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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 Certainty of the Use of Cryptocurrency as An Investment Instrument in Companies in Indonesia Christofel Adam Sitorus; Muthia Sakti
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.v5i2.1059

Abstract

This study examines the legal certainty of using cryptocurrency as an investment instrument in companies in Indonesia. Although cryptocurrency is not recognized as a legal means of payment, it has been acknowledged as a tradable commodity in futures exchanges. This research utilizes a normative legal approach to analyze existing regulations, challenges encountered, and legal protections available for investors. The findings indicate that despite significant profit potential, investors still face high risks due to price volatility, insufficient legal protections, and cybersecurity threats. It is crucial for the government to formulate more comprehensive and supportive regulations to protect investors and prevent misuse and illegal practices. Additionally, an extensive educational program is needed to enhance public understanding of the risks and benefits of investing in cryptocurrency. With adequate regulation and improved public awareness, cryptocurrency is expected to contribute positively to Indonesia’s digital economic growth. This study aims to contribute to the development of policies and regulations related to cryptocurrency in Indonesia and to encourage greater public participation in this investment ecosystem.
Legal Certainty for Companies That Unilaterally Terminate Employment Relations to Workers Aurelius Steven Beale; Rasji
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.v5i2.1060

Abstract

In this study, we have discussed legal certainty for companies in carrying out the process of unilateral termination of employment relations against workers. This study applies a normative juridical research method with the approach taken, namely the legislative and conceptual approaches. This study explains the procedure for legal termination of employment, as well as aspects of legal certainty, especially for companies, and also explains the impacts such as legal and economic impacts of termination disputes. The results of this study prove that there is legal certainty for companies that can be accepted based on compliance with the legal termination procedure, namely by bipartite negotiations, mediation, and fulfillment of legal requirements according to the reasons for termination. The company has the right to validate the reasons for termination of employment and has legal protection in the industrial relations court.
Moral Rights Protection of Music Creators' Reputation Under the Berne Convention 1886 Putri Khalisha Humaira Yusuf; Christine S.T Kansil, 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.v5i2.1064

Abstract

Berne Convention for the Protection of Literary and Artistic Works 1886 is one of the main pioneers regarding the protection of works as copyright internationally. The establishment of the agreement is intended to provide standardization for each state party internationally as an effort to protect every work in the world. One of the protection efforts is through moral rights attached to the creator or owner of the work who has the right of attribution to take ownership claims to a work and the right of integrity to prevent his work from being misused which can have an impact on his honor or reputation. Moral rights violations, especially in musical works, often occur in the world even though the economic rights have been transferred and also during major events such as presidential candidate campaigns. However, the application of law enforcement and sanctions provided by this agreement to perpetrators of moral rights violations are regulated in the domestic law of each state party through the harmonization of these regulations. The research method used is a normative juridical approach.
Legality and Safety Regulations of Electric Vehicle Batteries in Indonesia: Challenges and Implementation of National Standards Maria Natasha Rudijanto; Amad Sudiro
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.v5i2.1065

Abstract

This study examines the legality and safety regulatory aspects related to the use of electric vehicle batteries in Indonesia, especially focusing on the risk of fire due to the failure of lithium-ion batteries which are often used as the main energy source. With the increasing adoption of electric vehicles, Indonesia is faced with the challenge of setting safety standards that are able to keep up with the development of battery technology and meet consumer expectations and international standards. In this study, an analysis of government policies, harmonization of international regulations, and the importance of battery testing as a risk mitigation measure was carried out. Battery testing is a vital component to ensure the safety and reliability of electric vehicles, involving procedures such as thermal resistance tests, short-circuit protection, and mechanical integrity testing. By applying normative juridical methods through conceptual approaches, laws and regulations, and international case studies, this study aims to provide recommendations for improvement of battery safety regulations and procedures in Indonesia to support the creation of a safer and more sustainable transportation environment.
Legal Certainty of Fulfilment of Registered Trademark Rights Owned by the Company for the Similarity of Trademarks in Principal Anugrah Syahrial; Alfalah Naufal Yufianda; Hafiyyan Daffa Muhammad; Giovanni Akmal Firdausy
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.v5i2.1067

Abstract

The main function of a brand is to differentiate a company's products. A brand can create a reputation regarding quality, quantity and distinctiveness that is only owned by the party attached to the brand rights which are exclusively owned by the brand holder. However, it cannot be denied that later it was discovered that there were two brands that were fundamentally similar, causing disputes. The aim of this research is to explore the legal certainty of fulfilling a company's registered trademark rights for the existence of substantially similar brands by examining the concept of the element of "substantial similarity" in brands and efforts to overcome the existence of essentially similar brands. The research method used is normative juridical, with a statutory, legal conceptual and case approach. Data comes from secondary data, including primary legal materials, secondary legal materials and tertiary legal materials. Data analysis is descriptive analytical. The results of the research found that the concept of the element of "substantial similarity" in a brand has been regulated in statutory regulations, which shows that legal certainty has been sought. Efforts to overcome legal enforcement of trademark disputes based on similarities in essence which actually injure the actual rights of brand owners can be realized by standardizing law enforcement procedures, strengthening laws and regulations, supervision and outreach. Efforts to overcome this require synergy between the government, law enforcement, brand owners, and even the general public.
BPOM Supervision Negligence Review Results in Child Victims of Acute Kidney Failure Harry Sunyoto; Amad Sudiro
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.v5i2.1070

Abstract

In 2022, the Indonesian Pediatrician Association (IDAI) through the Ministry of Health conveyed to the public that there were 324 cases of atypical progressive acute kidney failure of unknown cause in children spread across 27 provinces in Indonesia. The method used in this study is the normative research method by collecting secondary data which is then analyzed qualitatively to obtain conclusions about the circulation of syrup drugs that cause acute kidney failure in children, which is certainly not in accordance with the provisions in the Health Law and also violates the guidelines for Good Manufacturing Practices. The form of legal responsibility that can be carried out by BPOM is to strengthen the pre-market and post-market supervision function of drugs in circulation and conduct independent drug tests. In addition, it is hoped that the government will immediately ratify the Drug and Food Supervision Bill to strengthen the supervisory function, authority and sanctions that can be imposed on BPOM if they are negligent.
Analysis of Government Management Transformation: Case Study of Position Equalization Program in the Melawi Regency Government Nurkhamdi; Samugyo Ibnu Redjo; Neneng Yani Yuningsih
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.v5i2.1074

Abstract

The Indonesian government implements a policy of equalizing position as a simplification of bureaucracy. The policy is seen as the transformation of government management with complex challenges. This article aims to analyze the important aspects of the transformation of government management in equalizing positions in Melawi Regency in 2021-2024. Data is collected from important officials who sit in government and members of parliament, without ignoring the opinions of the public. The results show that (a) reframing aspect is considered good enough in the "Achieve Mobilization" element and needs an increase in the "Creating Vision" and "Build a Measurement System" elements by re-frame programs and fulfillment of performance targets, (b) restructuring aspect in implementation element of "Construction an Economic Model" and "Redesigning The Work Architecture" is good enough and needs an increase in the element of "Configuring the Physical Infrastructure" by immediately forming a public service mall, (c) revitalization aspect is good enough from the three elements described, and (d) renewal aspect is good in the "Create a Reward System" and "Developing The Organization" elements, so it only needs to be improved in "Building Individual Learning" element by adding competency development to the equivalent functional position to improve existing services.
Legal Study of Nominee Agreements in Villa Business Management: Perspectives of Decision No. 129/Pdt.G/2021/PN. Amp Elvira Triana Putri; Surahmad
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.v5i2.1075

Abstract

In Indonesia, foreigners' land ownership is restricted by law. However, in practice, some foreigners legally own Indonesian land through a nominee agreement. This study aims to find out the importance of understanding legal protection for the parties involved in the nominee agreement, as well as the judge's considerations in deciding the case of villa business management with a nominee agreement in Decision No. 129/Pdt.G/2021/PN. Amp. The research method used is normative juridical which involves the analysis of regulations and cases related to land ownership by foreigners through nominee agreements, and through literature studies and data access through journals, as well as the Internet. The results of this study show that the form of protection for the parties involved in the nominee agreement is that the interests of the parties can be protected if there is a basis to prove when negligence occurs as a result of a legally made agreement. Then the judge's consideration in Decision No.129/Pdt.G/PN. Amp is indeed in accordance with the provisions applicable in Indonesia, but there is still a void regarding the regulation of ownership of land and buildings on it which if not regulated in the decision will have the potential to cause illegal control by foreign citizens.
Legal Protection of Processed “Nasi Kapau” Products are Linked to Intellectual Property Rights (Study at Nagari Kapau, Agam Regency) Ulfanora Utama; Tasman
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.v5i2.1077

Abstract

West Sumatra is a province that has undoubted delicious cuisine that has gone global and is known as Minangkabau cuisine. One of the famous Minangkabau dishes is Nasi Kapau. Nasi Kapau is a traditional dish originating from Nagari Kapau and has special processed products that are different from dishes in the Minangkabau realm. In Law Number 20 of 2016 concerning Brands, the role of Brands and Geographical Indications is very important, especially in maintaining healthy, fair business competition, protecting consumers, as well as protecting Micro, Small and Medium Enterprises and domestic industry. In fact, there are already several Nasi Kapau dishes that have been registered with the Ministry of Law and Human Rights, such as Nasi Kapau Uni Lis.  The potential for not carrying out an inventory or recording it will give rise to legal problems, namely legal disputes. Various cases that have occurred bothclaim"The ownership of intellectual property by other people or other countries causes cultural losses and even loss of commercial value. The results of this research explain that First, Registration of the trademark on Nasi Kapau is an effort to avoid recognition by other countries which violates the ownership of the owner of the processed product. Second, Registration of the Kapau rice brand as a form of preservation carried out by the Nagari Kapau community for the advancement of Minangkabau culture in Indonesia. Third, The government encourages the public to register processed products in the form of kapau rice through individual brands and communal brands in the form of nasi Padang licenses. It is advisable for the people of Nagari Kapau to register their processed Kapau rice products in the form of a patent as a form of intellectual property rights protection in the form of appreciating their work for the sake of community welfare and a healthy business climate.
Juridical Analysis of Legal Protection for Creditors on Mortgage Rights Canceled by Decision Cassy Mercylia Tahir; Sriwati; Dinda Silviana Putri
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.v5i2.1078

Abstract

Mortgage is a guarantee in providing credit facilities and aims to protect the interests of creditors and debtors. The creditor can execute the object of Mortgage collateral if the debtor defaults. However, if the object of collateral experiences a dispute and the transfer of rights is canceled by a Court Decision, what are the legal consequences. The research method used is to use normative research that uses primary legal sources consisting of laws and regulations, legal principles, legal principles and legal doctrines on legal systematics related to answering problems in the subject of writing. From the results of the analysis and discussion that Bank BTN Persero is a good faith creditor in granting credit, and has been in accordance with standard operating procedures, and has not violated the laws and regulations, canceled Mortgage Rights by Court Decision does not cause the Debtor's debt to be canceled, the Creditor can take legal action for Wrongful Acts to request compensation for the actions that have been caused and request other assets / assets in exchange for Mortgage Rights that have been canceled previously by Court Decision.

Page 113 of 122 | Total Record : 1211

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