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INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : Zenodo
Core Subject :
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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DINAMIKA EKSISTENSI TRAKTAT MULTILATERAL DAN BILATERAL TERHADAP PERLINDUNGAN HAK-HAK EKONOMI DI INDONESIA: TINJAUAN KEPUSTAKAAN PERJANJIAN-PERJANJIAN PERDAGANGAN BEBAS Gunawan Widjaja; Januar Agung Saputera
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study examines the dynamics of the existence of multilateral and bilateral treaties in the context of economic rights protection in Indonesia through a literature review approach. The main focus of the study is how these two types of free trade agreements play a role in guaranteeing and regulating the protection of economic rights of the community and domestic business actors amid the flow of global trade liberalisation. The findings indicate that multilateral treaties provide important global legitimacy and standards, while bilateral treaties allow for flexibility and protection of specific national issues. Synergy between the two is key to strengthening the sustainable protection of economic rights in Indonesia. This study provides recommendations for strengthening institutional capacity and stakeholder involvement in the implementation of agreements to achieve national economic justice and prosperity.
HARMONISASI IMPLEMENTASI PERJANJIAN INTERNASIONAL DI INDONESIA: KAJIAN PUSTAKA TERHADAP PENGARUH RATIFIKASI TRAKTAT GLOBAL TERHADAP SISTEM HUKUM NASIONAL Gunawan Widjaja; Januar Agung Saputera
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study discusses the harmonisation of international agreement implementation in Indonesia by highlighting the influence of global treaty ratification on the national legal system. Through a literature review, this study examines the ratification process, challenges faced, and implications for regulatory reform and national legal practice. The findings reveal that the ratification of global treaties encourages the updating and adaptation of legislation to align with international standards; however, this process often faces obstacles such as differences in legal systems, local cultural values, and domestic political dynamics. The harmonisation process requires close collaboration between state institutions, strong political will, and public involvement to ensure that ratification has a positive impact on justice, development, and national legal sovereignty. It is concluded that the success of harmonisation goes beyond legislative changes and lies in its actual implementation and substantive benefits for society.
DINAMIKA PENGAKUAN DAN PERLINDUNGAN HUKUM ADAT DALAM PERSPEKTIF GENERASI MUDA: TINJAUAN KEPUSTAKAAN TERHADAP REGULASI TURUNAN DAN TANTANGAN IMPLEMENTASI DI INDONESIA Gunawan Widjaja; Wagiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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The recognition and protection of customary law in Indonesia is an issue that continues to evolve amid regulatory dynamics and implementation challenges. This study aims to analyse the dynamics of recognition and protection of customary law from the perspective of the younger generation through a literature review of derivative regulations and practical challenges in the field. The research method used is a literature review, examining legislation, official documents, and previous research findings related to customary law. The review findings indicate that although derivative regulations such as national laws, government regulations, and local regulations have provided a formal framework for the recognition of customary law, implementation in the field often faces obstacles in the form of complex bureaucracy, regulatory disharmony, and pressure from modernisation and commercialisation. The role of the younger generation is significant in addressing these challenges through active involvement in advocacy, education, and digital innovation. Their involvement not only preserves the sustainability of customary law but also encourages regulatory reforms that are more responsive to the future needs of indigenous communities. This study recommends synergy between policymakers, legal structures, and the empowerment of the younger generation to strengthen inclusive and equitable protection of customary law.
INTERAKSI HUKUM ADAT DAN SISTEM HUKUM NASIONAL DI ERA MODERN: STUDI KEPUSTAKAAN TERHADAP EKSISTENSI DAN RELEVANSI HUKUM ADAT BADUY PASCA REFORMASI Gunawan Widjaja; Wagiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study discusses the interaction between Baduy customary law and the national legal system in the post-Reform era, using a literature review approach. Baduy customary law has maintained its existence as a legal system amid modernisation and changes in national regulations. This study highlights the internal mechanisms, community leadership, and commitment of the Baduy people in preserving their ancestral norms. On the other hand, formal recognition through the constitution and national laws provides legal legitimacy to Baduy customary law; however, its implementation still faces challenges such as overlapping regulations and potential normative conflicts. This study emphasizes the importance of dialogue, negotiation, and harmonisation between customary communities and the state to ensure that customary law can coexist and synergise with the national legal system without sacrificing cultural values. This study concludes that Baduy customary law can serve as an inclusive model for the development of national legal policies that respect local wisdom as a source of legal and cultural strength for the nation.
TINJAUAN PUSTAKA TERHADAP HARMONISASI REGULASI DI INDONESIA PASCA-PEMBERLAKUAN METODE OMNIBUS LAW DALAM PENYUSUNAN UNDANG-UNDANG Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study aims to examine regulatory harmonisation in Indonesia after the enactment of the Omnibus Law method in lawmaking through a literature review. The legislative process in Indonesia has faced various problems such as overlap, conflict, and inconsistency between regulations, which have resulted in legal uncertainty and investment barriers. With the implementation of the Omnibus Law method, the government seeks to simplify and consolidate many cross-sector regulations into a single legislative package to create better legal coordination and enhance national competitiveness. The results of the study indicate that the Omnibus Law can promote efficiency, accelerate harmonisation, and clarify the national legal framework. However, on the other hand, its implementation still faces challenges in the form of minimal public participation, transparency issues, and problems of compatibility with Indonesia's civil law system. Therefore, continuous evaluation, institutional strengthening, and the involvement of all stakeholders are needed to ensure the effectiveness and sustainability of regulatory harmonisation through the Omnibus Law.
ANALISIS PERKEMBANGAN UNDANG-UNDANG HUKUM PIDANA NASIONAL: STUDI KEPUSTAKAAN TERHADAP DINAMIKA KODIFIKASI KUHP Gunawan Widjaja; Junior B. Gregorius
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study aims to analyse the development of the National Criminal Law through a literature review of the dynamics of the codification of the Criminal Code (KUHP) in Indonesia. This study highlights the long journey of criminal law codification, from the legacy of the old KUHP based on colonial law to the birth of the new KUHP, which incorporates modern paradigms and strengthens local values and human rights principles. Through a literature review, this research describes the challenges, debates, and strategies for updating the KUHP in response to social changes and demands for justice. The analysis reveals that the reform of the KUHP is a strategic step toward a sovereign, responsive, and just national criminal law system. However, optimal implementation requires cross-sectoral collaboration, continuous education, and harmonisation with other regulations to ensure the effectiveness and consistency of criminal law enforcement in Indonesia.
KOMITMEN INDONESIA DALAM RATIFIKASI PARIS AGREEMENT: ANALISIS YURIDIS DAN IMPLEMENTASI KEBIJAKAN PENURUNAN EMISI KARBON Loso Judijanto
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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Abstract

Indonesia's ratification of the Paris Agreement through Law No. 16 of 2016 demonstrates a strong legal commitment to reducing greenhouse gas emissions. This study uses a literature review method to analyse two main aspects, namely a legal analysis of ratification and the implementation of carbon emission reduction policies. The legal analysis highlights the compatibility of ratification with national law and Indonesia's obligations, while policy implementation examines strategies such as Nationally Determined Contributions (NDCs) and carbon pricing regulations. The results of the study indicate that ratification provides a solid legal basis for Indonesia's climate commitments and requires harmonisation with national policies. Policy implementation shows progress through various programmes, but faces challenges in coordination, capacity, and financing. Carbon trading mechanisms and energy transition are key to achieving emission targets. In conclusion, Indonesia's commitment through ratification has been translated into legal actions and concrete policies to reduce emissions. However, achieving targets requires enhanced stakeholder synergy, regulatory harmonisation, capacity strengthening, and sustainable financing. This study provides strategic input for the development of Indonesia's climate policy going forward.
ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG PEMBAGIAN HAK WARIS ANAK YANG LAHIR DARI PERKAWINAN SIRI Dea Rusianda Naibaho; Ni Luh Wayan Yasmiati; Ratna Artha Windari
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This research aims to (1) examine or analyze the position of children resulting from unregistered marriages in political law in Indonesia, (2) examine or analyze the legal consequences of the inheritance rights of children born from unregistered marriages based on the Constitutional Court Decision Number 46/PUU-VIII/2010. The type of research used is normative legal research by taking a statute approach and a case approach. The results obtained indicate (1) unregistered marriages are not recognized as legitimate children according to the law. However, the status of the child can change to legitimate if the parents submit a marriage confirmation to the religious court. The Constitutional Court Decision confirms the position of children from unregistered and legitimate marriages. (2) The legal consequences for illegitimate children after the Constitutional Court Decision Number 46/PUU- VIII/2010 are: Recognition of civil relations with biological fathers, inheritance rights equal to legitimate children, protection of civil rights of illegitimate children, and the impact on the practice of unregistered marriages.
ANALISIS YURIDIS TERHADAP TINDAKAN ANARKIS DALAM AKSI DEMONSTRASI YANG BERUJUNG PADA PENJARAHAN RUMAH ANGGOTA DPR Unwanul Hubby
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
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Demonstrations are a constitutional right guaranteed by Article 28E (3) of the 1945 Constitution and Law No. 9 of 1998. However, in practice, this freedom often escalates into anarchic acts that harm others. This study is motivated by the August 2025 demonstrations that culminated in the looting of several members of the Indonesian House of Representatives’ residences. The research focuses on analyzing the limits of freedom of expression during demonstrations, the validity of repressive state actions, and the effectiveness and proportionality of law enforcement against looting crimes under the Indonesian Criminal Code (KUHP) and human rights principles. The method used is normative legal research with statutory, conceptual, and case approaches, relying on primary, secondary, and tertiary legal materials. The findings indicate that freedom of expression is not absolute; looting constitutes a criminal offense under the KUHP (Articles 362, 363, 365, 406, 170) and violates property rights protected by the 1945 Constitution and the Human Rights Law. Law enforcement officers are authorized to act repressively as long as actions remain proportional, legal, and accountable. Nevertheless, weak early detection, inadequate initial responses, and potential excessive use of force undermine the effectiveness and proportionality of law enforcement, leading to erosion of state legitimacy and degradation of public democratic space.
IMPLEMENTASI PERATURAN DAERAH KABUPATEN SAMBAS NOMOR 12 TAHUN 2019 TENTANG PERUSAHAAN UMUM DAERAH AIR MINUM TIRTA MUARE ULAKAN(STUDI PADA PENINGKATAN AKSES AIR BERSIH DI KABUPATEN SAMBAS) Dedi Zulkarnaen; Hasiah; Nilhakim
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Access to clean water is a vital basic need for human life and an important indicator of public health and the achievement of Sustainable Development Goals (SDGs). In Sambas Regency, the availability of clean water still faces challenges, especially in rural and remote areas due to limited infrastructure, budget, and technical capacity. To overcome this, the Sambas Regency Government established Regional Regulation No. 12 of 2019 concerning the Tirta Muare Ulakan Regional Water Company as a strategic step in improving the equitable distribution of clean water services to the community. The focus of this study is: How is Regional Regulation No. 12 of 2019 concerning the Tirta Muare Ulakan Regional Water Company being implemented in Sambas Regency? What are the supporting and inhibiting factors in improving access to clean water in Sambas Regency? This study uses a qualitative method with an empirical juridical approach to analyse the implementation of Sambas Regency Regulation No. 12 of 2019 concerning the Tirta Muare Ulakan Regional Water Company. Data was obtained through observation, in-depth interviews with relevant parties, and documentation. The research location focused on Perumda Tirta Muare Ulakan and several villages that use clean water services. Data analysis techniques were carried out interactively through data reduction, data presentation, and conclusion drawing, as well as using source triangulation to ensure data validity. Based on the results of the research and discussion above, it was concluded that: The implementation of Sambas Regency Regulation No. 12 of 2019 concerning the Tirta Muare Ulakan Regional Water Company has shown progress, although its implementation has not been fully optimal. This Regional Company has succeeded in increasing the number of customers and expanding the clean water distribution network. The supporting factors are the existence of Regional Regulation No. 12 of 2019, which serves as the legal basis for the operations of Perumda Tirta Muare Ulakan, the support of the Regency Government through the RPJMD programme, capital participation, and cross-sectoral synergy in the development of clean water networks, especially in underserved areas. The inhibiting factors include technical constraints and infrastructure limitations, budget constraints and a lack of alternative funding support, the suboptimal implementation of local regulations due to a lack of understanding and socialisation, limitations in the number and competence of human resources, and a perception gap between officials and the community regarding service quality.

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