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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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Criminal Aspects at the Stages of Registration, Verification and Determination of Political Parties as Candidates for Election Contestants Riezka Eka Mayasari; La Ode Awal Sakti; Irsan Rahman; Faisal Herisetiawan; Muhamad Aksan Akbar; Yeni Haerani; Basrawi, Basrawi
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.v4i4.417

Abstract

This research is motivated by the many forms of criminal acts at each stage of the General Election, one of which can occur at the stages of registration, verification and determination of political parties as potential election participants, as well as different law enforcement mechanisms for election crimes and other criminal acts. It is important to carry out this research with the aim of finding out criminal acts that arise during the stages of registration, verification and determination of political parties as candidate participants in the election and to find out the law enforcement process for criminal acts that occur. The method used in this research is empirical normative which was carried out with literature studies and field studies carried out by the Kolaka Regency Integrated Law Enforcement Center. The results of the research show that the criminal aspects at the stages of Registration, Verification and Determination of Candidates for Election Contestants include criminal acts regulated in the provisions of Article 518 of Law Number 7 of 2017 concerning General Elections (not following up on the findings of Bawaslu, Provincial Bawaslu and/or Regency Bawaslu/ City in carrying out verification of political parties as candidates for Election Contestation), Article 263 of the Criminal Code (Forgery of Documents) and Article 67 of Law Number 27 of 2022 concerning Protection of Personal Data (UU PDP) as well as law enforcement for election crimes is different from criminal acts in general, which using the concept of speedy trial. The things that differentiate include the mechanism for investigation, prosecution and trial which is carried out quickly, can be carried out without the presence of the defendant (in absentia), and legal action can only be taken at the appeal level. In the implementation of handling election crimes at the Kolaka Regency Gakkumdu Center, starting from the Report/Findings Stage, Initial Study, First Discussion, Clarification, Study of suspected violations, Second Discussion, Plenary Meeting, Investigation, Third Discussion, and Prosecution.
The Importance of Specifying The Plaintiff's Boundaries In The Legal Regulations Concerning The Environment In Indonesia Sulistyowati, Sulistyowati; Otong Rosadi; Ahwan Fanani; Dewi Nadya Maharani
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.425

Abstract

It is important for the government to be actively involved in creating a balanced ecosystem, with the role of the community being a key factor. To maximize the community's contribution, it is recommended that environmental laws grant legal status to non-governmental organizations in this field, enabling them to file dispute resolution applications in the Administrative Court. Non-governmental organizations with legal status that emphasize their goal of preserving the environment can file lawsuits in court, as explained in Decision No. 41/G/LH/2018/PTUN. PBR in the Administrative Court of Pekanbaru, serving as the main subject of this research with a normative juridical approach. In conclusion, challenges arise when the scope of non-governmental organizations in filing lawsuits is too broad, resulting in multiple interpretations and potential harm to other parties. The suggestion is to revise the Environmental Law to address the legal standing limitations of non-governmental organizations as plaintiffs in the Administrative Court, making it more effective in enforcing the law and maintaining ecosystem balance.
The Judicialization of Politics on the Testing of the Constitutionality of the Age Limits of Presidential and Vice Presidential Candidates by the Constitutional Court Khan, Azizah Ratu Buana; Agustin, Ruli
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.v4i4.433

Abstract

The phenomenon of the Judicialization of Politics within the Constitutional Court can be seen in the differences in several decisions of the Constitutional Court in reviewing the constitutionality of Law Number 7 of 2017 concerning General Elections regarding the minimum age limits for presidential and vice presidential candidates. Decisions Number 29/PUU-XXI/2023, 50/PUU-XXI/2023, 51/PUU-XXI/2023, and 90/PUU-XXI/2023 have the same outline of the petition but have different results. The research method used is juridical-normative legal research to fully view the phenomenon of judicialization of politics within it. The open legal policy decisions in the three decisions are different from one other decision so that this should be appropriate to return to the legislators as a whole and not the territory of the Constitutional Court
The Influence of Legal Politics in the Implementation of Government Cooperation of Small-Scale Enterprises of Local Government Cut Zulfahnur Syafitri; kurdi; Asep Sumaryana; Budiman Rusli
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.v4i4.441

Abstract

The implementation of infrastructure development in the regions continues to experience obstacles despite the conception of PPP. Obstacles as contained in PPP in the regions can occur considering the cost of PPP in the regions is not as large as PPP in the central government and in connection with this, a conception of Small Scale PPP is needed that can be implemented by the Regional Government so that later development in the regions can be carried out with the PPP mechanism. The implementation of small-scale PPP in the regions is certainly inseparable from legal politics because it is legal politics that can determine the direction of policy. In connection with this, the author wants to conduct an analysis with the formulation of the problem in the form of How is the Influence of Legal Politics in the Implementation of Small-Scale Business Entity Government Cooperation of Local Governments? The results of this study are that small-scale PPP is strongly influenced by legal politics where legal politics in this case not only directs the course of infrastructure development with the PPP scheme, but also serves as a safeguard for the interests of all parties involved, including contractors, investors, and affected communities.
Legal Status of Profession Waqf from a Positive legal Perspective in Indonesia Dwi Putri Nirmala, Rindang; Adzantyassurya Qotrunnada, Amara Srie; Mahmada, Elya; Nida Tahaanii, Aanisah; Andhita Putri, Karin
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.v4i4.442

Abstract

This research paper, "Legal Status of Profession Waqf from a Positive Legal Perspective in Indonesia," explores the emergence of a new form of waqf called profession waqf, where individuals donate their professional skills for public welfare, necessitating clear legal regulations. Building upon previous research, this study aims to establish a legal framework that aligns with Islamic principles and Indonesian law to maximize the potential of profession waqf. Using a normative legal research method, the study reviews primary and secondary legal materials to understand the legal status of profession waqf in Indonesia. The findings aim to bridge the regulatory gap and optimize the societal benefits of profession waqf, particularly in supporting religious activities, education, and health services. Waqf holds great potential to enhance the welfare of Indonesian society and is continuously evolving. The Indonesian Waqf Board (BWI), as the governing body for waqf management in Indonesia, has introduced several contemporary forms of waqf, including profession waqf. Profession waqf involves contributing human knowledge and skills in physical and non-physical domains. This research aims to understand the concept of profession waqf and its subjects in practice in Indonesia. The findings indicate that profession waqf involves endowing one's profession or expertise for the common good of society following applicable legal regulations. The subjects of waqf include the Waqif Profession, who contributes their skills or profession; the nazir, who manages the waqf assets; and the mauquf alaih, the beneficiaries of the waqf, which may be specified directly in the waqf deed or declaration or not specifically mentioned.
Ratio Legis Policy of Republic of Indonesia State Police Regulation Number 8 of 2021 Based On Restorative Justice In Narcotics Crimes Angga Wardana; Widhiana Suarda , I Gede; Azizah, Ainul
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.v4i4.445

Abstract

Restorative justice, which is based on POLRI Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, was formed to realize efforts to resolve criminal acts by prioritizing aspects of restorative justice. Through this regulation, criminal law enforcement by the police is oriented to re-emphasize the restoration of the original situation as before the crime occurred. The research method used uses a normative juridical research type with a statutory and regulatory approach. This research uses literature study techniques by inventorying suitability based on primary and secondary legal materials to answer the problems in this research. ratio legis implementation of the Republic of Indonesia State Police Regulation Number 8 of 2021 reflects a restorative justice approach in the investigation stage of handling criminal acts. It emphasizes the importance of healing and reconciliation as part of the investigative process, reflecting a paradigm shift in criminal law towards a more holistic and recovery-oriented approach. The dynamics of handling narcotics crimes based on the principles of restorative justice, there are special requirements that must be complied with. Republic of Indonesia State Police Regulation Number 8 of 2021 pays special attention to the condition of individuals involved in narcotics abuse. This consideration involves evaluating the status of drug users, the condition of the victim of drug abuse, the level of drug dependence of the perpetrator, the type of narcotics used, and the amount.
Debtor's Legal Consequences of Approval of Motor Over Credit Without the Leasing Party's Knowledge Hilman Alfiansah; Rahmatiar , Yuniar; Sanjaya , Suyono; 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.v4i4.449

Abstract

The Over credit process is a method of purchasing an asset by transferring credit from the initial debtor to the new debtor. In the motorbike overcredit scheme, the first party who transfers their motorbike credit to the second party will receive compensation in the form of cash as a substitute for the down payment or what is usually called Down Payment. Meanwhile, the second party will continue the remaining installments from the previous installments. Transfer of fiduciary guarantees or over credit transfer is the process of transferring ownership of an object along with installment payments that are still on credit to an individual who is a third party. The fiduciary guarantee itself is a security right for an object in the credit process that remains in the control of the debtor. The development of leasing companies is quite rapid in Indonesia, the types of goods financed are increasingly varied, not only in the field of transportation but also expanding to the industrial, telecommunications, agricultural and other sectors. Financing carried out by the leasing party is stated in the credit agreement between the leasing party and the debtor.
The Effectiveness of Mediation in Inheritance Law Disputes is Linked to Perma No. 1 of 2016 at the Karawang Religious Court Dini Nurfalah; Amaliya, Lia; 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.v4i4.450

Abstract

Mediation as an alternative dispute resolution mechanism outside of court has long been used in various business, environmental, labor, land, housing, and so on cases that are fast, effective and efficient. Mediation comes from the English "Mediation" or "mediation", namely resolving disputes by mediation. Inheritance issues are also a concern because they relate to social responsibilities entrusted to heirs. The formulation of the problem to be studied in the following research is the authority of the mediator judge at the Karawang Religious Court in resolving inheritance case disputes, how effective the mediator is in handling inheritance cases in Number: 2222/Pdt.G/2022/ PA. Karawang. And what are the obstacles that hinder the mediation process at the Karawang Religious Court? In this research the author uses an empirical juridical approach. The reason the author uses this method is because the main data used is primary data, namely in the form of data obtained based on field studies and supporting data is secondary data, namely in the form of data obtained based on literature studies, statutory regulations, legal principles relating to the problem that the author will discuss. To overcome these obstacles, the Karawang Religious Court can make efforts such as increasing public awareness about the benefits of mediation, increasing the number and quality of mediators, allocating sufficient resources for the mediation process, building trust from the parties concerned.
Analisis ICC Jurisdiction Analysis of the Legalization of the Russian President's Arrest Warrant in View of International Law Sa'adatul Ummah; Priyambodo Adi Saputro; Cholidah, Cholidah
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.453

Abstract

This research aims to analyze the ICC Jurisdiction and the Legalization of the Arrest Warrant for the President of Russia Based on the Principles of International Law of the 1998 Rome Statute and the Russian Party's Rejection of the ICC's Arrest Warrant, so this research was conducted to find out this. The method used in this research is a juridical normative type research method where this journal examines concepts, rules, principles, theories and statutory regulations as well as the opinions of existing legal experts which relate to the form of ICC jurisdiction based on the Statute. Rome 1998 from the perspective of International Law. As well as using a Conceptual Approach where material is obtained from literature such as books, journals, articles and so on which discuss this research problem. ICC (International Criminal Court) is an International Criminal Court established through the 1998 Rome Statute in The Hague, Netherlands. In its jurisdiction, the ICC can only try countries that recognize its jurisdiction which, based on the 1998 Rome Statute, outside of its jurisdiction, the ICC does not have the right to try(Dhuara, 2021). With this in mind, the issues raised in this research are as follows: 1. How to legalize the arrest warrant for Russian President Vladimir Putin, who is not a member country of the ICC or a country that has ratified the Rome Statute; 2. What is the basis for the Russian President's rejection of the Arrest Warrant based on International Law.
The Views Of The Indonesian Ulema Council Of North Sumatra Province On The Punishment Of Husbands Who Marry Without The Wife's Permission In The Criminal Code Anshari Nasution, Muhammad Zaid; Tanjung, Dhiauddin; Syahmedi Siregar , Ramadhan
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.454

Abstract

This study aims to (1) find out the provisions of the punishment of husbands who marry without the wife's permission in the Criminal Code (2) find out the views of the Indonesian Ulema Council of North Sumatra Province on the punishment of husbands who marry without the wife's permission in the Criminal Code (3) the author's analysis of the views of the Indonesian Ulema Council of North Sumatra Province on the punishment of husbands who marry without the wife's permission in the Criminal Code. This research is designed with a qualitative method with the type of research of this thesis is field research. The result of the research is that a husband who marries without his wife's permission is a crime in the Criminal Code. In addition to being a crime, it is considered an unlawful act (wederrechtelijk) in the context of Criminal Law. The MUI of North Sumatra Province is of the view that the criminalization of husbands who marry without the wife's permission is permissible even though in Islam there is no sanction/punishment for husbands who marry siri (secretly) and without the knowledge of the wife. A husband who remarries without his wife's permission can cause more harm than good. The imposition of sanctions (punishment) is also permitted because it can be classified as Ta'zir and contains benefits because it is a policy to protect wives who feel harmed.

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