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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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ANAK ANGKAT DAN PENGATURAN WASIAT WAJIBAH: PANDANGAN KOMPILASI HUKUM ISLAM Asep Mahbub Junaedi; Adang Djumhur Salikin
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Adoption constitutes a form of familial bond without severing biological ties with the birth parents. Under the Compilation of Islamic Law (KHI), adopted children are entitled to receive up to one-third of the estate as mandatory bequest from their adoptive parents. This research evaluates the regulations concerning mandatory bequest for adopted children within the KHI framework using a normative juridical method, focusing on legislative aspects. The findings indicate that although providing legal certainty, these regulations have not entirely addressed the interests of adopted children, particularly regarding the allocation of shares. Research recommendations include enhancing legal clarity within the KHI concerning the allocation of shares to adopted children and emphasizing the importance of public awareness and governmental dissemination regarding the regulations of mandatory bequest for adopted children within the KHI, aiming to broaden the general understanding of this matter
PENEGAKAN HUKUM BAGI PENGEMUDI KENDARAAN BERMOTOR DI BAWAH UMUR TANPA SURAT IZIN MENGEMUDI DITINJAU DARI UU NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DIWILAYAH SURABAYA PUSAT Muchammad Eko Pramono; Tuti Herningtyas
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The purpose of this study is to discuss and analyze law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Road Traffic and Transportation in the Central Surabaya area as well as discuss and analyze obstacles in law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Traffic and Road Transport in Central Surabaya area. This research is included in normative juridical research. The results showed that law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Traffic and Road Transportation in the central Surabaya area was carried out with several efforts, namely: a) Provide an explanation that traffic regulations are important; b) Conduct traffic raids; c) Provide information or socialization.; and d) Increased technical traffic activity in the form of road repairs, or traffic signs and systems that control traffic flow. The results also showed that obstacles in law enforcement for underage motorized vehicle drivers without a Driver's License based on Law Number 22 of 2009 concerning Road Traffic and Transportation in the central Surabaya area include: limited persnonil and number of vehicles to patrol, lack of funds for operational activities, lack of socialization and public awareness about traffic signs
PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANASKIMMING(Studi Di Polres Kutai Kartanegara) Desi Redita Sari; Rini Apriyani; Amsari Damanik
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The crime of skimming is the theft of debit or credit card information by illegally copying the information on the card's magnetic stripe. In general, ATM skimming crimes are regulated in Article 362 of the Criminal Code (KUHP) and in Article 30 paragraph (1) jo Article 46 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information. This study aims to analyze law enforcement against skimming offenders in Kutai Kartanegara. The research method used is an empirical approach or socio legal research. The results showed that law enforcement against the perpetrators of skimming crimes at the Kutai Kartanegara Regional Police had not been implemented optimally. In this case, there are still many cases of skimming crimes in the last 4 years that are still in the process of investigation and investigation, so there are still few cases that reach the stage of case settlement. One of the inhibiting factors in law enforcement is the lack of understanding and caution of the public in using ATM cards in making transactions at ATM machines
PENEGAKAN HUKUM TERHADAP AKSI UNJUK RASA YANG MENIMBULKAN KERUSAKAN PADA FASILITAS UMUM Dioba Akdemart Sila Kharisudanya; Lusia Sulastri; Melanie Pita Lestari
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

In this study, the authors used a legal sociological approach, namely an approach that seeks to study law in a social context in order to understand the phenomenon of demonstrations that cause damage to public facilities in society. First, the author conducts legal studies in a social context related to individuals and society itself. Then the author conducts an analysis of the several sources of data obtained, namely, Primary Data is data that researchers obtain directly from news of demonstrations against the Job Creation Law which took place in anarchy, Secondary Data is data obtained from library research or literature studies. This studies provides recommendations so that people with self-awareness begin to increase their knowledge about how to express opinions in public properly and what laws and sanctions can be imposed on anyone who does not express opinions in public in an orderly manner & the consequences and sanctions that ensnare the prepetrators of destroying public facilities. In conclusion, this study concludes that the causes of demonstrations that have an impact on damage to public facilites can be caused by individuals, provocateurs and surrounding circumstances. Not only that, there are three efforts that are also carried out by the authorities, namely preemptive, preventive and repressive efforts. Thus, this research is expected to contribute to new understanding and knowledge and can be used as legal development in overcoming demonstrations that damage public facilities.
PEMBERATAN SANKSI PIDANA RESTITUSI BAGI GURU SEBAGAI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL Ardy Ambarkasih; Ida Budhiati; Rachmat Kurniawan Siregar
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The imposition of a criminal sanction of restitution for a teacher who commits a crime of sexual violence, as in the case of Herry Wirawan, is a serious and important matter to be considered by the court. Sexual violence, especially when committed by a teacher who is supposed to be an authoritative and safe figure for his pupils, is a serious violation of trust and security. Strengthening criminal sanctions with restitution could be an appropriate step to have a significant impact on the perpetrators of sexual violence. Restitution in this context could mean giving compensation to the victim as a form of acknowledgement of the impact caused by the perpetrator's actions. These sanctions could be a form of justice for the victims and affirm that such acts are intolerable in society. However, it should also be considered that the lifting of criminal sanctions is not the only thing to be considered in dealing with such cases. The legal process must consider justice, rehabilitation, as well as preventive efforts to prevent such acts of violence from happening again in the future. In addition, the education system also needs to take measures to ensure the safety and protection of the students so that similar cases do not happen again. Any criminal act must be treated seriously and proportionately in accordance with applicable law, taking into account justice for victims, rehabilitation for perpetrators, and preventive efforts for a safer future for all parties involved.
IMPLIKASI KEBIJAKAN PENGELOLAAN SUMBER DAYA ALAM TERHADAP ASPEK KEBERLANJUTAN SOSIAL DAN LINGKUNGAN Illyas Anshori; Aji Setyawan; Aulia Firdaus
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Policy is a critical role of natural resource management (SDA) in Indonesia in maintaining sustainability and balance between economic growth, social welfare and environmental conservation. Indonesia, as a country rich in natural diversity, faces serious challenges in designing adequate natural resource management policies in the contemporary era. Rapid economic growth and urbanization have increased pressure on natural resources, giving rise to conflicts between economic, social and environmental interests. This research aims to explore the implications of natural resource management policies in Indonesia on social and environmental aspects. From a social and environmental perspective, this research highlights the rights of local communities, especially indigenous groups, in the use of natural resources, as well as the importance of their participation in decision making which has implications for environmental sustainability. The research method used is a normative juridical method, by examining library materials and secondary data to analyze normative and legal aspects in natural resource management problems. This research aims to contribute to a deeper understanding of the influence of natural resource management policies on social and environmental aspects in Indonesia, as well as providing a basis for developing more effective and sustainable policies in the future.
PERDAGANGAN PAKAIAN BEKAS YANG DIIMPOR DALAM PERSPEKTIF HUKUM PIDANA Annida Fadilla Fikri
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The prohibition of importing second-hand clothing is stipulated in several Indonesian laws and regulations. However, the imposition of a 35% import duty on used clothing in Minister of Finance Regulation No. 26/PMK.010/2022 on the Classification System of Goods and the Imposition of Import Duty Tariffs on Imported Goods creates normative conflicts. This analysis advocates for the application of lex specialis derogat legi generalis to resolve normative conflicts between Minister of Trade Regulation No. 18 of 2021 on Prohibited Export and Import Goods and Minister of Finance Regulation No. 26/PMK.010/2022. In this context, Minister of Trade Regulation No. 18 of 2021 serves as lex specialis, derived from the Trade Law as its lex generalis. As the ban on importing used clothing is not explicitly repealed in both regulations, Minister of Trade Regulation No. 18 of 2021 is deemed effective. Consequently, the regulations regarding used clothing in Minister of Finance Regulation No. 26/PMK.010/2022 will be overridden, automatically prohibiting the import of second-hand clothing in Indonesia. In the process from importing used clothing to reaching consumers, various stakeholders, including the Directorate General of Customs and Excise, freight carriers, Customs Clearance Service Business Actors (PPJK), importers, businesses, and consumers, are involved. Despite imported second- hand clothing often being the result of smuggling, not all parties can be criminally held accountable. However, accountability requirements include committing a criminal act, being capable of responsibility, demonstrating culpability, and having no justifiable reasons for pardon
PERLINDUNGAN HUKUM TERHADAP ANAK JALANAN SEBAGAI KORBAN EKSPLOITASI EKONOMI Eka Aulia Novianti; Ida Budhiati; Diana Fitriani
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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Abstract

The phenomenon of exploitation of street children, especially in Bekasi City, is a complex social problem. Living as street children is not a pleasant choice and their existence is often a problem for many parties, families, communities and countries, so it is very necessary to protect the exploitation of street children and the fulfillment of children's rights should receive serious attention. The purpose of the study was to determine the legal protection against the exploitation of street children in Bekasi City and to find out the obstacles faced regarding legal protection against the exploitation of street children in Bekasi City and their solutions. This research is sociological juridical research, namely juridical research is research that uses rules and legislation related to the problem under study, while sociological research is an approach that uses primary data with the support of secondary data. Primary data is data obtained from the community directly or obtained from law enforcement officials related to this study. Secondary data is data obtained by conducting literature research. The result of this study is that legal protection against the exploitation of street children in Bekasi City is included based on Mayor Regulation Number 1 of 2021 concerning Bekasi City Child Protection as a Legal Protection Arrangement for children victims of economic exploitation and with regulations to protect economically exploited children not balanced with the implementation of these regulations, So it is very possible that there are many problems that arise in these street children that cannot be resolved by law enforcement officials.
PERTANGGUNG JAWABAN PIDANA PELAKU AKTIF TINDAK PIDANA PENCUCIAN UANG DALAM HAL PENGEMBALIAN ASET HASIL KORUPSI Salman Alfarizi Antas; Dwi Andayani Budisetyowati; Diana Fitriana
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

In this study, it aims to analyze a criminal act of money laundering committed by active actors in terms of returning assets resulting from corruption, the process of money laundering carried out by active actors causes something that is very detrimental to the state and bureaucracy. Money laundering is a follow-up crime in which a crime that participates in corruption which is an extra ordinary crime. 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 theoretical framework in this study uses the theory of legal certainty, law enforcement theory, and corruption theory. The conceptual framework in this study uses criminal responsibility of active actors, money laundering, and return of assets resulting from corruption. The results of the research obtained in the conclusions and suggestions of this study are that money laundering is an act that deviates from legal norms and also violates the rules of the law that has been written. And the form of criminal responsibility is that the perpetrators of the crime of laundering must be held accountable for their actions by carrying out the punishment that has been set. The government and law enforcement officials can make a policy that is contained in a form of legislation by prioritizing the effectiveness of the legal product and accompanied by a good legal structure and culture to be able to prevent and eradicate money laundering.
PERTANGGUNGJAWABAN PIDANA DALAM KASUS PEMBUNUHAN BERENCANA ATAS PERINTAH ATASAN Muhamad Indra Aryan; Edi Saputra Hasibuan; Rabiah Al Adawiah
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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Abstract

In this study, it aims to examine a criminal act of premeditated murder that occurs when a superior orders his members to commit a criminal act of premeditated murder that occurs in the State Civil Apparatus of the Republic of Indonesia. The research method used is the Normative research method by approaching the Legislation and the case approach. Types and sources of legal materials used use primary, secondary, tertiary materials by collecting legal materials. The theoretical framework in this research uses the theory of legal certainty, law enforcement, and the crime of murder. The conceptual framework in this study uses criminal liability, premeditated murder, and abuse of authority. The results obtained in the conclusions and suggestions of this research, conclude that the sentencing of this case is in accordance with legal certainty which refers to positive law, facts, reality. The judges of the district court have considered the defendant with several considerations so that the death penalty can be imposed by referring to juridical considerations and aggravating circumstances, and the Supreme Court judges have mitigated by focusing on mitigating and non-juridical matters. Considering that the District Court Panel and the Cassation Panel must weigh and decide the decision fairly, wisely, and impartially as stated in Law No. 48 of 2009 concerning Judicial Power.

Page 10 of 26 | Total Record : 254

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