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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 7 Documents
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Search results for , issue "Vol. 2 No. 1 (2023): FEBRUARI" : 7 Documents clear
PRACTICE OF BUYING AND SELLING IN AREAS PROHIBITED IN THE PERSPECTIVE OF ISLAMIC LAW Yuniartik Yuniartik
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Regional Government of Sambas Regency has arrange problem Street Vendors (PKL). In Sambas Regency Regional Regulation Number 7 of 2006 concerning “Public Order”. Perda this arrange in a manner general related controlling street vendors as well facilitate it with provide land special for trade. Though with various facility place reserved, still many offending merchant rule with sell in places “Prohibited Selling”, one of them namely in the area of Jalan Hasan Saleh, Sambas Regency. This study aims to determine how practice sell buy in a prohibited area selling for Street Vendors (PKL) by the Regional Government of Sambas Regency. Study this use method study field (field research), namely with plunge live to field for get data from parties related like street vendors, good pedestrians ever shop to street vendors, as well officer from the Department of Order as authorized party. Study this use approach juridical and normative that is use rules fiqh and law positive related with the problem under study. Based on results study that sell buy done Street vendors (PKL) on Jalan Hasan Saleh are legitimate in a manner terms and conditions sell buy in Islam. However in in practice, the street vendors selling in locations that do not allowed as the place trade. The consequences of the actions taken can bring harm to sidewalk road users and deny the public good that should be achieved from the regulations that have been formed. This is not in accordance with existing fiqh rules and violates applicable legal regulations. In addition, the practice of street vendors is not based on muamalat principles and principles, namely the principle of prioritizing obligations over rights, the principle of protecting rights, the principle of upholding the values of justice, avoiding elements of persecution and taking advantage of opportunities in adversity. Therefore, the practice of street vendors in the Hasan Saleh street area is classified as a form of work that violates the law, even though the validity of the contract does not cancel the sale and purchase agreement that occurred.
SETTLEMENT OF LAND RIGHTS CERTIFICATE CANCELLATION BASED ON IMPLEMENTATION OF COURT DECISIONS WHICH HAVE PERMANENT LEGAL ENFORCEMENT Angela Merici Intan Permatasari
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

To achieve legal certainty and legal protection of land rights, a certificate of land rights is given as proof of a person's ownership of a land and its buildings. Certificates are strong evidence, but are not absolute, meaning that at any time they can be sued by other parties through the courts, as long as it can be proven otherwise the physical data and juridical data contained therein must be accepted as correct data. The cancellation of this certificate occurs because of a defect in administrative law in its issuance, or carrying out a court decision that has permanent legal force. This cancellation aims to provide legal certainty regarding the control, ownership, use and utilization of land in Indonesia. The purpose of this study is to analyze the juridical settlement of the implementation of the cancellation of land rights certificates based on the implementation of court decisions that have permanent legal force and to examine and analyze the obstacles and solutions in implementing court decisions that have permanent legal force. This type of research is empirical legal research. The location of the research was conducted at the Land Office of Klaten Regency. The sampling technique used is the purposive sampling. Data collection techniques in this research are literature study and interviews. The results of this study are the implementation of the cancellation of a certificate that already has legal force is still carried out in accordance with the regulations that were then in effect. There were several obstacles, both from the direct applicant and from the Klaten Regency Land Office.
PEMAHAMAN DAN LEGALITAS UCAPAN TALAK OLEH MASYARAKAT BANJAR DAN MENURUT KITABUN NIKAH SYAIKH ARSYAD AL-BANJARI Sarmiji Sarmiji; M. Hanafiah; Inawati Mohammad Jainie Jarajap; Anwar Hafidzi; Abdul Hamid Karim
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Divorce in marriage is the untying of the knot that binds husband and wife in order to break and terminate their connection. However, divorce in practice contains a concept that may not be consistent with the rules of the Qur'an and Sunnah. This work employs an empirical research approach (Field research) or seeks sources of research data by conducting direct interviews with informants in the field linked to the subject under investigation. The findings of this study indicate that the Banjar community's understanding of divorce utterances is based on the meanings contained in the pronunciations spoken by husbands to their wives, namely the meanings of divorces, which are primarily based on the Syafi'iyyah school of thought and are consistent with the kitabun nikah written by Shaykh Arsyad al-Banjari about the many pronunciations and fall of divorce.
BASMALAH DALAM SURAH AL-FATIHAH VERSI QIRAAT SAB’AH DAN IMPLIKASINYA TERHADAP HUKUM 4 MAZHAB Maskanah Maskanah
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

All the companions of the Prophet agreed to write Basmalah at the beginning of the holy verses of the Qur'an. They agreed that the sentence Basmalah contained in the letter An-Naml is one of the verses of the letter. However, they have different opinions about the basmalah written at the beginning of the sura, including at the beginning of sura al fatihah. This research aims to find out the basmalah in the qiraat sab'ah version of surah al-Fatihah and its implications for the laws of the 4 schools of thought. The focus of this research is what is qiraat sab'ah? how about the basmalah in the qiraat sab'ah version of surah al-Fatihah? What are the implications of Basmalah in the qiraat sab'ah version of surah al fatihah on the laws of the 4 mazhab of thought? This research is a qualitative research using a library research approach. In exploring legal istimbath related to this research using content analysis techniques. The results of this study are that Imam Malik believes that Basmalah is not part of surah Al-Fatihah, and therefore it is not read when reading Al-Fatihah in prayer. The Hanafi school of thought and the Hanbali school of thought are of the opinion that Basmalah is recited in prayer when reading surah Al-Fatihah but not aloud. This means that those who follow the readings of Ahlu Medina, Basra and Syam, namely Imam Nafi', Ibn Amir and Abu 'Amr, reading Basmalah are not included in the Fatihah surah. Imam Syafi'i believes that Basmalah is the first verse of surah Al-Fatihah, so basmalah must be read when reading sura Al-Fatihah. This means who follows the readings of the Meccan and Kufah qiraat experts, namely Imam Ibn Katsir, Imam 'Ahim, Imam Kisa'i and Imam Hamza Basmalah included in surah Al-Fatihah.
PERLINDUNGAN HUKUM BAGI KAUM DISABILITAS DALAM PEMILU DI INDONESIA Arie Sulistyoko; Bahran Bahran; Fauziyah Hayati; Hayatun Na’imah; Anwar Hafidzi
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Like humans in general, people with disabilities also have rights in life, one of which is the right to vote. People with disabilities can also vote or participate in elections, like humans in general, people with disabilities are also entitled to get election socialization, special data collection, special polling stations, special ballots, and also have the right to get a companion. Problems begin to arise when there is no protection for people with disabilities related to secret ballots. The second is how the government's efforts to fulfill political rights for people with disabilities. The purpose of this research is to find out about legal protection for people with disabilities related to secret ballots and to find out the views of positive law and Islamic law on political rights for people with disabilities. This research is normative juridical legal research using conceptual approaches and statutory approaches. The results of this study found that the government is obliged to provide legal protection for people with disabilities in elections. The government is obliged to provide different facilities for people with disabilities related to secret ballots. Islam does not differentiate them among other humans. Because what distinguishes them is only the level of piety to God Almighty. Islam is very concerned about their rights and obligations. Legislation also regulates the protection of people with disabilities in their political rights, such as Article 28D paragraph (1) of the 1945 Constitution, Article 4 paragraph (1) of Law 8/2016 and Article 43 of Law Number 39 of 1999 concerning Human Rights.
THE ROLE OF LEGAL PHILOSOPHY IN BUILDING THE MORAL OF THE NATION'S CHILDREN Tri Madya Wianto; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Philosophy of law in the science of law is the culmination of the legal structure itself, in making legal instruments, these instruments must protect the entire Indonesian nation with the aim of underlying the moral development of the nation's children, because of the importance of morality in the life of society, nation and state in an effort to establish unity and unity. Indonesian nation. Therefore, legal philosophy expressly provides fundamental views on law, with the aim of building the morale of the nation's children so that in the future they become ethical, moral office holders and uphold the law in its implementation. In this writing, the writer uses the Theory of Justice and Human Law.
PERANAN FILSAFAT HUKUM DALAM MEWUJUDKAN KEADILAN Muh. Rizal R. Dekol; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

This paper intends to deepen the study of the role of Legal Philosophy in realizing justice. However, if there is a question of fairness, it cannot be determined what steps are used to determine whether something is fair or not. Various answers about justice are usually never or rarely satisfactory, so they continue to be debated, so it can be concluded that various formulations of justice are relative statements. This problem ultimately encourages many people to take shortcuts by leaving the formulation or justice to legislators and judges who will formulate it based on their own considerations.

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