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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 154 Documents
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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
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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
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Abstract

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
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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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Abstract

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.
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
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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
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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
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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
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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
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Abstract

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.

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