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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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UPAYA PEMERINTAH INDONESIA DAN AUSTRALIA DALAM PENYELESAIAN MASALAH PEMANFAATAN SUMBER DAYA LAUT DI PULAU PASIR DI TINJAU DARI HUKUM LAUT INTERNASIONAL Kristoforus Emanuel Kake; Hendrik Saputra Doko; Theresia Yovita Putri Lengari
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Disputes or conflicts whether private or public will lead to disagreement or understanding of the parties or other legal subjects. In international relations between countries harmony is needed in various activities, and this will not be achieved if the parties do not have good faith in resolving their disputes. Dispute resolution is therefore an important and decisive stage. When disputes occur between countries, international law plays an important role in this case sand island disputes using international law of the sea or UNCLOS. It provides guidelines, rules, and ways or methods of how a dispute can be resolved by the parties amicably. Dispute resolution efforts have become a concern for the international community, especially when facing disputes of a business nature that exceed the boundaries of a country's sovereign territory. Peaceful dispute resolution is a method that has been recognized and practiced for a long time until today. A State although subject to the obligation of peaceful settlement of disputes, it retains the authority to determine the manner or method of resolving its disputes. Its obligations remain subject to the agreement of the country concerned. From the results of the discussion, the author saw that there were several talks and meetings to solve the problem of Sand Island. Such as MOU BOX 1974 and Agreement On March 14, 1997 in Perth. agreement on the delimitation of the Exclusive Economic Zone (EEZ) and certain maritime boundaries and does not reduce the traditional rights of fishermen of Rote Island, East Nusa Tenggara. The proposed treaty would overcome maritime boundaries between Indonesia and Australia.
ETIKA POLITIK DALAM FIQH SIYASAH: STUDI TENTANG PRINSIP AKHLAK DALAM POLITIK MENURUT PERSPEKTIF FIQH Indra Utama Tanjung; Dhiauddin Tanjung
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Ethics plays an important role in the world of politics, especially in the contemporary political context which is often filled with practices that violate norms and ethics. Fiqh, as a discipline that studies Islamic laws, offers ethical guidance in politics. This research focuses on the application of political ethics in Fiqh in a contemporary political context. The Problem Although Fiqh offers guidance on political ethics, its application in contemporary political contexts often encounters challenges, such as highly competitive political systems and differing interpretations of what is considered ethical. This study uses literature research methods, through critical and systematic analysis of various relevant sources of literature on political ethics in Fiqh. The conclusion of this study is that ethical principles in Fiqh, such as fairness, honesty, consultation (shura), and accountability, can help shape politics that is more just, responsible, and oriented to the public interest. However, applying these principles requires a deep understanding of Fiqh and the contemporary political context, as well as a strong commitment to ethics and justice.
ANALISIS HUKUM TERHADAP PELANGGARAN HAK CIPTA PENGGUNA MEDIA SOCIAL APLIKASI TIKTOK DITINJAU MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Sumarjo Makitulung; Arrisman Arrisman
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

The use of the TikTok application in practice reaps pros and cons, because the TikTok application has a feature for uploading songs using songs from the application users themselves, which sometimes users do not do permission for the songs uploaded to the application. The problems in this research are How to identify copyright infringement by users of the TikTok application?, What is the legal protection for creators/copyright holders in the event that their songs are used in the TikTok application without approval according to Law Number 28 of 2014 concerning Copyright?, What is accountability? law on TikTok application users for copyrighted songs used in the TikTok application without the consent of the creator/copyright holder according to Law Number 28 of 2014 concerning Copyright?. The research method used is the juridical normative method, namely the researcher will analyze based on secondary data which includes laws and books. The results of the research show that the identification of copyright infringement by users of the TikTok application according to Law Number 28 of 2014 concerning Copyright, namely violating moral rights and economic rights. Legal protection for creators/copyright holders in the event that their song is used in the TikTok application without approval according to Law Number 28 of 2014 is that the copyright holder has the right to take legal action through litigation/court and non-litigation/settlement outside the court. These legal efforts are criminal and civil legal efforts. The legal responsibility of TikTok application users for copyright infringement in the TikTok application according to Law Number 28 of 2014 can be distinguished in the criminal and civil domains.
KEDUDUKAN AKTA JUAL BELI SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH Andri Pranata; Ade Indra Wardana
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2023): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

The Deed of Sale and Purchase is an authentic deed as the strongest evidence having an important role in every legal relationship in people's lives which can strictly determine rights and obligations so as to guarantee legal certainty and at the same time be able to avoid disputes. If there is a dispute over the authentic deed as evidence, it is the strongest evidence and has perfect evidentiary power in court. When an individual or group buys or sells land, they must enter into a sale and purchase contract or agreement. The contract must include information about the parties involved, the amount of money transferred, and a description of the land being sold. After that, the sale and purchase deed must be registered with the local land office to obtain a legal and official land certificate. It is this land certificate which then becomes proof of the legality and legitimacy of the ownership of the land, as well as providing legal certainty for the rights of ownership of the land. Therefore, it is very important for the land owner to register the deed of sale and purchase at the land office and obtain a valid and official land certificate. So the question is how strong is the Proof of the Deed of Sale and Purchase of Ownership of Land Rights and what are the reasons for an individual or group not registering land after carrying out a land sale and purchase transaction as evidenced by the Deed of Sale and Purchase. This research is normative legal research. Data collection techniques in this study are document studies and interviews, while the location of this research will be carried out in Samarinda City. The data that has been collected from library research and from field research is then analyzed qualitatively. The strength of proof of the deed of sale and purchase of land on the ownership of land rights has an important position in civil law. As an official document that transfers ownership of land rights from the seller to the buyer, the deed of sale and purchase of land has strong evidentiary power as legal proof of ownership of land rights. However, it is important to remember that the strength of the proof of the land sale and purchase deed also depends on several factors, such as the legality of the documents, land ownership status, payment and settlement of the selling price, and registration of the land sale and purchase deed with the BPN. Therefore, before buying land, it is important to ensure that the deed of sale and purchase of land is valid and meets the legal requirements in force in that country. There are several reasons why a person or group does not register land after carrying out a sale and purchase transaction as evidenced by a Sale and Purchase Deed, such as expensive registration fees, distrust of the government, and not knowing the procedure for land registration.
ANALISIS YURIDIS PENGUPAHAN PADA SEKOLAH DASAR ISLAM TERPADU AL HAMIDIYYAH BOJONGGEDE KABUPATEN BOGOR Ahmad Madroji; Rumainur Rumainur
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Because the characteristics of education are non-profit, the most appropriate form of legal entity is a foundation. According to article 1 point 1 of Law no. 16 of 2001 concerning Foundations as Amended by Law no. 28 of 2004 (Foundation Law), a foundation is a legal entity consisting of segregated assets and intended to achieve certain goals in the social, religious and humanitarian fields. A polemic arose regarding remuneration based on the Law on Teachers and Lecturers Number 14 of 2005 in article 15 paragraph 3 which reads as follows; 'Teachers appointed by education units organized by the community are given a salary based on a work agreement or collective bargaining agreement. Apart from that, there is a strengthening of article 21 of Government Regulation Number 36 of 2021 concerning Wages which reads; ``That the structure and scale of wages is an obligation that must be prepared and implemented by the Company with due regard to productivity and capabilities`. So with the clause mentioning 'Teacher remuneration by the Foundation is determined based on a work agreement or collective work agreement' based on laws and government regulations regarding wages, it becomes clear that remuneration practices in private schools are not standardized in terms of remuneration and moreover fulfilling the rights of teachers for a decent living.
IMPLEMENTASI FATWA DSN MUI NO 75 TAHUN 2009 TENTANG PENJUALAN LANGSUNG BERJENJANG SYARIAH DI PT. MOMENT GLOBAL INTERNASIONAL Joni Hendra
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
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Abstract

The writing of this thesis is based on the existence of a Multilevel Marketing business that has received a certificate from the National Sharia Board of the Indonesian Ulema Council (DSN-MUI), or also known as Sharia Tiered Direct Selling (PLBS). One of the MLMs that has received a certificate from the DSN-MUI is PT. Momen Global Internasional headquartered in Surabaya, assisted by branch offices in Jakarta and Makassar. This research uses qualitative research in the form of case studies. The approach used in this research is a case study. The method used by the author, namely the primary data source obtained from interviews from several parties of PT. Momen Global Internasional; a manager, a leader and a member. Secondary data sources in this study are more directed at supporting data such as DSN-MUI fatwas, journals, related books, and others. The results of this study state that: First, PT. Moment Global International is a Syariah Multilevel Marketing Company that sells nutrition supplement and health products , it has received a certificate from The Indonesian Ulema Council (MUI) The Motto is used in marketing their products are use it (Comsumtion),Love it (feeling the benefits) share it (telling the story )which the results will be profit ,none of which violates syariah in products sales ,giving bonuses or commissions to members has followed the guidelines in the DSN-MUI number 75 of 2009 concerning about Syariah tiered direct sales. Second, Overall, the practices that occur in PT. Momen Global Internasional are in accordance with the provisions of the DSN-MUI fatwa. Especially the 12 points that have been formulated by the DSN-MUI regarding the PLBS guidelines. The transaction contract of PT. Momen Global Internasional are bay’ contracts, wakalah bil ujrah contracts and ju'alah contracts. All contracts are in accordance with what has been formulated by DSN-MUI.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PEMERKOSAAN BERDASARKAN UU NOMOR 17 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UU NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Nabilla Karnia Soraya; Diah Ratu Sari
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
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Abstract

Legal protection for children, especially those who have experienced sexual violence often occurs lately, and the most severe crime of sexual violence that is currently not only done by adults but also by children. Also carried out by children. With the formulation of the problem: (1) What are the legal protection efforts for children who are victims of the crime of rape in the legislation? (2) How is the implementation of legal protection for children who are victims of rape in Indonesia? (3) What is the expected legal protection for child victims of rape in the future? By using a normative legal research method, the results obtained (1) In accordance with the applicable law. Legal protection for child victims of rape states that a child who is a victim of a crime has the right to receive rehabilitation from the government both physically and mentally, spiritually and socially, in addition to Therefore, his privacy must be protected, his good name is protected and maintained, his safety as a witness to the victim is the responsibility of the government, and the child who is the victim has the right to always know the progress of the case he is facing. (2) There are still some law enforcement officers who do not treat the victims in this case with a female perspective. The handling of sexual violence cases is also too long because they have to follow legal procedures which make victims reluctant to face the law, which is a very tiring process. (3) Coordination with the police must be carried out, so that the police immediately seek assistance from the institution concerned when they receive a report of an act of rape. Based on the research conducted, the authors suggest that the provisions regarding compensation for victims should also be included in the legislation in force in Indonesia, so that in cases of criminal acts of sexual violence, the judge not only imposes criminal sanctions on the perpetrators, but also decides on the compensation obtained. By the victim. Compensation given to victims is not only to compensate for the losses they have suffered but also as a manifestation of the highest legal ideals in Indonesia, namely Pancasila, the 5th precept of justice for all Indonesian people.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DALAM PENYALAHGUNAAN KEWENANGAN YANG MERUGIKAN KEUANGAN NEGARA Aru Diba Al-hafidz; Edi Saputra Hasibuan; Widya Romasindah Aidy
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
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Abstract

This research is motivated to analyze a criminal act of corruption that abuses authority by government agencies and/or officials in making decisions and/or actions in government administration that are carried out by exceeding authority, and/or acting arbitrarily. Corruption is a form of extra ordinary crime problem where the actions of corruption committed not only affect human life as the category of extra ordinary crime. The purpose of this study is to find out how the criminal responsibility of perpetrators who abuse authority because of position to benefit themselves and harm the State. The research method used is a normative research method with a statutory approach and a case approach. The types and sources of legal materials used are primary, secondary, and tertiary materials using the collection of legal materials. The results obtained in the conclusions and suggestions of this study, Law enforcement against criminal acts of corruption that harm state finances pay attention to the elements of legal certainty, expediency, and justice. In general, the implementation of law enforcement is carried out in two ways, namely preventive and repressive. Acts of abuse of authority that can harm state finances against perpetrators of criminal acts must also pay attention to legal impunity (impunity), not affecting the running of legal processes when associated with the authority of perpetrators of corruption crimes as regional officials because equality before the law must work, as one of the fundamental principles of a state of law.
KEPASTIAN HUKUM TERHADAP JAMINAN MUTU PANGAN Hasmauna Hasmauna; Basuki Rekso Wibowo
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Food is one of the main aspects in fulfilling basic human needs which requires clarity and legal certainty regarding its quality and safety. This research aims to analyze legal certainty regarding food quality assurance with a focus on regulations and implementation in Indonesia. A qualitative approach was used by conducting literature studies and policy analysis related to food regulations in Indonesia. The research results show that regulations related to food quality in Indonesia have experienced significant developments, especially through Law Number 18 of 2012 concerning Food. However, consistent and effective implementation is still the main challenge faced in ensuring food safety for consumers. Even though there are responsible food control institutions, such as the Food and Drug Supervisory Agency (Badan POM), weaknesses are still found in supervision which tends to be inconsistent and less strict. Apart from that, the lack of cooperation between the government, the food industry and the community also makes it difficult to implement regulations properly. This research recommends the need to increase the capacity of supervisory institutions, stricter law enforcement against food quality violations, and increase public awareness of the importance of complying with food quality standards. Through these steps, it is hoped that legal certainty regarding food quality assurance in Indonesia can be improved, so that people can consume safe, healthy and quality food in accordance with established standards.
MENGKAJI FENOMENA PERNIKAHAN SEDARAH BERDASARKAN PANDANGAN HUKUM ISLAM, UNDANG-UNDANG DAN SAINS (ILMU KESEHATAN) Rohman Muzadi; Surya Adi Jaya; Yosie Nurwida Sari
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
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Abstract

Cousin marriage is a marriage that occurs between a man and a woman who still have very close blood relations in their family lineage, whether through legitimate or illegitimate birth, or through marriage, even involving siblings, whether legitimate or illegitimate. This type of marriage is considered taboo in most societies. Furthermore, it is prohibited from a religious, legal, and scientific (health) perspective. The prohibition is not without reason, as cousin marriage is known to pose various health risks, especially for their offspring. The prohibition of cousin marriage is stipulated in the Marriage Law, Article 8, Number 1 of 1974, as well as in the Quran, Surah An-Nisa, Verse 23, and is supported by data and research in the field of health.

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