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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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Effectiveness Of Implementing Implementing Diversion For Children Who Are Committed To Narcotics Crimes Based On Law Number 11 Of 2012 Concerning The Child Criminal Justice System: Diversion For Children Who Are Committed To Narcotics Crimes Faizah, Salimatul; Mardian Yoel, Siciliya; Nur Chasanah, Nur Chasanah
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3111

Abstract

Abstrak: Penelitian ini bertujuan untuk menilai efektivitas pengalihan kasus anak yang terlibat dalam kejahatan narkoba berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak di Kota Kediri, dengan fokus pada mengungkap pencampuran antara norma hukum yang berlaku dan implementasinya. Metode yang digunakan adalah penelitian hukum empiris dengan pendekatan sosial-hukum, yang menggabungkan analisis normatif dan temuan lapangan. Data primer diperoleh dari statistik kasus narkoba anak di Kejaksaan Negeri Kota Kediri dan Unit Narkotika Kepolisian Kota Kediri periode 2016–2025, serta wawancara dengan petugas penegak hukum. Data sekunder meliputi undang-undang dan peraturan serta berbagai literatur hukum yang relevan. Temuan penelitian menunjukkan bahwa mekanisme transmisi kasus hanya diterapkan pada sebagian kasus kecil, sementara sebagian besar kasus narkoba yang melibatkan anak masih diselesaikan melalui transmisi. Secara empiris, situasi ini menunjukkan bahwa penularan kasus belum secara optimal memainkan peran utama dalam menangani kasus-kasus ini Beberapa faktor yang mempengaruhi meliputi persepsi pihak berwenang mengenai pelanggaran narkoba sebagai kejahatan serius, tidak adanya pedoman teknis khusus mengenai implementasi kasus narkoba, dan koordinasi antarlembaga yang tidak efektif. Penelitian ini diharapkan dapat memberikan kontribusi akademis berupa evaluasi empiris tentang efektivitas pengalihan kasus serta rekomendasi praktis untuk memperkuat perlindungan anak dalam sistem pidana anak. Kata kunci : pergeseran; perlindungan anak; melakukan pelanggaran narkoba; sistem pidana pidana anak
Authority of The Ministry of Law In The Dishonourable Dismissal of Notaries For Violations of The Code of Ethics Artini, Dewa Ayu; Senastri, Ni Made Jaya; Renaya, Nengah
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3112

Abstract

A Notary is tasked with carrying out a crucial role in society and is therefore required to always maintain their conduct, honour, and dignity as a public official. According to Article 16 letter a, a notary must safeguard the interests of the parties involved in legal processes and act in a trustworthy, honest, thorough, independent, and impartial manner. The objectives of this research include identifying and analysing the sanctions imposed on notaries by the Honorary Council for violations of the Code of Ethics, as well as the authority of the Ministry of Law in supervising notaries with regard to such violations. The type of research used in this study is normative legal research, applying the Statute Approach, Analytical and Conceptual Approach, and Case Approach. The synergy among supervisory institutions, continuous education, transparency, and an effective appeal system will enhance the effectiveness of oversight and professional discipline. For notaries, the researcher suggests that in carrying out their profession and position as public officials, they are expected to understand and comply with the provisions of the laws and regulations of the established Code of Ethics. The Ministry of Law can strengthen coordination and establish an integrated reporting system with the Notary Honorary Council in handling alleged violations of the Code of Ethics, ensuring that public reports are followed up promptly and transparently and to give open information on the status of reports, thereby increasing public participation in maintaining the integrity of the notarial profession.
Cimahi’s Parallel Diplomacy in Developing Cultural Tourism in Kampung Adat Cireundeu Zahra, Mayra Zahabiya; Azmi, Fuad
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3113

Abstract

This article examines how parallel diplomacy is practiced by the Cimahi City Government in developing tourism in Kampung Adat Cireundeu, a traditional village in West Java. In contemporary international relations, subnational actors and local communities increasingly engage in international activities to pursue their regional interests. Despite its cultural potential, tourism development in Kampung Adat Cireundeu still faces challenges related to promotion and limited international exposure. This research aims to analyze the forms of parallel diplomacy and to examine the roles of governmental and societal actors in supporting tourism development. The research employs a qualitative approach using semi-structured interviews with 6 key informants from government officials, indigenous community members, tourism actors, and visitors, supported by document analysis and digital research. The findings show that parallel diplomacy in Cimahi remains at an early stage and mainly occurs through exploratory interactions rather than formal international cooperation. Meanwhile, the indigenous community of Kampung Adat Cireundeu facilitates international interaction through cultural tourism activities, highlighting the importance of collaboration between local governments and community actors. These findings imply the need for stronger institutional support and strategic collaboration to enhance international exposure and sustainable tourism development.
Legal Implications of Changing Building Use Rights To Ownership Rights Saputra, I Komang Dedi; Senastri, Ni Made Jaya; Utama, I Wayan Kartika Jaya
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3115

Abstract

The transfer of Building Use Rights to Ownership Rights is an important aspect in the regulation of agrarian law in Indonesia, especially after the issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. In this study, the normative legal research method is used. Regulations related to the transfer of Building Use Rights to Ownership Rights are regulated in Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration. Provisions regarding whether or not a Building Use Right can be transferred are stated in Article 45 paragraph (2) of the Article as the basis or basis for someone to change their Rights from Building Use Rights to Ownership Rights. The change of Building Use Rights to Ownership Rights has been clarified in Article 94 of Government Regulation Number 18 of 2021. The form of implementation of Article 48 of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration and also as an effort to realize the government regulation. Determining priority rights over land in the form of Building Use Rights (HGB) that have expired depends on three factors: the subject of the rights, in terms of who submits the application for the rights, usually the subject of the rights whose name is recorded on the certificate (the former rights holder); the subject of the rights who submits the application must be able to prove that they are truly entitled to the land; and the land use is in accordance with the intent of the granting of the rights in question.
The Authority of Notaries in Executing Deeds Beyond Their Official Jurisdiction: A Study of the Principle of Territoriality and Legal Certainty Abrori, Khayan; Adjie, Habib
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3116

Abstract

This study aims to analyze the authority of Notaries in executing deeds outside their official jurisdiction based on the principles of territoriality and legal certainty. The issue arises because, in practice, some Notaries draft deeds beyond their designated jurisdiction as determined in their appointment decree, which normatively contradicts Article 18 of Law No. 2 of 2014 concerning Notary Office. This situation raises legal concerns regarding the validity of the deed and the accountability of the Notary as a public official. This research employs a normative juridical method with statutory, conceptual, and case approaches. The statutory approach examines the relationship between the territorial principle and the implementation of notarial authority. The conceptual approach explores theories of competence and legal certainty, while the case approach reviews several Supreme Court decisions addressing the overreach of notarial jurisdiction. The findings indicate that executing a deed outside the official jurisdiction constitutes an ultra vires act, reducing the authenticity of the deed and potentially rendering it void. Therefore, strengthening regulations and supervisory mechanisms by consistently applying the territorial principle is essential to ensuring legal certainty and protecting good-faith parties.
Notary Liability for Typographical Errors in Authentic Deeds from the Perspective of Legal Certainty Maydiaz, Nauval Ihza; Huda, Miftakhul
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3117

Abstract

Typographical errors in authentic deeds are often perceived merely as correctable administrative mistakes with no significant legal consequences. However, in practice, such errors may alter the substance of the legal agreement and potentially cause losses to the parties involved. This raises a critical question regarding the liability of notaries as public officials and the extent to which typographical mistakes may affect the legal certainty of authentic deeds. This study aims to analyze notary liability for typographical errors and its implications for legal certainty and legal protection of the parties. This research employs a normative juridical method using statutory, conceptual, and case approaches. The statutory approach examines the provisions of the Law on Notary Office (UUJN) regarding notarial responsibility. The conceptual approach discusses theories of legal liability and legal certainty as developed by Gustav Radbruch and Hans Kelsen. Meanwhile, the case approach reviews court decisions related to administrative errors committed by notaries in the drafting of deeds. The study concludes that typographical errors cannot always be deemed minor, particularly when they affect the substance of the deed. Notaries may be held liable when such errors result in legal uncertainty or losses for the parties. Therefore, the enforcement of the prudential principle and the establishment of corrective mechanisms are essential to ensure legal certainty and accountability in notarial practice.
The Duty of Notaries to Maintain Deed Confidentiality in the Perspective of Professional Ethics and Positive Law Hidayat, Andi Moh. Taufiq; Huda, Miftakhul
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3118

Abstract

The obligation of notaries to maintain the confidentiality of deeds is one of the core elements of their professional function as public officials. This duty derives not only from statutory provisions under the Law on Notary Office (UUJN) but also from professional ethics that protect the integrity of legal transactions and the privacy of the parties. However, in practice, notaries may face conflicting demands between safeguarding confidentiality and fulfilling legal obligations to provide information in judicial or administrative proceedings. This conflict creates a normative dilemma that requires further examination from the perspective of both positive law and professional ethics. This study employs a normative juridical method using statutory, conceptual, and case approaches. The statutory approach analyzes the provisions of the UUJN, the Notary Code of Ethics, and relevant laws governing confidentiality in legal services. The conceptual approach investigates the theories of legal responsibility, ethical accountability, and the principle of confidentiality as developed in professional legal doctrine. Meanwhile, the case approach examines judicial decisions in which notaries were required to disclose information or provide deed copies during litigation or law enforcement processes. These approaches aim to determine whether confidentiality is absolute or subject to lawful limitations. The research concludes that confidentiality is not an unrestricted right but a qualified duty bound by ethical standards and legal boundaries. A balance must therefore be struck between the protection of private interests and the fulfillment of justice in legal proceedings. To ensure legal certainty, a clearer regulatory mechanism is needed one that defines the scope of confidentiality, the proper procedures for request and disclosure, and the legal consequences for violations. Strengthening ethical awareness and regulatory clarity will reinforce the notary’s role as both a guardian of trust and a servant of the legal system.
Indonesia's Strategy to Build Geopolitical Identity as a Middle Maritime Power in the Indo-Pacific Through the World Maritime Axis (PMD) Policy in the Era of the Joko Widodo Administration (2014-2019) Rikko Yan Lado Ae; Roberto Octavianus Cornelis Seba; Indra Wisnu Wibisono
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3119

Abstract

This study analyzes Indonesia's strategy in building a geopolitical identity as a middle maritime power in the Indo-Pacific region through the Global Maritime Fulcrum (GMF) policy during the Joko Widodo administration (2014–2019). The background of this study is based on the increasing geopolitical dynamics of the Indo-Pacific as the epicenter of great power rivalry, which demands Indonesia to strengthen its strategic position and identity as an archipelagic nation. This study uses a descriptive qualitative approach based on literature studies with reference to Middle Power Theory as a theoretical framework, as well as the concepts of maritime geopolitics, the Indo-Pacific, and maritime diplomacy as conceptual frameworks. The study shows that the GAM does not only function as a maritime sector development policy, but also as a grand strategy in shaping Indonesia's identity as a middle maritime power.
Legal Certainty in The Preparation of Notarial Deeds By Appearers With Disabilities Who Are Unable to Sign Ramadhanty, Savira; Budianto, Agus; Soerodjo, Irawan
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3120

Abstract

Authentic deeds drawn up by Notaries as public officials with the authority to do so, with strict legal formalities and superior evidentiary power. In its application, the certainty of signatures and/or fingerprints by appearers with disabilities in deeds is questionable, as this has not been strictly regulated in the Law No. 30 of 2004 on Notary Position as partially amended by Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on Notary Position (“NOTARY OFFICIAL LAW”). The issues raised in this article are: How can legal certainty be ensured for persons with disabilities who are unable to sign and/or provide fingerprints before Notaries? And what is the ideal arrangement for persons with disabilities who are unable to sign and/or provide fingerprints before Notaries? The research method used is normative legal research, a type of research commonly conducted in the development of legal science, namely Legal Dogmatics ( rechtsdogmatiek ). The approach used is laws and regulations. The results of the study show that signatures cannot be affixed. According to the NOTARY OFFICIAL LAW, the reason for the inability to affix signatures must be stated clearly and explicitly at the end of the deeds. If the deeds cannot be signed and the Notaries do not provide a clear and explicit reason at the end of the deeds, this can reduce the probative value of the deeds to that of private deeds and will provide grounds for the aggrieved party to claim cancellation of deeds. Of course, rules such as these will not work if legal certainty is not incorporated into the resulting law. Furthermore, if problems arise in the future on the voidable deeds, Notaries cannot be held criminally liable simply for recording the information requested by the parties. In this regard, it is necessary to improve the regulations for implementing the provisions of Article 44 of the Notary Position Law to ensure that appearers with physical disabilities who have limited hand use can still perform legal actions before Notaries.
The Relevance of Certainty and Fairness to Notary Honorarium Values in the Notary Position Law Wangsa, I Gusti Agung Wisnu Satria; Suwitra, I Made; Utama, I Wayan Kartika Jaya
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3121

Abstract

This study discusses the regulation of notary fees in Article 36 of the Notary Law (UUJN) in relation to the principles of legal certainty and justice. The problem arises because this provision regulates the maximum fee, but does not provide clear parameters regarding economic and sociological values, nor does it regulate the minimum fee. This study uses a normative legal research method with a regulatory approach and a conceptual approach using primary, secondary, and tertiary legal materials. The results of the study show that the regulation of notary fees provides legal legitimacy for notaries to receive compensation for the legal services they provide and aims to provide legal protection for notaries and the public. However, the ambiguity of the norms in this provision has the potential to cause differences in interpretation and tariff competition between notaries. Therefore, the determination of notary fees needs to be done proportionally by taking into account legal provisions, professional codes of ethics, and social conditions.

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