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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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Legal Protection for Persons with Disabilities Who Become Victims of Sexual Violence Zahra Alsabilah; Dr. Hery Firmansyah, S.H., M.Hum., MPA
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1019

Abstract

As a human rights violation, sexual violence against persons with disabilities requires special attention from the Indonesian legal system. People with disabilities are more vulnerable to sexual violence, yet they are often overlooked in legal proceedings. This article discusses legal protection for persons with disabilities who become victims of sexual violence and the difficulties faced in enforcing their rights. This research analyzes Law No. 8 of 2016 on Persons with Disabilities and Law No. 12 of 2022 on Sexual Violence Crimes through a normative juridical approach. The results show that there are weaknesses in the legal protection process that affect victims' ability to obtain justice. Consequently, to ensure the rights of persons with disabilities are fully met, strengthening regulations and the role of law enforcement institutions in protecting persons with disabilities from sexual violence is necessary.
Juridical Review of Minors Facing Legal Proceedings in Pornography Offenses Lidya Imelda Rachmat; R. Rahaditya
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1021

Abstract

This research analyzes the legal perspective on children in conflict with the law in cases of pornography-related crimes. The primary focus of this study is on the implementation of Law No. 44 of 2008 on Pornography and the Juvenile Justice System in cases involving children as perpetrators or victims. The approach used combines normative and empirical studies with descriptive methods. The results indicate that although regulations are applied, there are challenges in field implementation, such as social stigma against children in conflict with the law. This study also highlights the importance of restorative justice approaches in handling these cases to minimize negative impacts on the child’s psychological and social development.
The Fulfillment of Diversion in Cases of Participation in Assault Resulting in Death by Children Merlin Theodor Handayani Samosir; R. Rahaditya
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1022

Abstract

The increasing number of crimes involving children, the diversion approach is a major concern as an alternative in the juvenile criminal justice system that should be prioritized as mandated by Law No. 11/2012 on Juvenile Criminal Justice System (UU SPPA), which emphasizes peaceful conflict resolution between juvenile offenders and victims. However, this process can be complicated when the victim's family does not accept an amicable settlement. Although peace efforts were achieved between the victim's family and the offender's parents, the difference in sentences between the defendants triggered dissatisfaction and violation of the initial agreement, posing a dilemma in the implementation of diversion. This study highlights the application of diversion in the case resolved in Decision Number 9/Pid.Sus-Anak/2021/PN Jmb, where the peace process between the victim's family and the perpetrator faced challenges, although an agreement was reached. This research uses a normative juridical method with descriptive analysis of legal sources, including laws, journals, and court decisions. The analysis shows that, although diversion is mandatory in juvenile cases, material compensation is not. Its success depends heavily on the willingness of the parties involved to reach a fair and binding agreement so as not to create dilemmas in its implementation. This study recommends refining the diversion mechanism to address conflicts arising from disagreements between the parties in cases of children in conflict with the law.
The Role of Witness and Victim Protection Agency (LPSK) in Assisting Children as Victims of Sexual Violence Nathalie Cristine Luban Gaol; Dr. R. Rahaditya, S.H., M.H
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1023

Abstract

One such human rights violation is child sexual abuse, which has a major impact on the psychological and social development of the victim. Children who are victims of sexual violence often experience severe trauma that can affect their lives in the future. The increasing number of cases of sexual violence against children in Indonesia makes it necessary for the state and society to provide protection and support to victims. The Witness and Victim Protection Agency (LPSK) is one of the important institutions responsible for protecting witnesses and victims. One of the human rights violations is sexual violence against children, which has a major impact on the psychological and social development of victims. The increasing number of cases of sexual violence against children in Indonesia makes it necessary for the state and society to provide protection and support to victims. The Witness and Victim Protection Agency (LPSK) is one of the important institutions responsible for protecting witnesses and victims. Despite this, LPSK faces many problems when carrying out its duties. These include budgetary issues, human resources, and cooperating with other related institutions. The purpose of this research is to discover the role of LPSK and how effective they are in assisting child victims of sexual violence.
The Urgency of Law Enforcement Relating to Criminal Acts of Sexual Violence in Public Transportation Mode Lintang Ayu Saraswati; Bambang Waluyo
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1028

Abstract

The objective of this paper is to inspect the lawful prosecution of sexual assault in public tr?nsport?tion and the application of the Sexual Violence Offenses Act to prosecute sexual assault in public tr?nsport?tion. The form of research is executed using normative juridical by applying the method of statutory and legal conceptual approach. The result reveals the enforcement of sexual assault law in the public transportation could be implemented by using the Criminal Code and the Sexual Violence Offenses Act. Nevertheless, the Sexual Violence Offenses Act will be able provide legal protection and eliminate the feeling of inequality experienced by victims of sexual assault inside the public transportation mode.
Legal Liability of Ex-Directors for the Management of the Company During the term of Office Period Has Ended Pande Putu Indahyani Lestari; I Gede Agus Kurniawan
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1042

Abstract

This research aims to analyze the legal responsibility of former Directors for the management of the Company which was carried out when the term of office of the Directors and Board of Commissioners had ended before the re-appointment GMS was held. In this case, the Board of Directors is the organ of the Company which is fully responsible for the management of the Company and represents the Company both inside and outside the Court. Directors whose term of office ends do not automatically continue their position as before, except by re-appointment based on a GMS decision. So that the management carried out after the term of office ends may conflict with the law and the Company's articles of association. The approaches used are the statutory approach and the case approach. The results of legal actions carried out by former Directors while continuing to manage and represent the Company are illegal actions and can be held personally responsible. However, if it can be proven that the management actions are carried out in good faith for the sake of the law and provide good benefits for the Company and all of the Company's stakeholders, then based on the authority possessed by UUPT and the Company's articles of association, the GMS can decide to make all legal actions in the form of management. What is done by the former Director becomes a legal act and the Company's responsibility, so that the former Director is free from personal responsibility.
Intellectual Property Rights Guarantee: Roles and Challenges for Notaries Niken Eka Marthasari
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1043

Abstract

Exclusive rights in intellectual property as intangible movable objects can be used as objects of fiduciary collateral based on statutory regulations, although positive law has regulated that IPR can be used as collateral, in practice it is still not widely implemented, because of the incomplete legal certainty regarding the assessment mechanism,  limited time period for IPR apprentices, as well as further regulations regarding the execution of guarantees in the event of breach of contract or default.  The role of a notary is very important as a general official who makes fiduciary guarantee deeds, of course it is a challenge for notaries to be able to understand the implementation of fiduciary guarantees in the form of IPR.  This writing aims to find out more about the systematics of fiduciary guarantee deeds with IPR objects, as well as the role and challenges of notaries as makers of fiduciary guarantee deeds with IPR objects.  The method used is doctrinal or normative research, with an approach to positive legal regulations. This research is explanatory, which aims to test theories and hypotheses related to the application of IPR as fiduciary collateral
The Principle of People's Sovereignty in the Presidential Appointment of the Head of the Nusantara Capital Authority Elvia Rahmawati; Miftakhul Huda; Ian Firstian Aldhi
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1046

Abstract

This study explores the appointment mechanism of the Head of the Nusantara Capital Authority (IKN Authority) and its implications for the principle of people's sovereignty as enshrined in the 1945 Constitution. The Indonesian state, structured as a unitary system with decentralized governance, grants certain regions special status, including the newly established Nusantara Capital. Unlike other regions with locally elected leaders, the Head of the IKN Authority is appointed directly by the President, reflecting an asymmetric decentralization model. The findings indicate that while the special appointment mechanism aims to streamline governance and ensure efficient leadership for the capital's development, it significantly limits local political representation and public participation. The study highlights that this mechanism contrasts with democratic principles outlined in the Constitution, where sovereignty is vested in the people and manifested through elections. The reliance on a merit-based appointment system underscores the need for professional leadership in managing the complex and multi-sectoral environment of the new capital. However, it also raises concerns about the diminishing role of public consent and local political engagement, which are vital to democratic governance. The study concludes that while the mechanism facilitates the capital's development, it simultaneously weakens democratic values by curbing the practical exercise of people's sovereignty at the local level.
Evidence of Girik Documentation in Land Acquisition Disputes (Study of Tangerang District Court Decision Number 907/Pdt. G/2018/PN Tng) Adhelia Puspa Rini; Atik Winanti
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1051

Abstract

This study focuses on the main issues including the proof of girik arrangement in land acquisition disputes. The purpose of this study is to determine how the judge's considerations regarding the status of girik arrangement on evidence of land ownership and the process of proving girik in land disputes in the Tangerang District Court Decision Number 907/Pdt. G/2018/PN Tng. The method used in this study uses a normative legal method with a case approach and a statue approach to analyze various appropriate problems. The findings state that the validity of the arrangement of girik C No. 157 plot 96D covering an area of 2980 m2 in the name of Margawi as proof of land ownership in the Tangerang District Court Decision Number 907/Pdt. G/2018/PN Tng is proven by the history of the land and must go through a land ownership verification process. Initially, girik land was ownership of customary land, so in carrying out girik proof, verification must be carried out by inspection by the local Land Office or the Village Head.
The Crawling Ban of the Labor Day Celebration in the Age of Indonesian Transition, 1966-1968 FX Domini BB Hera; Ari Sapto; Daya Negri Wijaya
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1053

Abstract

The dynamics of labor movements in Indonesia 1966 were shaped by the broader political and economic transformations that followed the 1965 coup attempt. The transition to Suharto's New Order regime brought about significant changes in labor relations, characterized by the suppression of independent unions and the prioritization of economic recovery over labor rights. This study used historical methods using archival primary sources and contemporaneous narratives. This research will reveal the dynamics of labor day in Indonesia in 1966-1988 as well as Indonesian politics in a historical perspective during. This research shows that Labor Day celebrations are embedded in Indonesian society. The new ruler did not easily erase the tradition of Labor Day celebrations. The abolition of Labor Day could happen after 2 years, which means 2 times the celebration was still held despite being under pressure. The celebration of Labor Day was eventually resumed illegally, but openly in 1995 (as a protest against the then regime). Post-authoritarian 1999 and since 2013, Labor Day has been declared a public national holiday by the Indonesian government.

Page 112 of 122 | Total Record : 1211

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