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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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PERLINDUNGAN KONSUMEN TERHADAP PRODUK MAKANAN DAN MINUMAN KADALUWARSA DI SUPERINDO SIDOARJO (KAJIAN YURIDIS UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN) Selix Nur Aziz; Tuti Herningtyas
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

The purpose of this study is to determine and analyze the form of legal protection for consumers against expired food and beverage products at Superindo Sidoarjo supermarkets and to know and analyze consumer dispute resolution for unlawful acts committed by producers (business actors) against expired food and beverage products at Superindo Sidoarjo supermarkets. This research is included in juridical research. The results showed that the form of legal protection for consumers against expired food and beverage products at Superindo Sidoarjo supermarket consisted of preventive protection and repressive protection. Preventive legal protection focuses on preventive efforts, including providing a legal umbrella for consumers by regulating business actors and guaranteeing consumer rights and their protection through laws and regulations. Meanwhile, repressive laws are carried out in the form of enforcement efforts such as administrative sanctions, confiscation, criminal sanctions. Repressive legal protection can also be in the form of producer responsibility in terms of providing compensation for losses suffered by consumers as a result of the circulation and trade of expired food products. The results also show that the settlement of consumer disputes over unlawful acts committed by producers (business actors) against expired food and beverage products at Superindo Sidoarjo supermarkets is through consumer institutions regulated in Law Number 8 of 1999 concerning Consumer Protection. The parties involved in consumer disputes are consumers and business actors.
PERLINDUNGAN ANAK DAN PERTANGGUNGJAWABAN HUKUM TERHADAP PELAKU KEKERASAN SEKSUAL TERHADAP ANAK (TINJAUAN YURIDIS UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK) Binaadi Ryanjaya; Rachmat Ihya
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims to investigate and assess the sorts of child protection covered by Law No. 23 of 2002, which has been updated with Law No. 35 of 2014, as well as the legal accountability of sexual assault offenders. Normative research includes the study at hand. The findings of this study indicate that the type of child protection covered by Law No. 23 of 2002, which was amended by Law No. 35 of 2014 concerning child protection, namely special protection for children given to: children in emergency situations; children in conflict with the law; children from minority and isolated groups; children who are economically or sexually exploited; child drug abuse; child victims of pornography; HIV/AIDS in children; physical or psychological harm to children; and children who are victims of other forms of child abuse, The study's findings also demonstrate that those who sexually assault minors are legally responsible. Articles 76D and 76E of Law No. 35 of 2014 Concerning Amendments to Law Number 23 of 2002 Concerning Child Protection, for instance, stipulate that offenders may be sentenced to 5 to 15 years in jail and/or a maximum punishment of IDR 5,000,000,000.00. If a parent, guardian, caregiver for a kid, teacher, or other member of the educational staff additionally commits sexual assault, the punishment is raised by one-third of the original amount.
LAPORAN KETERANGAN PERTANGGUNGJAWABAN KEPALA DAERAH TERHADAP HASIL PENYELENGGARAAN URUSAN PEMERINTAHAN DALAM PERSPEKTIF OTONOMI DAERAH Mubaraq; Tri Widiastuti; Arga Chon Feriandref; Eka Ermala; Othman Ballan; Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims: 1) to find out how the mechanism of the accountability report on the District Head as impact the result of government’s affairs administration according to District Government’s statute. 2) to know and analyze the implication of the accountability report on the District Head as impact the result of government’s affairs administration has been appropriated by the principle of autonomous district. With that aim then the discussed issues are: 1) how the mechanism of the accountability report on the District Head impact the result of government’s affairs administration according to District Government’s statute? 2) is implication of the accountability report on the District Head impact the result of government’s affairs administration has been appropriated by the principle of autonomous district? By the formulation of that problem then the research methods is using normative juridical research with statute approach, historical approach, conceptual approach and political approach. The legal materials that collected are: primary legal materials, secondary legal materials, and tertiary legal materials. Analysis of the collected legal materials is carried out by inventoring, systematizationing, and interpreting. The results showed that: 1) The Mechanism of the accountability report on the District Head just have the quality of Formalistic Administrative, so if it linked with accountability’s concept is not become things that accountable as a law accountability, political accountability, and administration accountability. 2) there is no implication from the accountability report on the District Head as a responsible person in every District Government’s administration policy, then the implication from the accountability report on the District Head has not reflecting what is known in autonomous district principle according to autonomous district’s statute that is tangible, comprehensive and responsible. Recommendation: the statute number 23year 2014 should be include the sanction of the accountability report on the District Head, so in that report has found a mismatch of the substantable and tangible in peoples then it should be followed up properly in law, administrative, and politic.
TINDAKAN PEMERINTAH MEMINIMALISIR TINGKAT KECELAKAAN BERLALULINTAS MASA PANDEMI COVID-19 Joice Pangayow, Sherly
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Humans are social creatures who have the right to develop themselves in meeting the needs of life so that in an increasingly modern era and all activities in travel are carried out quickly so that land transportation in the form of motorized vehicles is needed, in carrying out activities on the road often causes anxiety in the community because accidents often occur. The government has made regulations regarding traffic on the road to regulate and maintain order, safety and comfort in using the road, in carrying out these regulations requires law enforcement by the Government and public awareness of the law so as to create an orderly and safe traffic atmosphere. The approach taken in this study is to use a qualitative approach which uses empirical research methods, namely analyzing primary data or reality that occurs in the community and is supported by secondary data.
PERLINDUNGAN HUKUM TERHADAP IZIN USAHA PERTAMBANGAN BATU BARA DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL Siti Soleha; Arrisman
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Coal mining in Indonesia is a strategic sector but also sensitive because it is closely related to the economy and the environment. To regulate this activity, the Indonesian government has issued Law Number 25 of 2007 concerning Capital Investment. This law provides the legal basis for coal mining business permits, which includes requirements, procedures and legal protection. The purpose of this article is to analyze the legal protection of coal mining business permits in Indonesia based on Law Number 25 of 2007. The research method used is literature study to collect and analyze relevant legal data. The results of the analysis show that Law Number 25 of 2007 provides a comprehensive legal framework for coal mining business permits, including application procedures, conditions that must be fulfilled by applicants, and obligations that must be complied with by permit holders. Apart from that, this law also regulates sanctions for violators. However, there are still challenges in implementing this law, such as consistent law enforcement and adequate environmental protection. Therefore, further efforts are needed to ensure that legal protection for coal mining business permits in Indonesia can be carried out effectively in accordance with the spirit of the law.
COMPARATIVE TRANSLATORY ON THE SYARIAH AND CONVENTIONAL CONTRACT LEGAL SYSTEMS: INDONESIA'S PERSPECTIVES Susilowardani; Desi Syamsiah; Asri Agustiwi; Dara Pustika Sukma
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

The study aims to conduct a comparative study of the Shariah and conventional contractual legal systems from an Indonesian perspective. In the context of Indonesia, the Sharia law system is based on the principles of Islamic Shariah, while the conventional legal system is founded on the general principles that apply in the country. The method of research carried out is the study of literature by searching for literature that fits the context of research. The research shows that the Sharia law system emphasizes the principles of Shariah, such as the prohibition of interests and charges, and encourages dispute settlement through arbitration and arbitrations mechanisms. On the other hand, conventional legal systems are more flexible and focus on commercial aspects in the execution of contracts, using common dispute resolution mechanism, like courts, mediation, or negotiations. Although the Sharia law system provides special legal protection for the parties involved in a Sharia contract, the conventional legal system provides general legal protection to all parties engaged in a contract.
LEGAL DRAFTING UNTUK PERUBAHAN HUKUM: TANTANGAN DAN SOLUSI DALAM PENYUSUNAN REGULASI DAN UNDANG-UNDANG YANG ADAPTIF Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract This study examines two key case studies in legal regulation to illustrate successes and failures in legal drafting: the implementation of the General Data Protection Regulation (GDPR) in the European Union and the proposed Stop Online Piracy Act (SOPA) in the United States. GDPR is praised as a successful example of regulation that has adapted to technological changes and privacy needs, thanks to its flexible and responsive design. In contrast, SOPA failed due to its perceived overreach, which could potentially threaten freedom of speech and innovation on the internet. The failure of SOPA highlights the importance of considering the broad implications of technology and social norms, as well as the need for active involvement from various stakeholders in the lawmaking process. Findings from both cases underscore the need for flexibility and participation in legal drafting to create effective and relevant regulations. This research provides insights into how a multidisciplinary approach and stakeholder engagement can enhance regulatory effectiveness in addressing modern challenges.
IMPLEMENTASI PENEGAKAN HUKUM KEPOLISIAN PADA PENGAMANAN UNJUK RASA YANG MENGAKIBATKAN TINDAKAN ANARKIS DI KOTA TERNATE Gunawan Hi Abas; Muh Yani Renwarin
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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The purpose of the study was to determine the implementation of police law enforcement in securing demonstrations that resulted in anarchic actions in the city of Ternate, and to determine what efforts and obstacles were in implementing the handling of demonstrations carried out by students that ended in anarchy. The study was conducted at the Ternate City Police. To achieve these objectives, the author used data collection techniques in the form of interviews and requested data from related parties. The research used was qualitative descriptive research, namely research conducted to obtain secondary data and materials related to research obtained from various sources. The results of this study indicate that the implementation of police law enforcement has three stages, namely persuasive, preventive and repressive. The three things that are most dominantly carried out by the police are persuasive and preventive in other words the approach in the form of negotiation, however, repressive actions can be carried out if the escalation of the protesters has led to unlawful acts. Then there are two things that hinder, namely: Internal factors, there are police officers in the field who do not understand the main duties of the police and acts of arrogance and overacting, then external factors, the protesters are out of control, the ratio of police officers is not balanced with protesters, then the community mixes with the protesters. In addition, field conditions are different from theoretical conditions, which makes it difficult to apply the principle of presumption of innocence to a demonstration that is running anarchically and the demonstrators behave brutally, making the principle of presumption of innocence difficult to apply.
PERAN PEMERINTAH DALAM PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT DALAM PROSES PEMBERIAN UANG GANTI RUGI PENGADAAN TANAH DI IBU KOTA NUSANTARA (IKN) YANG DITITIP DI PENGADILAN (KONSINYIASI) Andri Pranata; Tajuddin
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2024): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

One of the decisions that is quite phenomenal in Indonesia at the moment is when the Government of the Republic of Indonesia decided to move the State Capital from Jakarta to East Kalimantan. The move of the capital city is expected to level development and reduce the pressure of population density and moving the capital city is also considered a step to increase resilience. against natural disasters. Jakarta is vulnerable to flooding and land shrinkage, while the new location in East Kalimantan is considered safer from these risks. Apart from that, moving the capital city is considered an opportunity to build new infrastructure and spur economic growth in the region. Meanwhile, the reason for those who refuse is that moving the capital city is a large project that requires significant financial investment and human resources. The land acquisition process will never be separated from the issue of compensation, so research needs to be carried out first on all information and data submitted in making an estimate of compensation. If an agreement has been reached regarding the form and amount of compensation, then payment of compensation will be made and then continued with the release or transfer of rights to the land concerned. In principle, the government in this case should provide facilities to the community concerned in providing legal aid services to deal with judicial process in receiving compensation money entrusted, because morally the government in this case has the responsibility to provide legal protection for its people. Don't just take the land and then leave it to solve its own problems. Moreover, the government actually has many components that can be used to provide legal aid services. This research is normative legal research. Currently, the role of the Regional Government in providing legal assistance to the community in the process of providing compensation money for land acquisition in the Indonesian Capital City (IKN) which is entrusted to the court (consignment) does not yet exist and in efforts to provide legal assistance to the community those affected are: Complicated administrative processes and incomplete documents often become obstacles, Social and Communication Problems due to lack of socialization and education to the community regarding their rights and land acquisition procedures causing misunderstanding and conflict, Legal processes in court that take time and money become a burden on society. Apart from that, limited access to legal aid institutions or experienced advocates is also a major obstacle.
PERLINDUNGAN HUKUM TERHADAP PENCIPTA ATAS BUKU BAJAKAN YANG DIPERJUALBELIKAN MELALUI E-COMMERCE Faradila Khairunisa
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Legal protection for book copyright has been regulated in the Copyright Law, namely Law Number 28 of 2014 concerning Copyright. This legal protection aims to protect the rights of creators. However, even though there are regulations related to copyright, copyright violations still continue to occur, such as piracy of books as copyrighted works and then buying and selling them through e-commerce platforms. For this reason, what is the legal protection for copyright for pirated books that are bought and sold via e-commerce? The method that will be used in this research is normative, because it carries out a study and evaluation of applicable laws and regulations. Based on the results of the discussion, it was found that with legal protection for copyright, it is hoped that copyright violations will decrease and creators can feel that their work or creations are respected and protected by the state.

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