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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 1,054 Documents
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Policy Formulation of The Rechterlijk Pardon Concept (Judge's Forgiveness) In Traffic Accident Criminal Cases Nilvany Hardicky; Riadi Asra Rahmad; Heni Susanti
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.v4i6.683

Abstract

The concept of Rechterlijk Pardon (Judge's Forgiveness) is a new concept that was born in the RKUHP, where Judges are given the authority to forgive perpetrators of criminal acts even if they are proven guilty. The aim of this research is to find out how the concept of Rechterlijk Pardon (Judge's Forgiveness) is used in criminal traffic accidents. The main problem in this research is how to apply the Rechterlijk Pardon (Judge's Forgiveness) concept in traffic accident criminal cases and what are the weaknesses of the Rechterlijk Pardon (Judge's Forgiveness) concept in the perspective of Indonesian criminal law. The research method used is normative juridical with techniques for searching legal materials by means of library studies, documentation studies and the internet. From the results of this research, it can be concluded that the concept of Rechterlijk Pardon (Judge's Forgiveness) can be applied to traffic accident cases if it meets the requirements based on the provisions of RKUHP Article 54 paragraph (2) "The severity of the act, the personal condition of the perpetrator, or the circumstances at the time the crime was committed and the what happens later can be used as a basis for consideration for not imposing a crime or not imposing humanitarian action." Not opposing the sense of justice for victims and not opposing the norms that exist in society. The concept of Rechterlijk Pardon (Judge's Forgiveness) is in line with the theory of Restorative Justice, which was used in the decision of the M. Rasyid Amrullah Rajasa case. The Rechterlijk Pardon (Judge's Forgiveness) concept has a weakness, namely that it can give rise to new problems, especially if the Rechterlijk Pardon (Judge's Forgiveness) concept is implemented in criminal case decisions, namely that there are no types of decisions that are not in accordance with the substance of this principle. It can be concluded that none of the types of decisions regulated in the Criminal Procedure Code are in accordance with the concept of Rechterlijk Pardon (Judge's Forgiveness).
Implementation of Psychology of Sexual Abuse Cases in Legal Criminology Handled by Investigators of Bintuni Bay Police Crimes Muhammad Irdyan Soewatijo; Mohammad Saleh
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.v4i6.685

Abstract

Psychological impact on victims of sexual abuse is very disruptive to development and future life due to prolonged trauma so that victims will be inferior and afraid to socialize with the community, so the role of the Police in tackling and eradicating the crime of sexual abuse must be truly firm and professional so that there is a deterrent effect for the perpetrator. The problem in this study is how the implementation of psychology towards victims of sexual abuse cases according to legal criminology, how do investigators of the Bintuni Bay Police Criminal Investigation Unit handle sexual abuse cases until the submission of files to the Court (from investigation to submission of files to the Court), what are the obstacles in the investigation of sexual abuse cases in terms of psychology towards victims of sexual abuse cases according to legal criminology. The result of this research is: Sexual abuse committed against minors will certainly have an impact on the psychological and other development of the child. The psychological impact on children will give birth to prolonged trauma which can then give birth to unhealthy attitudes, such as inferiority, excessive fear, disturbed mental development, and ultimately result in mental retardation. This situation is likely to become a bad memory for the child victim of sexual abuse. The implementation of investigations carried out by investigators against suspected perpetrators of criminal acts related to sexual abuse are as follows Conducting examinations of victims of criminal acts related to sexual abuse, Examining witnesses to hear their testimony, Making Minutes of Investigation, Searching, Confiscation of evidence used to commit criminal acts, Submission of case files to the court for trial If in the process of examining criminal acts related to sexual abuse has been completed, the file will be submitted to the court.Obstacles related to the human resources of investigators, the victim is still a child, there are no witnesses who saw directly and witnesses do not want to come to handle the investigation of criminal acts of intercourse and sexual abuse of children committed by investigating officers. Overcoming obstacles related to the human resources aspect of the investigator tries to optimize the existing investigators, in addition to proposing additional investigators. The absence of witnesses who saw this directly was overcome by increasing the number of witnesses who would provide information about cases of sexual intercourse against children, while for witnesses who did not want to come to provide information to investigators, a re-call would be made. If they still do not want to come, then they will be visited at home so they can provide information. The suspect did not confess to being a very serious obstacle for investigators. To reveal this case, investigators conducted a case title at the location, processed evidence and presented more witnesses.
Quo Vadis of The Legal Standing and Ownership of A Moveable Object (Cars) Which Not Yet Fully Paid In A Perspective of Civil and Bankruptcy Law Dian Priharyanti; Anita Afriana
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

Abstract

The implementation of buying and selling is often carried out on cash or credit, which often has an impact if something happens to the debtor, especially if the debtor is bankrupt. In bankruptcy, the Debtor’s asset are collateral for creditors to obtain payment of the bills that has been registered. This research will answer the question whether assets in the form of four-wheeled motorised vehicles that have not been paid in full by bankrupt debtors can be withdrawn into bankruptcy assets in bankruptcy? And when does the ownership right to a movable object transfer in a sale and purchase that overrides Article 1458 of the Civil Code with an agreement?. As for the truth in connection with these questions, the results of the discussion are obtained in the form of an explanation that motorised vehicles purchased on credit can still be part of the bankruptcy estate, even though it has not been paid in full by the debtor. As for the transfer of property rights itself, it is actually based on Article 612 of the Civil Code.
Examining the Effectiveness of Using Bankruptcy as an Ultimum Remedy in Resolving Debt and Receivable Disputes: Case Analysis of PT Jawa Barat Indah Millatus Shohihah; Ali Murtadho, Nazhif
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.v4i5.692

Abstract

Bankruptcy is a condition that causes a person or legal entity to become incompetent in carrying out legal actions. The Bankruptcy Law was originally created to protect creditors by providing a clear and definite mechanism for resolving unpaid debts. Debtors who have difficulty paying their maturing debts and believe that they are unable to continue payments can submit a PKPU to the Commercial Court. In bankruptcy, there are several important principles, one of which is the existence of debt. Debt is the main requirement for filing for bankruptcy, because without debt a bankruptcy case cannot be filed. Bankruptcy should belast resort, namely as the last solution or the last solution of the last in solving the problem. But in reality in the bankruptcy case of PT Jawa Barat Indah, Bankruptcy was just like premium remedy or the first resort. The author will provide a review and portrait of three important things. First, regulation of debt principles in the Bankruptcy Law; Second, bankruptcy principle as last resort; and Third, analysis of the effectiveness of the use of bankruptcy in cases of disputes over debts against the case of PT Jawa Barat Indah. The method in this article is normative juridical, Law No. 37 of 2004 became the primary legal material, library research is the technique of collecting legal materials in this article. Secondary legal material uses theory last resort as a benchmark and tertiary legal material as an elaboration of certain terms. Research results: 1) The principle of debt in UUK-PKPU has two equally strong opinions, namely the narrow angle (principal debt and interest) and the broad angle (performance obligation in civil law). 2) Bankruptcy as the last action after reorganization efforts, to prevent gaps, while filing for bankruptcy requires prior understanding regarding the implementation of agreements and the involvement of Debtors and Creditors.
Critical Review of Officials Making Land Deeds Who Do Not Comply With The Procedure For Making Authentic Deeds of Land Sale and Purchase Agreements Junita, Riska; Rosadiana, Eber; Agustini, Denti Dwi Ayu; Noor, Aslan
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.v4i5.696

Abstract

The responsibilities of the Land Deed Official (PPAT) include administrative and legal responsibilities. Procedures that are not in accordance with the regulations for making authentic deeds of land sale and purchase agreements will have an impact on the strength of the deed of agreement and even on the Land Deed Making Official himself in accordance with Government Regulation Number 24 of 2016 concerning the Position of Land Deed Making Officials and regulations regarding the Code of Ethics for the Association of Deed Making Officials. Land. The implication of errors in the procedure for making the deed is that the PPAT was dishonorably dismissed from his position, and weakened the strength of the authentic deed of sale and purchase to become a private agreement. Factors that influence PPAT in violating the regulations for making authentic deeds, there are actions that PPAT must take in order to save the sale and purchase transaction, There is mutual trust between the parties including PPAT officials, Time factors and strong relationships cause PPAT to make authentic deeds that are not in accordance with procedures and procedures for making deeds in accordance with applicable regulations.
Juridical Analysis of Over Credit in Motor Vehicle Credit Agreement with Fiduciary Guarantee in View of Undang-Undang Nomor 42 of 1999 on Fiduciary Guarantee Puspawangi Prameswari; Temmy Fitriah Alfiany
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.v4i6.700

Abstract

In the world of motor vehicle credit financing as stipulated in Pasal 23 ayat 2 of Undang-Undang Nomor 42 Tahun 1999 concerning Fiduciary which explains that a debtor is prohibited from selling transferring and or mortgaging the object of fiduciary guarantee, except with the permission of the creditor, but in reality the practice of transferring (Over Credit) or mortgaging often occurs among the public as in case study Number. 130/PID SUS/2023/PN SKB. This research examines and analyzes related to over credit that occurs without the knowledge of creditors that occurs among the community, therefore researchers raise two problem formulations among them. First, the legal consequences to the creditor arising from the decision in case No. 130/pid sus/2023/pn skb. 130/PID SUS/2023/PN SKB. Second, the legal consequences for debtors who over credit without the knowledge of the creditor. This research uses an analytical descriptive method with a normative juridical approach, in which data and information are analyzed normatively. The results showed that it is important to be careful in determining a person who can be held legally responsible, because those who can be held legally responsible are legal subjects who carry out legal relations in this study are creditors and debtors.
Review of Child Punishment In The Juvenile Criminal Justice System (A Coparative Study Between Indonesia And The United States) Jesslyn Nathania
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.v4i6.701

Abstract

Comparative law is one of the methods for learning the law. For legal researchers, aside from looking from the historic perspective, it is also useful to compare the laws between respective countries, be it a whole legal system as in between legal traditions of civil law and common law or comparing between a micro system such as juvenile justice systems in each country for some purposes. Researchers could benefit from using comparative law to look for similarities or differences between legal systems or in the future they could use it for solution in the domestic law to be even better. In this paper, we will compare youth justice system between Indonesia and United States, specifically California State. Youth justice system in Indonesia has this unique sub-system called diversion and restorative justice. The main purpose of it is so children who conflicted with the law have chances to redeem themselves and build reconciliation with the victims and their families. There are also different rights set for the children written in the Code such as the hearing process must be enclosed, and their identity must not be exposed by the media to public eyes. In the United States, there aren’t so many differences by the book except the bargaining, but they have a special procedure before the initial hearing that is the court will consider if the child’s crime is still fit within the juvenile court jurisdiction or sending them to the criminal court which called by judicial waiver. This means that the child is stripped of their special rights and will go to adult prison if the juvenile court decided they could not handle the case for its nature of crime. When the child is proven to be guilty, they also will be sent to adult prison. Finding similarities and differences between legal systems could be useful for research but doesn’t mean that the legal system is flawed or too good. It needs to be reminded that not all the system or sub-system could be applied to other countries since there are also differences in cultures and practices especially between Western and Asian society.
Protection of Children Personal Data in Digital Financial Services in Indonesia Bernanda Gunawan, Aloysius
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.v4i5.705

Abstract

This paper delves into the imperative factors for safeguarding children's personal data in digital banking services, highlighting the legal nuances and operational intricacies involved. As the banking sector increasingly integrates digital solutions, the protection of minors' data emerges as a critical concern, necessitating a thorough examination of the regulatory landscape and its practical implications. Focusing on Indonesia, the study scrutinizes national regulations on children's data protection within digital banking, juxtaposing these with international benchmarks, notably the General Data Protection Regulation (GDPR) framework adopted by European countries. This comparative analysis aims to unearth effective strategies and regulatory mechanisms that can fortify children's data privacy in the banking domain. Central to the discussion are the principles of consent, data minimization, and age verification, which are evaluated for their effectiveness in safeguarding young users' data. The paper assesses the technical and procedural measures that banks must implement to comply with these regulatory demands, ensuring the confidentiality and integrity of children's data. Challenges such as aligning technological advancements with stringent data protection standards are addressed, underscoring the pivotal role of various stakeholders, including regulatory bodies, banking institutions, and guardians, in cultivating a secure digital banking ecosystem for minors. Conclusively, the research proposes a set of recommendations aimed at refining Indonesia's legal framework regarding children's data protection in digital banking. By synthesizing insights from international practices, the study advocates for a holistic approach encompassing legislative reforms, technological enhancements, and educational initiatives to bolster the defenses around children's personal data in the digital financial landscape.
Construction of Social In The News Watch Out There Is A Muri Record Hoax For Prabowo Ahead of The Presidential Election In Indonesia 2024 Dwinarko, Dwinarko; Muhamad, Pagi; Reza, Fikri
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.v4i5.706

Abstract

Online mass media coverage is a media organization strategy in placing campaign framing on the presidential debate, and vice president, in 2024 aimed at the wider community, simultaneously and simultaneously. The purpose of this research is to find out the Social Construction of Democracy in Framing the News of Awarding Muri Records in Online Media in the Presidential Election Process in Indonesia in 2024. The theory used is Framing theory with qualitative research methods with online news text analysis in the news period November 28, 2023 and scheduled to end on February 10, 2024, samples of online media coverage of the Muri record as part of the framing analysis unit. The research findings that framing is a strategy of organizations, individual journalists and media coverage in presenting news. Framing is a reality construction that explains the conditions of democracy and socio-cultural conditions, and public knowledge by interpreting the reality of democracy as part of the implementation of public participation in determining the choice of president and vice president. Frames organize principles that are socially shared and persistent over time, work symbolically and meaningfully on the structure of the social world. Frames thus (1) serve to organize information and (2) accomplish this by providing an identifiable pattern or structure of various complexities. They (3) are based on abstract principles and ideas and (4) are consequently visible in symbolic forms of expression. To be functional, frames (5) must be shared (at least at some level) by members of a particular group or society and (6) persistent - their value lies in their durability, persistence and routinization over longer periods of time. The urgency of the research is that the framing model encourages journalists' reporting creativity in presenting online news. Research recommendations, creativity can function in shaping the organization of news that is integrated in macro, messo and micro news with the vision and mission of the media organization.
The Principle Freedom of Contract In Share Repurchase Agreement (Repo) Transactions In The Capital Market Dasuki Suhardini, Eni; Ramdania, Dini
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.v4i5.707

Abstract

Transactions involving share repurchase agreements (repo) are one way for issuers to raise more money in order to boost the productivity of their businesses. The repo agreement, which is binding on both parties, is built on the idea of contract freedom. Even though the OJK has established repo transaction guidelines for financial service institutions, there are still some parties who don't carry out their commitments in accordance with what has been previously agreed upon in practice. The model for managing share repo transactions offers a sense of justice for shareholders, repo holders, and third parties. The obligations of repo holders in the event that the repo shares are sold to third parties. A normative-juridical approach is used to solve these issues, with the specification of analytical-descriptive research that examines facts and the implementation of repo transactions based on the provisions of the capital market laws and regulations. This research is supported by primary and secondary data obtained through document studies and interviews, which are then analyzed with kualitatif-juridical techniques. Based on the result of the research, it is possible to say that, although there are still some parties in practice who fail to uphold their obligations, the principle of freedom of contract has essentially been implemented for parties in share repo transactions between issuers in accordance with  the Civil Code and POJK; If the shares repoed to him are transferred to a third party before maturity, the share repo holder is subject to civil liability to the owner or a third party.  

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