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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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Employing Poland's Military Depolitization and Professionalism As Security Sector Reform Strategy For Indonesia Fathomi Abdillah Safi
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.v4i5.514

Abstract

This article examines the reform of Poland’s security sector and its relevance for Indonesia. The study focuses on the depoliticization and professionalization of the Polish military. Depoliticization aims to remove political party influence from the military and ensure civilian control over strategic and defense decisions. This involves reducing political roles within the military, reforming military education, and establishing an independent legal framework. Professionalization has been achieved by modernizing technology and weaponry, enhancing soldier skills to meet NATO standards, and participating in joint exercises with NATO allies. These efforts have improved the effectiveness and efficiency of the Polish military in maintaining national security and regional stability. Using qualitative methods and Creswell’s comparative study approach, the research highlights how Poland’s experience can guide Indonesia in its military reforms. By integrating depoliticization and professionalization strategies inspired by Huntington and Stephan, the article provides a framework to accelerate and improve military reform in Indonesia.
Settlement of Customary Law Community Land Disputes Regarding the Construction of the Lukas Enembe Stadium in Kampung Harapan Jayapura Regency James Yoseph Palenewen; Tom Alfa Samuel Reumi
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.v4i5.515

Abstract

Land disputes often occur in rural and urban areas, as is the case with customary land disputes between the traditional law community of Harapan Village and the Papua Provincial Government on whose land the Lukas Enembe Stadium was built in Harapan Village. The aim of this research is to determine the responsibility of the Papua Provincial Government towards the ulayat land of the traditional law community of Harapan village where the Lukas Enembe Stadium has been built and also how to resolve the ulayat land dispute by both parties. The results of this research reveal that the responsibility of the Papua Provincial Government in resolving customary land disputes in Kampung Harapan is that the Papua Provincial Government basically submits to court decisions which have permanent legal force, so that all compensation payments for Kampung Harapan's customary land will be directed only to the Plaintiff. The person who won the case in this case was the heir of Plaintiff I, Agustinus Ph Ohee, and the heir of Plaintiff II, Eliab Ongge, S.Ip, MM. and resolving customary land disputes between Harapan village and the Papua Provincial Government, namely through a very long process, either through litigation (court) or non-litigation (outside court), namely through court decisions, through state administration decisions (PTUN) and through customary law decisions. . All these steps were taken to prove who really has the right to the 62 ha (sixty two hectares) ulayat land of Harapan village.
The Existence of Provincial Regulations and Special Regional Regulations as Legal Products in Fulfilling Education Access for the Community in Papua Lily Bauw
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.v4i5.516

Abstract

Education is a basic right of every human being that must be fulfilled by the state. Apart from being a basic right, education is also a basic aspect in ensuring the survival of the nation and state. The aim of this research is to determine the synchronization, both vertically and horizontally, of the existence of Perdasi Number 2 of 2013 and Perdasi Number 3 of 2013 and to determine the effectiveness (effectiveness) of implementing Perdasi Number 2 of 2013 and Perdasi Number 3 of 2013 in the community. The approach used in this research is a normative juridical approach, normative juridical is intended to examine problems related to Perdasi Number 2 of 2013, and Perdasi Number 3 of 2013, using document studies of statutory regulations and sharing policies related to the main issues related matters and reports on the results of various meetings including Focus Group Discussions (FGD). The results of this research reveal that the Provincial and Regency Governments provide the widest possible opportunities to religious institutions, non-governmental organizations and the business world that meet the requirements in accordance with statutory provisions to develop and provide quality education. To support the continuity of the implementation of education services provided by the community, the provincial and district governments are required to provide assistance and/or subsidies to the organizers. Provincial, Regency/City Governments have waived and reduced educational costs, especially for OAP, in the form of giving cash to students who are received every third of the month, as well as providing domestic and international scholarships, but this funding has not had a significant effect in increasing the quality of students, due to the absence of supervision/assistance from the local government, or supervision carried out but not optimally, so that there are students or students who fail in pursuing their education.
Juridical Review of The Issuance of Ministerial Regulations Without Any Delegation From The Law (Case Study of the Regulation of the Minister of Home Affairs Number 4 of 2023 on Acting Governor, Acting Regent, and Acting Mayor) Raissa Safatiara; Citraresmi Widoretno Putri
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.v4i5.517

Abstract

Ahead of the syncronous Pilkada that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper will reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected.  Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.
Civil Liability of Business Actors Selling Sunscreen on Tik-Tok Social Media Containing Fake Sun Protection Factor (SPF) Naily Amalia; Dwi Aryanti Ramadhani
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.v4i5.518

Abstract

This research discusses the business actors selling sunscreen with fake SPF content that endangers consumers.The purpose of this research is to find out the civil liability of business actors and to find out consumer efforts to obtain such liability.This research uses normative juridical legal research with a case approach and statutory approach.From this research it can be concluded that the actions of business actors are unlawful acts in accordance with article 1365 of the Civil Code and violate the consumer protection law so that they can be held liable in the form of compensation in accordance with applicable regulations.Consumer efforts to obtain their right to compensation can be done in a non-litigation manner.
Application of The Principle of Freedom of Contract In The Rusunawa Lease Agreement Between Residents Affected by Eviction of Jakarta (Case Study of Eviction Affected Residents Who Live In Rusunawa Rawa Bebek) Marcella Azzahra; Ridha Wahyuni
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.v4i5.520

Abstract

This study aims to evaluate the implementation of the principle of freedom of contract in lease agreements involving residents displaced by eviction and to outline the legal measures available to these residents to prevent future evictions. The research employs an Empirical Juridical method and an analytical descriptive approach, incorporating a case study approach. The findings reveal that, while the principle of freedom of contract underpins agreements, it is not evident in the case of residents evicted from the Ciliwung river area and relocated to the Rawa Bebek flats. These residents are compelled to use a lease agreement method that does not reflect the principle of freedom of contract, forcing them to accept the terms imposed. From the perspective of the evicted residents, the principle of freedom of contract is absent in the lease agreement process. To address this, residents can pursue non-litigation measures such as mediation and negotiation, as well as litigation through the courts.
The Role of the Adjudication Committee in Implementation Complete Systematic Land Registration (PTSL) In Keerom Regency Eddy Pelupessy
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.v4i5.521

Abstract

This research was carried out because until now there is a lot of land that has not been certified and disputes often occur in Keerom Regency. In addition, a systematic land registration process is very important to create orderly land law and ensure legal certainty. This study aims to determine the role played by the Adjudication Committee in carrying out complete systematic land registration in Keerom Regency as well as the obstacles faced by the Adjudication Committee in doing so. In this research, normative and empirical juridical are used. This means laws, literary materials, written regulations, and ways of identifying and conceptualizing law as an actual social institution in real life systems. This research shows that the adjudication committee plays an important role in carrying out comprehensive and systematic land registration in Keerom Regency. This is shown by the large number of lands that have been certified during the land registration process. This will automatically reduce the number of land disputes because residents already have certificates as proof of land ownership. To carry out complete systematic land registration in Keerom Regency, there are three factors that become obstacles. The first is the announcement of physical and juridical data; the second is the challenge of applying the contradiction principle of delimitation; and the third is proof of rights.
Juridical Study Regarding the Function of Land for Investment Interests in the Region Eddy Pelupessy; Palenewen, James Yoseph
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.v4i5.522

Abstract

Apart from being used for personal and group interests, land also has an important role as an investment. The aim of this research is to find out accurately and clearly how land is allocated and used for investment purposes in the region, as well as to find the best solution to problems related to the function of land as an investment vehicle according to regional conditions. Normative research focuses on the principles and level of legal synchronization of the application of land law and various regulations in the field of investment law. Normative research, also known as library research, uses secondary data from primary, secondary, and tertiary legal materials. The results of the research show that there is no specific law that regulates investment in the region, so that customary rights to land designated and used are interpreted differently, and disputes often occur regarding the boundaries of customary land that is used as the main means (object) of investment in a region. area. Therefore, based on the principle of regional autonomy, regional governments must immediately make regional regulations regarding investment that are in accordance with local conditions and the interests of indigenous communities in owning their customary land.
The Position of Deoxyribo Acid Nucleid Results as Digitization Evidence in Realizing Child Rights Reform in Indonesia Robert Libra; Okfalisa, Okfalisa; Aslati, Aslati
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.v4i5.523

Abstract

Technological progress continues along with changing times. The application of technology has penetrated various aspects of daily life, making it more practical. Often, problems arise when the father does not recognize his child, which results in the child losing his rights, including the right to receive love from his own father. To overcome this, MK Decision no. 46/PUU-VIII/2010 concerning Review of Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage changed the paradigm of evidence by allowing the use of DNA testing technology to determine the lineage of children outside of marriage. The formulation of the problem raised in this research is 1) how is the role of digitalization in realizing children's rights, studying the decision of the Supreme Court of the Republic of Indonesia; and 2) how to reform children's rights in Indonesia in the era of digitalization 4.0. The research method uses normative juridical with a statutory regulatory approach and conceptual approach. The research results show that several existing decisions often refer to digital evidence in the form of DNA (Deoxyribo Nucleid Acid) and decisions that mostly use this evidence will protect children's rights and end up maximizing the protection of children's rights when the parents deny the status of their child in front of the judge. Then the process of proving children's rights using digitized evidence can be carried out by adopting this evidence in Law no. 7 of 1989 concerning Religious Courts to create legal certainty for families, especially for children themselves.
The Concept Of Maqashid Sharia In The Effectiveness Of The Implementation Of Presidential Regulation No. 72 Of 2021 Concerning The Handling Of Stunting Mandailing Natal Regency Irawan Rangkuti, Chairil; Sukiati, Sukiati; 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.v4i5.526

Abstract

This study examines the effectiveness of the implementation of Presidential Regulation (Perpres) No. 72 of 2021 concerning the handling of stunting in Mandailing Natal Regency through the Maqashid Syariah approach. Maqashid Syariah, which includes five main objectives, namely the protection of religion (Hifz al-Din), soul (Hifz al-Nafs), intellect (Hifz al-Aql), offspring (Hifz al-Nasl), and property (Hifz al-Mal), provides a holistic framework that integrates moral and spiritual aspects in public health and welfare efforts. This study aims to assess how the application of Maqashid Sharia values can strengthen the effectiveness of stunting management programs in the area. The research methodology used includes a literature study, interviews with religious leaders, government officials, and communities, field observations, and secondary data analysis. The results showed that the integration of Maqashid Syariah principles in the stunting handling program contributed significantly in several aspects: Hifz al-Din (Religious Protection): Religious education that educates about the importance of nutrition and health through schools and madrasas increases public awareness about religious responsibilities in maintaining children's health. Hifz al-Nafs (Protection of the Soul): Health programs supported by posyandu services in mosques and other places of worship facilitate community access to health check-ups and proper nutrition. Hifz al-Aql (Protection of Intellect): Providing good nutrition education to pregnant and lactating mothers and young families helps in the cognitive development of children, preventing the long-term impact of stunting on children's learning ability. Hifz al-Nasl (Protection of Offspring): Religious activities that support reproductive health and family planning help in maintaining maternal and child health, reducing the risk of stunting in the next generation. Hifz al-Mal (Protection of Property): Family economic empowerment programs integrated with stunting response efforts help increase family income, enabling them to provide nutritious food for their children. The conclusion of this study is that the application of Maqashid Sharia in the implementation of Presidential Regulation No 72 of 2021 in Mandailing Natal Regency is effective in supporting the handling of stunting. This holistic approach that combines physical, mental and spiritual aspects not only helps reduce stunting rates but also strengthens the community's social welfare and resilience. The practical implications of this research include developing an integrated education curriculum, utilizing places of worship as health centers, and empowering religious institutions and local communities in public health programs.

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