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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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PERAN HUKUM HUMANITER INTERNASIONAL DALAM MEMFASILITASI REKONSILIASI PASCA-KONFLIK: ANALISIS KOMPARATIF KASUS-KASUS KONTEMPORER Rado Parulian Purba
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Post-conflict reconciliation is a critical component in addressing the legacy of violence and preventing the recurrence of armed conflict. This research analyzes how the principles and mechanisms of International Humanitarian Law (IHL) contribute to the post-conflict reconciliation process by comparing four contemporary cases: Colombia, Rwanda, Bosnia-Herzegovina, and Timor-Leste. Using a qualitative approach with comparative case study methods, this research evaluates the implementation of IHL in the reconciliation process through analysis of official documents, international organization reports, and in-depth interviews with 25 humanitarian law experts and reconciliation actors. The results show that effective implementation of IHL through transitional justice mechanisms positively correlates with successful long-term reconciliation. Three main elements of IHL that contribute significantly to reconciliation are: accountability for serious violations, recognition of victims' suffering, and rehabilitation of affected communities. However, the implementation of IHL in reconciliation faces challenges in the form of limited institutional capacity, tensions between justice and political stability, and lack of sustained international support. This research concludes that IHL needs to be holistically integrated into national reconciliation frameworks with consideration of the cultural and social context of post-conflict societies
TRANSFORMASI KARAKTER KONFLIK ASIMETRIS DAN RELEVANSINYA TERHADAP ADAPTASI HUKUM HUMANITER DI LINGKUP OPERASI MILITER MODERN Andri Hadiyanto; Gusti Sopyannur, Tarsius Susilo, Zulkifli, Wahyu Tunggul Wiratama
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The transformation of global conflict patterns reflects a profound departure from conventional warfare toward asymmetrical combat models. This paradigm shift is characterized by the active role of non-state actors, guerrilla-style tactics, the strategic use of civilian spaces as battlegrounds, and the absence of traditional frontlines, thereby generating substantial challenges to the applicability and effectiveness of International Humanitarian Law (IHL). Within the scope of modern military operations, such a landscape necessitates normative adaptation of core IHL principles, including distinction, proportionality, and military necessity. This paper seeks to critically examine how the evolving dynamics of asymmetric warfare impact the operationalization of humanitarian law and assess the extent to which these legal principles remain resilient amid the realities of blurred combatant status, covert hostilities, and the deliberate use of civilian populations as shields. Using a qualitative-analytical methodology through literature review, international legal instruments, and empirical case studies, this article emphasizes the imperative of recontextualizing the legal framework to better address the spectrum of contemporary threats. The findings advocate for conceptual refinement and the harmonization of military doctrine with international legal standards to ensure both legitimacy and humanitarian protection in complex modern battlefields.
DINAMIKA KONFLIK DAN IMPLIKASINYA TERHADAP KEAMANAN GLOBAL DALAM PERSPEKTIF HUKUM HUMANITER Viliala Romadhon; Libra Dian Prasetyawan Yonatan, Tarsisius Susilo, Bungkus Hadisuseno, Bambang Budi Kuncoro
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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The contemporary dynamics of armed conflict exert profound ramifications on global security, particularly through their catalytic role in fostering terrorism and mass migration. What were once localized hostilities have, in the era of globalization and interconnectedness, evolved into transnational threats with far-reaching consequences. This study explores the far-reaching implications of violations of International Humanitarian Law (IHL), which are rampant in modern conflicts—ranging from deliberate attacks on civilians and acts of sexual violence to torture and obstruction of humanitarian assistance. These breaches not only exacerbate humanitarian crises but also dismantle social cohesion, perpetuate impunity and cycles of retaliatory violence, and incite international tensions that undermine peace processes. This analysis elucidates the intrinsic nexus between conflict, IHL, and global security, underscoring how noncompliance with IHL constitutes a pivotal factor in sustaining regional and international instability. The study accentuates the urgent necessity for an integrated approach to safeguarding global security— encompassing preventive diplomacy, the enforcement of legal accountability, humanitarian interventions, security sector reform, and the cultivation of sound governance. It recommends strengthening international cooperation and enhancing awareness and enforcement of IHL as essential measures to effectively address the complex landscape of contemporary conflict and its global security implications
DILEMA ETIKA DALAM PENGAMBILAN KEPUTUSAN MILITER: MENGGALI INTERAKSI ANTARA ETIKA PERANG DAN HUKUM HUMANITER Alexander CW; Fachrudi H, Tarsisius Susilo, M.Asep Apandi, S.Dhani Broto
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This article examines the relationship between ethical principles and humanitarian law in the context of warfare. Military forces often face dilemmas between carrying out effective actions and maintaining ethical standards that protect human rights. Through an analysis of various incidents and moral challenges encountered in the field, this article aims to understand how decisions made by military personnel can affect the application of law and its impact on morality. The study also highlights the importance of ethics training within the military, which plays a significant role in preventing violations of humanitarian law during armed conflict. By exploring the dynamics between ethics and humanitarian law, this article offers insights on how preventive mechanisms and international regulations can strengthen the implementation of law and reduce violations that occur on the battlefield.
PERLINDUNGAN HUKUM TERHADAP INVENSI KECERDASAN BUATAN (ARTIFICIAL INTELLIGENCE) DI ERA REVOLUSI INDUSTRI4.0 DAN SOCIETY 5.0 BERDASARKAN PERSFEKTIF UNDANG-UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN Ira Sopiyah; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Legal protection of artificial intelligence inventions in the Industrial Revolution 4.0 and Society 5.0 eras is becoming very important along with the rapid development of technology and innovation. This study analyzes how Law Number 13 of 2016 concerning Patents provides a legal basis for the protection of inventions involving AI. With a normative analysis approach, this study identifies challenges and opportunities in patent regulations for AI-based innovations, including criteria for novelty, inventive step, and industrial application. The results of the study show that although the Patent Law has provided a basic framework, there are still shortcomings in accommodating the unique characteristics of AI, such as learning and adaptation capabilities. Therefore, the development of more flexible and responsive regulations is needed to protect intellectual property rights in the context of this advanced technology. This study is expected to contribute to the formulation of more effective legal policies for AI innovation in Indonesia.
DINAMIKA PENERAPAN HUKUM HUMANITER DALAM KONFLIK ISRAEL– PALESTINA: ANTARA NORMA DAN REALITAS Andry Kuswoyo; Fajar Catur Prasetyo, Tarsisius Susilo, Rapy Tadung, Andar Dodianto Panggabean
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The protracted conflict between Israel and Palestine has posed persistent challenges to the application and enforcement of international humanitarian law (IHL). Despite numerous international conventions aimed at protecting civilians during armed conflict, both state and non-state actors in this region have repeatedly acted in ways that test the limits and flexibility of IHL principles. This article explores the legal and ethical dynamics of IHL in the Israel-Palestine conflict, analyzing core principles such as distinction, proportionality, and military necessity through case studies of military operations in Gaza and the West Bank. It also highlights the roles of international organizations such as the United Nations and the International Criminal Court in promoting accountability. By examining legal interpretations, political contexts, and evolving military technologies, this study identifies gaps and contradictions that hinder effective enforcement. The analysis suggests that a multidimensional approach—combining legal advocacy, diplomatic engagement, and ethical military conduct—is essential to reinforce humanitarian norms and reduce civilian harm in future conflicts
TANGGUNG JAWAB KELOMPOK BERSENJATA NON-NEGARA DALAM KERANGKA HUKUM HUMANITER INTERNASIONAL Yulindo Yulindo; Dinesh K. Dhankhar, Tarsisius Susilo, Muhammad Taufik Zega, Agustinus Adi Santoso
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

International Humanitarian Law (IHL) establishes the rules of war that must be followed by all parties to an armed conflict, whether states or non-state armed groups. Although non-state groups cannot ratify international treaties, the universal character of IHL and customary international law oblige them to respect humanitarian norms. This article examines the responsibilities of non-state armed groups under IHL, focusing on the Indonesian context (e.g., the Free Papua Movement) and comparing international cases such as Hamas (Palestine), the Taliban (Afghanistan), and FARC (Colombia). The research uses a normative legal methodology, analyzing international law instruments, academic literature, and reports by ICRC, HRW, and other organizations. The study finds that even if only states ratify treaties, Common Article 3 and customary rules bind all conflict parties, including non-state actors. The Hamas and Taliban cases illustrate IHL violations by non-state actors (for example, holding civilians hostage is a war crime), while Colombia’s peace deal with FARC shows the role of IHL in conflict resolution. In Indonesia, the armed conflict in Papua requires the TNI to apply IHL while upholding sovereignty, and TNI’s military operations against OPM are supported by national law and viewed as consistent with IHL. Although international enforcement against non-state actors is challenging (limited to national courts or mechanisms like the ICC), state parties have a duty to “respect and ensure respect” for IHL by all parties. Policy recommendations include strengthening domestic legislation on war crimes, enhancing IHL training for the TNI, and international cooperation for accountability.
PERAN LEMBAGA INTERNASIONAL DALAM PENEGAKAN HUKUM HUMANITER: EVALUASI EFEKTIVITAS MISI PEMELIHARAAN PERDAMAIAN PBB DAN PALANG MERAH INTERNASIONAL DALAM MENANGGULANGI PELANGGARAN HUKUM PADA KONFLIK BERSENJATA Andes Sebayang; Abdul Majeed Abdullah Alharbi, Kadep Faljuang Sesko TNI, Iwan Setiawan, Aqsha Erlangga
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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The enforcement of international humanitarian law during armed conflict plays a crucial role in protecting human rights and ensuring the safety of individuals affected by war. International organizations such as the United Nations (UN) and the International Red Cross have critical missions in peacekeeping and conflict resolution, which are essential to upholding humanitarian law on the ground. This article aims to evaluate the effectiveness of UN peacekeeping missions and the role of the International Red Cross in addressing violations of humanitarian law in conflict zones. Using a qualitative approach, the article analyzes the challenges, successes, and collaborative roles of both institutions in safeguarding humanitarian law and improving conditions for war victims. The findings of this study are expected to provide insights into the role of international institutions in maintaining global peace and the relevance of conflict resolution efforts based on humanitarian law.
STRUKTUR ORGANISASI BUMN DAN IMPLEMENTASI GOOD CORPORATE GOVERNANCE: PENGAWASAN DAN PERAN STRATEGIS MENTERI, DIREKSI, DEWAN KOMISARIS, SERTA DEWAN PENGAWAS DALAM MENJAMIN AKUNTABILITAS DAN TRANSPARANSI PENGELOLAAN PERUSAHAAN NEGARA Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This study aims to analyse the organisational structure of State-Owned Enterprises (SOEs) and the implementation of Good Corporate Governance (GCG) in the context of supervision and the strategic roles of Ministers, Directors, Boards of Commissioners, and Supervisory Boards in ensuring the accountability and transparency of state-owned enterprise management. This study was motivated by the need for more efficient and professional governance, given the complexity of SOEs' functions as business entities and agents of national development. The research was conducted using a descriptive qualitative approach through a literature review method that examined various laws and regulations, policy documents, institutional reports, and relevant previous research results. The analysis was conducted using content analysis techniques to identify the conceptual relationship between the institutional structure of SOEs and the effectiveness of the implementation of GCG principles. The results of the study show that the effectiveness of SOE governance is greatly influenced by the clarity of institutional relations and the division of functions between key organs. The Minister of SOEs, as the government representative, plays a role in determining strategic policy directions and providing macro-level guidance, while the Board of Directors is responsible for operational management. The Board of Commissioners and the Supervisory Board serve to ensure a balance of authority through a system of checks and balances that strengthens accountability. However, in practice, the implementation of GCG still faces challenges in the form of overlapping authorities, weak supervisory independence, and political influence in the process of determining policies and managerial positions. This study emphasises that improving institutional structures, strengthening a culture of integrity, and consistently applying the principles of transparency and accountability are key to the successful implementation of GCG in SOEs. By strengthening inter-agency coordination, clarifying oversight mechanisms, and applying meritocracy in human resource management, SOEs can become models of efficient, clean, and competitive public corporate governance.
PERATURAN DAN KEBIJAKAN NASIONAL DALAM PENGELOLAAN PERKEBUNAN KELAPA SAWIT DI INDONESIA: ASPEK BUDIDAYA, PEMANFAATAN, PENGEMBANGAN, PERIZINAN, TATA RUANG, DAN TANGGUNG JAWAB SOSIAL PERUSAHAAN TERHADAP MASYARAKAT LOKAL Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This study analyses national regulations and policies on oil palm plantation management in Indonesia, covering aspects of cultivation, utilisation, development, licensing, spatial planning, and corporate social responsibility towards local communities, using a legal-normative approach through a literature review of Law 39 of 2014 on Plantations, its derivative regulations, ISPO certification, and various related literature. The results of the analysis show that the national regulatory framework is normatively comprehensive in regulating the principles of sustainability, core-plasma partnerships, and CSR obligations. but its implementation in the field still faces gaps such as the lack of synchronisation between permits and spatial planning, recurring agrarian conflicts, formalistic implementation of CSR, and unequal benefits for smallholders. Therefore, regulatory harmonisation, strengthened supervision, digitisation of licensing, and empowerment of local mediation are needed to realise sustainable, inclusive, and socially equitable palm oil management.

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