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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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TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN ATAS PERLINDUNGAN BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN DAN UNDANG-UNDANG BPOM Ramadhan Sadam Husein; M Sifa Fauzi Yulianis
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The purpose of this study is to discuss and analyze the form of consumer protection based on Law Number 8 of 1999 concerning Consumer Protection and discuss and analyze the form of consumer protection based on the BPOM Law. This research is included in normative juridical research. The results showed that the form of consumer protection based on Law Number 8 of 1999 concerning Consumer Protection consists of protection against the possibility of goods handed over to consumers not in accordance with what has been agreed with consumers and protection for consumers who get unfair conditions. The results of the study also show that there are many forms of consumer protection based on the BPOM Law, including socialization to the community, providing guidance to the community as business actors and consumers, direct inspection of food and beverage products in shopping center facilities from the BPOM team, supervision of direct coaching and inspection held by the BPOM team in food product circulation facilities.
LEGAL ANALYSIS OF BUYING AND SELLING DROPSHIP SYSTEM GRAIN IN MADIUN REGENCY(Verdict Study PN: No. 128/Pid.B/2022/PN Mjy) Andika Risa Kurniawan; Haniyah
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

In the dropship system, sales have many advantages and disadvantages in buying and selling transactions. In buying and selling, the drop ship system also causes legal problems, namely dishonest sellers, sellers who do not send goods, drop shippers who do not pay off debts to suppliers for various reasons, inaccuracy in delivery times that are as agreed, and so on. Therefore, the author tries to understand and conduct a legal analysis of grain sales with a drop-ship system in Madiun. In this case, the dropship perpetrator did not pay off the grain purchase payment to the supplier, and the perpetrator ran away. Meanwhile, the buyers have paid off the fee for grain purchases to dropship actors. This study aims to determine the dropship system for grain sales in Madiun as well as preventive actions from the Madiun Police against the sale and purchase of grain dropship system in Madiun and analyse cases of fraud and embezzlement of the grain dropship system with PN Decision Study: No 128/Pid.B/2022/PN Mjy. This research is included in normative legal research type research, with research legal sources obtained from the 1945 Constitution, Criminal Code, legal research reports and so on. Based on the results of the study, it can be concluded that the existing grain dropship buying and selling system in the city of Madiun still needs to be improved in this system. Moreover, there needs to be further law enforcement related to selling dropship system grain.
PENEGAKAN HUKUM TERHADAP KEKERASAN SEKSUAL TERHADAP ANAK MENURUT UNDANG-UNDANG NO.35 TAHUN 2014 (STUDI KASUS POLRES BANGKALAN) Chandra Anggara Putra; Haniyah
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Sexual violence against children is a serious problem that requires effective legal treatment. This study aims to analyze law enforcement against sexual violence against children based on Law No. 35 of 2014 in the jurisdiction of Bangkalan Police Station This study uses a type of empirical legal approach. Data is obtained by examination of case files, and analysis of related documents. The results showed that the Bangkalan Regional Police has made maximum efforts in law enforcement against sexual violence against children. Factors such as lack of public awareness, limited resources, and legal constraints are still challenges in handling this case. However, there have been improvements in coordination between law enforcement agencies, strengthening aspects of child protection, and adoption of technology in investigations. The conclusion of this study is the need for increased cooperation between authorities, communities, and child protection agencies to ensure more effective law enforcement. Prevention and education efforts need to be increased to address the root causes of sexual violence against children. The implications of these findings can be used as a basis for relevant parties in designing more effective and sustainable policies to protect children from sexual violence
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. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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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.
DISPARITAS PUTUSAN HAKIM DALAM PERKARA PERBUATAN MELAWAN HUKUM TERHADAP PEMBATALAN PERJANJIAN SEWA-MENYEWA SECARA SEPIHAK Nur Hidayatullah; Nur Arifudin; Amsari Damanik
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Unilateral cancellation of the agreement before the end of the agreement period is categorized as unlawful. In some cases of unilateral cancellation of lease agreements submitted to the District Court, there are differences in legal considerations by the Panel of Judges in interpreting elements of unlawful acts in unilaterally canceling agreements resulting in disparity in decisions. The research method used is doctrinal research based on a legal issue that is examined in several District Court decisions with a statutory approach and relevant legal theories. The results showed that the disparity in judges' decisions in Decision Number 760/Pdt.G/2017/PN.Dps, Decision Number 404/Pdt.G/2019/PN.Bdg, and Decision Number 196/Pdt.G/2020/PN. Jkt.Sel in its legal consideration, the Panel of Judges considered that not all unilateral cancellation of agreements can be categorized as unlawful acts based on certain things that prove that there is strong evidence and clear reasons for one party to cancel the lease agreement unilaterally. Efforts to minimize the disparity of the three decisions are the establishment of a more specific agreement clause that regulates provisions related to matters that cause the cancellation of the lease agreement, the Panel of Judges is more optimal in assessing the facts revealed in the trial, the use of jurisprudence and improving guidance and evaluation for judges by the Supreme Court.
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. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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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.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMBAKARAN RUMAH DI PELABUHAN KABUPATEN PENAJAM PASER UTARA Jurniati Jurniati; Rini Apriyani; Orin Gusta Andini
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
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The crime of burning a house requires law enforcement and legal accountability because it is a criminal act that violates Article 187 of the Criminal Code relating to the crime of burning a house and is the authority of law enforcement officials to enforce the law against perpetrators of house burning and is subject to punishment in accordance with the article imposed. The research approach was carried out using social and legal by conducting interviews with law enforcement officials, namely the East Kalimantan Regional Police, as well as interviews with Paser traditional heads regarding Paser traditional rituals related to house burnings that occurred in North Penajam Paser Regency, which aims to analyze two main points. The discussion is related to the law enforcement process against the perpetrators of house arson in North Penajam Paser Regency and the obstacles to law enforcement. The results of the research show that in the law enforcement process carried out by the East Kalimantan Regional Police, they were only temporarily detained and released because they were afraid it would cause bigger problems and endanger many people, therefore the East Kalimantan Regional Police carried out mediation with both parties between the Bugis and Paser traditional tribe with traditional peace rituals because it is a social conflict.
LAPORAN KETERANGAN PERTANGGUNGJAWABAN KEPALA DAERAH TERHADAP HASIL PENYELENGGARAAN URUSAN PEMERINTAHAN DALAM PERSPEKTIF OTONOMI DAERAH Mubaraq Mubaraq; Tri Widiastuti, Arga Chon Feriandref, Eka Ermala, Othman Ballan, Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
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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 Sherly Joice Pangayow
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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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. 2 No. 3 (2024): Journal of Law and Nation
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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.

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