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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 25 Documents
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Search results for , issue "Vol. 3 No. 3 (2024): AGUSTUS" : 25 Documents clear
ANALISIS YURIDIS TERHADAP PERBUATAN MELAWAN ..HUKUM ATAS PENGUASAAN SEBIDANG TANAH HAK MILIK .ORANG LAIN STUDI KASUS PUTUSAN NO.994/PDT./G/2021/PN MDN) Bartholomeus Diaz Sianipar; M. Yamin Lubis; Rosnidar Sembiring; Abdul Haris
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Juridical control means that there is a right in that control which is regulated by law and there is authority for the right holder. Control in the juridical sense is control that has both civil and public aspects, and with control over land it is necessary to strengthen control over it, namely with Ownership Rights, Business Use Rights (HGU), Use Rights, or Building Use Rights (HGB) which will be the foundation for the person or institution that controls it. Unlawful acts are not only acts that directly violate the law, but also acts that directly violate other regulations. The general consequence of an unlawful act is problems within society, a disturbance in the balance of society, or in other words it is called an anomaly, because it involves various human interests, such as wealth, property, body, soul and human honor. This research method uses a Normative Juridical research type which is descriptive analytical in nature. The data source uses secondary data sources using legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials using library research data collection techniques (Library Research) and the data collection tool in this research is document study. The research results show that a person can have rights to land for several reasons, namely: the occurrence of property rights according to customary law is regulated by Government Regulations. Government Determination, according to the methods and conditions stipulated by Government Regulations and statutory provisions. An unlawful act is an act that violates another person's rights or if a person acts contrary to his or her legal obligations which results in loss to another person, requiring another person to compensate for the loss. Decision No. 994/Pdt.G/2021/Pn.Mdn shows that the unlawful act submitted by the Plaintiffs against the Defendant is not proven and is not an unlawful act because the proof of the letter submitted by the Plaintiffs is not the basis for the Plaintiffs' ownership rights to the land and building which is above it. Moreover, regarding the Plaintiffs' argument which states that physical control of land plots for 20 (twenty) years or more in a row can be the basis for the Plaintiffs to own the land and buildings. However, the Panel of Judges is of the opinion that the provisions in question only apply to land that is not directly controlled by the State, whereas in the a quo case, the land and buildings that are the object of the case are land and buildings belonging to the State from the North Sumatra Province Food Crops and Horticulture Service.
DAMPAK PENETAPAN BATAS USIA CAPRES DAN CAWAPRES TERHADAP PROSES DEMOKRASI DI INDONESIA: ANALISIS PUTUSAN MK RI NO. 104/PUU-XII/2023 Saqinah Aifi Kirmala; Rima Volyna Munthe; Ruth Hanna Apriani Sihombing; Silvia Mahrani; Solavide Ginting; Tebi Tafianta Banjarnahor
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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The minimum age requirement for candidates running for president and vice president has changed as a result of the Republic of Indonesia's Constitutional Court's judgment (number 104/PUU-XXI/2023). This decision is an important step in ensuring that candidates have the right qualifications to lead a country. This study aims to examine the implications and impacts of the age limit on the democratic process and leadership in Indonesia. The method used in this research is a qualitative method with a normative juridical approach through literature study. The data collection technique in this research is by analyzing the literature, decisions of the constitutional court, books, scientific articles, and various other scientific reading sources related to the material discussed in this study, namely the Age Limit for Presidential / Vice Presidential Candidates (Legal Analysis of MKRI Decision No. 104 / PUU-XII / 2020). As per Law Number 7 of 2017 respecting General Elections (Election Law), Article 169 letter q, five applications cannot be accepted regarding the age limit of presidential and vice presidential candidates (presidential and vice presidential candidates). Case Numbers 102/PUU-XXI/2023, 104/PUU-XXI/2023, 107/PUU-XXI/2023, 96/PUU-XXI/2023, and 93/PUU-XXI/2023 were discussed. The Decision Enunciation Session was held on Monday, October 23, 2023, in the Plenary Session Room of the Constitutional Court of Republik of Indonesia. Following the ruling of the Constitutional Court (No. 104/PUU-XXI/2023), it has brought changes in the interpretation and application of the minimum age limit for presidential and vice presidential candidates with significant implications for future elections.
PRO DAN KONTRA TERHADAP HUKUM RIBA DALAM PERSPEKTIF I’JAZ TASYRI’ Putri Ega Aulia; Aisyah Nurul Aini, Harun Al Rasyid
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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This study explores the cotroversial debate about the halalness of usury in Islamic economics, encompassing both pro and con arguments as well as perspectives from i’jaz tasyri' and the views of Islamic scholars and experts. Its objective is to analyze various viewpoints on riba, spanning from economic considerations to religious perspectives within the context of Islam, and to present arguments both in favor of and against the practice of riba. Data were gathered through literature review from diverse sources, including works by Islamic scholars and researchers, the Quran,and Islamic economic literature. The primary finding highlights the diverse nature of the debate regarding the permissibility of riba in Islamic economics, with proponents emphasizing its economic benefits such as investment incentives and financial stability, while opponents underscore social inequality, moral concerns, and the potential for economic instability. The main contribution of this research lies in presenting a comprehensive analysis of the riba debate within the framework of Islamic economics, integrating perspectives from economic, religious, and legal standpoints,and outlining financial alternatives aligned with Islamic principles, thus offering fresh insights for understanding this issue.
PERAN PSIKOLOGI SOSIAL DALAM BIDANG HUKUM PADA KASUS PEMBUNUHAN VINA CIREBON Dimas Elfian Nazar Nur; Fauzi Tristianto; Talitha Fairuz Marsya Nugraha; Sulistiasih
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims to determine the role of Social Psychology in the field of Law on how an individual can influence and be influenced by others, but it can also reveal the motives of the perpetrator through the psychological side and personality analysis both from the suspect's background to what trauma or mental disorders are experienced, so that he dares to commit acts that violate the law. Just like the case that has occurred in 2016 but due to being filmed, this case is again a concern because there are still some of the perpetrators who have not been arrested, namely the Vina Murder case in Cirebon. Social psychology certainly plays an important role in this case, because it can help to understand the motivations, perceptions and social interactions that underlie the actions of criminals as well as the responses of victims and society, because the involvement of social psychology can also help the legal field in seeing from the psychological side, its effectiveness in law enforcement and determining verdicts and sentences for the defendants of the murder of Vina.
EFEKTIVITAS WEWENANG POLISI DALAM MENANGANI TINDAK PIDANA KORUPSI DI INDONESIA Putri Afra Salsabila, Shinda Zahra Gelista, Sulistiasih
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Corruption is a major problem in Indonesia that hinders economic and social progress, undermines the integrity of government, and erodes people’s trust in government. The police have the authority to investigate and arrest people who commit corruption. This study aims to assess how effective the police are in handling corruption crimes in Indonesia. The method used is reviewing literature from various reliable references. The research shows that although the police play a significant role in combating corruption, many problems such as limited resources, political pressure, and complex cases hinder law enforcement. To improve the ability of the police to handle corruption cases, it is necessary to improve agency coordination, use of technology, and public support.
PERLINDUNGAN HUKUM TERHADAP NASABAH PENYIMPAN DANA (DEPOSAN) DALAM BENTUK DEPOSITO DI BANK Faradila Khairunisa, Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Legal protection for customers who keep funds in the form of deposits in banks aims to protect them from various risks that may occur during deposit transactions. This protection is regulated in the Banking Law and Consumer Protection Law. This research uses a normative method by reviewing and evaluating the applicable laws and regulations. The results show that banks are responsible for compensating customers if their deposit funds are lost. This legal protection is expected to increase customer confidence in banks due to the security of the funds they deposit, thereby reducing the risk of losses and problems in the future.
TRANSPARANSI DAN AKUNTABILITAS DALAM PASAR MODAL MELALUI ANALISIS HUKUM PERDATA KEWAJIBAN PENGUNGKAPAN INFORMASI M. Haekal Febrian, Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Indonesia’s economy heavily relies on the capital market, where companies offer stocks and bonds to the public. Investors expect to gain profits, but reactions can be irrational, especially when hearing negative news that leads to quick selling, affecting the expected returns. The capital market plays a vital role in supporting economic growth and investor confidence through the principles of legal transparency and accountability. The method used in this research is a civil law approach focusing on the analysis and interpretation of legal provisions related to transparency and legal accountability in the stock market, as well as disclosure obligations. This approach involves examining legal regulations governing information disclosure in the stock market.The research findings emphasize the importance of transparency in financial reporting to build investor confidence in the capital market. Honest and timely financial information helps strengthen trust, facilitate better investment decision-making, and reduce investment risks. Transparency forms a crucial foundation in the mutually beneficial relationship between companies and investors, supporting market stability and economic growth. Transparency, accountability, and legal enforcement in Indonesia’s capital market support investor confidence and market stability. This facilitates smart investment decision-making and preserves the integrity of the stock market. This legal foundation is essential for a healthy and sustainable capital market ecosystem.
UPAYA PENYELESAIAN TERHADAP WANPRESTASI DALAM LAYANAN JASA FOTOGRAFI DI KOTA PADANG Yunanda Sukma, Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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This research examines the phenomenon of default in photography service agreements in Padang City and its settlement efforts. In the rapidly growing photography industry, especially for wedding documentation, there are often disagreements between vendors and clients that lead to default. Forms of default include late payment, non-conformity of results, or unilateral cancellation. This research uses a normative-empirical method with secondary data from analyzing regulations and literature, and primary data from interviews. The results show that defaults generally occur due to less robust agreements, both oral and written. Default resolution is usually done through non-litigation efforts such as notification and deliberation, while legal action is the last option. This research aims to increase understanding and provide recommendations regarding default resolution in photography services, helping legal practitioners, policy makers, and the public to achieve legal certainty and justice.
PERLINDUNGAN HUKUM KEPADA PEMENANG LELANG ATAS OBJEK EKSEKUSI HAK TANGGUNGAN Shilvia Rahayu Safitri, Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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This study was conducted to analyze the legal protection for the winners in the auction process of executing mortgage rights, as regulated by Law Number 4 of 1996 concerning Mortgage Rights. In this investigation, a normative research method was employed, focusing on the examination of legislation through specific case studies. Findings from this study indicate that legal protection for auction winners is divided into two categories: preventive and repressive. Preventive protection aims to ensure legal security during the acquisition period, while repressive protection is implemented after the purchase through actual execution or forcible removal of the auctioned object. This protection is regulated in the Minister of Finance Regulations and HIR Provisions. The implication of this research is the importance of upholding the rights of the auction winner based on applicable regulations to ensure fairness in the mortgage rights execution process.
PERLINDUNGAN TERHADAP TRANSAKSI YANG MENGGUNAKAN CEK KOSONG Agung Williyas, Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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This research aims to examine problems regarding transactions using Blank Checks. The research method used by the author is normative legal study through literature study with a legislative approach. The research results show the consequences and legal remedies that occur when carrying out a Blank Check transaction. Checks are one of the securities regulated in the Commercial Code, the use of checks is increasing every day, checks are starting to be widely used because they are considered easy to use and provide a sense of security for the check issuer. However, there are many misuses of check issuance by issuing blank checks. The implication of this research is the importance of upholding rights in transactions using checks based on applicable regulations.

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