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INDONESIA
Jurnal Independent
Published by Universitas Islam Lamongan
ISSN : 27752011     EISSN : 27751090     DOI : https://doi.org/10.30736/ji.v13i2
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 212 Documents
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Application of Government Authority to the Application of Corporate Sanctions That Pay Less Attention to Labor Welfare In Indonesian Rifandhana, Raditya Feda; Ningtias, Ayu Dian
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.203

Abstract

Indonesia is a country that has a population density of 275 773.8 million people, of thetotal population density, the working population of Indonesia amounts to 8 746.01people in various fields, and their purpose of working is to fulfill a prosperous life,besides that Indonesia is a country of laws based on the Constitutions or Basic Law andLaws, so that the Law and the Basic Law (Constitutions) regulate the welfare of thepeople, The implementation of community welfare can be carried out by thegovernment which has the authority to prosper the community through the provision ofjobs through the establishment of companies in regions throughout Indonesia, theestablishment of legal companies throughout Indonesia in recruiting employees, it isnecessary to think about the welfare of both material and non-material, then thegovernment needs to make legal products, namely the Manpower Law that can meet allthe welfare of the community employee status, however, the existence of theemployment law is often ignored by the company to provide welfare for employees,and in this case there is a need for sanctions from the government to provide a deterrenteffect for companies that violate labor laws. In the idea of this research is normativejuridical research, with an
Legal Protection of Business Actors in the Concept of Business to Business Astawa, I Ketut; Saputro, Bambang
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.204

Abstract

AbstractThe purpose of this study is to examine how business actors are legally protected when conducting electronic commerce. This research uses a normative legal approach through conceptual and normative approaches, where this study is connected with relevant legal principles and laws and regulations. The nature of analytical descriptive research was used in this study. The findings of this study include legal protection in the concept of business-to-business e-commerce, including contract terms, electronic evidence, and obligations of the parties, as well as legal protection in e-commerce contracts and legal protection. In a legal setting, each party is subject to obligations and rights. Because transactions in the practice of electronic trading usually involve two parties. Every party to the transaction, including the seller and the buyer, has obligations and rights that must be exercised consciously. This is because there is no legal protection for online buying and selling transactions. The government, which acts as a regulator, is currently reviewing Law No. 19 of 2016 in the preparation of electronic information and transactions and the Consumer Protection Law.
IMPLEMENTATION OF PRO BONO IN THE ADVOCATE PROFESSION ARIFIN, SYAMSUL; SHODIQ, JA'FAR; ALBAB, ULIL
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.207

Abstract

Advocates in undergoing the litigation process get the title of officium nobile. The honourable title that advocates have is to see their role in guarding law enforcement. The expected law enforcement is the concern and role of advocates in helping underprivileged people. Legal aid to the underprivileged is known as pro bono. The study in this research uses a juridical-normative approach by referring to laws and books related to the implementation of pro bono for advocates. The process of applying for pro bono is by following the laws and regulations that have been in force in Indonesia. Adhering to Government Regulation No. 83/2008 and Law No. 16/2011.
A COMPARATIVE STUDY OF JUDICIAL RESTRAINT AND ACTIVISM ON THE MATERIAL REVIEW OF PRESIDENTIAL THRESHOLD IN THE CONSTITUTIONAL COURT NAHDLIYAH, HADZIQOTUN; SASTRADINATA, DHEVINAYASARI; WINARNO, JATMIKO; TJAHJANI, JOEJOEN; YANTO, M.
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.213

Abstract

AbstractThe doctrine of Judicial Restraint and Judicial Activism has become a debate indemocraticcountriesondecisionsrelatedtothepresidentialnominationthreshold(presidential threshold) made by the Constitutional Court. In the application of judicialrestraint, judges are more self-limiting in deciding a case and are more restrained in theirauthority, in contrast to judicial activism which is more active and brave in providing newlegal breakthroughs on the norms being tested. In this paper, the formulation of the problemto be discussed is How the Decision of the Constitutional Court Judges Applying the Doctrineof Judicial Restraint Against the Presidential Threshold Lawsuit in the Presidential Electionand the Development of Democracy in Indonesia and How the Relationship between theDecision of the Constitutional Court Judges Using the Doctrine of Judicial Activism Againstthe Presidential Threshold Lawsuit in the Presidential Election and the Development ofDemocracy in Indonesia. This paper also uses normative legal research methods, which is aprocess to analyze legal rules, legal principles and legal doctrines. The problem approach inthis writing is the statute approach and conceptual approach.
REGULATION OF FINGERPRINTING IN CRIMINAL CASES IN INDONESIA: AUTHORITIES AND LIMITATIONS SUISNO, SUISNO; ISNAINI, ENIK; ROYANI, AHMAD; ROCHMAWANTO, MUNIF; MULJONO, BAMBANG EKO
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.214

Abstract

AbstractIn the stage of the criminal case investigation process will be carried out through severalprocesses, one of which is by taking fingerprints. Fingerprints, which in English are calledfingerprints or ductyloscopy, are taken in the investigation process for further examinationof evidence that may be left at the scene of the crime. This research is a normative legalresearch that reveals two main problems, first: What is the legal basis for taking fingerprintsinrevealingcriminalacts,second,howistheauthorityofinvestigatorsintakingfingerprints to reveal criminal acts. In taking fingerprints until now there has been nospecific regulation, the name in the implementation of taking fingerprints of the Police isbased on Law Number 2 of 2002 concerning the republic police and Law Number 8 of 1981concerning criminal procedure law. And the authority of investigators in taking fingerprintsis contained in Article 15 letter h of the Law on the Indonesian National Police (Law of theRepublic of Indonesia Number 2 of 2002) Jo Article 7 paragraph 1 of the CriminalProcedure Code (KUHAP).
LEGAL RECONSTRUCTION OF CORRUPTION ACT IN INDONESIA TO. REALIZE A JUST LAW ENFORCEMENT QOHAR AF., ABDUL
Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i1.220

Abstract

Abstract In detail, the assets recovery bill provides for the confiscation of assets in terms of (1). The suspect or defendant has died, fled, is permanently ill, or his whereabouts are unknown; or (2). The defendant was released from all lawsuits. For the confiscation of assets from both of them, it can also be carried out against assets whose criminal cases cannot be tried or have been found guilty by a court that has obtained permanent legal force, and later it is found out that there are assets from the criminal activities that have not been declared confiscated. As for the confiscation of assets, it does not apply to improper assets that will be confiscated. Confiscation of Assets does not eliminate the power to prosecute the perpetrator of a criminal act. Assets confiscated based on a court decision that has obtained legal force can still be used to prosecute the perpetrator of a criminal act.
RECONTRUCTION GUARANTEE CONFISCATION AS AN ALTERNATIVE APPROACH TO MAXIMIZE THE STATE-LOSSES RECOVERY QOHAR AF, ABDUL
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.221

Abstract

Abstract In addition, the argument for violating human rights is also inappropriate to reject the idea of guarantee confiscation. The limitation of a right to law enforcement is justified by the 1945 Constitution and control of the confiscated objects is still given to the suspect. Speaking of option of legal efforts that can be accessed by the suspect, pretrial is one of the option available. Pretrial can assess the validity of the confiscation by looking at the letter of determination from the local district court and the urgency of carrying out the action. The proposed change in procedural law in handling corruption cases is actually in line with a restorative approach. This has also been pushed by the government, at least through President Joko Widodo's statement regarding the urgency of recovering state financial losses in handling corruption cases. However, changes in legislation of course do not only rely on the executive, but also on the legislative side. Up to now, th legislative products that support the agenda of eradicating corruption have not been prioritized by legislators, such as Bill on Asset Confiscation, Bill on Limitation of Currency Transactions, as well as the Revision of the Anti Corruption Law. Therefore, this study must also be followed up by the awareness from the government and the parliament about the current stagnation of law enforcement to eradicate corruption.
RECONSTRUCTION REGULATIONS OF ASSET RECOVERY IN CORRUPTION CASE TOWARDS THE STATE FINANCES AND ECONOMY RESTORATION QOHAR AF, ABDUL
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.222

Abstract

Abstract In fact, the main objective of eradicating Corruption is to reco ver state losses. One of the elements of corruption in Article 2 and Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption (UU Tipikor) is an element of state financial loss, this element has a cons equence that the eradication of corruption is not only aimed at deterring corruptors through heavy imprisonment but also restoring state finances due to corruption as emphasized in the preamble and general explanation of the Corruption Act. Failure to retu rn the proceeds of corruption can reduce the meaning of “ punishing the corruptors ” itself.
Juridical Analysis of the Effectiveness of Solid Medical Waste Management at the Health Center in Batam City Wulandari, Frisca; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.228

Abstract

Abstract An environment is a spatial unit consisting of all objects, energy sources, conditions, and living things whose behavior affects the continuity of life and human welfare and how this behavior relates to other living things. Medical waste is waste that has a greater influence on the emergence of infections because it contains pathogenic agents which have an impact on causing disease. With the problem of waste treatment, especially solid medical waste, especially during this pandemic, it is known that dealing with these problems requires a system that regulates and becomes a reference for achieving a standard of living and sustainable development. The Theory of Legal Effectiveness and Development Law Theory was used to analyze the implementation of this research. The method used in this study uses empirical juridical methods. The empirical legal research method is based on realities in the field through observations at 3 (three) Puskesmas in Batam City, namely Puskesmas Sekupang, Puskesmas Mentarau, and Puskesmas Sungai Langkai, which respectively are samples of the highest, medium and lowest total waste production within Dinas Kesehatan Kota Batam. Samples were taken by purposive sampling method.
Juridical Review of the Offense of Premeditated Murder Badaru, Baharuddin
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.230

Abstract

AbstractThis study examines the application of the judges' decision in the case in accordance with material and formal criminal law and the judge's efforts in deciding a case of premeditated murder. This research is empirical research, a legal research method that functions to see the law in a real sense and examines how the law works in society. Types of data include primary data and secondary data, using field data collection techniques and literature. The results of the study indicate that the application of material and formal criminal law to premeditated murder cases, the application of criminal provisions in this case, namely Article 340 of the Criminal Code in conjunction with Article 55 Paragraph (1) to 1 of the Criminal Code is in accordance with the legal facts, both the statements of witnesses, the defendant's statement is considered physically and mentally healthy, there is no mental disorder so that they are considered capable of being responsible for their actions. The judge's consideration in imposing criminal sanctions against the perpetrators in the decision Number: 775/Pid.B/2018/PN Mks was appropriate, namely by the fulfillment of all the elements of the articles in the indictment, as well as the witness statements which compatible with each other and supported by the judge's conviction. The recommendation of this research is that the judge should really consider the facts revealed in the Court and also the judge's conscience, not only considering things that are aggravating but also things that relieve the defendant so that the verdict handed down really gives justice to the defendant .

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