Journal of Law, Poliitic and Humanities
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.
Articles
1,073 Documents
<![CDATA[Effectiveness of Proportional Systems in Legislative General Elections In Legal Politics Perspective ]]>
<![CDATA[Ichsan Maulana]]>;
<![CDATA[Gary Gagarin Akbar, Muhamad]]>;
<![CDATA[Abas, Muhamad]]>;
<![CDATA[Hidayat, Anwar]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i5.491
<![CDATA[The system used in the Indonesian Election is an open proportional system and a closed proportional system. The open proportional system that makes the winner of the most votes in the election creates an unfair competitive atmosphere between legislative candidates, this system dominates the practice of money politics and so on, the closed proportional system also has bitter experiences, the journey of elections since the New Order to the reformation which uses a closed proportional system based on serial numbers is considered to only produce people's representatives who are closer to the interests of political party elites and their groups who have personal interests. Legal Politics has a very important role as a basis for perspective in increasing the effectiveness of national legal development. This study uses descriptive and empirical socio-legal or non-doctrinal methods, applying special legal science research that combines legal norms with sociological aspects through the approach of legal principles and political behavior. To bring elections to an ideal level within the framework of democracy is not only limited to the election system, but must be in line with the awareness of moral values ??upheld by every citizen, both voters and election contestants. Therefore, an appropriate framework of thought is needed with the principle of appreciation in every norm of life. The open proportional system is more relevant to the principle of people's sovereignty, but improvements are needed to the mechanisms and technical provisions in its implementation. Improvements to the open proportional system are important to ensure that this system can run effectively and democratically.]]>
<![CDATA[Legal Protection for Consumers on the Transfer of Remaining Shopping Coins into Donations (Case Study at Hypermart Surabaya) ]]>
<![CDATA[Ricardo Tjandra]]>;
<![CDATA[Juliana Makadala]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i5.493
<![CDATA[This final project was written based on the author's experience, who often shopped at minimarkets, supermarkets, and hypermarkets. Cashiers usually take unilateral actions in returning the change, tiny denominations, and often harm consumers. Therefore, the author is interested in compiling a final project titled "Legal Protection for Consumers for Diverting Money from Coin Shopping Remaining into Donations Case Study at Hypermart Surabaya." The purpose of writing this thesis is to identify the form of accountability of business actors for the transfer of the remaining money from shopping into donations by Hypermart business actors in the City of Surabaya and to examine the legal protection for consumers for the transfer of the remaining money from spending into donations by Hypermart business actors in the City of Surabaya. And the academic purpose of writing this thesis is to fulfill the final requirements to get a Bachelor of Law degree at the Faculty of Law, Pelita Harapan University, Surabaya Campus. The results of the analysis in this final project can be concluded that business actors have violated Article 15 of the UUPK, which has carried out coercion by diverting the remaining money from coin shopping into donations without consumer approval.]]>
<![CDATA[Analysis Of The Use Of The Dispute Resolution Clause Through Arbitration (Article 79.3) In The Peunaga Cut Ujong Road Construction Agreement Kab. West Aceh Number 001/Pupr-Abar/2024 ]]>
<![CDATA[Kurdi, Kurdi]]>;
<![CDATA[Cut Zulfahnur Syafitri]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
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DOI: 10.38035/jlph.v4i5.495
<![CDATA[The real impact of the existence of changes in Article 88 of Law No. 18 of 1999 with Law No. 2 of 2017 concerning Construction Services can be seen in construction service agreements including the Peunaga Cut Ujong Road Development Agreement, West Aceh District No. 001/PUPR-ABAR/2024 whose agreement clause states that the parties agree to resolve disputes through BANI. From here, problems are formulated, namely: First, what are the provisions regarding the arbitration clause in the Peunaga Cut Ujong Road Development Agreement of West Aceh District Number 001/PUPR-ABAR/2024. Second, Does the provision regarding the arbitration clause in the Peunaga Cut Ujong Road Development Agreement of West Aceh District Number 001/PUPR-ABAR/2024 cause potential problems. This research uses normative legal research with statute approach and also conceptual approach. The result of the discussion is that the inclusion of an arbitration clause in the Peunaga Cut Ujong Road Development Agreement of West Aceh District Number 001/PUPR-ABAR/2024 is in accordance with applicable regulations and offers various practical advantages. There are various problems, namely differences in the interpretation of the arbitration clause, the possibility of biased arbitrators, the imbalance of power between the parties to the dispute, and the limitations of the appeal mechanism.]]>
<![CDATA[Criminal Responsibility For Perpetrators of Criminal Acts With Schizophrenic Mental Disorders ]]>
<![CDATA[Adellia Eddiesa Putri]]>;
<![CDATA[Bambang Waluyo]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i4.499
<![CDATA[Schizophrenia is a psychotic disorder that causes sufferers to experience hallucinations and delusions that affect their emotions, behavior, and way of thinking. The purpose of this research is to find out the legal responsibility in handling cases committed by people with mental disorders, and to find out how legal policies in deciding actions against perpetrators with mental disorders. This research uses a juridical-normative legal method with a statutory approach. From this research, it can be concluded that Article 44 paragraphs (1) and (2) of the Criminal Code as well as Articles 38 and 39 of Law No.1 Year 2023 can be the basis for judges in deciding the actions that can be given to offenders with mental disorders. The ability to be responsible is an important part of determining whether the perpetrator can be given a criminal offense or not, so the judge can call an expert witness to assess the behavior and mental health of the perpetrator as a consideration for the judge in deciding. If the perpetrator is declared to have a mental disorder, then the judge can consider the reasons for criminal erasure.]]>
<![CDATA[Legal Analysis Related to the Application of Artificial Intelligence in Notarial Practice ]]>
<![CDATA[Mariyam, Mariyam]]>;
<![CDATA[Rahmawati, Umi]]>;
<![CDATA[Nur Sofia Madani, Nadea]]>;
<![CDATA[Fifin Nazilah, Fanis]]>;
<![CDATA[Ulhaq Mahfudzoh, Dhiya’]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i5.500
<![CDATA[In the era of globalization and rapid technological development, the implementation of artificial intelligence (AI) has become an unavoidable phenomenon in various fields, including law and notary. AI offers significant potential to improve efficiency and accuracy in notarial practice, but also poses various juridical challenges. Notaries are recognized as trusted parties by the public to ensure the authenticity of a deed and prevent legal violations. Although AI can assist in administrative tasks and data analysis, its implementation must consider juridical aspects such as legal liability, personal data protection, and document authenticity. In facing the fourth industrial revolution, notaries need to update their knowledge and skills and maintain the relevance of civil law. Collaboration between human and artificial intelligence is required to achieve better results without sacrificing principles of justice and legal authenticity.]]>
<![CDATA[Establishment of a New Political Party in the Center of Hegemony National Political Parties (Challenges and Opportunities) Casuistics of the People's Wave Party in Asahan District ]]>
<![CDATA[Bayu Raditya]]>;
<![CDATA[Farhan Indra]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i5.501
<![CDATA[In a democratic system, political parties play an important role in decision-making and government administration. However, in Indonesia, national political parties have consolidated hegemony, so local and regional parties focus on increasing their influence. This makes new political parties in the national political system significant, especially for parties that come from weak and under-resourced regions.The method that researchers use in this research is qualitative research which aims to gain an in-depth understanding of the phenomenon being studied. By choosing this research method, it aims to dig deeper into establishing a new political party in the midst of the hegemony of national political parties (challenges and opportunities) of the People's Wave Party case in Asahan Regency.The results of research that have been carried out using interview techniques with the chairman of the DPD People's Wave Party of Asahan Regency are expected to get in-depth answers as well. After carrying out the interview. From the results of the interview, information was obtained about establishing a new political party in the midst of the hegemony of national political parties (challenges and opportunities) of the People's Wave Party case in Asahan Regency.The conclusion of the results of this study shows that the Gelora Party is faced with special and complex challenges in establishing itself in the midst of the hegemony of national political parties. Intense competition with established national political parties is the main obstacle for the Gelora Party.]]>
<![CDATA[The Practices of The Government In The Provision of Intolerance Between Religions and The Response of Society In The Cabpaten ]]>
<![CDATA[Setiawan, Juliandi]]>;
<![CDATA[Warnisyah Harahap, Elly]]>;
<![CDATA[Harahap, Salahuddin]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i5.502
<![CDATA[This study examines government policies to prevent intolerant behavior among religious communities and the response of the community in Aceh Tanggara district. This study aims to identify policies that have been implemented by the local government and evaluate their effectiveness in preventing intolerant behavior. The research method used is qualitative with a case study approach. Data was collected through in-depth interviews, participatory observation, and analysis of official documents. The results show that the government has adopted various policies, such as interfaith dialogue programs, multicultural education in schools, and inclusive religious social activities. Nonetheless, community responses show variations, ranging from full support to resistance. Factors influencing community responses include level of education, religious understanding and personal experience of religious harmony. The study concludes that although government policies are quite comprehensive, their successful implementation relies heavily on active participation and community awareness.]]>
<![CDATA[Implementation of An Integrated Referral System (Sisrute) In Improving Health Service Referrals at Rumah Sakit Umum Pusat (RSUP) H. Adam Malik Medan ]]>
<![CDATA[Zulharryansah Mesir Siregar]]>;
<![CDATA[Rangkuti, Zoraya Alfathin]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
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DOI: 10.38035/jlph.v4i5.503
<![CDATA[The Integrated Referral System (SISRUTE) is a service using internet-based information technology that can connect patient data from lower service levels to higher or equivalent service levels (horizontal or vertical) with the aim of simplifying and speeding up the patient referral process. Rumah Sakit Umum Pusat (RSUP) H. Adam Malik Medan is one of the hospitals that has implemented SISRUTE, namely in 2021. The method used in this study is a descriptive method with a qualitative approach. The data collection techniques are interviews, observations and documentation. The results showed that the Implementation of the Integrated Referral System (SISRUTE) in Improving Health Referral Services at H. Adam Malik Hospital Medan City is still not optimal seen from the miscommunication that occurs between regional hospitals and hospitals in Medan City. Furthermore, the resource parameters include human resources who run the Integrated Referral System (SISRUTE) at H. Adam Hospital Medan City is still not optimal because there is still a lack of BIMTEK training conducted by the Ministry of Health of the Republic of Indonesia (KEMENKES) and facilities and infrastructure resources are also still limited at H. Adam Malik Hospital Medan City. The disposition in the form of executive commitment can be improved for the better.]]>
<![CDATA[Restorative Justice in the Reform of the Indonesian Criminal System (Case Study of Violence Against Children in the Selebar Police Sector Area, Bengkulu City) ]]>
<![CDATA[Gustika Maharian, Safira]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v4i5.504
<![CDATA[Imprisonment in several criminal cases is considered ineffective. This is because there is no guarantee that when the convict is released, he will be better or worse. The classical school is also considered irrelevant to the modern life of today's society. In dealing with criminal acts that can be restored or restored, a paradigm of punishment is known, namely restorative justice , in which the perpetrator is encouraged to compensate for the losses that have been caused to the victim, his family and also the community. The research method used is normative juridical referring to the approach in legal science. The results of this study are efforts to reform criminal law in the application of restorative justice based on police report number LP / B / 71 / VI / 2023 / SPKT / POLSEK SELEBAR / POLRESTA BENGKULU / POLDA BENGKULU in Indonesia still has shortcomings because there is no law that specifically regulates restorative justice . In the National Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, it only focuses on administrative matters in the police, not on restorative justice itself. The implementation of Restorative Justice in the punishment of perpetrators of criminal acts in Indonesia is very good considering that there is no law that specifically regulates restorative justice itself . In 2022 , the number of cases resolved using the restorative justice system was 15,809 cases . This number increased by 11.8 % compared to the number in 2021 of 14,137 cases.]]>
<![CDATA[Analysis of Considerations of Mitigating and Aggravating Circumstances in Corruption Crime Cases (Case Study Decision Number 942 K/Pid.Sus/2022) ]]>
<![CDATA[Ferdinan Januari]]>;
<![CDATA[Bambang Waluyo]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) ]]>
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DOI: 10.38035/jlph.v4i5.505
<![CDATA[This article is entitled Analysis of Considerations of Mitigating and Aggravating Circumstances in Corruption Crime Cases (Case Study of Decision Number 942 K/Pid.Sus/2022). This article aims to analyze the application of mitigating and aggravating circumstances in corruption cases as well as finding the influence of these on Decision Number 942K/Pid.Sus/2022. Using normative juridical methods with a statutory approach, conceptual approach and case approach. The results of this study show that there are problems regarding the application of mitigating and aggravating circumstances due to differences in the interpretations and views of each judge. Apart from that, the influence shown by the incompatibility of the application of mitigating and aggravating circumstances can have an impact on not achieving the objectives of the sentence, including retaliation and a deterrent effect on the defendant as found in the corruption case Decision Number 942K/Pid.Sus/2022.]]>
