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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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PENYELESAIAN KONFLIK PERBATASAN INDONESIA-TIMOR LESTE DALAM KONTEKS POLITIK TATA RUANG Yohanes Arman, Junaldo Klau, Kaldianus Uruk
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

The border space as a development resource has a strategic position, because space is a place where the natural resources are at once as a container where the various activities. Various activities that take place in a space generally are social, political, and economic activities that have unequal economic limitations and opportunities. The limitations and inequalities in these occasions often have a positive or negative impact on other activities, or in other words space has the potential to create disagreements between the activities of one sector and the other. Henri Lefebvre asserts that there are three sets of concepts of how a social space is produced, namely: spatial practice, spatial representation and space of repression. All interested parties will continue to seek to dominate the use or utilization of a space and reproduce all the knowledge to maintain their hegemony over the use of the space. In other words, the common space will always adjust the interests of capital in order to guarantee the relations or production and reproduction that are capitalistic. Using descriptive-qualitative research methods, this study shows that conflict resolution at the border has not prioritized the existing social ethics in border areas and the government often negates local forces in the border areas. Using descriptive-qualitative research methods, this study shows that conflict resolution at the border has not prioritized the existing social ethics in border areas and the government often negates local forces in the border areas.
PERAN PENYIDIK DALAM PENEGAKAN HUKUM PEMBELAAN TERPAKSA (NOODWEER) DIHUBUNGKAN DENGAN PASAL 49 (1) KUHP PADA PERKARA KEPOLISIAN POLRESTA SERANG KOTA Tommy Hidayat; Haidan Angga Kusumah
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

  This research aims to find out how the role of the police in imposing suspect status on crime victims and to find out the elements of protection and the elimination of punishment before police investigators sentence crime victims as suspects. The method used in this research is qualitative method. This research was conducted at Serang City Police Station which is located at Jl. Ahmad Yani No.64, Cipare, Kec. Serang, Serang City, Banten 42117. And at the Serang City District Attorney's Office which is located at Jl. Raya Pandeglang Blok Cipare No.11, RT.1/RW.17, Cipare, Kec. Serang, Serang City, Banten 42117. Data collection techniques in this research are observation, interviews, documentation and literature study. The data analysis technique used in this research is the case method analysis technique and descriptive analytical research typology. The results showed that the police play a role in collecting sufficient evidence to determine the extent of each individual's role in a criminal offense, both as the main perpetrator and as a participant and are responsible for conducting in-depth investigations to prove the involvement of each person in the criminal offense committed. In Muhyani's case, based on the investigation by the prosecutor at the prosecutor's office, it was found that there was an element of noodweer, namely coercion as a form of self-defense by protecting his property and protecting his soul. Therefore, Muhyani was not convicted.  
PENEGAKAN HUKUM PERATURAN DAERAH KABUPATEN SUKABUMI NOMOR 4 TAHUN 2019 TENTANG KAWASAN TANPA ROKOK DALAM ANGKUTAN UMUM Reinaldy Rodiana Dachlan; Agus Rasyid Chandra Wijaya
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

A Non-Smoking Area is a space or area declared to be prohibited for all activities related to smoking such as consuming, producing, selling, advertising, and./or promoting tobacco products. Meanwhile, law enforcement is a series of real actions taken to execute the function of legal norms. This study aims to understand how the law enforcement of Sukabumi Regency Regional Regulation Number 4 of 2019 concerning Non-Smoking Areas in Public Transport is implemented. The type of research conducted is empirical juridical, which is legal research on the application or implementation of normative legal provisions in action in each specific legal event that occurs in the community. This research was conducted at the office of the Civil Service Police Unit of Sukabumi Regency and the Office of the Health Service of Sukabumi Regency. Data collection techniques used interviews and questionnaires. From this Study, it can be concluded that in terms of Lawrence M. Friedman’s Legal System Theory, the enforcement of Sukabumi Regency Regional Refulation Number 4 of 2019 concerning Non-Smoking Areas in Public Transport is “Not Effective” due to several factor that hinder law enforcement implementation by law enforcement officers such as human resources, facilities, financial resources and the legal culture of the community which is not yet good.  
PENYELESAIAN SENGKETA BATAS LAUT ANTARA INDONESIA-MALAYSIA (KASUS PERBUTAN PULAU SIPADAN DAN LIGITAN) Yohanes Arman, Mathilda Karmenita, Defi Marsela Payung, Arnoldus Bramantio Siwe
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

The dispute between Indonesia and Malaysia relates to the islands of Sipadan and Ligitan, with Malaysia considering the islands of Sipadan and Ligitan to be part of its national territory. Indonesia's position was that it initially wanted to take this matter through the ASEAN High Council, but eventually agreed to resolve this dispute through the International Court of Justice. For this reason, there is a need for a political system that regulates relations between neighboring countries on the surface Earth. This research is normative legal research with a legal case-based approach. By observing various laws related to state territorial boundaries. Regarding the case of Sipadan and Ligitan islands before the International Court of Justice, both parties, both Indonesia and Malaysia, have done persuasive work and convinced the International Court of Justice that they have the right to own the two islands. The ICJ ruled that Malaysia had the right to the islands of Sipadan and Ligitan.
SENGKETA ANTARA INDONESIA DENGAN TIMOR LESTE DI KAWASAN NAKTUKA Yohanes Arman; Servasius T Seran; Maria Stellamaris Werena Tupen; Maria Andriani Rosari Corebima
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

The determination of state boundaries with opposing countries or adjacent countries certainly needs to be resolved immediately. Likewise with the State of Indonesia which is a land-based country. Determination of maritime boundaries will have consequences for the jurisdiction, sovereign rights and sovereignty of a country. Likewise, with the determination of land boundaries between the State of Indonesia and the State of Timor Leste in the Naktuka Area, a series of actions or steps need to be taken that lead to resolving the dispute, considering that the Naktuka Area is included in the Sovereignty of the State of Indonesia and on the other hand the State of Timor Leste has taken deviant actions.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP BARANG YANG TIDAK SESUAI PADA APLIKASI JUAL BELI ONLINE (FACEBOOK) DITINJAU DARI UNDANG-UNDANG RI NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI KOTA SUKABUMI Siti Syarah Nuraisyah; Asti Sri Mulyanti
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to find out the legal protection for consumers in transactions using Facebook media based on Law Number 8 of 1999 concerning Consumer Protection and to find out the legal remedies that consumers can do when they suffer losses due to transactions made through Facebook media. The method used in this research is a qualitative method. The type of research used by the author is normative juridical research. The type of research used by the author is descriptive research. As a normative legal research, the approach used is the  statutory approach. The data collection technique in this research is literature study. The results showed that the legal protection of consumers in Facebook online transactions based on Law Number 8 1999 concerning consumer protection is as in Article 4 of the Law on Consumer Protection which states that consumers are entitled to compensation or replacement if the goods or services received are not in accordance with the agreement or not as they should be. Then the results showed that the legal efforts that consumers can make if they experience losses due to buying and selling goods online on social media Facebook consumers can report the incident to the Facebook platform itself, although Facebook does not directly handle reporting disputes can help prevent similar events in the future. If consumers are harmed by a large amount, consumers can get legal assistance from the Non-Governmental Consumer Protection Agency (LPKSM) and can also report to the Consumer Dispute Resolution Agency (BPSK) to process dispute resolution using conciliation mediation and arbitration.  
PERLINDUNGAN HUKUM TERHADAP SISWA KORBAN KEKERASAN SEKSUAL OLEH OKNUM GURU SMP DI TINJAU DARI PASAL 54 AYAT (1) UU NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Sukmawati Rahayu; R. Eriska Ginalita Dwi Putri
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to find out how legal efforts are given in handling cases of sexual violence committed by unscrupulous teachers in the school environment and to find out the considerations of the Panel of judges in deciding the case in case number 123/Pid.Sus/2023/PN SKB. The method used in this research is a qualitative method. The type of research used by the author is normative juridical research. The data collection technique in this research is literature study with the main data source is the criminal law code. The results showed that the perpetrator was guilty of committing an act of sexual violence against a minor victim in an educational unit environment where the perpetrator was declared a subject teacher at a junior high school (Sekolah Menengah Pertama) who should protect his students to gain knowledge in an educational unit environment, this case violated Article 82 paragraph (2) of Indonesian Law No. 17 of 2016 concerning the Stipulation of Government Regulations in Lieu of Law no. 1 of 2016 concerning the Second Amendment to the Law on Education. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection into Law Jo Article 76E of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection jo Article 65 paragraph 1 of the Criminal Code, as well as the decision made by the panel of judges did not refer to the Law which states that a child under 18 years old is a protected child, Where this is stated in Law Number 35 of 2014 concerning child protection, and in article 54 paragraph (1) of Law Number 35 of 2014 states that “children in the education unit environment must receive protection from acts of physical, psychological violence, sexual crimes, and other crimes committed by educators, educators, fellow students and or other parties.”  
PERBUATAN MELAWAN HUKUM MENGENAI PENCABUTAN KUASA OLEH PEMBERI KUASA SECARA SEPIHAK BERDASARKAN PASAL 1814 KUHPERDATA Alma Rizqi Agisti; Temmy Fitria Alfiany
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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Abstract

This research aims to find out the legal consequences of unilateral revocation of power of attorney by the power of attorney grantor and to find out the legal considerations of the judge in deciding Decision No. 2/Pdt.G/2022/PN Skb. The method used in this research is a qualitative method. The type of research used by the author is normative legal research with a Decision Study Approach and a Legislation Approach. The data used in this research is secondary data, which is obtained through the collection of library materials from various sources relevant to the research problem. The data collection methods in this research are literature study and decision study. The results show that the consequences of unilateral revocation of power of attorney by the client can affect the fulfillment of rights and obligations agreed upon in the agreement. If the client as the power of attorney does not fulfill its obligations, this can lead to disputes because the revocation causes losses to the advocate as the recipient of the power of attorney. Losses that can occur include material losses that can be calculated with nominal money, and immaterial losses that cannot be calculated with nominal money. The two losses above when there is a default or unlawful act. As well as the consideration of the panel of judges that the arguments of the plaintiff's exception cannot be accepted because they cannot be proven before the trial.
PENEGAKAN HUKUM KEIMIGRASIAN TERHADAP WARGA NEGARA ASING DALAM PENYALAHGUNAAN VISA IZIN TINGGAL YANG MELEWATI BATAS WAKTU (OVERSTAY) DI WILAYAH KOTA SUKABUMI Dimas Leo Vernandho; Ujuh Juhana
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

The development of globalization has led to increased movement of people, goods, and services between countries, making it easier to cross borders for various human activities such as trade, tourism, and industry. While this has positive effects, it also brings negative consequences, such as the emergence of issues related to the legal or illegal movement of people, often accompanied by offenses and crimes, which are commonly referred to as immigration violations. The high number of foreign nationals overstaying their residence permits highlights the need for effective law enforcement to reduce such violations. Law enforcement efforts can be pursued through monitoring and enforcement measures as outlined in the Immigration Act No. 6 of 2011. This study employs empirical juridical research with a qualitative approach, utilizing data collection methods such as literature reviews, interviews, and observations. The study concludes that immigration law enforcement against foreign nationals who overstay their visas is not sufficiently effective, due to factors such as limited human resources in immigration offices and a lack of reports from the local community. To address this, immigration authorities should conduct outreach to educate the public on how to report suspicious activities involving foreign nationals.
PEMBANGUNAN RUMAH DERET DALAM KEDUDUKAN HUKUM ( STUDI KASUS DI RW 11 KELURAHAN TAMANSARI, KECAMATAN BANDUNG WETAN, KOTA BANDUNG ) Muhamad Fariq Kalam; Agus Rasyid Chandra Wijaya
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
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Abstract

This research is motivated by the disagreement between the Bandung City Government and the residents of RW 11 Tamansari Village, the Indonesian Government is trying to realize a program related to the recovery of slums. This research aims to explain how the efforts of RW 11 residents to reject the process of row house construction in the rule of law and to find out the legal certainty of RW 11 Tamansari residents in the construction of row houses. The method used in this research is a qualitative method with a descriptive approach. Data collection techniques in this research are observation, interview, and documentation. The results showed that residents refused because in terms of land ownership, the land in RW 11 Tamansari Village was not a regional asset and in legal certainty in the problems of residents of RW 11 Tamansari Village there were many violations of the rules that had been set, then the Bandung City Government ignored the rules themselves based on the incompatibility of Perwal No. 665 of 2017 to the process of building this row house.  

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