law. Because, it is illogical to make something which is a collection of a number of furû' (fiqh) issues as the proposition of the syara' proposition. However, if the fiqh rules are directly based on and based on the arguments from the Qur'an and Sunnah (nash), they can be used as evidence in establishing law.
PENGATURAN HAK WARIS ANAK ANGKAT DALAM MASYARAKAT ADAT KASEPUHAN SINAR RESMI BERDASARKAN HUKUM ISLAM Muhamad Budi Hermawan
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Indigenous peoples in Indonesia recognize adoption. But the impact on inheritance can be different for each custom. The problem in this study is how to regulate the inheritance rights of adopted children in the official Kasepuhan Sinar Resmi based on Islamic law. The research method used is an empirical research method using primary data and secondary data. The results of the study stated that the arrangement of the inheritance rights of adopted children in the Kasepuhan Sinar Resmi based on Islamic law is that adopted children do not get inheritance rights. However, in the Kasepuhan Sinar Resmi indigenous people, the provisions regarding the granting of inheritance rights to adopted children use the provisions stipulated in the Compilation of Islamic Law, so that the inheritance rights of adopted children are given a mandatory will of up to 1/3 of the inheritance of their adoptive parents.
PERLINDUNGAN HUKUM UNTUK WISATAWAN MUSLIM DI INDONESIA BERDASARKAN PERATURAN PERUNDANG UNDANGAN DAN HUKUM ISLAM Rully Putra Jaya; Hidayat Hidayat
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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The results of this study explained the following: First, Government laws and Regulations regarding tourism are considered to be able to protect tourists in general but have not regulated and protected the rights of muslim tourists specifically. Second, law number 8 0f 1999 concerning consumer protection is considered to protect tourists. However, when it is used for seeking justice through the courts, it needs to be interpreted differently in muslim tourist disputes, According to Arcticle 46, the term general courts is interpreted as religios coursts. Third, Government Laws and regulations regarding halal product assurances are very effective in efforts to provide security and comfort in terms of consumptions of muslim tourists. Fourth, the current local government regulation is an alternative positive regulation that is applicable to halal tourism. Fifth, The Fatwa Of National Sharia Board (DSN) nomber 108 0f 2016 of concerning halal tourism that is used a guideline for halal tourism regulations is still limited, as it only applies to regions that apply local governmant regulations on halal tourism. Sixth, The Fatwa Of DSN-MUI does not have binding legal force until it is adopted to the Government Laws And Regulations
ANALISIS IMPLEMENTASI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DARI PRESPEKTIF TEORI KEADILAN : (Studi Kasus Di Kota Gorontalo) Lion Hidjun; Agustina Bilondatu; Yusrianto Kadir
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Implementation of Law Number 12 of 2022 concerning Acts of Sexual Violence from the Perspective of the Theory of Justice. Sexual violence is violence that occurs because of sexual issues. Sexual violence is generally committed against partners. Law enforcement is less effective and tends to be unable to thoroughly deal with crimes both in terms of quality and quantity. This research is a qualitative descriptive, empirical legal research method, with a statute approach and an analytical conceptual approach. The results of the study show that the implementation and enforcement of Law Number 12 of 2022 concerning acts of sexual violence in the city of Gorontalo have been carried out by law enforcement agencies following the provisions of the law accompanied by fines, then court decisions are determined by courts against perpetrators of crimes of sexual violence carried out following the demands and charges of the Prosecutor. The severity of the sentence depends on the motive, behavior of the witness, and the incident of the sexual crime. In conclusion, the implementation of law enforcement against crimes of sexual violence in the city of Gorontalo has been carried out by police agencies, prosecutors, and courts, enforcement of Law Number 12 of 2022 is carried out through Rechterlijk Pardon or pardons by judges in the form of decisions.
EFEKTIFITAS UNDANG-UNDANG NO. 17 TAHUN 2008 TENTANG PELAYARAN TERHADAP KESELAMATAN PENUMPANG TRANSPORTASI LAUT PADA PT. ASDP FERRY CABANG KUPANG BOLOK Shelvia Sipa Hekin; Stefanus Don Rade
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Abstract

Indonesia is a Maritime Country, where Indonesia's seas are wider than its land. Therefore, it is certain that there will be modes of transportation as facilities and infrastructure to support the movement of people. Therefore, the problem in this journal is how to organize the transportation of passengers in sea transportation, forms of protection and also make the existing regulations effective, namely Law No. 17 of 2008 concerning shipping for the safety of sea transportation passengers in this case conducting research on PT. ASDP Kupang Bolok Ferry Branch.The research method used in this study is normative juridical research, because this research originates from positive law by looking at its relevance in its application in society, then the data obtained is analyzed qualitatively. Normative qualitative, namely the data obtained after being systematically arranged to be analyzed qualitatively normatively in the form of descriptions, so that conclusions can be drawn to achieve clarity regarding the issues to be studied. The results of the literature will be used to analyze the data, then the data will be analyzed qualitatively normatively to answer the problems in this journal.The main conclusion that can be drawn from the writing of this journal is that with the promulgation of Law No. 17 of 2008, it has also regulated how legal protection for users of sea transportation services, which expressly prohibits carriers from being responsible at all or limited to losses incurred caused by the means of transportation, proof of the existence of a transportation agreement is a passenger ticket. As for the suggestion in writing this journal is to increase its ability to support its obligations as the executor of transportation, the carrier together with the community and the government must work together to realize this.
MENUMBUHKAN DAN MENGEMBANGKAN ETIKA, MORALITAS DAN SPIRITUALITAS DALAM PENEGAKAN HUKUM PAJAK Wahyudi Wahyudi
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Abstract

Justice as the essence of law is a basic spiritual need of society. Without the availability of rational and good law, a society will be sick. Law cannot be separated from the spiritual structure of society, because law is essentially a part of culture, an incarnation of the personality of society and correlates with the structure of thinking and the value base of society. In this case the law determines an act that may or may not be performed. The essence of a good law will always respond and rectify the imbalance in the implementation of obligations compared to the rights of every citizen or community group as supporters of the law. At the pre-conventional level, motivation for moral decisions comes from fear of punishment (stage 1) or from self-interest, such as meeting one's own needs (stage 2). At the conventional level, the influence of moral decisions comes from social groups so that individuals act to please or help others (stage 3) or to comply with social, legal or religious norms; also called rule-based moral reasoning (stage 4). Finally, at the postconventional level, individuals make ethical decisions based on concepts of justice such as individual rights and socially accepted standards (stage 5) or universal ethical principles as defined by the individual's conscience (stage 6).
STUDI EMPIRIS TENTANG EFEKTIVITAS PERLINDUNGAN HUKUM TERHADAP PEMBELI DALAM JUAL BELI TANAH SENGKETA DI KUPANG (Studi Kasus Tanah Di Naimata) Firgilius Kandro Mego Asman; Giovani Don Bosco Nggabut; Bendiktus Peter Lay
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Abstract

Average selling rights to land according to Regulation No. 24 of 1997 shall be evidenced by a deed made by a PPAT. Changes in this procedure does not negate the provisions of customary law governing the institution in terms of material and selling land rights. But people still buy and sell land rights under hand. One example of the results of the study authors found cases of buying and selling land rights conducted under the hand of the study sites namely residential areas in the village area Madyopuro Kedungkandang subdistrict, Malang. Sale and purchase of land rights are carried out under the hand has problems, especially for buyers who will make the process to change the name of the certificate to be registered to the Land Office of Malang. Therefore, if the sale and purchase of land rights is conducted under the hand, it can not be registered at the Land Office of Malang to be processed to change the name in the certificate Research conducted in this thesis is an empirical study using sociological juridical approach. Based on these results above regarding legal protection for the buyer to do a sale and purchase of land rights under hand it can be concluded (1) the buyer does not get the legal protection of land he had bought; (2) the buyer does not obtain legal certainty on the land he had bought; (3) the buyer does not get strong evidence right on land bought. This of course would be detrimental to the buyer who purchases land rights committed under hand. This event is expected to bring to the community, especially for the buyers when buying and selling land rights should be conducted in the presence of PPAT so get protection and legal certainty of land bought.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN MAKANAN TANPA TANGGAL KADALUARSA BERDASARKAN UUPK Larasati Azahra; Johannes Sahat Tua Siadari; Haidy Alaina Shalatin; Zulfenia Arzilla Ramadhini; Muhammad Zeta Rifqi; Adzra Alyaputri; Tania Carissa Hutabarat; Yana Dewintha; Diva Maura Marcella
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Packaged food is a very popular product in today's consumer market. However, the most important thing is to pay attention to the presence of packaged food without a clear expiration date. This raises concerns about the safety and quality of products used by consumers. The purpose of this study is to analyze consumer protection for packaged food using search terms as a reference. First, this research examines existing definitions and regulations for packaged food that does not have an expiration date. We then looked at the problems that can arise from packaged foods that do not have a clear expiration date. In addition, this study discusses various strategies that can be implemented by the government, producers and consumers to protect consumers from food packaging that does not have an expiration date. This strategy includes more regulation, tighter controls, better consumer awareness and product quality. The research method used is a normative legal approach, because it studies the provisions of laws and regulations, especially UUPK and other regulations related to them. We hope that the results of our group's research can contribute to a better understanding of consumer protection for food packaging with no expiration date. It is also expected to be able to provide effective policy recommendations to overcome this problem and increase consumer safety and confidence in the packaged food they consume.
UPAYA PENYELESAIAN SENGKETA WILAYAH DAN PENGAMANAN KAWASAN PERBATASAN MARITIM ANTARA REPUBLIK INDONESIA DAN REPUBLIK DEMOKRATIK TIMOR LESTE Noval Ardhan Djadi; Oktafyano Rudolfo Haryanto; Yohanes Arman
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Abstract

A country is recognized by having a firm and clear area or territory, the existence of a government that controls the country, and the existence of people or residents who inhabit the area and are recognized by neighboring countries that border and are accepted internationally. The border area of a country is the main capital of a country's sovereignty. Border areas often cause various problems related to regional management. There are three main problems in the management of border areas between countries, namely: Determination of boundary lines both on land and sea, Security of border areas, Development of border areas. In the border between the Republic of Indonesia and the Democratic Republic of Timor Leste, there is a border problem, namely land grabbing. The Government of the Republic of Indonesia said the issue of State boundaries is a matter of State sovereignty so that it cannot be underestimated, therefore our vigilance must be increased in order to maintain the territorial integrity of the Republic of Indonesia. Border management is not only in terms of security but must also be considered the prosperity of border areas. The purpose of this scientific paper is to determine efforts to resolve border area disputes between the Republic of Indonesia and the Democratic Republic of Timor Leste and to determine the management of maritime border area security between the Republic of Indonesia and the Democratic Republic of Timor Leste. In an effort to resolve the territorial boundary dispute, it can be seen that the dispute settlement method carried out by both parties, in this case Indonesia and Timor Leste, is to use peaceful dispute settlement, by negotiation or negotiation, the two countries negotiate and review several cooperation agreements that have been carried out. Preventive measures against real threats, unreal threats, and threat mindset on the maritime border between Indonesia and Timor Leste by carrying out Intelligence Operations in the Field of Investigation, optimizing regional or regional intelligence functions, synergy in the regions, increasing security patrols and counterintelligence by carrying out positive activities including Social Communication Development and Regional Defense Development activities to the community and students in maritime border area between Indonesia and Timor Leste.
UPAYA PEMERINTAH INDONESIA DAN AUSTRALIA DALAM PENYELESAIAN MASALAH PEMANFAATAN SUMBER DAYA LAUT DI PULAU PASIR DI TINJAU DARI HUKUM LAUT INTERNASIONAL Kristoforus Emanuel Kake; Hendrik Saputra Doko; Theresia Yovita Putri Lengari
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
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Disputes or conflicts whether private or public will lead to disagreement or understanding of the parties or other legal subjects. In international relations between countries harmony is needed in various activities, and this will not be achieved if the parties do not have good faith in resolving their disputes. Dispute resolution is therefore an important and decisive stage. When disputes occur between countries, international law plays an important role in this case sand island disputes using international law of the sea or UNCLOS. It provides guidelines, rules, and ways or methods of how a dispute can be resolved by the parties amicably. Dispute resolution efforts have become a concern for the international community, especially when facing disputes of a business nature that exceed the boundaries of a country's sovereign territory. Peaceful dispute resolution is a method that has been recognized and practiced for a long time until today. A State although subject to the obligation of peaceful settlement of disputes, it retains the authority to determine the manner or method of resolving its disputes. Its obligations remain subject to the agreement of the country concerned. From the results of the discussion, the author saw that there were several talks and meetings to solve the problem of Sand Island. Such as MOU BOX 1974 and Agreement On March 14, 1997 in Perth. agreement on the delimitation of the Exclusive Economic Zone (EEZ) and certain maritime boundaries and does not reduce the traditional rights of fishermen of Rote Island, East Nusa Tenggara. The proposed treaty would overcome maritime boundaries between Indonesia and Australia.

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