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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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Legal Protection For Users of Illegal Online Loan Services Regarding Personal Data Confidentiality Nugroho, Fajar Seto; Ningtias, Ayu Dian; Bagaskara, M. Reza Satya
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.323

Abstract

ABSTRACT This research is based on the fact that globalization has driven the development of information and communication technology, which in turn has changed people's lifestyles and various aspects of life, including the economy. The transition from a traditional manufacturing-based economy to a digital economy based on information technology and creativity is known as the creative economy. However, information technology also brings challenges, such as data security issues in online loans. Fintech (financial technology) has become a significant innovation in the financial sector, facilitating financial transactions through services such as e-commerce and online loans. The method in this research is to use the Normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. From the results of the study, it can be concluded that: The government has made efforts to provide legal protection against possible crimes that occur to consumers of illegal online loans through preventive and repressive actions. Preventive actions are carried out through the Electronic Information and Transactions Law (ITE), Law Number 27 of 2022, concerning Personal Data Protection (PDP Law), and the role of the Financial Services Authority (OJK) in supervising the circulation of online loan services. Repressive legal protection is implemented through Article 2 Paragraph 1 and Article 15 Paragraph 2 of the PDP Law, Law Number 11 of 2008 Article 26 Paragraph 1 concerning the ITE Law, and other laws that stipulate sanctions such as fines, imprisonment, and other additional penalties. Law enforcement against perpetrators of personal data abuse in the context of illegal online loans includes two main approaches, judicial and non-judicial legal efforts. Judicial legal efforts involve the court process to resolve disputes after violations and unlawful acts occur based on the PDP Law, the ITE Law, and Article 368 of the Criminal Code. Meanwhile, non-judicial legal efforts involve complaints to relevant institutions, such as the OJK, Kominfo, and the Police, which have a role in supervising, imposing administrative sanctions, and conducting investigations into these violations. This approach emphasizes the importance of cooperation between various institutions to ensure effective law enforcement against illegal practices in the online lending sector.
Accountability of Village Head's in The Use Allocation of Village Fund Nahdliyah, Hadziqotun; khitam, Muhammad chusnul; Priyadi, Ferdhi Riski
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.324

Abstract

ABSTRACT The management of village funds needs to be assisted so that they are used according to the rules. The problem formulation is: What is the Accountability of the Village Head in Using the Village Fund Allocation? Management of Village Fund Allocations is regulated in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages. The realization of the Implementation of Village Fund Allocations is reported in each fiscal year no later than 3 (three) months after the fiscal year ends along with the APBDesa Accountability to the Regent through the Subdistrict Head. Apart from the administration and implementation aspect, there is criminal legal liability in the management of Village Fund Allocations related to misuse of Village Fund Allocations by the Village Head, which can occur because of not following the Budget Plan or because of the Village Head's behavior and lifestyle which causes state losses.
Age Limit For Presidential and Vice Presidential Candidates in the Constitutional Court Decision Number 90/PUU-XXI/2023; A Legal Approach Rochmawanto, Munif; Suisno; Sakuroikan, Zainal Hamdan
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.328

Abstract

ABSTRACT The Constitutional Court decision Number 90/PUU-XXI/2023 has sparked controversy. The reason is, many parties are linking this decision with the son of the President of the Republic of Indonesia who will be a Presidential Candidate in 2024, namely Gibran Raka Bumingraka, who is still under 40 years old. As for the discussion of this research, the researcher focuses on discussing the considerations of Constitutional Court judges in decision Number 90/PUU-XXI/2023 regarding the age limit for Presidential-Vice Presidential Candidates, and how the juridical review of the considerations of Constitutional Court judges in decision Number 90/PUU-XXI/2023 regarding the age limit for presidential and vice presidential candidates. The type of research in writing this thesis is normative legal research, with a statutory approach (statue approach). The results of this research are as follows; First, in consideration of the Constitutional Court decision Number 90/PUU-XXI/2023 there are different reasons (concurring opinion) from 2 (two) Constitutional judges, namely; Constitutional Justice Enny Nurbaningsih and Constitutional Justice Daniel Yusmic P. Foekh, and there are also different opinions (dissenting opinion) of 4 (four) Constitutional Justices, namely; Constitutional Justice Wahiduddin Adams, Constitutional Justice Saldi Isra, Constitutional Justice Arief Hidayat, and Constitutional Justice Suhartoyo. Second, the decision of the Constitutional Court Number 90/PUU-XXI/2023 is not in line with Article 51 Paragraph (3) letter b of Law Number 24 of 2003 concerning the Constitutional Court, which regulates the material review of the content of paragraphs, articles and/or Parts of the Law that are deemed to be in conflict with the 1945 Constitution may be requested to be declared as having no legal binding force.
Legal Liability for Use of Electric Mouse Traps Causing Death Isnaini, Enik; Royani, Ahmad; Manggala Putera, M. Yuda
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.329

Abstract

ABSTRACT In criminal law, offenses are divided into two, namely culpa (negligence) and dolus (intentional) offenses. The number of cases of death resulting from the installation of electrified rat traps that have occurred recently is due to the farmers' lack of awareness of the risks that can occur. This is a criminal act of negligence, in which the perpetrator causes the loss of life of another person. The provisions regarding the criminal offense of negligence that causes death are regulated in Article 359 of the Criminal Code. The installation of electric current that results in the loss of life of another person can be classified as a criminal act of negligence, where due to negligence the perpetrator electrified his rice field fence with high-voltage electric current resulting in the death of a person. Based on this background, the author proposes the formulation of the problem, namely the first is how the regulation of criminal acts of negligence according to the Criminal Code ?. And the second is how the legal sanctions against the perpetrators of the use of electrified rat traps that cause the victim to die ?. This research method uses normative juridical research type, with statutory approach (statue approach) and concept approach (concep) of law. From the results of the study it can be concluded that the Pengalturaln tindalk pidalnal keallpalaln according to the Criminal Code is dialtur dallalm palsall 359 Dimalnal dalpalt dipidalnalnyal oralng yalalebalbkaln maltinyal oralng lalin kalrenal kesallalhalnyal altalu keallpalalnyal. The legal sanction against the perpetrators of the use of electric rat traps is set forth in Article 50 paragraph (1) of Law No. 30 of 2009 Concerning Electricity is punishable by a maximum imprisonment of 10 (ten) years and a maximum fine of Rp.500,000,000.00 (five hundred million rupials). The falsification of electric current which results in the downtime of traffic in the dalpalt is classified as one of the acts of pidalnal negligence. The punishment for the use of electric rat traps that caused the death of a jugal victim has been regulated in several articles of Article 359 of the Criminal Code with a penalty of imprisonment of at least one year and a penalty of imprisonment of at least one year. Thus it is hoped that the importance of awareness of the applicable legal regulations in order to create a safe and peaceful environment which is the goal of the law itself.
Legal Provisions for Settlement of Plagiarism of Digital Fiction Works Shodiq, Ja'far; Suisno; Winanda, Susi
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.330

Abstract

ABSTRACT Advances in technology and information have a significant impact on the world of writing. The existence of digital platforms makes the world of writing easier to access and enjoy. The convenience felt has positive and negative impacts. The positive impact is that writers can share with other writers to obtain contemporary and modern works. The negative impact is that the vastness of the digital era makes the work that has been produced vulnerable to plagiarism. Plagiarists will find it very easy to copy and paste the work and re-upload the work as if it were the result of the perpetrator's own thoughts. This research is a normative legal research, with a statute approach and a concept approach. The legal materials used are primary legal materials in the form of Laws and Regulations in force in Indonesia. The results of the study can be concluded that: first, Legal provisions for perpetrators of plagiarism of fictional works on digital platforms can be resolved through the courts and outside the courts. Settlement of plagiarism disputes through the courts can be resolved in commercial courts, district courts and administratively. Settlement of plagiarism disputes that are resolved outside the court can be through negotiation, mediation, conciliation and arbitration
Legal Review of Consumer Protection Against Ilegal Internet Network Providers Nahdliyah, Hadziqotun; Isnaini, Enik; Anwar, Ahmad Brain
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.332

Abstract

ABSTRACT The development of technology that almost all require Internet access. The Internet plays an important role in the globalization process. With business opportunities, there are some internet network providers who run their businesses without paying attention to applicable regulations so that in the future it can cause losses that have an impact on internet network consumers who have subscribed to the internet network business actors. The formulation of the problem in this study is: How is the legal protection of consumers as victims of illegal internet network providers. This research method uses a normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that before subscribing to an internet network, prospective customers must know the regulations that have been regulated in Law Number 8 of 1999 concerning Consumer Protection in order to minimize losses, in the law it has been regulated regarding consumer rights and obligations. Internet network consumers who are negatively impacted by illegal internet network providers have the right to protection such as access to information and assistance, the right to compensation, law enforcement, and prevention of violations that may occur in the future.
Review of the BPHTB Collection System in the Transfer of Land and or Building Rights according to Lamongan Regency Regulation No. 10 of 2023 concerning Regional Taxes Muljono, Bambang Eko; Royani, Ahmad; Sri Widayanti, Nurul Mahmuda
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.333

Abstract

ABSTRACT Land and Building Acquisition Fee (hereinafter abbreviated as BPHTB) according to Law No. 1 of 2022 in Article 1 paragraph (37) states "Land and Building Acquisition Fee, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and/or building rights". The BPHTB collection system is calculated and paid by the taxpayer himself, namely with the Self Assessment System. In Lamongan Regency, Article 16 paragraph (1) of Lamongan Regency Regulation Number 10 of 2023 concerning Regional Taxes and Regional Retributions explains that PPAT/Notary requests proof of BPHTB payment from taxpayers, indicating that there are characteristics of a self-assessment system where BPHTB tax must be paid by taxpayers. In the Lamongan Regency Regulation, BPHTB payments are made electronically. In practice, this system is still mixed with the official assessment system in terms of research and calculation of BPHTB owed and then the supervision process by the government/fiscus carried out by the Lamongan Regency Regional Revenue Agency. Bapenda supervises if there is a discrepancy in the calculation, a tax underpayment letter will be issued which must be paid by the taxpayer, so that the self-assessment system is not fully running. This study uses a normative legal research method (normative law). The normative legal research method is a scientific research procedure to find the truth based on the logic of legal science from its normative side. In this normative research, the analysis method used is a qualitative approach by collecting data and materials needed through literature studies either through books, articles, journals or internet media. The results of this study are the system in collecting BPHTB, namely the self-assessment system, which still has the involvement of the fiscus/government in the BPHTB payment process, namely the official assessment system.
Legal Review of the Defense of Forced Excess (Noodweer Exces) in the Crime of Assault in Decision No. 4/Pid.B/2024/PN JNP Nugroho, Fajar Seto; Isnaini, Enik; Sofyan, Mohammad Riyadi
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.334

Abstract

ABSTRACT Noodweer excess is a condition where a person commits an unlawful act as a form of forced defense that exceeds the limit due to a threat or sudden attack. The justification for Noodweer excess is regulated in Article 49 paragraph (2) of the Criminal Code which allows the judge not to impose a sentence if there is a legitimate reason for self-defense, so that the defendant can be released from the clutches of the criminal code. This also becomes the legal basis for the judge in decision Number 4 / Pid.B / 2024 / PN JNP to provide an acquittal for the defendant who has been proven to have committed a crime that resulted in the death of a person. Based on the background above, the author proposes a formulation of the problem, namely; first, how is the regulation of forced defense beyond the limit (noodweer excess) in the Criminal Code?, second, how is the analysis of the judge's considerations in decision Number 4 / Pid.B / 2024 / PN JNP. This research method uses a normative legal research type, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials including: Criminal Code and Decision Number 4/Pid.B/2024/PN JNP. From the results of the study, it can be concluded that: first, Article 49 paragraph 2 of the Indonesian Criminal Code (KUHP) regulates forced defense (noodweer excess) that exceeds the limit. The act is still against the law, but due to the conditions or reasons for the forced defense that exceeds the limit, the error is eliminated. Justifying and forgiving reasons can eliminate the criminal nature of an act. Second, Case Number 4/Pild.B/2024/PN. Jnp shows that the defendant cannot be punished because his actions meet the requirements of noodweer excess, as a response to threats with a knife from the victim. The defendant's actions are proven to meet the elements of forced defense that exceeds the limit which is carried out due to mental shock due to serious attacks or threats.
Legal Analysis Of Land Dispute Settlement In Tlogoretno Village Based On Restorative Justice M. Yanto; khitam, Muhammad chusnul; Wulandari, Rosy Dwi
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.335

Abstract

ABSTRACT Land disputes in Indonesia, including in Tlogoreto Village, are complex and often protracted problems when resolved through conventional litigation. The lengthy and costly legal process makes alternative approaches, such as Restorative Justice, an increasingly relevant solution. Restorative Justice emphasizes the restoration of relations between the parties to the dispute through dialogue and mutual agreement. In this context, the restorative approach is expected to be able to provide a more effective and harmonious settlement of land disputes in Tlogoreto Village. This study uses a normative juridical method with an analysis of applicable laws and regulations, as well as legal doctrines related to land dispute resolution and the application of Restorative Justice. The Restorative Justice approach in resolving land disputes in Tlogoreto Village focuses on mediation involving all parties to the dispute, as well as community leaders as mediators. This process aims to reach a fair agreement for all parties, by prioritizing the restoration of social relations. The analysis shows that the application of Restorative Justice is more effective in reducing tensions and producing sustainable solutions than resolving disputes through the courts. However, the challenge in applying this method lies in the lack of public understanding of Restorative Justice and the limited formal recognition of the results. Restorative Justice offers an alternative to resolving land disputes that is faster, cheaper, and able to improve relations between the parties to the dispute in Tlogoreto Village. This approach is in line with the principle of restorative justice which focuses on recovery rather than punishment. Although its application has not yet been fully formally recognized in Indonesia's legal system, Restorative Justice can be an important step in land dispute settlement reform, especially at the local level.
The Existence of Indigenous Youth on the Credibility of Customary Law Instruments Tjahjani, Joejoen; M. Yanto; Rupawanti, Nadia
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.336

Abstract

ABSTRACT At the regional level, the government's commitment to the formation of Regional Regulations on the recognition of indigenous peoples as one of the customary law instruments is still low, customary law instruments should be able to form binding forces and provide justice for indigenous peoples. In this case, the existence of indigenous youth is urgently needed in decision-making and their dedicated efforts in climate action, the search for justice, and the creation of intergenerational relationships that preserve their culture and traditions. Indigenous youth are very strategic in mapping customary territories, advocating for policies and succeeding in the management of customary territories based on the culture and wisdom traditions of indigenous peoples. The existence of indigenous youth as the next generation greatly determines the credibility of customary law instruments.

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