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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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Legal Transplantation and Funding for Public Electric Vehicle Charging Stations in Achieving Zero Emissions Muhammad Raihan Yulistio; Satino, Satino
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.v4i6.711

Abstract

In order to support the use of electric vehicles as a step towards reducing greenhouse gas emissions, adequate and accessible Public Electric Vehicle Charging Stations (Stasiun Pengisian Kendaraan Listrik Umum/SPKLU in Bahasa Indonesia) are required. However, the public still faces difficulties in finding SPKLU. This is due to the absence of specific regulations determining the mandatory distance for the construction of SPKLU and the lack of funding for their development. The research method used is normative juridical, through legislative, conceptual, and comparative approaches. The study utilized secondary data with primary and secondary legal materials. The authors found that the Ministry of Energy and Mineral Resources Regulation No. 1 of 2023 on the Provision of Electric Vehicle Charging Infrastructure does not specifically regulate the distance for SPKLU establishment, necessitating legal transplantation from European Union regulations. Furthermore, the issue of insufficient funding can be addressed through a green bond issuance scheme involving a consortium of State-Owned Enterprises and Private Enterprises.
SOEs as Borg Parties in the Event of Debtor Default and its Relationship to the Concept of State Losses Gospel Bulo Pasulu; Delvino Aldy Djiwandono
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.v4i6.717

Abstract

State-Owned Enterprises (BUMN) are one embodiment of the mandate of the Preamble to the 4th Paragraph of the 1945 Constitution of the Republic of Indonesia which mandates the promotion of public welfare. As a business entity that has a central role in the lives of Indonesian citizens, BUMN strives to continue to innovate and develop its business lines. In its efforts to develop a business, it is very common for a business entity to experience profits or losses as part of dynamic market fluctuations. BUMN is a business entity in which there is participation in shares by the Republic of Indonesia with a minimum of 51% (fifty one percent), Thus, when the BUMN experiences losses it will create a condition that is considered detrimental to state finances. This research aims to analyze the classification of the concept of state losses within the scope of business activities in BUMN, especially in the case of BUMN as the Guarantor/Borg using a statutory approach, conceptual approach and case approach. The results of this research are that there are certain indicators and benchmarks in determining whether losses experienced by BUMN can be classified as acts that are detrimental to the state or merely a business risk caused by external factors.  
Legality of the Position of Advocates as Reporting Parties in the Prevention and Eradication of Money Laundering Crimes Martina Nilamsari; I Made Wirya Darma
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.v4i6.724

Abstract

A mortgage aims to provide protection and legal certainty for stakeholders, one of which is the mortgage-holding creditor. However, in practice, this goal has not been fully realized, as existing mortgages can still be annulled by the court. Debtors must still be held accountable if the collateral bound by the mortgage is annulled by the court, such as for expenses already incurred by the creditors and for the loss of expected profits from the loan. Another effort creditors can make to reclaim their prioritized rights from the debtor is to require the debtor to replace the collateral annulled by the court with another asset of equal nominal value, and then impose a new mortgage on the replacement asset, such as in the form of a mortgage, fiduciary, hypothec, or pledge.
Effectiveness of Building Information Systems in Building Planning of Security Offices (Study at Padang Tualang Prefecture Office) Ary Syardand; Februati Trimurni
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.v4i6.725

Abstract

The rapid development of information and communication technology provides opportunities for the government to access, manage and use information quickly and accurately in regional development efforts. Law 32 of 2004 concerning Regional Government underlines the importance of effective resource management. This research highlights the role of the Regional Government Information System (SIPD) in development planning in Padang Tualang District. Based on Permendagri No.70 of 2019, SIPD functions to synchronize development plans with the budget. This study evaluates the effectiveness of SIPD by measuring goal achievement, efficiency, integration, and adaptation. The results show that the implementation of SIPD in Padang Tualang still faces several obstacles, including delays in data input and lack of data integration with district/city governments. However, SIPD also offers several advantages such as more structured data input and easy access by the public. This research provides a descriptive view of the effectiveness of SIPD in regional development planning and suggests improving the quality of human resources and supporting infrastructure to maximize the benefits of SIPD.
Civil Responsibility for Sexual Abuses by Public Services (Analysis of Sexual Harassment Casses by the Chief of KPU R.I) Salwani, Dinda; Erwin Syahbana, Tengku
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.v4i6.726

Abstract

The General Election Commission is a state institution that organizes General Elections in Indonesia. It consists of commissioners who have competence in their field of work. The selection of commissioners as public officials is based on the results of the selection committee selection which is then recommended to the President, for further suitability testing at Commission II of the Republic of Indonesia DPR. Commissioners who pass the suitability test will then be appointed by the President for a term of five years. As public officials, KPU commissioners are those who are believed to have very good personalities and have never been involved in any legal violations. They work based on applicable laws and the KPU code of ethics. The KPU commissioners will elect one of them to be appointed as Chairman of the KPU. The General Election Commission itself is headquartered in Jakarta. This research is normative juridical descriptive, a research method that seeks to describe and interpret the object of research according to what it is, aiming to provide data resulting from researching a situation or existing facts which will then be described clearly so that it can be accepted and understood as to the basis for imposition. the legal rules that apply to the Chairman of the KPU who commits a violation of the law, the legal consequences of the sexual harassment he commits and the form of accountability of the Chairman of the KPU for violations of the law both ethically and regarding the application of criminal law. The results of the research in this paper found that the Chairman of the KPU, based on the facts of the code of ethics trial held by the DKPP, was legally and clearly proven to have violated the KPU code of ethics as Chairman of the KPU for his actions of sexually harassing a female subordinate who served on the Overseas Election Committee in The Hague. , Dutch. Confirming all acts of sexual harassment as stated in the DKPP decision Number 90/PKE-DKPP/V/2024, dated 3 July 2024. With responsibility, he was permanently dismissed as Chairman of the Indonesian KPU.
Analysis of Law No.8 of 1999 Concerning Consumer Protection Against Imported Products that Do Not Use Indonesian Language Sahril Amin Lubis; Ramadani
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.v4i6.730

Abstract

This research is motivated by prohibited acts for business actors contained in Article 8 paragraph 1 letter J of Law No. 8 of 1999 concerning consumer protection. The provisions for the inclusion of labels for imported products labeled in Indonesian are contained in Article 20 Paragraph (1) of PP No. 29 of 2021 concerning the Implementation of the Trade Sector, especially in CHAPTER III concerning the use or completeness of Indonesian-language labels which states that every business actor is obliged to use or complete Indonesian-language labels on goods traded domestically. Therefore, researchers are interested in researching this problem. The purpose of this research is to find out how the Imported Goods Products on the Use of Indonesian Language and to find out how the Law No. 8 Year 1999 on Consumer Protection Against Imported Goods Indonesian Language. Then the method used is a mix method, namely normative juridical review and empirical juridical review and the approach used is a statue approach and case approach and the source of legal material used is Law No. 8 of 1999 concerning consumer protection, books, articles, and journals. From the results of the analysis that the author conducted, it can be concluded that the determination of goods that are required to use Indonesian on a product has been clearly regulated in the Regulation of the Minister of Trade of the Republic of Indonesia Number 25 of 2021 concerning the Obligation to Include Labels in Indonesian, such as household goods, telecommunications, informatics, (for example fans, vaccum cleaners) building materials, motor vehicle goods (spare parts and others), textile goods and textile products and a list of other types of goods. Therefore, it is expected that business actors can include information on the label of a product using Indonesian language so that the information in the product is more easily understood by consumers.
Judicial Considerations in Granting and Rejecting Child Madiyah Support Claims from a Progressive Legal Theory Perspective (A Normative Juridical Study of Decision No. 1172/Pdt.G/2018/PA.Smd. and Decision No. 41/Pdt.G/2014/PA Tkl.) Reza, M Fahmi; Zahara, Fatimah; Khalid, Khalid
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.v4i6.733

Abstract

This study titled "Judges' Considerations in Granting and Rejecting Child M??iyah Support Claims from a Progressive Legal Theory Perspective" focuses on analyzing judicial considerations in two Religious Court decisions, specifically Decision Number 1172/Pdt.G/2018/PA.Smd. and Decision Number 41/Pdt.G/2014/PA.Tkl. The research aims to identify how progressive legal theory influences judicial decisions regarding child m??iyah support and its implications for justice for neglected children. The study employs a normative juridical method with case study and comparative approaches, offering a deep exploration of the judicial reasoning that shapes outcomes in sensitive family law cases. The findings reveal that applying progressive legal theory can result in fairer and more responsive decisions to children's needs, highlighting the critical role of judicial discretion in interpreting the law beyond its literal text. In Decision Number 1172/Pdt.G/2018/PA.Smd., the claim was rejected on formalistic grounds, reflecting a rigid adherence to precedent, whereas in Decision Number 41/Pdt.G/2014/PA.Tkl., the claim was granted based on substantive justice considerations, prioritizing the child’s welfare. The study concludes by emphasizing the importance of applying progressive legal theory to ensure the protection of children's rights and achieve social justice within the context of Islamic and positive law in Indonesia. Furthermore, it suggests that a more dynamic and empathetic approach in judicial decision-making can significantly impact the realization of equitable outcomes in family law.
Division of Inheritance of Mafqud Husband According to the Opinion of the Ulama of Langsa City Muhammad Ikbal; Sahmiar Pulungan; Akmaluddin Syaputra
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.v4i6.734

Abstract

The purpose of this research is to find out how the review of the mafq?d husband according to Islamic law and to find out the views of the Ulama of Langsa City regarding the distribution of the inheritance of the mafq?d husband. Based on the results of the research, it is concluded that in Islamic law, a mafqud (missing) husband is considered to have died after a waiting period, generally four years, in accordance with the Shafi'i Mazhab. If the mafqud husband has not been found within this period, then his status is considered legally dead, even though there is no physical evidence of his death. During this waiting period, the mafqud husband's property is still managed with the principle of prudence, and the arrangement and use of the property is done in a way that preserves the rights of the heirs and prevents potential conflicts. Langsa City scholars, such as Abati Salahuddin, Tgk. Syibral Malasyi, Tgk. Hadi Subulana, Abi Rifana, and Walidi Ramli Amri, identified two main situations related to mafqud husbands in the context of inheritance distribution. First, if the mafqud husband is found alive after the waiting period, the property that has been distributed remains the property of each heir in accordance with the provisions that apply at that time. Second, if the mafqud husband is not found within four years and is considered dead, then his inheritance can be distributed to the heirs in accordance with the provisions of Islamic law after the court process establishes the status of his death. They emphasized the need for careful and fair management of the estate during the waiting period as well as the judge's decision to ensure the distribution of the estate in accordance with sharia.
Screening Public Private Partnership Projects as An Implementation of the Middle Path Theory in Indonesian Investment Wahyu Agung Laksono; Prita Amalia; Adi Nurzaman
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.v4i6.735

Abstract

Investment in Indonesia has existed since the colonial period, which then experienced developments in 1945, 1966, 1998, until the current reform era as outlined in Law Number 25 of 2007 concerning Investment. Investment activities are currently experiencing many developments, one of which is the presence of Government Cooperation with Business Entities as an alternative to infrastructure provision and management. However, this method is considered slow due to the screening project stage so that an analysis is needed regarding the origin of the stage through the middle path theory. This research uses legal research method with normative juridical approach. The research specification is descriptive analytical with legal interpretation analysis method. The data used is secondary data, consisting of primary, secondary, and tertiary legal materials. The results of this study show that the screening project stage consisting of needs analysis, compliance criteria, criteria for determining the value of money benefits, analyzing potential income, as well as recommendations and follow-up is an implementation of the principle of Government Cooperation with Business Entities, which explicitly shows that Indonesia uses the middle path theory. This is supported by the principles and content material of the project screening process which emphasizes the implementation of PPP in Indonesia based on government intervention and openness to Business Entities that will and/or enter into the PPP process. The middle path theory can serve as the basis for the implementation of PPP in terms of investment because it can attract investors to invest in Indonesia while at the same time suppressing the negative impact of investment activities, especially those carried out by multinational companies.
Construction of Arrangements for Limiting the Liability of Debtors and Individual Guarantors for Acts of Abuse of Circumstances in Debt and Receivables Agreements Sihotang, Biner
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.v4i5.736

Abstract

Article 33 paragraph (4) of the Constitution of the Republic of Indonesia of 1945 is a moral message and a cultural message in the constitution of the Republic of Indonesia in the field of economic life, including related to guarantors in debt and receivables agreements regulated in Articles 1820 to 1850 of the Civil Code with the provision that the guarantor is obliged to pay off the debtor's debt to the creditor if the debtor has run out of assets to pay his debts. In practice, the privilege, which is the privilege of the guarantor, is not easy to apply with an act of abuse of circumstances, so that the privilege of the guarantor can be released which results in uncertainty of the limitation of the guarantor's responsibility for the debtor's debt. The problem in this study is how to regulate the limits of legal liability of debtors and individual guarantors in debt and receivables agreements in Indonesia? How is the construction of the regulation of limiting the liability of debtors and individual guarantors in the future for acts of abuse of circumstances in debt and receivables agreements. This research method is normative using secondary data, and analyzed using qualitative descriptive analysis. The results of the study show that the construction of the regulation of limiting the liability of debtors and individual guarantors in the future for acts of abuse of circumstances in the debt and receivables agreement is that the guarantor only bears the principal and interest, with the provision that the creditor is obliged to confiscate and sell the debtor's goods first. This is because the characteristic of debt is the amount of payments made in each period consisting of interest and principal of debt. Therefore, there is a need for a Financial Services Authority Regulation that prohibits banks from making clauses in the guarantee agreement to release their privileges, as well as judicial review of Articles 1820, 1831, 1832 number 1 and Article 1833 of the Civil Code at the Constitutional Court related to the release of Guarantor's privileges is contrary to the 1945 Constitution of the Republic of Indonesia and does not have binding legal force.

Page 29 of 106 | Total Record : 1054

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