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INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol. 3 No. 2 (2024): MEI" : 20 Documents clear
LAPORAN KETERANGAN PERTANGGUNGJAWABAN KEPALA DAERAH TERHADAP HASIL PENYELENGGARAAN URUSAN PEMERINTAHAN DALAM PERSPEKTIF OTONOMI DAERAH Mubaraq; Tri Widiastuti; Arga Chon Feriandref; Eka Ermala; Othman Ballan; Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims: 1) to find out how the mechanism of the accountability report on the District Head as impact the result of government’s affairs administration according to District Government’s statute. 2) to know and analyze the implication of the accountability report on the District Head as impact the result of government’s affairs administration has been appropriated by the principle of autonomous district. With that aim then the discussed issues are: 1) how the mechanism of the accountability report on the District Head impact the result of government’s affairs administration according to District Government’s statute? 2) is implication of the accountability report on the District Head impact the result of government’s affairs administration has been appropriated by the principle of autonomous district? By the formulation of that problem then the research methods is using normative juridical research with statute approach, historical approach, conceptual approach and political approach. The legal materials that collected are: primary legal materials, secondary legal materials, and tertiary legal materials. Analysis of the collected legal materials is carried out by inventoring, systematizationing, and interpreting. The results showed that: 1) The Mechanism of the accountability report on the District Head just have the quality of Formalistic Administrative, so if it linked with accountability’s concept is not become things that accountable as a law accountability, political accountability, and administration accountability. 2) there is no implication from the accountability report on the District Head as a responsible person in every District Government’s administration policy, then the implication from the accountability report on the District Head has not reflecting what is known in autonomous district principle according to autonomous district’s statute that is tangible, comprehensive and responsible. Recommendation: the statute number 23year 2014 should be include the sanction of the accountability report on the District Head, so in that report has found a mismatch of the substantable and tangible in peoples then it should be followed up properly in law, administrative, and politic.
TINDAKAN PEMERINTAH MEMINIMALISIR TINGKAT KECELAKAAN BERLALULINTAS MASA PANDEMI COVID-19 Joice Pangayow, Sherly
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Humans are social creatures who have the right to develop themselves in meeting the needs of life so that in an increasingly modern era and all activities in travel are carried out quickly so that land transportation in the form of motorized vehicles is needed, in carrying out activities on the road often causes anxiety in the community because accidents often occur. The government has made regulations regarding traffic on the road to regulate and maintain order, safety and comfort in using the road, in carrying out these regulations requires law enforcement by the Government and public awareness of the law so as to create an orderly and safe traffic atmosphere. The approach taken in this study is to use a qualitative approach which uses empirical research methods, namely analyzing primary data or reality that occurs in the community and is supported by secondary data.
PERLINDUNGAN HUKUM TERHADAP IZIN USAHA PERTAMBANGAN BATU BARA DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL Siti Soleha; Arrisman
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Coal mining in Indonesia is a strategic sector but also sensitive because it is closely related to the economy and the environment. To regulate this activity, the Indonesian government has issued Law Number 25 of 2007 concerning Capital Investment. This law provides the legal basis for coal mining business permits, which includes requirements, procedures and legal protection. The purpose of this article is to analyze the legal protection of coal mining business permits in Indonesia based on Law Number 25 of 2007. The research method used is literature study to collect and analyze relevant legal data. The results of the analysis show that Law Number 25 of 2007 provides a comprehensive legal framework for coal mining business permits, including application procedures, conditions that must be fulfilled by applicants, and obligations that must be complied with by permit holders. Apart from that, this law also regulates sanctions for violators. However, there are still challenges in implementing this law, such as consistent law enforcement and adequate environmental protection. Therefore, further efforts are needed to ensure that legal protection for coal mining business permits in Indonesia can be carried out effectively in accordance with the spirit of the law.
COMPARATIVE TRANSLATORY ON THE SYARIAH AND CONVENTIONAL CONTRACT LEGAL SYSTEMS: INDONESIA'S PERSPECTIVES Susilowardani; Desi Syamsiah; Asri Agustiwi; Dara Pustika Sukma
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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The study aims to conduct a comparative study of the Shariah and conventional contractual legal systems from an Indonesian perspective. In the context of Indonesia, the Sharia law system is based on the principles of Islamic Shariah, while the conventional legal system is founded on the general principles that apply in the country. The method of research carried out is the study of literature by searching for literature that fits the context of research. The research shows that the Sharia law system emphasizes the principles of Shariah, such as the prohibition of interests and charges, and encourages dispute settlement through arbitration and arbitrations mechanisms. On the other hand, conventional legal systems are more flexible and focus on commercial aspects in the execution of contracts, using common dispute resolution mechanism, like courts, mediation, or negotiations. Although the Sharia law system provides special legal protection for the parties involved in a Sharia contract, the conventional legal system provides general legal protection to all parties engaged in a contract.
PERLINDUNGAN HUKUM TERHADAP PENCIPTA ATAS BUKU BAJAKAN YANG DIPERJUALBELIKAN MELALUI E-COMMERCE Faradila Khairunisa
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Legal protection for book copyright has been regulated in the Copyright Law, namely Law Number 28 of 2014 concerning Copyright. This legal protection aims to protect the rights of creators. However, even though there are regulations related to copyright, copyright violations still continue to occur, such as piracy of books as copyrighted works and then buying and selling them through e-commerce platforms. For this reason, what is the legal protection for copyright for pirated books that are bought and sold via e-commerce? The method that will be used in this research is normative, because it carries out a study and evaluation of applicable laws and regulations. Based on the results of the discussion, it was found that with legal protection for copyright, it is hoped that copyright violations will decrease and creators can feel that their work or creations are respected and protected by the state.
TATA CARA, TEKNIS, DAN TAHAPAN PEMBUATAN PERUNDANG-UNDANGAN Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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The legislative process is a crucial element within a country's legal system, playing a vital role in establishing fair, effective, and practical regulations for society. This article explores the fundamental concepts, stages of development, technical aspects of drafting, as well as the obstacles and challenges encountered in the legislative process. In the context of fundamental concepts, legislation is defined as a series of legal norms that govern societal life, with the primary goal of establishing order and justice. The stages of legislative development include initiation, deliberation, legislation, implementation, and evaluation, conducted while adhering to principles of good law and inclusive community participation. Additionally, technical aspects such as clear language use, organized document structures, and appropriate legislative techniques are integral parts of the drafting process. However, the legislative process often faces obstacles and challenges such as resource limitations, conflicts of interest, and legal complexities. With an awareness of these challenges, policymakers are expected to take appropriate measures to overcome them and ensure the smooth development of effective and efficient policy-making processes.
STUDI KOMPARATIF PELAKU TINDAK PIDANA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DAN HUKUM ISLAM Wahyu Akbar Prantoko; Rachmat Ihya
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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This research examines how drug criminal sanctions are implemented against violators in accordance with Law no. 35 of 2009 concerning Narcotics and how to apply sanctions according to Islamic law. Research from the library includes this research. Research findings show that the application of penalties in Law no. 35 of 2009 concerning Narcotics towards perpetrators of drug crimes relating to Articles 116, 121, 133 and 134. The findings of this research also show that the punishment of ta'zir, as stipulated in Islamic law, can be imposed on those who commit drug- related offences. According to the judge's policy, there are several types of punishment for ta'zir, including beatings, detention, publication, punishment in the form of property, and others. He believes that this form of punishment can have a deterrent effect on both the perpetrator and other people. Both the use of illegal substances and drug laws are prohibited. Similar to the prohibition of drinking alcoholic beverages according to certain hadiths and the holy Koran, narcotics and the consumption of illegal drugs are also prohibited. Apart from that, some academics think there are sanctions.
IMPLEMENTASI NILAI-NILAI PANCASILA SEBAGAI IDEOLOGI NEGARA DALAM KEHIDUPAN MASYARAKAT DI ERA GLOBALISASI Keren Mawar Eliza; Silviana Sari; Shalsabila Hellenia; Fathi Tianasati; Zainudin Hasan
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Pancasila is the foundation of the Indonesian state which is used as a guideline for the life of every Indonesian citizen Pancasila and Globalization are two things that are mutually sustainable. As time progresses, society's way of life begins to experience various changes which directly affect the way of life of a nation. The impact that occurs is enormous on various aspects of human life at all levels of society. On this occasion, the research aims to raise ideas regarding the importance of implementing Pancasila values in order to create a strong unity in the midstof rapid globalization which gives rise to various challenges and threats to the moral life of a nation. Apart from that, this research also raises the idea of the importance of the Pancasila ideology as a guideline in the life of society, nation and state by the Indonesian people. There are many noble values that can be re-implemented to unite the nation, whose society is very diverse starting from cultural background, ethnicity, religion, belief, language, and others. This article aims to analyze current threats that affect people's daily lives by reviewing the noble values of Pancasila with consideration of rationality in overcoming problems in the era of globalization.
ANALISIS PENGHITUNGAN KERUGIAN NEGARA DARI HASIL DUGAAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PT. TIMAH (Tbk) Zaskia Hanyfah; Agnes Oktapia; Mirtha Tirta P
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Indonesia was shocked by the alleged corruption case amounting to hundreds of trillions of rupiah which shocked the public, and to this day there are still many questions about this case. This time the mining industry has become the object of criminal practices of corruption which are currently in the spotlight and polemic in Indonesia. PT. Timah (Tbk) is suspected of committing criminal acts of corruption with its illegal mining from 2015 to 2022 and causing state losses estimated at IDR 271 trillion. However, the first question that arises is where the figure for the country's losses came from. The method used in this research is normative juridical, namely by approaching rules, regulations, norms and articles related to the alleged PT Timah corruption case. This research aims to determine the calculation of total state losses of IDR. 271 trillion from the proceeds of PT Timah (Tbk)'s alleged illegal mining corruption practices. The results of this research show that the value of state losses from alleged corruption in illegal tin mining carried out by PT. Timah (Tbk) throughout the 2015-2022 period has caused losses of IDR. 271. 069,688,018,700, where the value of the total loss comes from environmental (ecological) losses amounting to IDR. 157,832,395,501,025, environmental economic loss of IDR  60,276,600,800,000, and environmental restoration costs of IDR 6,257,249,726,025. Apart from that, there are also losses outside the forest area of around IDR. 47,703,441,991,650.
PANCASILA SEBAGAI SISTEM FILSAFAT DALAM KONSEP HUKUM DI INDONESIA Zaskia Hanyfah; Agnes Oktapia; Mirtha Tirta P; Dhea Amalia Fatikha; Zainudin Hasan
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
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Article 1 Paragraph 3 of the 1945 Constitution confirms that Indonesia is a country that adheres to a legal system or in other words Indonesia is a country of law. Therefore, in its application the concept of the rule of law in Indonesia must be in harmony with the values that live and develop in society. Pancasila is an embodiment and strengthening of the noble norms of the Indonesian people whose existence is very important in implementing the concept of the rule of law in Indonesia. Therefore, the application of legal concepts in Indonesia requires Pancasila as its philosophical basis. The method in this research uses a normative juridical method, namely by examining positive law from various aspects, one of which is the theoretical, historical and philosophical aspects that bind the legal system used. The aim of this research is to understand the concept of law in Indonesia based on the Pancasila philosophical system. The results of this research show that The results of this research show that Pancasila can be called a state philosophical system because in essence all legal formation as well as its application and implementation cannot be separated from the values of Pancasila as Staatsfundamentalnorm. Furthermore, the legal concept in Indonesia which is based on the Pancasila philosophical system has the characteristics of being pluralistic in society, diverse in culture, polite and courteous in religion, as well as order in maintaining other social values.

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