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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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UPAYA PENYELESAIAN TERHADAP WANPRESTASI DALAM LAYANAN JASA FOTOGRAFI DI KOTA PADANG Yunanda Sukma; Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Examining default in photographic service agreements in Padang City and attempts to address it are the goals of this study. In the rapidly expanding field of wedding and event photography, disputes between clients and vendors sometimes result in defaults. Defaults might take the form of untimely payments, inconsistent outcomes, or unilateral cancellation. Using primary data from interviews and secondary data from regulatory and literature analysis, this study employs normative methodologies. The findings demonstrate that weaker written and verbal agreements are typically the cause of defaults. Usually, non-litigation methods like discussion and notification are used to settle default; going to court is the final resort. The purpose of this study is to advance knowledge and offer suggestions for the resolution of defaults in photography services, assisting legislators, attorneys, and
PENEGAKAN HUKUM TERHADAP PENCEMARAN LINGKUNGAN AKIBAT TAMBANG BATU BARA (STUDI KASUS PUTUSAN PN NOMOR 10/PDT.G/2018/PN) Yemima Nurhaida Sryagnes Batubara; Lamtiurma Sinaga, Fajar Tri Kesuma, Sari Sesilia Depari, Risa Elvina Nasution, Bella Natasiya
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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Environmental pollution due to coal mining is a serious problem in Indonesia. Environmental pollution due to coal mining occurs because mining activities do not comply with the harmony of the ecosystem in the environment. The problem is how to enforce the law regarding environmental pollution caused by coal mining, what impacts it causes and how effective law enforcement is. That the defendant has violated the law by carrying out acts of pollution and destruction of the environment. Defendants may be required to be responsible for environmental losses caused by their activities, and may be subject to sanctions in accordance with applicable regulations. The impact of mining activities causes environmental pollution for the plaintiff who suffers both material and immaterial losses. The effectiveness of law enforcement has not been effective because the plaintiff's lawsuit was not accepted by the panel of judges, but it is clear that there has been water, air and noise pollution caused by coal mining.
PERLINDUNGAN HUKUM BAGI PEMEGANG POLIS TERHADAP PERJANJIAN ASURANSI JIWA MENURUT UNDANG – UNDANG NOMOR 40 TAHUN 2014 TENTANG PERASURANSIAN(Studi kasus di PT.Prudential,tbk Cabang Semarang) Duwi Aryadi; Arga Chon Feriandref, Eka Ermala, Tri Widiastuti, Othman Ballan, Mubaraq
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Controversy between the policy holder and the insurance company regarding an agreement which is then included in the policy deed has become a serious problem in the insurance business in Indonesia where the rights obtained by the policy holder are not in accordance with what has been agreed. On the other hand, policy holders are generally individuals and quite a few have weak economic conditions. Thus, it is interesting to review juridically regarding legal protection for policy holders against life insurance agreements, the problem formulation is as follows: 1) What is the legal protection for policy holders against life insurance agreements based on Law Number 40 of 2014 concerning insurance; 2) What factors influence legal protection for policy holders regarding life insurance agreements at PT. Prudential life, and how to solve it; 3) How is the dispute resolved between the policy holder and the policy insurer at the insurance company (PT. Prudential, life). This research uses an empirical juridical approach method with analytical descriptive research specifications, the sources and types of data used are primary data and secondary data, and the data analysis used is descriptive qualitative with data collection techniques using library research and field studies. The research location is the Semarang Prudential Insurance branch office located at Jalan Dr. Cipto, Karangturi, East Semarang, Semarang City, Central Java. Based on the research results, it can be seen that: 1) legal protection for life insurance policy holders based on insurance law has been clearly regulated in article 53 and article 54 of Law Number 40 of 2014 concerning insurance. Legal protection for policy holders is not limited to insurance law, but is also protected by OJK regulation Number 1/POJK.07/2013 in article 1 paragraph 1, article 4 and article 7. As is the duty and authority of the OJK as an instrument to supervise and limiting insurance companies in their abuse of policy holders. 2) the most dominant factor influencing legal protection for policy holders is the factor of insurers and insurance agents in providing services and granting claims which are often seen by insureds as complicated in their procedures. 3) dispute resolution of claims rejection by the insurer is more likely to be resolved through mediation as mandated in article 54 of the insurance law (paragraphs 1-4) as an example of the case in the name of Hotmauli Manurung with the company PT. Prudential, life.
PERTANGGUNGJAWABAN NAZHIR ATAS PENGELOLAAN TANAH WAKAF YANG TIDAK SESUAI DENGAN ASAS UU NO 41 TAHUN 2004TENTANG WAKAF(STUDI KASUS DI TANAH MESJID AL-MUHAJIRIN) Hikmah Fauziah; Hasballah Thaib, Zamaksyari Bin Hasballah, Utary Maharany
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Management of waqf land is a very important responsibility for the nazhir, which is regulated by Law no. 41 of 2004 concerning Waqf. Waqf plays a crucial role in people's lives, both from a social, economic and religious perspective. The land of the Al-Muhajirin Mosque as an object of study in this context highlights the complexities and challenges that nazhir may face in carrying out their obligations in accordance with the principles established by the waqf law. This research examines the problem, how to apply the principle of legal responsibility to waqf nazhir who manage waqf land, seen from Law no. 41 of 2004 concerning Waqf and Islamic Law? What are the nazhir's obstacles in carrying out his obligations to manage waqf land in terms of Law no. 41 of 2004 Concerning Waqf? What sanctions are given to Nazirs who do not carry out their obligations in accordance with the law? This research method uses a type of normative legal research (normative juridical) which is descriptive analytical in nature. The data sources used in research using the normative juridical approach method are secondary data using legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials using library research data collection techniques and field research, namely a research carried out systematically by collecting existing data in the field. Nazir waqf research results must be held accountable in accordance with Law no. 41 of 2004 and principles of Islamic law. They must carry out their duties carefully, both legally and socially. However, obstacles such as the illegal appointment of the BKM Chair and the lack of human resources at the Al-Muhajirin Mosque can hamper the efficiency of waqf management. Sanctions for nazhir who violate obligations can be in the form of warnings, revocation of mandates, or administrative sanctions such as fines. Mistakes in waqf management can have serious consequences because they involve assets entrusted to them.
TANGGUNG JAWAB HUKUM BAGI NOTARIS YANG DIJATUHI PIDANA TERHADAP BERKAS YANG MASIH DIPROSES Muhammad Yuhdi Ilhaqh; Suprayitno, Mahmud Mulyadi, Marlina
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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A notary is a public official who has the authority to make authentic deeds in accordance with Article 1 number 1 of Law Number 30 of 2004 concerning the position of notary (UUJN). Notaries who violate statutory provisions must be held civilly, administratively or criminally responsible according to their actions. Article 13 UUJN only regulates the dishonorable dismissal of Notaries who have been sentenced to permanent legal penalties of more than 5 years or more, whereas Notaries who have been detained or sentenced to less than 5 years can be temporarily dismissed and submission of the notary protocol can only be handed over to the appointed Notary in the event of dismissal. while more than 3 months according to Article 63 paragraph (3) UUJN. The type of research used in this research is normative, this research is analytical descriptive. The data used to answer the problems in the research are secondary data sources. Data collection was carried out using library research. This research used qualitative data analysis. For a Notary who is being sentenced to a crime or is undergoing a period of temporary suspension, the Notary is not authorized to carry out his duties and position so that the file/deed cannot be made and if it is made then the file/deed will be invalid because the authority of the notary is revoked. The authority and position of a Notary who has been temporarily suspended can be restored and returned to being a Notary and carry out his/her position if the temporary suspension period has ended, this is in accordance with Article 10 paragraph (2) UUJN. The authority and position of a notary who is a suspect in a criminal case is not necessarily suspended forever. However, it is best as a notary to carry out his duties honestly and follow both UUJN and applicable regulations. There needs to be clearer regulations regarding files that are still being processed if the notary is sentenced to a crime. It would be good if the notary with suspect status is given a temporary suspension, even if it does not reach 3 months, so that the notary becomes more careful in carrying out his duties.
PENYELESAIAN SENGKETA PERBATASAN TERKAIT STATUS KEPEMILIKAN BLOK AMBALAT ANTARA INDONESIA DAN MALAYSIA Monika Ivana Pretty Key; Yohanes Arman, Meryana Susi Paula Bere, Shelvia Sipa Hekin
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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This study aims to determine: (1) Status of ownership Ambalat Block viewed from International Law. (2) Way of settlement of dispute between Indonesia and Malaysia related to Pengklaiman Ambalat Block. The method used in this research is the method of normative law with the approach of law, Historical Approach and Approach fact. The sources of legal materials used in this study are primary,secondary, and tertiary materials. Legal analysis used From the research results indicate that, (1) Ambalat Block which claimed by Indonesia and Malaysia belongs to Indonesia based on Djuanda Declaration of 1957 followed by Prp. 4/1960 on Indonesian sea . Law no. 17 of 1985 which has been ratified by Indonesia Law No.6 of 1996 on Indonesian waters, Government Regulation no. 38 of 2002 on the Geographic Coordinates list of the points of the archipelagic lines of the archipelago and the government regulation no. 37 of 2008 About Amendment to Government no. 38 of 2002 on the List of Geographical Coordinates of the points of the archipelagos of the archipelago. While Malaysia is just an ordinary coastal state that is only justified to draw a normal base line (regular) and straight line base if it meets the requirements. (2) The settlement of a dispute related to the claiming of Ambalat Block between Indonesia and Malaysia shall be conducted under Articles 1, 2 and 33 of the UN Charter on the settlement of disputes peacefully by way of negotiations.
KEPASTIAN HUKUM BAGI KORBAN TINDAK PIDANA MANIPULASI DATA OTENTIK DALAM KASUS KEJAHATAN CYBER PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN(Studi Putusan 786/Pid.B/2022/PN Jkt.Sel) Bambang Hartono; Suta Ramadhan, Nathaniel Benecia Simanjuntak
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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Forgery comes from the word fake which means "inauthentic, illegitimate, imitation, fake, while forgery is still from the same source defined as the process, method, act of counterfeiting". Factors causing perpetrators to commit criminal acts of manipulating authentic data in Cyber crime cases decided by the South Jakarta District Court (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). and Criminal Responsibility of Perpetrators of Criminal Acts of Manipulating Authentic Data in Cyber Crime Cases South Jakarta District Court Decision (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). The research method used in this thesis research is a normative juridical approach and an empirical approach. Based on the research results obtained, it can be concluded that the factors causing the perpetrator to commit the crime of manipulating authentic data in the cyber crime case, the decision of the South Jakarta District Court (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). influenced by bad economic factors alone are the main factors causing criminal acts of forgery of letters, but the presence of human greed and weak individual faith and morals are also the driving force for criminal acts of forgery of letters committed by the perpetrators. and Criminal Responsibility of Perpetrators of the Crime of Manipulating Authentic Data In the Cyber Crime Case Decision of the South Jakarta District Court (Study Decision Number: 786/Pid.B/2022/PN Jkt.Sel). which was imposed by the defendant with a prison sentence of 1 (one) year, lighter than the demands of the Public Prosecutor who demanded that the defendant be imprisoned for 2 years
PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA DALAM PENYEBARAN FOTO DAN VIDEO ASUSILA MELALUI MEDIA SOSIAL(Studi Putusan Nomor: 429/Pid.Sus/2022/PNTjk) Opan Saputra; I Ketut Seregig; Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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Immoral crime is an act that deviates from the norms of decency which describes the actions and views of the harasser to the person being harassed where the views are humiliating,demeaning or worthless. Research problems regarding the criminal causes of theperpetrators of spreading immoral photos/videos through social media and the criminalresponsibility of the perpetrators of spreading immoral photos/videos through social media.The research method uses: 1. a normative juridical approach carried out by studying normsor rules, 2. an empirical approach carried out by interviewing informants. The causativefactor was that it was true that the perpetrator did not accept it because the witness-victim wanted to end his romantic relationship with the perpetrator, so without the permission andknowledge of the witness-victim, the perpetrator spread the immoral pictures/photos/videosof the witness-victim. Criminal responsibility for the perpetrator has fulfilled all the elementsin accordance with the indictment by the public prosecutor with an alternative form ofindictment to Article 27 paragraph (1) of the ITE Law, so the Judge imposes a sentence onthe perpetrator with imprisonment for 3 (three) years and a fine of IDR 1 ,000,000,000.00(one billion rupiah) if the fine is not paid then it is replaced by imprisonment for 4 (four)months. The judge's decision is appropriate and ensnares the perpetrator so that he does notrepeat his actions in the future, and creates a deterrent effect on the perpetrator.
IMPLEMENTASI ASAS KEHATI-HATIAN DALAM PERLINDUNGAN DATA PRIBADI BERDASARKAN UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI DI ERA DIGITAL 5.0 Andri Pranata; Agustinus Arif Juono, Binarida, Aullia Vivi Yulianigrum
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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In the digital era, personal data protection has become a crucial aspect to maintain social stability and public trust. This article examines the implementation of the principle of caution in personal data protection in Indonesia based on Law Number 27 of 2022 concerning Personal Data Protection. This research uses a normative method with a conceptual and legislative approach, supported by descriptive- qualitative analysis. The results show that despite the regulations being implemented, there are still several obstacles such as lack of understanding, technological limitations, high costs, shortage of experts, and suboptimal coordination between institutions. To overcome these obstacles, efforts are needed to increase education and socialization, invest in security technology, train experts, and enhance coordination between related institutions. Thus, personal data protection in Indonesia can be more effective in facing the challenges of the digital era.
PERAN PEMKOT SAMARINDA DALAM MEWUJUDKAN TAMAN SEJATI SEBAGAI RUANG TERBUKA HIJAU YANG BERKEARIFAN LOKAL Robin Dana; Sadam Kholik, Aullia Vivi Yulianingrum
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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The importance of the existence of Green Open Space (RTH) in urban areas is undeniable. From the view of many experts, the existence of Green Open Space (RTH) is important for improving air quality in urban areas, regulating urban microclimate, sweeping dust in urban areas, reducing noise, supporting water management systems in urban areas, supporting germplasm preservation, as well as supporting urban use and management. land preservation. The aim of this research is to find synchronization of the role of the Samarinda City Government's policies in efforts to realize Taman Sejati as a Green Open Space with local wisdom for the Samarinda City Community. The local wisdom of living communities needs to be actualized and strengthened in the form of regulations by the Regional Government of Samarinda City in the form of regional government policies so that it can be accepted in plural and heterogeneous society. Taman Sejati as a green open space that embodies local wisdom can be used as a model for protecting, maintaining and preserving the natural resources of Samarinda City.

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