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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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PERLINDUNGAN HUKUM TERHADAP KONSUMEN MUSLIM ATAS PEMBERIAN VAKSIN CORONA VIRUS DISEASE 2019 (COVID-19) DITINJAU DARI UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL Edi Gustia Bahri; Arrisman
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Article 28E paragraph (2) of the 1945 Constitution has affirmed the right of every individual to practice their religion, choose education, work, citizenship, residence, and the right to return to the territory of the country. This article affirms that the state grants basic rights to its citizens to embrace religion and worship according to their beliefs. The majority of the Indonesian population is Muslim, which has an obligation to avoid things that are forbidden and consume halal. Law Number 33 of 2014 concerning Halal Product Guarantees mandates that all products circulating in Indonesia must have halal certificates. However, in the COVID-19 vaccination program, the government has not provided a guarantee of the halalness of several types of vaccines such as Astra Zeneca, Johnson and Johnson, Moderna, Novavax Inc, and the Pfizer Inc. And BioNTech vaccines. Problem formulation, What is the Legal Position of Muslim Consumers based on laws and regulations in Indonesia? What is the Legal Protection Given to Muslim Consumers for the Provision of the Corona Virus Disease (COVID-19) Vaccine in Indonesia? The research method used is the Normative legal research method with document study data collection techniques and expert interviews, the data obtained is processed and analyzed using qualitative methods (not using numbers or mathematical formulas). The Republic of Indonesia is not a religious state, but the Republic of Indonesia which is based on Pancasila places religion in an important position, so it is very natural that many laws and court decisions recognize and guarantee the position of a religion including Islam and Muslim consumers in the Republic of Indonesia. Legal protection for Muslim consumers is a right that must be given to Muslim citizens, meanwhile, the state also has a responsibility to protect all its citizens, including providing protection and guarantees for the halal and goodness of the COVID-19 vaccine product (Halalan Toyyiban) several types of COVID 19 vaccines provided and distributed by the Government through the Indonesian Ministry of Health to the Indonesian people, some of which are halal certified, some are not halal certified (haram) and some are even not halal certified / not halal at all. Supervision and Socialization regarding laws and regulations related to Halal Product Guarantee (JPH) need to be massively increased to various interested parties, especially the Government as the Organizer of Halal Product Guarantee, Business Actors, and Consumers.
PENYELESAIAN ANALISIS YURIDIS PERTANGGUNG JAWABAN PPAT ATAS AKTA JUAL BELI YANG MENGANDUNG UNSUR PERBUATAN MELAWAN HUKUM (STUDI KASUS PUTUSAN PENGADILAN NEGERI SAMPIT NOMOR08/Pdt.G/2020/PN.Spt) Mohammad Farid; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This research aims to analyze juridically the responsibility of Land Deed Drafting Officials (PPAT) in making Sale and Purchase Deeds (AJB) which contain elements of unlawful acts. This study refers to the case recorded in the Sampit District Court Decision Number 08/Pdt.G/2020/PN.Spt. This case involves PPAT which is considered responsible for the AJB it made even though there are elements of unlawful acts, which have the potential to harm other parties. This research uses a normative research method with a case study approach. In this study, it was found that PPAT has an obligation to ensure the validity of the transaction object and ensure that there are no legal violations in the AJB creation process. The results of the analysis show that even though the PPAT acts as the legal party in making the deed, it can still be held responsible if there is evidence that the deed made contains elements of unlawful acts, whether in the form of fraud, falsification of documents, or transactions that are contrary to applicable legal provisions. Therefore, PPAT must be more careful in carrying out its duties so as not to be involved in actions that violate the law. This research provides recommendations for the need to increase supervision and training for PPAT to prevent similar things from happening in the future.
ANALISIS SEWA MENYEWA TANAH DENGAN SISTEM BAYAR MUSIM PANEN MENURUT FATWA DSN NO. 112/DSN-MUI/IX/2017 (STUDI KASUS DI DESA LENGKESE KABUPATEN TAKALAR) Muh. Aqsyar; Agung Daeng Rizky, Hatika Wulandari Lewa, Wawan Anggara
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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The purpose of this study is to determine the lease of land with a harvest season pay system based on DSN Fatwa No. 112/DSN-MUI/IX/2017. This research is field research (Field Research) data sources in this study are primary, secondary and tertiary data sources. Data collection techniques using observation, interviews, and documentation. In analyzing the data this research uses descriptive analysis. Leasing land with a harvest season payment system in Lengkese Village, Takalar Regency is carried out by landowners and tenants who are able to manage and without coercion. The implementation of ijab qabul between the landowner and the tenant is carried out orally without any written evidence. Payment of rent at the time of the lease contract is made when the first harvest season arrives. However, in practice, even though it has been given leeway for payment until the first harvest season arrives, there are still tenants who do not fulfill their obligations on the grounds of experiencing losses and various other reasons. The land tenant deliberately delays the time of payment of rent even though it has been harvested. The parties in this case the land tenant and the landlord are asked to deliberate for consensus, but if there is no consensus in deliberation then the step taken is to settle at the dispute resolution institution. Based on this, it can be concluded that land leasing with a harvest season payment system in Lengkese Village, Takalar Regency is not fully in accordance with the provisions in DSN MUI No. 112/DSN-MUI/IX/2017.
PERLINDUNGAN DAN HAK KORBAN KEKERASAN DALAM RUMAH TANGGA PERSPEKTIF HUKUM ISLAM DAN HUKUM PIDANA Fitria Amania; Budi Sastra Panjaitan, Najwa Khalilah Harahap, Lafifah Ulfah Dalimunthe, Andrew Hermawan Harahap, Mu
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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This study discusses the form of protection provided by law to women who are victims of domestic violence (KDRT) which of course is seen and reviewed from the perspective of Islamic Law and Criminal Law in Indonesia. This study is certainly something that can be highlighted because it is so relevant to things that are happening today, some of the things that are the objectives are to be able to understand the discussion of domestic violence (KDRT) according to Islamic Law and Criminal Law. In addition, it is also to provide access to protection in building a household so that it becomes a harmonious and mutually protective family. In the event of domestic violence (KDRT) there is certainly a motive that underlies this so that the family becomes disharmonious and messy, these things are mostly caused by good communication, economic problems, differences of opinion, culture and culture. In addition, it is also a fairly large driving factor regarding infidelity. Every act certainly has an impact that is the end of the problem that occurs and this not only has a short-term impact but will certainly have a long-term impact as well. Then the object of research used in this study is the concept of domestic violence regulated in criminal law (UU PKDRT) and also Islamic Law. The form of protection provided by law is regulated in temporary protection from the police, court protection and placement of victims in "safe houses". However, based on the results of the study seen through the decisions of the District Court and informants, it shows that the form of protection for victims of domestic violence is still dominant through repressive actions (prison sentences) to the perpetrators, while temporary protection and permanent protection from the courts are less noticed.
EFEKTIVITAS HUKUM PIDANA PADA PENYELESAIAN MEDIASI ANTARA TERSANGKA DENGAN KORBAN DALAM KASUSPENCEMARAN NAMA BAIK Tuti Hutagalung; Lesson Sihotang
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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Usually, the resolution of criminal cases for the parties involved often takes place through a litigation process. However, nowadays, the parties involved must be introduced to the method of resolving cases by resolving cases through mediation. As with defamation cases, it would be best to resolve the matter between the victim and the perpetrator using mediation which can be used as an alternative solution. Mediation as an alternative for resolving minor criminal cases outside of court by bringing together perpetrators and victims of crime directly changes the perspective of criminal law which is known to be static in resolving disputes with processes and procedures that remain towards humanistic criminal law, because mediation's main focus is peace, not peace. revenge. The purpose of writing this journal is to find out the extent of the effectiveness of criminal law in resolving criminal defamation cases using the mediation method (penal mediation). Through normative juridical analysis methods, this journal assesses the benefits and obstacles of mediation in defamation cases in Indonesia, especially in the context of the effectiveness of Criminal Law
PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN PENGANGKUTAN DAN NIAGA BAHAN BAKAR MINYAK (BBM) BERSUBSIDI Nadya Shahnaz
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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This thesis discusses law enforcement against the misuse of transportation and trade of subsidized fuel oil in Indonesia. Subsidized fuel oil (BBM) is one of the important commodities that greatly influences the economy and public welfare. However, in practice, misuse in the transportation and trade of subsidized fuel oil often occurs, resulting in state losses and injustice for the entitled community. The problems taken in this study are how the law in Indonesia regulates the transportation and trade of subsidized fuel oil, how law enforcement functions to prevent misuse of fuel oil subsidies and what constitutes the law against the misuse of transportation and trade of subsidized fuel oil. The purpose of this study is to investigate the regulations relating to subsidized fuel oil transportation and trade companies in Indonesia and to evaluate law enforcement procedures relating to violations related to the distribution and trade of fuel oil and to find obstacles to law enforcement and resolve them. The research method used is a qualitative approach with case studies, where data is collected through interviews, observations, and analysis of related documents. The results of the study indicate that there are various modes of misuse, such as modifying vehicle numbers to misuse subsidized fuel, modifying vehicle numbers to misuse which are then resold at higher prices that are not in accordance with the law. Existing law enforcement still faces various obstacles, including coordination between agencies, minimal sanctions for violators, and low public legal awareness. Based on these findings, it is recommended that the government strengthen regulations and increase cooperation between agencies in law enforcement. In addition, socialization regarding the importance of using subsidized fuel appropriately also needs to be increased to create collective awareness in maintaining state resources.
ANALISIS PERJANJIAN KREDIT SINDIKASI DI PERBANKAN DAN KAITANNYA DENGAN PRINSIP KEHATI-HATIAN Eka Ermala; Arga Chon Feriandref, Othman Ballan, Mubaraq, Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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This research aims to identify and analyze the arrangements and procedures for applying for Syndicated Credit in Banking and their relationship to the Prudential Principle which is the basis for Principles in Banking. The formulation of the problem that will be discussed in this article is about procedures, requirements and legal rules governing syndicated credit in banking. The type of research is normative law, namely a research method that emphasizes legislation, conceptual law and case law, as well as explaining theories related to the research problem. The research results show that the implementation of Syndicated Credit is related to the rights and obligations of the parties. As long as the parties fulfill these requirements and carry out the agreed agreements and carry out supervision simultaneously, the risk of default will be smaller. Regulations regarding authority, rights and obligations between the Debtor and the Bank in the Syndicated Credit Agreement must be stated clearly in the Syndicated Credit Agreement so that there are no gaps in the norms that could cause problems in the future.
PROBLEMATIKA IMPLEMENTASI E-SERTIFIKAT PERTANAHAN DI KALIMANTAN TIMUR Andri Pranata; Tajuddin
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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The implementation of E-Certificate of Land in East Kalimantan has brought significant changes to land administration systems, aiming to improve efficiency, security, and accessibility of services. Previously, the manual process of obtaining land certificates was time-consuming and involved complex bureaucracy, which made it difficult for the public. With digitalization, the process of obtaining certificates has become faster, safer, and more efficient, while reducing the risk of forgery or loss of certificates. People can now access land services online without having to visit the land office, thus increasing transparency and reducing dependence on intermediaries or third parties. However, the implementation of E-Certificates also faces various challenges, particularly related to inadequate technology infrastructure, limited internet access in rural areas, and the readiness of technology in land offices. Additionally, low digital literacy among the public and insufficient socialization and education about the benefits of the digital system hinder wider adoption. Legal challenges regarding the uncertainty of the validity of E- Certificates in land dispute resolution also pose issues that need to be addressed. Overall, despite these challenges, the implementation of E-Certificates in East Kalimantan holds significant potential to improve land administration efficiency, expedite the land certification process, and open up broader investment opportunities. Efforts to improve technology infrastructure, increase digital literacy, and refine legal regulations will help ensure the successful implementation of this system and provide maximum benefits to the people of East Kalimantan
HUKUM KEPERAWATAN: MENGATUR TUGAS, TANGGUNG JAWAB, DAN HAK PERAWAT DALAM MEMBERIKAN PELAYANAN KESEHATAN BERKUALITAS Hotmaria Hertawaty Sijabat
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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The nursing profession is a vital component of the healthcare system, not only providing patient care but also ensuring the achievement of service quality standards oriented towards patient safety and welfare. This study aims to analyse in depth the legal regulations governing the duties, responsibilities, and rights of nurses, as well as to examine the implementation of nursing law in realising quality health services in Indonesia. The method used is a literature review with a normative juridical approach, namely examining legislation, health law literature, and relevant previous research results. The results of the study show that nursing law, as regulated in Law Number 38 of 2014 concerning Nursing, serves as a legal basis to ensure legal certainty and protection for nurses in carrying out their profession. However, implementation in the field still faces obstacles in the form of low legal awareness, weak supervision, and suboptimal professional guidance. Therefore, it is necessary to strengthen the synergy between the government, professional organisations, educational institutions, and health institutions in building a legal culture oriented towards ethics, accountability, and professionalism. Consistent strengthening of nursing law is believed to be capable of improving the quality of health services and providing balanced protection for nurses and patients.
STRUKTUR ORGANISASI DAN PENGELOLAAN BADAN USAHA MILIK NEGARA (BUMN): PERAN MENTERI SEBAGAI WAKIL PEMEGANG SAHAM, TANGGUNG JAWAB DIREKSI, DEWAN KOMISARIS, DAN DEWAN PENGAWAS DALAM MEWUJUDKAN TATA KELOLA PERUSAHAAN YANG BAIK (GOOD CORPORATE GOVERNANCE Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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This study discusses the organisational structure and management system of State-Owned Enterprises (SOEs) within the framework of implementing the principles of Good Corporate Governance (GCG). As state-owned business entities, SOEs play a strategic role in economic development and public services. However, the complexity of institutional relationships between the Minister as the representative of shareholders, the Board of Directors as operational managers, and the Board of Commissioners and Supervisory Board as internal controllers often causes problems in the implementation of effective and accountable governance. This study uses a literature review method by examining laws and regulations, academic literature, and institutional reports to analyse the roles and responsibilities of each SOE organ in realising good corporate governance. The results of the study show that the successful implementation of GCG in SOEs is highly dependent on the clarity of the division of functions and authorities, management integrity, and consistency in applying the principles of transparency, accountability, independence, responsibility, and fairness. Strong synergy between the Minister, the Board of Directors, the Board of Commissioners, and the Supervisory Board is necessary to create an efficient, professional management system that is oriented towards national sustainability.

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