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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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Transparency in the Tender Process of Regional Drinking Water Companies Amidst Unfair Competition P. Soemartono, Gatot; Sriwijaya, Lenny
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.v4i5.546

Abstract

The tender procurement system in Indonesia is frequently tarnished by unfair business competition practices such as tender monopolies. These actions hurt society and the government while also impeding the efficacy and efficiency of purchasing products and services. This study takes a qualitative approach, analyzing KPPU decisions and doing literature reviews. The research findings indicate various factors contributing to the complexity of unfair business competition within tender monopolies, including a lack of accountability and transparency, lax regulation and law enforcement, entrepreneurial collusion, and external political and economic influences. Additionally, this research proposes solutions for these problems, such as boosting accountability and transparency, fortifying legal frameworks and law enforcement, and encouraging public and business education about fair competition, and establishing an effective monitoring and evaluation system to prevent unfair practices
Banking Ïinduciaíy Píinciples in Anticipating Bad Loan Default (PT Bank BTPN Mitra Usaha Rakyat Tbk Teluk Betung Bandar Lampung Branch) Marwan, Marwan; Anggraini, Rika; Iza, Noor
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.v4i5.548

Abstract

Credit provided by banks basically contains risks, so in its implementation banks must pay attention to sound credit principles, including banks are not allowed to provide credit without a written agreement. Efforts to reduce the risk of loss in providing credit, require credit guarantees in the sense of confidence in the ability and ability of debtors to pay off their debts in accordance with the agreement. The problems in this study are: (1) How is the existence of the implementation of individual guarantees for lending to PT Bank BTPN Mitra Usaha Rakyat Tbk Teluk Betung Bandar Lampung Branch in the perspective of the Banking Law and legal guarantees? (2) What are the legal implications for default in the implementation of individual guarantees for lending to PT Bank BTPN Mitra Usaha Rakyat Tbk Teluk Betung Bandar Lampung Branch? The research approach used is a socio-legal research approach. Research data is sourced from doctrinal and non-doctrinal research data. The data is then processed through data selection, data classification and data preparation, then analyzed qualitatively. The results show: (1) The existence of individual guarantees for lending to PT Bank BTPN Mitra Usaha Rakyat Tbk Teluk Betung Bandar Lampung Branch in the perspective of the Banking Law is in accordance with the provisions of Article 8 that in providing credit, Commercial Banks must have confidence in the ability and ability of debtors to pay off their debts in accordance with the agreement. Meanwhile, from the perspective of legal guarantees, additional collateral is in accordance with Bank Indonesia policy. The receipt of collateral in the form of individual guarantees is basically only as an addition to confidence that the credit will run well due to the control of the insurer over the health of the debtor's business. (2) The legal implication for the occurrence of default in the implementation of individual guarantees for lending to PT Bank BTPN Mitra Usaha Rakyat Tbk Teluk Betung Bandar Lampung Branch is that the bank can directly collect the Guarantor to fulfill its obligations, if in the agreement the guarantor has expressly waived the privilege to demand that the debtor's assets be confiscated first. The Bank can collect the Guarantor through a lawsuit in the District Court and then execute it.
Policies and Strategies of Indonesia in Implementing Regulate to Facilitate to Boost National Digital Economy Iza, Noor; Marwan, Marwan; Kusumogambriyanto, Kusumogambriyanto
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.v4i5.549

Abstract

Digital developments must of course be utilized well so that digital economic improvement can be achieved. However, this achievement is certainly not accompanied by the proverbial applause and requires various strategies to achieve it. So, from a national perspective, this research was carried out with the aim of analyzing and expanding Indonesia's strategy in implementing regulations to facilitate the development of the digital economy. The method used in this research is descriptive qualitative with a type of library study so that the data collection technique is carried out by collecting various documents that are related to the research focus. National data that is known to have been collected is then analyzed in depth so that the results of research regarding Indonesia's policies and strategies to facilitate the development of the digital economy are introducing Indonesia's confidence in achieving high targets for e-commerce, developing various strategies that can be used to develop important policies that are in line with dynamic nature of the digital economy, providing education to facilitate the achievement of digital economic strength, providing education and bringing MSMEs to digital platforms, maturing the use of digital payments at every level, building national digital talent, and utilizing community telecommunications network connectivity throughout Indonesia. With this, the national digital economy can improve as envisioned by the Indonesian state.
Analysing the Requirements of a Binding Sale and Purchase Agreement and its Implementation in Property Companies in Indonesia Yetmiaty, Yetmiaty; 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.v4i5.551

Abstract

This article is entitled analysis of the requirements of the sale and purchase binding agreement and its implementation in property companies in Indonesia, using the research method of empirical normative legal approach. The results of this study indicate that the implementation of Government Regulation number 12 of 2021 concerning the requirements of the Sales and Purchase Agreement system requirements is not very effective when applied to Indonesian Property Companies, especially if Property Companies or Development Actors use the Pre Project Selling concept, where in this concept, development actors can sell or market before the property product is built or the licensing requirements have not been fulfilled which results in Article 22 paragraph (5) regarding the requirements of the PPJB system cannot be in accordance with the practices that occur in the property business world in Indonesia.
Settlement of Land Disputes Certificate of Ownership Rights Number 251/Mojosongo Subdistrict Jebres District Surakarta City Review of General Principles of Good Government In Law Number 30 Of 2014 Concerning Government Administration: (Study of State Administrative Court Decision 48/G/2023/PTUN.SMG) Dzaini Wardi, Ali; Maskur, Ali
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.v4i5.552

Abstract

This research aims to determine the Settlement of Land Disputes, Ownership Certificate Number 251/Mojosongo Subdistrict, which can be called SHM No. 251/KM (OC No. 251/MS) through an approach to the principles contained in State Administrative Law in Law Number 30 of 2014 concerning Government Administration. This article uses a juridical-normative research method with library data sources and regulations related to legal documents. The results of this research are Land Dispute Settlement OC No. 251/MSfollowing the General Principles of Good Government (AUPB/GPGG) in the Government Administration Law so that the Semarang TUN court decision following the Principles of Justice, Usefulness, and Legal Certainty under Law Number 5 of 1986 concerning Administrative Courts State (PTUN), findings in related research also show that there are several deviations in the issuance of Land Ownership Certificates which are shortcomings of the Government Agency, namely the National Land Agency, in this case, SHM No. 251/KM includes Fictitious SHM, so it should be necessary to enforce, determine, protect the Law and related facilities more strictly and thoroughly in the Issuance of Ownership Certificate by the relevant agencies as well as fairer and more transparent law enforcement by the Semarang PTUN so that it complies with the Law. PTUN and State Administrative Law, as well as applicable Constitutional Law.
Consumer Protection for Honda Vehicle Users with Frame eSAF Damage Based on the Principles of Consumer Safety and Security Muhammad Alfito Prawidiya Utama; Muthia Sakti
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.v4i5.553

Abstract

Two-wheeled vehicles are one of the primary modes of transportation for the majority of the population today. Honda, a leading manufacturer of two-wheeled vehicles, dominates the market in Indonesia by continually introducing innovations that meet consumer needs. Honda's latest innovation is the Enhanced Smart Architecture Frame (e-SAF). However, in some cases, this frame has experienced damage due to corrosion, which can be detrimental and even dangerous to consumers. This research used a normative legal research method, utilizing a literature review of positive law, data, and other legal materials, supplemented by interviews. The objective of this study is to analyze the aspects of legal protection for consumers using Honda vehicles with eSAF frame damage based on the principles of consumer safety and security. The research results indicated that in this case, Honda did not apply the principles of consumer safety and security, which should be an obligation for businesses to ensure the safety and security of their consumers. Legal protection for eSAF frame users is also assured by Law No. 8 of 1999 regarding Consumer Protection, which offers a robust basis for safeguarding consumer rights, especially their right to safety and security.
Legal Status Of Abandoned Land Pursued As Guarantee Under Law Number 4 Of 1996 Concerning Holding Rights Noor, Aslan; Herlani, Lisa; Faridz Fathurrohman, Mohammad; Lorenza, Melinda; Nurwidianti, Maudy
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.v4i5.554

Abstract

Economic Development is the most important part of National Development which seeks to improve all aspects of community, nation and state life to realize the National Goals of the Republic of Indonesia as stated in the 1945 Constitution of the Republic of Indonesia (1945 Constitution). In realizing National Development, quite a bit of capital is needed. One way to fulfill capital comes from banking sector credit. To provide this capital, banks require collateral to guarantee the return of funds from the credit that has been disbursed. Collateral is required if there is a default on the part of the debtor, then the bank as a creditor can sell the collateral to pay off the outstanding balance of the debtor's loan. The collateral most preferred by banks is usually in the form of fixed assets such as land because they have a fixed value and tend to increase from year to year. In reality, the land pledged by debtors to banks as creditors has the status of abandoned land. Abandoned land is land of rights, land of management rights and land obtained on the basis of land control, which is intentionally not cultivated, not used, not exploited and/or not maintained. As a result, if the debtor defaults, there is no special guarantee for the creditor as the holder of the mortgage rights.
Ius Constituendum Principle of Facing Notary in Making Authentic Deed In the Perspective of Virtual Electronics (Cyber Notary) Raditya, Ami; Resentia, Regina; Shafa Azzahra, Alicia
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.v4i5.555

Abstract

In terms of making authentic deeds in Article 16 paragraph (1) letter m of Law Number 2 of 2014 concerning the Office of Notary explains that the Notary must be physically present and sign the deed in the presence of the face and witnesses, this is the case when compared to common law and civil law countries that have implemented the concept of cyber notary, so how is the legal arrangement expected in the future for the office of notary in Indonesia. This writing uses normative legal research methods with a statutory approach (statue approach) and conceptual approach (conceptual approach). The results show that the legal regulation of the concept of facing a notary in making an authentic deed is contained in Article 15 Paragraph (1), Article 15 Paragraph (3), Article 16 Paragraph (1) Letter m, Article 16 Paragraph (7), Article 16 Paragraph (9), Article 39, Article 40 of Law Number 2 of 2014 concerning the Office of Notary. The concept of facing the making of authentic deeds in the future should be held electronically, taking into account, among others: being subject to and guided by the law, using digital signatures by applying cryptographic technology, authentication of two security keys supported by electronic certification organized by a third party, being responsible for issuing digital certificates, taking responsibility and proving the validity of an electronic document to be used as valid evidence and having a burden of proof that does not conflict with the provisions stipulated in the notary office law, the notary still reads the contents of the deed to the attendees.
The Role of The Ministry of Communications and Information In Preventing The Spread of Hoaxes During The 2024 Election Raihan Fadhilah Putra; Andriyanto Adhi Nugroho
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.v4i4.561

Abstract

According to the Indonesian Constitution, general elections (Pemilu) must be held in order to transfer power from one administration to another. The public's perceptions are distorted as a result of the propagation of hoaxes during elections. In addition to undermining a nation's political stability, hoaxes can harm the standing of the candidates and political parties involved. They can also compromise the integrity of the democratic process. According to Presidential Regulation of the Republic of Indonesia Number 22 of 2023 concerning the Ministry of Communication and Information, the Ministry of Communication and Information is the body in Indonesia that oversees the regulation of information and communication on social media and online media. In this study, we will look at Article 3 of the Presidential Regulation of the Republic of Indonesia Number 22 of 2023, which relates to the Ministry of Communication and Information. According to this regulation, Kominfo is tasked with taking proactive measures to stop the propagation of false information ahead of the 2024 election. Normative approaches are used in this kind of research. The study's findings demonstrate that, in order to comply with Article 3 of the Presidential Regulation of the Republic of Indonesia Number 22 of 2023 concerning the Ministry of Communication and Information, the Ministry will likely employ three main strategies to address hoaxes that circulate during the 2024 election. These strategies include: (1) implementing digital literacy at all societal levels through the National Digital Literacy Movement (GNLD); (2) moderating, curating, and removing content that contains hoaxes; and (3) establishing an Election Monitoring Desk in coordination with the Republic of Indonesia Police and the Election Supervisory Body to conduct law enforcement against those who fabricate and disse.
The Witness and Victim Protection Agency's Strategy for Protecting Justice Collaborators in the Murder of Law Enforcement Officers (A Case Study of the Murder of Brigadier Joshua Hutabarat) Kando, Rachmat; Eddy Sam Karauawan, Donny; Jumiran, Jumiran
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.v4i5.562

Abstract

This study was undertaken as part of the Witness and Victim Protection Agency's strategy disclosure for protecting Justice Collaborators in cases involving the murder of law enforcement officials. This needs to be addressed, as the situation is urgent owing to the legal vacuum. The goal of this study is to explore the need for new arrangements with Justice Collaborators. The study method utilised is doctrinal legal research with two methodologies. The first is the approach to legislation governing Witness and Victim Protection, namely the Criminal Procedure Code and Law Number 31 of 2014. The second approach is conceptual, which combines theory and facts. The concern with this study is the Witness and Victim Protection Agency's (LPSK) role in the Protection of Justice Collaborators. Second, how does the Witness and Victim Protection Agency (LPSK)'s method for Protecting Justice Collaborators in the murder of law enforcement personnel compare to Brigadier Josua Hutabarat's murder case study? The problem formulation is critical to how this research can proceed, particularly in describing the issues in this study.

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