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INDONESIA
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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Semiotic Analysis of Cartoon Content on the Instagram Account Feed of the President of the Republic of Indonesia @Jokowi Rahman, Radif; Septariza, Dodi; Nazurah Setiawan, Filzah
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.v4i5.579

Abstract

In the era of growing technological developments, the delivery of messages is not only done directly but can also be delivered indirectly through social media. Instagram social media is one of the places to communicate. This study aims to understand the signs and visual meaning of the cartoon content on the @jokowidodo account feed on January 1, 2024 which contains Happy New Year greetings using Ferdinand De Saussure's semiotic theory. The method used is a descriptive qualitative method with a constructivist / interpretative paradigm. The results of the study found that there are 25 contents in one "Happy Birthday 2024" upload on the @jokowi account where each content has its own meaning such as the content "Kesmas Services" has the meaning that Joko Widodo wants to convey the priority of health services for people in all parts of Indonesia by making the 2024 health budget which has been planned at Rp. 186.4 trillion or 5.6% of the total APBN. This figure is 8.1% or Rp 13.9 trillion larger than in 2023. Political messages are also tucked away in the content, conveying the President's message of closeness to one of the 2024 Election Presidential candidates. So that the upload of the greeting "Happy Birthday 2024" is not only limited to greetings and hopes but also displays various kinds of Indonesian achievements until 2024 that have been carried out by President Joko Widodo.
Application of the Ex Aequo Et Bono Principle to the Reconsidered Arbitration Award (Case Study of the Decision of the Indonesian National Arbitration Board (BANI) NUMBER 43032/VI/ARB-BANI/2020) Irgi Fahreza Chandra; Syofiaty Lubis
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.v4i5.581

Abstract

In business cooperation agreements, it is important to establish measures to prevent future conflicts. This involves adding a "Dispute Resolution" clause in the agreement, which specifies how to handle conflicts using the application of the ex aequo et bono principle, either through the courts or arbitration. The purpose of the Research is to find out the arbitrators apply the principle of ex aequo et bono in arbitration awards, and the court's authority in handling arbitration award cases that are challenged in court. This research uses an empirical juridical method, which is research that seeks to see the law work in society, By using a case approach and statutory approach which aims to study the implementation of a law or legal rule carried out in legal practice and examine references related to the issue being studied, namely the Decision of the Indonesian National Arbitration Board (Bani) NUMBER 43032/VI/ARB-BANI/2020 jo Medan District Court Decision Number 831/Pdt/G/2021/PN Mdn jo Supreme Court Decision 1371 B/Pdt.sus-Arbt/2022. The results showed that the application of the concept of ex aequo et bono can be done if the parties agree to use this principle but it is carried out carefully by the arbitrator, The authority of the court in examining arbitral awards is limited to the annulment of arbitral awards at the first and appellate levels (Supreme Court), registration of arbitral awards and requests for execution of arbitral awards, However, arbitral awards that have reached the final stage of Appeal (Supreme Court) cannot be sued to the court because it is not the authority of the court to examine the case, this is in accordance with court decision number 326/Pdt.G/2023/PN Mdn.
The Impacts And Challenges Emanating As Consequence From The “Black, Grey, And White (BGW) List” On Port State Control In The Asia-Pacific Region Hidayah, Ferro
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.v4i6.587

Abstract

This study aims to describe the understanding of the flag-state administration, recognized organizations, and seafarers onboard regarding the implementation of the port State control for dealing with the impacts and challenges resulting from the results of inspections by port State control. The research relies on qualitative analysis. The primary data was obtained from personal experience and informal discussions with Port State Control Officers (PSCO) of Indonesia and related parties to this research. The secondary data was gathered from National regulations relating to the ratification of IMO conventions, the annual port State control reports in the Asia-Pacific region, publications of organization, sources of documentation, journal references, and various works and literature supporting this research's objectives. The ultimate responsibility of keeping the ship in compliance with international standards lies with the shipowner, flag States, and other relevant industry players. The "Black, Grey, and White List" is the driving force for the shipowners and flag State to encourage them to improve their performance. The goal of every flag State should be to appear high up on the list as possible. For example, the ship flags with a consistently low detention record by port State control will be on the White list. The flag state on the White list means meeting its obligation to register safe and seaworthy ships. It also puts the client at minimal risk of operational difficulties. It makes registering vessels with such flag status of interest to shipping associations to recommend that shipping companies or shipowners choose the appropriate flag.
Representation of Muslim Women in Youtube Media: Laïcité Policy and Human Rights in France Husnah, Nurul; Ulinnuha, Roma
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.v4i6.588

Abstract

This study focuses on the representation of Muslim women in France within France24's YouTube content, particularly concerning Laïcité policy and human rights issues. It analyzes perspectives from politicians, historians, and members of the Muslim community to understand the impact of Laïcité on Muslim women's rights. Muslim women in France face tensions between secular values and their religious identities, often resulting in feelings of isolation and marginalization. The research employs the Netnography method with a content analysis approach to explore this topic on France24's YouTube channel. Findings indicate that France24 plays a central role in presenting diverse perspectives and complex situations. The coverage highlights the effects of Laïcité on Muslim women's individual rights, emphasizing potential limitations on their religious identities. The public's understanding of Laïcité and its influence on Muslim women is analyzed based on the presented content. This provides a comprehensive depiction of how views on Laïcité policy are reflected in media platforms and how it affects the perception and individual human rights, particularly for Muslim women in France.
Juridical Study of Resolution of Land Ownership Conflicts In The Development of Legal Security In Indonesia Saputra, Dedi; Suprapto, Suprapto; Satriawan, Devi
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.v4i5.594

Abstract

Conflicts over land ownership rights occur because of the existence of two different legal systems, namely the western legal system used by the Dutch and customary law such as customary law which is still applied in Indonesia. As a result, documents that are still under control based on the legal system, for example girik documents, SKT, stakes and so on, make legal certainty unclear. Certainty of land ownership rights in Indonesia is currently regulated based on UUPA no. 5 of 1960 in the form of a certificate document as proof of strong land control which contains physical data and juridical data as proof of land ownership rights. The best solution to resolve land ownership conflicts is to register ownership rights to land obtained based on the Dutch legal and customary system in accordance with UUPA no. 5 of 1960 and PP no. 24 of 1997 concerning land registration in conjunction with PP No. 18 of 2021 concerning management rights, land rights, apartment units, and land registration in conjunction with jurisprudence No. 234 K/Pdt/1992.
Review of Siyasah Dauliyah on the Immigration Document Control System for Indonesian School Students in Kota Kinabalu by the Consulate General of the Republic of Indonesia Kota Kinabalu Sabah Malaysia Atqiyatun Nisa, Syifa; Asro, M.; Fahrul Rizal, Lutfi
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.v4i5.595

Abstract

This research aims to conduct an in-depth review of legal supervision of immigration documents of Indonesian School students in Kota Kinabalu by the Consulate General of the Republic of Indonesia in Kota Kinabalu Sabah Malaysia through the perspective of Siyasah Dauliyah. This study uses an empirical legal method by looking at the legal reality that exists in society which includes legal identification of legal effectiveness. The data collected were analyzed descriptively. The results of the study indicate that supervision of immigration documents of Indonesian citizens residing in foreign countries has been regulated in Law Number 6 of 2011 concerning Immigration. This law regulates the implementation and function of immigration both domestically and as representatives abroad. This study also identified several obstacles in the supervision of immigration documents of Indonesian citizens residing in Malaysia. These obstacles include understanding the rights and obligations of living in other countries, lack of awareness of the importance of travel documents or residence permits in other countries, and criminal provisions for not having complete immigration documents. That supervision of immigration documents of Indonesian citizens needs to be improved through comprehensive efforts. There needs to be a better awareness of the importance of immigration documents when outside Indonesia, whether travel documents or residence permit documents in other countries, an understanding of the rights and obligations of migrant citizens, and the criminal acts of not having complete immigration documents.
Implementation of the Correctional System For Inmates In Class I Correctional Institution Medan Ali Adnan, Muhammad; Siringo Ringo, Gideon; Sunarto, Atika
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.v4i6.597

Abstract

The correctional system is an important component in the framework of the integrated criminal justice system in Indonesia. This institution has strategic duties and responsibilities in enforcing the law and providing guidance to prisoners, correctional students, and correctional inmates at the pre-adjudication, adjudication, and post-adjudication stages. The implementation of the penitentiary system in Indonesia is based on the noble values ??of Pancasila and the state constitution, which upholds the principles of legal protection and respect for human rights. However, the implementation of the correctional system in many correctional institutions in Indonesia still faces various obstacles and problems. One of the crucial issues that often arises is the problem of overcrowding or excess housing capacity in correctional institutions. This condition not only gives rise to various technical and security problems but also hampers development and rehabilitation efforts for prisoners. This research aims to examine in depth three main aspects related to the penitentiary system in Indonesia. First, this research will analyze the legal basis and statutory regulations governing the correctional system, starting from constitutional norms to operational technical regulations. Second, this research will explore various efforts and strategies carried out by correctional institutions, especially the Medan Class I Correctional Institution, in overcoming the problem of overcrowding and optimizing the implementation of Law Number 22 of 2022 concerning Corrections. Third, this research will comprehensively analyze how the law is implemented in the practice of coaching and mentoring prisoners at the Medan Class I Penitentiary. The research method used in this study is an empirical juridical research method, which combines normative studies of statutory regulations with direct observation and interviews in the field. This research is descriptive-analytic, which means that the data and information obtained will be analyzed in depth concerning the applicable legal framework. The research results show that legal regulations regarding the penitentiary system in Indonesia are rooted in higher legal norms, namely Pancasila and the 1945 Constitution, which are then revealed in various statutory regulations, including Law Number 22 of 2022 concerning Corrections. To overcome the problem of overcrowding at the Medan Class I Correctional Institution, the institution has made various efforts, such as optimizing the social reintegration program, transferring prisoners to other correctional institutions that have more adequate capacity, and collaborating with various related parties. Implementation of Law Number 22 of 2022 concerning Corrections in Class I Medan Penitentiary covers various aspects, starting from fulfilling the rights and obligations of prisoners, implementing coaching and mentoring programs, as well as implementing a security system that is under applicable security standards. Even though there are still several obstacles in its implementation, the institution continues to strive to improve and improve the quality of the implementation of the correctional system to achieve the goals of law enforcement and justice.
Legal Protection Against Child Labor As Employers Mine Excavations Minan, Minan
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.v4i6.598

Abstract

Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity, as well as receive protection from violence and discrimination. The aim of this research is to determine the penalties for mining entrepreneurs who employ minors and to determine the form of legal protection for minors mining workers. This research is normative legal research with a statutory approach. The types of legal materials used are primary, secondary and tertiary book materials. The research results show that the punishment for mining entrepreneurs who employ minors based on Minister of Manpower Regulation 01/MEN/1987 is punishable by imprisonment for a maximum of three months or a fine of up to Rp. 100,000,- (one hundred thousand rupiah). Forms of legal protection for minor mining workers include: protection of working and rest hours, wage guarantees and social security for occupational safety and health, as well as fair and humane treatment. Protection for child workers in the formal sector is regulated by the Minister of Manpower in his regulation no. Per.01/Men/1987 and its implementing regulations, namely: a) Entrepreneurs are required to report mandatory reporting procedures and forms regulated by the Minister of Manpower; b) For labor inspection employees, when carrying out inspections, they should pay special attention to the protection of child workers, and intensify reporting of the results of analyzing and evaluating inspections. Judging from the form of sanctions, the amount of sanctions in the form of monetary fines should not be stated because the value of money is always changing. A monetary fine of Rp. 100,000,- is not commensurate with a prison sentence of three months nowadays. As an option, a monetary fine equal to the entrepreneur's living costs for three months can be stated.
The Role And Responsibilities of A Notary In Public Services Based on Professional Ethic Morals and Law Widya Chandra, I Gusti Ayu; Novy Purwanto , I Wayan
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.v4i6.601

Abstract

The purpose of this research is to determine the role of notaries and the responsibilities of notaries. This legal research uses empirical legal research and then uses a legislative approach and analysis of legal concepts as well as qualitative methods, the results of which are presented in a systematic qualitative descriptive manner. Based on the analysis, it is known that notaries play a role in providing services to the public in accordance with moral principles and professional ethics through authentic deeds as valid evidence. Notaries have the responsibility to provide services to the public in accordance with moral principles and professional ethics in accordance with the notary code of ethics in the UUJN, and other regulations.
A Cyber Notary Based Notarial Deed Relating To The Obligation To Make An Authentic Deed Meylita Dewi, Vania; Novy Purwanto, I Wayan
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.v4i6.603

Abstract

The purpose of this research is to find out the regulations regarding cybernotaries in Indonesia and the validity of notarial deeds made through cyber notaries in relation to the obligation to make authentic deeds. This research uses a normative legal approach because of conflict norms, by analyzing legal concepts and legislative approaches, and using qualitative methods whose results are presented descriptively. Based on the analysis, it is known that regulations regarding cyber notaries in Indonesia are regulated in the UUJN. The validity of a cyber notary's notarial deed in issuing an authentic deed is considered valid if it complies with Article 16 paragraph (1) letter m and Article 38 UUJN and Article 1868 of the Civil Code.

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