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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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Law Enforcement Against Perpetrators Participating in Corruption Crimes in Higher Education Institutions in Indonesia Febrianto, Febrianto
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.v4i5.564

Abstract

The purpose of this study is to examine how law enforcement applies to perpetrators who participate (medepleger) in criminal acts of corruption. This study uses a normative juridical legal research method with a case approach in the Tanjungkarang District Court Decision Number 1/Pid.Sus-TPK/ 2023/PN.Tjk and analyzed using evaluative methods. The results of the study conclude that law enforcement against criminal acts of corruption carried out jointly must be carried out fairly and effectively, taking into account the unity of intention and cooperation between the perpetrators. It is hoped that the results of this analysis can contribute to the development of criminal law studies, especially in handling corruption cases involving many parties.
Legal Analysis of the Position of Personal Guarantee Owners in the Bank Credit Agreement Structure Aslan Noor; Yeti Setiawati; Melliana Wijaya; Rohmani, Rodiah
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.567

Abstract

Bank loans play a vital role in supporting economic activities in Indonesia. One important instrument in managing credit risk is a personal guarantee, which involves a third party or the debtor himself to guarantee repayment of the loan in the event of default. This study analyzes the legal position of personal guarantees in the structure of bank credit agreements in Indonesia, identifying the effectiveness and risks associated with the use of personal guarantees. The normative juridical research method is used to explore conceptual and statutory approaches, and compare practices in the field. The results show that although personal guarantees provide an additional layer of security for banks, their utilization must be followed by an in-depth assessment of the guarantor's financial condition and the legal agreement made. Strict regulations and the application of prudential principles by banks are important to ensure that personal guarantees are effective in reducing credit risk, while supporting sustainable economic growth.
The Dilemma of Restorative Justice in the Case of Plantation Land Fires Kurnia Dermawan, Aji; Mustakim, Mustakim
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.568

Abstract

The haze disaster due to plantation fires that has long occurred in a number of regions in Indonesia, apart from being exacerbated by extreme drought, there are also deliberate factors both individuals and corporations for land preparation. A vindicative justice approach that punishes the perpetrators with severe penalties has been implemented. Ironically, fires continue to recur almost every year. The Covid-19 pandemic and the adoption of the omnibus law have finally encouraged a new paradigm of law enforcement oriented towards economic recovery by prioritizing restorative justice oriented towards non-penal sanctions. This research is a qualitative doctrinal legal research with a statute and case approach. The results show that the application of restorative justice in the case of plantation land fires is not possible because it is included in an excluded environmental crime. The application of restorative justice in plantation fire cases needs to be done selectively, namely only for negligence that does not cause harm to people and significant environmental damage. In addition, smallholders, traditional farmers, and indigenous peoples are entitled to a fair settlement of land fire cases based on the principles of restorative justice and local wisdom.
Potential Management of Nusakambangan Island as a Special Area for Rehabilitation and a National Defense and Security Zone Heru Yoga Pamungkas; Adnan Madjid; Irwan Triadi; Pujo Widodo; Achmed Sukendro
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.570

Abstract

As an area restricted solely to the execution of penal functions, research interests, and mining activities, Nusakambangan Island primarily serves the purposes of securing and rehabilitating inmates. Consequently, the development of Nusakambangan Island should ideally focus on implementing a robust penitentiary system. Currently, however, development efforts on Nusakambangan Island are limited to constructing facilities supporting correctional institutions, overlooking its broader potential and functions for national interests. The aim of this study is to analyze the existing conditions to ascertain its potential and identify the challenges in managing Nusakambangan Island as a special area for rehabilitation, national defense, and security. The research methodology employed is qualitative, utilizing a participatory observation approach with full participation. Primary data was gathered through direct observation by the researcher, while secondary data was obtained through a juridical normative approach. The findings reveal that annual population migration into the Nusakambangan area is increasingly uncontrollable, sedimentation issues in the Segara Anakan area lack clear management, ongoing debates over island management persist, and the Directorate General of Corrections' limited authority over Nusakambangan Island exacerbates these complex issues. To optimize the penitentiary system, it is recommended that Nusakambangan Island be designated as a proportionally closed special area solely open for research, protected forests, and mining interests under clear policy directives.
The Role of Indonesia in Mitigating the Humanitarian Impact of the War in Gaza through Humanitarian Assistance Chandra, Arlina Alfiani; Sukendro, Achmed; Uksan, Arifuddin; Widodo, Pujo; Anas, Muhammad Riza Fathu
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.571

Abstract

The outbreak of the Hamas-Israel war in October 2023 resulted in significant humanitarian impacts, including tens of thousands of civilian casualties, destruction of homes, places of worship, and hospitals, heightened potential for diseases, and deep-seated trauma. The humanitarian impact in Gaza became a global issue requiring immediate attention, including from Indonesia. This research aimed to explore the Hamas-Israel conflict, highlighting Indonesia’s active role in alleviating humanitarian impacts in Gaza through humanitarian assistance. Descriptive qualitative methodology was used in this research to provide a comprehensive understanding of the topic. Data were collected through a literature review from relevant books, journals, and websites to elucidate Indonesia’s role in mitigating the humanitarian impact of the Gaza conflict through humanitarian assistance. The study employed Conflict Theory, Constructivist Theory, and Humanitarian Assistance Concepts for analysis. The study results revealed that Indonesia had provided humanitarian aid covering basic needs such as food, water, and medical supplies, alongside funding for hospital repairs delivered via sea and air routes in collaboration with Egypt and Jordan. Indonesia guided by its national goal to achieve world peace is committed to give humanitarian assistance throughout the Hamas-Israel war while supporting a two-state solution as a conflict resolution.
Analysis of Dynamic Framework to Prevent Potential Post-Migration Conflict of Rohingya Ethnic in Aceh Anas, Muhammad Riza Fathu; Sukendro, Achmed; Malik, Ichsan; Widodo, Pujo; Chandra, Arlina Alfiani
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.572

Abstract

The lack of recognition for the Rohingya ethnic group by Myanmar and Bangladesh had led to the influx of Rohingya refugees into the Aceh region of Indonesia. This research aimed to analyze the dynamics of conflict post-migration of the Rohingya ethnic group by utilizing the Dynamic Framework, which identified components of escalation and de-escalation, conflict factors, conflict actors, stakeholders, and political will. The methodology employed in this research was a qualitative approach with data collected through a literature review related to the research topic. The findings indicated that the potential for conflict arose post-migration of the Rohingya ethnic group due to criminal activities committed by the refugees while in Aceh, resulting from the government's failure to impose strict sanctions and the unclear status of the Rohingya refugees. Local community and students, responded negatively to this situation, necessitating further involvement from the central and local governments to prevent potential conflicts between Rohingya refugees and local residents. Although Indonesia had not ratified the 1951 Vienna Convention and its 1967 Protocol, Indonesia, through Presidential Regulation No. 125 of 2016, continued facilitate the Rohingya ethnic group humanely without neglecting the interests of local residents to prevent potential conflicts from escalating.
The Binding Force of A Fiducia Deed In Which There is An Element of Dwaling (Defect of Will) Noor, Aslan; Dibrata, Shintadewi; Purnama, Selly; Meliani, Indri
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.v4i5.573

Abstract

Dwaling is a defect of will that can lead to the invalidation of an agreement if one party gives consent based on misinformation. This study uses the juridical analysis method to assess 50 fiduciary deed cases, of which 20% contain dwaling elements. The results show that dwaling often occurs due to the lack of in-depth verification by the notary and unclear communication between the relevant parties. As a result, fiduciary deeds containing dwaling are often declared null and void, causing financial losses for creditors and legal risks for debtors. This research highlights the importance of due diligence, transparency, and strict supervision of the notary profession to prevent dwaling and ensure legal certainty in fiduciary agreements. Recommendations include strengthening regulations, improving understanding of related parties, and stricter enforcement of notary ethical standards. This research aims to provide greater insight into the importance of integrity in fiduciary deed making and the steps needed to mitigate the risk of dwaling.
Voting Behavior Patterns of Gen Z in the 2024 Indonesian Presidential Election in DKI Jakarta Kholilah Yahya, Nadiyah; Dewi Warsoyo, Atika; Muchamad Ghani, Irpan
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.v4i5.574

Abstract

This study  aims to analyze the voting behavior patterns of Generation Z (Gen Z) in the 2024 Indonesian Presidential Election in DKI Jakarta, focusing on the influence of social, psychosocial, and rational choice variables on voting behavior. This study uses a quantitative survey method with questionnaires distributed to Gen Z respondents in DKI Jakarta. Data were analyzed using Structural Equation Modeling (SEM) to examine the relationships between social, psychosocial, and rational choice variables with voting behavior. This research is a continuation of previous studies discussing the voting behavior patterns of first-time voters analyzed using voting behavior theory with social, psychological, and rational choice approaches. However, to support the novelty of the analysis, this research focuses on the behavior patterns of Gen Z in the 2024 presidential election. The findings reveal that in the digital era, social media plays a crucial role in shaping Gen Z's political preferences, while psychosocial factors, such as candidates' historical backgrounds and emerging issues, have a significant direct influence on Gen Z's voting behavior. These findings provide essential insights for policymakers and political practitioners in designing effective communication strategies for Gen Z and enrich the academic literature on young voters' behavior in the digital era.
The Position of Debt Collectors in the Implementation of Parate Execution of Fiduciary Guarantees Based on Law Number 42 of 1999 concerning Fiduciary Guarantees Noor, Aslan; Chandra, Levina Abigail; Manurung, Norika; Sule, Aprilia Maharani
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.577

Abstract

Fiduciary guarantees in Indonesia are regulated in Law Number 42 of 1999. This guarantee provides security for creditors by binding movable property, both tangible and intangible, as well as immovable property, especially buildings that cannot be encumbered with mortgage rights. Debt collectors have an important role in the debt settlement process through parate execution, which is a direct execution of the fiduciary guarantee object without the need to go through court. The purpose of this research is to identify and analyze in depth the challenges faced in the implementation of existing laws, particularly in the context of parate execution by debt collectors. This research aims to document the weaknesses in the law that allow such violations to occur and explore more effective legal solutions. This research uses a legal research method that uses normative juridical research, which is research intended to conduct a study of the application of rules or norms in positive law. The result of this research is that the implementation of parate execution in fiduciary guarantees often involves debt collectors who have an important but controversial role, often causing abuse of authority and violations of human rights. Although regulations already exist, challenges still arise such as human rights violations, lack of legal understanding among debt collectors, and suboptimal supervision and law enforcement.
National Strategic Project (Rempang EcoCity): Indigenous Peoples' Resistance in Responding to the Grabbing of Customary Land in Rempang Island Aswad Asruddin, Fajar; Efendi , David
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.578

Abstract

The agrarian conflict in Rempang Island, Batam, centres on the construction of the Rempang Eco City National Strategic Project which requires the relocation of indigenous communities who have long lived there. This research aims to analyse indigenous peoples' resistance to the dispossession of customary land caused by the project, which threatens their existence. This research uses a qualitative approach with a literature study and secondary data analysis from online media coverage. Data was collected through NCapture with the keyword "Rempang" and analysed using NVivo12 Plus to understand the forms of resistance that emerged in the online media coverage. The results showed that the resistance of the Rempang indigenous community to the Rempang Eco City project arose due to development policies that did not involve them, threatening their existence. This resistance was triggered by the fear of losing customary land. Meanwhile, online media coverage highlighted the conflict between the community, security forces, and the project. From the results of content analysis, open forms of resistance actions such as "confrontation and sabotage" and closed forms of action such as "symbolic protests", as a response to perceived injustice. From the results of the narrative analysis, online media coverage tends to focus on social conflict and economic impacts, using words such as "Rempang," "residents," and "government." This research reveals the social dynamics and community responses to the controversial project on Rempang Island

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