Jurnal Independent
The Jurnal Independet is a peer-reviewed academic journal focusing on the development of legal studies and practices in national and international contexts. It publishes scholarly articles, research findings, case studies, and critical analyses covering various fields of law, including constitutional law, criminal law, civil law, administrative law, international law, human rights, and legal philosophy. This journal seeks to provide a platform for academics, legal practitioners, policymakers, and students to exchange ideas, foster dialogue, and contribute to the advancement of legal knowledge. With an interdisciplinary approach, the journal emphasizes both theoretical perspectives and practical implications in addressing contemporary legal challenges. The journal is published [periodically—e.g., twice a year/quarterly] and welcomes submissions in English and Bahasa Indonesia, ensuring accessibility to a wide range of readers. Its mission is to strengthen legal scholarship and support the development of just and sustainable legal systems.
Articles
212 Documents
<![CDATA[JURIDICAL ANALYSIS OF TAX CRIME (Case Study Judgment No : 268/Pid.B/2020/PN.SBY) ]]>
<![CDATA[Asep Rosyidin Kanny]]>;
<![CDATA[Vera Rimbawani Sushanty]]>
<![CDATA[ Jurnal Independent Vol 10, No 1 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.155
<![CDATA[Abstract Taxes are the main source of national revenue, with a portion of approximately 83% of the total sources of national revenue for the Republic of Indonesia. No one is really willing to pay taxes, especially because the taxpayers receive no direct counter compensation for spending their money to pay the tax. So it is necessary to enforce the criminal tax law so that taxpayers are obedient in fulfilling their tax obligations. Tax crime are regulated in the Act on General Provisions and Tax Procedures.]]>
<![CDATA[THE DEVELOPMENT OF RESPECT AND PROTECTION OF HUMAN DIGNITY IN HUMAN RIGHTS LAW IN EMERGENCY SITUATIONS IN INTERNATIONAL LAW AND THEIR LINK WITH TRADITIONAL VALUES IN INDONESIA ]]>
<![CDATA[Arief Fahmi Lubis]]>
<![CDATA[ Jurnal Independent Vol 10, No 1 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.156
<![CDATA[AbstractIn the context of an emergency situation such as a social conflict or war, such respect and protection must also be extended to those who are on the opposite side of us. The concept of respecting and protecting human dignity is an idea that has existed for a long time and has become an integral part of human civilization to show that the concept of respecting and protecting human dignity is universal. local customs and wisdom.This research problemon how the development of respect and protection of human dignity in emergency situations in international law and how the efforts of the International Committee of the Red Cross (ICRC) in seeking international law affinity in the above context with customary values.Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study indicate thatFirst, Over time, the concept of respecting and protecting human dignity has also become an inseparable part of international law, Second, that the concept of respecting and protecting human dignity is an idea that has existed for a long time and has become an integral part of human civilization, Third, each regulation, which is developed in a simple manner, will be complemented by relevant religious customs and norms that are present in various forms in Indonesia where there is a wealth of relevant local traditions, known as adat originating from a rich cultural heritage and diverse influences.]]>
<![CDATA[LEGAL PROTECTION OF CITIZENS' HEALTH RIGHTS COUNTRIES AFFECTED ON MEDICAL WASTE DISPOSAL COVID-19 ]]>
<![CDATA[Dwiky Maulana Akbar]]>;
<![CDATA[Nouratama Anugerah Nandiyani]]>;
<![CDATA[Muhammad Hafidz Rafiansyah]]>
<![CDATA[ Jurnal Independent Vol 10, No 1 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.154
<![CDATA[Abstract Every citizen has the right to health and a good environment. The increasing medical waste during the pandemic becomes the government's responsibility in such waste management. However, in practice, medical waste handling cannot be properly resolved. It is detrimental to residents, especially those who live around medical waste disposal. The government has the authority and responsibility to protect, respect, and provide benefits to its citizens. This study was conducted by analyzing the legal norms in the applicable laws and regulations, which was related to the existence of the legal issues that will be examined in the study. From this study, it can be concluded that the government contributes to medical waste management and the right to a good and healthy environment according to the constitution's mandate.]]>
<![CDATA[IMPLEMENTATION OF CRIMINAL PUNISHMENTS FOR POLITICAL PARTIES ]]>
<![CDATA[RIFANDHANA, RADITYA FEDA]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i1.165
<![CDATA[Abstract Indonesia is a state of law, the law consists of general and special laws, so the law is used for a deterrent effect for those who violate the law, for special laws, the punishment is heavier because it is related to corruption, the corruption that can be related to political parties. In this writing, normative research is used, namely reviewing the legislation. so that normative research can help complete this research, and can find out the application of criminal penalties for corruption for political parties, so that corruption can be prevented and eradicated from political parties.]]>
<![CDATA[PHENOMENOLOGY OF MERLEAU-PONTY PERCEPTION FOR THE EXPERIENCE OF SEXUAL VIOLENCE SURVIVORS ]]>
<![CDATA[TRIGUSWINRI, KRISNALDO]]>;
<![CDATA[HADITA, CYNTHIA]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i1.166
<![CDATA[If perception is the point of the human experience, then bodily experience is where the perception begins. The perception shows that human is global: being-in-the-world. By understanding perception as the intensity of our entire way of being in this world, the human body must be understood as body-subject and not body-object. In his philosophical thinking, Merleau-Ponty defines the human body not against inanimate things or objects in the world, but as a living body. Due to it being alive and containing intelligence, our bodies interact actively and intelligently with their environment. Therefore, the writer wants to see the intersection between perceptions, body subjects, and bodily experiences of survivors of sexual violence. This study used an approach with the data collection techniques in the form of literature. Through the rigidity in conducting the analysis, the writer found the problem of sexual violence parallels with the concept of perception and bodily experience that was encouraged by Merleau-Ponty.]]>
<![CDATA[The Role of Correction Center (Bapas) Accepting Children In Conflict With The Law (Study on Class II Penitentiary Office in Bojonegoro) ]]>
<![CDATA[PURWANTO, GUNAWAN HADI]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.179
<![CDATA[ABSTRAKChildren are an integral part of human survival and the survival of a nation and state.In the Indonesian Constitution, children have a strategic role which is expressly stated that thestate guarantees the right of every child to save life, grow and develop as well as protectionfrom violence and violence. Therefore, the best interests for children should be internalized asthe best interests for sustaining human life. Children in conflict with the law, hereinafterreferred to as children, are children who are 12 (twelve) years old but not yet 18 (eighteen)years old who are suspected of committing a crime. Of course the handling of children who areperpetrators of criminal acts must receive special treatment and handling from relatedinstitutions, in this case the Correctional Institutions (BAPAS) as stipulated in Law Number 11of 2012 concerning the Juvenile Criminal Justice System and Government Regulation of theRepublic of Indonesia Number 65 of 2015 concerning Guidelines for the Implementation ofDiversion and Handling of Children Who Are Not Yet 12 (Twelve) Years Old In the case ofchildren who are not yet 12 (twelve) years old, along with technical regulations from therelevant ministries.Keywords: Role, Correctional Center, Children in Legal Conflict]]>
<![CDATA[Legal Protection and Liability of Business Actors for Lost Packages in Freight Forwarding Services Through PT. JNE Kediri Region ]]>
<![CDATA[MA'RUF, ALI]]>;
<![CDATA[SUSHANTY, VERA RIMBAWANI]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.175
<![CDATA[AbstractIn the current digital era, a business that has a good opportunity is the field of expeditionservices. PT. Tiki Lintas Nugraha Ekakurir (JNE) is a privately owned freight forwardingcompany that has many customers. There is a relationship between the delivery serviceprovider and the service user, sometimes there are problems such as loss of goods experiencedby consumers. As a result, consumers do not get their rights, namely the package sent to thedestination. With this, legal protection and the responsibility of business actors are needed toconsumers as users of expedition services.The research method used in solving this problem is normative empirical research. Bymaking direct observations of the liability of service providers and legal protection forconsumers for the loss of goods with a case study at PT. JNE Kediri branch. The statuteapproach is used to obtain legal rules that guarantee legal protection for consumers at PT. JNEKediri.Based on the legal rules for consumer protection written in the Criminal Code, theCommercial Code, the Postal Law and the Consumer Protection Law, it is stated that businessactors have an obligation to maintain the security of packages during the delivery process totheir destination. If the package is lost, the business actor is obliged to compensate theconsumer for the loss. Compensation given by replacing according to the lost package or in theform of money whose nominal value is the same as the lost package. PT. JNE Kediri prioritizesthe interests of consumers, especially in the case of lost packages and seeks a family settlementby taking the negotiation route. As a business actor PT. JNE is obliged to bear the loss of thepackage due to negligence or error by providing compensation in the form of compensation upto 10 times the value of the shipping cost if the package is not insured.]]>
<![CDATA[UNIVERSITAS 17 AGUSTUS 1945 SURABAYA ]]>
<![CDATA[SABINA, VINA]]>;
<![CDATA[AFIFAH, WIWIK]]>;
<![CDATA[FIKRI, SULTON]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.176
<![CDATA[AbstractThe purpose of this research is to find out the Termination of Employment by analyzing it usingthe perspective of human rights. This study uses a normative juridical method. The approachused is the statutory approach. The result is that since the existence of the COVID-19 pandemicit has had a negative impact because it has affected the economy which has threatened the lifeof the nation and state, and not many countries in the world have been able to survive. Indonesiahas experienced imbalances in various fields and living arrangements, especially in theeconomic sector which has resulted in decreased income of economic actors and led toinequalities in society such as layoffs, due to the many losses experienced by companiesranging from operating restrictions, decreased income and even many companies or mediumto lower businesses that have experienced a decrease in income so that it can be said to bebankrupt. This resulted in the company being forced to lay off employees because they wereno longer able to pay employee wages. The large number of workers who are laid off or affectedby layoffs affects the increase in the number of unemployed in Indonesia. Even though thereare provisions regarding layoffs, many companies that lay off their employees do not provideseverance pay as stipulated. The problem is that mass layoffs without severance pay are a formof human rights violation.]]>
<![CDATA[EVALUATION OF THE APPLICABILITY OF INDONESIAN CRIMINAL PROCEDURE CODE ]]>
<![CDATA[ROYANI, ACHMAD]]>;
<![CDATA[ISNAINI, ENIK]]>;
<![CDATA[WINARNO, JATMIKO]]>
<![CDATA[ Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v10i2.178
<![CDATA[AbstractionEven though it was promulgated more than 40 years ago, the Criminal Procedure Code(KUHAP) is still the main reference for the operationalization of the criminal justice systemin Indonesia. During the same period, the practice of criminal procedural law developed sorapidly and slowly revealed imperfections in the basic building and design of the criminaljustice system regulated in the Criminal Procedure Code. The Criminal Procedure Codeaudit was prepared with the aim of providing a complete portrait of the problematicIndonesian criminal procedural law based on factual evidence in judicial practice. In the firstpart, the context of the analysis is aimed at regulatory gaps and deviations shown at theimplementation level. The basic assumptions built regarding the integrity and integration ofthe Indonesian criminal justice system are tested by basing them on empirical research andobservation, including an in-depth review of court decisions. This research also records thecurrent dynamics of criminal procedural law which are translated, formed, and reinterpretedby the courts, including through cases tried by the Supreme Court and the ConstitutionalCourt.]]>
<![CDATA[CONSIDERATION OF THE JUDGE DECISION, CASE NUMBER:373/PID.B/2020/PN.PDG CONCERNING FORCED DEFENSE VIEWED FROM THE ASPECT OF JUSTICE ]]>
<![CDATA[Gadi, Dionisius Pani]]>;
<![CDATA[Soerodjo, Irawan]]>
<![CDATA[ Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent ]]>
Publisher : <![CDATA[Universitas Islam Lamongan ]]>
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DOI: 10.30736/ji.v11i1.196
<![CDATA[Perpetrators of Persecution Causing Death Are A Criminal Act As Stipulated In The Statutory Regulations. In writing, the author conducts research regarding a decision, namely Decision Number 373/Pid.B/2020/PN.Pdg where this decision has caused the death of the victim which was carried out by a security guard at Teluk Bayur Padang Port. This act was triggered by an attack that was previously carried out by the victim against the witness and the defendant,resulting in a forced defense that exceeded the limit or noodweer excess due to severe mental turmoil as stipulated in Article 49 paragraph (2) of the Criminal Code. The formulation of the problems discussed in this thesis are: 1) How is the judge, s consideration of the criminal act of persecution resulting in death due to forced defense that exceeds the limit (Noodweer Exces) based on Decision No. 373/Pid.B/2020/PN.Pdg? 2) How is the application of Article 49 paragraph (2) of the Criminal Code as an Excuse in criminal liability in Decision No.373/Pid.B/2020/PN.Pdg The research method used by the author is a normative juridical method. From the results of this study, the authors draw conclusions 1) The Basis for Considerations of Judges in Deciding Cases for the Crime of Persecution which causes death is not in accordance with the Laws and Regulations in Decision Number: 373/Pid.B/2020/PN Pdg based on 2 (two) types of considerations, namely juridical considerations and non-juridical considerations. Juridical considerations are judges; considerations based on the factors revealed in the trial and by law have been determined as matters that must be included in the trial. Non- juridical considerations are circumstances related to the defendant himself such as the defendant background in committing a crime, the impact of the defendants actions, and the defendant’s condition. In imposing criminal sanctions in cases of maltreatment that causes death not in accordance with statutory regulations, judges should pay more attention to andconsider the applicable statutory provisions by taking into account the condition of the accused and applying Article 49 paragraph (2) of the Criminal Code in that case. 2) The application of Article 49 paragraph (2) of the Criminal Code as a reason for forgiveness in criminal liability in decision Number 373/Pid.B/2020/PN.Pdg can be said to not exist, even though the defendant committed the crime because he felt his life was threatened which resulted in the defendant’ s condition was messed up so he committed the crime.Keywords: Reasons For Forgiveness, Noodweer Excess, Persecution Causing Death]]>
