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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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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
Publisher : INTELIGENSIA MEDIA

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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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.
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
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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
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Abstract

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
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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
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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
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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.

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