cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
Kota tangerang selatan,
Banten
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
 14   15   16   17   18 
The Principles of Legal Certainty for Land Rights After Natural Disaster in Indonesia Rachmah, Andriana; Sudiro, Amad
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.v4i4.507

Abstract

This paper explores the principles of legal certainty for community land rights in the subsequent to the occurrence of catastrophic natural events in Indonesia, it probes into the intricacies of land ownership and the challenges faced by communities when their lands are devastated by natural calamities. The research scrutinizes the jurisprudential structure of Indonesia, its efficacy, and the lacunae present in the protection of property rights amidst such calamities. It additionally deliberates on the functions of governmental and non-governmental entities, and international bodies in ensuring legal certainty for affected communities. The paper concludes with recommendations for policy changes and legal reforms to augment the safeguarding of communal property rights in the advent of catastrophic natural events. This research contributes to the discourse on land rights and legal certainty, providing valuable insights for policymakers, legal practitioners, and disaster management agencies.
Juridical Study of Problematic Overlapping Land Ownership Status in Indonesia Pahrazi, Raihan; Farma Rahayu, Mella Ismelina
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.v4i4.508

Abstract

Land rights, including cultivation rights, are an important aspect of a country's economic and social development. However, the complexity in implementing land rights is often a source of problems, especially related to overlapping land ownership and use status. Cultivation rights are a form of land right that has a primary nature. This means that this right gives permission to the holder to use the land in accordance with the specified purposes. The process of land registration and issuance of certificates by the National Land Agency (BPN) should provide clarity regarding ownership of land rights. However, in practice, there are still overlapping land ownership statuses which give rise to various problems. This problem involves land registration policies which are not yet fully capable of providing legal certainty for certificate holders. A land registration system that uses a negative approach, where land certificates are not an absolute means of proof, complicates the process of resolving land disputes. The impact is felt on people's lives, where land certificates become proof of ownership that has economic value. Concrete steps are needed to ensure clear land ownership and no overlap. This includes improving the land registration system, increasing coordination between relevant institutions, as well as outreach to the public about the importance of having a valid land certificate. The problem of overlapping land ownership is a serious challenge that needs to be addressed immediately. With cooperation between stakeholders and concrete steps, it is hoped that legal certainty in land ownership can be created, which will ultimately support sustainable development and community welfare.
Legal Consequences of an Unregistered Marriage Agreement From a Marriage Agreement Deed Canceled by The Supreme Court (Case Study of Marriage in The Decision of The Supreme Court Number 598/PK/PDT/2016) Handayani, Widya Anggayesti; Djajaputra, Gunawan
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.v4i4.509

Abstract

In Indonesia, a marriage agreement is regulated in Article 119 of the Civil Code and Article 29 of Law Number 1 Year 1974 concerning marriage. The marriage agreement is made by a notary as an authorized party and legalized by the marriage registrar. However, there are often problems related to marriage agreements, especially when they are not recorded by the marriage registrar. Meanwhile, the recording of a marriage agreement has an important urgency for each party, which provides justice, certainty, and legal benefits. The non-recording of a marriage agreement by a marriage registration officer will have legal consequences, one of which is the potential for legal problems that lead to disputes over joint property after divorce. This research analyzes how the importance of recording a marriage agreement and its legal consequences through Supreme Court Decision Number 598 PK/Pdt/2016 with a normative juridical approach. The results show that the marriage agreement can still be canceled because it does not meet the formal requirements of the provisions of Article 29 paragraph (1) of the Marriage Law, namely the element of being legalized by a marriage registration officer. The legal effect is that the assets obtained during the marriage must be separated and divided equally.
Juridical Study of Falsification of Power of Sale Deed Made by A Notary Public Official in The Sale and Purchase Without The Consent of The Certificate Owner Gemilang, Wita Anugrah; Farma Rahayu, Mella Ismelina
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.v4i4.510

Abstract

Forging a power of attorney deed has serious consequences, including: Legitimate property owners can lose their valuable assets without receiving compensation. It can also cause major financial losses to well-intentioned buyers. A power of attorney deed is a legal document that authorizes someone to sell property on behalf of the legal owner, and is usually made by a notary. Forgery of these documents can occur in various ways, such as forging signatures, using fake identities, collaborating with other parties to manipulate data, or involving corrupt notaries. Forgery of power of attorney deeds has serious impacts, both in the legal and economic realms. In the legal realm, legal owners can lose rights to their property without their knowledge, and the legal process for restoring rights is lengthy and complicated. To prevent forgery of power of attorney deeds to sell, several steps can be taken, including: Notaries must carry out strict verification of the identities and supporting documents of the parties involved in the transaction, including the use of biometric technology and digital verification systems. Increase training and awareness for notaries and their staff regarding document forgery techniques and how to detect them. Development of an integrated information system that allows notaries to check the validity of land certificates and related documents in real-time.
Legal Protection for Good Faith Buyers in Land Sale and Purchase Transactions (Study of Decision Number 3915 K/Pdt/2022) Irene, Irene; 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.v4i4.511

Abstract

Land is an essential need for humans. Because it is used to fulfill basic human needs such as shelter and food production. Land is used to meet human needs. Soil is an important part of human life. What needs to be understood is that land is a place to live, as a means of residence and humans obtain land by managing and utilizing land as much as possible. In the utilization and acquisition of land, of course there is government involvement and authority. In writing this thesis, the author raised a dispute case originating from the Supreme Court Court Decision Case Number 3915 K/Pdt/2022. Initially, the Plaintiff (PT Grow Selamat Makmur) and the Defendant (PT Surya Cipta Khatulistiwa) were involved in a sale and purchase agreement for 24 plots of land in Bogor Regency through Deed No.05 dated 16 July 2018. These lands had title certificates, including Title Certificates. Building Use and Use Rights Certificates, with details of 15 Building Use Rights Certificates and 9 Use Rights Certificates. In this agreement, it was agreed that the land price would be Rp. 550,000/m2, as well as payment procedures which reach a total of Rp. 119,560,000,000, although the land area has not been re-measured by the local Land Agency, the Buyer (Plaintiff) has paid the price according to the agreement. Based on the problems studied, the type of research is normative legal research, where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for human behavior that is considered appropriate. Normative legal research refers to legal norms contained in regulations or laws related to Supreme Court Decision No. 3915 K/Pdt/2022.
Increasing Public Legal Awareness of Land Certificate Ownership Rangga Pamungkas, Muhammad Ilham; Djajaputra, Gunawan
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.v4i4.512

Abstract

A land certificate is considered a legal land identity, providing authentic, inviolable proof of land control by the community. This certificate is an important piece of evidence in the legal realm, in accordance with the provisions stipulated in government regulations. The findings show that land certificates have high legal force, allowing them to be used in various financial transactions such as loans and credit. However, in Nagari Pasia Laweh, there are several factors that hinder the ownership of land certificates, including a lack of public understanding of the importance of land certificates and uncertainty regarding land ownership or transfer of ownership. Efforts are needed to increase civic knowledge and public legal awareness regarding ownership of land certificates. One of the efforts made is through outreach and the Complete Systematic Land Registration (PTSL) program. PTSL is a program that aims to provide legal certainty over land to the community at affordable costs, as well as to prevent land disputes and conflicts. Through socialization and the PTSL program, it is hoped that the community can increase awareness of the importance of owning land certificates as proof of land rights and maintaining the stability of land administration.
Legal Certainty For Holders of Land Rights Over The Issuance of Multiple Certificates Iskandar Soewito, Rizal; Djajaputra, Gunawan
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.v4i4.513

Abstract

One of the fundamental principles of the rule of law is the guarantee of legal certainty and legal protection of the rights of citizens. Laws and regulations in Indonesia, including the 1945 Constitution and Government Regulations, emphasize the state's interest in regulating the use and utilization of natural resources, including land, for the public interest and prosperity of the people. However, land is often a source of complex disputes because of its limited quantity and importance for human life. Land registration or land registration is an important step in providing legal certainty regarding land ownership. Through regulations, the government determines procedures and procedures for carrying out land registration, including collecting physical and juridical data and issuing land title certificates. However, there are still challenges and obstacles in implementing land registration, including the issuance of multiple certificates. Internal and external factors such as maladministration, lack of public knowledge, and the high rate of development can cause the issuance of double certificates. Legal protection is needed to ensure legal certainty for owners of land rights, including in resolving multiple certificates through a fair and just legal process. Regulations regarding land registration and land rights certificates also provide a time limit for parties who feel they have rights to land to submit objections, thus providing legal certainty for land rights holders. Land certificates play a dual role as a State Administrative Decree (KTUN) and proof of civil rights to land, so that the resolution of disputes regarding land certificates can be carried out through two different judicial channels.
Involvement of Notaries Who Commit Unlawful Acts in Making Deeds of General Meeting of Shareholders and Its Legal Consequences (Case Study of Supreme Court Decision Number 2826 K/Pdt/2021) Wulandari, Dewi; Gunadi, Ariawan
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.v4i4.542

Abstract

The RUPS is the highest forum for making company decisions for the benefit of various parties, where shareholders have the opportunity to express opinions, vote, and make decisions regarding company policies. In the GMS, a notary plays a role in making the minutes of the GMS, which records and formulates the entire course of the GMS containing all decisions taken during the meeting, including the results of voting and discussion. The minutes must be signed by the notary and the chairperson of the meeting for legal certainty. In addition, the notary is responsible for ensuring that the GMS is conducted in accordance with applicable regulations, both in terms of form and substance. The notary must verify the validity of the meeting invitation, quorum, and voting rights of the shareholders. However, notaries are often negligent in performing their duties and authorities, which can be categorized as unlawful acts. This research is intended to analyze unlawful acts committed by notaries and the legal consequences arising therein for companies through Supreme Court Decision Number 2826 K/Pdt/2021, using normative juridical methods. The results showed that the unlawful act committed by the notary through the decision was negligence in verifying the results of the GMS due to the absence of the notary in the quorum. This resulted in the actions of a person who served as Director and President Director whose appointment was invalid. This made the notary involved as a defendant in the case and subject to civil sanctions.
The Role of The National Land Agency in Preventing and Setting Land Disputes in Indonesia Purnama, Dwi; Khasanah, Dian Dewi
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.v4i4.543

Abstract

Land holds a vital role in Indonesia, yet its management faces complex challenges, including land disputes involving individuals, communities, government, and corporations. This research aims to analyze the role of the National Land Agency (Badan Pertanahan Nasional, BPN) in preventing land disputes in Indonesia and to identify the challenges and obstacles faced in the process of resolving land disputes. This study employs a normative legal research method with a legislative and conceptual approach, examining various primary, secondary, and tertiary legal sources through a literature review. Data analysis is conducted qualitatively using descriptive-analytical methods, involving legal interpretation and evaluation of the effectiveness of BPN's role in preventing and resolving land disputes. The results of the research indicate that the National Land Agency (BPN) plays a crucial role in preventing and resolving land disputes in Indonesia through various programs and strategies but faces complex challenges. BPN implements programs such as systematic land registration, the development of an integrated land information system, and agrarian reform to create better land administration. However, BPN also encounters obstacles such as the complexity of disputes, overlapping authorities, resource limitations, conflicts with customary law, and the politicization of land disputes. The diversity of these issues requires different approaches and often involves various parties with conflicting interests, while BPN must contend with resource constraints and a legal framework that does not fully accommodate the complexity of contemporary land issues.
Personal Data Protection Violations By Fintech Lending in Indonesia Nurul Insi Syahruddin; Eva Achjani Zulfa
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.v4i4.414

Abstract

The development of increasingly modern technology has changed the pattern of human behavior and work methods, which were initially conventional and then digitalized, one of which is marked by the presence of financial technology (fintech) lending. The rise of fintech lending development also has a negative impact, one of which is in terms of processing the personal data of fintech lending users. Hence, the Financial Services Authority formed POJK 10/2022. In connection with this, the PDP Law has also come into force in Indonesia. This paper aims to look at personal data protection violations by fintech lending, considering that two institutions have the authority to handle these violations. The method used is doctrinal legal research. The approach used is the statute approach. The results showed that to supervise fintech lending, it is necessary to classify its position first. If fintech lending is an LPBBTI organizer, it is supervised by OJK. Meanwhile, if fintech lending is the controller of personal data, it is supervised by the PDP Authority. As for reports or complaints of allegations and/or violations of personal data protection committed by fintech lending; examination and investigation of complaints of alleged violations of personal data protection; and imposition of administrative sanctions for violations of personal data protection by fintech lending are the authority of the PDP Authority, not OJK.

Page 16 of 108 | Total Record : 1073

 14   15   16   17   18 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024) Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024) Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024) Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023) Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023) Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023) Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023) Vol. 3 No. 1 (2022): (JLPH) Journal of Law, Politic and Humanities (November 2022) Vol. 2 No. 4 (2022): (JLPH) Journal of Law, Politic and Humanities (August 2022) Vol. 2 No. 3 (2022): (JLPH) Journal of Law, Politic and Humanities (May 2022) Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022) Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021) Vol. 1 No. 4 (2021): (JLPH) Journal of Law, Politic and Humanities (August 2021) Vol. 1 No. 3 (2021): (JLPH) Journal of Law, Politic and Humanities (May 2021) Vol. 1 No. 2 (2021): (JLPH) Journal of Law, Politic and Humanities (February 2021) Vol. 1 No. 1 (2020): (JLPH) Journal of Law, Politic and Humanities (November 2020) More Issue