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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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PEMBENTUKAN UNDANG-UNDANG DI INDONESIA DALAM PERSPEKTIF FIQH SIYASAH: INTEGRASI PRINSIP KEADILAN, KEMASLAHANTAN, DAN PARTISIPASI PUBLIK Khalisatun Nurussa’adah; Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The formulation of laws is one of the fundamental pillars of Indonesia’s constitutional system, shaping public policy and the implementation of democratic principles. From the perspective of fiqh siyasah (Islamic political jurisprudence), lawmaking is not merely a political process but also a means to realize the values of justice (al-‘adl), public welfare (al-mashlahah), and public participation (musyarakah). This study aims to analyze the legislative process in Indonesia by examining the extent to which the principles of fiqh siyasah are integrated into the modern legislative system. The research employs a qualitative method with a normative and descriptive-comparative approach. Data were collected through literature studies on legislation, fiqh siyasah sources, and relevant academic documents. The findings reveal that Indonesia’s legislative process has partially accommodated the values of fiqh siyasah, particularly in aspects of social justice and public participation through mechanisms of public consultation and aspiration channels. However, the implementation of the principle of maslahah (public welfare) remains constrained by political interests and weak institutional coordination. Therefore, the integration of fiqh siyasah principles in lawmaking should be strengthened through an Islamic legal-ethical approach that emphasizes the moral responsibility of lawmakers toward public welfare.
PERLINDUNGAN HUKUM TERHADAP PEMBELI ATAS TANAH YANG TELAH DITANDATANGANI PERJANJIAN PENGIKATAN JUAL BELI (PPJB) DAN DIJUAL KEMBALI OLEH DEVELOPER Arrahman Hijratul Islami Tobing; Putra Hutomo; Furcony Putri
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

PPJB is made as a preliminary agreement made by the seller and buyer in the sale and purchase of land rights because there are conditions that have not been fulfilled by one of the parties, so the sale and purchase before the PPAT cannot be carried out, so the prospective buyer seller first makes a PPJB before a Notary as a Public Official. The problem formulations in this research are: 1) What is the legal effect of the Sale and Purchase Binding Agreement on land acquired by the buyer and resold by the developer?; 2). How is the legal protection of the buyer of the land based on the Sale and Purchase Binding Agreement (PPJB) of the land that has been paid in full and resold by the developer? By using the theory of legal protection according to Satjipto Rahardjo and the theory of legal consequences according to R. Soeroso, it can be concluded that the legal consequences of the Sale and Purchase Binding Agreement on the land obtained by the buyer and resold by the developer are very detrimental to the buyer who has done the PPJB before, and as promised can be said to have broken the promise (default) as stipulated in Article 1238 of the Civil Code.2) The legal protection obtained by the parties in terms of the transfer of land rights in the sale and purchase binding agreement is very strong because the proof of the sale and purchase binding agreement is made before an authorized public official in this case is a Notary, by signing the deed in front of a Notary or PPAT and then explaining its contents to the parties who make a sale and purchase binding agreement then signing before a Notary, the deed has valid and strong evidence as other authentic deeds.
PERANAN BADAN NARKOTIKA NASIONAL DALAM PENEGAKAN HUKUM DAN REHABILITASI TERHADAP PELAKU TINDAK PIDANAPENYALAHGUNAAN NARKOTIKA UNTUK DIRINYA SENDIRI SEBAGAI KORBAN (PECANDU) NOVIKA SIMAIBANG; NURMAYA SIMANJUNTAK
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Narcotics abuse continues to increase from year to year, not only among adults but also among teenagers and children. Given these problems, this research aims to examine and explain the function of the National Narcotics Agency in enforcing the law against individuals who carry out narcotics protection. Law enforcement as an action by BNN is expected to be able to provide answers that enable drug abusers to return to living as they should. This research method uses normative legal research. Where this research looks at various legal norms. Secondary data collected from various literature used in this research shows the role of the National Narcotics Agency in enforcing the law for narcotics perpetrators as regulated in the Narcotics Law Number 35 of 2009.
PERATURAN HUKUM NEGARA DAN KEBIJAKAN NASIONAL YANG MENGATUR SISTEM SERTIFIKASI DAN TATA KELOLA PERKEBUNAN KELAPA SAWIT BERKELANJUTAN, TERMASUK PERAN PEMERINTAH DAN TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM MEWUJUDKAN KEBERLANJUTAN LINGKUNGAN DAN SOSIAL Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This study analyses Indonesian national laws and policies governing the certification system and sustainable palm oil plantation management, focusing on two main topics: the ISPO-based legal system through Law No. 39/2014 on Plantations and Minister of Agriculture Regulation No. 38/2020, as well as the role of the government as a regulator-supervisor and corporate social responsibility (CSR) in accordance with Law No. 40/2007. Using a normative legal literature review method, the study found that the national legal framework has succeeded in integrating the principles of economic, social and environmental sustainability, but its implementation is hampered by overlapping regulations, weak inter-agency coordination, and a formalistic approach to CSR. Synergy between the government, companies and the community is needed to bridge the gap between legal norms and field practices in order to realise an inclusive and environmentally friendly palm oil industry in line with the SDGs.
ANALISIS TERHADAP PUTUSAN NOMOR 339/PDT/2018/PT. DKI DAN PUTUSAN  NOMOR 1852 K/Pdt/2019: PERBUATAN MELAWAN HUKUM ATAU CIDERA JANJI ATAS  DANA NASABAH OLEH PERUSAHAAN KOMUDITI BERJANGKA Heri Kustanto; Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Cases of theft of company assets by unscrupulous employees are a criminal offense. Theft of company assets with entry permit facilities causes losses for the company, not only loss of assets, but also other legal consequences in the form of administrative sanctions from the government for the loss of goods with entry permit facilities. This research aims to understand the legal consequences for companies that are victims of criminal acts committed by unscrupulous employees considering that the goods stolen are imported goods with import duties exemption facilities which are the company's responsibility to the government authority that provides these facilities (for example: the Investment Coordinating Board and Directorate General of Customs and Excise). Next, examine whether administrative sanctions for the loss of company assets with import duty facilities fulfill the principles of justice for companies that are victims of theft by unscrupulous employees. This research is a Normative Juridical research with a legal approach and the concept of examining laws, research results and books to find legal theories, principles and views in the process of obtaining answers which are the main subject of this research.
EFEKTIVITAS PENYIDIK BADAN NARKOTIKA NASIONAL SUMATERA UTARA DALAM PEMBERANTASAN TINDAK PIDANA NARKOTIKA Maria Polla Manalu; Nurmaya R A Simanjuntak
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Narcotics abuse has become a serious problem that threatens the young generation and the stability of countries, including in Indonesia. Etymologically, narcotics comes from the Greek term "narke" which refers to the effects of anesthesia and loss of sensation. Narcotics abuse not only impacts an individual's physical and mental health, but also triggers social, economic and legal losses. Law Number 35 of 2009 defines narcotics as substances or drugs that can cause changes in consciousness, loss of pain, and cause dependence.In Indonesia, the circulation of narcotics continues to increase along with advances in technology and information that make it easier to distribute them illegally. The National Narcotics Agency (BNN) has a strategic role in eradicatin.
ANALISIS TANTANGAN DALAM PENYUSUNAN RANCANGAN UNDANG- UNDANG DI ERA TRANSFORMASI DIGITAL: ANTARA REGULASI, INOVASI, DAN PERLINDUNGAN HAKAkhmad Zaki Yamani Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The rapid development of digital technology has had a significant impact on social, economic, and legal life. However, the main challenge in drafting regulations in the digital era is the difficulty in balancing the need for innovation with the protection of individual rights. This article examines various challenges in digital regulation, such as slow legislative processes, a lack of technical understanding among policymakers, and reliance on rapidly changing technology. The article also provides recommendations for more adaptive regulatory strategies, including the application of risk-based regulations, strengthening data privacy protection, and emphasizing the importance of collaboration between policymakers and the technology sector. Additionally, the article highlights the importance of public participation in the digital legislative process and the role of education in enhancing policymakers' understanding of technology issues. With the right approach, digital regulation can create an ecosystem that supports innovation, protects individual rights, and is responsive to technological developments.
EKSISTENSI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DALAM MENCEGAH TERBITNYA SERTIPIKAT GANDA DI KANTOR PERTANAHAN SERANG BANTEN Muhammad Ikhwan; Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
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Abstract

The rise of cases of multiple certificates related to the ownership of land rights. The Government is making efforts to prevent it through the Complete Systematic Land Registration (PTSL) program. The formulation of the problem in writing this journal is 1) what are the legal consequences of having land ownership with multiple certificates? 2) how is the existence of the Complete Systematic Land Registration (PTSL) program in preventing the issuance of multiple certificates at the Serang Banten Land Office? The research method used in this research is literature or library research which is supported by interviews with informants using a qualitative approach. The results of the study show that 1) The legal consequence of having land ownership with multiple certificates is that it does not provide legal certainty, because the purpose of a person doing land registration is to obtain a certificate as a perfect means of proof. But with the emergence of multiple certificates, it creates legal uncertainty in terms of land registration. Apart from that, there are other legal consequences, namely the emergence of losses, meaning that a person expects to obtain legal status for his land, but due to multiple certificates and then being declared lost in court with the consequence in the form of a certificate being declared null and void, the person automatically suffers a loss. 2) The existence of the Complete Systematic Land Registration (PTSL) program in preventing the issuance of multiple certificates at the Serang Banten Land Office, namely this program is one of the programs created to reduce land disputes such as multiple certificate disputes. The role of the Complete Systematic Land Registration Program based on facts can reduce the occurrence of land disputes.
PERAN HUKUM DAN FUNGSI BADAN USAHA MILIK NEGARA (BUMN) DALAM PEREKONOMIAN NASIONAL Abdul Rauf
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims to analyse the legal role and function of State-Owned Enterprises (SOEs) in supporting the national economy in accordance with the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. As state-owned economic entities, SOEs have two main functions, namely legal and economic functions, which are interrelated. The legal function plays a role in structuring, supervising, and managing SOEs to ensure they operate in accordance with the principles of transparency, accountability, and public interest. Meanwhile, the economic function of SOEs is evident in their contribution to gross domestic product (GDP) growth, employment, infrastructure development, and equitable distribution of wealth. This study uses a literature review method with a normative juridical approach based on an analysis of legislation, academic literature, and official government documents. The results of the study show that the success of SOEs in carrying out their functions is highly dependent on the effectiveness of the legal system that regulates them and the consistent application of the principles of good corporate governance. With the support of a strong legal framework, SOEs can optimally function as state economic actors and instruments of equitable and sustainable national development.
SENGKETA LAUT CINA SELATAN PASCA PUTUSAN PERMANENT COURT OF ARBITRATION TAHUN 2016 PERSPEKTIF HUKUM INTERNASIONAL NURSYAMSIAH NURSYAMSIAH
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
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Abstract

China's unilateral claims in the South China Sea have triggered disputes due to overlapping claims by several countries in the Southeast Asia region and China. This study aims to analyze the South China Sea disputes post the Permanent Court of Arbitration (PCA) ruling in 2016 from an international law perspective. The method used is a normative juridical approach with literature study and analysis of official documents and foreign policies of each country post-PCA ruling. The results show that although the PCA ruling is final and binding under UNCLOS 1982, its implementation on the ground still faces political and diplomatic obstacles. China's non- compliance with the ruling presents a significant challenge in enforcing international law when dealing with major countries. However, the ruling remains an important precedent in the peaceful resolution of maritime disputes based on international law. The success of international law in the South China Sea disputes does not only depend on the legal decision itself but also on the political will of countries to comply with and respect the applicable law. A more assertive, participatory, and consistent multilateral approach is needed for the supremacy of international law to be effectively upheld in the resolution of future maritime conflicts

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