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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
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMBAKARAN RUMAH DI PELABUHAN KABUPATEN PENAJAM PASER UTARA Jurniati Jurniati; Rini Apriyani; Orin Gusta Andini
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

The crime of burning a house requires law enforcement and legal accountability because it is a criminal act that violates Article 187 of the Criminal Code relating to the crime of burning a house and is the authority of law enforcement officials to enforce the law against perpetrators of house burning and is subject to punishment in accordance with the article imposed. The research approach was carried out using social and legal by conducting interviews with law enforcement officials, namely the East Kalimantan Regional Police, as well as interviews with Paser traditional heads regarding Paser traditional rituals related to house burnings that occurred in North Penajam Paser Regency, which aims to analyze two main points. The discussion is related to the law enforcement process against the perpetrators of house arson in North Penajam Paser Regency and the obstacles to law enforcement. The results of the research show that in the law enforcement process carried out by the East Kalimantan Regional Police, they were only temporarily detained and released because they were afraid it would cause bigger problems and endanger many people, therefore the East Kalimantan Regional Police carried out mediation with both parties between the Bugis and Paser traditional tribe with traditional peace rituals because it is a social conflict.
IMPLIKASI KEBIJAKAN PENGELOLAAN SUMBER DAYA ALAM TERHADAP ASPEK KEBERLANJUTAN SOSIAL DAN LINGKUNGAN Illyas Anshori; Aji Setyawan; Aulia Firdaus
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Policy is a critical role of natural resource management (SDA) in Indonesia in maintaining sustainability and balance between economic growth, social welfare and environmental conservation. Indonesia, as a country rich in natural diversity, faces serious challenges in designing adequate natural resource management policies in the contemporary era. Rapid economic growth and urbanization have increased pressure on natural resources, giving rise to conflicts between economic, social and environmental interests. This research aims to explore the implications of natural resource management policies in Indonesia on social and environmental aspects. From a social and environmental perspective, this research highlights the rights of local communities, especially indigenous groups, in the use of natural resources, as well as the importance of their participation in decision making which has implications for environmental sustainability. The research method used is a normative juridical method, by examining library materials and secondary data to analyze normative and legal aspects in natural resource management problems. This research aims to contribute to a deeper understanding of the influence of natural resource management policies on social and environmental aspects in Indonesia, as well as providing a basis for developing more effective and sustainable policies in the future.
PERDAGANGAN PAKAIAN BEKAS YANG DIIMPOR DALAM PERSPEKTIF HUKUM PIDANA Annida Fadilla Fikri
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

The prohibition of importing second-hand clothing is stipulated in several Indonesian laws and regulations. However, the imposition of a 35% import duty on used clothing in Minister of Finance Regulation No. 26/PMK.010/2022 on the Classification System of Goods and the Imposition of Import Duty Tariffs on Imported Goods creates normative conflicts. This analysis advocates for the application of lex specialis derogat legi generalis to resolve normative conflicts between Minister of Trade Regulation No. 18 of 2021 on Prohibited Export and Import Goods and Minister of Finance Regulation No. 26/PMK.010/2022. In this context, Minister of Trade Regulation No. 18 of 2021 serves as lex specialis, derived from the Trade Law as its lex generalis. As the ban on importing used clothing is not explicitly repealed in both regulations, Minister of Trade Regulation No. 18 of 2021 is deemed effective. Consequently, the regulations regarding used clothing in Minister of Finance Regulation No. 26/PMK.010/2022 will be overridden, automatically prohibiting the import of second-hand clothing in Indonesia. In the process from importing used clothing to reaching consumers, various stakeholders, including the Directorate General of Customs and Excise, freight carriers, Customs Clearance Service Business Actors (PPJK), importers, businesses, and consumers, are involved. Despite imported second-hand clothing often being the result of smuggling, not all parties can be criminally held accountable. However, accountability requirements include committing a criminal act, being capable of responsibility, demonstrating culpability, and having no justifiable reasons for pardon.
PERLINDUNGAN HUKUM TERHADAP ANAK JALANAN SEBAGAI KORBAN EKSPLOITASI EKONOMI Eka Aulia Novianti; Ida Budhiati; Diana Fitriani
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

The phenomenon of exploitation of street children, especially in Bekasi City, is a complex social problem. Living as street children is not a pleasant choice and their existence is often a problem for many parties, families, communities and countries, so it is very necessary to protect the exploitation of street children and the fulfillment of children's rights should receive serious attention. The purpose of the study was to determine the legal protection against the exploitation of street children in Bekasi City and to find out the obstacles faced regarding legal protection against the exploitation of street children in Bekasi City and their solutions. This research is sociological juridical research, namely juridical research is research that uses rules and legislation related to the problem under study, while sociological research is an approach that uses primary data with the support of secondary data. Primary data is data obtained from the community directly or obtained from law enforcement officials related to this study. Secondary data is data obtained by conducting literature research. The result of this study is that legal protection against the exploitation of street children in Bekasi City is included based on Mayor Regulation Number 1 of 2021 concerning Bekasi City Child Protection as a Legal Protection Arrangement for children victims of economic exploitation and with regulations to protect economically exploited children not balanced with the implementation of these regulations, So it is very possible that there are many problems that arise in these street children that cannot be resolved by law enforcement officials.
PERTANGGUNG JAWABAN PIDANA PELAKU AKTIF TINDAK PIDANA PENCUCIAN UANG DALAM HAL PENGEMBALIAN ASET HASIL KORUPSI Salman Alfarizi Antas; Dwi Andayani Budisetyowati; Diana Fitriana
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

In this study, it aims to analyze a criminal act of money laundering committed by active actors in terms of returning assets resulting from corruption, the process of money laundering carried out by active actors causes something that is very detrimental to the state and bureaucracy. Money laundering is a follow-up crime in which a crime that participates in corruption which is an extra ordinary crime. The research method used is a normative research method with a statutory approach and a case approach. The types and sources of legal materials used are primary, secondary, and tertiary materials using the collection of legal materials. The theoretical framework in this study uses the theory of legal certainty, law enforcement theory, and corruption theory. The conceptual framework in this study uses criminal responsibility of active actors, money laundering, and return of assets resulting from corruption. The results of the research obtained in the conclusions and suggestions of this study are that money laundering is an act that deviates from legal norms and also violates the rules of the law that has been written. And the form of criminal responsibility is that the perpetrators of the crime of laundering must be held accountable for their actions by carrying out the punishment that has been set. The government and law enforcement officials can make a policy that is contained in a form of legislation by prioritizing the effectiveness of the legal product and accompanied by a good legal structure and culture to be able to prevent and eradicate money laundering.
PERTANGGUNGJAWABAN PIDANA DALAM KASUS PEMBUNUHAN BERENCANA ATAS PERINTAH ATASAN Muhamad Indra Aryan; Edi Saputra Hasibuan; Rabiah Al Adawiah
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

In this study, it aims to examine a criminal act of premeditated murder that occurs when a superior orders his members to commit a criminal act of premeditated murder that occurs in the State Civil Apparatus of the Republic of Indonesia. The research method used is the Normative research method by approaching the Legislation and the case approach. Types and sources of legal materials used use primary, secondary, tertiary materials by collecting legal materials. The theoretical framework in this research uses the theory of legal certainty, law enforcement, and the crime of murder. The conceptual framework in this study uses criminal liability, premeditated murder, and abuse of authority. The results obtained in the conclusions and suggestions of this research, conclude that the sentencing of this case is in accordance with legal certainty which refers to positive law, facts, reality. The judges of the district court have considered the defendant with several considerations so that the death penalty can be imposed by referring to juridical considerations and aggravating circumstances, and the Supreme Court judges have mitigated by focusing on mitigating and non-juridical matters. Considering that the District Court Panel and the Cassation Panel must weigh and decide the decision fairly, wisely, and impartially as stated in Law No. 48 of 2009 concerning Judicial Power.
TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN ATAS PERLINDUNGAN BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN DAN UNDANG-UNDANG BPOM Ramadhan Sadam Husein; M Sifa Fauzi Yulianis
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

The purpose of this study is to discuss and analyze the form of consumer protection based on Law Number 8 of 1999 concerning Consumer Protection and discuss and analyze the form of consumer protection based on the BPOM Law. This research is included in normative juridical research. The results showed that the form of consumer protection based on Law Number 8 of 1999 concerning Consumer Protection consists of protection against the possibility of goods handed over to consumers not in accordance with what has been agreed with consumers and protection for consumers who get unfair conditions. The results of the study also show that there are many forms of consumer protection based on the BPOM Law, including socialization to the community, providing guidance to the community as business actors and consumers, direct inspection of food and beverage products in shopping center facilities from the BPOM team, supervision of direct coaching and inspection held by the BPOM team in food product circulation facilities.
LEGAL ANALYSIS OF BUYING AND SELLING DROPSHIP SYSTEM GRAIN IN MADIUN REGENCY: (Verdict Study PN: No. 128/Pid.B/2022/PN Mjy) Andika Risa Kurniawan; Haniyah
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

In the dropship system, sales have many advantages and disadvantages in buying and selling transactions. In buying and selling, the drop ship system also causes legal problems, namely dishonest sellers, sellers who do not send goods, drop shippers who do not pay off debts to suppliers for various reasons, inaccuracy in delivery times that are as agreed, and so on. Therefore, the author tries to understand and conduct a legal analysis of grain sales with a drop-ship system in Madiun. In this case, the dropship perpetrator did not pay off the grain purchase payment to the supplier, and the perpetrator ran away. Meanwhile, the buyers have paid off the fee for grain purchases to dropship actors. This study aims to determine the dropship system for grain sales in Madiun as well as preventive actions from the Madiun Police against the sale and purchase of grain dropship system in Madiun and analyse cases of fraud and embezzlement of the grain dropship system with PN Decision Study: No 128/Pid.B/2022/PN Mjy. This research is included in normative legal research type research, with research legal sources obtained from the 1945 Constitution, Criminal Code, legal research reports and so on. Based on the results of the study, it can be concluded that the existing grain dropship buying and selling system in the city of Madiun still needs to be improved in this system. Moreover, there needs to be further law enforcement related to selling dropship system grain.
DISPARITAS PUTUSAN HAKIM DALAM PERKARA PERBUATAN MELAWAN HUKUM TERHADAP PEMBATALAN PERJANJIAN SEWA-MENYEWA SECARA SEPIHAK Nur Hidayatullah; Nur Arifudin; Amsari Damanik
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Unilateral cancellation of the agreement before the end of the agreement period is categorized as unlawful. In some cases of unilateral cancellation of lease agreements submitted to the District Court, there are differences in legal considerations by the Panel of Judges in interpreting elements of unlawful acts in unilaterally canceling agreements resulting in disparity in decisions. The research method used is doctrinal research based on a legal issue that is examined in several District Court decisions with a statutory approach and relevant legal theories. The results showed that the disparity in judges' decisions in Decision Number 760/Pdt.G/2017/PN.Dps, Decision Number 404/Pdt.G/2019/PN.Bdg, and Decision Number 196/Pdt.G/2020/PN. Jkt.Sel in its legal consideration, the Panel of Judges considered that not all unilateral cancellation of agreements can be categorized as unlawful acts based on certain things that prove that there is strong evidence and clear reasons for one party to cancel the lease agreement unilaterally. Efforts to minimize the disparity of the three decisions are the establishment of a more specific agreement clause that regulates provisions related to matters that cause the cancellation of the lease agreement, the Panel of Judges is more optimal in assessing the facts revealed in the trial, the use of jurisprudence and improving guidance and evaluation for judges by the Supreme Court.
PENEGAKAN HUKUM TERHADAP KEKERASAN SEKSUAL TERHADAP ANAK MENURUT UNDANG-UNDANG NO.35 TAHUN 2014 (STUDI KASUS POLRES BANGKALAN) Chandra Anggara Putra; Haniyah Haniyah
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Sexual violence against children is a serious problem that requires effective legal treatment. This study aims to analyze law enforcement against sexual violence against children based on Law No. 35 of 2014 in the jurisdiction of Bangkalan Police Station This study uses a type of empirical legal approach. Data is obtained by examination of case files, and analysis of related documents. The results showed that the Bangkalan Regional Police has made maximum efforts in law enforcement against sexual violence against children. Factors such as lack of public awareness, limited resources, and legal constraints are still challenges in handling this case. However, there have been improvements in coordination between law enforcement agencies, strengthening aspects of child protection, and adoption of technology in investigations. The conclusion of this study is the need for increased cooperation between authorities, communities, and child protection agencies to ensure more effective law enforcement. Prevention and education efforts need to be increased to address the root causes of sexual violence against children. The implications of these findings can be used as a basis for relevant parties in designing more effective and sustainable policies to protect children from sexual violence.

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