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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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The Concept Of Legal Reasoning Of Judges In Islamic Law Regarding Legal Decisions For Drug Addicts In The Mandailing Natal District Court Yusuf Harahap, Bahtiar; Sukiati, Sukiati; Tanjung, Dhiauddin
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.v4i5.527

Abstract

This research examines the concept of legal reasoning of judges in Islamic law related to legal decisions for drug addicts in the Mandailing Natal District Court. Legal reasoning in Islamic law involves interpreting the Quran, Hadith, Ijma, and Qiyas to reach a just decision. This research uses a qualitative approach with a case study method, analysis of decision documents, interviews with judges, and trial observation. The results showed that the judge combined the principles of Islamic law with Indonesian positive law. In the case of drug addicts, judges consider: Justice and Public Welfare: A verdict that not only punishes but also provides opportunities for rehabilitation. Interpretation of Islamic Law Sources: Referring to the Quran, Hadith, and scholarly opinions on punishment for drug addicts. Social Context and Positive Law: Ensuring the verdict is in line with national laws and local conditions. Rehabilitation and Protection of Human Rights: Support for the rehabilitation and recovery of addicts. In conclusion, the concept of judges' legal reasoning in Islamic law plays an important role in determining decisions that are fair, humane, and support the recovery and welfare of society. Practical implications include improving judges' understanding of Islamic legal reasoning and the integration of rehabilitative approaches in court decisions.
The Application of Zakat On Business Results As A Strategic Effort To Build The Economy of The People of Medan City Aulia, Nurul; Tanjung, Dhiauddin; Matsum, Hasan
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.v4i5.528

Abstract

This study aims to assess the essence of zakat on business results as an instrument in improving the welfare of the community and describe the implementation of zakat on business results as a strategic effort in building the economy of the people of Medan city. This research uses descriptive qualitative method to provide as much detail as possible about the implementation of business zakat. This research is a normative-empirical research with the research subjects of businesses in Medan city whose profits have reached nisab and haul. The object of this research is business zakat based on the Qur'an and hadith. The data collection technique used in this research is by collecting data from related literature such as the Qur'an, journals, books and other sources that support this research, then using reading and recording techniques. Data analysis techniques using descriptive techniques. The results of this study show: (1) Definition of Zakat on Business Results; (2) Businesses in Medan City that can be charged with Zakat on Business Results; (3) Application of Zakat on Business Results in the View of Islamic Law.
The Concept of Maqashid Sharia In Preventing The Negative Impact of Gold Amalgamation Activities On The Community of Hutabargot Sub-District, Mandailing Natal District Munawar, Zain; 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.v4i5.529

Abstract

This research examines the application of the Maqashid Syariah concept in an effort to prevent the negative impact of gold amalgamation activities on the people of Hutabargot Subdistrict, Mandailing Natal Regency. Maqashid Sharia, which consists of five main objectives-Hifz al-Din (protection of religion), Hifz al-Nafs (protection of the soul), Hifz al-Aql (protection of the intellect), Hifz al-Nasl (protection of offspring), and Hifz al-Mal (protection of property)-provides a comprehensive framework for addressing the environmental and health problems caused by gold mining practices. This research uses a qualitative approach with a case study method to analyze the impact of gold amalgamation on public health and the environment and how Maqashid Sharia can be applied as a solution. The results show that the application of Maqashid Sharia can mitigate the negative impacts of gold amalgamation through various measures, such as the application of environmentally friendly technology, strict regulations, and increased public awareness and education regarding safe and sustainable mining practices. In addition, active participation from the government, religious institutions and local communities is crucial in the implementation of this concept. The government needs to supervise and regulate mining practices more effectively, while religious institutions can help raise awareness of the importance of protecting health and the environment in accordance with Islamic teachings. Local communities should also be actively involved through education and training on responsible mining practices. Thus, the application of Maqashid Sharia is expected to create a balance between the economic benefits of gold mining and the protection of public health and environmental sustainability, thereby achieving long-term sustainability.
Inheritance Rights of The Youngest Child In The Middle Barumun Indigenous Community From The Perspective of Islamic Law Rahmawati Siregar, Lili; Khair, Nispul; Tanjung, Dhiauddin
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.v4i5.530

Abstract

This study aims to examine the determination of inheritance for the youngest child in the Central Barumun customary society from the perspective of Islamic law. The customary tradition of Central Barumun has its own rules and customs in the distribution of inheritance which is sometimes different from the provisions of Islamic law. This research uses field research (filed research) with a case study approach, collecting data through interviews with traditional leaders, indigenous people, naposo bulung adat and local religious leaders, then using data collection methods that are reviewed by observation, and related documents. The results showed that in the customary society of Central Barumun adheres to the inheritance distribution system with the descent system by giving automatically given to adult sons, and for the youngest child often gets special treatment in the distribution of inheritance and done by parents during life. If there is any remaining inheritance, it will be distributed after the parents die. Girls will not get the inheritance if it is not given by their brothers. Although in the view of Islamic Law the division carried out by the system cannot be called the division of inheritance, as stated in the Koran as the main guide to inheritance law in Islam which has determined the portion of each heir in accordance with the provisions that have been determined from Allah SWT, with a predetermined size based on the small and large age and has been confirmed by Islamic inheritance law stipulates that every time there is a death, the determination of the share of each heir must be done.
Tiktokshop’s Acquisition of Tokopedia in Providing Justice for Micro, Small and Medium Enterprises (Study: Tiktokshop E-Commerce Services in Indonesia) Dylan Rajasa Chandra; Sugiyono, Heru
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.v4i5.532

Abstract

The purpose of this study is a study of the protection of law and justice that exists in Indonesia related to the occurrence of actions by a number of Micro, Small and Medium Enterprises actors on the decision to acquire Tokopedia made by Bytedance as the parent of Tiktokshop. This research was conducted using the normative juridical method because it is based on legal norms in legislation and legal principles. The results of this study indicate that the partnership between Tiktokshop and Tokopedia provides problems of justice for business actors where one party benefits from Tiktokshop's innovation and the other party feels disadvantaged because of gaps in business competition. With the existence of laws that regulate legal protection for Micro, Small and Medium Enterprises, especially with the enactment of Regulation of the Minister of Trade Number 31 of 2023 concerning Business Licensing, Advertising, Guidance and Supervision of Business Actors in Trading through Electronic Systems, it can be said that existing regulations if implemented can provide benefits to business actors in providing justice and legal protection for Micro, Small and Medium Enterprises.
A Philosophical Study of The Existence of A Restorative Justice House As A Forum For Resolving Minor Criminal Cases In The Jurisdiction of The Palangka Raya District Attorney's Office Kristanto, Kiki; Fransisco, Fransisco; Alfarizy, Tomy; Saputra, Fandra; Mawarni, Mira
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.v4i5.533

Abstract

This study analyzes the existence of Restorative Justice House (Rumah Restoratif Justice) as a mechanism for resolving minor criminal cases in the jurisdiction of the Palangka Raya District Attorney's Office. The background of the problem shows an increase in the number of minor criminal cases resulting in excessive court workload and ineffective handling of conflicts in the society. In this context, Restorative Justice House emerges as an alternative solution that emphasizes restorative justice, where the main focus is the restoration of relationships between perpetrators, victims and the community. The purpose of this study is to evaluate the philosophical and practical role of Restorative Justice House in supporting the criminal justice system in Palangka Raya. This research seeks to answer the questions: What is the philosophical basis or main principle of the restorative justice house concept established by the Palangka Raya District Attorney's Office? What is the urgency of the existence of restorative justice houses in handling minor criminal cases in the jurisdiction of the Palangka Raya District Attorney's Office? The research method used was a qualitative approach with literature analysis and in-depth interviews with legal practitioners and communities involved in Restorative Justice House. The results of this study indicate that Restorative Justice House provides a practical solution to reduce the burden on the courts and strengthens the principles of restorative justice that are more inclusive and adaptive to local needs. The philosophical implications of Restorative Justice House underscore the importance of a restorative and rehabilitation-oriented approach, as opposed to a traditional retributive approach.
International Interim Awards Enforcement under the Indonesian Arbitration Law and UNCITRAL Model Law Labib Wajdi, Muhammad; Adolf, Huala; Amalia, Prita
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.v4i5.536

Abstract

The Indonesian umbrella regulation for arbitration, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, is silent regarding the enforcement of interim awards which creates uncertainty of law. This is in contrast to the arbitration-friendly regulations stemming from the UNCITRAL Model Law that are found in Asia’s leading arbitral seats such as Hong Kong and Singapore. Presently, there is a growing demand for seats to adopt a mechanism for enforcing interim awards in international arbitration, as the absence of such enforcement undermines the efficacy of an effective justice system in transnational trade. Therefore, an analysis is needed to review the enforcement of interim awards under the Indonesian arbitration law and how it compares to the UNCITRAL Model Law, the Hong Kong Arbitration Ordinance, and the Singapore International Arbitration Act. Through the research, we found that there is a discrepancy both in the existence of an enforcement mechanism for interim awards and in the consistency between the law and practice in Indonesia, Hong Kong, and Singapore. In order for Indonesia to enhance its appeal as an arbitral seat, the uncertainty regarding the enforcement of interim awards must be remedied.
Legal Power and Liability of Notary Towards The Content of Cover Note That is not Implemented In BTN Balikpapan Hotma Elisa Irene Siahaan; Rasji, Rasji
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.v4i5.537

Abstract

This article is titled Legal Power and Notary's Responsibility on the Content of Unexecuted Cover Note in BTN Balikpapan. Legal research method with Normative research type, using statute approach and conceptual approach as well as secondary data source which is using primary legal materials in the form of regulations relevant to legal issues, and secondary legal materials which are opinions and legal theories relevant to legal issues in this writing. So with this analysis, it is concluded that the cover note does not have absolute evidentiary power and only functions as additional evidence depending on the judge's judgment. The use of a cover note as the basis for the exercise of rights and obligations in a credit agreement is considered invalid because it cannot replace a notarial deed. The notary's responsibility related to the issuance of a cover note for bank credit disbursement is that the notary is fully responsible for the contents of the cover note he issued. If there is a discrepancy between the contents of the cover note and the actual conditions in the field, the notary must bear his responsibility, both administratively, criminally and civilly, and even morally.
Revitalization of Sharia Securities-Based Crowdfunding: A Regulatory Review and Its Impact on Halal MSME Development Noor, Afif; Arifin, Moh.; Reza Fachruddin, Mohammad
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.v4i5.540

Abstract

Sharia Securities-Based Crowdfunding (Sharia SBC) has significant potential in supporting the development of halal MSMEs in Indonesia. Halal MSMEs often face limited access to conventional financing The presence of Sharia SBC, based on information technology, can serve as an alternative source of funding in accordance with Sharia principles for halal MSMEs. This study aims to examine the regulations governing Sharia SBC and its impact on the development of halal MSMEs. The research method used is a qualitative approach with descriptive analysis. Data is collected from secondary sources such as literature studies, and analysis of regulatory documents. The results indicate that mature and comprehensive regulations are crucial to support the success of Sharia SBC. Existing regulations, such as the Financial Services Authority Regulation Number 57 of 2020 amended by OJK Regulation No. 16/POJK.04/2021 of 2021 provide a basic framework for the operation of Sharia SBCs. However, challenges persist, including the lack of Sharia financial literacy among MSMEs and investors, as well as the need to enhance technological infrastructure and accessibility of the SBC platform. Properly regulated, Sharia SBCs can enhance halal MSMEs' access to capital, thereby boosting their business growth and sustainability. Optimizing regulations and improving education and infrastructure are essential to maximizing the potential of Sharia SBC in supporting the development of halal MSMEs in Indonesia.
Legal Aspects of Land Acquisition for the National Capital City (IKN) of the Nusantara Rosyid Hermawan, Novriansyah; Novizas Shebubakar, Arina; Sadino, Sadino
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.v4i5.544

Abstract

This study aims to analyze the legal aspects of land acquisition in the development of the National Capital City (IKN) of the Nusantara. Referring to Presidential Regulation Number 65 of 2022 concerning Land Acquisition and Land Management in the Capital City of the Nusantara, as well as other related laws and regulations such as Law Number 2 of 2012 concerning Land Acquisition and Law Number 6 of 2023 concerning Job Creation, this study identifies challenges and obstacles in its implementation. Primary data is obtained from official legal documents, while secondary data is collected from scientific literature, legal journals, and international case studies. The results of the study show that although the regulation has provided a strong legal basis, there are significant obstacles such as land ownership disputes, inconsistencies in land certificates, and the assessment of compensation prices that are considered low by the community. In addition, indigenous peoples' communal property rights have not been fully accommodated. Agrarian conflicts between state law and customary law add to the complexity of this problem. This study recommends improving regulations and implementing fairer and more transparent implementation to ensure the success of land acquisition and the protection of the rights of affected communities in the Nusantara IKN development project.

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