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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 1,073 Documents
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Enforceability of Arbitration Awards and Jurisdictional Uncertainty: A Study of Kompetenz-Kompetenz and Party Autonomy in PCA Case No. 2015-40 Marilyn, Sharon; P. Soemartono, Gatot
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.v4i4.432

Abstract

Ideally, arbitration is an alternative dispute resolution that frequently applies in subjects of international commerce. In fact, it is the determination of an issue without resorting to the court. The very first issue of concern that needs to be established in adjudicating any matter of arbitration is jurisdiction. Without doing so, no question of a substantive issue of a case can be addressed. In this case, several issues regarding jurisdiction came into question in the PCA case No. 2015-40 involving IMFA and The Republic of Indonesia. Thus, while the jurisdictional objections filed by the respondent were unanswered, the tribunal advanced and addressed the merits of the case. It was after filing its reply; therefore, this paper shall research the effect of such jurisdictional ambiguities on the enforceability of an award.The method in this paper is qualitative, based on existing literature, the principles of party autonomy, and kompetenz-kompetenz. The contention is that although technically possible to retain jurisdiction, it is not advisable to overlook such jurisdictional objections simply because the outcome is ambiguous and one sets a bad precedent.
Application Of Utmost Good Faith Principles In Resolving Insurance Claim Disputes In Indonesian Courts Musjab, Imam
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.v4i4.434

Abstract

The purpose of this study is to examine the Application of the Principle of Utmost Good Faith in the Settlement of Insurance Claim Disputes in Indonesian Courts. This study uses a normative juridical legal research method with a case approach to Decision Number 62/Pdt.G/2020/PN.Bpp and is analyzed using an evaluative method. The results of the study show that in the evidentiary process in court proceedings, each party must be able to prove that they have acted in utmost good faith. The insured must be able to show that they have provided complete and accurate information when applying for insurance policies, while the insurer must be able to prove that they have processed claims in utmost good faith and in accordance with the provisions in the policy. If there is any ambiguity in the contract, the court will interpret it in the manner most favorable to the insured (contra proferentem rule), provided that the interpretation is still within the corridor of applicable laws and regulations.
Market Domination Through Social Media and E-commerce Merger in Business Competition Law’s Perspective Esmeralda Ivana Rismauli; 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.v4i4.435

Abstract

The merger of social media and e-commerce has a significant impact on market competition. This study, “Market Domination Through Social Media and E-commerce in Business Competition Law’s Perspective”, analyzes the legal aspects related to the merger of two platforms, focuses on the legal implications for business competition. This research uses a normative legal approach to identify and analyze relevant legal regulations related to business competition and to evaluate whether the merger violates applicable legal principles. The results of this study are expected to provide a better understanding of the role of law in regulating the dynamics of the rapidly developing digital market, especially in the face of the phenomenon of mergers between social media and e-commerce. The legal implications of the merger between social media and e-commerce will be discussed, and the comparison of Indonesian and Singaporean Competition Law that creates recommendations for more effective legal policies to ensure protection against fair business competition and consumer interests. This study has highlighted the urgent need for Indonesia to modernize its competition law framework to effectively address the challenges and opportunities and to tackle the complexities and nuances of the digital landscape.
Kidfluencer: Child Exploitation In Digital Space In Terms Of Child Protection Law Fatmawati, Fahira; Lewoleba, Kayus Kayowuan
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.v4i4.437

Abstract

Kidfluencer from the words Kid and Influencer is the term used for children who are used as content on social media by their parents and get ad-sense or endorsements from various well-known brands that pay high prices. However, if this phenomenon is seen from a legal perspective, it has violated the child protection law which can be called economic exploitation of children, because it is the same as utilizing children’s labor for profit. The purpose of this study is to determine the factor that cause kidfluencer and the form of legal protection for victims of exploitation in the form of kidfluencer. This research uses a normative juridical method with a statutory approach. The results explain that the most contributing factor in the emergence of kidfluencers is the family factor, because their parents are influencers or artists so their children are included in it. Furthermore, Indonesia does not yet have a regulation specifically governing kidfluencers, causing uncertainty regarding whether kidfluencers are part of child exploitation in social media and which institutions are obliged to protect kidfluencers.
Airline Responsibility to Consumers for Damage to Luggage (Case study of PT. Lion Mentari Air) Anisa, Khairatun; Rizal, M.
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.v4i4.439

Abstract

Passenger losses for damaged luggage on air transportation are the responsibility of the airline because it has a legal relationship between the airline as a business actor and passengers as consumers. Baggage damage is a common problem in the Indonesian aviation industry. This is one of the risks of flying that is related to the maintenance of the airline's ground handling. Airplanes provide many facilities, one of which is baggage for storing passenger goods. Airplane baggage is divided into two categories: checked baggage and cabin baggage. Checked baggage, where passenger goods are handed over to the airline, and become the responsibility of the airline because consumers have given trust to the airline. Cabin baggage, on the other hand, is where the passenger's belongings are checked in with the passenger, carried directly by the airline passenger and is the responsibility of the passenger themselves. The airline's responsibility for lost baggage, especially checked baggage belonging to passengers, must be based on applicable laws to determine the responsible party, things that can be accounted for, the form of liability, the amount of loss, and other matters. Minister of Transportation Regulation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers is a national law that regulates the responsibility of air transport carriers to passengers.
Communication Media for the Indonesian Malay Cultural Traditional Council in Strengthening Politics in Langkat Regency Ahmad Muhajir; Zainun, Zainun; Efi Brata Madya
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.v4i4.447

Abstract

This study aims to analyze: (1) Analyzing What Communication Media are Used by the Indonesian Malay Culture Council in Strengthening Politics in Langkat Regency. (2) Activities and Da'wah Activities of the Indonesian Malay Culture Council in Strengthening Politics in Langkat Regency. (3) Communication Barriers Faced by the Indonesian Malay Culture Council in Strengthening Politics in Langkat Regency. This study uses descriptive methods and a qualitative approach. Using a qualitative approach, also known as the Naturalistic method, as this research is conducted in a natural setting. The results of the study show that the Communication Media used by the Indonesian Malay Culture Council in strengthening politics in Langkat Regency includes various communication media such as Interpersonal Media, Mass Media, and Social Media. The Da'wah activities of the Indonesian Malay Culture Council in strengthening politics in Langkat Regency encompass a variety of activities aimed at strengthening Malay cultural values ??and increasing political participation and awareness, including Da'wah Bil Kitabah, Da'wah Bil Lisan, and Da 'Wow Bill Hal. Communication barriers faced by the Indonesian Malay Culture Council include Technical Barriers, Semantic Barriers, and Human Barriers.
The Role of Orphanages In Empowering Abandoned Children Who Are Cared For at Orphanages Tjempaka, Tjempaka; Christy , Stephanie
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.v4i4.448

Abstract

Every child definitely wants genuine affection and attention from their parents and a place to live that can protect them, because they have the right to get all of that. However, not all children can feel what they want. Sometimes they are placed in orphanages for economic reasons or other reasons. This is a complex social problem that researchers want to address as research and the city chosen is the Aisyiyah Orphanage which is located in the Ngampilan area, Yogyakarta. The issues that will be raised are why the orphanage wants to accept babies/children to be entrusted to their parents and how does the orphanage empower the babies/children being cared for/entrusted so that when they reach adulthood they can be independent? The research methodology used is a qualitative approach which is then outlined in a descriptive method. Data collection was carried out by interviews. The results of the research show that to empower babies/children cared for in the Aisyiyah Sleman Orphanage, Yogyakarta is to provide education in general and provide skills that can support their future.
Legal Protection For Bus Passenger Consumers (Case Study of Bus Accidents in Guci, Tegal) Thoriq Umam Farisy; 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.v4i4.452

Abstract

Public transportation, particularly buses, plays a vital role in community mobilization due to their flexibility and accessibility. While public transportation offers many benefits, its operation isn't always flawless, as evidenced by the continued occurrence of public transportation accidents, especially involving buses. This research aims to investigate the legal protection available to consumers who experience bus accidents and determine the responsibility of bus business operators towards accident victims in Guci, Tegal. The research employs a normative legal method (normative juridical) supplemented with interviews. The approach utilizes both a statutory approach and a case approach. The form of legal protection in the event of a bus accident has been regulated in the UUPK and UULLAJ. In this case, the PO Mitra Duta Sejati has not fulfilled its full responsibility because there is still one of the victims whose rights have not been fulfilled, namely the right to receive road maintenance when injured as a result of the accident and compensation to the families of the victims who died, this is contrary to paragraph 235 (1) and (2) UULLAJ. Therefore, the victim's family has the right to receive compensation from the PO Mitra Duta Sejati. The amount of compensation can be obtained from a court decision or amicably by way of agreement between both parties, this provision is based on article 236 paragraphs (1) and (2) UULLAJ. With this research, it is hoped that if passengers experience a bus accident, they will be able to know the form of legal protection and the form of responsibility of business actors.
Problems of Determining Suspect Against a Deceased Person In The Investigation Process Jamaludin, Ahmad
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.v4i4.464

Abstract

Bringing judicial proceedings against the body or memory of a deceased defendant was once possible, but this is no longer possible in today’s world, as criminal actions must be stopped even before a deceased complainant is named as a suspect. This research aims to examine the criminal justice system in Indonesia regulating the status of cases against the determination of a suspect in a person as a witness/reported person who has first died. The research method used in this study is normative juridical. According to the findings of the study, the current Criminal Procedure Code cannot provide an adequate answer regarding the validity of the determination of a suspect against a deceased person, because it only states that the investigation must be stopped if the suspect dies, which implies that the suspect should have been determined during the investigation process. Therefore, lawmakers should make rules regarding the mechanism for investigations when the reported or suspected guilty person dies. Because in fact, the death of a person as a reported person suspected of committing a criminal offense requires the termination of the criminal case because the legal subject who should be held accountable for the criminal offense has died.
Job Creation Law: A New Perspective for Business Actualization of Business Competition and Its Link to Corruption Jonathan Andreas Sitorus; Handoyo Prasetyo
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.v4i4.473

Abstract

This research aims to find out how the criminal law on business competition applies after Law Number 6 of 2023 and find out how the actualization of business actors in unfair business competition is related to the potential for Corruption Crimes. This research uses a normative juridical method through a statutory approach and a conceptual approach. The results of this research are that Law Number 6 of 2023 eliminates the criminal threat of business competition in Law Number 5 of 1999, where this effort is limited to decriminalization without anything else behind it. Then, it was also found that the elimination of the criminal threat of business competition in Law Number 6 of 2023 does not necessarily eliminate the criminal threat of business competition behavior absolutely, it is still possible that there is a threat of criminal acts of corruption which is indicated by unfair business competition. This needs to get the attention of business actors, so in this case the importance of considering the principles of business judgment rules in determining business policies is emphasized in order to avoid this threat.

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