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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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MODEL KEPEMIMPINAN SPIRITUIL MILITER ALI KHAMENEI TERHADAP KETAHANAN IDEOLOGIS DAN PERTAHANAN MANDIRI DALAM PERSPEKTIF STRATEGI PERTAHANAN INDONESIA Mujahidin Mujahidin; Fitriyan Rupito; Tarsisius Susilo; Gusti Bagus Oka Tapayasa; H.D. Arifin Simanjuntak
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Ali Khamenei's leadership as Iran's Supreme Leader represents a model of military spiritual leadership that places ideology as the main pillar of national defence. Under his direction, Iran has developed ideological resilience through the consolidation of religious values, the strengthening of political legitimacy, and the development of military and paramilitary forces loyal to the principles of the Islamic revolution. This strategy goes hand in hand with an independent defence policy, particularly through a resistive economy programme and domestic defence industrialisation, which includes the development of ballistic missiles, drones, and other military technology, despite facing international sanctions and isolation. This article aims to analyse Khamenei's leadership model using a transformational, adaptive, and strategic military leadership theory approach, as well as utilising SWOT analysis tools to evaluate the strengths, weaknesses, opportunities, and risks of Iran's defence strategy. The results of the study show that ideological resilience provides strong legitimacy for independent defence policies, but also carries vulnerabilities in the form of technological isolation and prolonged economic pressure. For Indonesia, there are important lessons in building a defence doctrine that is distinctive, independent, and based on national ideological values, with adaptations in accordance with Pancasila and the democratic system. Thus, the model of military spiritual leadership can be a reference in formulating an adaptive and relevant Indonesian defence strategy towards Indonesia Emas 2045.
IMPLEMENTASI PEMBINAAN NARAPIDANA DI RUMAH TAHANAN NEGARA KELAS IIB SAMBAS Amirul Arifin; Hasiah; Zainal Amaluddin
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Law Number 22 of 2022 concerning Corrections emphasizes that inmate development is not limited to correctional institutions but can also be implemented in state detention centers. However, the implementation of correctional facilities at the Sambas Class IIB State Detention Center still faces various challenges, such as overcapacity, limited facilities, and a lack of structured rehabilitation programs. These conditions result in low rehabilitation effectiveness and a high inmate population. Therefore, this study aims to examine the implementation of inmate development at the Sambas Class IIB Detention Center from the perspective of Law Number 22 of 2022 concerning Corrections. The formulation of the problem in this study is: How is the implementation of Article 4 of Law Number 22 of 2022 concerning Corrections regarding the development of prisoners at the Sambas Class II B State Detention Center and what factors influence the development of prisoners at the Sambas Class II B State Detention Center. This research uses a qualitative method, a type of field research, namely research in the field aimed at obtaining information and describing events that occur in the field according to the facts found in the field, with an empirical juridical approach. Based on the research results and discussion above, the results indicate that the implementation of Article 4 of Law Number 22 of 2022 concerning Corrections at the Sambas Class IIB State Detention Center has been carried out, prioritizing the function of personality development and independence. Despite limited resources, implementation remains persuasive and collaborative. Factors such as overcrowding, understaffing, inadequate facilities, poor legal outreach, and the background of the inmates also influence the effectiveness of the rehabilitation.
HAK PILIH BAGI PENYANDANG DISABILITAS PADA PELAKSANAAN PEMILU TAHUN 2024(Studi Kasus TPS 003 Desa Semparuk Kecamatan Semparuk Kabupaten Sambas) GADIS RIZIKA; Nilhakim Nilhakim; Miswinda Miswinda
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

General elections are a form of people's sovereignty, but their implementation is often not fully inclusive. Although laws and regulations in Indonesia have ensured equal political rights for persons with disabilities, implementation on the ground still shows gaps. This phenomenon can be seen in the 2024 election in Semporuk Village, where a number of people with disabilities are unable to exercise their voting rights due to various obstacles. The formulation of the problem in this study is: 1) How to fulfill the right to vote for people with disabilities in the implementation of the 2024 Election in Semparuk Village, Semparuk District, Sambas Regency and 2) What are the obstacles faced in fulfilling political rights for people with disabilities in the implementation of the 2024 Election in Semparuk Village, Semparuk District, Sambas Regency. This study uses a type of qualitative research with an empirical juridical approach to examine the gap between the rule of law and practice in society. Primary data sources were obtained through in-depth interviews with people with disabilities, village officials, Voting Committees (PPS), and Voting Organizing Groups (KPPS), as well as through direct observation at polling stations. Secondary data comes from laws and regulations, books, and scientific journals. The results of the study show that the fulfillment of political rights for people with disabilities in Semparuk Village is only limited to procedural formalities and fails substantively. Their right to be registered in the DPT is indeed fulfilled, but in its implementation, they face serious obstacles such as access to polling stations that are not disability-friendly, the principle of vote confidentiality that is sacrificed due to incomplete tools, and the absence of accessible socialization. The main obstacle found is institutional (systemic), which is rooted in the failure of election organizers. These obstacles include inaccurate data on voters with disabilities, inadequate officer training, and the absence of a special budget for accessible polling stations. This constraint is exacerbated by sociological factors such as stigma in society and individual factors such as mobility barriers which are a direct impact of system failures.
FAKTOR FAKTOR PENGHAMBAT REALISASI PELAKSANAAN PEMUNGUTAN PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN (PBB-P2) DIKABUPATEN MANGGARAI(Studi kasus: Peraturan Daerah Kabupaten Manggarai Tentang APBD Tahun Anggaran 2021-2023) Stanislaus Defretin Parlan; Ferdinandus Ngau Lobo; Benediktus Peter Lay
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Rural and Urban Land and Building Tax (PBB-P2) is an important component of Local Own-Source Revenue (PAD), which plays a vital role in supporting development and public services at the local level. In Manggarai Regency, the realisation of PBB-P2 revenue often falls short of the targets set in the Manggarai Regency Regional Regulation on the 2021-2023 Fiscal Year Budget, indicating the existence of factors that hinder its collection. This study aims to identify and analyse in depth the inhibiting factors and to determine the efforts made by the Manggarai Regency Regional Revenue Agency in increasing Urban and Rural Land and Building Tax (PBB-P2) revenue. The type of research used is empirical legal research with a sociological juridical approach. The data used in this research is primary and secondary data, with the data collection technique being interviews and the data analysis method used in this research being qualitative descriptive analysis, which explains and describes the data obtained to provide answers to the problems. The results of the study show that the factors hindering the realisation of PBB-P2 tax collection in Manggarai Regency are, first, law enforcement related to the implementation of the 2021-2023 regional budget (APBD) regulations. Legal products are said to be effective if they have been applied and implemented. Second, the factor of taxpayer awareness and compliance. The level of taxpayer awareness of their obligation to pay PBB-P2 is still relatively low, which is exacerbated by a lack of effective socialisation and understanding of the benefits of taxes for regional development. The economic factors of taxpayers, where most of the community has an irregular income, also affect their ability to fulfil their tax obligations in a timely manner. Thirdly, the inaccuracy of tax object data, such as data on ownership and land/building area, as well as slow data updates, often cause discrepancies between field data and recorded data, leading to potential revenue losses. Fourthly, a factor that hinders the implementation of PBB-P2 collection is the lack of supporting facilities or infrastructure. In this case, the infrastructure referred to includes transportation facilities, office facilities, and data management systems. Fifth, the cultural factor of PBB-P2 tax collection is often seen as a burden, not as a contribution to regional development. In the local culture, there is an assumption that land wealth is jointly owned by the community, so they feel they should not have to pay tax on the land. In the process of collecting PBB-P2 taxes, the regional revenue agency conducts socialisation and updates the tax database. The research data shows that the realisation of PBB P2 collection is often not in line with the targets set in the Regional Regulation (Perda) on the Regional Revenue and Expenditure Budget for the 2021-2023 fiscal year. This discrepancy can be caused by various factors. The solution is that the Regional Revenue Agency must update tax object data regularly and accurately, which includes re-data collection, field verification, and data integration with related agencies. For the community, understand the benefits of land and building taxes and know that the PBB-P2 paid will return to the community in the form of development and public services.
PERLINDUNGAN HUKUM TERHADAP DIREKSI PERSEROAN TERBATAS TERTUTUP YANG DIBERHENTIKAN SEMENTARA BERDASARKAN SURAT KEPUTUSAN DEWAN KOMISARIS TERKAIT DENGAN PERBUATAN MELAWAN HUKUM Dara Adinda Tsuraya; Yurisa Martanti; M. Sudirman; Zainuddin
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 investigates the legitimacy and legal implications of the temporary dismissal of directors by the board of commissioners undertaken without adherence to the prescribed procedures, specifically the absence of an extraordinary general meeting of shareholders and the denial of the directors’ right to defend themselves. Pursuant to Law Number 40 of 2007 on Limited Liability Companies and Article 1365 of the Indonesian Civil Code, any dismissal conducted without lawful procedure entitles the directors concerned to institute legal proceedings before the court. A valid dismissal must be executed through an extraordinary general meeting of shareholders while safeguarding the directors’ right to present their defense, thereby ensuring the protection of their legal interests and determining whether the temporary dismissal should be upheld or annulled. The losses incurred as a consequence of such procedurally defective dismissals give rise to legal consequences in the form of claims based on procedural irregularities.
RESTORATIVE JUSTICE DITINJAU DARI PENEMUAN HUKUM SEBAGAI ALTERNATIF PENYELESAIAN TINDAK PIDANA Fakhrul Ardiyan; Irwan Triadi
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
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Abstract

The principle of law enforcement according to the 1945 Constitution (UUD) Republic of Indonesia means that Indonesia is a country based on the rule of law with an affirmation of people's sovereignty and government based on a constitutional system, and that citizens have equal standing before the law. Law enforcement is a reflection of the principle of the supremacy of law, which states that legal actions must be based on laws that do not conflict with applicable laws and regulations, as well as equality before the law, which states that everyone has the same status before the law and has the right to protection. The settlement of non-criminal cases through a restorative justice approach shows progress or a positive development in law enforcement. The concept of a restorative justice approach is one that tends to create justice and balance for perpetrators of criminal acts or restitution and compensation for victims. Indonesia is a country that adheres to a civil law system, which prioritizes positive law in the process of enforcing justice. The enforcement of justice is carried out by judges who make decisions on offenders based on applicable laws and regulations. However, the presence of restorative justice has brought about a shift in the application of conventional criminal proceedings in particular. If restorative justice is implemented in a manner that is inconsistent with the principles of positivism or legality, then this approach becomes ambiguous in its application in Indonesia. The rules governing the restorative justice approach represent a void in criminal law regulations. It should be noted that the emergence and implementation of the restorative justice approach is a matter of legal discovery or interpretation that has only recently come to light.
PERAN DOKTER FORENSIK DALAM MEMBANTU PENANGANAN PERKARA PIDANA Gunawan Widjaja; Muthia Rachman
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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Abstract

Handling criminal cases often requires assistance from other sciences. One of them is forensic medicine. This study aims to discuss the role of forensic doctors in assisting the settlement of a criminal case. This research is a normative legal research that prioritizes the use of primary legal materials with a qualitative approach. The discussion and analysis shows that there are many roles that can be performed by forensic doctors. This can be found in the recognition that has been given in various applicable laws and regulations.
PENERAPAN REHABILITASI DAN PENGOBATAN PASIEN NARKOTIKA DALAM PASAL 53 DAN PASAL 54 UNDANG- UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Krismanko Padang; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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Abstract

Article 54 of Law Number 35 of 2009 stipulates that Narcotics addicts and victims of Narcotics abuse are required to undergo medical rehabilitation and social rehabilitation. This regulation is categorized as a “special” regulation that deviates from the general criminal system prevailing in Indonesia. It is called "special" because it applies a double track criminal system, namely a criminal system that produces two types of sanctions: criminal and action. In this case, all court institutions in Indonesia are required to provide action sanctions, namely the rehabilitation of all Narcotics abusers and dealers sentenced to imprisonment or the death penalty. Rehabilitation is regulated in CHAPTER IX of Law Number 35 of 2009. Rehabilitation is divided into two, namely Medical Rehabilitation and Social Rehabilitation. Article 53 concerning Treatment is stated in paragraphs (1) to (3) regarding the ability of patients who are being rehabilitated to store, carry, and use Narcotics Category II or Category III at the request of a doctor and medical indications. Moving on from the regulation, the author will elaborate with the juridical- normative study method and descriptive-analysis from primary and secondary legal sources. The problem of the study that will be resolved is to what extent these regulations can be applied by doctors and what conditions must be met? Does the regulation not conflict with other laws and regulations? How effective is the method based on medical research? Through these questions, the author analyzes the main issues that arise in the material of Article 54 Number 35 of 2009 concerning Narcotics.
PENERAPAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 (PENYALAHGUNAAN NARKOTIKA DIKALANGAN PELAJAR) Ahmad Arif; Rumainur Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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Abstract

Narcotics abuse against children or students is a criminal act or is in a very dangerous category so that handling in law enforcement must be more careful and thorough so that preventive efforts and prosecutions are effective. Law and enforcement against narcotics crime in Indonesia according to the law number 35 of 2009 concerning narcotics, how top protect children the misuse of drugs seen from the social aspect and the positive legal functioning of the state brings very good effects for the protection of the threat of development and growth of the nation’s generation. Narcotics are not pests that are harmful to the human body but are capable of killing human civilization together. So that in law enforcement against narcotics crimes, according to the narcotics law, criminal sanctions will be imposed, fines, life imprisonment and other sanctions. The system of association and the level of understanding and awareness of the substance of narcotics.
PENEGAKAN HUKUM PIDANATERHADAP KORBAN PECANDU NARKOBA DI INDONESIA Rustandi Senjaya
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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Abstract

The government's criminal policy on the issuance of the drug-related law no. 35 of 2009 especially for drug addicts needs to be implemented according to the constitutional mandate. That the government has an obligation to protect the homeland and its citizens from any form of threat. Including the threat of the dangers of drugs, which are consciously and deliberately spread among the community, especially the younger generation as the nation's successor. Currently, drug users are suspected of reaching 5.1 million, or even more. Because the number of drug users is like an iceberg (ice berg) and experiencing dark numbers (dark numbers). It is hoped that the criminal policy of the issuance of this law will be able to overcome or at least reduce the number of drug users, one of which is creating new breakthroughs by decriminalizing drug users without having to get prison sanctions. As mentioned that the guarantee of legal protection given to narcotics addicts is regulated by Law no. 35 of 2009 concerning Narcotics by providing both medical and social rehabilitation as stated in Article 54 of the Narcotics Law. Namely that "narcotics addicts and addicts of narcotics abuse are obliged to undergo medical rehabilitation and social rehabilitation".

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