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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 254 Documents
PERLINDUNGAN HUKUM BAGI PENYIDIK POLRI DALAM PENGUNGKAPAN TINDAK PIDANA NARKOTIKA DENGAN MENGGUNAKAN TEKNIK PEMBELIAN TERSELUBUNG Kumbul Kusdwidjanto Sudjadi; Surajiman
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

In disclosing narcotics crime cases, Polri investigators have various techniques and one of them is to carry out investigative actions with the technique of buying narcotics in disguise (undercover buy). This is also regulated in Article 75 letter (j) of Law Number 35 of 2009 concerning narcotics which states that in the context of conducting an investigation, investigators are given the authority to carry out covert purchase investigation techniques and delivery under supervision. This covert buying technique allows investigators to directly enter the narcotics distribution network and investigators can play a role as part of the narcotics distribution network. In practice, this hidden buying technique must be done carefully, because it is risky and can endanger the life safety of investigators who go undercover, and even threaten their families. The approach used in this study is an empirical juridical approach. The data used are secondary data and primary data. All data and materials obtained from the research results were compiled and analyzed qualitatively, and presented in a qualitative descriptive form. From the results of the research and discussion, it was concluded that Polri investigators in carrying out covert purchasing techniques in an effort to eradicate narcotics crimes basically received legal protection from the state through the provisions contained in Law Number 35 of 2009 concerning Narcotics. In addition, protection for the implementation of covert purchasing techniques is also basically protected by Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) and Law Number 2 of 2002 concerning the Indonesian National Police. In the implementation of covert purchasing techniques for the disclosure of narcotics crime cases, of course it is not easy and many obstacles and obstacles are faced, both internally and externally. Internally, starting from the inadequate capabilities and skills of human resources, budget support is not fully supported, facilities and infrastructure are not supported, to the methods used in the implementation of covert purchases are not carried out optimally and leaks often occur. Meanwhile externally, such as the existence of legal regulations that require arresting witnesses, in this case Polri investigators, to be present at court hearings, community participation that is pessimistic, ignorant, does not dare to report, there is terror against the families of Polri investigators and also leaks in the implementation of activities due to networks and support. a stronger budget for narcotics crime network syndicates in Indonesia.
MEMBANGUN LEMBAGA KEBERATAN PAJAK INDEPENDEN DAN ADIL Wahyudi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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The objection agency should be present to resolve tax disputes based on the spirit and spirit of kinship, by means of deliberation to reach consensus. However, the spirit of kinship and mutual cooperation, the principle of harmony, the way of deliberation and the atmosphere of peace, harmony, and peace are still far from what was expected. The legal culture in tax disputes that is not in accordance with the noble values in Pancasila causes tax disputes both in quantity and quality to increase sharply every year. Of the various alternative solutions to build a more independent and fair objection agency, the author chose the second alternative, namely placing the Objection Institution in a separate echelon 2 unit at the Directorate General of Taxes. This Objection Institution unit can be expanded by adding a vertical unit that handles objection disputes in each DGT regional office, but is structurally responsible to the echelon 2 unit of the Objection Agency, not to the head of the regional office. Thus, it is hoped that the Objection Institution will become more independent and fair in examining and deciding tax disputes, so that public confidence in the management of tax revenues by the Directorate General of Taxes will increase.
PERAN STRATEGIS PAJAK MEWUJUDKAN KEADILAN SOSIAL Wahyudi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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In the current era of digitalization, the function of kinship and mutual cooperation in building the nation and state is no longer carried out physically, so taxes are the main manifestation of commitment to the nation and state. In the Pancasila Democracy system, our common goal as a nation and state has been determined in the fifth sile, namely Social Justice for the All Indonesian Nation. To realize social justice, of course, it is necessary to develop economic, political, social, cultural, security and so on. From the perspective of economic development, taxes place themselves in a strategic role because taxes are a source of state revenue that contribute or contribute at least 80% of the total APBN (State Revenue and Expenditure Budget) each year.
TINDAK PIDANA NARKOTIKA TERHADAP ANAK DIBAWAH UMUR Ozi Saputra; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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In the juvenile criminal justice system in Indonesia, children as narcotics abusers undergo a criminal justice process. As a vulnerable party in the criminal justice process, even though they are undergoing a judicial process, children must still receive protection. The purpose of this research is to find out the form of protection and what factors are the barriers to legal protection for children as narcotics abusers in the criminal justice system, as a discourse that will be discussed in this study. The method used is normative legal research method, namely reciprocal research between legal norms and social facts. The results of this study indicate that in the perspective of Law No. 35 of 2009 concerning Narcotics, it is not specifically regulated regarding children as perpetrators of narcotics abuse. Through diversion, children who abuse narcotics get protection. The form of diversion of children as narcotics abusers is possible by handing them back to their parents/guardians or participating in education and training and community services.
TINDAKAN PIDANA MATI TERHADAP HAK ASASI MANUSIA (ANALISIS PADA TERDAKWA KASUS NARKOTIKA DI INDONESIA) Rizky Yudi Pradipta; Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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In 2010 the General Assembly of the United Nations (UN) voted for 109 countries to approve the death penalty. Still, 41 countries did not agree based on the decision, one of which was Indonesia. To break the narcotics network in Indonesia, the application of severe punishment in the form of the death penalty is carried out as a preventive measure. The State of Indonesia established these rules in the 1945 Constitution, which is the legal basis for implementing state life and the welfare of the Indonesian people. However, implementing the death penalty contains different views from various groups. These factors include law enforcers who are not firm and social conditions that do not support and involve human rights. This study will use the method of normative juridical that researchers will analyze based on secondary data, which includes books, previous research, and news. The data analysis technique in this study is called "library research" or normative juridical, namely through data processing, systematization, and interpretation of the qualitative analysis. The findings of this study are that the death penalty does not affect human rights (HAM), and the application of the death penalty in Indonesia must follow the decision of the Constitutional Court or based on court decisions. In undergoing a court decision, the defendant still has the opportunity to obtain clemency (pardon) which is the right of every perpetrator of the death penalty.
TINJAUAN PUSTAKA MENGENAI PENCEGAHAN DAN PEMBERANTASAN PERDAGANGAN NARKOBA DI INDONESIA Syahar Ganji; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
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Many countries, including Indonesia, are concerned about increasing drug trafficking. Currently, Indonesia is in an “Emergency on Drugs Trafficking” situation. Various efforts to overcome and prevent the rampant circulation of drugs have been made to save the younger generation. Drug crimes that have spread need to be eradicated because drug trafficking has occurred nationally and has even crossed international boundaries. The purpose of this study is to identify and analyze the actions needed to prevent and overcome drug trafficking. Then, to find a final solution in dealing with obstacles that arise in the prevention and eradication of drug trafficking in Indonesia. This study uses a normative juridical approach that examines theories, concepts, legal principles, and applicable laws and regulations. In addition, it also uses an empirical approach as a supporting study to obtain more factual data. In conclusion, illicit drug trafficking has become a national and international social issue and has even become a legal issue in society. Certain legal actions are needed to prevent and resolve drug trafficking in Indonesia, one of which is through legislation. Law Number 35 of 2009 concerning Drugs is the legal basis for the prevention and eradication of drug trafficking in Indonesia. Limitation of research that focuses on the improvement and prevention of drugs must be supported by all parties from the family, community and government. and national cases that are difficult to solve considering that the network is hidden and requires special expertise where national and international cooperation is needed so that drug trafficking can be tackled quickly.
PRACTICE OF BUYING AND SELLING IN AREAS PROHIBITED IN THE PERSPECTIVE OF ISLAMIC LAW Yuniartik Yuniartik
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
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Regional Government of Sambas Regency has arrange problem Street Vendors (PKL). In Sambas Regency Regional Regulation Number 7 of 2006 concerning “Public Order”. Perda this arrange in a manner general related controlling street vendors as well facilitate it with provide land special for trade. Though with various facility place reserved, still many offending merchant rule with sell in places “Prohibited Selling”, one of them namely in the area of Jalan Hasan Saleh, Sambas Regency. This study aims to determine how practice sell buy in a prohibited area selling for Street Vendors (PKL) by the Regional Government of Sambas Regency. Study this use method study field (field research), namely with plunge live to field for get data from parties related like street vendors, good pedestrians ever shop to street vendors, as well officer from the Department of Order as authorized party. Study this use approach juridical and normative that is use rules fiqh and law positive related with the problem under study. Based on results study that sell buy done Street vendors (PKL) on Jalan Hasan Saleh are legitimate in a manner terms and conditions sell buy in Islam. However in in practice, the street vendors selling in locations that do not allowed as the place trade. The consequences of the actions taken can bring harm to sidewalk road users and deny the public good that should be achieved from the regulations that have been formed. This is not in accordance with existing fiqh rules and violates applicable legal regulations. In addition, the practice of street vendors is not based on muamalat principles and principles, namely the principle of prioritizing obligations over rights, the principle of protecting rights, the principle of upholding the values of justice, avoiding elements of persecution and taking advantage of opportunities in adversity. Therefore, the practice of street vendors in the Hasan Saleh street area is classified as a form of work that violates the law, even though the validity of the contract does not cancel the sale and purchase agreement that occurred.
SETTLEMENT OF LAND RIGHTS CERTIFICATE CANCELLATION BASED ON IMPLEMENTATION OF COURT DECISIONS WHICH HAVE PERMANENT LEGAL ENFORCEMENT Angela Merici Intan Permatasari
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
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To achieve legal certainty and legal protection of land rights, a certificate of land rights is given as proof of a person's ownership of a land and its buildings. Certificates are strong evidence, but are not absolute, meaning that at any time they can be sued by other parties through the courts, as long as it can be proven otherwise the physical data and juridical data contained therein must be accepted as correct data. The cancellation of this certificate occurs because of a defect in administrative law in its issuance, or carrying out a court decision that has permanent legal force. This cancellation aims to provide legal certainty regarding the control, ownership, useand utilization of land in Indonesia. The purpose of this study is to analyze the juridical settlement of the implementation of the cancellation of land rights certificates based on the implementation of court decisions that have permanent legal force and to examine andanalyze the obstacles and solutions in implementing court decisions that have permanent legal force. This type of research is empirical legal research. The location of the research was conducted at the Land Office of Klaten Regency. The sampling technique used is the purposive sampling. Data collection techniques in this research are literature study and interviews. The results of this study are the implementation of the cancellation of a certificate that already has legal force is still carried out in accordance with the regulations that were then in effect. There were several obstacles, both from the directapplicant and from the Klaten Regency Land Office.
PEMAHAMAN DAN LEGALITAS UCAPAN TALAK OLEH MASYARAKAT BANJAR DAN MENURUT KITABUN NIKAH SYAIKH ARSYAD AL-BANJARI Sarmiji Sarmiji; M. Hanafiah, Inawati Mohammad Jainie Jarajap, Anwar Hafidzi, Abdul Hamid Karim
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
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Divorce in marriage is the untying of the knot that binds husband and wife in order to break and terminate their connection. However, divorce in practice contains a concept that may not be consistent with the rules of the Qur'an and Sunnah. This work employs an empirical research approach (Field research) or seeks sources of research data by conducting direct interviews with informants in the field linked to the subject under investigation. The findings of this study indicate that the Banjar community's understanding of divorce utterances is based on the meanings contained in the pronunciations spoken by husbands to their wives, namely the meanings of divorces, which are primarily based on the Syafi'iyyah school of thought and are consistent with the kitabun nikah written by Shaykh Arsyad al-Banjari about the many pronunciations and fall of divorce.
BASMALAH DALAM SURAH AL-FATIHAH VERSI QIRAAT SAB’AH DAN IMPLIKASINYA TERHADAP HUKUM 4 MAZHAB Maskanah Maskanah
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
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All the companions of the Prophet agreed to write Basmalah at the beginning of the holy verses of the Qur'an. They agreed that the sentence Basmalah contained in the letter An-Naml is one of the verses of the letter. However, they have different opinions about the basmalah written at the beginning of the sura, including at the beginning of sura al fatihah. This research aims to find out the basmalah in the qiraat sab'ah version of surah al-Fatihah and its implications for the laws of the 4 schools of thought. The focus of this research is what is qiraat sab'ah? how about the basmalah in the qiraat sab'ah version of surah al-Fatihah? What are the implications of Basmalah in the qiraat sab'ah version of surah al fatihah on the laws of the 4 mazhab of thought? This research is a qualitative research using a library research approach. In exploring legal istimbath related to this research using content analysis techniques. The results of this study are that Imam Malik believes that Basmalah is not part of surah Al-Fatihah, and therefore it is not read when reading Al-Fatihah in prayer. The Hanafi school of thought and the Hanbali school of thought are of the opinion that Basmalah is recited in prayer when reading surah Al- Fatihah but not aloud. This means that those who follow the readings of Ahlu Medina, Basra and Syam, namely Imam Nafi', Ibn Amir and Abu 'Amr, reading Basmalah are not included in the Fatihah surah. Imam Syafi'i believes that Basmalah is the first verse of surah Al-Fatihah, so basmalah must be read when reading sura Al-Fatihah. This means who follows the readings of the Meccan and Kufah qiraat experts, namely Imam Ibn Katsir, Imam 'Ahim, Imam Kisa'i and Imam Hamza Basmalah included in surah Al-Fatihah.

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