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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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PERTANGGUNGJAWABAN NAZHIR ATAS PENGELOLAAN TANAH WAKAF YANG TIDAK SESUAI DENGAN ASAS UU NO 41 TAHUN 2004 TENTANG WAKAF : (STUDI KASUS DI TANAH MESJID AL-MUHAJIRIN) Hikmah Fauziah, Hasballah Thaib, Zamaksyari Bin Hasballah, Utary Maharany
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Management of waqf land is a very important responsibility for the nazhir, which is regulated by Law no. 41 of 2004 concerning Waqf. Waqf plays a crucial role in people's lives, both from a social, economic and religious perspective. The land of the Al-Muhajirin Mosque as an object of study in this context highlights the complexities and challenges that nazhir may face in carrying out their obligations in accordance with the principles established by the waqf law. This research examines the problem, how to apply the principle of legal responsibility to waqf nazhir who manage waqf land, seen from Law no. 41 of 2004 concerning Waqf and Islamic Law? What are the nazhir's obstacles in carrying out his obligations to manage waqf land in terms of Law no. 41 of 2004 Concerning Waqf? What sanctions are given to Nazirs who do not carry out their obligations in accordance with the law? This research method uses a type of normative legal research (normative juridical) which is descriptive analytical in nature. The data sources used in research using the normative juridical approach method are secondary data using legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials using library research data collection techniques and field research, namely a research carried out systematically by collecting existing data in the field. Nazir waqf research results must be held accountable in accordance with Law no. 41 of 2004 and principles of Islamic law. They must carry out their duties carefully, both legally and socially. However, obstacles such as the illegal appointment of the BKM Chair and the lack of human resources at the Al-Muhajirin Mosque can hamper the efficiency of waqf management. Sanctions for nazhir who violate obligations can be in the form of warnings, revocation of mandates, or administrative sanctions such as fines. Mistakes in waqf management can have serious consequences because they involve assets entrusted to them.
TANGGUNG JAWAB HUKUM BAGI NOTARIS YANG DIJATUHI PIDANA TERHADAP BERKAS YANG MASIH DIPROSES Muhammad Yuhdi Ilhaqh, Suprayitno, Mahmud Mulyadi, Marlina
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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A notary is a public official who has the authority to make authentic deeds in accordance with Article 1 number 1 of Law Number 30 of 2004 concerning the position of notary (UUJN). Notaries who violate statutory provisions must be held civilly, administratively or criminally responsible according to their actions. Article 13 UUJN only regulates the dishonorable dismissal of Notaries who have been sentenced to permanent legal penalties of more than 5 years or more, whereas Notaries who have been detained or sentenced to less than 5 years can be temporarily dismissed and submission of the notary protocol can only be handed over to the appointed Notary in the event of dismissal. while more than 3 months according to Article 63 paragraph (3) UUJN. The type of research used in this research is normative, this research is analytical descriptive. The data used to answer the problems in the research are secondary data sources. Data collection was carried out using library research. This research used qualitative data analysis. For a Notary who is being sentenced to a crime or is undergoing a period of temporary suspension, the Notary is not authorized to carry out his duties and position so that the file/deed cannot be made and if it is made then the file/deed will be invalid because the authority of the notary is revoked. The authority and position of a Notary who has been temporarily suspended can be restored and returned to being a Notary and carry out his/her position if the temporary suspension period has ended, this is in accordance with Article 10 paragraph (2) UUJN. The authority and position of a notary who is a suspect in a criminal case is not necessarily suspended forever. However, it is best as a notary to carry out his duties honestly and follow both UUJN and applicable regulations. There needs to be clearer regulations regarding files that are still being processed if the notary is sentenced to a crime. It would be good if the notary with suspect status is given a temporary suspension, even if it does not reach 3 months, so that the notary becomes more careful in carrying out his duties.
PENYELESAIAN SENGKETA PERBATASAN TERKAIT STATUS KEPEMILIKAN BLOK AMBALAT ANTARA INDONESIA DAN MALAYSIA Monika Ivana Pretty Key; Yohanes Arman; Meryana Susi Paula Bere; Shelvia Sipa Hekin
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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This study aims to determine: (1) Status of ownership Ambalat Block viewed from International Law. (2) Way of settlement of dispute between Indonesia and Malaysia related to Pengklaiman Ambalat Block. The method used in this research is the method of normative law with the approach of law, Historical Approach and Approach fact. The sources of legal materials used in this study are primary,secondary, and tertiary materials. Legal analysis used From the research results indicate that, (1) Ambalat Block which claimed by Indonesia and Malaysia belongs to Indonesia based on Djuanda Declaration of 1957 followed by Prp. 4/1960 on Indonesian sea . Law no. 17 of 1985 which has been ratified by Indonesia Law No.6 of 1996 on Indonesian waters, Government Regulation no. 38 of 2002 on the Geographic Coordinates list of the points of the archipelagic lines of the archipelago and the government regulation no. 37 of 2008 About Amendment to Government no. 38 of 2002 on the List of Geographical Coordinates of the points of the archipelagos of the archipelago. While Malaysia is just an ordinary coastal state that is only justified to draw a normal base line (regular) and straight line base if it meets the requirements. (2) The settlement of a dispute related to the claiming of Ambalat Block between Indonesia and Malaysia shall be conducted under Articles 1, 2 and 33 of the UN Charter on the settlement of disputes peacefully by way of negotiations.
KEPASTIAN HUKUM BAGI KORBAN TINDAK PIDANA MANIPULASI DATA OTENTIK DALAM KASUS KEJAHATAN CYBER PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN : (Studi Putusan 786/Pid.B/2022/PN Jkt.Sel) Bambang Hartono, Suta Ramadhan, Nathaniel Benecia Simanjuntak
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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Forgery comes from the word fake which means "inauthentic, illegitimate, imitation, fake, while forgery is still from the same source defined as the process, method, act of counterfeiting". Factors causing perpetrators to commit criminal acts of manipulating authentic data in Cyber ​​crime cases decided by the South Jakarta District Court (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). and Criminal Responsibility of Perpetrators of Criminal Acts of Manipulating Authentic Data in Cyber ​​Crime Cases South Jakarta District Court Decision (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). The research method used in this thesis research is a normative juridical approach and an empirical approach. Based on the research results obtained, it can be concluded that the factors causing the perpetrator to commit the crime of manipulating authentic data in the cyber crime case, the decision of the South Jakarta District Court (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). influenced by bad economic factors alone are the main factors causing criminal acts of forgery of letters, but the presence of human greed and weak individual faith and morals are also the driving force for criminal acts of forgery of letters committed by the perpetrators. and Criminal Responsibility of Perpetrators of the Crime of Manipulating Authentic Data In the Cyber ​​Crime Case Decision of the South Jakarta District Court (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). which was imposed by the defendant with a prison sentence of 1 (one) year, lighter than the demands of the Public Prosecutor who demanded that the defendant be imprisoned for 2 years.
PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA DALAM PENYEBARAN FOTO DAN VIDEO ASUSILA MELALUI MEDIA SOSIAL: (Studi Putusan Nomor: 429/Pid.Sus/2022/PNTjk) Opan Saputra, I Ketut Seregig, Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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Immoral crime is an act that deviates from the norms of decency which describes the actions and views of the harasser to the person being harassed where the views are humiliating,demeaning or worthless. Research problems regarding the criminal causes of theperpetrators of spreading immoral photos/videos through social media and the criminalresponsibility of the perpetrators of spreading immoral photos/videos through social media.The research method uses: 1. a normative juridical approach carried out by studying normsor rules, 2. an empirical approach carried out by interviewing informants. The causativefactor was that it was true that the perpetrator did not accept it because the witness-victim wanted to end his romantic relationship with the perpetrator, so without the permission andknowledge of the witness-victim, the perpetrator spread the immoral pictures/photos/videosof the witness-victim. Criminal responsibility for the perpetrator has fulfilled all the elementsin accordance with the indictment by the public prosecutor with an alternative form ofindictment to Article 27 paragraph (1) of the ITE Law, so the Judge imposes a sentence onthe perpetrator with imprisonment for 3 (three) years and a fine of IDR 1 ,000,000,000.00(one billion rupiah) if the fine is not paid then it is replaced by imprisonment for 4 (four)months. The judge's decision is appropriate and ensnares the perpetrator so that he does notrepeat his actions in the future, and creates a deterrent effect on the perpetrator.
IMPLEMENTASI ASAS KEHATI-HATIAN DALAM PERLINDUNGAN DATA PRIBADI BERDASARKAN UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI DI ERA DIGITAL 5.0 Andri Pranata, Agustinus Arif Juono, Binarida, Aullia Vivi Yulianigrum
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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In the digital era, personal data protection has become a crucial aspect to maintain social stability and public trust. This article examines the implementation of the principle of caution in personal data protection in Indonesia based on Law Number 27 of 2022 concerning Personal Data Protection. This research uses a normative method with a conceptual and legislative approach, supported by descriptive-qualitative analysis. The results show that despite the regulations being implemented, there are still several obstacles such as lack of understanding, technological limitations, high costs, shortage of experts, and suboptimal coordination between institutions. To overcome these obstacles, efforts are needed to increase education and socialization, invest in security technology, train experts, and enhance coordination between related institutions. Thus, personal data protection in Indonesia can be more effective in facing the challenges of the digital era.
PERAN PEMKOT SAMARINDA DALAM MEWUJUDKAN TAMAN SEJATI SEBAGAI RUANG TERBUKA HIJAU YANG BERKEARIFAN LOKAL Robin Dana, Sadam Kholik, Aullia Vivi Yulianingrum
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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The importance of the existence of Green Open Space (RTH) in urban areas is undeniable. From the view of many experts, the existence of Green Open Space (RTH) is important for improving air quality in urban areas, regulating urban microclimate, sweeping dust in urban areas, reducing noise, supporting water management systems in urban areas, supporting germplasm preservation, as well as supporting urban use and management. land preservation. The aim of this research is to find synchronization of the role of the Samarinda City Government's policies in efforts to realize Taman Sejati as a Green Open Space with local wisdom for the Samarinda City Community. The local wisdom of living communities needs to be actualized and strengthened in the form of regulations by the Regional Government of Samarinda City in the form of regional government policies so that it can be accepted in plural and heterogeneous society. Taman Sejati as a green open space that embodies local wisdom can be used as a model for protecting, maintaining and preserving the natural resources of Samarinda City.
PEMBANGUNAN KAWASAN PERBATASAN INDONESIA DENGAN NEGARA MALAYSIA DI WILAYAH KECAMATAN BADAU KABUPATEN KAPUAS HULU Yohanes Arman, Esmeralda Magdalena Da Costa, Ni komang Enjel Prawiantari, Stanislaus Defretin Parlan
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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This thesis researching the problems Indonesia Border Area Development In Malaysia In Sub Region Badau Kapuas Hulu. From the results of research using normative legal research methods can be concluded: 1. Government Policy in the Kapuas Hulu Development Plan, based on the provisions of Law Number 25, 2004 on National Development Planning System, which produces RPJPD Years 2005-2025, RKPD 2011-2015 and Kapuas Hulu budgeting. Prior to the formation of BNPP, BPP and BPP Provincial District as the implementation of Law Number 43, 2008 on Regional State President Jo Regulation Number 12, 2010 on the National Border Management, Border Area Development Planning Kapuas Hulu become an integral part of RPJPD, RPJMD and RKPD Kapuas Hulu. However, after the formation of BNPP, BPP and BPP Province Kapuas Hulu, border area development planning Kapuas Hulu on Priority Area (Locations Priority) Badau, Puring Kencana, Putusibau North, South Putusibau, Embaloh Hulu, and Trunk Lupar, switch to BNPP. 2. The presence of the Minister of Home Affairs Regulation Number 2, 2011 on Guidelines Establishment of Regional Border Management Agency, which regulates the powers, duties and functions of the Border Management Agency (BPP) BPP provincial and regency/city in Article 6 and Article 7, essentially a government takeover of authority Provincial and Regency / City Government as provided for in Article 11 and Article 12 of Law Number 43, 2008, which led to legal and technical issues in the implementation of border area development Kapuas Hulu aspect of applying the principle of deconcentration, desentraliasai and tasks. 3. Locations Priority Badau is an area that has a superior resource potential for development of local economic activity and encourage regional economic units. Badau strategic position in the border country that has direct access to the East Malaysian state Srawak a driving factor (push factor) for the economic development in the District and surrounding Badau, towards the realization of the border as the front porch Homeland. Further recommended that the Minister of Home Affairs Number 2, 2011 on Guidelines Establishment of Regional Border Management Agency, which regulates the powers, duties and functions of the Border Management Agency (BPP) BPP provincial and district / city to take over the authority of the Provincial Government and District/ City as provided in Article 6 and Article 7 of Law Number 43, 2008, to do a judicial review to the Supreme Court because it is against Article 11 and Article 12 of Law Number 43, 2008 on territory or "Cancel For Law".
PENEGAKKAN HUKUM TERHADAP PELAKU PENGGELAPAN UANG SETORAN DI PT. NIPSEA PAINT AND CHEMICALE CABANG BANDAR LAMPUNG: (Studi Putusan Nomor : 527/Pid.B/2023/PN.Tjk) Nadira; I Ketut Seregig; Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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Law enforcement is related to the notion of "law enforcement" in the narrow word, and the notion of justice in the broad sense is substantive law, namely the upholding of justice. Criminal prosecution means an effort to make law a guideline, both in a narrow formal sense as well as in a broader substantive sense. The research uses a normative legal approach as well as an empirical legal approach. the data source used is secondary data and the type of data used includes secondary data, tersier data and primary data. The process of data analysis is described and analyzed qualitatively, The process of data analysis is described and analyzed qualitatively, and the results of the analysis are interpreted in the form of deductive conclusions, namely answers to problems according to research results. according to the results of the research and discussion that have been presented, the authors are of the opinion that the imposition of a prison sentence of 1 year and 6 months on the defendant is appropriate using the crime committed by the defendant in such a way as a result of which it can cause a deterrent effect. Of course, when deciding on a case, the judge will consider information such as testimony from witnesses and the accused to state what actually happened, the existence of evidence supporting the judge's consideration in imposing sanctions on the defendant, as well as the existence of aggravating and mitigating factors. element. So, the judge also weighed in accordance with Article 374 of the Criminal Code on the crime of embezzlement of office.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENGANIAYAAN TERHADAP ANAK KANDUNG YANG MENGAKIBATKAN MENINGGAL DUNIA: (Studi Putusan Nomor 109/Pid.Sus/2023/PN Kot) Alika Kristinawati; I Ketut Seregig; Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2024): AGUSTUS
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The KBBI defines violence as the actions of a person or group of people that cause physical damage to someone else's property or belongings. Violence is a physical or psychological act committed by a person or group of people intentionally or unintentionally, directly or indirectly, personally or structurally, and often parents commit acts of violence against children with the result that many children experience trauma or could even die. Torture is a violent crime committed on the human body in various forms, resulting in injury or pain to a person's body and even death. In the Criminal Code, the general understanding is that abuse is a criminal act against the human body. This writing is aimed at finding out criminal liability and the factors that cause perpetrators to abuse their biological children which results in their death. The method used in this research is normative legal research and empirical law, namely research whose sources come from books, legislation, journals, interviews and other sources.

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