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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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Fulfillment of the Constitutional Rights of Persons with Disabilities to Employment Opportunities in the Banking Industry of State-Owned Enterprises Anggraini, Nastitie Kusuma; Susetyo, Heru
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.v4i6.604

Abstract

Employment is one of many important aspect in the area of human rights protection. Indonesia’s citizens have the right to work and a decent livelihood, including people with disabilities. As one of the efforts to enhance opportunities to improve the welfare of persons with disabilities, Indonesian Law Number 8 of 2016 on Persons with Disabilities was formulated, which contains various arrangements regarding the rights of persons with disabilities and the State’s obligations to fulfill those rights. This study aimed to provide an overview of these regulation’s fulfillment, especially that related to equal employment opportunities for persons with disabilities, with a particular focus on the banking industry within SOEs. This study employs a non-doctrinal, descriptive-analytical approach to analyze Law No. 8/2016 on Persons with Disabilities, focusing on Article 53(1) regarding workforce representation in state-owned enterprises. Data is gathered through literature reviews and stakeholder interviews, using qualitative analysis to evaluate legal norms and provide a comprehensive understanding of the legal context. The finding revealed that the state plays a crucial regulatory role in protecting the rights of persons with disabilities, yet the implementation of Article 53(1) of Law No. 8/2016 has been inadequate, resulting in less than 0.5% representation in BUMN banks against the mandated 2%. To improve compliance, both the state and companies must prioritize recruitment and create inclusive opportunities for persons with disabilities.
The Role Of Correctional Institutions In Ensuring The Right To Health Of Prisoners In Indonesia: A Systematic Literature Review Efendi, Ervan; Hariansah, Syafri
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.v4i6.607

Abstract

Prison inmates have the right to receive the same health services as Indonesian citizens, and must be served well and without discrimination. Fulfillment of these rights must be in accordance with human rights in Indonesia. The role of correctional institutions in carrying out the coaching function is stated in Law Number 22 of 2022 concerning correctional institutions. This research aims to examine literature reviews related to the role of correctional institutions in ensuring the right to health of prisoners. The research method uses the SLR (Systematic Literature Review) method. Data collection was obtained by documenting articles related to similar research. The articles obtained and used in this research were 8 national journal articles that could be obtained from the Google Scholar database using the publish or perish application. Based on the research results, the role of correctional institutions has been to implement prisoners' health rights, but this has not been carried out optimally and optimally due to several obstacles in the process of training prisoners.
Investment Climate And Ease of Doing Business In Indonesia After The Issuance of The Job Creation Law (Juridical Analysis On The Implementing Regulations On The Use Of Space) Kurnia Lestari, Sukma; Ahmad, Suparji
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.v4i6.608

Abstract

The Job Creation Law (Job Creation Law) and Government Regulation No. 21 of 2021 on the Implementation of Spatial Planning have a significant impact on Indonesia's investment climate and business environment. The Job Creation Law aims to create more jobs, protect business founders, boost investment, simplify business operations, and enhance worker protection and welfare by streamlining regulations that hinder economic growth. The implementation of Government Regulation No. 21 of 2021, which derives from the Job Creation Law, includes reducing bureaucratic hurdles, attracting more investment, and improving infrastructure management to foster a favorable and sustainable business environment. These measures are expected to enhance Indonesia's appeal as an investment destination for both domestic and international investors, thereby promoting sustainable economic growth. This growth aligns with sustainable development principles, emphasizing the conservation of natural resources and environmental sustainability for the benefit of current and future generations. The CK Law and Government Regulation No. 21/2021 mandate the simplification (streaming) of the spatial planning hierarchy, where in PP 21/2021 it is implemented in the Elimination of Provisions for the Determination of Strategic Areas, the integration of the technical content of marine space into one spatial plan product, the period for the preparation and determination of the RTRW is limited to a maximum of 18 months, starting from the implementation of the preparation of the RTRW, and the strategic environmental assessment is integrated into the technical material of the RTRW,  are no longer compiled in separate documents. Another aspect of PP 21/2021 is that specifically for the Provincial RTRW, the technical material for the integrated coastal waters cargo must have received technical approval from the Minister of KKP.
Registration of Mortgage Rights that Exceed the Time Limit at the Agrarian and Spatial Planning Office/National Land Agency Based on Law Number 4 of 1996 in Tasikmalaya City Noor, Aslan; Anita, Dewi; Wijaya, Anandya Tasya; Adiwijaya, Ratna Sari Putri
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.v4i6.616

Abstract

Mortgage is defined as a security right imposed on land rights. On 19 April 1996, Law Number 4 of 1996 on Mortgage Rights over land and objects related to land (UUHT) was enacted. This system is regulated in PMATR/KBPN Number 5 of 2020 concerning electronically integrated Mortgage Rights Services, which aims to provide certainty and legal protection in utilising land as an object of Mortgage Rights. This research examines how the registration of Mortgage Rights that exceeds the time limit at the ATR / BPN Office based on UUHT Number 4 of 1996 in Tasikmalaya City and what are the legal consequences if the registration of the Deed of Granting Mortgage (APHT) exceeds the time limit at the Agrarian and Spatial Planning Office / National Land Agency.The research method used is Empirical Juridical, with data sources from the ATR / BPN Office of Tasikmalaya City, PPAT, and Mortgage Rights Applicants in Tasikmalaya City. The data collection technique uses primary and secondary data. The results show that the process of encumbering Mortgage Rights in Tasikmalaya City often exceeds the time limit of 7 working days stipulated by UUHT article 13 paragraph (2), with an average delay of 0.28% during January to July 2024. The legal consequences are administrative sanctions in the form of verbal warnings. This delay does not cause the cancellation of Mortgage Rights, but the law cannot provide optimal protection to creditors according to the purpose of the certificate of mortgage rights.
The Relationship Between Isbat Marriage Polygamy Sirri and Supreme Court Circular Letter (SEMA) Number 3 of. 2018 N. Makfiyati; Syafe’i, Zakaria; Hidayat, Ahmad
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.v4i6.629

Abstract

Following the issuance of SEMA Number 3 of 2018, polygamy has become a subject of considerable debate. This is due to the fact that the SEMA contains a sentence that allows for the application of isbat nikah for sirr polygamy marriages, despite the From the perspective of children's best interests, this is regarded as unacceptable by some legal practitioners and academics, who view it as contrary to the provisions of Marriage Law No. 1 of 1974 regarding marriage, as well as the prevailing Compilation of Islamic Law in Indonesia. This study aims to ascertain the position of isbat polygamy sirr in relation to the Marriage Law and the Compilation of Islamic Law, taking into account the provisions of SEMA Number 03 of 2018. Adopting a qualitative research approach with a normative legal perspective, the study draws primarily on library research, employing both a legal approach and a conceptual approach to data collection. Following an exhaustive investigation and deliberation, it can be concluded that the SEMA has effectively barred the possibility of obtaining an isbat nikah for polygamy sirr. The 3/2018 decree must be re-examined, particularly with regard to the relevance and suitability of the principles of benefit pertaining to women who are adversely affected by this action. The prohibition of this SEMA does not imply that the polygamous marriage in question is considered invalid. This is because the context of this SEMA solely pertains to the authority of judges. It can be interpreted that this SEMA acknowledges the religious validity of the marriage, thereby recognizing the legitimacy of the children produced from this union. The issuance of this SEMA, however, is a misstep as it has a detrimental impact on women in polygamous relationships.
Position and Authority of the Constitutional Court as a Guardian of the Constitution Arifin, Firdaus
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.v4i5.630

Abstract

The provisions of Article 24C of the 1945 Constitution have given the Constitutional Court the authority of the Constitutional Court as an institution that resolves cases related to the Indonesian constitution, which makes the Constitutional Court a guardian of the constitution. A special feature of the Constitutional Court is the authority to conduct judicial review. The role of the Constitutional Court as a guardian of the constitution is seen as incomplete because there is no regulation of constitutional questions. This research is a normative juridical research with a statutory approach and a conceptual approach, secondary data is obtained through a library study and then analyzed qualitatively juridically. The results of the study state that the Constitutional Court as the guardian of the constitution is positioned as a constitutional state organ with the philosophical basis of the authority of the Constitutional Court based on substantive justice. The realization of the Constitutional Court as a guardian of the constitution will be sharper if there is a constitutional question mechanism. Therefore, it is necessary to change the legal basis related to the authority of the Constitutional Court which includes the constitutional question as the authority of the Constitutional Court.
Qualifications and Legal Enforcement of Money Cheating and Money Game Actions in Banking Transactions from the Perspective of Banking Laws Haykal, Hassanain; Yosep Seftiadi; Gneissa Beltsazar; Safna Khaerani; Jillan Syifa
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.v4i6.641

Abstract

Violations of banking regulations and principles in banking practices carried out by certain parties for personal gain, such as commissioners, directors, shareholders, and bank employees. These actions, such as channeling profits to subsidiaries, maintenance billing, credit pipelines, and credit recycling, are categorized as Money Cheating. Meanwhile, Money Game is a form of illegal investment involving unauthorized fund collection, in accordance with the Banking Law. Although both practices appear to be fraudulent crimes, it is necessary to examine whether they constitute banking crimes or financial crimes. In Indonesia, there are no regulations or studies that specifically distinguish between Money Cheating and Money Game, despite the increasing prevalence of both practices in the banking sector. This study uses a normative juridical method to qualify Money Cheating and Money Game actions based on the Banking Law. The results of the study indicate that Money Cheating can be qualified as a banking crime according to Article 49 paragraph (1) of the Banking Law, while Money Game involves the application of several legal rules such as Article 46 paragraph (1) of the Banking Law, Article 378 of the Criminal Code, and Articles 3, 4, and 5 of the Anti-Money Laundering Law. In conclusion, both practices are serious criminal offenses that require strict legal sanctions to maintain the integrity of the banking system.
Progressive Legal Perspective in Providing Legal Protection for Educators.: English Dewi Asri Yustia; Rika Kurniasari Abdulgani; Leni Widi Mulyani
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.v4i6.646

Abstract

Education plays an important role in building the civilization of a nation and the development of society. The Indonesian Constitution has guaranteed the implementation of education as stipulated in Article 28 C paragraph (1) of the 1945 Constitution. The government is also obliged to play an active role in the implementation of the national education system in order to improve faith, piety, and noble character in order to educate the nation's life, as the goal of the Indonesian state. It is not easy for a Teacher to provide education to students, on the one hand the Teacher needs to provide an understanding of knowledge and on the other hand the Teacher must provide an understanding of attitude and discipline. One of the cases that occurred was in 2012, when a Teacher took disciplinary action against 4 of his long-haired students by shaving the student's head, but one of the students did not accept the action and reported the teacher actions to his father and then reported the teacher to the Police. Although there are legal rules governing the protection of teachers, there are still legal cases experienced by teachers. Therefore, it is necessary to conduct an assessment with regard to (1) What are the obstacles to legal protection for educators? (2) How does progressive law view legal protections for educators to avoid criminalization? and (3) How is the resolution of conflicts between the Teacher and the student handled when carrying out disciplinary duties.
Comparison of Civil Law and Common Law Legal Systems in the Application of Jurisprudence Samudera Erlangga, Afga; Poespasari, Ellyne Dwi
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.v4i6.649

Abstract

Civil law system (Continental European legal system) and Common law system (Anglo-Saxon legal system). Civil law system is a different legal system. The civil law system has a legal source that comes from the codification of written law or legislation, therefore judges are not bound by the principle of precedent or the doctrine of stare decicis, so that the law becomes the main legal reference, while the common law system has a history. The United Kingdom which makes court decisions as its legal basis when there is a case decided by a judge, the Judge's Decision is not only binding on the litigants but applies generally to similar cases. The common law system adheres to the principle of precedent or the doctrine of stare decicis (the obligation of judges to follow previous decisions in similar cases). In connection with the comparison of legal systems in Indonesia and in other countries in the application of Jurisprudence, there are two problem formulations, namely First, Comparison of law between civil law system and common law system. Second, the position of jurisprudence in the civil law system and the common law system.
Application of Pasal 98 Ayat (2) and (3) Jo Pasal 196 Undang-Undang No 36 of 2009 Concerning Health (Analysis of Decision No. 134/Pid.Sus/2023/Pn. Skb) Kordelina S, Eneng Raima; Juhana, Ujuh
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.v4i6.650

Abstract

This study aims to analyze the application of Pasal 98 ayat (2) and (3) jo Pasal 196 Undang-Undang No. 36 of 2009 concerning Health based on Decision No. 134/Pid.Sus/2023/PN. Skb. The phenomenon of the problem raised is the rise of criminal acts in the health sector, especially the circulation of pharmaceutical preparations without a distribution permit, which can endanger public health. This research uses a normative juridical method with a literature study approach and field studies, as well as the opinions of experts related to applicable UUs and regulations. The data collection techniques used are literature study and field study with a statutory approach and case approach. The results showed that the application of Pasal 98 ayat (2) and (3) in the case of the crime of distribution of pharmaceutical preparations without a distribution permit had been carried out appropriately. The defendant Fajar Kholif alias Babang bin Deden Surahman was sentenced to imprisonment for 1 year and 10 months and a fine of Rp. 5,000,000, with evidence in the form of 340 items of Tramadol HCI type drugs which were destroyed. The judge considered relevant and valid evidence, as well as aggravating and mitigating factors in handing down the verdict.

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