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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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STUDI KASUS PENGUASAAN SENGKETA TANAH MARTUBUNG DARI ASPEK HUKUM PIDANA Bella Ayu Anzalia; Martua Felix Jonatan Simanullang, Halimah, Reh Bungana Beru Prangin-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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This research aims to resolve the settlement of control over Martubung land from the criminal law aspect. This research uses methods to study land landscapes in rural areas and understand the dynamics of the land. We conducted comprehensive interviews with two participants representing various parties involved in the anomaly, such as landowners, rights claimants, and their family members. Based on the results of our discussion and research, it can be concluded that the placement of land settlement settlement rooms is regulated because land settlement settlements are often carried out in general judicial institutions. Every match is often brought by the community to seek justice. For those seeking justice in general
TINDAK PIDANA KORUPSI DI MASA PANDEMI COVID-19 Eirene Dahlia Sidabutar; Limra G.M Nababan, Nasywa Yasmin Purba, Reh Bungana, Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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This paper discusses the corruption of the Minister of Social Affairs, Mr. Juliari Peter Batubara, on social assistance during the Covid-19 pandemic in Indonesia. During the covid- 19 period there was a case of procurement of social assistance in the form of food packages for underprivileged citizens with a total of around Rp. 5.9 Trillion with a total of 272 contracts and implemented with two periods. Social assistance that has been managed by the ministry of social affairs is among the largest social assistance from the central government aimed at people affected by the corona virus, especially the poor. This research uses normative legal methods (doctrinal legal research). The method we use this time is a descriptive method by using a literature study, data collection techniques by examining the books used, literature, notes, and reports that have a relationship with the problem to be solved. The result of this study is that the corruption of social assistance funds has jolted the awareness of the public because the government allocates a budget that can be said to be quite large in handling Covid- 19 cases for people affected by the pandemic. Where the funds come from the relocation of the budgets of institutions and ministries. if traced in the legal context, corruption is a product of weak law enforcement and public supervision of the practice of power from the state
PERTANGGUNGJAWABAN PIDANA TENAGA PENDIDIK PELAKU TINDAK PIDANA PENCABULAN Agustin Pratama Sihotang; Deo Agung Haganta Barus, Pingky Monica Hasugian, Reh Bungana Beru Perangin-angin, Maulana Ibrahim
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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Education in Indonesia has a big goal of forming children's character as pillars of the nation's ideology. Teachers, as the spearhead of educational institutions, have a big responsibility in pioneering student development. However, the reality shows that there are cases of serious violations, such as sexual violence, which have been revealed in several incidents at school. This study uses library research methods to explore information related to the role of teachers, codes of ethics, and cases of sexual violence in schools. Criminal responsibility for perpetrators of sexual violence, especially educational staff, is a major focus. The Child Protection Law and the Criminal Code regulate criminal sanctions, and factors such as breach of official duties and use of the national flag can increase penalties. In addition, social rehabilitation needs to be implemented, including the installation of electronic detection devices and psychiatric rehabilitation, to ensure child protection and correct the behavior of perpetrators. The importance of enforcing the teacher code of ethics is an important focus in ensuring integrity and professionalism in the world of education. Cases of ethical violations by teachers involved in sexual abuse demonstrate the need for improvements in training, awareness, and supervision of teacher behavior. In dealing with the problem of sexual violence at school, the role of parents, family and society is no less important. All parties must work together to create an environment that is safe, supportive and caring for children's rights. Strict law enforcement against perpetrators of sexual violence, especially teachers, sends the message that such acts will not be tolerated in society. By combining legal, ethical and social role aspects, this research highlights the need for a holistic approach in creating a truly safe educational environment and supporting the development of positive character of the younger generation in Indonesia.
ANALYSIS OF THE LIMITATIONS OF TERRITORIAL RIGHTS FOR MILITARY ACTIVITIES IN THE EEZ OF A COASTAL STATE IN THE CASE OF THE US FONOPS ON LAKSHADWEEP ISLAND Tri Widiastuti; Mubaraq, Othman Ballan, Arga Chon Feriandref, Eka Ermala, Duwi Aryadi
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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The rights, freedoms, and jurisdiction of states, whether coastal states have EEZs or not, are all regulated in UNCLOS. Maritime user States do not have additional rights beyond the scope of UNCLOS; therefore, coastal states can restrict relevant activities of other States in their EEZ. Regarding the legal status of the EEZ, this greatly influences the military activities of other countries in the EEZ of a coastal country. Therefore, military activities of other countries carried out in the EEZ of a coastal country are expected to be used under UN peace principles. Given inconsistent state practices, the international community must reconsider the relationship between the principles of peace and a state's military activities in the EEZ of other states to codify state practices and create universally acceptable norms. In this case, the steps that need to be taken in the form of legislative patterns can be used to design a country's military activities in another country's EEZ. Other countries do not need to provide prior notification before entering the EEZ of a coastal country. However, suppose a State adheres to the idea that all of its EEZ represents international waters and that the coastal state enjoys only economic jurisdiction. In that case, it does not require prior notification, as national security interests do not impact the economic jurisdiction of the coastal state. Other countries can then enjoy complete freedom of navigation and overflight in the coastal country's EEZ. As strategic partners, India and the US must take the first initiative to improve strategic policies in developing international maritime law. This awareness requires the formation of more relevant laws in legal politics that influence the practical behavior of countries toward the need to achieve common interests, such as inviting all countries to discuss, form, and renew international customary law in UNCLOS 1982, which is relevant for continuity in maintaining maritime policy order. Internationally, consistently, and in a balanced manner is practiced by countries, each of which fulfills the security interests of forces at sea.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DALAM PENYALAHGUNAAN KEWENANGAN YANG MERUGIKAN KEUANGAN NEGARA Aru Diba Al-hafidz; Edi Saputra Hasibuan; Widya Romasindah Aidy
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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This research is motivated to analyze a criminal act of corruption that abuses authority by government agencies and/or officials in making decisions and/or actions in government administration that are carried out by exceeding authority, and/or acting arbitrarily. Corruption is a form of extra ordinary crime problem where the actions of corruption committed not only affect human life as the category of extra ordinary crime. The purpose of this study is to find out how the criminal responsibility of perpetrators who abuse authority because of position to benefit themselves and harm the State. The research method used is a normative research method with a statutory approach and a case approach. The types and sources of legal materials used are primary, secondary, and tertiary materials using the collection of legal materials. The results obtained in the conclusions and suggestions of this study, Law enforcement against criminal acts of corruption that harm state finances pay attention to the elements of legal certainty, expediency, and justice. In general, the implementation of law enforcement is carried out in two ways, namely preventive and repressive. Acts of abuse of authority that can harm state finances against perpetrators of criminal acts must also pay attention to legal impunity (impunity), not affecting the running of legal processes when associated with the authority of perpetrators of corruption crimes as regional officials because equality before the law must work, as one of the fundamental principles of a state of law.
TINDAK PIDANA ZINA MENURUT UU NO 1 TAHUN 1946, UU NO 1 TAHUN 2023 (KUHP) DAN HUKUM ISLAM Nasruddin S; Achmad Nurdaim
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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This study conducts a comparative analysis of zina offenses across the Criminal Code, both the old legislation and the recent amendments (Law No. 1 of 2023), and Islamic law. Employing a juridical normative approach, the research involves the examination of primary and secondary data, including legal literature. According to the old Criminal Code, individuals engaged in adultery while married or legally bound by marriage face a maximum penalty of nine months in prison. In the current Islamic penal code, adultery is categorized into two cases: muhsan offenders are subject to stoning to death, while ghairu muhsan offenders receive a hundred lashes and one year of exile. Notably, both the old and new Criminal Codes extend the scope to include adulterers, whether single or married. The charge for adultery in both codes remains the same, with the new code expanding the range of complainants to include in-laws, parents, and children—whereas, in the old code, only the spouse could file a complaint. Islamic Law classifies zina as a jarimah hudud, with sanctions deemed solely under Allah's jurisdiction. The current criminal sanctions in the Criminal Code are perceived as insufficiently stringent, necessitating prompt legislative revisions for more robust and deterrent measures against adulterers.
ANALISIS YURIDIS DIREKSI PERSEROAN TERBATAS YANG TIDAK MENYELENGGARAKAN RAPAT UMUM PEMEGANG SAHAM TAHUNAN BERDASARKAN PASAL 79 AYAT (1) UNDANG- UNDANG REPUBLIK INDONESIA NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Yasin Yasin; Arrisman
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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This research aims to conduct a juridical analysis of the Directors of Limited Liability Companies (PT) which do not hold Annual General Meetings of Shareholders (AGMS) in accordance with the provisions of Article 79 Paragraph (1) of Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies. This research uses normative legal research methods with a statutory approach and a conceptual approach. The results of the analysis show that failure to hold an AGMS by PT Directors can have serious legal consequences, including potential legal violations and negative impacts on the interests of shareholders. The existence of the AGMS as a shareholder control mechanism is strictly regulated in law to ensure transparency, accountability and shareholder participation in company strategic decision making. In this context, this research also identifies factors that cause the PT Board of Directors to not hold an AGMS, such as a lack of understanding of legal regulations, unsupportive internal policies, or even negligence of related parties. Therefore, efforts are needed to improve and strengthen regulations and legal awareness among business actors so that the implementation of the AGMS can be carried out effectively in accordance with the spirit of the law. In conclusion, the failure to hold an AGMS by PT Directors is a serious problem that requires legal attention and system improvements. This research contributes to understanding the impact of law and its causal factors, and emphasizes the importance of compliance with legal regulations to maintain company integrity and sustainability.
ANALISIS HUKUM PERALIHAN HAK ATAS TANAH BERSETIFIKAT HAK MILIK DENGAN SURAT DIBAWAH TANGAN (STUDI PUTUSAN NOMOR 30/PDT.G/2020/PN NABIRE) Syarif Hidayatullah Pulungan; Muhammad Yamin, Rosnidar Sembiring, Yefrizawati
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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Transfer of land rights is the transfer of land rights from the old right holder to the new right holder according to the provisions of the applicable laws and regulations. There are 2 (two) ways of transferring land rights, namely transfer and transfer. The transfer of rights to land that has been certified as ownership should be carried out by means of a legal act of sale and purchase carried out before a public official, namely the PPAT, which has the authority to make authentic deeds regarding land rights or ownership rights to apartment units. The transfer of land rights that have been certified as ownership through an agreement with a private letter still has legal force and can be used as evidence in court. However, it is not as strong and complete as an authentic deed made before a public official. This research method uses a Normative Juridical research type which is descriptive analytical in nature. The data source uses secondary data sources using legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials using library research data collection techniques (Library Research) and the data collection tool in this research is document study. The results of the research show that the transfer of title to land with certificate of ownership with a private letter still has valid legal force, based on the laws in force in Indonesia. Regarding land matters, there are 3 (three) forms of law that can be used as guidelines, namely the Basic Agrarian Law (UUPA), the Civil Code (KUHPerdata) and Customary Law. The transfer of land rights based on customary law is considered valid if it does not conflict with applicable laws and regulations according to the legal hierarchy. Legal protection for legal subjects who carry out legal acts of transferring title to certified land with private documents will be guaranteed and protected by the state as long as it can be proven in the judicial process. The essence of this case is that there was an unlawful act committed by one of the parties as the seller which resulted in an error which violated the statutory regulations, there was a loss experienced by the other party as the buyer of the plot of land so that the buyer was unable to carry out the process of changing the name of the a quo land. the. The legal basis is that there is an unlawful act against the conditions for the validity of an agreement written in article 1320 of the Civil Code.
PENERAPAN HUKUM PIDANA PADA KASUS PELANGGARAN LALU LINTAS YANG MENYEBABKAN KORBAN MENINGGAL DUNIA(Studi Pada Putusan Nomor 153/Pid.Sus/2015/PN.Sda) Gerik Kaniago Pratama; Samuji
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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Cases of traffic violations that resulted in the death toll have become a serious concern in the criminal legal system. This article focuses on the application of criminal law in the context, with a special analysis of the decision number 153/Pid.Sus/2015/PN.Sda. This study aims to explore and analyze the legal aspects involved in this case, as well as the impact of legal decisions on the enforcement of justice. The research method used is a normative approach to legal decisions that are relevant to the topic. Data were analyzed by considering the legal view, the argument used in the trial, as well as the legal basis underlying the judge's decision. The results of the analysis highlighted the role of criminal law in handling cases of traffic accidents resulting in death. In addition, the conclusion of this study discusses the implications of the decision on efforts to maintain justice in the legal system, as well as the potential improvement or change that can be applied in law enforcement related to similar cases in the future. In conclusion, this article provides in depth insights on the application of criminal law in the context of traffic violation cases that lead to fatal accidents, by analyzing the case study of decision number 153/Pid.Sus/2015/PN.Sda. The practical implications of this study highlighted the importance of fair and fair law enforcement in handling similar cases.
TINJAUAN YURIDIS TERHADAP PELANGGARAN MEROKOK SAAT BERKENDARA BERDASARKAN UNDANG-UNDANG NO. 22 TAHUN 2009 Widiantoro Widiantoro; Samuji
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): Journal of Law and Nation
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The aim of the research is to find out whether smoking while driving can be categorized as a traffic violation, to find out the sanctions for smoking while driving. The method uses normative juridical. The research results show that smoking while driving can be categorized as a traffic violation based on Article 283 Number 22 of 2009 concerning Road Traffic and Transportation, punishable by a maximum imprisonment of three months or a maximum fine of Rp. 750,000. Prohibiting smoking while driving violates Law no. 22 of 2009 concerning Road Traffic and Transportation because of the smoking activity of course the driver must divide his concentration and be able to be distracted, this is due to the presence of two physical activities simultaneously so that the chance of an accident occurring on the road becomes greater. Minister of Transportation Regulation No. 12 of 2019 article 6 letter c states that drivers are prohibited from smoking and carrying out other activities that disturb concentration while riding a motorbike.

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