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INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 22 Documents
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Search results for , issue "Vol. 3 No. 1 (2024): FEBRUARI" : 22 Documents clear
TINDAK PIDANA ZINA MENURUT UU NO 1 TAHUN 1946, UU NO 1 TAHUN 2023 (KUHP) DAN HUKUM ISLAM Nasruddin S; Achmad Nurdaim
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

This study conducts a comparative analysis of zina offenses across the Criminal Code, both the old legislation and the recent amendments (Law No. 1 of 2023), and Islamic law. Employing a juridical normative approach, the research involves the examination of primary and secondary data, including legal literature. According to the old Criminal Code, individuals engaged in adultery while married or legally bound by marriage face a maximum penalty of nine months in prison. In the current Islamic penal code, adultery is categorized into two cases: muhsan offenders are subject to stoning to death, while ghairu muhsan offenders receive a hundred lashes and one year of exile. Notably, both the old and new Criminal Codes extend the scope to include adulterers, whether single or married. The charge for adultery in both codes remains the same, with the new code expanding the range of complainants to include in-laws, parents, and children—whereas, in the old code, only the spouse could file a complaint. Islamic Law classifies zina as a jarimah hudud, with sanctions deemed solely under Allah's jurisdiction. The current criminal sanctions in the Criminal Code are perceived as insufficiently stringent, necessitating prompt legislative revisions for more robust and deterrent measures against adulterers.
ANALISIS YURIDIS DIREKSI PERSEROAN TERBATAS YANG TIDAK MENYELENGGARAKAN RAPAT UMUM PEMEGANG SAHAM TAHUNAN BERDASARKAN PASAL 79 AYAT (1) UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Yasin Yasin; Arrisman Arrisman
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to conduct a juridical analysis of the Directors of Limited Liability Companies (PT) which do not hold Annual General Meetings of Shareholders (AGMS) in accordance with the provisions of Article 79 Paragraph (1) of Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies. This research uses normative legal research methods with a statutory approach and a conceptual approach. The results of the analysis show that failure to hold an AGMS by PT Directors can have serious legal consequences, including potential legal violations and negative impacts on the interests of shareholders. The existence of the AGMS as a shareholder control mechanism is strictly regulated in law to ensure transparency, accountability and shareholder participation in company strategic decision making. In this context, this research also identifies factors that cause the PT Board of Directors to not hold an AGMS, such as a lack of understanding of legal regulations, unsupportive internal policies, or even negligence of related parties. Therefore, efforts are needed to improve and strengthen regulations and legal awareness among business actors so that the implementation of the AGMS can be carried out effectively in accordance with the spirit of the law. In conclusion, the failure to hold an AGMS by PT Directors is a serious problem that requires legal attention and system improvements. This research contributes to understanding the impact of law and its causal factors, and emphasizes the importance of compliance with legal regulations to maintain company integrity and sustainability.
ANALISIS HUKUM PERALIHAN HAK ATAS TANAH BERSETIFIKAT HAK MILIK DENGAN SURAT DIBAWAH TANGAN (STUDI PUTUSAN NOMOR 30/PDT.G/2020/PN NABIRE) Syarif Hidayatullah Pulungan; Muhammad Yamin; Rosnidar Sembiring; Yefrizawati Yefrizawati
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Transfer of land rights is the transfer of land rights from the old right holder to the new right holder according to the provisions of the applicable laws and regulations. There are 2 (two) ways of transferring land rights, namely transfer and transfer. The transfer of rights to land that has been certified as ownership should be carried out by means of a legal act of sale and purchase carried out before a public official, namely the PPAT, which has the authority to make authentic deeds regarding land rights or ownership rights to apartment units. The transfer of land rights that have been certified as ownership through an agreement with a private letter still has legal force and can be used as evidence in court. However, it is not as strong and complete as an authentic deed made before a public official. This research method uses a Normative Juridical research type which is descriptive analytical in nature. The data source uses secondary data sources using legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials using library research data collection techniques (Library Research) and the data collection tool in this research is document study. The results of the research show that the transfer of title to land with certificate of ownership with a private letter still has valid legal force, based on the laws in force in Indonesia. Regarding land matters, there are 3 (three) forms of law that can be used as guidelines, namely the Basic Agrarian Law (UUPA), the Civil Code (KUHPerdata) and Customary Law. The transfer of land rights based on customary law is considered valid if it does not conflict with applicable laws and regulations according to the legal hierarchy. Legal protection for legal subjects who carry out legal acts of transferring title to certified land with private documents will be guaranteed and protected by the state as long as it can be proven in the judicial process. The essence of this case is that there was an unlawful act committed by one of the parties as the seller which resulted in an error which violated the statutory regulations, there was a loss experienced by the other party as the buyer of the plot of land so that the buyer was unable to carry out the process of changing the name of the a quo land. the. The legal basis is that there is an unlawful act against the conditions for the validity of an agreement written in article 1320 of the Civil Code.
PENERAPAN HUKUM PIDANA PADA KASUS PELANGGARAN LALU LINTAS YANG MENYEBABKAN KORBAN MENINGGAL DUNIA: (Studi Pada Putusan Nomor 153/Pid.Sus/2015/PN.Sda) Gerik Kaniago Pratama; Samuji Samuji
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Cases of traffic violations that resulted in the death toll have become a serious concern in the criminal legal system. This article focuses on the application of criminal law in the context, with a special analysis of the decision number 153/Pid.Sus/2015/PN.Sda. This study aims to explore and analyze the legal aspects involved in this case, as well as the impact of legal decisions on the enforcement of justice. The research method used is a normative approach to legal decisions that are relevant to the topic. Data were analyzed by considering the legal view, the argument used in the trial, as well as the legal basis underlying the judge's decision. The results of the analysis highlighted the role of criminal law in handling cases of traffic accidents resulting in death. In addition, the conclusion of this study discusses the implications of the decision on efforts to maintain justice in the legal system, as well as the potential improvement or change that can be applied in law enforcement related to similar cases in the future. In conclusion, this article provides in depth insights on the application of criminal law in the context of traffic violation cases that lead to fatal accidents, by analyzing the case study of decision number 153/Pid.Sus/2015/PN.Sda. The practical implications of this study highlighted the importance of fair and fair law enforcement in handling similar cases.
TINJAUAN YURIDIS TERHADAP PELANGGARAN MEROKOK SAAT BERKENDARA BERDASARKAN UNDANG-UNDANG NO. 22 TAHUN 2009 Widiantoro Widiantoro; Samuji Samuji
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

The aim of the research is to find out whether smoking while driving can be categorized as a traffic violation, to find out the sanctions for smoking while driving. The method uses normative juridical. The research results show that smoking while driving can be categorized as a traffic violation based on Article 283 Number 22 of 2009 concerning Road Traffic and Transportation, punishable by a maximum imprisonment of three months or a maximum fine of Rp. 750,000. Prohibiting smoking while driving violates Law no. 22 of 2009 concerning Road Traffic and Transportation because of the smoking activity of course the driver must divide his concentration and be able to be distracted, this is due to the presence of two physical activities simultaneously so that the chance of an accident occurring on the road becomes greater. Minister of Transportation Regulation No. 12 of 2019 article 6 letter c states that drivers are prohibited from smoking and carrying out other activities that disturb concentration while riding a motorbike.
ANAK ANGKAT DAN PENGATURAN WASIAT WAJIBAH: PANDANGAN KOMPILASI HUKUM ISLAM Asep Mahbub Junaedi; Adang Djumhur Salikin
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Adoption constitutes a form of familial bond without severing biological ties with the birth parents. Under the Compilation of Islamic Law (KHI), adopted children are entitled to receive up to one-third of the estate as mandatory bequest from their adoptive parents. This research evaluates the regulations concerning mandatory bequest for adopted children within the KHI framework using a normative juridical method, focusing on legislative aspects. The findings indicate that although providing legal certainty, these regulations have not entirely addressed the interests of adopted children, particularly regarding the allocation of shares. Research recommendations include enhancing legal clarity within the KHI concerning the allocation of shares to adopted children and emphasizing the importance of public awareness and governmental dissemination regarding the regulations of mandatory bequest for adopted children within the KHI, aiming to broaden the general understanding of this matter.
PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA SKIMMING (STUDI DI POLRES KUTAI KARTANEGARA) Desi Redita Sari; Rini Apriyani; Amsari Damanik
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
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Abstract

The crime of skimming is the theft of debit or credit card information by illegally copying the information on the card's magnetic stripe. In general, ATM skimming crimes are regulated in Article 362 of the Criminal Code (KUHP) and in Article 30 paragraph (1) jo Article 46 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information. This study aims to analyze law enforcement against skimming offenders in Kutai Kartanegara. The research method used is an empirical approach or socio legal research. The results showed that law enforcement against the perpetrators of skimming crimes at the Kutai Kartanegara Regional Police had not been implemented optimally. In this case, there are still many cases of skimming crimes in the last 4 years that are still in the process of investigation and investigation, so there are still few cases that reach the stage of case settlement. One of the inhibiting factors in law enforcement is the lack of understanding and caution of the public in using ATM cards in making transactions at ATM machines. Keywords: Law Enforcement, Crime, Skimming
PENEGAKAN HUKUM BAGI PENGEMUDI KENDARAAN BERMOTOR DI BAWAH UMUR TANPA SURAT IZIN MENGEMUDI DITINJAU DARI UU NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH SURABAYA PUSAT Muchammad Eko Pramono; Tuti Herningtyas
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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The purpose of this study is to discuss and analyze law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Road Traffic and Transportation in the Central Surabaya area as well as discuss and analyze obstacles in law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Traffic and Road Transport in Central Surabaya area. This research is included in normative juridical research. The results showed that law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Traffic and Road Transportation in the central Surabaya area was carried out with several efforts, namely: a) Provide an explanation that traffic regulations are important; b) Conduct traffic raids; c) Provide information or socialization.; and d) Increased technical traffic activity in the form of road repairs, or traffic signs and systems that control traffic flow. The results also showed that obstacles in law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Road Traffic and Transportation in the central Surabaya area include: limited persnonil and number of vehicles to patrol, lack of funds for operational activities, lack of socialization and public awareness about traffic signs.
PENEGAKAN HUKUM TERHADAP AKSI UNJUK RASA YANG MENIMBULKAN KERUSAKAN PADA FASILITAS UMUM Dioba Akdemart Sila Kharisudanya; Lusia Sulastri; Melanie Pita Lestari
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
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In this study, the authors used a legal sociological approach, namely an approach that seeks to study law in a social context in order to understand the phenomenon of demonstrations that cause damage to public facilities in society. First, the author conducts legal studies in a social context related to individuals and society itself. Then the author conducts an analysis of the several sources of data obtained, namely, Primary Data is data that researchers obtain directly from news of demonstrations against the Job Creation Law which took place in anarchy, Secondary Data is data obtained from library research or literature studies. This studies provides recommendations so that people with self-awareness begin to increase their knowledge about how to express opinions in public properly and what laws and sanctions can be imposed on anyone who does not express opinions in public in an orderly manner & the consequences and sanctions that ensnare the prepetrators of destroying public facilities. In conclusion, this study concludes that the causes of demonstrations that have an impact on damage to public facilites can be caused by individuals, provocateurs and surrounding circumstances. Not only that, there are three efforts that are also carried out by the authorities, namely preemptive, preventive and repressive efforts. Thus, this research is expected to contribute to new understanding and knowledge and can be used as legal development in overcoming demonstrations that damage public facilities.
PEMBERATAN SANKSI PIDANA RESTITUSI BAGI GURU SEBAGAI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL Ardy Ambarkasih; Ida Budhiati; Rachmat Kurniawan Siregar
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
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The imposition of a criminal sanction of restitution for a teacher who commits a crime of sexual violence, as in the case of Herry Wirawan, is a serious and important matter to be considered by the court. Sexual violence, especially when committed by a teacher who is supposed to be an authoritative and safe figure for his pupils, is a serious violation of trust and security. Strengthening criminal sanctions with restitution could be an appropriate step to have a significant impact on the perpetrators of sexual violence. Restitution in this context could mean giving compensation to the victim as a form of acknowledgement of the impact caused by the perpetrator's actions. These sanctions could be a form of justice for the victims and affirm that such acts are intolerable in society. However, it should also be considered that the lifting of criminal sanctions is not the only thing to be considered in dealing with such cases. The legal process must consider justice, rehabilitation, as well as preventive efforts to prevent such acts of violence from happening again in the future. In addition, the education system also needs to take measures to ensure the safety and protection of the students so that similar cases do not happen again. Any criminal act must be treated seriously and proportionately in accordance with applicable law, taking into account justice for victims, rehabilitation for perpetrators, and preventive efforts for a safer future for all parties involved.

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