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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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Responsibility of Foundation Organs As a Result of Unlawful Acts in The Organization of Higher Education Foundations Zulkarnain, A.
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.v4i4.393

Abstract

This research focuses on the Responsibilities of Foundation Organs as a Result of Unlawful Actions in the Implementation of Higher Education Foundations. The research method used is Normative Juridical with a statutory, theory/concept, case approach, which is related to the implementation of higher education foundations. Then the data used is secondary data in the form of primary and secondary legal materials. The results of this research show that a form of unlawful action by foundation organs related to the management of Higher Education Foundations is accepting the distribution or transfer of foundation assets as intended in Article 70 paragraphs (1) and (2) UUY No. 16 of 2001 which has been amended by Law. No. 28 of 2004, embezzling money from foundation assets as regulated in Article 372 of the Criminal Code, making agreements with organizations or other parties affiliated with the founder or other foundation organs without the approval of the Trustees the foundation, deviated from its duties and authority as a foundation organ, as regulated in the UUY and in the foundation's AD/ART. Actions against the law by foundation organs harm the foundation and related third parties. As for The responsibilities of Foundation Organs related to unlawful acts in the management of the foundation are criminal responsibility in the form of imprisonment and/or/ fines, and civil responsibility in the form of compensation both individually and jointly, as well as administrative responsibility in the form of reprimand sanctions up to dismissal from position as a foundation organ. It is recommended not to establish a higher education foundation if the founder or foundation organ wants to seek personal or group profit because it conflicts with the aims and objectives of the foundation. Suitable means for seeking personal or group profits are through Limited Liability Companies (PT), Firms, Trading Businesses (UD) and the like.
Paradigm for the Recruitment of Supreme Court Judges by the House of Representatives is Part of Constitutional Political Intervention Ali Murtadho, Nazhif
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.v4i4.394

Abstract

The pattern of recruitment of Supreme Court justices which is constitutionally regulated in Article 24A paragraph (3) requires that the nomination of Supreme Court judges is carried out through a nomination mechanism that has been carried out by the Judicial Commission to be approved by the DPR and determined by the President as part of the check and balance concept. However, in such a mechanism it actually confronts a paradigm in which the concept of checks and balances that is presented actually intersects with the concept of independence from the judicial power itself. So by using the literature study or library research method, a conception is obtained that so far the concept of checks and balances has not been placed in the right realm. So that it often creates a problem that intersects one authority with another, including in the realm of the mechanism for the recruitment of Supreme Court justices. So it is important to understand how the conception of Article 24A paragraph (3) is the legal basis for the pattern of recruitment of Supreme Court justices. As well as occupying the concept of the independence of the Judicial Commission in an effort to create accountable supreme justices.
Legal Protection for Notaries in the Backdoor Listing Process Based on Capital Market Law in Indonesia (Study of PT Pantai Indah Kapuk Dua Tbk) Ranti, Viani Chrisanta; Adam, Richard
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.v4i4.395

Abstract

Notaries as defined by Law Number 30 of 2004 amended by Law Number 2 of 2014 are public officials authorized to create authentic deeds and play a critical role in capital market transactions. In Indonesia, the capital market is governed by Law Number 8 of 1995, which serves businesses to raise funds, with Initial Public Offerings (IPOs) being a common method. However, due to the high cost and lengthy process through IPOs, companies often seek faster and more cost-effective alternatives such as backdoor listings. The backdoor listing process involves a company becoming public by acquiring an already listed company without undergoing the IPO process. This study uses a normative legal research method to analyze primary and secondary legal materials to provide a comprehensive understanding of this topic. Despite its cost efficiency compared to traditional IPOs, backdoor listings still have legal uncertainties. Notaries, who are crucial in this process, require legal protection to ensure compliance and professionalism. This highlights the need for specific regulations governing the backdoor listing process. Ensuring the legal protection of notaries is essential for maintaining the integrity of capital market transactions and providing a secure environment for all parties involved.
Legal Analysis of Bank Accounts With Children's Names As Customers Silvester Magnus Loogman Palit; William Hendrik Reba; Tumian Lian Daya Purba
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.v4i4.397

Abstract

This research, entitled Legal Analysis of Bank Accounts with Children's Names as Customers , was carried out at several Jayapura City Bank branches. The methods used in this research are normative juridical and empirical juridical . The problem of this research is how children as customers can be said to be competent according to the legal rules of agreements related to opening bank savings accounts; Then, is it worth continuing to open an account with a child as a customer as an offer that is in accordance with the subjective requirements of the depositor? So this needs to be researched because there are still banking products that offer savings to child customers . It is hoped that this research can provide input to banks regarding their savings product offerings and knowledge for the people of Jayapura City . There is no uniformity in Indonesian law, the age limit for adult children is determined by the child's actions. One way to protect parties (child customers) who are not yet able to realize their actions and the extent of the legal consequences of their actions is to limit their ability to act.
Application of The Journalistic Code Of Ethics For Press LPM Dynamics State Islamic University of North Sumatra In News Matondang, Razkiatul Fitri; Anang Anas Azhar
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.v4i4.398

Abstract

This research was conducted to analyze how the application of the journalistic code of ethics for Journalists of the Student Press Institute (LPM) Dinamika UIN SU in the news about the campus. Due to detected violations in applying the journalistic code of ethics in a campus news. This research uses a descriptive qualitative approach with interview and observation techniques. This research was conducted at the secretariat of LPM Dinamika UIN SU which was attended by 6 informants. The results of this study first, LPM Dinamika has implemented a journalistic code of ethics as a reference or guideline in making and publishing news about campus that refers to article 4. However, there are campus journalists who do not fully understand the journalistic code of ethics, especially in article 5. Second, to prove that all campus news is honest and can be accounted for, LPM Dinamika verifies information by keeping an archive of interviews or evidence of events. Third, the challenges faced by LPM Dinamika internally are the lack of understanding of journalists in the application of the journalistic code of ethics and the external challenge of the destruction of the LPM Dinamika secretariat. Fourth, the solution to the challenges faced is that LPM Dinamika provides training on understanding the journalistic code of ethics and processing journalistic language in campus news properly.
Juridical Analysis of the Position of Actors "Participating in Carrying Out" in the Distribution of Illegal Drugs Based on Law Number 36 of 2009 Regarding Health (Study Decision Number 210/Pid.Sus/2023/PN Kwg) Syahida, Nadia; Guntara, Deny; 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.v4i4.399

Abstract

The purpose of this research is to determine the regulations regarding Medeplegen's participation in Indonesian criminal law and to analyze criminal penalties for perpetrators of participation in the distribution of pharmaceutical preparations of illegal drugs. illegal in District Court Decision Karawang Number 210/Pid.Sus/2023/PN Kwg. Indonesia is a legal country that prohibits the circulation of pharmaceutical preparations or drugs forbidden without permission especially drugs the enter into the Psychotropic and Narcotics categories. But in reality, there are many distributors of pharmaceutical preparations in the form of drugs classified as psychotropics and narcotics without permits or illegally. Most of them do it not alone but in collaboration. This is included in the act of participation (Delneming), and then the party participating is called Medeplegen, as is the case in Decision Number 210/Pid.Sus/2023/PN Kwg. Qualitative and normative legal approaches are used as research methods taken from literature or material obtained from library research, and research specifications use analytical descriptive. The results of the research are: (1) That the distribution of pharmaceutical preparations with inclusions violates Article 197 of Law Number 36 of 2009 concerning Health, "taking part" or "participation" (Medeplegen) is regulated in Article 55 of the Criminal Code, and in terms of the element " inclusion” namely in the form of conscious cooperation (bewuste samenwerking). (2) There is a difference between the application of the law and the reality of the verdict in Decision Number 210/Pid.Sus/2023/PN Kwg, where the amount of the fine is less than that stated in Article 197 of the Health Law, but the author sees and appreciates the considerations The Panel of Judges and pay attention to considerations regarding mitigating circumstances for the Defendant.
The Effectiveness of Criminal Sanctions in Stopping Smuggling of Lobster Seeds in Indonesia Nining Yurista Prawitasari; Rad Cloud Dirgantoro Kesumojati
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.v4i4.400

Abstract

Indonesia is a country that has wide seas separating one island from another, so smuggling can often occur considering the fact that Indonesia has very interesting marine products. Using illegal methods, marine biota becomes increasingly scarce, causing state losses of up to trillions of rupiah. The aim of this research is to find out the regulations regarding the prohibition of catching lobsters and the application of sanctions for the criminal act of smuggling lobster seeds. The research method used is normative juridical, this research was carried out by reviewing the applicable legislation and its application to a legal problem. The research specification used is the descriptive analysis method, namely a research method that describes phenomena or events based on existing facts, which is then linked to legal theory. Guidelines for catching lobster seeds are regulated in the Minister of Maritime Affairs and Fisheries Regulation Number: 16/PERMEN-KP/2022 concerning Management of Lobsters (Panulirus Spp.), Crabs (Scylla Spp.), and Crab (Portunus Spp.) in the Territory of the Republic of Indonesia.
Protection of Notary Employees In Deed Making Agreements That Are Legally Defective In Terms of Law Number 13 Of 2003 About Employment Regina Christhalia; Mella Ismelina Farma Rahayu
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.v4i4.401

Abstract

This research aims to examine how the protection given to notary employees in the event of making deeds that are legally defective is reviewed based on Law Number 13 of 2003 about employment and also regarding the responsibility of notary employees for deeds that are legally defective. This research journal uses a normative juridical research approach. Sourced data from laws and other literature data. The result of the research conducted is that the protection of notary employees has not been specifically regulated in the Notary Profession Law (Undang-Undang Jabatan Notaris), but from what has been described previously, it confirms that labor or worker is very necessary to get protection and has an important role that is needed as well as notary employees who are included as labor and also witnesses in carrying out various tasks are very necessary to get protection so that the welfare and justice for notary employees can be properly guaranteed. Therefore, the author is interested in writing a research with the title Protection of Notary Employees in Legal Defective Deed Making Agreements Reviewed from Law Number 13 of 2003 about employment.
Preparation of Regional Regulations in the Context of Implementing the Content of Presidential Regulation Number 38 of 2015 concerning Cooperation Agreements between Government and Business Entities in the Provision of Infrastructure Kurdi; Cut Zulfahnur Syafitri; Prita Amalia; Wardhana, Yuki M.A
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.v4i4.404

Abstract

Government cooperation with business entities (PPP) provides many benefits in infrastructure development. however, the content material of the existing PPP legal basis is not suitable for implementation in the regions due to differences in budget availability. in connection with this, it is necessary to implement the content material of the presidential regulation in the form of regional regulations. this research uses a type of normative juridical research conducted by examining various previously available sources. in connection with this, in order to facilitate the analysis of legal sources, the author also uses statutory and conceptual approaches in this research. The result of this research is that presidential regulation number 38 of 2015 which discusses PPP has covered various matters like a law and actually the local government has a clear legal basis in order to pour the content material contained in the presidential regulation which the legal basis is contained in the basic law, the law even in the presidential regulation which discusses PPP itself so that the local government should be able to pour the material of the presidential regulation in the form of regional regulations.
Building Social Construction and Tolerance In Customary Communication Law Communities (Study of Local Wisdom of Malay Tribes) Marwan, Marwan; Alamsyah, Alamsyah
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.v4i4.405

Abstract

The purpose of this study is to find the meaning and positive role of the culture of "Urang Kita" and Pi'il Pesenggiri among the Banjar and Lampung tribal communities and the Lampung community in building tolerant attitudes between groups and religious communities in Kuala Tungkal Jambo and Lampung. The next goal is to explore opportunities for the value of these traditions in building and affirming tolerant and moderate life in society Indonesia is plural today. This research was conducted using a descriptive qualitative approach using a review system that summarizes the results of primary research to present more comprehensive and balanced facts to find a description of a problem or topic under study. Data collection techniques are carried out by collecting various documents related to the focus of research. The data that has been collected is then studied in depth to find out reliable research results. Based on the discussion and analysis in several chapters above, the results of this study are concluded as follows: Tolerance is one of the important attitudes in forming a peaceful and serene life to build a just, prosperous, developed and prosperous society. Tolerance has been a culture of the Indonesian nation since time immemorial, and this attitude is increasingly needed and must be strengthened in the modern era when Indonesian society is more diverse and faces challenges from various ideologies and foreign cultures. One strategic and important approach in building tolerance and preventing divisive identity politics is through local wisdom, namely the values that live and are practiced by tribal communities in the archipelago, such as the Banjar community in Kuala Tungkal Jambi and the Lampung Pepadun community in Tulang Bawang Lampung. One of the traditions of local wisdom of the Banjar people in Kuala Tungkal Jambi refers to or greets other groups outside the Banjar tribe with the term "Urang Kita" or "Our Brothers". With this expression, the Banjar tribe calls or mentions and acknowledges the existence of other tribes, but they are still called as "Brothers". Other groups outside the Banjar tribe can be Malays, Bugis, Javanese, Batak, etc., both Muslim and non-Muslim. While the tradition of local wisdom of the Lampung tribe is in the values of life, especially "Pi'il Pesenggiri", which teaches to respect guests, protect and require honor as a condition for doing good. Committing bad or unethical acts is considered a violation of self-esteem or "pi'il", therefore guests or other groups should be protected or respected. Tolerant attitudes must continue to be built and strengthened as a basis for realizing a just, prosperous, prosperous country within the framework of the Unitary State of the Republic of Indonesia that is peaceful and upholds human values.

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