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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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Downstreaming of Oil And Gas From Environmental Legal Aspects in Indonesia Tjahjani, Joejoen; Albab, Ulil; Aslamiyah, Sun'iya Zahrotul; Wulandari, Rosy Dwi
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.v12i1.303

Abstract

Abstract As one of the natural resources owned by the Indonesian state, oil and gas in its utilization process must comply with applicable regulations. Downstreaming of oil and gas has various benefits such as economic diversification, increased investment, and better environmental management. With a normative juridical type of research, this research discusses the regulation of oil and gas downstreaming and reviews of oil and gas downstreaming from the aspect of environmental law. Importance synchronization of various regulations regarding oil and gas downstreaming including policies related to the environment,both in its protection and management and in law enforcement, for the sake of sustainable development towardsIndonesian Energy Security Gold 2045 and Net Zero Emission 2060 which remains environmentally friendly.
Consumer Protection In Power Purchase Agreement In Standard Agreement Perspective Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Winarno, Jatmiko; Rupawanti, Nadia
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.v12i1.304

Abstract

Solar energy provides consumers with the ability to generate their own electricity, Indonesia has 0.31 GW of solar power capacity, just shy of 0.03 percent of its total solar potential. Looking forward, the country plans to add up to 4.5 GW of solar capacity by 2030 in the PLN's Electricity Business Plan (RUPTL) 2021-2030, In the power purchase agreement, the above is not clearly stated in the clauses of the agreement, so it can cause multiple interpretations. The balance of the position of the parties in the standard power purchase contract between PT. PLN (PERSERO) with customers has not yet been fully realized. This is indicated that there are still articles in the power purchase agreement between PT. PLN (PERSERO) with customers, which are articles that only prioritize the interests of PT. PLN (PERSERO), which in this case is the party making the standard agreement. The Consumer Protection Law does not regulate Standard Agreements but regulates the contents of standard agreements called Standard Clauses.
Limitation of State Control Rights over Natural Resources in Renewable Energy Management Ningtias, Ayu Dian; Rochmawanto, Munif; Isnaini, Enik; Cahyani, Nurma
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.v12i1.305

Abstract

Abstract The concept of new energy management policy and renewable energy in maintaining national energy security through the first three properties, private property, namely ownership rights held by individuals or legal entities although it does not mean that it provides private ownership rights over certain natural resources but provides opportunities for individuals to manage natural resources to get certain benefits. Second, common property, namely ownership rights held by groups or can be referred to as "customary rights" in indigenous peoples in Indonesia. Third, state property, namely the right of ownership and control over natural resources is in the hands of the state, with the instrument of "right to control the state". Through government agencies, they can manage their own natural resources as well as SOEs. States can also grant authority to individuals or business entities or cooperatives or communities to manage natural resources.
Regulates The Death Penalty Perspective From The Purpose Of Punishment As Stipulated In The Indonesian Penal Code (KUHP) Lufsiana; Setiawan Negara, Dharma; Nainggolan, Samuel Dharma Putra; Sinambela, Jamalum
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.v12i1.309

Abstract

Abstract The death penalty is the most severe type of punishment imposed on a defendant. The death penalty regulations in the New Criminal Code are different from the Criminal Code which is currently still in force. This research is normative legal research using a statutory approach and a conceptual approach regarding the Death Penalty and the Purpose of Punishment itself. This research aims to analyze the death penalty regulations in the New Criminal Code which are different from the Criminal Code which is currently still in force.
C Community Law Inclusivity in Energy Transition Regulation in Indonesia Tjahjani, Joejoen; Nugroho, Fajar Seto; Fitriana, Fatma Indah
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.362

Abstract

ABSTRACT Indonesia is currently preparing to make a transition in the energy sector, to achieve Net Zero Emission (NZE). In addition to stakeholders, regulatory support, and real action are needed. Through the G20 meeting, Indonesia is a member of the Just Energy Transition Partnerships (JETP), which subsequently forms the Comprehensive Investment and Policy Plan (CIPP). Policymakers need to develop a legal framework and provide regulatory support for handling climate change, and can ensure the legal inclusivity of affected communities. This paper aims to find out the regulations that regulate the acceleration of the energy transition in Indonesia and an analysis of the legal inclusivity of the community in the regulation of accelerating the just energy transition in Indonesia, with the type of normative juridical research and critical legal studies analysis.As a result of the analysis, the regulations that regulate the acceleration of the energy transition in Indonesia refer to Presidential Regulation No. 112 of 2022, the inclusivity of community law in the regulation of accelerating the just energy transition in Indonesia has several weaknesses, so that substantive rights and policy synchronization must be fulfilled, in order to achieve Indonesia's equitable energy security.
The Position of The People’s Representative Council in the Indonesian Constitutional System Rochmwanto, Munif; Isnaini, Enik; Hadinata, Candra Tirta
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.363

Abstract

ABSTRACT This research is based on the fact that Indonesia is a country based on law as regulated in Article 1 Paragraph (3) of the 1945 Constitution. One of the principles of the State of Law is the guarantee of human rights. As a country with people's sovereignty, the state guarantees the rights of citizens, including freedom of expression in public. This research method uses a normative legal research type, with a legislative approach and a conceptual approach. From the results of the study, it can be concluded that from the perspective of a state based on law, freedom of expression in public is a constitutional right of every Indonesian citizen and as a guarantee of protection of human rights, so that its existence is guaranteed by law. Meanwhile, from the perspective of a democratic state, freedom of expression is a form of people's sovereignty, where the people must get broad participation space in determining government policies. Therefore, the law guarantees people's freedom as a form of people's sovereignty, but the way people's aspirations are conveyed must be based on legal provisions.
Judicial Pardon as an Alternative to a Judge's Decision Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Shofa, Ahmad Faris
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.365

Abstract

ABSTRACT There is a new concept in the renewal of criminal law, namely judicial pardon, this concept is also adopted by the Dutch legal system, in simple terms where the judge can forgive the defendant who is legally and convincingly proven to have committed a criminal offense. The formulation of the problem in this study is how the legal consequences of the enactment of the principle of judicial pardon in the Criminal Code 2023. From this research, the author analyzes that the legal consequences of the enactment of the principle of judicial pardon will largely have an impact on the character and nature of Indonesian criminal justice, and also has the potential to be one of the solutions to the current overcrowding problem. But the regulation of judicial pardon is still less specific, it also needs to be regulated in the Draft of the Criminal Procedure Code, such as in the form of a judicial pardon decision, there needs to be confirmation of the terms of judicial pardon, and it is also necessary to set limits or signs in order to obtain legal certainty and later not become a rubber article or become a multi-interpretation among judges.
The Position of the Village Regulations in the Legal System in Indonesia Isnaini, Enik; M. Yanto; Ramadlan, Muhammad Andika
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.366

Abstract

ABSTRACT One of the principles of the rule of law is that governance must be based on the provisions of laws and regulations, including governance in villages must be implemented based on Village Regulations. Village Regulations are legal products in the village that are stipulated by the Village Head with the approval of the Village Consultative Body (BPD). As a legal product of the village, Village Regulations are used as the basis for organizing village governance. The type of research conducted is normative juridical with a statutory approach and a conceptual approach. The position of village regulations based on the provisions of Article 8 paragraphs (1) and (2) of Law Number 12 of 2011, is one type of statutory regulation, and its existence is recognized. And has binding legal force as long as it is ordered by higher statutory regulations or formed based on authority. The implementation of village governance must be implemented based on Village Regulations and other statutory regulations. Village regulations are formed as the basis for organizing village governance, one of which concerns the Village Revenue and Expenditure Budget (APBDes) which must be stipulated by Village Regulations. Village regulations are formed to be used as the basis for implementing development and implementing activities. others in the village so that Village Regulations exist in the implementation of village governance.
Legal Protection for Child Victims of Exploitation in Criminal Acts of Theft Royani, Achmad; Muljono, Bambang Eko; Shefirah, Renny Dea
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.367

Abstract

ABSTRACT This research is motivated by child victims of exploitation in the crime of theft. During the growth period of children, both physically and mentally, they need proper care and protection in accordance with applicable legal provisions. This type of research method uses normative juridical research using statutory approaches and conceptual approaches. From the above writing, it can be concluded that the legal protection of child victims of exploitation in the crime of theft is very important. Because children are categorized as victims of exploitation, they are used as perpetrators of theft by adults. In this case, the form of legal protection using diversionary settlement is regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System and regulated in Article 59A as intended by Article 59 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Legal Protection for the Owner of Brand Rights According to Law Number 20 / 2016 of Trademark and Geographical Indication (Trademark And Geographical Indication) Nahdliyah, Hadziqotun; Khitam, Muhammad Chusnul; Fitri, Rika Izatul
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.368

Abstract

ABSTRACT According to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, brand owners must register their brands with the Directorate General of Intellectual Property in order to maintain healthy, fair business competition and obtain legal protection. Based on the background above, the author proposes a problem formulation, namely how is the legal protection for brand rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications? This research method uses a normative legal research type, with a statute approach. The legal materials used are primary legal materials which include: Law Number 20 of 2016 concerning Trademarks and Geographical Indications and Law Number 8 of 1999 concerning Consumer Protection. From the results of the study, it can be concluded that legal protection of brand rights has been regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The law explains that brands will get their rights to obtain protection and legal certainty on the condition that the brand must be registered first. If an irresponsible party is found using another person's brand without the knowledge and permission of the original owner of the brand, then this is included in brand imitation. The parties who do this can be threatened with criminal or civil charges.

Page 18 of 22 | Total Record : 212

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