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Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : Zenodo
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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.
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Articles 254 Documents
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ANALISIS  EFISIENSI  ANGGARAN  INPRES  NOMOR  I  TAHUN  2025  TENTANG EFISIENSI BELANJA DALAM PELAKSANAAN ANGGARAN PENDAPATAN DAN BELANJA NEGARA DAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH TAHUN ANGGARAN 2025 DI LINGKUNGAN PEMERINTAH DAERAH (Studi Penelitian Sekretariat DPRD Kota Binjai) Suwandi Suwandi; Budi Abdullah
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to analyze the implementation of Presidential Instruction Number 1 of 2025 concerning spending efficiency in the implementation of the State Revenue and Expenditure Budget (APBN) and Regional Revenue and Expenditure Budget (APBD) in the regional government environment, with a case study at the Binjai City DPRD Secretariat. The approach used is descriptive qualitative, through in-depth interview techniques, document study and non-participatory observation. The research results show that the implementation of budget efficiency is still administrative in nature and not fully based on measurable performance. Spending cuts have been carried out in general, especially on operational activities such as official travel and ceremonies, but have not been accompanied by institutional reform and increasing human resource capacity. The research also found that understanding of the substance of the Presidential Instruction is still low at the technical implementation level, as well as minimal internal control and public participation in the budget evaluation process. Even though there was a budget reduction of up to 50% compared to the previous year, there was no direct correlation with an increase in the effectiveness of the functioning of the legislative institution. This research concludes that budget efficiency does not only require savings, but the transformation of results-based budget governance and increased regional fiscal accountability. It is hoped that the results of this research can become a policy reference and improve budgeting mechanisms that are more responsive, accountable and efficient in the local government environment.
EFEKTIVITAS PENEGAKAN HUKUM PENYALAHGUNAAN FUNGSI TROTOAR DI KOTA SINGARAJA BERDASARKAN PERATURAN DAERAH NOMOR 3 TAHUN 2024 Aisah Kartika Dewi; Made Sugi Hartono; I Gusti Ayu Apsari Hadi
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study aims to examine and analyze the effectiveness of law enforcement by the Civil Service Police Unit (Satpol PP) of Buleleng Regency regarding the misuse of sidewalks in Singaraja City, based on Buleleng Regency Regional Regulation No. 3 of 2024. The background of this research stems from the high number of sidewalk function violations committed by street vendors (Pedagang Kaki Lima/PKL), which impact the order, safety, and comfort of pedestrians. This research employs an empirical legal method with a descriptive approach. Data were obtained through literature studies and interviews with members of Satpol PP Buleleng. The findings reveal that law enforcement by Satpol PP has not yet been fully effective. This ineffectiveness is influenced by several factors, including weak regulation dissemination, low public awareness, limited resources of Satpol PP, and the public’s negative perception of enforcement actions. Factors influencing the effectiveness of law enforcement include the legal substance, law enforcement apparatus, supporting facilities and infrastructure, public participation, and legal culture. This study recommends strengthening public outreach, enhancing officer capacity, and implementing persuasive yet firm enforcement measures to restore sidewalks to their intended function as safe and comfortable public spaces for pedestrians.
PERAN PARTISIPASI PUBLIK DALAM PENYUSUNAN PROGRAM PEMBENTUKAN PERATURAN DAERAH DI KOTA BANDAR LAMPUNG Sakung Wibowo; Okta Anita; Lintje Anna Marpaung
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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The Regional Regulation Formation Program is one of the programs that requires and must involve the participation of the role of the community as constituents in state life, considering that Indonesia is a democratic country where the highest decision is in the hands of the people, so the suggestions, considerations, and criticisms provided by the community are determining factors so that policies can be made by adjusting objective conditions and can be implemented well. The problem in this study is How is the mechanism of the role of community participation in program preparation, the preparation of regional regulations in Bandar Lampung City and What are the inhibiting factors of the mechanism of the role of community participation in the preparation of regional regulation programs in Bandar Lampung City. The research method used is a normative juridical method system in which this research is carried out by reviewing various sources such as journals and applicable legislation and an empirical approach that is carried out by looking at the reality in the field, in the form of interviews to be applied in order to answer questions related to research problems. The results of this study are: How is the mechanism of the role of community participation in the preparation of programs, the preparation of regional regulations in Bandar Lampung City and What are the inhibiting factors of the mechanism of the role of community participation in the preparation of regional regulation programs in Bandar Lampung City with the role of the Community vii SAKUNG WIBOWO has been running according to the rules but has not been optimal because there are still obstacles related to the preparation of the regional program. The DPRD in terms of the formation of the Regional Regulation will hold a Draft Regional Regulation to ask for input and suggestions from community stakeholders so that the regulation is ratified and implemented properly. and also several inhibiting factors are the community's unwillingness in the Regional Regulation Formation Program in Bandar Lampung City so that it becomes a serious problem for the Bandar Lampung City Government to socialize that this Prompeperda was made for the rules of community sustainability as well.
IMPLEMENTASI HAK KEKAYAAN INTELEKTUAL SEBAGAI JAMINAN HUTANG MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 2022 (Studi Pada Bank BRI Kantor Wilayah Bandar Lampung) Erland Maulana; Erlina Bachri; Zainudin Hasan
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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Government Regulation Number 24 of 2022 concerning the Creative Economy has been issued by the government in order to provide facilities and solutions to Creative Economy actors, to maintain economic rights to a work from their Intellectual Property results that can be used as collateral for debt to bank or non-bank financial institutions, and is expected to overcome financing problems for the actors. The purpose of this writing is to find out the requirements and implementation of the Intellectual Property-based financing scheme that can be used as collateral for debt. The method used in this study is normative juridical, namely legal research by inventorying and reviewing laws and regulations, legal documents, and other written works and their application to legal events related to Intellectual Property and the Creative Economy. The data analysis used is qualitative juridical, namely by providing an understanding of the data in question according to the facts obtained in the field, which are arranged in the form of descriptive sentences so that they are truly answers to the existing problem. The problem in this study is the requirements and implementation of Intellectual Property Rights as collateral for debt according to Government Regulation Number 24 of 2022 concerning the Creative Economy at Bank BRI Bandar Lampung Regional Office. The results of this study indicate that in the submission of Intellectual Property-Based Financing, in Government Regulation Number 24 of 2022 concerning the Implementing Regulations of Law Number 24 of 2019 concerning the Creative Economy, the requirements for submitting loan collateral with Intellectual Property collateral are clearly stated. The implementation of Intellectual Property-Based Financing in Indonesia, despite being stated in the regulations, there are still many obstacles in the objective conditions in the field that must be faced by Creative Economy Actors, such as the role of the government in maximizing or realizing things that are already in the regulations related to the Creative Economy, and the awareness of the Creative Economy Actors themselves in developing Creative Economy businesses.
PERTIMBANGAN HAKIM TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN DALAM KEADAAN MABUK YANG MENGAKIBATKAN LUKA BERAT  (Studi Putusan Nomor : 41/Pid.B/2024/PN Met) Muhammad Ronald Dzaky Al Zabbar; Erlina Bachri
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
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This study aims to analyze the causal factors of the occurrence of criminal acts of assault while intoxicated resulting in serious injuries based on decision No: 41/Pid.B/2024/PN Met and the Judge's considerations in issuing a verdict on the criminal act of Assault While Intoxicated Resulting in Serious Injuries based on decision No: 41/Pid.B/2024/PN Met. The research method used is normative juridical using an Empirical Approach. Data collection techniques with literature studies, legal principles and applicable laws and regulations, observation and interviews. The results of the study indicate that the causal factors of the occurrence of criminal acts of assault while intoxicated resulting in serious injuries based on decision No: 41/Pid.B/2024/PN Met are: elements that cause the occurrence of criminal acts of assault under the influence of alcohol resulting in material losses, as stated in Decision No. 41/Pid.B/2024/PN Met. The abuse occurred because the defendant and the victim were drunk, there was an argument, loss of self-control and intense emotions which resulted in abuse in the form of stabbing using a sharp weapon which caused the stab to hit the victim's body. Furthermore, the discussion of the research on the Judge's considerations in passing a verdict on the crime of Abuse While Drunk Resulting in Serious Injuries based on decision No: 41 / Pid.B / 2024 / PN Met, namely: The judge's considerations in determining the defendant's criminal liability are based on the facts found during the trial and applicable criminal norms, taking into account the factors of culpa and mens rea involved in the actions of the defendant who was legally and convincingly proven guilty of committing the crime of abuse resulting in very large losses.
PENEGAKAN HUKUM TERHADAP PELAKU PENYEBARAN VIDEO CALL SEX SEBAGAI ANCAMAN ATAS PENOLAKAN PINJAMAN UANG(Studi Putusan : Nomor 406/Pid.Sus/2023/PN.Tjk) Mulia Wulan Sari; Baharudin Baharudin; Risti Dwi Ramasari
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
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This study aims to analyze the factors that cause the occurrence of criminal acts of spreading video call sex as a threat of rejection of a loan and law enforcement against perpetrators of spreading video call sex as a threat of rejection of a loan made on social media based on the decision: number c 406 / Pid.Sus / 2023 / PN.Tjk. The research method used is a normative legal approach by analyzing court decisions and the relevance of applicable positive legal regulations. The results of the study show that there are three factors that influence the occurrence of acts of spreading sexual content, namely; economic factors, trust, and sexual education. And law enforcement related to this case can be seen from the provisions of Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. That the Defendant was sentenced to 3 (three) years in prison and a fine of Rp. 10,000,000, - (ten million rupiah) with the provision that if the fine cannot be paid, it will be replaced with 3 (three) months in prison.
PERTIMBANGAN HAKIM TERHADAP PELAKU TINDAK PIDANA PENGEDARNARKOTIKA GOLONGAN 1 JENIS SABU (Studi Putusan Nomor 906/Pid. Sus/2024/PN Tjk) Akbar Ramadhan Gumaz; Zainab Ompu Jainah; Okta Anita
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
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This thesis discusses the judge's considerations towards perpetrators of criminal acts against drug dealers of class 1 type of crystal methamphetamine. Narcotics are one of the serious problems faced by society, and crystal methamphetamine dealers are one of the main actors in the illicit trafficking of narcotics. This study aims to analyze and understand how judges in the Indonesian justice system consider various aspects in sentencing perpetrators of drug trafficking crimes, especially crystal methamphetamine. The problem taken in this study is to determine the judge's considerations in making legal decisions and whether factors such as the background of the perpetrator, the nature of the perpetrator in the trial can influence the judge and relevant legal aspects, and what factors cause someone to dare to commit unlawful acts and including the Narcotics Law based on Decision Number: 906 / Pid.Sus / 2024 / PN TJK. The research method used is a qualitative approach with a case study, where data is collected through interviews, observations, and analysis of related documents. The results of the study indicate that there are several factors that encourage someone to finally choose to become a dealer and one of them is the economic factor and the lack of education of the perpetrator, and there are also reasons why someone becomes a dealer is because he is a user as well as environmental factors are also the reason why someone decides to become a dealer and the judge's considerations in deciding the case are the background of the perpetrator, the evidence presented, the role of the defendant and paying attention to whether the defendant is involved in a larger network and considering the nature of the perpetrator during the trial and the cooperation of the perpetrator during the investigation. The suggestion in the study is that there needs to be better cooperation between law enforcement agencies, the government, and civil society organizations in preventing and overcoming narcotics trafficking. Adjustments in legal policies also need to be made to consider the rehabilitation of perpetrators as an alternative to imprisonment, so that perpetrators can reintegrate into society better.
ANALISIS YURIDIS TERHADAP SANKSI PIDANA PRAKTIK SURROGATE MOTHER(STUDI KOMPARATIF INDONESIA DAN PRANCIS) Sukma Larasati Rajagukguk; Made Sugi Hartono; Ratna Artha Windari
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
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This research aims to juridically analyze the regulations and criminal sanctions for perpetrators of surrogate mother practices through a comparative study between Indonesia and France. The method used is normative legal research with a statutory approach and a comparative approach to analyze the differences and similarities in the criminal law system in the two countries. This research is descriptive, aiming to provide a systematic description of existing regulations and sanctions. The collection of legal materials is done through literature study, by examining various laws and regulations, legal doctrines, and related jurisprudence. The results show that Indonesia and France have a counter attitude towards the practice of surrogate mothers. In Indonesia, regulations regarding Reproductive Health are regulated in the Minister of Health Regulation Number 2 of 2025 concerning the Implementation of Reproductive Health Efforts, Article 45 paragraph (5) which prohibits uterine borrowing services. Despite the prohibition, there are no specific criminal sanctions for surrogacy. Meanwhile, France prohibits the practice in its Criminal Code Article 16-7, which declares any surrogacy agreement null and void and its Criminal Code Article 227-12, which provides criminal sanctions for intermediaries. The surrogate mother is deemed to have abandoned the child and the intended parents are deemed to have simulated the birth under Criminal Code Articles 227-12 and 227-13. The comparison shows that Indonesia relies on sectoral regulations, while France uses a civil law foundation reinforced by criminal articles targeting commercialization, reflecting the difference in strictness in prohibiting surrogate motherhood practices.
YURISPRUDENSI SEBAGAI SUMBER PEMBARUAN HUKUM DALAM SISTEM CIVIL LAW INDONESIA: KAJIAN PUSTAKA ATAS FUNGSI PENEMUAN HUKUM OLEH HAKIM Gunawan Widjaja; Cecep Suhardiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
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This study discusses the role of jurisprudence as a source of legal reform in Indonesia's civil law system by examining the function of judicial discovery through a literature review. In practice, the limitations of written regulations often encourage judges to interpret and form new norms to fill gaps and adapt the law to societal developments. The process of legal discovery (rechtsvinding) produces decisions that not only resolve individual cases but also form jurisprudence that serves as a guideline for resolving similar cases in the future. This study emphasises that jurisprudence plays a significant role as a driver of national legal reform, although it remains within the framework and supremacy of legislation. Therefore, synergy between judicial discovery and formal legislation is essential to achieve an adaptive, responsive, and just legal system in Indonesia.
PERAN YURISPRUDENSI MAHKAMAH AGUNG DALAM MEMBENTUK KEPASTIAN HUKUM DAN KONSISTENSI PUTUSAN DI INDONESIA: STUDI KEPUSTAKAAN Gunawan Widjaja; Cecep Suhardiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
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This study discusses the important role of Supreme Court jurisprudence in establishing legal certainty and consistency of decisions in the Indonesian judicial system. Although the Indonesian legal system emphasises written sources of law, the emergence and application of jurisprudence has become increasingly significant, especially in overcoming legal ambiguities and gaps resulting from inadequate regulations in legislation. By providing interpretative guidelines and practical standards, Supreme Court decisions serve as persuasive references for lower courts, thereby minimising disparity in rulings and enhancing the predictability of case outcomes. This study highlights how the utilisation of jurisprudence not only strengthens public trust in the judicial system but also contributes to the integrity and legitimacy of court decisions. However, challenges remain, such as limited access to relevant decisions and uneven understanding among judges. Therefore, sustained efforts—including the digitisation of decisions and regular training—are needed to optimise the function of jurisprudence in achieving legal certainty and consistency in Indonesia.

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