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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.
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Articles 286 Documents
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MEDICAL REHABILITATION RELAPSE RATE AT BNN BULELENG REGENCY: JURIDICAL AND SOCIOLOGICAL PERSPECTIVES Komang Dian Judita; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku
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.21287986

Abstract

Drug abuse is a crime that not only has a legal dimension but also wide-ranging sociological implications, including the emergence of relapse among users after undergoing the recovery process. This research aims to analyze narcotics within the legal dimension and examine the optimization of relapse rehabilitation for individuals at the National Narcotics Agency (BNN) of Buleleng Regency from a juridical-sociological perspective. The research uses an empirical legal method with a descriptive-analytical nature thru a legislative approach and factual reality in the field, particularly related to the implementation of Article 54 of Law Number 35 of 2009 concerning Narcotics. The research results show that normatively, drug addicts and victims of drug abuse are required to undergo medical and social rehabilitation as a form of recovery, not merely punishment. However, in practice in Buleleng Regency, the implementation of medical rehabilitation has not been optimal due to limited facilities and infrastructure. The Buleleng District Narcotics Agency (BNN) does not yet have independent inpatient medical rehabilitation facilities, so patients must be referred outside the region, such as to the Bali Provincial Mental Hospital in Bangli and the Mangunsada Hospital in Badung. This condition indicates a gap between the ideal (das sollen) and the reality (das sein) in the implementation of narcotics rehabilitation. In addition, factors such as the social environment, regional characteristics, and the strong addictive nature of narcotics also increase the risk of relapse. Thus, the optimization of rehabilitation in Buleleng requires strengthening the infrastructure of medical services, enhancing the institutional capacity of the National Narcotics Agency (BNN), and synergizing legal and social approaches so that the recovery of users can proceed effectively and sustainably.
PERTANGGUNGJAWABAN TINDAK PIDANA EKSPLOITASI SEKSUAL YANG DITUJUKAN TERHADAP KEINGINAN SEKSUAL DENGAN ORANG LAIN (Studi Putusan Nomor 332/Pid.Sus/2023/PN Tjk) Debora Shintiya Br. Siagian; Aprinisa; Risti Dwi Ramasari
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.21288001

Abstract

Sexual exploitation is one of the forms of sexual violence crimes that continues to develop alongside advances in information technology and changes in criminal patterns within society. This crime not only causes physical harm to victims but also results in prolonged psychological, social, and economic suffering. This study aims to analyze the criminal liability of perpetrators of sexual exploitation intended to satisfy another person's sexual desires and to examine the legal considerations employed by judges in Decision Number 332/Pid.Sus/2023/PN Tjk. The research addresses two main issues: the criminal liability of the offender and the judicial considerations underlying the imposition of criminal sanctions. This research employs both normative and empirical juridical approaches by utilizing primary data obtained through interviews and secondary data derived from statutory regulations, court decisions, legal literature, and scientific journals. The data were analyzed using a qualitative juridical method. The findings indicate that the defendant fulfilled all legal elements of the criminal offense of sexual exploitation as stipulated in Law Number 12 of 2022 concerning Crimes of Sexual Violence and therefore bears criminal responsibility. The court imposed a sentence of one year imprisonment and a fine of IDR 5,000,000 based on juridical, philosophical, and sociological considerations. The judgment was founded upon valid legal evidence, the objectives of criminal punishment, victim protection, and both aggravating and mitigating circumstances. This study is expected to contribute to the development of criminal law, particularly regarding the enforcement of laws against sexual exploitation offenses in Indonesia.
HARMONIZATION OF QRIS AND PADG REGULATIONS NO. 21/18/PADG/2019 IN INDONESIA'S DIGITAL PAYMENT SYSTEM Wafiya; Edi Hermansyah
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.21288011

Abstract

The transformation of the digital payment system in Indonesia presented new challenges in terms of regulation, particularly concerning the standards of the Quick Response Code Indonesian Standard (QRIS) and the legal status of the Regulation of the Members of the Board of Governors (PADG) No. 21/18/PADG/2019. This study aimed to identify regulatory dis harmonization within the digital payment legal system, analyze the position of PADG in the national legal structure, and explore efforts toward legal harmonization. A normative juridical approach and vertical-horizontal synchronization analysis were employed. The results of the study showed that regulations related to QRIS experienced overlapping authorities between Bank Indonesia and the Financial Services Authority (OJK), the absence of a specific law on digital payment systems, and a lack of policy integration among institutions. The role of PADG No. 21/18/PADG/2019 as a technical legal instrument from Bank Indonesia was implementation rather than normatively structural, and thus was not strong enough to provide broad legal certainty. Legal harmonization efforts were deemed crucial to be carried out systematically through three approaches: (1) restructuring regulations based on the principle of lex specialis derogat legi generali; (2) drafting a National Digital Payment System Law as a comprehensive legal umbrella; and (3) strengthening coordination among regulatory and supervisory institutions such as Bank Indonesia, OJK, and the Ministry of Finance. Such harmonization needed to be not only structural but also substantive and adaptive to the development of financial technology.
SISTEM HUKUM KETENAGAKERJAAN INDONESIA: HAK DAN KEWAJIBAN PARA PIHAK DALAM HUBUNGAN INDUSTRIAL Muthia Syafa Ramadhani Lubis; Sifa Maulida Bangun, Marsya Oktaviani Harahap, Zahwa Soraya, Niha Sry Asyh Gultom, Mutiara Andini, E
JOURNAL OF LAW AND NATION Vol. 5 No. 2 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21543635

Abstract

The aim of this study is to examine the labour law system in Indonesia and to assess the rights and responsibilities of all parties in industrial relations, including workers, employers and the government. Industrial relations constitute a system of interactions that occur during the production of goods and/or services, based on the principles of Pancasila and the 1945 Constitution of the Republic of Indonesia. Maintaining a balance between the rights and responsibilities of the parties involved is a crucial aspect of creating harmonious, fair and productive labour relations. The method used in this study is normative legal research employing a statutory approach and a conceptual approach. The legal sources utilised consist of primary sources, namely legislation; secondary sources, such as books and academic journals; and tertiary sources, such as legal dictionaries and encyclopaedias. The collection of legal sources was carried out through a literature review, followed by qualitative descriptive analysis. The results of this study indicate that the labour law system in Indonesia serves to manage relations between workers, employers and the government with the aim of creating fair industrial relations. Workers are entitled to a decent wage, occupational health and safety protection, social security, and the freedom to form trade unions, and have a duty to carry out their work in accordance with their contract and to comply with the regulations set by the company. Employers are entitled to run and develop their businesses, whilst bearing the responsibility to fulfil workers’ statutory rights and provide safe working conditions. The government acts as a regulator, facilitator and supervisor in the implementation of industrial relations. The fact that the exercise of rights and obligations by all parties has not yet been optimally implemented remains a cause of disputes in industrial relations. Therefore, compliance with regulations and increased legal awareness amongst all parties are required in order to achieve harmonious, productive and sustainable industrial relations.
TRANSISI HUKUM PIDANA DAN KEDUDUKAN HUKUM ADAT DALAM HUKUM PIDANA BARU INDONESIA Uti Abdulloh
JOURNAL OF LAW AND NATION Vol. 5 No. 2 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21543646

Abstract

The reform of Indonesian criminal law through Law Number 1 of 2023 on the National Penal Code marks a new chapter in the transition of Indonesian criminal law from the colonial Wetboek van Strafrecht to a criminal law rooted in national values. One of the most fundamental changes in the National Penal Code is the recognition of living law as regulated in Article 2 and Article 597, which opens space for customary law to serve as a basis for criminal liability alongside written law. This article aims to analyze the transition of Indonesian criminal law and the position of customary law following the enactment of the National Penal Code. This research employs a normative juridical method with statute and conceptual approaches. The findings indicate that the recognition of living law represents a paradigm shift from formal legality toward a balance with material legality, although its implementation requires clear guidelines to avoid legal uncertainty and potential human rights violations.
INDONESIA DALAM DINAMIKA HUKUM INTERNASIONAL DI ASEAN Prasetya Putra Nugraha
JOURNAL OF LAW AND NATION Vol. 5 No. 2 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21615914

Abstract

Southeast Asia is a region that has very dynamic conditions both in the political, economic and socio-cultural fields, so this has an impact on clasch of national interest in each country. Indonesia as the leader of ASEAN has a major role as the “motorof ASEAN’ one of whose important roles is active involvement in handling international legal issues in the Southeast Asian region. The purpose of this study is to analyzing Indonesia’s strategic role in his involvement in handling the dynamics of international law in ASEAN. The research methhod used is literature study by reading, collecting then analyze the literature that has been obtained. The research result show that Indonesia’s important role is not only actively involved in addressing international legal issues in ASEAN but also has a big influence in maintaining defense and security stability in the region by taking advantage of geopolitical position. Besides that, Indonesia has a central role in mediating conflicts between ASEAN members. As leader of ASEAN Indonesia’s existence is very decisive stability conditions in the Southeast Asia region.

Page 29 of 29 | Total Record : 286

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