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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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PERLINDUNGAN HUKUM BAGI KAUM DISABILITAS DALAM PEMILU DI INDONESIA Arie Sulistyoko; Bahran, Fauziyah Hayati, Hayatun Na’imah, Anwar Hafidzi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Like humans in general, people with disabilities also have rights in life, one of which is the right to vote. People with disabilities can also vote or participate in elections, like humans in general, people with disabilities are also entitled to get election socialization, special data collection, special polling stations, special ballots, and also have the right to get a companion. Problems begin to arise when there is no protection for people with disabilities related to secret ballots. The second is how the government's efforts to fulfill political rights for people with disabilities. The purpose of this research is to find out about legal protection for people with disabilities related to secret ballots and to find out the views of positive law and Islamic law on political rights for people with disabilities. This research is normative juridical legal research using conceptual approaches and statutory approaches. The results of this study found that the government is obliged to provide legal protection for people with disabilities in elections. The government is obliged to provide different facilities for people with disabilities related to secret ballots. Islam does not differentiate them among other humans. Because what distinguishes them is only the level of piety to God Almighty. Islam is very concerned about their rights and obligations. Legislation also regulates the protection of people with disabilities in their political rights, such as Article 28D paragraph (1) of the 1945 Constitution, Article 4 paragraph (1) of Law 8/2016 and Article 43 of Law Number 39 of 1999 concerning Human Rights.
PERANAN FILSAFAT HUKUM DALAM MEWUJUDKAN KEADILAN Muh. Rizal R. Dekol; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This paper intends to deepen the study of the role of Legal Philosophy in realizing justice. However, if there is a question of fairness, it cannot be determined what steps are used to determine whether something is fair or not. Various answers about justice are usually never or rarely satisfactory, so they continue to be debated, so it can be concluded that various formulations of justice are relative statements. This problem ultimately encourages many people to take shortcuts by leaving the formulation or justice to legislators and judges who will formulate it based on their own considerations.
THE ROLE OF LEGAL PHILOSOPHYIN BUILDING THE MORAL OF THE NATION'S CHILDREN Tri Madya Wianto; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Philosophy of law in the science of law is the culmination of the legal structure itself, in making legal instruments, these instruments must protect the entire Indonesian nation with the aim of underlying the moral development of the nation's children, because of the importance of morality in the life of society, nation and state in an effort to establish unity and unity. Indonesian nation. Therefore, legal philosophy expressly provides fundamental views on law, with the aim of building the morale of the nation's children so that in the future they become ethical, moral office holders and uphold the law in its implementation. In this writing, the writer uses the Theory of Justice and Human Law.
TINDAK PIDANA NARKOBA DALAM PERSPEKTIF HUKUM POSITIF INDONESIA (STUDI KASUS PENYELUNDUPAN NARKOBA KE LAPAS NUSAKAMBANGAN) Yusuf Setyadi; Wahyu Wibowo
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Talking about narcotics crimes, we are always faced with the existing reality, where crimes are committed individually to involve certain groups in a community from the lower class to the upper middle class society and even to involve law enforcement officers. Drug smuggling and distribution is not only around the community, but also even in prisons and detention centers. For example, in 2012, seven Nusakambangan prisoners were proven to be the masterminds of the distribution of 3.9 kilograms of narcotics, and several other cases. This study aims to analyze the causes and prevention of narcotics crimes based on Indonesian positive law. This research method is a normative method that is useful for finding and formulating legal arguments through analysis of the subject matter. As a result, the lack of control or supervision from prison officers over drug trafficking in prisons or detention centers causes an increase in drug trafficking. Therefore, the prevention and control of narcotics abuse must be pursued as much as possible from various parties.
PENEGAKAN PELANGGARAN HAK ASASI MANUSIA (HAM) BERAT DALAM POLITIK HUKUM DI INDONESIA: STUDI KASUS TIMOR TIMUR Yusuf Setyadi; Ozi Saputra
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The essence of Human Rights (HAM) is an effort to maintain the safety of human existence as a whole through a balance between individual interests and public interests. One of the cases of gross human rights violations in Indonesia is the case in East Timor, which has prompted the international community to establish an international tribunal for the perpetrators. The urge for an international tribunal, especially for the gross human rights violations that occurred in East Timor, is getting stronger and even the UN High Commission has issued a provision to disclose the possibility of serious human rights violations in East Timor. The purpose of this study is to examine the enforcement of human rights violations in East Timor in Indonesian political law. The results of this study indicate that in the East Timor case, many of the defendants became the constitution or laws as legal shields. On the other hand, the slow and even delayed judicial process was the result of factors and the legal system that was not developed seriously, thus proving that at that time the government worked not based on awareness, but because of the strengthening or weakening of public pressure.
ANALISIS PELAKSANAAN KEBIJAKAN SATUAN TUGAS PENANGANAN COVID-19 MENGENAI PENERBITAN SURAT EDARAN (SE) NOMOR 11 TAHUN 2022 TENTANG KETENTUAN PERJALANAN ORANG DALAM NEGERI PADA MASA PANDEMI CORONAVIRUS DISEASE 2019 (COVID-19) Gunawan Widjaja; Retnaningtyas Insyira, Anggia Az Zahra, Nadila Citra Aprilia, Chairunnissa, Muhammad Rayyan Firdaus,
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Covid-19, since it was first discovered in 2019, is considered a very dangerous infectious disease. So much so that almost all countries had banned travel. In 2022, the Covid-19 Handling Task Force led by the Head of the NATIONAL DISASTER MANAGEMENT AGENCY (BNPB) issued Circular Letter (SE) No. 11 of 2022 regarding Travel Provisions for Domestic People during the Covid- 19 Pandemic. This research was conducted to examine the implementation of the policies outlined in the SE. This research is empirical by taking a sample of 50 people who, after the issuance of the SE, traveled domestically. A list of questions was created and submitted in the form of a google-form, to be filled in by volunteers who had traveled domestically after the issuance of the SE. The results of the research and analysis showed that the people who were asked for their opinions showed compliance with the SE and did not cause Covid-19 transmission.
FILSAFAT ISLAM NUSANTARA DAN MANIFESTASI KEARIFAN LOKAL Andre Saputra; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 1 No. 3 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Islam Nusantara is a model of thinking, understanding and practicing Islamic teachings packaged through considerations of culture or traditions that developed in the Southeast Asian region (but this study is limited to Indonesia). Thus reflecting a methodological nuanced Islamic identity. When this identity was socialized among Muslims, especially its thoughts, it was responded with controversial responses: there were those who rejected the Nusantara Islamic identity because there was only one Islam, namely Islam taught by the Prophet. On the other hand, many Islamic thinkers accept the archipelago's Islamic identity. For them, there is only one Islam that is substantively correct, but its expressions are very diverse, including Islam Nusantara. This Islam is displayed (thought, understood and practiced) through a cultural approach. The result gave birth to models of thought, understanding and practice of Islamic teachings that are friendly, moderate, inclusive, tolerant, peace-loving, harmonious and respect diversity. This kind of Islamic diversity occurs because of the encounter of Islam with local culture, especially Java, which is commonly called cultural acculturation. Indonesian Islam should be an example of such a way of Islam. This soothing Islamic model needs to be published internationally and is expected to be able to abort the world's perception that Islam is full of violence.
IMPLEMENTASI NILAI-NILAI FILSAFAT HUKUM DALAM PEMBENTUKAN HUKUM DI INDONESIA Almusradin Adha; Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 3 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Legal philosophy in Indonesia has the biggest role in the formation of law in Indonesia. Pancasila as a source of law implies the entirety of regulations and laws, starting from our constitution and all regulations apart from our constitution, of course, placing Pancasila as the basis and foundation of the law. Pancasila is the Indonesian legal system. Therefore, Pancasila is not only known as a philosophy but also known as written law in Indonesia which contains living laws. The problem is how big is the role of Legal Philosophy in influencing the formation of the legal system in Indonesia. This question must be very important to answer. The author tries to examine this problem with normative law in the legal method. The approach taken by the author is taken from several books that contain related problems.
HUBUNGAN FILSAFAT ILMU DENGAN FILSAFAT HUKUM DAN DAMPAK KEMAJUAN TEKNOLOGI INFORMASI Musa Musa; Surajiman Surajiman
JOURNAL OF LAW AND NATION Vol. 1 No. 3 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

On the one hand, the philosophy of science can be used as a basis for making legal theory. In this case, legal theory is deliberately designed to be more applicable and able to answer questions of justice in society. Philosophy of science can be the basis for contemplation or thinking strictly, in depth about considering the values behind legal phenomena as can be observed by human senses regarding human actions and social habits. Considering that the object of the philosophy of science is knowledge, the problems or questions discussed by the philosophy of science are related to the benefits of knowledge itself.
PENEGAKAN HUKUM DALAM PUTUSAN HAKIM UNTUK PERKARA YANG MENIMPA MASYARAKAT KECIL Paramitha Ariana; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 3 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Along with the development of science and technology from time to time of civilization, humans also experienced changes, and then new problems arose, of course, all of which needed more progressive legal rules to provide balance to these social changes. Nowadays there are often legal cases that refer to "Sharp at the Bottom, Blunt at the Top". To provide a view that often occurs in society, the role of law enforcement is needed to uphold legal certainty and justice, with the intention that the law can apply as fairly as possible to all circles of the Indonesian people.

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