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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 225 Documents
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Enforcement of the Crime of Money Laundering in Digital Financial Transactions Ningtias, Ayu Dian; Sastradinata, Dhevi Nayasari; Isnaini, Enik; Suisno
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.v11i2.265

Abstract

Abstract These financial crimes can range from theft, fraud to taking advantage of other parties in the financial industry, for example: account theft, ATM browsing, credit card fraud, fake draws. Several cases of terrorist financing use digital payments as a means of online funding. There is also evidence that corrupt actors use digital payments to hide the proceeds of their crimes. This situation can certainly threaten economic stability and the integrity of the financial system. Therefore, a comprehensive regulatory framework through the establishment of.fintech legislation needs to be developed to maintain the integrity of digital payments and strengthen the government's regulatory function. Terrorist financing is even included in financial crimes: apart from hiding and protecting the origins of the proceeds of crime, it is also included in financial crimes in the money laundering group.
Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code Muljono, Bambang Eko; Rochmawanto, Munif; Tjahjani, Joejoen
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.v11i2.266

Abstract

Abstract As a rule of law, Indonesia has an obligation to guarantee people's welfare through law. Good legislation is legislation that has a basis or foundation called Grundnorm. Grundnorm is a foundation for forming laws that have the value of justice. Apart from that, good laws and regulations must fulfill principles and concepts, protect human rights, and must pay attention to community participation. Because the purpose of forming laws and regulations is to protect the public. This research aims to find out how good legislation is formed and how the community participates in implementing the formation of legislation. In forming laws and regulations, various aspects must be taken into account. This is so that the aim of forming legislation can be achieved and does not injure the rights of the Indonesian people. The formation of laws and regulations must be democratic, aspirational and participatory. Standard Norms and Regulations (SNP) on Human Rights is a document which is an implementable explanation of various human rights instruments, both international and national, as well as human rights norms which continue to develop dynamically, to suit the context and events, especially in Indonesia. Standard Norms and Regulations regarding the Right to Obtain Justice are expected to become references and guidelines in carrying out discussions and amendments to the Draft Criminal Code.
Basic Analysis of the Exercise of Judicial Power (Integration of Islamic Law and Positive Law) Nabilah, Wardatun; Shodiq, Ja'far; Rizal, Deri
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.279

Abstract

Abstract This study aims to see the form of integration of Risalah al-Qadha as Islamic judicial principles and the principle of administering Indonesian Judicial Authority. This study uses a qualitative method with a descriptive approach to the analysis of the documents used in the study, namely Risalah al-Qadha and Law No. 48 of 2009 regarding Judicial Authority. This study argues that Indonesia's modern judiciary has undergone a transformation. One of this is the application of normative Islamic law to positive Islamic law. The judiciary (judiciary) functions to carry out all legal provisions consequently so as to create fair laws. Similarly, the importance of sulthah qadhaiyyah (judicial institution) is a necessity and an absolute condition that must be fulfilled. The contextualization of Islamic judicial principles which is manifested in the principle of administering Indonesian Judicial Authority in the principle of a free and impartial judiciary, the judiciary is democratic and equal in law and transparent.
Legal Position On Credit Financing For Creative Economy Actors With Guaranteed Trademark Rights Certificates Hediati, Febri Noor; Kuspraningrum, Emilda; Utomo, Setiyo
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.280

Abstract

Abstract Indonesia is one of the developing countries, one of which is in the field of trade or business. In the field of trade or business such as intellectual property rights. Many creative economy business actors in the UMKM industry in Indonesia, the UMKM industry is an economic sector that directly involves the creative economy community so that it is used as a support for the country's economy. For this reason, the government passed a regulation regarding the ease of obtaining financing in the development of an intellectual property-based creative economy for business actors in the world of trade. So that in this paper examines the legal position of credit financing for creative economic actors with trademark property rights as credit collateral. So that in the future the creative economy business actors can maximise the potential by producing quality products and have economic value. This writing uses a research method with a normative juridical approach conducted by examining library materials with a doctrinal approach. The results of this study are the first to formulate the legal position on the provision of credit financing for creative economic actors with trademark property rights as credit guarantees. This is because there is economic value in almost all intellectual property rights, especially in trademark rights, and as a legal subject, creative economy owners register with the Directorate General of IPR to obtain legal protection from the government with the issuance of IPR certificates. Later the intellectual property rights certificate can be used as a form of collateral from the credit financing process in banks or non-banks. The second effort made by the government to support the development of creative economy businesses by issuing PP no. 24 of 2022 which regulates credit financing based on intellectual property rights with the guarantee of IPR certificates.
The Position of Bills Of Lading in The Carriage of Goods at Sea Andrew, Febren; Purwanto; Hediati, Febri Noor
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.284

Abstract

ABSTRACT Legal rules for the transport of goods on an international scale are contained in three international conventions, namely The,Hague-Visby,Rules,1968, The Hamburg Rules 1978, and The,Rotterdam,Rules 2008. Meanwhile, on a national scale, they are regulated in the Criminal Code. In the activity of transporting documents used is a bill of lading or bill of lading. The bill of lading document used as the basis of this research is the bill of lading owned by PT. SPIL. The purpose of this study is of course to analyze documents for transporting goods such as bills of lading and explain the implications of issuing bills of lading belonging to PT. SPIL and the position of the bill of lading in agreements for the carriage of goods at sea in relation to the legal relations governing them. In addition to the location of the bill of lading which differs from each regulation, this also affects the legal consequences of issuing a bill of lading owned by PT. SPIL when viewed from legal regulations such as the Criminal Code, Criminal Code and the three international conventions and settlement of disputes that occur in the activity of transporting goods at sea. In carrying out the issuance of bills of lading, caution, accuracy and thoroughness are required. If you are not careful in issuing a bill of lading, it can lead to confusion.
Actualization of the Government's Role in the Establishment of the Military Environment Anti-Corruption Corps Feda Rifandhana , Raditya; Angkoso Wahyono , Bambang; Ningtias , Ayu Dian; Budi Laksono , Agung; Isnawaty Sholekhah , Elok Faradina
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.296

Abstract

Abstract The military is part of a special law, so that in the Unitary State of the Republic of Indonesia, often the Military becomes its own attraction to review in terms of actualization of military criminal handling in the field of corruption in the military environment, as well as its own attraction also in the role of the government in the formation of the Anti-Corruption Corps, the government also in Article 10 of the 1945 Constitution so that it is the commander-in-chief in the Indonesian National Army, When seeing and understanding the handling of special criminal cases, namely corruption, often the independent institution of the Corruption Eradication Commission often has wrong procedures in arresting Military soldiers who commit criminal acts of corruption, in this case there needs to be attention and the latest ideas in the formation of the Anti-Corruption Corps within the Military, so that the handling of corruption cases in the military environment does not occur technical errors or errors in Authority procedures. In this study using the type of Normative Juridical research, reviewing applicable laws and regulations relevant to this research, and approaches with legal theory help complete this research.
Legal Evaluation of Womb Leases and Their Effects on a Born Child's Status Siregar, Dahris; Derianus Hia, Petrus; Hulu, Tolomano; Jaya Hia, Delipinter Pasrah; Putra Laia, Martinus Aly
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.299

Abstract

Abstract With the advancement of the times, things can develop quickly, such as the field of medicine in terms of uterine rental techniques, also known as surrogate mother. A uterus lease agreement is when the surrogate mother and a married couple agree to perform IVF (in vitro) technique, in which their sperm and ova are inserted into a tube, inserted into another woman's uterus. In order to do this, the author employs a normative legal research technique. The secondary data included in this study includes primary and secondary legal sources discovered through literature searches. The results showed that the womb lease agreement made is considered legally void, as well as affects the status of the child, which can occur in two cases: The kid born is an out-of-wedlock child if the surrogate mother is a female or widow. However, in situations where the surrogate mother is a lady who is still legally wed, so, the kid that the pair had who rents out her womb is considered their legitimate child.
Interpretation of the Constitution Regarding the Presidential Term Jaya, Hendra; Kristanto, Budi
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.300

Abstract

Abstract The limitation of the presidential term has become one of the mandates of the 1945 Constitution of the Republic of Indonesia (UUD 1945), serving as the foundation for various laws in Indonesia. The restriction on the presidential term, allowing a president to be elected for only two consecutive or non-consecutive terms, imposes additional demands on the president to build Indonesia in line with prevailing ethical standards. However, issues arose in the year 2021 when there was discourse regarding the extension of the presidential term, leading to various parties presenting arguments on the matter. Therefore, researchers intend to conduct a study to interpret the UUD 1945 regarding the limitation of the presidential term using a normative juridical method. The researchers found that the UUD 1945 concerning the limitation of the presidential term can be interpreted as a means to avoid absolute power, enhance transparency, ensure the balance of the trias politica, increase participation and dialogue with the public, and promote the president's compliance with prevailing ethical standards.
Challenges and Dynamics of Governance Law Implementation: A Critical Perspective In The Contemporary Context Yanto, M.; Royani , Ahmad; Nahdliyah , Hadziqotun; Paramartha, Meris Sabrina
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.301

Abstract

Abstract The implementation of government law in the contemporary context poses complex challenges and changing dynamics. This article outlines the diverse aspects that influence the effectiveness of governmental legal systems, as well as presents a critical perspective on addressing these challenges. Political polarization, technological advancements, and global interconnection are major factors influencing the implementation of government laws. High political polarity can hinder effective policymaking and law enforcement processes, while technological advances, such as the internet and social media, bring new challenges in regulating the behavior of people and private entities. Global interconnection complicates the implementation of governing laws because events in one country can have far-reaching repercussions in another, requiring strong international cooperation in law enforcement. Inequality of access to the justice system, high litigation costs, and lack of legal information are also obstacles to obtaining justice. Some individuals may struggle to access adequate legal aid or face financial difficulties in bearing the costs of litigation. In addition, a lack of understanding of their rights or due process can make it difficult for individuals to fight for their rights in the justice system. To address these challenges and dynamics, comprehensive strategic measures are needed, including strengthening government legal institutions, increasing transparency and accountability, using technology in law enforcement, strengthening international cooperation, and community empowerment. Thus, it is expected that the implementation of government law can be more effective and responsive to the needs of society in the complex contemporary era.
E-Consumer Privacy Policy on the Online Marketplace System khitam, Muhammad chusnul; Suisno; Nugroho, Fajar Seto; Rizkiyah, Putri Ainiyatur
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.302

Abstract

Abstract How should the protection of privacy and personal data in Indonesia be responsive to anticipate changing trends from the traditional economic era to the digital economic era? Rapidly developing information and communication technology is changing the way people run business and/or carry out transactions. Thus, transactions which are known as "e-transaction", "e-commerce" and "e-business" have emerged. Indonesia is now in the era of the digital economy. This claim is supported by the condition of Indonesian society which makes the internet and cell phones a commodity, and these commodities are used by traders and sellers to signify electronic transactions via the internet network. This requires that the laws governing these activities can follow or even anticipate developments into the Digital Economy Era.

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