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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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Juridical Review of Power of Attorney For Implementing Liability Rights (Skmht) as a Media For Binding Guarantee in the Credit Take Over Process in Banking Companies Sastradinata, Dhevi Nayasari; Maulidah, Tuhfatul; Romadhoni, Suci
Jurnal Independent Vol. 9 No. 2 (2021): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v9i2.337

Abstract

ABSTRACT with the aim of producing library materials and an overview of the validity period of the SKMHT and the Legal Consequences of the issuance of the Power of Attorney to impose Mortgage Rights (SKMHT) in the Take Over process. By using the type of normative legal research and sociological or empirical legal research.
RESTOTATIVE JUSTICE POLICY OF CLASS I DRUG CONVICTS OF MARIJUANA IN DEALING WITH OVER-CAPACITY CORRECTIONAL INSTITUTIONS IN INDONESIA Risano, Alfredo; Ningtias, Ayu Dian; Yurita, Rosnia
Jurnal Independent Vol. 9 No. 2 (2021): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v9i2.338

Abstract

ABSTRACT Law Number 35 of 2009 based on Pancasila and the 1945 Constitution of the Republic of Indonesia, was implemented based on justice, protection, humanity, order, protection and security. Often the authority to try becomes a dilemma for judges when there is a conflict between certainty and a sense of community justice. So it is predictable that the high number of narcotics users greatly affects the number of prisoners/inmates of narcotics abuse cases who enter prisons/detention centers, even though the best place they need is a rehabilitation center. The government, law enforcement officers and the media always provide information about marijuana abuse, if there is abuse the public should also be given information about the 'justification' of marijuana. Here, political will is needed from the government to review policies and provide objective facts about the benefits and dangers of cannabis plants, because politically this can reduce public trust in the government. Based on the facts and explanations of the above, the researchers are interested in conducting legal research on "Restorative Justice for convicts of narcotics users Golonga1 marijuana
ABUSE OF CIRCUMSTANCES AS A CAUSE OF THE AVOIDATION OF CONTACT IN THE CIVIL COURT AND ISLAMIC LAW Shodiq, Ja'far; Albab, Ulil; Amalia Putri, Erika Husna
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.v10i1.341

Abstract

Abstraction This research is library research. Regarding the termination of an engagement in the KUHper, Article 1381 explicitly mentions ten ways to terminate an engagement. These methods are: Payment, offer of cash payment followed by deposit or safekeeping (consignment), debt renewal (novation), debt settlement or compensation, debt mixing (confucio), debt relief, obliteration of outstanding goods, cancellation/cancellation, entry into force a condition is void, and the lapse of time (expiration). Indeed, freedom of contract stems from the position of both parties being equally strong, having the same bargaining position, so that each party is domiciled as a contract partner. . The reality is not so, in making a contract each party, especially the party who is in a strong economic position, tries to seize dominance over the other party and face each other as opponents of the contract. The party whose position is stronger can impose his will on the other party for his own benefit, resulting in the content and terms of the contract being one-sided or unfair.
CRIMINATION AS A LAST EFFORT IN A CHILD CRIMINAL JUSTICE SYSTEM REFLECTING THE PRINCIPLE OF RESTORATIVE JUSTICE Winarno, Jatmiko; Tjahjani, Joejoen; Rochmawanto, Munif; Imam Putri, Intan Dwika
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.v10i1.342

Abstract

Abstraction Diversion aims to achieve peace between victims and children, resolve cases of children outside the judicial process, prevent children from deprivation of independence, encourage the community to participate and instill a sense of responsibility in children. Diversion must be carried out at every stage starting from the level of investigation, prosecution and examination at the District Court. Diversion is said to be successful if there is an agreement, and the case can be stopped and restorative justice is achieved, whereas if the diversion is not successful then the case is continued until the child is sentenced.
UTILIZATION OF CANANA AS A MEDICINE IN LEGAL PERSPECTIVE IN INDONESIA Ningtias, Ayu Dian; Risano, Alfredo; Hariati, Wida
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.v10i1.343

Abstract

Abstract The main problem in this research is that there is a conflict in Article 7 and Article 8. Where Article 8 Prohibition of the Use of Narcotics Group 1 for the Purpose of Health Services, while in Article 7 Narcotics can be used for the benefit of health services. Articles in the Narcotics Law currently conflict with other articles, causing many interpretations and legal uncertainty in the enforcement of the use of cannabis plants as medicine in society. The Use of Cannabis as a Drug Perspective of Indonesian Criminal Law and Islamic Law. It can be concluded in the Indonesian Criminal Law research on the Use of Cannabis as a Drug, currently many articles related to Narcotics are still in conflict with other articles, causing uncertainty in the law against the use of marijuana as a drug. The state must be able to codify the Law on Narcotics, so that these articles do not conflict with other articles, and so that there are no more losses experienced by the community and the state in the war on drugs. Whereas in Islamic Criminal Law it refers to the Qur'an and Hadith as well as the ijtihad of scholars. Cannabis plants can be used as long as it is intended for medicinal purposes, and provides punishment in the form of ta'zir against all forms of abuse. Whereas in ijtihad scholars through the qiyas method which equates cannabis plants with khamr, it does not meet the qiyas element, where in equating it with khamr which is clearly different in terms of content, substance, or the resulting effect. So that qiyas equating marijuana with khamr cannot determine the prohibition of cannabis plants as medicine. Whereas in the maslahah al-mursalah method, as long as the use of marijuana as a drug is regulated in its use so that it gets benefits, the use of marijuana as a halal drug is used, because it is already a rule of use as a drug against experts.
LEGAL PROTECTION AGAINST CONSUMERS IN E-COMMERCE TRANSACTION Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Nahdliyah, Hadziqotun; Putri Ayu Wangi, Yasmin Pinasti
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.v10i1.344

Abstract

Abstraction With the characteristics of e-commerce like this, consumers will face various legal problems and the current legal protection regulations for consumers have not been able to protect consumer rights in cross-border e-commerce transactions in Indonesia. In e-commerce transactions, there are no more country boundaries, so the consumer protection laws of each country like Indonesia's will not be enough to help, because e-commerce operates across borders. In this connection, legal protection for consumer rights must be carried out with an international approach through harmonization of law and cooperation with law enforcement institutions. In 2008, the Indonesian government issued Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. In this Law on Information and Electronic Transactions, it is regulated regarding electronic transactions, one of which is activities regarding buying and selling in this internet media.
TERMINATION OF ACCURATE INVESTIGATIONS AND RESTORATIVE JUSTICE Suisno; Isnaini, Enik; Royani, Ahmad; Arifah, Nur
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.v10i1.348

Abstract

Abstraction Restorative Justice accommodates the interests of the parties, including the victim, because the victim in this case is involved in determining the sanctions for the perpetrator. Restorative Justice returns conflict to the most affected parties (victims, perpetrators and “their community”) and gives priority to their interests. Restorative justice seeks to restore the victim's safety, personal respect, dignity, and more importantly a sense of control. By adhering to the paradigm of restorative justice, it is hoped that the loss and suffering suffered by the victim and his family can be recovered and the guilt burden of the perpetrator of the crime can be reduced because he has received forgiveness from the victim or his family.
MISSING THE ESSENCE OF CONSENT IN PERSONAL GUARANTEES IN ONLINE LOAN PRACTICES Muljono, Bambang Eko; Suisno; Sastradinata, Dhevi Nayasari; Asror, Nabil Al
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.v10i2.349

Abstract

Abstract Related to the problem of online loans that no longer heed the approval of third parties in appointing someone as a guarantor of the debtor's debt. Then the novelty will be offered as a solution to the existing problems by using a research method in the form of normative juridical which of course will be guided by the applicable laws miand regulations related to the problems that arise and other legal materials that are still relevant. In the economic sector, especially in non-bank financial institutions that provide online loan services, also use the internet as the main media. Seeing the facts that occur, namely regarding the rise of online loans as a creditor who makes a third party a guarantor of the debtor, outside the knowledge and without the consent of someone who becomes a third party, makes the public question how the government, especially those related to the financial sector, handles these cases. Especially for the Financial Services Authority (OJK), which has the authority and duty to supervise various non-bank financial institutions that have been regulated to be outside the authority of Bank Indonesia to supervise them. Because of these complicated problems, researchers are interested in researching further.
LEGAL PROTECTION OF CHILDREN AS PEOPLE OF NARCOTIC ABUSE Ningtias, Ayu Dian; Fahrudin, Mukhlis; Maghfiroh, Lailatul
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.v10i2.350

Abstract

ABSTRACT Based on Article 67 of Law Number 35 of 2014 concerning Child Protection, it is explained that special protection is for Children who are victims of abuse of narcotics, alcohol, psychotropic substances, and other addictive substances as referred to in Article 59 paragraph (2) letter e and Children involved in the production and its distribution are carried out through surveillance, prevention, treatment, and rehabilitation efforts. concerning child protection in Article 1 number (2) it states "Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, and develop. develop, and participate optimally in accordance with human dignity , and receive protection from violence and discrimination”.
SOLAR VEHICLES FROM ENVIRONMENTAL LAW PERSPECTIVE Tjahjani, Joejoen; Nahdliyah, Hadziqotun; Dwi Erarti, Dinda Ayu
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.v10i2.351

Abstract

ABSTRACT Solar powered vehicles are important as a form of protection for the environment, apart from being a solution to the problem of vehicle exhaust pollution, they are also an innovation in the use of environmentally friendly new and renewable energy (EBT). The use of solar power in vehicles from an environmental law perspective still requires consistency and legal certainty so that there is a clearer footing for investors, as well as the ability to compete with other countries, as expected in the EBT Bill.

Page 21 of 22 | Total Record : 212

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