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INDONESIA
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 1,054 Documents
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Juridical Analysis of Divorce from Different Citizens Viewed from Indonesian Positive Law (Study Decision No 46/Pdt.G/2020/PN Tim) Shidqi Mubarok, Muhammad; Dewi, Sartika; Abas, Muhamad
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.v4i4.380

Abstract

Divorce is the dissolution of a marriage by a judge at the will of one of the two parties. The definition of divorce between different citizens can be interpreted as a separation between two individuals from different countries. This study aims to determine the authority of the Panel of Judges of the District Court of Timika City Papua in deciding divorce between different citizens, and to find out the considerations of the Panel of Judges of the Timika City District Court deciding in Number: 46/Pdt.G/2020/PN.Tim. The results of this study explain that the authority of the Panel of Judges of the Timkia City District Court to hear and decide cases of divorce of foreign nationals is seen based on the habitual residence or residence of the parties. The determination of the considerations of the Panel of Judges of the Timika City Court in deciding the case, refers to Law Number 1 of 1974 concerning Marriage, Article 207 of the Civil Code, the International Convention at The Hague in 1968, Article 831 of the Civil Procedure Law, and refers to judicial practices that have tried foreign divorces in Indonesia.
The Impact of The Parliamentary Threshold Policy On Small Parties: The Failure of The Partai Persatuan Pembangunan To Meet The Parliamentary Threshold In The 2024 Election Nurul Zahro Qolbu; Lia Wulandari
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.v4i4.382

Abstract

The implementation of the parliamentary threshold policy poses significant challenges for small parties or new parties to gain representation in the legislature. This case study examines the impact of the parliamentary threshold policy on small parties, focusing on the failure of the Partai Persatuan Pembangunan (PPP) to meet the parliamentary threshold in the 2024 elections. The research highlights that small parties face difficulties in reaching the threshold, which results in their failure to gain seats in parliament. This situation affects political pluralism by limiting the diversity of political views represented in the legislature, potentially reducing inclusive and fair representation for different groups of voters. Furthermore, it underscores the importance of a mature political system in addressing the challenges of democracy, accommodating diverse political views, including from small parties, to ensure fair and inclusive representation for all citizens. In this research, the method used is normative qualitative, which describes information obtained from legal standards, theories, and legal principles and rules related to the core of the problem by collecting data through interviews.  Parliamentary thresholds in fact put pressure on small parties to remain in parliament as the threshold numbers get higher. Thresholds that aim to simplify parties turn out to be a barrier to the represented and the represented, as well as political dissatisfaction and undermine the legitimacy of the political system.
Maximizing Charitable Endowments for Healthcare: Maqasid Shariah Perspectives from Wahbah Zuhaili and Shariah Economic Laws Compilation Anwar, Maulana; Afif Noor
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.v4i4.383

Abstract

A gift is a voluntary agreement without compensation, either to heirs or other people. However, its implementation will have an impact on conflict when the grantor suffers from illness. Of course, this has different legal implications than for healthy people. This study focuses on the opinions of Wahbah Al-Zuhaili and KHES. This research method uses library research, which is qualitatively analytical through a historical approach and a statute approach. The data analysis method uses the fiqh muqaran approach. The results of the research show that first, the law of giving sick people maqasid Shariah values is found in the following aspects: protecting religion, protecting the soul, protecting the mind, protecting property, and protecting offspring. Second, Wahbah al-Zuhaili classified illness conditions as serious illness and non-severe illness. Conditions of serious illness that cause death before one year has passed, the law applies to people who are seriously ill and cause death. Meanwhile, for illnesses that are not serious or do not cause death, the grantor may commit with the recipient to pay for life until death, as stated in Article 454 paragraph 2. Third, KHES specifically includes grants for seriously ill people in articles 724–727.
Validity of the Deed of the General Meeting of Shareholders regarding the Dismissal of Directors Without Notice and Absence Izzah , Nurul; Djaja, Benny
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.v4i4.384

Abstract

This article is entitled the validity of the deed of the general meeting of shareholders regarding the dismissal of directors without notice and absenteeism, legal research methods with normative research types, using the statute approach and conceptual research approaches . The secondary data sources use primary legal materials in the form of regulations that are relevant to legal issues, and secondary legal materials which are opinions and legal theories that are relevant to the legal issues in this writing. So with this analysis, it can be concluded that the validity of the deed of the general meeting of shareholders regarding the dismissal of directors without notification and absence from the agenda of the GMS meeting that is, it is invalid, because according to the Company Law the decision cannot be taken by the GMS, if the director who will be dismissed is not present because he has not been notified of the meeting regarding his dismissal. However, the GMS deed becomes valid upon the dismissal of a director who is not present at the GMS meeting, if the director has been notified regarding his dismissal at the GMS meeting and he refuses not to attend.
Legal Regulations and Implications of Building Use Rights on Land Management Rights for Public Assets Calista , Jessica; Djaja, Benny
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.v4i4.385

Abstract

This article is entitled the regulation and legal implications of building use rights over land management rights for public assets. Using legal research methods with normative research types, using statute research approaches and conceptual approaches . With the results of the analysis, the regulation regarding HGB above HPL has undergone changes which were previously regulated in PP No. 40 of 1996 concerning Cultivation Rights, Building Use Rights and Use Rights are now regulated in PP No. 18 of 2021 concerning Management Rights, Land Rights, Flats and Land Registration . Conformity of HGB above HPL regulations in PP No. 18 of 2021 with the UUPA it can be said that there is no synchronization and harmonization, where in the UUPA the procedures for extending and renewing HGB must be carried out in stages and according to requirements, the land is still used and utilized properly according to the circumstances, nature and the purpose of granting rights and must obtain approval from the HPL holder. Even though in the provisions of PP no. 18 of 2021 also determines the same thing, but the provisions of Article 41 paragraph (3), especially for HGB, allow that after being granted SLF, rights can be extended and renewed.
Legal Policy Impact on Indonesia's Geothermal Industry Development: FDI Cooperation and NDC Rahmawanti, Hanifah Humaira; Meliala, Aurora Jillena
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.v4i4.387

Abstract

Geothermal significantly contributes to the state's energy industry development as a widely available low-carbon, sustainable, and strategic resource. As Indonesia is committed to achieving NZE 2060, renewable energy development is being conducted massively. Seeking Indonesia's geothermal energy potential, several regulations, policies, and schemes are implemented, including investment schemes, as financing plays a vital role in the industry's development. However, establishing a seamless procurement is highly dependent on national law regulations which govern the financing, procurement, and utilizations up to investors benefits. This article identifies international and national regulations on FDI, business schemes, and its alignment with INDC strategic programs, demonstrating Indonesia's commitment. It finds much room for improvement in national law regulation, especially the upcoming RE Draft Bill, as the implementation of established FDI schemes has not met the investor's favors. However, among AMS, Indonesia is the most committed country to achieving NZE. Therefore this article examines the Legal Policy Impact on Indonesia’s Geothermal Industry Development through FDI Cooperation and NDC. This article is conducted in Normative Legal Research and uses the Statutory Approach as its problem approach.
Legal Protection for Employees of Land Deed Officials in Submitting Applications for Transfer of Rights (Case Study of Cassation Decision 175/K/PDT/2021) Amanda, Rizki; Tjempaka, Tjempaka
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.v4i4.388

Abstract

This article is entitled legal protection for employees of land deed officials when submitting applications for transfer of rights . Using legal research methods with normative research types . With the results of the analysis, workers who work in PPAT or Notary offices have PKWT status, so the legal protection that can be provided by PPAT to these workers or employees depends on the policies provided by the employer, in this case namely PPAT. This is because the status of the job is PKWT, which means that the employer can be laid off at any time. This has implications for employees who carry out work on orders from their employers in situations where they commit unlawful acts, such as in the case of cassation decision 175/K/PDT/2021. Thus, juridically, it is a form of legal protection for employees who are in conflict with the law regarding their work due to orders from the employer, so the mandatory principle in work accountability does not apply, which has an impact on harming employees or workers in terms of responsibility for work actions.
Which Individual or Organization is Responsible For Career Planning? (Literature Review) Setiawan, Totok Andi; Indriati, Fibria
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.v4i4.389

Abstract

Career is important in the life of employees, and humans have the desire to continue to develop and advance. Therefore, there is a need for clear career planning in order to align the interests of individuals and organisations. Career planning is divided into two, namely individual career planning and organisational career planning. It is still debatable who is responsible for career planning, individuals or organisations. This research is a qualitative research with a literature study approach. The literature used in this research are national and international scientific books and articles. The purpose of this research is to find out who is responsible for career planning. It was found that good career planning will identify strengths and weaknesses as well as abilities that must be fulfilled to face the future. With career planning will provide a career path that can be travelled by employees. Career planning should be made realistically not just a career goal. The result of the research is that individuals have responsibility in their careers, because individuals know exactly what their interests and talents are. However, the organisation must facilitate individuals to develop in their careers.
Liability of Substitute Notary Whose Deeds Containing Forge Signatures Juniar, Nadia Tasha; Sitabuana, Tundjung Herning
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.v4i4.391

Abstract

Given that Indonesia is a country based on legal principles where nearly everything is intertwined to government agencies or the law, the role of Notaries in Indonesia become very necessary. Many people find it difficult to process documents or deeds, so in this case the role of a notary becomes crucial for the community. This causes notaries to become busy and get sick or tired, causing notaries request to take leave. During their leave, the Notary shall appoint a Substitute Notary as stated in the Law of The Republic of Indonesia Number 30 of 2004 on Office of Notary Public (Law on the Rules of Notary Profession). Substitute Notary is responsible in carrying out the duties and obligations of the Notary who is on leave. In carrying out their obligations Substitute Notary must obey the laws and regulations in Indonesia. However in verdict number: 395/Pdt.G/2011/PN.JKT.Sel a deed by Substitute Notary contains a forge signature which lead to question about the liability of Substitute Notary in the case. The research used a normative juridical research method and using secondary data sources. The results of this research proves that the Substitute Notary is indeed committed an unlawful act against the Plaintiff. This research is aims to find the liability of Substitute Notary whose deeds containing forge signatures.
ASN Personnel Reform in the TNI AD Subroto, Ismail Gatot; Indriati, Fibria
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.v4i4.392

Abstract

The role and position of Civil Servants (PNS) is very significant because they are an integral part of the state apparatus who are responsible for carrying out government tasks to achieve national goals. Civil servants function as public servants loyally to Pancasila and the 1945 Constitution. However, the performance of civil servants is often subject to negative scrutiny from various circles, and the mass media often report about lack of productivity, waste of state budget, lack of discipline, and low work ethic of civil servants. This stigma generally covers various government agencies. To overcome this problem, corrective steps need to be taken, including through human resource development. This aims to change society's negative views and strengthen civil servants in facing increasingly fierce local and global competition. Law No. 5 of 2014 concerning the State Civil Apparatus stipulates that the State Civil Apparatus must be considered a profession that has the obligation to manage and develop itself and is responsible for its performance. Employee performance is measured based on predetermined quality and quantity standards. Employees who perform well are considered as organizational assets who strive to continuously improve themselves, support organizational productivity, and motivate themselves systematically. Motivation development includes increasing knowledge, work skills, mental attitudes, and work environments that stimulate individual work satisfaction and willingness. TNI AD Civil Servants have a complementary role to TNI AD Soldiers, are responsible for non-combat administrative tasks, and have career development opportunities that are equivalent to the development of knowledge within the TNI AD organization. Organizations cannot avoid changes as a result of national policies. Therefore, civil servant organizations within the TNI AD need to adapt to changing situations and conditions in carrying out their duties. In facing developments in science and technology as well as intense competition, all components in TNI AD agencies, including TNI members and TNI-AD civil servants, need to support improving the quality of human resources through internal improvements, including human resource development. In carrying out the duties and functions of the Indonesian Army, quality human resource support is a must. The quality of human resources is a key factor for increasing the productivity and contribution of an organization or agency. Therefore, high motivation is needed to support increased employee work performance, although civil servant performance assessments cannot only be measured through Employee Performance Targets (SKP), because there is a gap between expected performance and actual performance. Nevertheless, hopes for the improvement of human resources within the Indonesian Army (TNI AD), especially the Civil Servants of the Indonesian Army (PNS TNI AD), have been bolstered with the enactment of Law No. 20 of 2023 aimed at enhancing the professionalism of Civil Servants (ASN) in Indonesia, including Civil Servants within the Indonesian Army, and the introduction of Government Employees with Work Agreements (PPPK). This law highlights several crucial aspects of ASN management, such as strengthening the supervision of the merit system, determining the needs of PNS and PPPK, improving welfare, organizing honorary staff, and digitizing ASN management. Its main focus is to enhance transparency, accountability, and the quality of public services by eliminating nepotism, corruption, and political interference in ASN management to support the main tasks of the Indonesian Army. Specific measures like open promotions, the establishment of competency-based PPPK, and protection from political interference are expected to strengthen the merit system in bureaucracy, fostering healthy competition among employees to enhance their competence and professionalism. It is hoped that this law will create a more professional and efficient ASN within the Indonesian Army; nationally, the success of its implementation will depend on support from various parties in effectively managing the change. Overall, a merit-based human resource management approach is expected to shape a reliable and integrity-driven Civil Servant apparatus, PNS, and PPPK, in serving and supporting the primary tasks of the Indonesian Army as the frontline protectors and guardians of the nation. Therefore, this article will discuss the reforms in ASN personnel management within the Indonesian Army.  Therefore, this article will discuss how to reform ASN personnel in the TNI AD.

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