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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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PERANAN FILSAFAT HUKUM DALAM MEWUJUDKAN KEADILAN Muh. Rizal R. Dekol; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

This paper intends to deepen the study of the role of Legal Philosophy in realizing justice. However, if there is a question of fairness, it cannot be determined what steps are used to determine whether something is fair or not. Various answers about justice are usually never or rarely satisfactory, so they continue to be debated, so it can be concluded that various formulations of justice are relative statements. This problem ultimately encourages many people to take shortcuts by leaving the formulation or justice to legislators and judges who will formulate it based on their own considerations.
FILSAFAT ISLAM NUSANTARA DAN MANIFESTASI KEARIFAN LOKAL Andre Saputra; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Islam Nusantara is a model of thinking, understanding and practicing Islamic teachings packaged through considerations of culture or traditions that developed in the Southeast Asian region (but this study is limited to Indonesia). Thus reflecting a methodological nuanced Islamic identity. When this identity was socialized among Muslims, especially its thoughts, it was responded with controversial responses: there were those who rejected the Nusantara Islamic identity because there was only one Islam, namely Islam taught by the Prophet. On the other hand, many Islamic thinkers accept the archipelago's Islamic identity. For them, there is only one Islam that is substantively correct, but its expressions are very diverse, including Islam Nusantara. This Islam is displayed (thought, understood and practiced) through a cultural approach. The result gave birth to models of thought, understanding and practice of Islamic teachings that are friendly, moderate, inclusive, tolerant, peace-loving, harmonious and respect diversity. This kind of Islamic diversity occurs because of the encounter of Islam with local culture, especially Java, which is commonly called cultural acculturation. Indonesian Islam should be an example of such a way of Islam. This soothing Islamic model needs to be published internationally and is expected to be able to abort the world's perception that Islam is full of violence.
IMPLEMENTASI NILAI-NILAI FILSAFAT HUKUM DALAM PEMBENTUKAN HUKUM DI INDONESIA Almusradin Adha; Rumainur Rumainur
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Legal philosophy in Indonesia has the biggest role in the formation of law in Indonesia. Pancasila as a source of law implies the entirety of regulations and laws, starting from our constitution and all regulations apart from our constitution, of course, placing Pancasila as the basis and foundation of the law. Pancasila is the Indonesian legal system. Therefore, Pancasila is not only known as a philosophy but also known as written law in Indonesia which contains living laws. The problem is how big is the role of Legal Philosophy in influencing the formation of the legal system in Indonesia. This question must be very important to answer. The author tries to examine this problem with normative law in the legal method. The approach taken by the author is taken from several books that contain related problems.
HUBUNGAN FILSAFAT ILMU DENGAN FILSAFAT HUKUM DAN DAMPAK KEMAJUAN TEKNOLOGI INFORMASI Musa Musa; Surajiman Surajiman
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

On the one hand, the philosophy of science can be used as a basis for making legal theory. In this case, legal theory is deliberately designed to be more applicable and able to answer questions of justice in society. Philosophy of science can be the basis for contemplation or thinking strictly, in depth about considering the values behind legal phenomena as can be observed by human senses regarding human actions and social habits. Considering that the object of the philosophy of science is knowledge, the problems or questions discussed by the philosophy of science are related to the benefits of knowledge itself.
PENEGAKAN HUKUM DALAM PUTUSAN HAKIM UNTUK PERKARA YANG MENIMPA MASYARAKAT KECIL Paramitha Ariana; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Along with the development of science and technology from time to time of civilization, humans also experienced changes, and then new problems arose, of course, all of which needed more progressive legal rules to provide balance to these social changes. Nowadays there are often legal cases that refer to "Sharp at the Bottom, Blunt at the Top". To provide a view that often occurs in society, the role of law enforcement is needed to uphold legal certainty and justice, with the intention that the law can apply as fairly as possible to all circles of the Indonesian people.
HUKUM MENYEMBELIH HEWAN UNGGAS ORANG LAIN KARENA MENGGANGGU DAN MERUSAK PERSAWAHAN Fazri Rahmadani
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

This study discusses the law of slaughtering poultry belonging to people because it damages or disturbs rice fields. The research is interesting because events occur in the community and the community does not know the law regarding it, so research is needed. The study used library research methods based on references, literature and books on Islamic fiqh law. Based on the results of the study it was found that the legal origin of slaughtering poultry belonging to other people is unlawful or prohibited. But the law may change according to the circumstances in the field. The similarities with other laws can be related to the law of ownership.
PELAKSANAAN PEMILU DI INDONESIA BERDASARKAN PERSPEKTIF PANCASILA Alvianus Kristian Sumual; Brilliant Johanes Maengko
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Indonesia is a democracy where in its implementation it must adhere to the values that have been advocated in pancasila and the 1945 constitution as the basis of the state. The fourth precept of pancasila in the form of people's values has given birth to a principle called people's sovereignty where the people are the highest holders of sovereignty so that they have rights and obligations in every state administration. Elections are a form or implication of people's values and the enforcement of the principle of people's sovereignty in the democratic system in Indonesia. This study aims to determine the implementation of elections in terms of the Pancasila Specificity. The research method used in this study is a qualitative method where researchers use data sourced from various references such as books, journals, and various other references related to the topic under study. The results of the study concluded that the elections held in Indonesia are a form of democratic implementation based on the values of pancasila and the enforcement of the principle of people's unity as contained in pancasila as the basis of the state. However, the implementation of elections in the current era is far from the word pancasilais and has not accommodated the enforcement of the principle of people's sovereignty.
PELAKSANAAN PEMILU DI INDONESIA BERDASARKAN PERSPEKTIF UNDANG UNDANG DASAR 1945 Alvianus Kristian Sumual; Mario Gerson Lontaan; Yandi Supit
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Indonesia is a country that adheres to the Pancasila democratic system where the highest power is in the hands of the people and must be implemented in accordance with the provisions of laws and regulations. That applies. The Dsara Law, which is the highest source of hykum in Indonesia, provides regulations regarding the conduct of elections in article 22 E paragraph 1 on the principle of Direct, General, Free elections. Secret, Honest, and Fair. This research is a type of descriptive research with a literature study method. The results showed that the holding of general elections based on the principles of Direct, General, Free, Secret, honest, and Fair is a manifestation of the democratic values of Pancasila. But now the implementation of uum selection is far from being in accordance with the 1945 Constitution where elections are only a place for power struggles from political elites in Indonesia.
ANALISIS HUKUM TERHADAP KEBIJAKAN PEMERINTAH DALAM MEWUJUDKAN KEMAJUAN LITERASI DIGITAL DUNIA PENDIDIKAN DI PAPUA Zulrijal Bushido Gani
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Today's humans are inseparable from the ability of a digital object including the world of education. Therefore, to keep up with the times, the knowledge and abilities of the people along with the support of government policies will be a factor in determining the extent of the ability to realize progress in digital literacy in Papua. This research is retrospective by using a qualitative approach to analyze the results of a study. The results of the study show that in realizing the advancement of digital literacy in education in Papua requires knowledge of human resources from the community as well as government policy support, knowledge is obtained from gradual learning education which must be realized with the support of government policies, but existing policies are not implemented optimally many obstacles and problems from within and outside the government. This is an obstacle in realizing the advancement of digital literacy in the world of education in Papua and Papua is considered to have not been able to fully realize digital literacy.
KONSEP PERUBAHAN DALAM HUKUM ISLAM Y. Sonafist
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

The concept of legal change brought about by Islamic law is a reflection of the purpose and nature of Islamic law which aims to create a stable life in the world that is in accordance with God's intention as the maker of shari'ah. The purpose and essence of Islamic law consists of four aspects, namely; realizing the benefit of humans in this world and the hereafter, the realization of the benefit of Islamic law must be understood so that it is in accordance with human nature, after obtaining a correct understanding, Islamic law must be implemented by Muslims, so that it can provide legal protection and tranquility for Muslims even against non-Muslims though. Islamic law is not just a static norm that prioritizes certainty and order, but also norms that must be able to dynamically think and manipulate people's behavior in realizing their goals. In order to develop the thoughts and studies of Islamic law in the life of society in the future, it is time for Islamic law experts to consider the studies and thoughts of Islamic law within the framework of sociology and social history approaches.

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