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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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Constitutionality of Appointing an Acting Governor and Mayor of the Region who comes From Active Members of the Indonesian National Army and Indonesian Police Force Fikri, Sultoni; Wibisono, Rizky Bangun
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.v11i2.231

Abstract

AbstractAppointment of acting regional heads who come from members of the Indonesian National Army and members of the National Police reaps pros and cons in the community because it is contrary to the provisions of the legislation. following the provisions of the existing laws and regulations and fulfilling the conditions specified in the Regional Head Election Law and the State Civil Apparatus Law. Second, as regulated in the Indonesian National Army Law and Indonesian Police Force Law, which are special laws for members of the Indonesian National Army and Indonesian Police Force members, the acting regional heads who will carry out their duties must resign or retire early from the military service and police service. Third, the appointment of Brigadier General Andi Chandra As'aduddin as the acting Regent of West Seram without resigning from the army service is something that is not right, related to positive law perspective. Specifically, the Indonesian National Army Law, Government Regulations PP No. 15/2001 concerning the transfer of the status of members of the Indonesian National Armed Forces and members of the State Police of the Republic of Indonesia to civil servants to occupy structural positions as amended by PP No. 4 of 2002 and lastly amended by PP No. 21 of 2002; and PP No. 1 of 2003 concerning the Dismissal of Members of the Indonesian National Police.
Legal Accountability of Medical Personnel in Installation and Removal of Ventilators in Patient Life Support Efforts in the Covid-19 Pandemic Sushanty, Vera Rimbawani
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.v11i2.232

Abstract

AbstractThis research was conducted to determine the legal basis for management in the decision-making process for installing and releasing ventilator use in critical patients during the COVID-19 pandemic. In addition, to find out the legal responsibility for installing and removing the use of ventilators in critical patients during the COVID-19 pandemic by medical personnel. The research method used is juridical normative or doctrinal legal research based on a statutory approach and a conceptual approach. This research uses legal material collection techniques based on document studies or library materials. Data collection in this research is done by analyzing it based on data, theory, and other references from the existing literature. The findings show that the legal basis of management in the decision-making process for installing and releasing the use of ventilators in critical patients during the COVID-19 pandemic refers to the provisions of Chapter 3 Articles 14 and 15 of Permenkes No. Chapter 4 Article 16 Permenkes No. 290 of 2008; and Chapter 5 Article 18 Permenkes RI Number 290 of 2008 concerning rejection of medical action, which can be done by a patient and or his / her closest family after receiving an explanation of the medical action to be performed. The legal responsibility for installing and removing ventilators for critical patients during the COVID-19 pandemic by medical personnel is based on the provisions of the Indonesian Medical Council, KODEKI, and the Medical Practice Law that medical actions are carried out without the patient's consent, so they may be subject to sanctions. 
Legal Analysis of Copyright of a Book Work Against Duplication through Photocopying Khalid, Hasbuddin
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.v11i2.233

Abstract

AbstractThe aim of the research is to find out and analyze the duplication of a book's copyrighted work with a photocopy which is contrary to the provisions of Law Number 28 of 2014 concerning Copyright. The effort to overcome this is by law enforcement in order to obtain legal protection for book copyright holders, therefore the enforcer The law must always coordinate with publishers, including elements of the Director General of Intellectual Property Rights, Department of Law and Human Rights, book publishers, even bookstores and even by involving the public so as not to give room to people who seek to profit from other people's work. 
The Sovereignty Aspects In Enactment Of The Apostille Convention In Law No.6 Of 2022 Permenkumham The Analysis Of The Notaries Role For Legalization Of Apostille Public Documents Kurniawan, Karto; Muda, Iskandar; Bakry, Mohammad Ryan
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.v11i2.234

Abstract

AbstractGlobal challenges and demands to accelerate economic development are the responsibility of the government in an effort to promote the welfare of society. This also affects the development of relations between citizens. In such a situation of the world community, the legal instruments of international treaties become sacred. The Indonesian government can bind itself to an international treaty in various ways, one of which is by accession. It is expected that an international agreement will become positive law applicable in Indonesia when the agreement applies to Indonesia. Ease of doing business as a key subject in economic development should be encouraged through various aspects of administrative procedures, one of which is the elimination of foreign public document legalization requirements. The presence of Apostille adds to the role of notary as a public official of state administration in the field of law. This research discusses the importance of Indonesia as a participant in the Apostille Convention. It is necessary to reaffirm the role of Indonesian representatives abroad for the legalization of public documents originating from abroad. There is still a need for wider socialization of Apostille legalization. Permenkum HAM Regulation Number 6 of 2022 needa to be followed up with ratification into law.
Legal Protection for Victims of Minor Crimes against Assets by Child Perpetrators in a Restorative Justice Perspective Maharani, Febrianika
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.v11i2.235

Abstract

AbstractIndonesia, as a country that upholds legal norms and human rights (HAM), has a major role in ensuring that every citizen gets protection for their rights, including the rights of victims of criminal acts. The position of victims in the criminal justice system as parties seeking justice has so far received little attention, this is a form of injustice for victims. In the event that a criminal act is committed by a child, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System provides provisions for using a restorative justice approach through diversion in its resolution, the involvement of the perpetrator and victim in the diversion process aims to produce a win-win solution in order to achieve justice for all parties. Based on this, the author feels it is necessary to study this legal issue more deeply to find a solution to the problem in order to create a sense of justice for all parties. Based on this, the author feels it is necessary to study this legal issue more deeply to find a solution to the problem in order to create a sense of justice for all parties.  
Registration of Unregistered Marriages on the Family Card from the Perspective of Soerjono Soekanto's Legal Effectiveness Theory Jamil, Faishol; Fakhruddin, Fakhruddin; Izzuddin, Ahmad
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.v11i2.236

Abstract

AbstractThis study will discuss the registration of unregistered marriages on the Family Card from the perspective of Soerjono Soekanto's legal effectiveness theory. The purpose of this study is to find out what is the legal basis for registering unregistered marriages on a family card? And how is the registration of unregistered marriages on the Family Card from the perspective of Soerjono Soekanto's theory of legal effectiveness? This research uses normative juridical research. Meanwhile, in terms of approach, the authors use the statute approach and conceptual approach. The result of this research is that the registration of unregistered marriages on the Family Card is based on Permendagri No. 108 of 2019 and Permendagri No. 109 of 2019. Meanwhile, the perspective of Soerjono Soekanto's legal effectiveness theory, in terms of legal principles, has a good goal, namely to protect children's rights and accelerate birth certificate ownership. However, the preparation of these legal principles is considered to be less than optimal because it does not meet the principles of drafting legislation so that it overlaps with other laws and regulations. This legal rule also has the potential to produce negative impacts in society, namely the increasingly widespread practice of unregistered marriages.
Reconstruction Concept of Restorative Justice in the Crime of Theft with Elderly Perpetrators in Batam Alhakim, Abdurrakhman; Hutauruk, Rufinus Hotmaulana; Azlyn, Nurul
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.v11i2.237

Abstract

AbstractRestorative justice is an alternative to solving criminal cases in which the criminal justice procedure mechanism focuses on punishment which is changed into a dialogue and mediation process involving the perpetrator, victim, family of the perpetrator/victim, and other related parties. Indeed, the issue of sanctions is a very important issue in the implementation of the content of criminal law because it is a reflection of norms and rules that contain the values of a society. In its implementation, the determination and provision of criminal sanctions based on the law prioritizes Primum Remedium rather than Ultimum Remedium. The purpose of this research is to review, analyze and reconstruct the concept of restorative justice as an alternative to the settlement of criminal acts, especially against elderly perpetrators of theft in Batam city. Based on the result of the research, there is still no special regulation related to the settlement of theft crime by the elderly in Batam City, there is still a need for the establishment of legal institutions/agencies that develop the concept of restorative justice and the lack of knowledge of the people of Batam City on the concept of restorative justice
Comparative Study of Verdicts of Code of Ethics and Criminal Verdicts against Members of the Police Who Committed Criminal Offense Ustad, Ahimzar Zulfikar; Marwiah, Siti
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.v11i2.238

Abstract

Abstract Bripda Randy is a member of the Police who, is together with his girlfriend, aborted the girlfriend's fetus. So that he was processed by the Police code of ethics and criminal law, and a code of ethics verdict was handed down first and then a criminal verdict. However, in this case, there is an inconsistency in the application of the legislation in that the criminal verdict is decided first than the code of ethics. The research aims to analyze the law enforcement of Indonesian National Police members who commit criminal acts based on the code of ethics and criminal law and a comparative study of the code of ethics decisions and criminal decisions. The type of research is normative juridical. The results of this study are that members of the National Police who commit criminal offenses are processed by the code of ethics and the general court. The decision of the Code of Ethics Commission Session Number: PUT KKEP/7/I/2022/KKEP was decided on January 27, 2022. Meanwhile, the Mojokerto District Court Decision Number: 46/Pid.B/2022/PN. Mjk was decided on April 27, 2022. This shows inconsistencies in applying laws and regulations, namely Article 12 paragraph (1) letter an of Government Regulation Number 1, the Year 2003 and Article 21 paragraph (3) letter a of Regulation of the chief of the Indonesian National PoliceNumber 14, the Year 2011. The inconsistency has violated the principle of presumption of innocence; it also has an impact on not achieving the objectives of the law, namely justice, certainty and expediency.  
Elements of Possessing and Controlling Narcotics Class I Not Plants Article 112 Paragraph (1) of Law Number 35 of 2009 Concerning Narcotics (Study of Lamongan District Court Decision Number: 221/Pid.Sus/2021/PN.Lmg) Yanto, M.; Winarno, Jatmiko; Royani, Ahmad; Maftukhah, Fina Zuhrotun
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.v11i2.239

Abstract

AbstractThe state of Indonesia is a state of law. This is stated in Article 1 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 (hereinafter referred to as the 1945 Constitution) as a result of the Third Amendment to the 1945 Constitution. The State of the Republic of Indonesian a state of law respects and protects those who are suspected or suspected of committing criminal acts by granting rights to them in an effort to prove whether the person concerned is really a criminal offender or not. Based on the elements of possessing and mastering, it can be concluded that the element of possessing Article 112 paragraph (1) of Law No. 35 of 2009 can mean that the perpetrator illegally took the item (narcotics) to be used as his possession. While the element of "control" can mean that the perpetrator may not be a narcotics but can perform other actions that show the perpetrator really has power over the item. Based on the description, the public prosecution should be able to accommodate the provisions of Article 127 paragraph (1) of Law Number 35 of 2009, so that there is an alternative charge Third to entangle the Defendant with three alternative charges, namely First: Article 114 paragraph (1), Second: Article 112 paragraph (1), and Third Article 127 paragraph (1) of Law Number 35 of 2009.
Indonesia’s Interpretation of the Convention on the Rights of Child Fatimatuzzahra, Amelia
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.v11i2.240

Abstract

AbstractThere are lots of children violence such as victims of sexual violence, victims of physical violence, and psychological disorders. Besides it can damage the growth and development of children both physically and psychologically, and the loss of their rights can lead them to acts that are against the law. In Indonesia, violations of children's rights occurred in all regions creating very alarming situations and conditions. That is why Indonesia ratified the Convention on the Rights of Child on August 25, 1990. This research used qualitative research methods with a descriptive approach. The data analysis method used by the researcher is a documentation study method where the data used are primary and secondary data. The researchers would like to analyze the legal and political interpretation of Indonesia to the Convention on the Rights of Child. The result of this research showed that Indonesia interprets the international agreement as a law that needs to be obeyed in the form of ‘Presidential Decree Number 36 of 1990’ which is felt to be effective in Indonesia rather than the form of enactment. It is evidenced by the existence of various state policies and programs in fulfilling the obligations contained in this convention. 

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