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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 27 Documents
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Search results for , issue "Vol. 3 No. 4 (2024): NOVEMBER" : 27 Documents clear
LEGAL DRAFTING UNTUK PERUBAHAN HUKUM: TANTANGAN DAN SOLUSI DALAM PENYUSUNAN REGULASI DAN UNDANG-UNDANG YANG ADAPTIF Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract This study examines two key case studies in legal regulation to illustrate successes and failures in legal drafting: the implementation of the General Data Protection Regulation (GDPR) in the European Union and the proposed Stop Online Piracy Act (SOPA) in the United States. GDPR is praised as a successful example of regulation that has adapted to technological changes and privacy needs, thanks to its flexible and responsive design. In contrast, SOPA failed due to its perceived overreach, which could potentially threaten freedom of speech and innovation on the internet. The failure of SOPA highlights the importance of considering the broad implications of technology and social norms, as well as the need for active involvement from various stakeholders in the lawmaking process. Findings from both cases underscore the need for flexibility and participation in legal drafting to create effective and relevant regulations. This research provides insights into how a multidisciplinary approach and stakeholder engagement can enhance regulatory effectiveness in addressing modern challenges.
IMPLEMENTASI PENEGAKAN HUKUM KEPOLISIAN PADA PENGAMANAN UNJUK RASA YANG MENGAKIBATKAN TINDAKAN ANARKIS DI KOTA TERNATE Gunawan Hi Abas; Muh Yani Renwarin
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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The purpose of the study was to determine the implementation of police law enforcement in securing demonstrations that resulted in anarchic actions in the city of Ternate, and to determine what efforts and obstacles were in implementing the handling of demonstrations carried out by students that ended in anarchy. The study was conducted at the Ternate City Police. To achieve these objectives, the author used data collection techniques in the form of interviews and requested data from related parties. The research used was qualitative descriptive research, namely research conducted to obtain secondary data and materials related to research obtained from various sources. The results of this study indicate that the implementation of police law enforcement has three stages, namely persuasive, preventive and repressive. The three things that are most dominantly carried out by the police are persuasive and preventive in other words the approach in the form of negotiation, however, repressive actions can be carried out if the escalation of the protesters has led to unlawful acts. Then there are two things that hinder, namely: Internal factors, there are police officers in the field who do not understand the main duties of the police and acts of arrogance and overacting, then external factors, the protesters are out of control, the ratio of police officers is not balanced with protesters, then the community mixes with the protesters. In addition, field conditions are different from theoretical conditions, which makes it difficult to apply the principle of presumption of innocence to a demonstration that is running anarchically and the demonstrators behave brutally, making the principle of presumption of innocence difficult to apply.
PERAN PEMERINTAH DALAM PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT DALAM PROSES PEMBERIAN UANG GANTI RUGI PENGADAAN TANAH DI IBU KOTA NUSANTARA (IKN) YANG DITITIP DI PENGADILAN (KONSINYIASI) Andri Pranata; Tajuddin
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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One of the decisions that is quite phenomenal in Indonesia at the moment is when the Government of the Republic of Indonesia decided to move the State Capital from Jakarta to East Kalimantan. The move of the capital city is expected to level development and reduce the pressure of population density and moving the capital city is also considered a step to increase resilience. against natural disasters. Jakarta is vulnerable to flooding and land shrinkage, while the new location in East Kalimantan is considered safer from these risks. Apart from that, moving the capital city is considered an opportunity to build new infrastructure and spur economic growth in the region. Meanwhile, the reason for those who refuse is that moving the capital city is a large project that requires significant financial investment and human resources. The land acquisition process will never be separated from the issue of compensation, so research needs to be carried out first on all information and data submitted in making an estimate of compensation. If an agreement has been reached regarding the form and amount of compensation, then payment of compensation will be made and then continued with the release or transfer of rights to the land concerned. In principle, the government in this case should provide facilities to the community concerned in providing legal aid services to deal with judicial process in receiving compensation money entrusted, because morally the government in this case has the responsibility to provide legal protection for its people. Don't just take the land and then leave it to solve its own problems. Moreover, the government actually has many components that can be used to provide legal aid services. This research is normative legal research. Currently, the role of the Regional Government in providing legal assistance to the community in the process of providing compensation money for land acquisition in the Indonesian Capital City (IKN) which is entrusted to the court (consignment) does not yet exist and in efforts to provide legal assistance to the community those affected are: Complicated administrative processes and incomplete documents often become obstacles, Social and Communication Problems due to lack of socialization and education to the community regarding their rights and land acquisition procedures causing misunderstanding and conflict, Legal processes in court that take time and money become a burden on society. Apart from that, limited access to legal aid institutions or experienced advocates is also a major obstacle.
TINJAUAN VIKTIMOLOGI TERHADAP ANAK KORBAN KEKERASAN SEKSUAL SESAMA JENIS BERDASARKAN PUTUSAN NOMOR : 119/PID.SUS/2023/PN. Tjk. Rafiqo Mauli Novita; I Ketut Seregig; Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Referring to national data in the Online Information System (SIMFONI PPA), cases of sexual violence against children have increased over the past few years, namely in 2019 the number of cases of violence against children was recorded at 11,057 cases and increased by 11,278 in 2020. Then, a significant increase occurred in 2021, which reached 14,517 cases, until 2022 the number of sexual violence reached 16,106 cases. In Lampung Province, data on sexual violence against children in 2021 reached 681 cases, in 2022 it decreased to 600 cases, but in 2023 it again increased, reaching 696 cases. This series of data suggests that Indonesia is known as a polite nation, but the rate of sexual violence in this country is quite high. This situation further strengthens the assumption that Indonesia, especially Lampung Province, is in a state of sexual violence emergency. Currently, cases of sexual violence against children are not only focused on girls, boys are often victims of sexual crimes byperpetrators who have disorders or deviations. sexual. Sexual violence committed against children can be seen from a victimology perspective. Victimology is a complement or refinement of existing theories of criminal etymology according to the actual proportions dimensionally. The aim of this research is to discuss how victimization results in children becoming victims of same-sex sexual violence. Thisresearch uses qualitative methods and case study research type, using the theory put forward by Stephen Schafer, a criminologist and sociologist, where the focus of thetheory that the author uses in this research is victim typology theory, this theoryexplains how victims are consciously or unconsciously contributed to thevictimization he suffered. From this problem, researchers see several aspects that cantrigger victims. Apart from that, the role of the government, community institutionsand parents is needed to combat child predators and provide countermeasures forchild victims of sexual violence.
AMBIGUITAS HUKUM : PERATURAN KEMENTERIAN PENDIDIKAN, KEBUDAYAAN, RISET DAN TEKNOLOGI NO. 30 TAHUN 2021 Sandiwan Putra Bintang Anugrah; Andyra Fathur Rizky; Ahcmad Maulana Rafit Arik
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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Cases of sexual violence in Indonesia continue to increase every year, not only among adults but also among teenagers, children and even toddlers. This phenomenon is a global problem that occurs in almost every country. In response to the increase in cases of sexual violence, the Ministry of Education and Culture issued Ministry of Education and Culture Regulation no. 30 of 2021 to prevent and handle sexual violence in the campus environment. Universities as educational institutions have a responsibility to create an environment free from violence in any form. The impact of sexual violence is very bad, so prevention and handling must be taken seriously. Patterns of sexual violence on campus can involve various parties, including students, lecturers and educational staff. The university formed a Sexual Violence Prevention and Handling Task Force to handle these cases and carry out outreach and counseling via social media. It is hoped that with these steps, the academic community will have a better understanding of preventing and handling sexual violence.
GUGATAN PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH MANTAN REKTOR YANG DI BERHENTIKAN SEBELUM MASA JABATAN BERAKHIR: (Studi Putusan Nomor: 2/Pdt.Sus-PHI/2023/PN Tjk) Kris Chandra Aldyanto; I Ketut Seregig; Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Indonesia is a legal state, which contains all kinds of rules to improve the welfare of society. Indonesian citizens to fulfill their daily living needs by working. The fields of work in Indonesia are very diverse, ranging from farmers, fishermen, factory workers and so on. Recently there was a problem in Indonesia with the outbreak of the Covid-19 disease, which had many impacts on the citizens of the country, one of which was the economy. At that time, there were massive layoffs from entrepreneurs to their workers, giving rise to increased unemployment and poverty in Indonesia. During layoffs, many employees also file a lawsuit against their workplace to obtain justice in terms of severance pay, or work wages. This continues to happen to this day, there are still many entrepreneurs who behave abusively towards their employees so that many employees are fighting against the law.
PERTANGGUNGJAWABAN TINDAK PIDANA PENGGELAPAN DALAM JABATAN PADA PERSEROAN TERBATAS (PT) KARYA TRANPORTASI ABADI: (Studi Putusan Nomor : 137/Pid.B/2023/PN Kla) Shalsha Berliana; Lintje Anna Marpaung
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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A crime is an act or deed of a person that violates criminal law. Violations that are often committed in an agency usually refer to embezzlement, where the criminal act of embezzlement is an action that is directly related to a person's morals which is carried out intentionally and is against the law. ownership of an item that is the property of another person within his or her control. The criminal act of embezzlement in office is included in Article 374 of the Criminal Code, this is because the person who commits this act aims to benefit himself, namely by abusing the authority he has, with the object being goods or property belonging to another person. The problem of this research is the factors that cause perpetrators to commit criminal acts of embezzlement in office at PT Karya Tranportasi Abadi as well as what criminal responsibility there is for perpetrators of embezzlement in office at PT Karya Tranportasi Abadi. This research method uses a normative and empirical juridical approach. The sources and types of data used are primary and secondary data. Data collection through library research (Library Research) and field research (Field Research). Data processing is carried out by selecting and checking the data obtained for its completeness, as well as classifying or grouping the data systematically. The data analysis used is qualitative juridical. The results of this research can be concluded that there are two main factors that cause the crime of embezzlement in office in a limited liability company, namely economic factors and opportunity factors, the perpetrator feels pressured by the needs and desires of his wife and then gets the opportunity because he has more power so this action occurs. Then for criminal responsibility in this case the judge decided to sentence the defendant to prison for one year and three months as stated in Decision Number 137/Pid.B/2023/PN Kla.
TINJAUAN MENGENAI PROSES PENYELESAIAN TERHADAP PENETAPAN SENGKETA HASIL PEMILIHAN SERENTAK BAKAL CALON KEPALA DESA YANG DIANGGAP MELAKUKAN PERBUATAN MELAWAN HUKUM: (Studi Putusan Nomor: 12/Pdt.G/2023/PN Kbu) Refi Shely Ristianti; Lintje Anna Marpaung
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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An unlawful act is an act that violates statutory regulations, an act that conflicts with the rights of another person, an act that causes harm to another party, and of course the party who commits the act must compensate the party who has suffered the loss. Article 26 of Law Number 6 of 2014 concerning Villages explains that the duties of the village head are to organize village government, carry out village development, empower village communities, and develop the lives of village communities. The formulation of the problem in this research is what forms of unlawful acts were committed by the defendant in the process of simultaneously selecting village head candidates and how the judge considered them in resolving disputes over the election results. The research method uses a normative juridical approach, namely research carried out by reviewing applicable legislation and an empirical approach carried out by looking at the reality in the field, in the form of interviews to be applied in order to answer problems related to the research problem. The results of this research show that the form of unlawful action that occurred in Decision Number 12/Pdt.G/2023/PN Kbu was because there was a mistake made by the defendant to the plaintiff, namely by providing additional selection of village head candidates outside the provisions relating to procedures for selecting heads. villages that have been regulated in the North Lampung Regent's Regulations. Then the judge's consideration in deciding the case in Decision Number 12/Pdt.G/2023/PN Kbu was that the lawsuit made by the plaintiff did not meet the formal requirements and the judge decided that the lawsuit could not be accepted. This is based on the exception submitted by the defendant, namely explaining that the district court has no authority or absolute competence, the plaintiff's claim is error in persona, the plaintiff's claim is vague (Obscuur Libel) and the petitum of the plaintiff's claim is unclear.
ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KORBAN LUKA BERAT Rangga Fahbri Haryanata; M Sifa Fauzi Yulianis
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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The purpose of this study is to discuss and analyze the application of material criminal law to the criminal act of persecution that results in serious injury to the victim and discuss and analyze the supporting and inhibiting factors in the application of material criminal law to the criminal act of persecution that results in serious injury to the victim. Research includes normative legal research. The results showed that: a) The application of material criminal law to the criminal act of maltreatment resulting in serious injury to the victim, namely referring to Article 354 of the Criminal Code which indicates that whoever intentionally seriously injures another person, is threatened with severe maltreatment with a maximum imprisonment of eight years; and b) Supporting factors in the application of material criminal law to criminal acts of persecution that result in serious injury to victims, namely the existence of regulations governing the settlement of criminal acts and the existence of a clear legal basis. If there is no legal basis governing the settlement of crimes in the police, the police will not resolve the crime of maltreatment resulting in serious injury to the victim will be forwarded to the court. Meanwhile, the inhibiting factor in the application of material criminal law to the criminal act of persecution that results in serious injury to the victim is the ever- changing mode of the perpetrator and the silence carried out by the suspect.
SISTEMATIKA PENDAFTARAN HAK ATAS KEKAYAAN INTELEKTUAL (HAKI) DALAM BIDANG PATEN Elsi Kemala Putri, Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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A patent is an exclusive right granted by the state to an inventor for the results of his invention in the field of technology, who for a certain period of time implements the invention himself or gives his consent to another party to implement it. Almost all areas of life have used advanced technology, both technology originating from within the country and technology originating from abroad. For this reason, it is necessary to have regulations in the field of patents which regulate: Terms and definitions relating to patents, terms, procedures, time periods, forms of protection, rights and obligations of patent holders, licenses, expiration of licenses, provisions regarding royalties, and others. This is used as a reference in carrying out patent-related activities in Indonesia so that it can provide legal protection for inventors. Protection is needed as: A form of appreciation, recognition, guarantee based on a sense of justice and worthiness of all abilities and efforts, so that they are motivated to continue working for a better future for the nation and state. Even though Indonesia already has laws and regulations in the field of patents and has ratified international agreements regarding patents, problems still occur. The occurrence of these problems is influenced by various factors, including: those related to legal structure, legal substance and legal culture.

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