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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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IMPLEMENTASI FATWA DSN MUI NO 75 TAHUN 2009 TENTANG PENJUALAN LANGSUNG BERJENJANG SYARIAHDI PT. MOMENT GLOBAL INTERNASIONAL Joni Hendra
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The writing of this thesis is based on the existence of a Multilevel Marketing business that has received a certificate from the National Sharia Board of the Indonesian Ulema Council (DSN-MUI), or also known as Sharia Tiered Direct Selling (PLBS). One of the MLMs that has received a certificate from the DSN-MUI is PT. Momen Global Internasional headquartered in Surabaya, assisted by branch offices in Jakarta and Makassar. This research uses qualitative research in the form of case studies. The approach used in this research is a case study. The method used by the author, namely the primary data source obtained from interviews from several parties of PT. Momen Global Internasional; a manager, a leader and a member. Secondary data sources in this study are more directed at supporting data such as DSN-MUI fatwas, journals, related books, and others. The results of this study state that: First, PT. Moment Global International is a Syariah Multilevel Marketing Company that sells nutrition supplement and health products , it has received a certificate from The Indonesian Ulema Council (MUI) The Motto is used in marketing their products are use it (Comsumtion),Love it (feeling the benefits) share it (telling the story )which the results will be profit ,none of which violates syariah in products sales ,giving bonuses or commissions to members has followed the guidelines in the DSN-MUI number 75 of 2009 concerning about Syariah tiered direct sales. Second, Overall, the practices that occur in PT. Momen Global Internasional are in accordance with the provisions of the DSN-MUI fatwa. Especially the 12 points that have been formulated by the DSN-MUI regarding the PLBS guidelines. The transaction contract of PT. Momen Global Internasional are bay’ contracts, wakalah bil ujrah contracts and ju'alah contracts. All contracts are in accordance with what has been formulated by DSN- MUI.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PEMERKOSAAN BERDASARKAN UU NOMOR 17 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UU NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Nabilla Karnia Soraya; Diah Ratu Sari
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Legal protection for children, especially those who have experienced sexual violence often occurs lately, and the most severe crime of sexual violence that is currently not only done by adults but also by children. Also carried out by children. With the formulation of the problem: (1) What are the legal protection efforts for children who are victims of the crime of rape in the legislation? (2) How is the implementation of legal protection for children who are victims of rape in Indonesia? (3) What is the expected legal protection for child victims of rape in the future? By using a normative legal research method, the results obtained (1) In accordance with the applicable law. Legal protection for child victims of rape states that a child who is a victim of a crime has the right to receive rehabilitation from the government both physically and mentally, spiritually and socially, in addition to Therefore, his privacy must be protected, his good name is protected and maintained, his safety as a witness to the victim is the responsibility of the government, and the child who is the victim has the right to always know the progress of the case he is facing. (2) There are still some law enforcement officers who do not treat the victims in this case with a female perspective. The handling of sexual violence cases is also too long because they have to follow legal procedures which make victims reluctant to face the law, which is a very tiring process. (3) Coordination with the police must be carried out, so that the police immediately seek assistance from the institution concerned when they receive a report of an act of rape. Based on the research conducted, the authors suggest that the provisions regarding compensation for victims should also be included in the legislation in force in Indonesia, so that in cases of criminal acts of sexual violence, the judge not only imposes criminal sanctions on the perpetrators, but also decides on the compensation obtained. By the victim. Compensation given to victims is not only to compensate for the losses they have suffered but also as a manifestation of the highest legal ideals in Indonesia, namely Pancasila, the 5th precept of justice for all Indonesian people.
KEPASTIAN HUKUM TERHADAP JAMINAN MUTU PANGAN Hasmauna Hasmauna; Basuki Rekso Wibowo
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Food is one of the main aspects in fulfilling basic human needs which requires clarity and legal certainty regarding its quality and safety. This research aims to analyze legal certainty regarding food quality assurance with a focus on regulations and implementation in Indonesia. A qualitative approach was used by conducting literature studies and policy analysis related to food regulations in Indonesia. The research results show that regulations related to food quality in Indonesia have experienced significant developments, especially through Law Number 18 of 2012 concerning Food. However, consistent and effective implementation is still the main challenge faced in ensuring food safety for consumers. Even though there are responsible food control institutions, such as the Food and Drug Supervisory Agency (Badan POM), weaknesses are still found in supervision which tends to be inconsistent and less strict. Apart from that, the lack of cooperation between the government, the food industry and the community also makes it difficult to implement regulations properly. This research recommends the need to increase the capacity of supervisory institutions, stricter law enforcement against food quality violations, and increase public awareness of the importance of complying with food quality standards. Through these steps, it is hoped that legal certainty regarding food quality assurance in Indonesia can be improved, so that people can consume safe, healthy and quality food in accordance with established standards.
MENGKAJI FENOMENA PERNIKAHAN SEDARAH BERDASARKAN PANDANGAN HUKUM ISLAM, UNDANG- UNDANG DAN SAINS (ILMU KESEHATAN) Rohman Muzadi; Surya Adi Jaya; Yosie Nurwida Sari
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Cousin marriage is a marriage that occurs between a man and a woman who still have very close blood relations in their family lineage, whether through legitimate or illegitimate birth, or through marriage, even involving siblings, whether legitimate or illegitimate. This type of marriage is considered taboo in most societies. Furthermore, it is prohibited from a religious, legal, and scientific (health) perspective. The prohibition is not without reason, as cousin marriage is known to pose various health risks, especially for their offspring. The prohibition of cousin marriage is stipulated in the Marriage Law, Article 8, Number 1 of 1974, as well as in the Quran, Surah An-Nisa, Verse 23, and is supported by data and research in the field of health.
KEBIJAKAN TINDAK PIDANA PADA KEJAHATAN NARKOTIKA DI INDONESIA Puput Dedi Kurniawan; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Law No.22 of 1997 concerning narcotics states that narcotics are subtances or drugs derived from plants or non-plants,either synthetic or semi-synthetic,which can cause a decrease or change in consciousness,loss of taste,recudeor eliminate pain,and can cause dependence.According to the ministry of health of the republic of Indonesia,drugs are an abbreviation for narcotics,psychotropics and addictive subtances.All of these terms,whether narcoticsor drug use,refer toa group of subtances that generally pose a risk of addiction for their users.As time goes by,someone who was initially unfamiliar with narcotics turn into an addict who finds it difficult to get rid of his addiction.Rehabilitation of narcotics addicts is also a form of social protection that integrates narcotics ddicts into social order so that they no longer abuse narcotics.Narcotics crime is a very complex problem that requires comprehensive mitigation efforts involving multi-disciplinary ,multi-sector coorperation and active community participation which is carried out consistently ,consistently and consistently.The purpose of this research is to find out penal and non-penal policies in dealing with narcotics crimes at this time and the problem discussed is what the criminal policies for narcotics crime are in the country Indonesia.Penal policy is to overcome crimes committed by implementing criminal law in society,while non-policing penal means dealing with crime without using criminal law namely by influencing people’s views about crime through mass media and countermeasures without punishment
PERLINDUNGAN HUKUM TERHADAP KORBAN PELECEHAN SEKSUAL Putri Widia Ningsih; Gadis Prasiska Sembiring, Reh Bungana Beru Perangin-angin, Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Sexual harassment is an act that is detrimental and damages a person's dignity, and can occur in various places and situations, whether in the family, workplace or in public places. Legal protection for victims of sexual harassment is very important to maintain the security and welfare of society. This research aims to determine the legal protection provided to victims of sexual harassment in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach. The research results show that legal protection for victims of sexual harassment is regulated in Article 5 and Article 6 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. Apart from that, the establishment of victim protection institutions and increasing legal sanctions are also effective ways to provide legal protection for victims of sexual harassment.
ANALISIS YURIDIS TANGGUNG JAWAB PELATIHAN PEKERJA SWASTA KAJIAN PERBANDINGAN UU NO.13 TAHUN 2003 TENTANG KETENAGAKERJAAN DENGAN UU NO.11TAHUN 2020 TENTANG CIPTA KERJA Fahruji Hi Jamal; Rumainur
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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Juridical Analysis of Private Worker Training Responsibilities Comparative Study of Law no. 13 of 2003 concerning Employment With Law no. 11 of 2020 concerning Job Creation. The formulation of the problem in this research is: (1) What are the provisions that train private workers in Indonesia? (2) What are the Responsibilities and Obstacles of Implementing Private Worker Training Comparative Study of Law No. 13 of 2003 concerning Manpower and Law No. 11 of 2020 concerning Job Creation.? (3) How Should Private Workers in Indonesia be Trained in the Future Mass?. In this sentence using normative research methods. From the results of research, discussion and analysis it can be concluded that: That the comparison of Law. No. 11 of 2020 concerning Job Creation with the Manpower Law, which then contains several substances that change and delete the substance contained in the Manpower Law. work including regarding government training institutions as referred to in paragraph (1) letter a in organizing job training can cooperate with the private sector. As for the author's suggestion that local governments should prioritize Vocational Training Centers as a forum for handling unemployment rates in all private agencies throughout Indonesia especially in manufacturing companies
ANALISIS YURIDIS TINDAK PIDANA PENCABULAN TERHADAP ANAK DI BAWAH UMUR (PUTUSAN PIDANA PURWOREJO NOMOR 57/PID.SUS/2022/PN.PWR) Aji Benny Wicaksono; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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This scientific work aims to finddout what the legalppolicy is for perpetrators of criminal acts of molestation against minors, how the law is applied to perpetratorsdof criminaldacts of molestation againstdminors, and what the criminal responsibility for perpetrators of molestation of minors is in the Purworejo Criminal Decision case. Number 57/Pid.Sus/2022/PN.Pwr. The researchdmethodiused in this research is a normativeijuridical research method soait canabe concluded asafollows: 1. Legal policy is divided into two, namely panel legal policy and non-panel legal policy. 2 Theaapplication ofathe law forathe criminal act of molesting minors is regulatedain the CriminalaCode Articlesa289 toa296, to provide sanctions for perpetrators of criminal actsaof molestingiminors, namelyiby providing inaaccordanceaiwith Law no. 23 of 2002aconcerning ChildaProtection, includingathe provision of prison sentences andafines. 3. The person responsible for the defendant in the case of Purworejo Criminal Decision Number 57/Pid.Sus/2022/PN.Pwr, namely the defendant was foundaguilty becauseahe was provenato have committed an act of sexual immorality against a minor The defendant wasasentenced toaimprisonment for 8 (eight) yearsaand aafine of idr. 60,000,000,- (sixty millionarupiah) withathe provisionathat ifanot replacedaby imprisonmentafor 6 (six)amonths
ANALISIS PEMIDANAAN TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA DALAM PERSPEKTIF PSIKOLOGI KRIMINAL Yulia Utami; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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This study aims to determine the efforts in preventing children from becoming drug dealers and to understand the role of criminal psychology as a benchmark in imposing penalties on children. The research method used in this study is empirical, which focuses on empirical facts derived from human behavior, including verbal behavior obtained from interviews and actual behavior observed through direct observation. The results of this research show that the sentencing of children involved in drug trafficking. Judges make decisions based on sentencing theory, particularly the combined theory, where judges impose prison sentences as a deterrent and provide vocational training as a rehabilitative aspect. However, economic reasons consistently serve as a shield in mitigating sentences for children. In criminological theory, criminal actions do not exist in isolation, which is why criminal psychology plays a crucial role in balancing the imposition of penalties on children
PERLINDUNGAN HUKUM BAGI ANAK KORBAN KEKERASAN SEKSUAL Pruntus Sudarmaji; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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This research aims to examine legal protection for children who are victims of sexual violence. The research method in this research uses a literature study approach, focusing on theoretical studies, references, scientific literature, as well as reference books and similar research results. Qualitative analysis will be carried out to understand the relationship between theory and practice of the role of law in investigating revealed cases of children as accident victims. The results of this research show that legal protection for children who are victims of sexual crimes involves various forms of assistance such as legal aid, rehabilitation, health services and social security according to their needs. However, there are obstacles, both in terms of legal substance, legal structure, legal culture, as well as the lack of facilities and infrastructure that function optimally. Protection of child victims of sexual crimes requires updating and strengthening the substantive aspects of the law, increasing public awareness, as well as easy access for children to competent legal assistance. Rehabilitation services and psychological support also need to be a priority in their recovery process. Collaboration between the government, private institutions, civil society organizations and other related parties is considered key to providing effective protection for child victims of sexual crimes

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