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INDONESIA
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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PEMBANGUNAN KAWASAN PERBATASAN INDONESIA DENGAN NEGARA MALAYSIA DI WILAYAH KECAMATAN BADAU KABUPATEN KAPUAS HULU Yohanes Arman; Esmeralda Magdalena Da Costa, Ni komang Enjel Prawiantari, Stanislaus Defretin Parlan
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This thesis researching the problems Indonesia Border Area Development In Malaysia In Sub Region Badau Kapuas Hulu. From the results of research using normative legal research methods can be concluded: 1. Government Policy in the Kapuas Hulu Development Plan, based on the provisions of Law Number 25, 2004 on National Development Planning System, which produces RPJPD Years 2005-2025, RKPD 2011-2015 and Kapuas Hulu budgeting. Prior to the formation of BNPP, BPP and BPP Provincial District as the implementation of Law Number 43, 2008 on Regional State President Jo Regulation Number 12, 2010 on the National Border Management, Border Area Development Planning Kapuas Hulu become an integral part of RPJPD, RPJMD and RKPD Kapuas Hulu. However, after the formation of BNPP, BPP and BPP Province Kapuas Hulu, border area development planning Kapuas Hulu on Priority Area (Locations Priority) Badau, Puring Kencana, Putusibau North, South Putusibau, Embaloh Hulu, and Trunk Lupar, switch to BNPP. 2. The presence of the Minister of Home Aflairs Regulation Number 2, 2011 on Guidelines Establishment of Regional Border Management Agency, which regulates the powers, duties and functions of the Border Management Agency (BPP) BPP provincial and regency/city in Article 6 and Article 7, essentially a government takeover of authority Provincial and Regency / City Government as provided for in Article 11 and Article 12 of Law Number 43, 2008, which led to legal and technical issues in the implementation of border area development Kapuas Hulu aspect of applying the principle of deconcentration, desentraliasai and tasks. 3. Locations Priority Badau is an area that has a superior resource potential for development of local economic activity and encourage regional economic units. Badau strategic position in the border country that has direct access to the East Malaysian state Srawak a driving factor (push factor) for the economic development in the District and surrounding Badau, towards the realization of the border as the front porch Homeland. Further recommended that the Minister of Home Aflairs Number 2, 2011 on Guidelines Establishment of Regional Border Management Agency, which regulates the powers, duties and functions of the Border Management Agency (BPP) BPP provincial and district / city to take over the authority of the Provincial Government and District/ City as provided in Article 6 and Article 7 of Law Number 43, 2008, to do a judicial review to the Supreme Court because it is against Article 11 and Article 12 of Law Number 43, 2008 on territory or "Cancel For Law".
PENEGAKKAN HUKUM TERHADAP PELAKU PENGGELAPAN UANG SETORAN DI PT. NIPSEA PAINT AND CHEMICALE CABANG BANDAR LAMPUNG(Studi Putusan Nomor : 527/Pid.B/2023/PN.Tjk) Nadira Nadira; I Ketut Seregig, Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Law enforcement is related to the notion of "law enforcement" in the narrow word, and the notion of justice in the broad sense is substantive law, namely the upholding of justice. Criminal prosecution means an effort to make law a guideline, both in a narrow formal sense as well as in a broader substantive sense. The research uses a normative legal approach as well as an empirical legal approach. the data source used is secondary data and the type of data used includes secondary data, tersier data and primary data. The process of data analysis is described and analyzed qualitatively, The process of data analysis is described and analyzed qualitatively, and the results of the analysis are interpreted in the form of deductive conclusions, namely answers to problems according to research results. according to the results of the research and discussion that have been presented, the authors are of the opinion that the imposition of a prison sentence of 1 year and 6 months on the defendant is appropriate using the crime committed by the defendant in such a way as a result of which it can cause a deterrent effect. Of course, when deciding on a case, the judge will consider information such as testimony from witnesses and the accused to state what actually happened, the existence of evidence supporting the judge's consideration in imposing sanctions on the defendant, as well as the existence of aggravating and mitigating factors. element. So, the judge also weighed in accordance with Article 374 of the Criminal Code on the crime of embezzlement of office.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENGANIAYAAN TERHADAP ANAK KANDUNG YANG MENGAKIBATKAN MENINGGAL DUNIA(Studi Putusan Nomor 109/Pid.Sus/2023/PN Kot) Alika Kristinawati; I Ketut Seregig, Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The KBBI defines violence as the actions of a person or group of people that cause physical damage to someone else's property or belongings. Violence is a physical or psychological act committed by a person or group of people intentionally or unintentionally, directly or indirectly, personally or structurally, and often parents commit acts of violence against children with the result that many children experience trauma or could even die. Torture is a violent crime committed on the human body in various forms, resulting in injury or pain to a person's body and even death. In the Criminal Code, the general understanding is that abuse is a criminal act against the human body. This writing is aimed at finding out criminal liability and the factors that cause perpetrators to abuse their biological children which results in their death. The method used in this research is normative legal research and empirical law, namely research whose sources come from books, legislation, journals, interviews and other sources.
TINJAUAN VIKTIMOLOGI TERHADAP ANAK KORBAN KEKERASAN SEKSUAL SESAMA JENIS BERDASARKAN PUTUSAN NOMOR : 119/PID.SUS/2023/PN. Tjk. Rafiqo Mauli Novita; I Ketut Seregig, Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Referring to national data in the Online Information System (SIMFONI PPA), cases of sexual violence against children have increased over the past few years, namely in 2019 the number of cases of violence against children was recorded at 11,057 cases and increased by 11,278 in 2020. Then, a significant increase occurred in 2021, which reached 14,517 cases, until 2022 the number of sexual violence reached 16,106 cases. In Lampung Province, data on sexual violence against children in 2021 reached 681 cases, in 2022 it decreased to 600 cases, but in 2023 it again increased, reaching 696 cases. This series of data suggests that Indonesia is known as a polite nation, but the rate of sexual violence in this country is quite high. This situation further strengthens the assumption that Indonesia, especially Lampung Province, is in a state of sexual violence emergency. Currently, cases of sexual violence against children are not only focused on girls, boys are often victims of sexual crimes by perpetrators who have disorders or deviations. sexual. Sexual violence committed against children can be seen from a victimology perspective. Victimology is a complement or refinement of existing theories of criminal etymology according to the actual proportions dimensionally. The aim of this research is to discuss how victimization results in children becoming victims of same-sex sexual violence. This research uses qualitative methods and case study research type, using the theory put forward by Stephen Schafer,  a  criminologist  and  sociologist,  where  the  focus  of  the theory that the author uses in this research is victim typology theory, this theory explains  how victims  are  consciously or unconsciously contributed to the victimization he suffered. From this problem, researchers see several aspects that can trigger victims. Apart from that, the role of the government, community institutions and parents is needed to combat child predators and provide countermeasures for child victims of sexual violence.
AMBIGUITAS HUKUM : PERATURAN KEMENTERIAN PENDIDIKAN, KEBUDAYAAN, RISET DAN TEKNOLOGI NO. 30 TAHUN 2021 Sandiwan Putra Bintang Anugrah; Andyra Fathur Rizky; Ahcmad Maulana Rafit Arik
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

In the Unitary State of the Republic of Indonesia, society is predominantly composed of women. However, women of various ages, social statuses, and religions, who should be protected, often face sexual violence in their residential environments, workplaces, and educational settings. Higher education institutions, which are considered to provide costly education, also do not guarantee that their students are free from cases of sexual harassment. This phenomenon is a global issue occurring in many countries. In response to the increasing cases of sexual violence, the Ministry of Education and Culture issued Regulation of the Ministry of Education and Culture Number 30 of 2021 to protect students from threats of violence and sexual harassment. These cases cause mental and psychological disturbances, and it is only appropriate that the victims receive proper handling and not be further victimized by authorities on campus. This plan involves various parties, including students, lecturers, and educational staff. Universities have formed Task Forces for the Prevention and Handling of Sexual Violence to address these cases and conduct socialization and counseling through social media. It is hoped that with these steps, the academic community will have a better understanding of the prevention and handling of sexual violence.
GUGATAN PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH MANTAN REKTOR YANG DI BERHENTIKANSEBELUM MASA JABATAN BERAKHIR(Studi Putusan Nomor: 2/Pdt.Sus-PHI/2023/PN Tjk) Kris Chandra Aldyanto; I Ketut Seregig, Yulia Hesti
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Indonesia is a legal state, which contains all kinds of rules to improve the welfare of society. Indonesian citizens to fulfill their daily living needs by working. The fields of work in Indonesia are very diverse, ranging from farmers, fishermen, factory workers and so on. Recently there was a problem in Indonesia with the outbreak of the Covid-19 disease, which had many impacts on the citizens of the country, one of which was the economy. At that time, there were massive layoffs from entrepreneurs to their workers, giving rise to increased unemployment and poverty in Indonesia. During layoffs, many employees also file a lawsuit against their workplace to obtain justice in terms of severance pay, or work wages. This continues to happen to this day, there are still many entrepreneurs who behave abusively towards their employees so that many employees are fighting against the law.
TINJAUAN MENGENAI PROSES PENYELESAIAN TERHADAP PENETAPAN SENGKETA HASIL PEMILIHAN SERENTAK BAKAL CALON KEPALA DESA YANG DIANGGAP MELAKUKAN PERBUATAN MELAWAN HUKUM(Studi Putusan Nomor: 12/Pdt.G/2023/PN Kbu) Refi Shely Ristianti; Lintje Anna Marpaung
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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An unlawful act is an act that violates statutory regulations, an act that conflicts with the rights of another person, an act that causes harm to another party, and of course the party who commits the act must compensate the party who has suffered the loss. Article 26 of Law Number 6 of 2014 concerning Villages explains that the duties of the village head are to organize village government, carry out village development, empower village communities, and develop the lives of village communities. The formulation of the problem in this research is what forms of unlawful acts were committed by the defendant in the process of simultaneously selecting village head candidates and how the judge considered them in resolving disputes over the election results. The research method uses a normative juridical approach, namely research carried out by reviewing applicable legislation and an empirical approach carried out by looking at the reality in the field, in the form of interviews to be applied in order to answer problems related to the research problem. The results of this research show that the form of unlawful action that occurred in Decision Number 12/Pdt.G/2023/PN Kbu was because there was a mistake made by the defendant to the plaintiff, namely by providing additional selection of village head candidates outside the provisions relating to procedures for selecting heads. villages that have been regulated in the North Lampung Regent's Regulations. Then the judge's consideration in deciding the case in Decision Number 12/Pdt.G/2023/PN Kbu was that the lawsuit made by the plaintiff did not meet the formal requirements and the judge decided that the lawsuit could not be accepted. This is based on the exception submitted by the defendant, namely explaining that the district court has no authority or absolute competence, the plaintiff's claim is error in persona, the plaintiff's claim is vague (Obscuur Libel) and the petitum of the plaintiff's claim is unclear.
ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KORBAN LUKA BERAT Rangga Fahbri Haryanata; M Sifa Fauzi Yulianis
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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The purpose of this study is to discuss and analyze the application of material criminal law to the criminal act of persecution that results in serious injury to the victim and discuss and analyze the supporting and inhibiting factors in the application of material criminal law to the criminal act of persecution that results in serious injury to the victim. Research includes normative legal research. The results showed that: a) The application of material criminal law to the criminal act of maltreatment resulting in serious injury to the victim, namely referring to Article 354 of the Criminal Code which indicates that whoever intentionally seriously injures another person, is threatened with severe maltreatment with a maximum imprisonment of eight years; and b) Supporting factors in the application of material criminal law to criminal acts of persecution that result in serious injury to victims, namely the existence of regulations governing the settlement of criminal acts and the existence of a clear legal basis. If there is no legal basis governing the settlement of crimes in the police, the police will not resolve the crime of maltreatment resulting in serious injury to the victim will be forwarded to the court. Meanwhile, the inhibiting factor in the application of material criminal law to the criminal act of persecution that results in serious injury to the victim is the ever- changing mode of the perpetrator and the silence carried out by the suspect.
SISTEMATIKA PENDAFTARAN HAK ATAS KEKAYAAN INTELEKTUAL (HAKI) DALAM BIDANG PATEN Elsi Kemala Putri; Jasman Nazar
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
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A patent is an exclusive right granted by the state to an inventor for the technological results of his invention. For a certain duration, the patent holder can use the invention itself or can authorize a third party to do so. Modern technology has been incorporated into almost every aspect of life, both domestically and internationally. Therefore, laws related to patents must be established. This law should regulate the terminology and definitions related to patents as well as the conditions, procedures, time frames, modes of protection, rights and obligations of patent holders, licenses, expiration of licenses, royalties, and other issues. In order to give inventors legal protection, this is utilized as a guide when conducting patent-related operations in Indonesia. Protection is required in order to: Encourage them to keep working toward a better future for the country and state; Provide a kind of acknowledgment, assurance, and guarantee grounded in a feeling of fairness and worthiness for all their abilities and efforts. Even though Indonesia has ratified international accords pertaining to patents and already has laws and regulations in place, issues sometimes arise. Numerous elements, such as those pertaining to legal culture, legal content, and legal structure, have an impact on the prevalence of these issues.
PENERAPAN PASAL 2 AYAT 1 UNDANG-UNDANG SENJATA TAJAM DALAM PENUNTUTAN TERHADAP TINDAK PIDANA PENGANIAYAAN MENGGUNAKAN SENJATA TAJAM DALAM PERKARA KEJAKSAAAN KOTA SUKABUMI Aulia Puspita; Haidan Angga Kusumah
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Maltreatment is a form of violence that physically or mentally injures the victim. The method used in the research is descriptive method with qualitative approach through field research. This study aims to determine the considerations of the public prosecutor in determining the charges for the crime of persecution using sharp weapons and to determine the implications of the public prosecutor's considerations in prosecuting the crime of persecution using sharp weapons in the Sukabumi City Prosecutor's Office case No. PDM-42/SKBMI/Euh.1/09/2021. The type of legal research conducted is normative juridical, namely legal research conducted based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. This research was conducted in Sukabumi City Prosecutor's Office and Sukabumi District Prosecutor's Office. Data collection techniques in this research are observation, interview, documentation and literature study. The results showed that in determining criminal charges, public prosecutors used the dominus litis principle and the principle of public prosecutors to prosecute crimes and research showed that although there were differences in views between public prosecutors in criminal trials, the differences ultimately determined the judge to impose a verdict.

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