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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 Arrangements for “In Absentia” Trials in Corruption Cases I Gusti Ayu Stefani Ratna Maharani
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.v4i5.769

Abstract

The aim of writing this article is to analyze the legal arrangements for in absentia conferences in corruption cases using a study of decision number 65/Pid.Sus.Tpk/2016/PN.Bgl jucto Decision Number 15/PLW/Pid.Sus/TPK/2016 /PT. Bgl. The writing method used in this paper is the nor-mative legal writing method, namely legal research that uses an approach through documents or secondary data to be able to discuss the problem formulation in this journal. Regarding the results obtained in this writing, namely trial in absentia in cases of criminal acts of corruption as referred to in the current laws and regulations, based on the provisions of Article 38 in the PTPK Law, in principle it is carried out in two cases, namely in the event that the sender has been summoned personally. legal, and not present at the court hearing and to save state financial losses. The presence of a thief/suspect in the investigation process until the examination in court is a space for detectives who have the right to defend themselves, property rights, freedom and honor. Apart from that, by the presence of the defendant during the examination and conference, the defend-ant/suspect can clearly understand the charges presented to him as well as the information or other evidence addressed to him.
The Political Strategy of Suparyo, SH (Incumbent) In Winning The Village Head Elections In 2016 And 2022 Nurtiawan Gultom
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.v4i6.775

Abstract

The Village Head Election is a manifestation of the implementation of Regional Autonomy in accordance with Law No. 23 of 2014 concerning Regional Government, which operates at the smallest level of government, namely the village. In every Village Head Election, there are multiple candidates competing for the highest authority in the village. Therefore, strategy is essential in winning a political contest. The purpose of the research is to understand the political strategies of Suparyo, SH (the incumbent) in winning the village head elections in 2016 and 2022, as well as to identify which strategies were most effective for Suparyo, SH in the Bandar Khalipah village head elections in 2016 and 2022. The research method used in this study is qualitative research. The theory used in this research is the theory of Henry Mintzberg and James Brian, which includes strategy as a plan, ploy, pattern, position, and perspective. From the research findings, the strong influence of the incumbent, the success of the ongoing programs, and the strategies that have been arranged with the success team have successfully led Mr. Suparyo SH to victory in two terms. Approaching three groups of society, namely the general public, fanatics, and beginners, is the main point of focus.
Legal Responbility for Violations in the Appointment of Foundation Management (A Study of Decision No.454/Pdt.G/2022/Pn.Mdn) Farah Kamila, Balqis; Andryan2, Andryan
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.v4i6.778

Abstract

A foundation is a legal entity that has a management structure to oversee its activities. Serving as an organ of the foundation's legal body is not easy; every action taken by the management must be based on the Foundation's Articles of Association/House Rules and must not exceed the authority granted, in accordance with the provisions of the foundation law. Therefore, if there are multiple decisions regarding the appointment and management of the foundation, they must comply with the applicable regulations, raising concerns if there is more than one decision with different issuances. This research aims to understand the Position and Legal Responsibility of Foundation Managers, the Procedure for the Appointment and Ratification of Foundation Managers Based on Foundation Law, and the validity of the Decision Letter Regarding the Appointment and Ratification of the Foundation's Management Body Based on Decision Number 454/Pdt.G/2022/PN.Mdn. This study employs a normative legal approach, using secondary data (through literature study) and primary, secondary, and tertiary legal materials. Furthermore, the data is analyzed qualitatively from a legal perspective. The results of this research indicate that the procedures for the appointment and dismissal of foundation administrators in Indonesia are regulated by the foundation's Articles of Association (AD) and Bylaws (ART), as well as applicable legal provisions, particularly in Law Number 16 of 2001 concerning Foundations and its amendments in Law Number 28 of 2004. If the party issuing the decision does so in violation of these regulations, it can be considered an unlawful act and is liable for damages resulting from such actions.
Analysis of Construction Dispute Resolution Reform Perspective of Law Number 2 of 2017 Waisapi, Jeffry Yuliyanto
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.v4i6.780

Abstract

Indonesia is pursuing development to enhance welfare through projects like office buildings, housing, and infrastructure. The involvement of societal levels is crucial for success. However, development can trigger disputes from differing interpretations or contractual provisions. This study focuses on analyzing reforms in construction dispute resolution under Law No. 2 of 2017, utilizing a quantitative survey approach. The Construction Services Acts of 1999 and 2017 marked significant shifts in philosophical outlook and dispute resolution mechanisms. Findings indicate that the 2017 Act emphasizes non-litigious settlements with a "win-win" approach, though challenges remain regarding the term "court." Despite these challenges, the study acknowledges that Indonesia is progressing towards effective construction dispute resolution. It recommends stricter sanctions for violations of construction agreements to enhance future regulatory frameworks. These insights are vital for legal practitioners and policymakers, aiming to refine mechanisms and raise public awareness on regulatory gaps that hinder sustainable development in Indonesia. The study also categorizes dispute resolution solutions and scrutinizes provisions in Law No. 2 of 2017 concerning defects, nonconformities, weaknesses, and perceived biases. The Act defines a team formed by mutual agreement to oversee Construction Services, tasked with preventing and mediating disputes arising from Construction Work Contracts
A Juridical Analysis of the Implications of Constitutional Court Decision No. 60/PUU/XXII/2024 Paving the Way for Political Parties Without Regional Representative Council Seats in Nominating Regional Heads Waisapi, Jeffry Yuliyanto
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.v4i6.781

Abstract

The Constitutional Court's Decision No. 60/PUU/XXII/2024 has altered the nomination requirements for regional head elections, allowing political parties without seats in the Regional Representative Council to nominate candidates. This change is seen as a progressive step in strengthening democracy by broadening opportunities for small and emerging parties. However, it also introduces risks and challenges, such as the potential reinforcement of political dynasties, increased money politics, and political fragmentation at the local level. This study aims to analyze the juridical implications of the decision on Indonesia's regional head election system. The research method employed is normative legal method with a juridical analysis approach to relevant legislation, including the 1945 Constitution, the Regional Head Election Law, and Decision No. 60/PUU/XXII/2024. The study's data sources are secondary, comprising legal documents, academic literature, and news articles discussing related issues. The findings indicate that while the decision has the potential to expand political participation and strengthen democracy, significant risks related to political stability and the integrity of the election process remain. Therefore, strict oversight and effective law enforcement are necessary to ensure that these changes positively impact Indonesia's democracy.
Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province) Juliansyah, Ali Akbar; Harahap, Mhd. Yadi
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.v4i6.783

Abstract

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.
Legal Aspects of Medical Waste Management in Health Care Facilities and Protection of Environmental Health Nurhayati, Siti; Racha, Noviati Sri
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.v4i6.786

Abstract

Hazardous and Toxic Material Waste/ (Hazardous and Toxic Materials) is the residue of a business and/or activity that contains hazardous and toxic materials (B3). One of the B3 wastes is medical waste, which is infectious waste produced from activities in healthcare facilities, both in the form of solid and liquid waste. This medical waste is generated from activities such as hospitals, health centers, independent practice places, clinics, etc. facilities. Medical waste is an infectious object or item that must be managed properly, starting from the time of collection, and transportation, to the destruction process. Therefore, there needs to be legally binding regulations related to waste and its management. This research is descriptive and will produce an overview of B3 waste management regulations, especially medical waste with the protection of environmental health rights. The research approach used is a normative legal approach. The data collected is in the form of secondary data, while the analysis method used is qualitative. The results of the study show that the more human activities increase, the more waste is produced. Medical waste is one of the B3 wastes. Medical waste is waste that is directly generated from the diagnosis and treatment of patients in healthcare facilities, such as polyclinics, nursing, surgery, obstetrics, autopsies, and laboratory rooms. To avoid environmental risks, medical waste management must be done properly. Various laws and regulations for B3 waste management have been established, including Government Regulation Number 19 of 1994 (PP 19/1994) concerning Waste Management of Hazardous and Toxic Materials up to PP 101/2014. The provisions regarding B3 waste management are based on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPLH). However, medical waste still needs to be synchronized with the provisions in Law Number 36 of 2009 concerning Health. Efforts to protect environmental health are carried out through the regulation and management of medical waste in healthcare facilities. Through the regulation and management of medical waste, it can prevent environmental pollution prevent the transmission of diseases (infections), and avoid the misuse of waste, so that it can maintain environmental health.
Authority of the Regional Government in Processing Oil Palm Plantation Licensing in Kampar Regency Intan Pratiwi, Maya; Andora, Hengki
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.v4i6.792

Abstract

Opportunities for oil palm plantations and the oil palm processing industry are still in high demand, both to meet domestic and foreign markets. This condition is a promising business opportunity for the company. Even in times of economic crisis, it has proven to be able to survive and continue to grow. In this study, first, the authority of the local government in processing oil palm plantation licensing in Kampar Regency is in terms of issuing location permits, issuing plantation business permits and supervising plantation activities, but at the implementation stage there have been procedural violations in the field of oil palm plantation licensing in Kampar Regency, which indicators can be seen from the stages that have been exceeded or not implemented in the process of issuing oil palm plantation licenses. Second, the factors that hinder the granting of oil palm plantation permits in Kampar Regency are complex and changing requirements, licensing regulations that are often updated and the addition of new requirements make the licensing process longer and more complex, this is often a complaint from business actors, overlapping authorities, land conflicts, environmental considerations, pressure from the community, limited human resources, budget, and infrastructure in the local government can be hindering the effectiveness of the implementation of supervision and control over plantation activities. And corrupt practices in the licensing process are often suspected by the public, this can slow down or even stop the licensing process.
Economic Analysis of Law in Countering Corporate Crimes Antoni Surbakti, Feri; Mulyati, Nani
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.v4i6.793

Abstract

The existence of law in the midst of society is needed to regulate people's lives in realizing order and tranquility. The formulation of the problem in this writing is how to apply economic analysis of law in overcoming corporate crimes. The method used in this writing is normative juridical research, using conceptual approach techniques, legislative approach and historical approach. The nature of this research is descriptive and the data used in this writing is secondary data with data collection techniques carried out through literature studies and document studies. The data analysis in this writing will be analyzed qualitatively. The result and discussion in this writing is that the law in achieving its goals is not only based on justice, certainty and utility, but also seen from efficiency, value and benefit. Efficiency from an economic perspective determines the parameters of whether a law is effective or not. Law and economics are closely related, both complement each other and complement each other in regulating human behavior. Law enforcement policies in various countries have placed criminal law as an instrument to create social order and community welfare, so law enforcement against crimes committed by corporations should be carried out with an economic analysis of law approach. Law enforcement in the perspective of economic analysis of law does not only mean the prevention of corporate crime as a handling of legal cases, but what is more important to pay attention to is the impact of law enforcement on the economy, society and state interests. Countermeasures against criminal acts committed by corporations using criminal law means must be based on efficiency by paying attention to costs and benefits and carried out proportionally.
The Influence of Islam on Political Preferences in the 2024 Legislative Elections in Kampung Arab Manado Deluhula, Prayogi Putra; Niode, Burhan; Mamentu, Michael
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.v4i6.798

Abstract

Islam is an inseparable part of this nation, playing a massive role in the historical development of national civilization. As the country with the largest Muslim population in the world in 2023, Islam's influence on Indonesia, including its politics, is significant, particularly in political preferences. Within the abundance of Indonesia's resources lies the unique entity of Kampung Arab Manado, a Muslim community amidst a predominantly Christian population in Manado City. This article examines the influence of Islam on political preferences during the 2024 Legislative Elections in Kampung Arab Manado. This study employs a quantitative method (explanatory research) by conducting a simple regression analysis. The study's results indicate that the influence of Islam on political preferences in the 2024 Legislative Elections in Kampung Arab Manado yields a significance value of 0.000, which is smaller than the probability of 0.05. Therefore, the hypothesis of this study is accepted, confirming that there is an influence of Islam on political preferences in the 2024 Legislative Elections in Kampung Arab Manado. The magnitude of Islam's influence on political preferences reaches 13%, meaning that the higher the influence of Islam, the higher the political preference tendencies in the community. Additionally, if the value of Islam increases by 1%, it will increase political preferences by 0.697 in the 2024 Legislative Elections in Kampung Arab Manado.

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