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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
PERJANJIAN ELEKTRONIK PADA PEDULILINDUNGI YANG BERTRANSFORMASI MENJADI SATUSEHAT BERDASARKAN HUKUM NASIONAL TERKAIT Faradila Khairunisa
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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This research focuses on understanding the legal protection of electronic agreements based on relevant national laws and reviewing the legal consequences of electronic agreements on the transformation of the PeduliLindungi application into the SATUSEHAT application. This research uses a normative juridical legal research method that focuses on reviewing literature sourced from laws and regulations, books, journals, and other documents. The analysis technique used in this research is descriptive. Electronic agreements are regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions and Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions as implementing regulations of Law Number 11 of 2008 concerning Electronic Information and Transactions. Electronic agreements on the PeduliLindungi application arise prior to the use of the application by users in the form of terms and conditions of application services. These terms and conditions must meet the legal requirements of the agreement, because any agreement in conventional or electronic form is subject to the rules in Book III of the Civil Code.The transformation of the PeduliLindungi application into the SATUSEHAT application is a government action that is not in accordance with the terms and conditions of application services, resulting in legal consequences in the form of default in the form of doing something that is not promised in the agreement.
IMPLIKASI PERJANJIAN PERDATA DALAM KEHIDUPAN BERMASYARAKAT DI KOTA SAMARINDA Shilvia Rahayu Safitri; M Haekal Febrian
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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This research aims to analyze the implications of civil agreements in community life in the city of Samarinda. Specifically, this research wants to identify the role of civil agreements in providing legal certainty, supporting economic activities, and maintaining public order and security. In addition, this research also aims to identify the challenges in implementing civil agreements in Samarinda. This research uses a qualitative approach with a case study method. Data collection was carried out through in-depth interviews with parties involved in civil agreements in Samarinda, such as business actors, notaries, and local government representatives. In addition, this research also conducted a documentary study of civil agreement documents and related regulations. The data obtained were analyzed using content analysis and thematic analysis techniques. Content analysis was used to identify patterns and main themes in civil agreement documents. Meanwhile, thematic analysis was used to identify the main themes that emerged from the results of interviews with informants. The results of the study show that civil agreements have significant implications for community life in the city of Samarinda. Civil agreements provide legal certainty for the parties involved, support economic activities through guarantees of certainty for business actors, and play a role in maintaining public order and security. However, the implementation of civil agreements in Samarinda still faces challenges, such as lack of public understanding of civil law, low legal awareness, and other problems such as poverty and economic inequality. To overcome these challenges, efforts are needed to increase public understanding of civil agreements and the importance of complying with applicable legal provisions, as well as the role of local governments in creating a conducive climate for the implementation of civil agreements.
A LAW ATTEMPT TO RESOLVE THE VACUUM OF NORM BY FORMULATION PERPPU AS A NEW LEGAL FORMATION RELATED TO THE IMPLEMENTATION OF INTERIM REPLACEMENTS IN SPECIAL SITUATIONS Ni Nyoman Putri Purnama Santhi; Hendij Ana Widowati
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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The existence of mass or collective corruption cases committed by DPRD legislators in the current legal reality has caused a vacuum in the legislature and stagnation in the administration of local government. DPRD legislators who have been identified as defendants must resign through the mechanism of inter temporal replacement (PAW). Principally, the problem is that the rights of these defendants are still protected by law because there has been an unincracht decision. This is the case of the legal studies issues raised in this paper. The research used in this writing is normative legal research because there are problems with the condition of vacuum norms so that new laws and regulations are needed to regulate the stagnation of local government administration due to mass corruption. Furthermore, it is necessary to establish a new law, namely Government Regulation in Lieu of Law (Perppu) as a new legal norm that regulates special situations. In terms of overcoming if similar legal problems will occur again at a later time, then the provisions in the Perppu will apply and otherwise the MPR, DPR, DPRD, and DPD Law (MD3 Law) is not applicable in the special situation problem, as the use of the principle of lex posteriori derogat legi priori applies.
ANALISIS KEBIJAKAN CYBER CRIME DALAM HUKUM POSITIF DI INDONESIA Intan Permata Sari; Irma Wati Pasaribu; Muhammad Zahien Akbar AS; Berlian Cikka Octanelsha
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Technological developments move in line with the legal dynamics that occur in Indonesia. Information and communication technology has a huge impact on the regulatory revolution as well as social, cultural and community life. Apart from the positive impacts that can result from technological developments, there are also negative impacts, namely social media crimes or known as cyber crimes. Legitimate control over cyber crime is a challenge for cybercrime which is developing with the information technology revolution. Policy regarding cyber crime in positive law in Indonesia is the aim of writing this research. The research method used in this research is a normative legal approach. Data processing is carried out through library research, such as literature and scientific works related to research problems. The results of this research show that there are more than 7 regulations in the form of special laws and regulations in the Criminal Code (KUHP) which regulate cyber crime, then other policies are in Law no. 11 of 2008 as amended in Law Number 19 of 2016 concerning Information and Electronic Transactions.
TINJAUAN YURIDIS PENEGAKAN HUKUM TINDAK PIDANA KORUPSI APBD YANG DILAKUKAN OLEH KEPALA DAERAH DI LAMPUNG TENGAH Wafi Rizqullah H; M Farhan Frans Putra; Shalsabila Hellenia; Rizki Rizaldi; Gusti Weliyansyah
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Indonesia is a country of law, which means all the legal rules that apply in it The Indonesian state must be obeyed by citizens and state administrators. However, In fact, there are still many legal rules that are violated by citizens and state officials, such as in cases of criminal acts of corruption. Corruption crimes in Indonesia is very rampant from year to year. Therefore, it is needed enforcement of the law on criminal acts of corruption in order to realize its enforcement supremacy of law, upholding justice and realizing peace in life in public. However, it is very worrying that law enforcement is a criminal act Corruption in Indonesia is classified as very weak. This can be seen from the fact that there are still many regulators or law enforcers themselves who commit criminal acts of corruption. In Indonesia, the handling of corruption cases is carried out by state law enforcement agencies, including the Indonesian National Police, the Prosecutor's Office, the Corruption Eradication Commission (KPK), the Judiciary (Corruption Crime Court). This handling is carried out to protect the state budget with the aim of ensuring that the budgeted allocation of funds is not misused. The government issues legal products such as the Criminal Code (KUHP) and other laws that regulate the prevention, eradication and law enforcement of criminal acts of corruption. Eradicating corruption is said to be effective when the applicable laws and regulations succeed in making the perpetrators of corruption receive appropriate punishment and are able to be held accountable for their actions. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Data collection is through library research (library research) and field research. The data analysis used is qualitative juridical.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG DESAIN INDUSTRI BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 2000 Yunanda Sukma
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
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Industrial Design is one of the intellectual property rights regimes regulated in Indonesian laws and regulations. The research method used in analyzing and researching this case study is through a normative juridical method with the main data in the form of secondary data obtained by literature study and analysis of legislation relating to Industrial Design. Application of novelty in industrial design based on Law no. 31 of 2000 is very important, because this protection can protect works resulting from creativity and imagination so that they are protected from violations of industrial designs by other designers for irresponsible things, and also by registering and protecting new designs. The industry will receive industrial design rights, with these industrial design rights the designer can carry out activities within the scope of industrial design. Because basically the value of novelty is very important and an industrial design that can be protected and registered must have novelty value, which means that a registered design has never existed and has never been registered before. A novelty value is also assessed based on the design having never been circulated to the general public, either through print media, social media or electronic media. And Exclusive Rights are the Right to exercise the Industrial Design Rights that one has and to prohibit other people from making, using, selling, importing, exporting, and/or distributing goods that are granted Industrial Design Rights without their consent.
PELUANG DAN TANTANGAN PEMBERLAKUAN HUKUM PIDANA ISLAM DI INDONESIA Irfan Islami; Ely Alawiyah Jufri
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
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Islamic law is one of the sources of national law in the Republic of Indonesia which has been in effect since the time when the Islamic kingdom was established in the archipelago. The Islamic law that applies in Indonesia has so far been dominated by civil law, especially family law and sharia economics. Islamic criminal law is not enforced in the national legal order, but the efforts and encouragement of some Muslim groups are still advocating for the implementation of Islamic criminal law in Indonesia. This research examines in more depth the opportunities and challenges of implementing Islamic criminal law in Indonesia. This research was conducted using qualitative methods using normative research. The implementation of Islamic criminal law in Indonesia is not a new ideal echoed by some Muslim groups, but has existed since the discussion of the foundation of the Republic of Indonesia in 1945. The implementation of Islamic criminal law in Indonesia has only recently been implemented in Aceh Province, which is contained in regional regulations. Aceh Province (Qanun).
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PEMBUNUHAN DISERTAI MUTILASI Mochammad Sukedi; Irwan Effendi
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
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The crime of murder is a criminal act of a material nature that awaits the consequences of the action taken, namely that the victim must die. The crime of murder accompanied by mutliation is a crime that is considered abnormal and is carried out cruelly by the perpetrator by cutting off parts of the victim's body. To determine the responsibility of the perpetrator of the crime of murder accompanied by mutilation, the condition of the perpetrator must first be known when committing the crime, which will then determine the perpetrator's ability to take responsibility for the actions he has committed. This research uses a normative legal research method by reviewing and analyzing secondary data containing primary legal materials, secondary legal materials and tertiary legal materials. Then a statutory approach and a case approach are taken. After the data is collected, it is then described in a normative-descriptive manner to explain the problem being studied. The results of the research and discussion regarding the regulation of criminal acts of murder accompanied by mutilation in positive law in Indonesia, crimes against life are regulated in Articles 338-340 of the Criminal Code, however, these acts are not regulated at all, because these criminal acts are crimes that are classified as abnormal and are committed with so heinous that special rules are needed to regulate this action. Furthermore, regarding the criminal responsibility of perpetrators of murder accompanied by mutilation, their health and mental health must be checked first in carrying out the criminal act so that it will have an impact on their ability to be responsible if based on Article 44 of the Criminal Code which regulates inability to take responsibility, but if they are deemed not to have fulfilled this article then the perpetrator can be held accountable.
ANALISIS PELANGGARAN HAK CIPTA OLEH MALL GRAND INDONESIA YANG MENGGUNAKAN SKETSA TUGU SELAMAT DATANG SEBAGAI LOGO MALL BERDASARKAN PASAL 1 UU NO. 28 TAHUN 2014 TENTANG HAK CIPTA Shilvia Rahayu Safitri
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
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Case of copyright infringement committed by PT. Grand Indonesia regarding the copyright of the sketch of the welcome monument owned by the late. Henk Ngantung. The late Henk Ngantung made a sketch of a monument to a pair of men and women waving their hands in 1962. The sketch was made in the form of a statue located at the Hotel Indonesia (HI) roundabout which was named the Welcome statue. This creation has been recorded at the Ministry of Law and Human Rights of the Republic of Indonesia, Directorate General of Intellectual Property with Copyright Certificate No. 46190 so as to obtain protection rights for the creator during his or her lifetime and for the copyright holder after the creator dies within the time period determined by the Copyright Law. And it has been recorded and published with No. HKI.2-KI.01.01-193 dated 25 October 2019 with copyright transfer recorded no. 46190, namely the art of sketching the Welcome Monument which is currently recorded under the names of its heirs.
TINJAUAN YURIDIS PENYELESAIAN TINDAK PIDANA KEKERASAN FISIK TERHADAP ANAK DIDIK YANG DILAKUKAN OLEH GURU MENURUT HUKUM PIDANA INDONESIA Arga Chon Feriandref; Tri Widiastuti; Mubaraq; Othman Ballan; Eka Ermala; Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
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Based on Article 2 point 1 of Law Number 14 of 2005 that teachers have a position as professional staff at the levels of basic education, secondary education, and early childhood education in the formal education pathway appointed in accordance with statutory regulations. However, in providing education to students, teachers often take actions that are punishing and not educative, either in the form of physical actions that can cause danger to students' conditions or words that are harsh and inappropriate to say. These acts in the criminal law and the Child Protection Act can be categorized as crimes in the education sector. so the authors are interested in conducting research outlined in the form of a thesis in the form of analyzing the settlement of criminal acts of physical violence committed by teachers against students, where this act is a violation of human rights with the aim of knowing the factors causing criminal acts of physical violence against students committed by teachers; analyze the settlement of criminal acts of physical violence against students committed by teachers according to Indonesian criminal law; and analyzing the role of the government and related parties in resolving criminal acts of physical violence committed by teachers against students. The results showed that the factors causing the criminal act of physical violence against students committed by the teacher were influenced by the teacher himself, students, family and the environment, causing a bad perception of the students; Settlement of criminal acts of physical violence against students committed by teachers according to Indonesian criminal law through the criminal justice system that violates statutory regulations, namely the Criminal Code, Law Number 35 of 2014 concerning Child Protection and the role of the government and related parties in resolving criminal acts of physical violence that carried out by teachers to students so that child-friendly schools are formed by implementing technical guidelines for the Guide to Preventing Violence against Children in Families, Communities and Educational Institutions that involve the participation of the community, families and educational institutions in cooperation and coordination in the form of facilitation, outreach and advocacy on prevention violence against children in educational institutions. The suggestions from the results of this study are to increase the role of government, local government, society, families, teachers and parents or guardians who are obliged and responsible for the implementation of child protection from violence in educational institutions and increase the simultaneous socialization of the implementation of Law Number 35 of 2014. Providing legal protection for students in educational institutions so that the welfare of the children is achieved during their education.

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