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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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PERBUATAN MELAWAN HUKUM MENGENAI PENCABUTAN KUASA OLEH PEMBERI KUASA SECARA SEPIHAK BERDASARKAN PASAL 1814 KUHPERDATA Alma Rizki Agisti; Temmy Fitria Alfiany
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to find out the legal consequences of unilateral revocation of power of attorney by the power of attorney grantor and to find out the legal considerations of the judge in deciding Decision No. 2/Pdt.G/2022/PN Skb. The method used in this research is a qualitative method. The type of research used by the author is normative legal research with a Decision Study Approach and a Legislation Approach. The data used in this research is secondary data, which is obtained through the collection of library materials from various sources relevant to the research problem. The data collection methods in this research are literature study and decision study. The results show that the consequences of unilateral revocation of power of attorney by the client can affect the fulfillment of rights and obligations agreed upon in the agreement. If the client as the power of attorney does not fulfill its obligations, this can lead to disputes because the revocation causes losses to the advocate as the recipient of the power of attorney. Losses that can occur include material losses that can be calculated with nominal money, and immaterial losses that cannot be calculated with nominal money. The two losses above when there is a default or unlawful act. As well as the consideration of the panel of judges that the arguments of the plaintiff's exception cannot be accepted because they cannot be proven before the trial.
PENEGAKAN HUKUM KEIMIGRASIAN TERHADAP WARGA NEGARA ASING DALAM PENYALAHGUNAAN VISA IZIN TINGGAL YANG MELEWATI BATAS WAKTU (OVERSTAY) DI WILAYAH KOTA SUKABUMI Dimas Leo Vernandho; Ujuh Juhana
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The development of globalization has led to increased movement of people, goods, and services between countries, making it easier to cross borders for various human activities such as trade, tourism, and industry. While this has positive effects, it also brings negative consequences, such as the emergence of issues related to the legal or illegal movement of people, often accompanied by offenses and crimes, which are commonly referred to as immigration violations. The high number of foreign nationals overstaying their residence permits highlights the need for effective law enforcement to reduce such violations. Law enforcement efforts can be pursued through monitoring and enforcement measures as outlined in the Immigration Act No. 6 of 2011. This study employs empirical juridical research with a qualitative approach, utilizing data collection methods such as literature reviews, interviews, and observations. The study concludes that immigration law enforcement against foreign nationals who overstay their visas is not sufficiently effective, due to factors such as limited human resources in immigration offices and a lack of reports from the local community. To address this, immigration authorities should conduct outreach to educate the public on how to report suspicious activities involving foreign nationals.
PEMBANGUNAN RUMAH DERET DALAM KEDUDUKAN HUKUM(STUDI KASUS DI RW 11 KELURAHAN TAMANSARI, KECAMATAN BANDUNG WETAN, KOTA BANDUNG) Muhamad Fariq Kalam; Agus Rasyid Chandra Wijaya
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This research is motivated by the disagreement between the Bandung City Government and the residents of RW 11 Tamansari Village, the Indonesian Government is trying to realize a program related to the recovery of slums. This research aims to explain how the efforts of RW 11 residents to reject the process of row house construction in the rule of law and to find out the legal certainty of RW 11 Tamansari residents in the construction of row houses. The method used in this research is a qualitative method with a descriptive approach. Data collection techniques in this research are observation, interview, and documentation. The results showed that residents refused because in terms of land ownership, the land in RW 11 Tamansari Village was not a regional asset and in legal certainty in the problems of residents of RW 11 Tamansari Village there were many violations of the rules that had been set, then the Bandung City Government ignored the rules themselves based on the incompatibility of Perwal No. 665 of 2017 to the process of building this row house.
IMPLEMENTASI PENEGAKAN HUKUM KEPOLISIAN PADA PENGAMANAN UNJUK RASA YANG MENGAKIBATKAN TINDAKAN ANARKISDI KOTA TERNATE Gunawan Hi Abas; Muh Yani Renwarin
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The purpose of the study was to determine the implementation of police law enforcement in securing demonstrations that resulted in anarchic actions in the city of Ternate, and to determine what efforts and obstacles were in implementing the handling of demonstrations carried out by students that ended in anarchy. The study was conducted at the Ternate City Police. To achieve these objectives, the author used data collection techniques in the form of interviews and requested data from related parties. The research used was qualitative descriptive research, namely research conducted to obtain secondary data and materials related to research obtained from various sources. The results of this study indicate that the implementation of police law enforcement has three stages, namely persuasive, preventive and repressive. The three things that are most dominantly carried out by the police are persuasive and preventive in other words the approach in the form of negotiation, however, repressive actions can be carried out if the escalation of the protesters has led to unlawful acts. Then there are two things that hinder, namely: Internal factors, there are police officers in the field who do not understand the main duties of the police and acts of arrogance and overacting, then external factors, the protesters are out of control, the ratio of police officers is not balanced with protesters, then the community mixes with the protesters. In addition, field conditions are different from theoretical conditions, which makes it difficult to apply the principle of presumption of innocence to a demonstration that is running anarchically and the demonstrators behave brutally, making the principle of presumption of innocence difficult to apply.
KEDUDUKAN PERSONAL GUARANTEE DALAM MEMBERIKAN JAMINAN KEPADA KREDITUR ATAS FASILITAS KREDIT YANG DIPEROLEH OLEH DEBITUR TERKAIT PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Annisa Rizkika Chairiza Nst; Tan Kamello, Suprayitno
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This article will introduce an investigation into Indonesian regulations relating to the responsibilities and implementation of PKPU. The research was carried out by using a library research strategy, especially library research, by collecting and focusing on scientific books, writings, logical works, legal guidelines, and other readings related to the preparation of this research, and the archives contained in it. referred to is a decision in court. Examination of information in this research was carried out subjectively; This means that the information obtained is then entered deliberately and then broken down subjectively to achieve clarity on the problem being studied. This research is descriptive analytical in nature, revealing legal guidelines related to legitimate speculation which is the object of exploration, as well as the implementation of PKPU regulations in the eyes of the public. The information audit strategy is used to convey information that explains scientifically, namely what has been regulated in the laws and regulations related to PKPU and then investigates the actual practices that occur in the field, such as those investigated and focused on in general. The results of the research explain that individual guarantors should not act as respondents in PKPU. The legal consequence is that a guarantor who has waived his privileges is considered to have bound himself together with the main debtor, but the context of the waiver of privileges is only for confiscation in bankruptcy, not for PKPU
PERAN PEMERINTAH DALAM PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT DALAM PROSES PEMBERIAN UANG GANTI RUGI PENGADAAN TANAH DI IBU KOTA NUSANTARA (IKN) YANG DITITIP DI PENGADILAN (KONSINYIASI) Andri Pranata; Tajuddin
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

One of the decisions that is quite phenomenal in Indonesia at the moment is when the Government of the Republic of Indonesia decided to move the State Capital from Jakarta to East Kalimantan. The move of the capital city is expected to level development and reduce the pressure of population density and moving the capital city is also considered a step to increase resilience. against natural disasters. Jakarta is vulnerable to flooding and land shrinkage, while the new location in East Kalimantan is considered safer from these risks. Apart from that, moving the capital city is considered an opportunity to build new infrastructure and spur economic growth in the region. Meanwhile, the reason for those who refuse is that moving the capital city is a large project that requires significant financial investment and human resources. The land acquisition process will never be separated from the issue of compensation, so research needs to be carried out first on all information and data submitted in making an estimate of compensation. If an agreement has been reached regarding the form and amount of compensation, then payment of compensation will be made and then continued with the release or transfer of rights to the land concerned. In principle, the government in this case should provide facilities to the community concerned in providing legal aid services to deal with judicial process in receiving compensation money entrusted, because morally the government in this case has the responsibility to provide legal protection for its people. Don't just take the land and then leave it to solve its own problems. Moreover, the government actually has many components that can be used to provide legal aid services. This research is normative legal research. Currently, the role of the Regional Government in providing legal assistance to the community in the process of providing compensation money for land acquisition in the Indonesian Capital City (IKN) which is entrusted to the court (consignment) does not yet exist and in efforts to provide legal assistance to the community those affected are: Complicated administrative processes and incomplete documents often become obstacles, Social and Communication Problems due to lack of socialization and education to the community regarding their rights and land acquisition procedures causing misunderstanding and conflict, Legal processes in court that take time and money become a burden on society. Apart from that, limited access to legal aid institutions or experienced advocates is also a major obstacle.
LEGAL DRAFTING UNTUK PERUBAHAN HUKUM: TANTANGAN DAN SOLUSI DALAM PENYUSUNAN REGULASI DAN UNDANG- UNDANG YANG ADAPTIF Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This study examines two key case studies in legal regulation to illustrate successes and failures in legal drafting: the implementation of the General Data Protection Regulation (GDPR) in the European Union and the proposed Stop Online Piracy Act (SOPA) in the United States. GDPR is praised as a successful example of regulation that has adapted to technological changes and privacy needs, thanks to its flexible and responsive design. In contrast, SOPA failed due to its perceived overreach, which could potentially threaten freedom of speech and innovation on the internet. The failure of SOPA highlights the importance of considering the broad implications of technology and social norms, as well as the need for active involvement from various stakeholders in the lawmaking process. Findings from both cases underscore the need for flexibility and participation in legal drafting to create effective and relevant regulations. This research provides insights into how a multidisciplinary approach and stakeholder engagement can enhance regulatory effectiveness in addressing modern challenges.
ANALISIS PERBANDINGAN PENGATURAN PEMUTUSAN HUBUNGAN KERJA (PHK) DAN PENYELESAIAN PERSELISIHAN KARYAWAN TETAP (PKWTT)DI INDONESIA DAN SINGAPURA Ridwan Amarulloh; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Labor is an important component in a country's industrial wheels. Legal certainty governing labor rights is very necessary to protect workers' interests and ensure harmonious working relationships. Regulations on Termination of Employment Relations (PHK) and Settlement of Permanent Employee Disputes (PKWTT) in Indonesia adhere to the Civil Law legal system, while Singapore adheres to the legal tradition. Common Law. The differences are reflected in the legal regulations and dispute resolution procedures in the two countries. This research is normative juridical legal research using comparative legal methods. Therefore, the data source used is a secondary data source collected using library research techniques. After the data is collected, the data is processed and analyzed using descriptive qualitative analysis methods, meaning that the data is grouped based on the aspects studied, then conclusions are drawn and explained descriptively. Based on the research results, both countries have similarities in the types of Termination of Employment Relations (PHK), but in dispute resolution there are differences, in Settlement of disputes Termination of Employment Relations (PHK) in Indonesia is generally through non-litigation channels (mediation, conciliation, arbitration) or litigation (Industrial Relations Court) whereas in Singapore there is more emphasis on resolving disputes through non-litigation channels, such as mediation and arbitration.
ANALISIS YURIDIS HUBUNGAN KERJA TENAGA MEDIS (DOKTER) DENGAN RUMAH SAKIT(STUDI KASUS PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR : 36 K/Pdt.Sus-PHI/2023) Andi Kinang; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This case focuses on the dispute over whether the employment relationship between medical personnel/doctors and hospitals is an employment relationship based on an employment agreement or a partnership agreement, which has an impact on legal protection for medical personnel/doctors. This decision emphasizes the importance of clarity on the status of the employment relationship between medical personnel/doctors and hospitals in determining the rights of medical personnel/doctors, including wages, benefits, and social and legal protection. The problem in this study is more about how the legal regulations and Settlement of Industrial Relations Disputes between medical personnel/doctors and hospitals and how the case of the position of legal protection and Settlement of Industrial Relations Disputes of medical personnel/doctors and legal considerations of the Supreme Court of the Republic of Indonesia based on the decision of case Number 36 K/Pdt.Sus-PHI/2023 in providing legal certainty regarding the employment relationship of medical personnel/doctors with hospitals in the future. The writing method used in this study is normative juridical, namely a literature study with the process of collecting materials, data and materials containing the employment relationship between medical personnel, doctors and hospitals. Based on the research results, it was concluded that the working relationship between medical personnel/doctors and hospitals can be in the form of a working relationship or a cooperative relationship as a hospital partner, which affects the rights and obligations of each party.Keywords: Legal certainty, work partner relations, doctors and hospitals.
HAK-HAK ANAK DIBAWAH UMUR SELAKU TERSANGKA PENYALAHGUNAAN NARKOTIKA PADA PROSES PENYIDIKAN DI DIREKTORAT RESERSE NARKOBA POLDA METRO JAYA Dio Tafta Adji; Ahmad Sobari
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
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Abstract

The regulation of narcotics crimes committed by minors is basically not specifically regulated in Law Number 35 of 2009 concerning Narcotics, but the application of sanctions is always linked to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. If the understanding of the SPPA Law and other regulations relating to Juvenile Criminal Justice is incorrect, then the application in carrying out actions related to the investigation is also incorrect, and this is very detrimental to children. Based on this, the researcher formulates the problem, namely: 1). How the law regulates narcotics and the perpetrators of criminal acts of narcotics abuse by minors; 2). How are the rights of minors as suspects of narcotics abuse in the investigation process?; 3). How are efforts to fulfill the rights of minors as suspects of narcotics abuse in the future? By using normative juridical research, it is concluded that Narcotics Crimes are regulated in Law Number 35 of 2009 concerning Narcotics. For cases of criminal offenses of narcotics abuse by minors are different from adult suspects. The investigation process in the juvenile criminal justice system prioritizes the best interests of the child and seeks a family atmosphere where one of the forms is a diversion effort and the investigator is obliged to ask for consideration or advice from the community counselor. The fulfillment of children's rights involving drug abuse has been regulated in the Child Criminal Justice System Law and the Child Protection Law. Efforts to fulfill the rights of minors as suspects of drug abuse in the future are regulated by investigators regarding Restorative Justice and Diversion. Here it is necessary to have an understanding of PPA investigators of the rights of children in the judicial process including filling the legal vacuum and the fulfillment of institutional facilities regulated in UUSPA.

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