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Journal of Law, Poliitic and Humanities
Published by Dinasti Research
ISSN : 27471985     EISSN : 29622816     DOI : https://doi.org/10.38035/jlph
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities and Politics which includes Curriculum Management, Graduate Management, Learning Process Management, Facilities and Infrastructure Management, Education Management, Funding Management, Management of Assessment, Management of Educators and Education Personnel, etc.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 1,211 Documents
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Customary Criminal Liability And The Harm Caused By Perpetrators Of Customary Offenses Anggraeni, Yustina; Saleh, Mohammad
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.365

Abstract

Customary law is the original law of the Indonesian nation. Every formation of legislation must be based on the values of social justice, one of which is the religious-magical nature of customary law. This research wants to examine customary criminal liability and how to recover losses caused by perpetrators. This research method uses normative juridical research. The results and discussion of this research show that the position of the application of customary sanctions in the national criminal system is recognized as long as it is in accordance with State principles and the formulation of the balance of customary criminal liability must be adjusted to regional characteristics. Where recovery does not only affect bodies or individuals but can also use compensation to carry out certain rituals.
Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice Syam, Misnar; Devianty Fitri
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.366

Abstract

Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.
Analysis Of The Crime Of Premeditated Murder Using Cyanide Poison in the Perspective of Routine Activity Theory (Case Study in Sukabumi City) Triny Srihadiati; Abdur Rozak
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.368

Abstract

This research investigates the phenomenon of premeditated murder using cyanide poison in the context of the Routine Activity Theory perspective. The focus of this research is a case study of premeditated murder using poison committed in Sukabumi City. The research method used involved qualitative analysis of data from various sources, including police reports, forensic results, and interviews with relevant parties. The purpose of this study was to determine the compatibility between routine activity theory and premeditated murder, which in this study used cyanide poison. The results showed that the crime of premeditated murder using cyanide poison often involves a planning process that is integrated with the routine activities of the perpetrator and victim. Routine Activity Theory provides an in-depth understanding of how such crimes are planned, executed and ultimately executed. In the context of the case studied, the perpetrator provided magical money-multiplying services through rituals, capitalizing on the victim's belief in the supernatural without conducting prior research, which ultimately led to the victim's death from poisoning. The findings highlight the importance of understanding the factors that influence offenders' success in planning and executing crimes, and the implications for prevention and law enforcement efforts. This research also contributes to the theoretical understanding of the relationship between routine activities and premeditated crimes, as well as providing practical insights for law enforcement officials in dealing with similar cases in the future.
The Urgency of Restorative Justice Principles in Law Enforcement Efforts against Defamation Crimes through Social Media Twitter in Indonesia Retno Hariati; Abdul Kholiq
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.369

Abstract

This study seeks to ascertain the efforts to enforce restorative justice especially through defamation crimes on social media twitter based on positive law and inhibiting and supporting factors in the enforcement of restorative justice in criminal defamation on twitter social media in Indonesia. The method being used for this research is normative and the data collection method to be used is Library Research. The results of this study indicate that the National Police Chief Regulation No. 8 of 2021 provides a legal basis for the integration of restorative justice in police actions against crimes related to information and electronic transactions. The Indonesian National Police responded to the growing legal needs by developing new ideas through the National Police Chief Circular Letter No. 08/2018 and SE/2/II/2021 on Ethical Cultural Awareness in Digital Space. The obstacles mainly arise from the lack of regulations, especially in the ITE Law which has not specifically accommodated restorative justice as a solution in cases of criminal information and electronic transactions. Besides the fact it requires a mutual agreement between the victim and the perpetrator, restorative justice also cannot be applied if the perpetrator uses an anonymous account that cannot be identified.
Implementation of the Right to Remission for Prisoners of Narcotics Abuse in Lapas 1 Medan Merry Roseline Pasaribu; Winona Silvy Noviyanti S; Rachel Lasria Naibaho
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.370

Abstract

This research aims to find out the fulfillment of remission rights for narcotics abuse inmates in Lapas 1 Medan. Prisoners who have rights that are protected from human rights and which are regulated in Law Number 12 of 1995 concerning Corrections in Article 14 paragraph (1) explains the rights of prisoners, one of which is the right to get remission. Remission is the right of every prisoner that must be fulfilled. However, Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning Conditions and Procedures for the Implementation of Rights and Prisoners of Corrections tightens the granting of remission to prisoners of narcotics crimes.
Ideal Concept In The Implementation Of Legal Philosophy In The Perspective Of Sociological Jurisprudence In Indonesia Nuraharja Adi Partha, Putu Gde; Lia Puspita, Putu; Rato, Dominikus
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.371

Abstract

The philosophical thought of law in a new paradigm that identifies reason as the primary source of law, emphasizing rationality and humanism in the development of modern law. This emphasizes the inseparability of law from social life and the formation of legal values within communities, shaping norms that guide social behavior and reflect the essence of law. The discussion extends to studying indigenous communities, especially in Kalimantan, where customary law arises from experiential actions, recognized and regulated by the Indonesian constitution, acknowledging the existence of written and unwritten laws within the framework of customary law. The research method used is normative juridical with a conceptual approach based on these issues. The research findings indicate that the conception of legal philosophy studies related to Sociological Jurisprudence becomes important because it enables law to become an instrument that promotes social justice and equality, recognizing that law must reflect respected social values and be executed within society based on the thoughts of Hugo Grotius regarding justice, equality, and human rights, grounded in rationality and humanism, emphasizing the need to treat individuals with respect and consider the welfare of society. The implementation of Hugo Grotius's thought in Indonesia has made a significant contribution to a paradigm shift in legal construction, particularly related to Sociological Jurisprudence. Grotius emphasizes the importance of rational law that does not solely rely on dogma or religious beliefs. His views on justice based on reason and human rights as an integral part of natural law have shaped a modern legal perspective that prioritizes justice and equality. Grotius's thoughts are highly relevant, especially in efforts to build a fair legal system based on morality.
Dynamics Of Legal Aid Provision In The Indonesian Criminal Justice System: A Comparative Study Of The Netherlands, Australia, And South Africa Nuraharja Adi Partha, Putu Gde; Lia Puspita, Putu; Setyawan, Fendi
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.372

Abstract

The Dynamics of Legal Aid Provision within the Legal System Aimed at Providing Limited Access to Justice and Referring to Core Principles Including Presumption of Innocence, Right to Know the Nature of Charges Against the Defendant, and Ability to Effectively Defend Against Those Charges in a Fair and Open Trial by an Independent and Impartial Court. The legal research method used in this study is normative juridical research that refers to the legal basis related to legal norms applicable in a country. This research approach uses legislative and comparative approaches regarding legal aid provision in Australia, the Netherlands, and South Africa. The research findings indicate that legal aid provided by lawyers representing their clients to provide legal assistance is at the core of the right to fair trial and must be provided to anyone as a concrete manifestation of the principle of equality before the law. Therefore, access to justice is not only for those with high social status but also for lower- and middle-class individuals who have economic limitations and have the same right to be treated fairly under the law. Based on these aspects, this paper will comprehensively discuss legal aid provision in the criminal justice system in the Netherlands, Australia, and South Africa.
Legal Protection For Copyright Holders For Violations In The Form of Piracy of Film Cinematographic Works on The Telegram Application Oka Sugiadnyana, I Made; Bagus Suryawan, I Gusti
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.373

Abstract

The purpose of this research is to determine the legal protection sought by cinematography copyright holders against piracy of film works via Telegram. The method used in this research is a normative legal research method with a statutory regulatory approach. The research results show that acts of piracy, such as duplicating and distributing cinematographic works without the author's permission, are legal violations that harm copyright holders, both economically and morally. In the context of legal protection for the copyright of cinematographic works, there are two forms, namely preventive legal protection by the government in the form of laws and regulations that regulate it and repressive protection through dispute resolution. Creators or copyright holders can take legal steps, either through litigation in court or non-litigation outside of court with the help of third parties, as an effort to overcome piracy of cinematographic works that occurs in the Telegram application.
Promatics of Sexual Violence Based On The Direction of Government Policy In Handling It Octasari, Poppy
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.374

Abstract

Cases of sexual violence are increasing from year to year, not only in Indonesia but also in several other countries, data from the National Commission for Women shows that cases of sexual violence continue to increase every year, as well as data from the Department of Justice , Office of Justice Program, Bureau of Justice Statistics, The National Crime Victims Survey shows a 68-second increase in Americans experiencing sexual assault. This shows that regulations regarding sexual violence are still weak. In Indonesia, even the Philippines, the Netherlands and the United States have regulated acts of sexual violence, but in substance it is still very lacking so that it has not been able to overcome the acts of sexual violence that have occurred so far. This study intends to analyze how the government should act in reducing the number of victims of sexual violence in Indonesia. Even though to date the government has issued laws and regulations related to sexual violence in 2022 which are issued through law, their implementation has not been optimal. Therefore, there is still a great need to improve government policy measures. Such as revising regulations relating to forms of sexual violence. Apart from that, the government must also be able to make derivative regulations for the Sexual Crimes Law so that they can be used legally.
Legal Protection of Women and Children in Isbat Marriage accompanied by Divorce Achmad Walif Rizqy; Ishaq, Ishaq; Muhammad Faisol
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.376

Abstract

Until now, it is felt that the marriage ceremony accompanied by divorce has not provided complete justice, especially in terms of applications by women. When women apply, their rights are often neglected, especially when the verstek decision means that the rights of women and children are lost. In this research, the focus is on discussing the rights of women and children in marriage isbat cases accompanied by divorce and forms of legal protection for women and children in marriage isbat cases accompanied by divorce. The research method in this research uses a normative/doctrinal type of research which focuses on the legal issue being researched and uses two approaches, namely the statutory approach and the conceptual approach. This research results in discussion that women and children in cases of isbat marriage accompanied by divorce actually have many regulations that regulate them to protect their rights, but are sometimes neglected because the law cannot reach far in ensuring justice is present in them, especially in the context of legal protection, especially Repressive legal protection does not yet describe a just situation that substantively guarantees the basic rights of women and children. Even though the regulations have been regulated in such a way, the implementation does not show justice, especially in cases filed by women.

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