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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 1,073 Documents
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Economic Potential of Traditional Cultural Expression From The Perspective of Indonesia’s Intellectual Property Righs Law Stevanny, Stevanny; Gunawan Djajaputra
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.v4i4.419

Abstract

Folk Songs are very vulnerable to be claimed by other parties, changed and/or re-sung inappropriately or deviating from the values ??of the traditional community. So it is important to conduct a research related to the protection of Folk Songs within the scope of Copyright Law in Indonesia.This research aims to gain knowledge by analyzing the regulation of Folk Songs in terms of Intellectual Property Law, especially Copyright and certainty regarding their commercial use which produces economic benefits. This study employs normative legal research techniques utilizing both conceptual and statutory approaches to comprehend legal facets through relevant literature and regulations. In accordance with the Explanation of Article 38 paragraph (1) of Law Number 28 of 2018 concerning Copyright, which states that the State holds creative rights and that other parties can implement copyright with permission from the creator or copyright holder in the form of a license agreement, this research shows that folk songs are one of the traditional cultural expressions. The Minister is authorized to execute license agreements on behalf of the State with other entities having a similar standing. Despite the issuance of Government Regulation Number 56 of 20222 concerning Communal Intellectual Property to carry out the mandate of Article 38 paragraph (4) Law Number 28 of 2018 concerning Copyright, the provisions regarding the procedures and implementation of this application have not been thoroughly regulated.
The Validity of Goods/Services Contracts Signed by Commitment Making Officials Who Do Not Have A Certificate of Competency Hermansyah, Hermansyah; Saleh, Mohammad
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.v4i4.420

Abstract

This research discusses the validity of goods/services procurement contracts signed by Commitment Making Officials (PPK) without a certificate of competence, in accordance with the provisions of Presidential Regulation No. 16/2018. This regulation requires PPK to have a certificate of competence by December 31, 2023, but many PPKs have not yet met this requirement. Through LKPP Circular Letter (SE) Number 1 of 2024, relaxation of this requirement is given, allowing the assignment of PPK from Other Personnel with basic certificates. This research uses a normative method with a conceptual and statutory approach, analyzing the legal implications of the relaxation. The results show that contracts signed by PPK without a certificate of competence can be considered "voidable" (vernietigbaar) according to Article 1320 of the Civil Code. This is due to the PPK's incompetence in fulfilling the required competency requirements.
Analysis of Banking Cessie, Novation and Subrogation From The Perspective of Civil Law Iin Selvina; 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.v4i4.422

Abstract

In daily life, banks play an important role as providers of funds in society. One of the facilities utilized in banking is credit. Funds provided in credit facilities represent bank assets with very high risk. Therefore, to mitigate the risk of non-performing loans, the bank will examine the debtor before the credit facility is granted, then a credit agreement will be made. Credit agreements can be terminated through payment or novation. However, in response to legal events, banks also recognize the existence of subrogation and cessie systems to manage risks. The findings of this study elucidate that, under the Civil Code, all forms of agreements must adhere to the terms of the agreement and principles such as pacta sunt servanda, consensualism, and freedom of contract. Despite the numerous patterns and variations in banking systems and facilities, adherence to positive law is imperative to ensure legal certainty and security for all parties involved.
Implementation of Community Policing by The Narcotics Investigation Unit of Polresta Bogor Kota In Drug Abuse Prevention Haminda Andea Nur; Monica Margaret
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.v4i4.423

Abstract

This study aims to describe the implementation of community policing in drug abuse prevention in Cikaret Village. This study uses a qualitative approach with a case study method. Data were collected through observation, interviews, and document study. The study findings indicate that community policing has been implemented by the Narcotics Investigation Unit through the Drug-Free Village Program. The program generally succeeded in reducing the intensity of drug abuse cases. This was driven by the establishment of partnerships between the police, the community, and stakeholders. The partnership between the police and the community is reflected in the empowerment of the community to become members of Drug-Free Village task force. There are obstacles in the implementation of the program, including the lack of community participation, limited budget to support positive activities, the lack of police approach with the surrounding community, and the low intensity of patrols by the police. Therefore, to streamline community policing, the synergy between the police, community, and stakeholders needs to be strengthened.
Legal Uncertainty of Administrative Sanctions in the Implementation of Digital Business: A Case Study of PT Sinergi Millenium Sekuritas Tiara Aprilia; Suherman, Suherman
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.v4i4.426

Abstract

This research aims to analyze administrative sanctions in digital business, particularly focusing on investment aspects involving PT Sinergi Millenium Sekuritas. The urgency of this study lies in the rapid development of digital business, which necessitates a graduated and progressive approach to administrative sanctions that can support overall digital business growth.The research adopts a normative legal approach, emphasizing conceptualization and relevant legal provisions. The practical application of administrative sanctions in digital business becomes relevant when examining how the OJK enforces administrative sanctions against PT Sinergi Millenium Sekuritas. In a specific case, OJK imposed an administrative sanction by revoking PT Sinergi Millenium Sekuritas' license due to the company's failure to include Equity Appendices and Agency Appendices in the Repo Agreement.The research findings highlight legal issues related to administrative sanctions in digital business, particularly the uncertainty surrounding their implementation. The key question is whether administrative sanctions should be applied immediately through license revocation or whether a gradual approach, starting from warnings to eventual license revocation, is more appropriate. The implication of administrative sanctions lacking legal certainty is the risk faced by digital business operators who fail to provide mandatory information or data in their digital operations. Consequently, they may face direct administrative sanctions, such as license revocation. However, it is essential to recognize that making license revocation the primary step in administrative sanctions could adversely impact the business climate. Therefore, further consideration is necessary regarding utility, value, and efficiency aspects when implementing administrative sanctions in the digital business context.
Legal Protection For Online Media Consumers In Default Cases Stevanny Rehulina Purba; Heru Suyanto
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.v4i4.427

Abstract

This research aims to know and understand the form of default by the seller to the buyer in the online buying and selling contract, as well as to know and describe the legal protection for buyers in the event that the seller defaults on the online buying and selling contract. type of normative juridical research with a statute approach and conceptual approach Data collection from secondary materials is carried out by library method and analyzed using qualitative methods. The result of this research is the occurrence of default by the seller to the buyer in the online sale and purchase contract due to the non-fulfillment of obligations by the seller, causing losses to the buyer. The seller breaks the promise as written in the contract. The seller's right is to receive payment according to the agreed price and time, while the seller's obligation is to deliver goods or services according to the agreement. The forms of default in online buying and selling agreements, viewed from the seller's side, include sending goods but not in accordance with what has been agreed upon and the absence of accountability. The form of prevention taken is what has actually been regulated in the UU-ITE, KHUPer, PP and other laws and regulations as a form of legal protection for consumers. As a form of understanding and knowing the legal protection of consumers who default on transaction users through online media focuses on legal settlements against default of transaction users through online media.
Consumer Protection Against Buying and Selling Transactions of Mobile Legends Diamonds on Instagram Platform Hutabarat, Josefid Keitharo; Andriyanto Adhi Nugroho
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.v4i4.428

Abstract

The high number of players in a game can be leveraged by certain individuals to make a profit. In games, there are digital items that can be bought and sold. For example, in the game Mobile Legends, there is something called diamonds. Besides being able to be purchased through Mobile Legends, diamonds are also widely sold in stores opened on Instagram. As its function, Instagram is a social media platform. Unlike Tokopedia or Shopee, which are E-Commerce platforms, Instagram does not have any responsibility for buying and selling activities that occur on its platform. This makes purchases through stores on Instagram more vulnerable to crimes such as fraud. Therefore, the existence of the Consumer Protection Law and ITE Law serves as protection for consumers who wish to engage in buying and selling transactions on social media platforms. This research used a normative juridical research method, wherein law served as the primary guide to examine theories and cases related to this study. The author used two approaches in conducting this research: the statutory approach and the case approach. The results of this study aimed to reveal that legal protection for consumers is regulated by consumer protection laws, thereby necessitating businesses to provide it to consumers.
The Distribution of Inheritance Rights To Heirs of Different Religions: Study of Court Decision Number 0554/PDT.P/2023/PA.SBY Icha Choerunnisa; 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.v4i4.429

Abstract

In Indonesia's multicultural society, inheritance issues frequently arise where family members may hold different religious beliefs. These differences often trigger social issues, including inheritance disputes that require legal handling. Indonesia, predominantly Muslim, has regulations such as the Compilation of Islamic Law that govern inheritance. Inheritance issues are particularly complex in cases of interfaith marriages. In the Compilation of Islamic Law, religious differences can pose barriers to inheritance, according to the majority of scholars. However, courts have adapted, based on jurisprudence No. 51K/AG/1999, regarding compulsory wills, allowing non-Muslim heirs to receive inheritance rights. The research focuses on Decision Number 0554/Pdt.P/2023/PA.Sby, which addresses a multicultural inheritance dispute, reflecting challenges in applying Islamic inheritance law in a multireligious context. This highlights the need for flexible and empathetic interpretation of the law to achieve social justice. This study employs a normative juridical method and finds that the analysis of Court Decision Number 0554/Pdt.P/2023/PA.Sby reveals that although Islamic law prohibits heirs of different religions from inheriting, courts can use ijtihad (independent reasoning) and consider fairness and societal values. In this context, compulsory wills can be a solution to grant inheritance to non-Muslim heirs. This decision reflects the legal flexibility in addressing religious diversity in Indonesia and underscores the importance of protecting the rights of heirs fairly.
Opportunities For Cyber Notary Implementation In A Legal Perspective Lili Julianti; Gunawan Djajaputra
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.v4i4.430

Abstract

The capacity of notaries to provide top-notch services that are quick, strategic, and community-solving is crucial in this age of fast-paced technological, informational, and communicative advancements. The usage of a cyber notary is one strategy for delivering timely and strategic services to the public. To be clear, the power to certify electronically performed transactions is the only one that now exists under the umbrella of "cyber notary," which refers to a system that notaries may employ to carry out their responsibilities and exercise their authority via electronic institutions. In accordance with the explanation of Article 15 paragraph (3) of Law Number 2 of 2014 on Amendments to Law Number 30 of 2004 on the Position of Notary (UUJN), this article aims to shed light on the possible capabilities of cyber notaries. Using a statutory approach, this study applies normative legal theory. Both Article 77 of Law Number 40 of 2007 about Limited Liability Companies and Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) deal with the electronic preservation of notary protocols. The minutes of the annual meeting of shareholders prove that cyber notary prospects really exist. Due to the Notary Position Law's lack of explicit regulation of the chances for creating deeds using electronic media, the implementation of cyber notary currently faces hurdles.
Equal Rights To Receive Legal Protection For Justice Collaborators (Bharada Richard Eliezer Case Study) Sitompul, Brisky Septian; Bambang Waluyo
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.v4i4.431

Abstract

This research project attempts to learn more regarding the Justice Collaborator and the progression of the Brigadier Yosua homicide investigation. This study utilizes prescriptive study findings, which addresses legal disputes that have come up and created disturbances in ordinary aspects of a community by using the provisions of beneficial law, or regulations, as the main frame of guidance. Officially identified as a judicial partner, Bharada E expects that the magistrate will take this consideration in the soon tobe conducted trial surrounding the FS-alleged killing or murder of Brigadier Yosua Hutabarat. Bharada E was granted the status of judicial associate for being willing to assist the justice system with determining the matter based on the truth of the matter. In order to provide crime for every party mindful of the use using justice accomplices seeks to reveal criminality networks, the people within them, and their reasons for the offenders. Another tactic utilized by the government to strengthen the disincentive impact on violators is to impose remitted requirements.

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