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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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KEBIJAKAN TINDAK PIDANA PADA KEJAHATAN NARKOTIKA DI INDONESIA Puput Dedi Kurniawan; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Law No.22 of 1997 concerning narcotics states that narcotics are subtances or drugs derived from plants or non-plants,either synthetic or semi-synthetic,which can cause a decrease or change in consciousness,loss of taste,recudeor eliminate pain,and can cause dependence.According to the ministry of health of the republic of Indonesia,drugs are an abbreviation for narcotics,psychotropics and addictive subtances.All of these terms,whether narcoticsor drug use,refer toa group of subtances that generally pose a risk of addiction for their users.As time goes by,someone who was initially unfamiliar with narcotics turn into an addict who finds it difficult to get rid of his addiction.Rehabilitation of narcotics addicts is also a form of social protection that integrates narcotics ddicts into social order so that they no longer abuse narcotics.Narcotics crime is a very complex problem that requires comprehensive mitigation efforts involving multi-disciplinary ,multi-sector coorperation and active community participation which is carried out consistently ,consistently and consistently.The purpose of this research is to find out penal and non-penal policies in dealing with narcotics crimes at this time and the problem discussed is what the criminal policies for narcotics crime are in the country Indonesia.Penal policy is to overcome crimes committed by implementing criminal law in society,while non-policing penal means dealing with crime without using criminal law namely by influencing people’s views about crime through mass media and countermeasures without punishment.
PERLINDUNGAN HUKUM TERHADAP KORBAN PELECEHAN SEKSUAL Putri Widia Ningsih; Gadis Prasiska Sembiring; Reh Bungana Beru Perangin-angin; Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Sexual harassment is an act that is detrimental and damages a person's dignity, and can occur in various places and situations, whether in the family, workplace or in public places. Legal protection for victims of sexual harassment is very important to maintain the security and welfare of society. This research aims to determine the legal protection provided to victims of sexual harassment in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach. The research results show that legal protection for victims of sexual harassment is regulated in Article 5 and Article 6 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. Apart from that, the establishment of victim protection institutions and increasing legal sanctions are also effective ways to provide legal protection for victims of sexual harassment.
ANALISIS YURIDIS TANGGUNG JAWAB PELATIHAN PEKERJA SWASTA KAJIAN PERBANDINGAN UU NO.13 TAHUN 2003 TENTANG KETENAGAKERJAAN DENGAN UU NO.11TAHUN 2020 TENTANG CIPTA KERJA Fahruji Hi Jamal; Rumainur Rumainur
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Juridical Analysis of Private Worker Training Responsibilities Comparative Study of Law no. 13 of 2003 concerning Employment With Law no. 11 of 2020 concerning Job Creation. The formulation of the problem in this research is: (1) What are the provisions that train private workers in Indonesia? (2) What are the Responsibilities and Obstacles of Implementing Private Worker Training Comparative Study of Law No. 13 of 2003 concerning Manpower and Law No. 11 of 2020 concerning Job Creation.? (3) How Should Private Workers in Indonesia be Trained in the Future Mass?. In this sentence using normative research methods. From the results of research, discussion and analysis it can be concluded that: That the comparison of Law. No. 11 of 2020 concerning Job Creation with the Manpower Law, which then contains several substances that change and delete the substance contained in the Manpower Law. work including regarding government training institutions as referred to in paragraph (1) letter a in organizing job training can cooperate with the private sector. As for the author's suggestion that local governments should prioritize Vocational Training Centers as a forum for handling unemployment rates in all private agencies throughout Indonesia especially in manufacturing companies.
ANALISIS YURIDIS TINDAK PIDANA PENCABULAN TERHADAP ANAK DI BAWAH UMUR (PUTUSAN PIDANA PURWOREJO NOMOR 57/PID.SUS/2022/PN.PWR) Aji Benny Wicaksono; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

This scientific work aims to finddout what the legalppolicy is for perpetrators of criminal acts of molestation against minors, how the law is applied to perpetratorsdof criminaldacts of molestation againstdminors, and what the criminal responsibility for perpetrators of molestation of minors is in the Purworejo Criminal Decision case. Number 57/Pid.Sus/2022/PN.Pwr. The researchdmethodiused in this research is a normativeijuridical research method soait canabe concluded asafollows: 1. Legal policy is divided into two, namely panel legal policy and non-panel legal policy. 2 Theaapplication ofathe law forathe criminal act of molesting minors is regulatedain the CriminalaCode Articlesa289 toa296, to provide sanctions for perpetrators of criminal actsaof molestingiminors, namelyiby providing inaaccordanceaiwith Law no. 23 of 2002aconcerning ChildaProtection, includingathe provision of prison sentences andafines. 3. The person responsible for the defendant in the case of Purworejo Criminal Decision Number 57/Pid.Sus/2022/PN.Pwr, namely the defendant was foundaguilty becauseahe was provenato have committed an act of sexual immorality against a minor The defendant wasasentenced toaimprisonment for 8 (eight) yearsaand aafine of idr. 60,000,000,- (sixty millionarupiah) withathe provisionathat ifanot replacedaby imprisonmentafor 6 (six)amonths.
ANALISIS PEMIDANAAN TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA DALAM PERSPEKTIF PSIKOLOGI KRIMINAL Yulia Utami; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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This study aims to determine the efforts in preventing children from becoming drug dealers and to understand the role of criminal psychology as a benchmark in imposing penalties on children. The research method used in this study is empirical, which focuses on empirical facts derived from human behavior, including verbal behavior obtained from interviews and actual behavior observed through direct observation. The results of this research show that the sentencing of children involved in drug trafficking. Judges make decisions based on sentencing theory, particularly the combined theory, where judges impose prison sentences as a deterrent and provide vocational training as a rehabilitative aspect. However, economic reasons consistently serve as a shield in mitigating sentences for children. In criminological theory, criminal actions do not exist in isolation, which is why criminal psychology plays a crucial role in balancing the imposition of penalties on children.
PERLINDUNGAN HUKUM BAGI ANAK KORBAN KEKERASAN SEKSUAL Pruntus Sudarmaji; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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This research aims to examine legal protection for children who are victims of sexual violence. The research method in this research uses a literature study approach, focusing on theoretical studies, references, scientific literature, as well as reference books and similar research results. Qualitative analysis will be carried out to understand the relationship between theory and practice of the role of law in investigating revealed cases of children as accident victims. The results of this research show that legal protection for children who are victims of sexual crimes involves various forms of assistance such as legal aid, rehabilitation, health services and social security according to their needs. However, there are obstacles, both in terms of legal substance, legal structure, legal culture, as well as the lack of facilities and infrastructure that function optimally. Protection of child victims of sexual crimes requires updating and strengthening the substantive aspects of the law, increasing public awareness, as well as easy access for children to competent legal assistance. Rehabilitation services and psychological support also need to be a priority in their recovery process. Collaboration between the government, private institutions, civil society organizations and other related parties is considered key to providing effective protection for child victims of sexual crimes.
STUDI KASUS PENGUASAAN SENGKETA TANAH MARTUBUNG DARI ASPEK HUKUM PIDANA Bella Ayu Anzalia; Martua Felix Jonatan Simanullang; Halimah Halimah; Reh Bungana Beru Prangin-Angin; Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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This research aims to resolve the settlement of control over Martubung land from the criminal law aspect. This research uses methods to study land landscapes in rural areas and understand the dynamics of the land. We conducted comprehensive interviews with two participants representing various parties involved in the anomaly, such as landowners, rights claimants, and their family members. Based on the results of our discussion and research, it can be concluded that the placement of land settlement settlement rooms is regulated because land settlement settlements are often carried out in general judicial institutions. Every match is often brought by the community to seek justice. For those seeking justice in general.
TINDAK PIDANA KORUPSI DI MASA PANDEMI COVID-19 Eirene Dahlia Sidabutar; Limra G.M Nababan; Nasywa Yasmin Purba; Reh Bungana; Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
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This paper discusses the corruption of the Minister of Social Affairs, Mr. Juliari Peter Batubara, on social assistance during the Covid-19 pandemic in Indonesia. During the covid-19 period there was a case of procurement of social assistance in the form of food packages for underprivileged citizens with a total of around Rp. 5.9 Trillion with a total of 272 contracts and implemented with two periods. Social assistance that has been managed by the ministry of social affairs is among the largest social assistance from the central government aimed at people affected by the corona virus, especially the poor. This research uses normative legal methods (doctrinal legal research). The method we use this time is a descriptive method by using a literature study, data collection techniques by examining the books used, literature, notes, and reports that have a relationship with the problem to be solved. The result of this study is that the corruption of social assistance funds has jolted the awareness of the public because the government allocates a budget that can be said to be quite large in handling Covid-19 cases for people affected by the pandemic. Where the funds come from the relocation of the budgets of institutions and ministries. if traced in the legal context, corruption is a product of weak law enforcement and public supervision of the practice of power from the state.
PERTANGGUNGJAWABAN PIDANA TENAGA PENDIDIK PELAKU TINDAK PIDANA PENCABULAN Agustin Pratama Sihotang; Deo Agung Haganta Barus; Pingky Monica Hasugian; Reh Bungana Beru Perangin-angin; Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
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Abstract

Education in Indonesia has a big goal of forming children's character as pillars of the nation's ideology. Teachers, as the spearhead of educational institutions, have a big responsibility in pioneering student development. However, the reality shows that there are cases of serious violations, such as sexual violence, which have been revealed in several incidents at school. This study uses library research methods to explore information related to the role of teachers, codes of ethics, and cases of sexual violence in schools. Criminal responsibility for perpetrators of sexual violence, especially educational staff, is a major focus. The Child Protection Law and the Criminal Code regulate criminal sanctions, and factors such as breach of official duties and use of the national flag can increase penalties. In addition, social rehabilitation needs to be implemented, including the installation of electronic detection devices and psychiatric rehabilitation, to ensure child protection and correct the behavior of perpetrators. The importance of enforcing the teacher code of ethics is an important focus in ensuring integrity and professionalism in the world of education. Cases of ethical violations by teachers involved in sexual abuse demonstrate the need for improvements in training, awareness, and supervision of teacher behavior. In dealing with the problem of sexual violence at school, the role of parents, family and society is no less important. All parties must work together to create an environment that is safe, supportive and caring for children's rights. Strict law enforcement against perpetrators of sexual violence, especially teachers, sends the message that such acts will not be tolerated in society. By combining legal, ethical and social role aspects, this research highlights the need for a holistic approach in creating a truly safe educational environment and supporting the development of positive character of the younger generation in Indonesia.
ANALYSIS OF THE LIMITATIONS OF TERRITORIAL RIGHTS FOR MILITARY ACTIVITIES IN THE EEZ OF A COASTAL STATE IN THE CASE OF THE US FONOPS ON LAKSHADWEEP ISLAND Tri Widiastuti; Mubaraq Mubaraq; Othman Ballan; Arga Chon Feriandref; Eka Ermala; Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 2 No. 4 (2023): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

The rights, freedoms, and jurisdiction of states, whether coastal states have EEZs or not, are all regulated in UNCLOS. Maritime user States do not have additional rights beyond the scope of UNCLOS; therefore, coastal states can restrict relevant activities of other States in their EEZ. Regarding the legal status of the EEZ, this greatly influences the military activities of other countries in the EEZ of a coastal country. Therefore, military activities of other countries carried out in the EEZ of a coastal country are expected to be used under UN peace principles. Given inconsistent state practices, the international community must reconsider the relationship between the principles of peace and a state's military activities in the EEZ of other states to codify state practices and create universally acceptable norms. In this case, the steps that need to be taken in the form of legislative patterns can be used to design a country's military activities in another country's EEZ. Other countries do not need to provide prior notification before entering the EEZ of a coastal country. However, suppose a State adheres to the idea that all of its EEZ represents international waters and that the coastal state enjoys only economic jurisdiction. In that case, it does not require prior notification, as national security interests do not impact the economic jurisdiction of the coastal state. Other countries can then enjoy complete freedom of navigation and overflight in the coastal country's EEZ. As strategic partners, India and the US must take the first initiative to improve strategic policies in developing international maritime law. This awareness requires the formation of more relevant laws in legal politics that influence the practical behavior of countries toward the need to achieve common interests, such as inviting all countries to discuss, form, and renew international customary law in UNCLOS 1982, which is relevant for continuity in maintaining maritime policy order. Internationally, consistently, and in a balanced manner is practiced by countries, each of which fulfills the security interests of forces at sea.

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