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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 286 Documents
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PERILAKU AKSESIBILITAS MASYARAKAT DAN EVALUASI YURIDIS KEABSAHAN KONTRAK PINJAMAN ONLINE ILEGAL Hupita Damayanti; Adithya Nugraha; Vanza Parci Lukmana; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20663604

Abstract

This research aims to examine the phenomenon of illegal online loans through an interdisciplinary approach combining behavioral consumer psychology analysis and civil law evaluation. The issues raised concern the high accessibility of society to illegal online lending platforms and the validity of the standard digital contracts produced by such transactions. The method employed is normative legal research with an interdisciplinary approach integrating economic psychology and civil law dogmatics. The results reveal two main findings. First, society is driven to borrow from illegal platforms due to the impulse for instant gratification, manipulation of application visual architecture through dark patterns, socio-economic pressures encompassing emergency needs and the Fear of Missing Out phenomenon, and low financial and digital literacy. Second, the standard contracts of illegal online loans are declared invalid and null and void by operation of law for failing to fulfill the capacity requirement and lawful cause as stipulated in Article 1320 of the Indonesian Civil Code.
KONSTRUKSI HUKUM ACARA PERDATA DALAM MENYELESAIKAN EKSEPSI MATERIIL: UPAYA MENGELIMINASI INEFISIENSI PUTUSAN NIET ONTVANKELIJKE VERKLAARD (NO) BERDASARKAN PASAL 136 HIR Muhamad Febin; Danil Wirawan; Risnauli Simanjuntak; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20663639

Abstract

This study examines the inconsistency in the application of Article 136 HIR/162 RBg in Indonesian civil procedural law practice, particularly regarding judicial treatment of material exceptions (eksepsi materiil) that result in Niet Ontvankelijke Verklaard (NO) rulings. The legal ideal enshrined in Article 2(4) of Law Number 48 of 2009 on Judicial Power requires proceedings to be simple, fast, and inexpensive. In practice, however, cases that have undergone dozens of evidentiary hearings still conclude with NO rulings on grounds of formal defects in the claim, causing significant temporal and financial harm to justice seekers. This research employs a normative juridical method with statutory, conceptual, and legal-historical approaches. The findings reveal that the root cause lies in the regulatory nature of Article 136 HIR, which carries no sanction, thereby generating divergent judicial interpretations. A further evaluation demonstrates that prevailing practice substantially contradicts the principle of simple, swift, and affordable adjudication. The strategic recommendation of this study is the urgent formulation of standardized parameters through a Supreme Court Regulation (Perma) or a Supreme Court Circular (SEMA).
PERLINDUNGAN HUKUM ATAS HAK NORMATIF PENGEMUDI TRANSPORTASI ONLINE DITINJAU DARI STATUS KEMITRAAN KETENAGAKERJAAN Najwa Ardelia Cahyarani; Viona Maylinda Sari; Panji Semangun; Aryo Apsa Wicaksono; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20663687

Abstract

The emergence of online transportation platforms such as Gojek has created a new legal relationship based on a partnership system that formally positions drivers as independent partners rather than employees. This study aims to analyze the legal standing of online transportation drivers within Indonesia's labor law framework and to formulate appropriate legal protections for drivers' normative rights amid the regulatory vacuum in the gig economy. The research employs a normative juridical method with statutory and analytical approaches through a literature study of applicable laws, standard partnership agreements, and labor law literature. The findings indicate that, in substance, the relationship between drivers and application platforms contains the elements of work, wages, and command as stipulated in Article 1 number 15 of Law Number 13 of 2003 on Manpower, making the partnership status imposed on drivers a form of corporate legal camouflage. The regulatory vacuum in the gig economy results in drivers losing normative rights such as minimum wage, religious holiday allowances, severance pay, and social security. Regulatory reform that explicitly recognizes the category of platform workers is urgently needed to ensure legal certainty and justice.
MODEL EVALUASI PRODUK HUKUM DAERAH BERBASIS HUKUM TATA NEGARA DAN MAQASHID SYARIAH DALAM MEWUJUDKAN REGULASI YANG KONSTITUSIONAL DAN BERKEMASLAHATAN Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20728033

Abstract

This study is motivated by the growing complexity of regional legal products within the decentralization framework, which requires regulations to fulfill not only formal legality but also substantive public welfare objectives. The primary issue lies in the persistence of regional regulations that are inconsistent with higher-level legislation, potentially conflict with constitutional principles, and inadequately reflect societal benefits. This research aims to formulate an evaluation model for regional legal products based on Constitutional Law and Maqashid Sharia to promote regulations that are both constitutional and welfare-oriented. The study employs normative legal research using statutory, conceptual, philosophical, and comparative approaches. The findings reveal that existing evaluation mechanisms predominantly emphasize formal legal compliance and have not comprehensively assessed substantive public benefit. This research proposes a Constitutional-Maqashidi Evaluation Model integrating constitutionality, legality, and public welfare into a unified analytical framework. Theoretically, the model contributes to the development of regulatory evaluation studies. Practically, it offers policymakers and regional governments a systematic instrument for producing higher-quality, constitutionally compliant, and socially beneficial regulations.
PERLINDUNGAN HUKUM BAGI PEREMPUAN DAN ANAK TERHADAP IMPLIKASI YURIDIS PERKAWINAN SIRI: PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM Jazmine Sukma Sulaeman; M. Abdul Rahman; Asep Nurmansyah; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20728065

Abstract

Unregistered marriage (siri marriage) is a form of marriage that is valid under religious law but is not recorded with the authorized marriage registrar, thus receiving no legal recognition from the state. This study aims to analyze the juridical implications of siri marriages on the legal status of wives, children, and marital property, as well as to evaluate the effectiveness of Indonesia's positive law instruments in providing legal protection and rights recovery for the aggrieved parties. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials are drawn from Law Number 1 of 1974 as amended by Law Number 16 of 2019 on Marriage and the Compilation of Islamic Law. The findings reveal that siri marriages create significant legal vacuums for wives and children, including the loss of rights to maintenance, joint marital property, and inheritance. Existing legal protection is reactive rather than preventive, relying on the itsbat nikah mechanism at the Religious Court, which is not easily accessible for underprivileged communities. The state must strengthen the marriage registration system as a comprehensive legal protection instrument.
PERLINDUNGAN HUKUM HAK ATAS KEPASTIAN KERJA TERHADAP REGULASI JANGKA WAKTU PERJANJIAN KERJA WAKTU TERTENTU (PKWT) PASCAUNDANG-UNDANG CIPTA KERJA Roah Perliawati; Mohammad Perdana Diputra; Ricky Maulana; Ipah Atipah; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20728160

Abstract

This research examines the juridical implications of extending the maximum duration of Fixed-Term Employment Agreements (PKWT) to five years under Article 6 of Government Regulation Number 35 of 2021 as a derivative of the Job Creation Law, with respect to workers' right to job security in Indonesia. Two research problems are addressed: first, what are the juridical implications of the change in PKWT duration from the perspective of job security principles; and second, what legal protections remain available for contract workers after the enactment of the Job Creation Law. This research employs normative juridical methods with statutory and conceptual approaches and analyzes legal materials descriptively and qualitatively. The findings reveal that the elimination of renewal frequency limitations and the extension of the contract tolerance period to five years systematically degrades workers' right to job security. The new regulation creates legal loopholes for employers to misuse the right to fill permanent positions with repeatedly extended contract workers without any obligation to regularize their employment status, resulting in the juridical protection of the state toward contract workers declining to its most minimal point.
PERLINDUNGAN HUKUM BAGI PEMBELI BERITIKAD BAIK TERHADAP KEPEMILIKAN SERTIFIKAT TANAH GANDA Warni Purba; Asep Rachman Saputra; Elang Pratama Efendi; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20728239

Abstract

This study aims to analyze the legal gap in Article 19 of Law Number 5 of 1960 concerning the Basic Agrarian Principles that triggers overlapping land certificate disputes, while also evaluating the legal protection afforded to good faith buyers under Indonesian positive law. The central problem is that buyers who have transacted lawfully nevertheless lose legal certainty when their certificate turns out to overlap with another party's certificate due to weak administrative validation. This research employs a normative juridical method with statutory and conceptual approaches through a literature study of primary and secondary legal materials. The findings reveal that the negative publication system with positive tendencies positions the certificate merely as strong evidence rather than absolute proof, thus remaining vulnerable to lawsuits and cancellation through material proof. Legal protection for good faith buyers under positive law remains partial because the state has not provided an automatic restoration or compensation mechanism, leaving honest buyers burdened with the obligation to independently file an unlawful act claim to recover their losses.
REKONSTRUKSI PENERAPAN QAWĀ‘ID AL-FIQHIYYAH DALAM PENETAPAN HAK NAFKAH PASCA PERCERAIAN DI INDONESIA Muslimat
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21016360

Abstract

The determination of post-divorce maintenance rights in Indonesia is one of the key aspects of Islamic family law, aimed at ensuring the protection of former wives and children following the dissolution of marriage. Judicial practice shows that judges do not merely rely on the normative provisions of legislation, but also apply the principles of Islamic law contained in the qawā‘id al-fiqhiyyah. However, the application of these fiqh principles remains partial and has not yet been established within a systematic methodological framework. This article aims to reconstruct the application of qawā‘id al-fiqhiyyah in determining post-divorce maintenance rights in Indonesia through a normative-conceptual approach. This study employs a normative legal research methodology, which aims to examine applicable legal principles, particularly those relating to maintenance from the perspective of qawā‘id al-fiqhiyyah. The findings indicate that principles such as the need to eliminate harm, the principle that difficulty gives way to ease, the use of custom as a legal basis, and the requirement that the ruler’s policies be oriented towards the public interest can serve as a foundation for reconstructing the determination of iddah maintenance, mut’ah, madhiyah, and child maintenance. It is hoped that this reconstruction will lead to rulings that are fairer, more responsive, and focused on protecting women’s rights following divorce.
SANKSI PIDANA SEBAGAI UPAYA PENEGAKAN HUKUM TERHADAP TINDAK PIDANA ILLEGAL FISHING Deni Juliyanto; Zainab Ompu Jainah
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21016384

Abstract

The very concerning level of deviation in fishing efforts is often found by both individuals and corporations that are carried out illegally or against the law. This study aims to determine the criminal sanctions and law enforcement against the crime of illegal or against the law fishing. Through secondary data analysis and interviews with law enforcement officers, this study found that the criminal sanctions for the crime of illegal fishing based on the Fisheries Law can be subject to a prison sentence of 10 years and a fine of IDR. 2,000,000,000 (Two Billion Rupiah). A qualitative approach is used to identify the stages of criminal law enforcement that influence the success of the law enforcement process against the crime of illegal or against the law fishing.
PERTIMBANGAN HAKIM TERHADAP GUGAT CERAI AKIBAT PERSELINGKUHAN DI PENGADILAN AGAMA TANJUNG KARANG(Studi Putusan Nomor 1321/Pdt.G/2024/Pa.Tjk) Angela Merici L.P; Aprinisa; Baharuddin
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21016398

Abstract

This study aims to analyze the factors leading to divorce lawsuits due to infidelity and to examine the legal considerations of the judges in deciding such cases at the Religious Court of Tanjung Karang. The research focuses on Decision Number 1321/Pdt.G/2024/PA.Tnk, in which the plaintiff filed for divorce on the grounds that the respondent frequently met with her ex-husband without the knowledge or consent of her legal husband. The research problems addressed are: (1) What are the factors that cause a husband to file for divorce due to his wife’s infidelity in Decision Number 1321/Pdt.G/2024/PA.Tnk? and (2) How did the judge consider the legal aspects in deciding the divorce case based on infidelity?. This research employs a normative and empirical juridical approach, with data obtained through literature review and direct interviews. The findings indicate that the primary factor in the divorce was the loss of trust resulting from suspected infidelity, supported by evidence and witness testimony. In deciding the case, the judge considered the principles of justice, the protection of the rights of both husband and wife, as well as the provisions stipulated in Law Number 1 of 1974 in conjunction with LawNumber 16 of 2019 and the Compilation of Islamic Law. This research is expected to serve as a reference for legal practitioners and the public in understanding and resolving divorce cases due to infidelity in a fair and lawful manner.

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