cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Aslan
Contact Email
aslanbanjary066@gmail.com
Phone
+6285245268806
Journal Mail Official
aslanbanjary066@gmail.com
Editorial Address
Jalan Joyosuko Metro 42 A, Merjosari, Malang, Provinsi Jawa Timur, 65144
Location
Kota malang,
Jawa timur
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.
Arjuna Subject : -
Articles 273 Documents
 24   25   26   27   28 
INTERVENSI KEMANUSIAAN DARI AMNESTY INTERNATIONAL TERHADAP ISU DISKRIMINASI HAM UNTUK FIRST NATION DI KANADA PASCA 2016 Sandiwan Putra Bintang Anugrah
JOURNAL OF LAW AND NATION Vol. 4 No. 3 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

My research examines Amnesty International's intervention in the issue of discrimination against First Nations in Canada. The discussion is written in a descriptive, argumentative, and analytical manner using qualitative research methods with secondary data. The results of the study show that Amnesty's efforts have not been successful in resolving this issue. Using the English School Theory, which focuses on pluralism and solidarism, this theory finds the reason for the obstacles to Amnesty's dialogue with the Canadian government regarding indigenous rights violations to be the different framing of First Nation issues. Amnesty's strategy consists of three approaches: first, publishing research, petitions, and posters with the assistance of other mass media; second, correspondence with the government; and third, collaboration with activist organisations.
TRANSFORMASI KEPEMIMPINAN DIGITAL DALAM DOKTRIN PERTAHANAN: STUDI PERBANDINGAN RUSIA, AMERIKA SERIKAT, DAN ISRAEL SEBAGAI BASIS PENGUATAN PERTAHANAN SIBER INDONESIA Petrus Bambang Setya Budi; Gatot Dwi Nugroho, Tarsisius Susilo, Gusti Bagus Oka Tapayasa, H.D. Arifin Simanjuntak
JOURNAL OF LAW AND NATION Vol. 4 No. 3 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the transformation of digital leadership in defense doctrines, focusing on lessons from Russia, the United States, and Israel, and their implications for the urgency of establishing an Indonesian cyber defense doctrine. The research employs a literature-based approach through strategic comparative studies, policy analysis, and global benchmarking. Findings reveal that Russia emphasizes digital sovereignty through strategic information control; the United States prioritizes multisectoral collaboration and technological innovation; while Israel highlights leadership flexibility and the development of digital human capital. Benchmarking indicates that Indonesia should integrate these three approaches in formulating a national cyber defense doctrine rooted in Pancasila values, national interests, and the principle of state sovereignty. Therefore, the establishment of a cyber defense doctrine in Indonesia is a strategic necessity to strengthen national security, protect critical infrastructure, and develop adaptive digital leadership in the era of technological disruption.
THE OBLIGATION OF MAINTENANCE AS AN ALIMONY RIGHT IN CIVIL LAW AND ITS IMPLICATIONS IN INDONESIA Indah Imelda Pramesti; I Dewa Ayu Dwi Mayasari
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591763

Abstract

Alimentary rights are a form of legal protection aimed at ensuring the fulfillment of living needs for those entitled, such as wives and children, within the context of family relationships. In Indonesian civil law, the obligation to provide support as alimentary rights is grounded in the Indonesian Civil Code (KUHPerdata) and the Marriage Law No. 1 of 1974. This study aims to analyze the concept of support obligations within the framework of alimentary rights and their implications, particularly in divorce cases. Using a normative juridical approach, this research examines legislation and court decisions related to the implementation of alimentary rights. The findings indicate that alimentary rights serve not only to meet material needs but also reflect legal and moral responsibilities to protect the welfare of children and former spouses. However, the implementation of these obligations faces challenges, including weak law enforcement, low public legal awareness, and financial constraints of the obligated party. Necessary solutions include strengthening regulations, increasing legal education for the public, and optimizing mechanisms for monitoring and law enforcement. With these steps, alimentary rights as part of the support obligations can be effectively implemented and offer optimal protection for all entitled parties
PERSPEKTIF KRIMINOLOGI KONTEMPORER TERHADAP KRIMINALITAS REMAJA DI ERA MEDIA SOSIAL Sintia Aprilia Sari; Erna Dewi; Fristia Berdian Tamza
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591812

Abstract

The development of social media has significantly changed the patterns of adolescent social interaction and has also influenced the dynamics of juvenile crime. This article aims to analyze the phenomenon of juvenile crime in the social media era through a contemporary criminological perspective. The approach used is normative research with conceptual analysis of modern criminological theories such as social learning theory, general strain theory, routine activity theory, and cybercriminology. The results of the study indicate that social media acts as a space for the reproduction of values, an arena for identity search, and a facilitative medium for crimes such as cyberbullying, online fraud, the distribution of illegal content, and violence triggered by digital exposure. Structural, psychological, and cultural factors interact in shaping adolescent deviant behavior. Therefore, countermeasures strategies cannot rely solely on repressive approaches but must emphasize digital literacy, strengthening informal social control, and prevention-based policies.
KONVERGENSI TANGGUNG JAWAB PIDANA DAN PERDATA DALAM TINDAK PIDANA KERUGIAN NEGARA: KAJIAN PUSTAKA ATAS DUALITAS SANKSI DAN RESTITUSI Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591828

Abstract

This article aims to analyse the convergence of criminal and civil liability in criminal offences causing loss to the state through a literature review of the duality of sanctions and restitution. This issue is significant because loss to the state resulting from criminal offences, particularly corruption, requires not only the punishment of the perpetrators but also the tangible recovery of state funds through effective legal mechanisms. The findings indicate that the duality of criminal and civil sanctions constitutes a form of convergence of legal instruments, wherein criminal law serves to establish guilt and impose sanctions, whilst civil law serves to recover state losses through claims for damages, asset recovery, and restitution mechanisms. This study also found that restitution in cases of state losses cannot be narrowly interpreted as mere payment of damages, but rather as part of an asset recovery strategy that links the functions of punishment, recovery, and protection of the public interest. However, the effectiveness of this convergence still faces obstacles in the form of regulatory disharmony, limitations in asset tracing, and weak coordination between law enforcement agencies, meaning that the objective of recovering state losses has not always been optimally achieved. Therefore, there is a need to strengthen harmonisation between the criminal and civil regimes, optimise restitution mechanisms, and reformulate asset recovery policies so that law enforcement against criminal acts causing state losses can achieve justice, legal certainty, and public benefit in a balanced manner.
HARMONISASI PERTANGGUNGJAWABAN PIDANA DAN GANTI KERUGIAN PERDATA DALAM KASUS PENCILAN DATA (DATA BREACH): TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KORBAN DI ERA DIGITAL Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591850

Abstract

This article discusses the harmonisation of criminal liability and civil damages in cases of data breaches in Indonesia as an effort to strengthen victim protection in the digital age. Breaches of personal data cause losses that are not only material but also immaterial, thus requiring a legal approach that goes beyond merely punishing the perpetrators to also restoring the victims’ rights. This study demonstrates that Law No. 27 of 2022 on Personal Data Protection has provided a normative basis for the enforcement of criminal penalties and civil compensation; however, its implementation still faces challenges regarding the burden of proof, compensation mechanisms, and the integration of criminal and civil proceedings. Therefore, harmonisation of regulations and law enforcement is required to ensure that victim protection becomes more effective, fair, and responsive to developments in digital crime.
DAMPAK HUKUM KENAIKAN TARIF PUNGUTAN EKSPOR KELAPA SAWIT TERHADAP HILIRISASI INDUSTRI DAN KEPASTIAN HUKUM BAGI EKSPORTIR Loso Judijanto
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591872

Abstract

This study examines the legal implications of the increase in palm oil export levies on industrial downstreaming and legal certainty for exporters. The policy of increasing export levies is viewed as a state instrument to encourage the domestic processing of palm oil products in order to create greater added value, strengthen downstream industries, and support the national downstreaming agenda. However, dynamic changes to the tariff also give rise to legal consequences in the form of potential legal uncertainty for exporters, particularly in contract planning, cost calculations, and adjustments to trade strategies. This study employs a normative approach using a literature review method that examines legislation, academic literature, and official sources relating to palm oil export levy policy. The findings indicate that an increase in export levy rates has the potential to positively drive the downstream processing of the palm oil industry; however, its effectiveness is highly dependent on regulatory consistency, technical clarity in implementation, and the assurance of legal certainty for business operators. Therefore, export levy policies must be designed proportionately to ensure that industrialisation objectives and legal protection are balanced.
EFEKTIVITAS ARBITRASE INTERNASIONAL DALAM PENYELESAIAN SENGKETA INVESTASI PASCA-ICSID: ANALISIS PERBANDINGAN ANTARA PENDEKATAN UNCITRAL DAN ICSID DALAM PERLINDUNGAN INVESTOR ASING Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591905

Abstract

This study aims to analyse the effectiveness of international arbitration in post-ICSID investment dispute resolution, focusing on a comparison between the UNCITRAL and ICSID approaches to the protection of foreign investors. The research method employed is a literature review (library research) using a normative-legal approach and comparative methods to identify the strengths and weaknesses of each arbitration mechanism. The results of the study indicate that ICSID offers greater certainty of enforcement through the self-contained enforcement mechanism under Article 54 of the ICSID Convention, which binds 160 contracting states to enforce awards without the intervention of national courts, whilst also providing a standardised institutional structure and the rarity of forum neutrality. However, ICSID faces serious criticism regarding high costs, lengthy durations, inconsistencies in awards, and potential interference with the host state’s regulatory space. Conversely, UNCITRAL offers greater procedural flexibility, lower costs, and higher transparency through the 2013 UNCITRAL Rules on Transparency; however, its main weakness lies in an enforcement mechanism reliant on the 1958 New York Convention, which requires the intervention of national courts and carries the risk of refusal of enforcement. From the perspective of foreign investors prioritising enforcement certainty, ICSID is superior, whilst from the perspective of transparency and cost efficiency, UNCITRAL is more competitive. Both mechanisms continue to adapt through the reforms of UNCITRAL Working Group III and the revision of the ICSID Rules 2022 to enhance effectiveness in the protection of foreign investors.
KERANGKA HUKUM PENETAPAN HARGA TANDAN BUAH SEGAR (TBS) SAWIT: URGENSI REGULASI, KEADILAN HARGA BAGI PETANI, DAN MEKANISME SENGKETA HARGA Loso Judijanto
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591913

Abstract

Indonesia’s palm oil industry faces serious structural challenges regarding price fairness for smallholders, particularly independent farmers who are not part of a partnership scheme. This study analyses the legal framework for setting the price of Fresh Fruit Bunches (FFB) with a focus on the urgency of regulation, price fairness for farmers, and price dispute mechanisms. The method used is a literature review (library research) with a juridical-normative approach to analyse legislation, scientific journals, and relevant official publications. The research findings indicate that although regulations are in place through Ministry of Agriculture Regulation No. 01/Permentan/KB.120/1/2018 and Ministry of Agriculture Regulation No. 13 of 2024, implementation on the ground remains weak due to the absence of strict sanctions for violators of reference prices and a significant enforcement gap. Independent farmers receive an average TBS price 15–25% lower than partner farmers with the same fruit quality due to weak bargaining power, information asymmetry, and a long distribution chain. Existing dispute resolution mechanisms are also ineffective due to the absence of specialised arbitration or mediation bodies and the lack of independent oversight mechanisms. This study recommends comprehensive reforms encompassing strengthened regulations with strict sanctions, the establishment of an independent oversight body, the digitisation of price information, and equitable partnership contracts to foster fairness and the sustainability of the national palm oil industry.
PERTANGGUNGJAWABAN PIDANA DALAM KEJAHATAN SIBER (CYBERCRIME) DI ERA DIGITAL: KAJIAN PUSTAKA TERHADAP KETERBATASAN REGULASI HUKUM PIDANA INDONESIA Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591939

Abstract

The development of information and communication technology in the digital age has brought significant changes to various aspects of human life, including the emergence of a new form of technology-based crime: cybercrime. This study aims to analyze criminal liability in cybercrime and identify the limitations of Indonesian criminal law regulations in addressing cybercrime. The study employs a normative legal research method using a literature review approach. The findings indicate that although Indonesia has established a legal foundation for criminal liability through the Criminal Code (KUHP) and the Law on Information and Electronic Transactions (UU ITE), the effectiveness of law enforcement remains hindered by scattered regulatory limitations, the continued existence of legal gaps regarding certain forms of cybercrime, inconsistencies between the Criminal Code and the Electronic Information and Transactions Law, weaknesses in the regulation of electronic evidence, as well as limitations in human resources and digital forensic infrastructure. This study concludes that strengthening criminal liability for cybercrime requires a more comprehensive reform of criminal law, regulatory harmonization, enhanced technical capacity of law enforcement agencies, and strengthened international cooperation to address the transnational nature of cybercrime.

Page 26 of 28 | Total Record : 273

 24   25   26   27   28 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 5 No. 1 (2026): Journal of Law and Nation Vol. 4 No. 4 (2026): Journal of Law and Nation Vol. 4 No. 3 (2026): Journal of Law and Nation Vol. 4 No. 2 (2025): Journal of Law and Nation Vol. 4 No. 1 (2025) Vol. 3 No. 4 (2025): Journal of Law and Nation Vol. 3 No. 3 (2025): Journal of Law and Nation Vol. 3 No. 2 (2024): Journal of Law and Nation Vol. 3 No. 1 (2024): Journal of Law and Nation Vol. 2 No. 4 (2024): Journal of Law and Nation Vol. 2 No. 3 (2024): Journal of Law and Nation Vol. 2 No. 2 (2023): Journal of Law and Nation Vol. 2 No. 1 (2023): Journal of Law and Nation Vol. 1 No. 4 (2023): Journal of Law and Nation Vol. 1 No. 3 (2023): Journal of Law and Nation Vol. 1 No. 2 (2022): Journal of Law and Nation Vol. 1 No. 1 (2022): Journal of Law and Nation More Issue