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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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Temporary PPAT: Between Authority and Responsibility in Making Land Deeds in Indonesia Maheswara, Mohamad Yuflih Huda; Benny Djaja
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.v4i6.806

Abstract

This article will discuss the role of Temporary PPAT which held by Camat in land registration as preparation for deed making and its legal consequences. The legal basis used is Law Number 2 of 1998 on the Regulation of the Position of Land Deed Maker which has been amended through Government Regulation Number 24 of 2016 on the Regulation of the Position of Land Deed Maker. Temporary PPAT plays a role in making an authentic deed of transfer of land rights from the sale and purchase of the land in question by examining the certificate at the National Land Agency. With this obligation, the Temporary PPAT is responsible for the material and formal requirements of a deed by ensuring that the Temporary PPAT's obligations are carried out so that the parties can avoid land sale and purchase disputes. The method used is descriptive analysis with the conclusion that the position of Temporary PPAT has collided with the constitution that regulates PPAT is prohibited to be held by Civil Servants.
Problematics of Prisoners' Health Services on Health Rights (Study at Class II B Correctional Institution Sintang) Rafianti, Fitri; Pintabar, Andar Jimmy
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.v4i6.807

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.
Consumer Protection Against Side Effects of Beauty Clinic Services Without Specialist Doctors Based On Law Number 8 Of 1999 Concerning Consumer Protection Armansyah, Roy; 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.v4i6.817

Abstract

As technological advancements in the health sector have led to increased demand for beauty clinic services, many beauty clinics are now offering their services without the involvement of specialized doctors. This practice poses significant health risks to consumers, especially regarding possible illegal actions. Based on Law No. 8/1999 on Consumer Protection, this research investigates the legal protection of consumers in relation to beauty clinic services that do not use specialist doctors. By using a normative juridical method with a statutory approach, and reviewing regulations related to consumer health and safety, including Law No. 17 of 2023 on health. The results of this study show that beauty clinics that do not involve specialist doctors in their services often violate applicable legal standards, especially in terms of the obligation to provide services that are safe and according to medical standards. Consumers who suffer losses due to these services have the right to file a lawsuit, in accordance with the provisions listed in Article 19 and Article 45 of the Consumer Protection Law. This research confirms the need for regulations governing beauty clinics, especially regarding the certification and competence of medical personnel who provide services to ensure the fulfillment of consumer rights to security and safety in using beauty services.
Resolution of Dual Land Certificate Ownership Issued by the Head of Sukajadi Village, Hinai District, Langkat Regency Eriska , Reda; 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.v4i6.824

Abstract

This study aims to delve into the concrete solution to the problem of duplicate land certificates originating from the Head of Sukajadi Village, Hinai District, Langkat Regency. The research method applied is a field study with a qualitative approach that prioritizes descriptive data analysis. The qualitative approach was chosen because it can provide a deep understanding of the context and dynamics that occur in this problem. The results of the study clearly show that there was negligence in the process of issuing certificates by the parties involved, such as land owners, the Land Office, and the local government. This negligence is the main root of the problem that resulted in duplicate land certificates in the area. This indicates the importance of increasing accuracy and supervision during the land certificate issuance process. In the context of resolving this problem, a comprehensive evaluation of the applicable land certificate issuance procedures is needed. This evaluation must be carried out systematically to identify weak points in the process that are the entry point for duplicate land certificates. In addition, substantive improvements to the certificate issuance procedure also need to be made as a preventive measure to avoid similar problems from recurring in the future. In addition to evaluating and improving procedures, increasing legal awareness and responsibility from all parties involved is the key to an effective resolution. This includes improving legal understanding regarding land ownership, the rights and obligations of land owners, and the responsibilities of the Land Office and the local government in the certificate issuance process. Legal education and socialization need to be improved so that the public is more aware of the importance of maintaining the validity of legal documents, including land certificates.
Legal Certainty Against Cancellation of Agreement Using the Element of Abuse of Circumstances Adristi Ramadhani; Miftakhul Arif; Vania Larissa Sulistio; Dimas Varizal Putra Purnama; Moh. Akbar Dzulfikar Ramadhan
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.v4i6.837

Abstract

The aim of this study is to examine a verdict that involves the element of Misuse of Circumstances or Undue Influence, which is a crime that cannot be directly observed but significantly affects an agreement, as an event where one person promises something to another, or where two people promise each other to do something. Misuse of Circumstances is an act where the parties are bound by an agreement that one party has an unbalanced position and the other party exploits their weakness to gain an advantage. This research is conducted using a normative juridical method, which involves examining various formal legal regulations such as legislation and literature containing theoretical concepts, which are then linked to the issue to be discussed in this journal. The research findings in this verdict indicate that there has been a misuse of circumstances in the agreement between the parties involved in this decision. Due to the misuse of circumstances, the agreement of Sale and Purchase between the parties can be annules.
Ecological Losses in Cases of Environmental Damage Due to Mining Business Activities Ruth Marthania Silaban
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.647

Abstract

The reclamation after mining business activities provides concrete evidence of how should the management of ecological losses received by the environment due to environmental damage, which is often only from the aspect of economic value. But further than that actually, the ecological loss itself is how about restoring the environment that has been damaged. The calculation of reclamation also only calculates from an economic point of descriptive analytical method with a normative juridical approach. Based on the results of the first study, ecological losses generally only focus on how to compensate for the loss in economic value. Whereas further than that, the regulation of the calculation of ecological losses is environmental recovery which requires a longer time than just post-mining reclamation on an economic side only, but instruments in environmental law such as administrative instruments are needed as a preventive measure against ecological losses, civil as the responsibility of business actors, to criminal acts as a form of compliance in order to achieve law enforcement. Second, in applying the regulation in the field, legal practitioners do not define ecological loss”in the same voice. There are different interpretations that ecological losses in the perspective of law are that enforces define completely and equally that ecological losses are not only assessed from the financing of compensation.
Actualization of Policy Deconstruction: Handling Overseas Refugees in Kupang City Emanuel Kosat; Veronika Ina Assan Boro; Frans Bapa Tokan; Urbanus Ola Hurek
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.v4i6.652

Abstract

This research is intended to discover the various injustices that befell foreign refugees in Kupang City. Injustice with a regulative paradigm is carried out by actors making public policy. In reality, refugees from women and children are objects who twice experience injustice from policies that at first glance appear to be impartial and impressive, but on the other hand are another form of oppression. This research departs from a post-positivistic paradigm, using inductive logic. The findings from this research are an effort to deconstruct the logic and ethics of policies that make refugees vulnerable, whether in their countries of origin or transit/destination countries. The results of the research prove that the factor behind the policy corpus actually resides in gender hegemonic behavior in the humanitarian balance, as well as the plight of refugee women and children becoming increasingly vulnerable when placed vis a vis climate adaptation.
Criminal Liability of Third Parties in the Crime of Embezzlement in Indonesia Muhammad Nail Athallah; Kayus Kayowuan Lewoleba
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.656

Abstract

The function of law as a social controller is very important, especially in formulating effective policies and law enforcement, including in the context of criminal law that is oriented towards deterrent and restoration effects. This research aims to explore the criminal liability of third parties in the crime of embezzlement in Indonesia. The formulation of the problem includes the concept of third parties in embezzlement and their criminal liability. The method used is normative juridical legal research with statutory and conceptual approaches, and qualitative data analysis. The results show that third parties can be involved either directly or indirectly in the criminal act of embezzlement, and can be subject to criminal sanctions if proven to have knowledge of the origin of illegally obtained money. Legal handling of these third parties is important to close the loopholes for the main perpetrators and prevent money laundering. This research provides new insights into the complexity of criminal liability in embezzlement cases and its implications for law enforcement in Indonesia
Civil Law Liability of Debtors in Credit Agreements with Individual Guarantees Karuna Dewi; I Gede Agus Kurniawan
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.v4i6.658

Abstract

Credit agreements with personal guarantees often cause legal problems when the debtor defaults. Individual guarantees cannot be bound with a mortgage instrument or fiduciary guarantee, thus increasing the risk for banks. This research aims to understand and systematically examine the concept of regulating personal guarantees according to positive law in Indonesia and the legal consequences that arise if the debtor defaults in a credit agreement with personal guarantees. This research uses normative juridical method with concept approach. The data sources of this research are primary legal materials such as laws and jurisprudence, as well as secondary legal materials such as legal textbooks and journals. The results show that personal guarantees have an important function in advancing the economy through lending. However, this guarantee also poses a high risk for banks if not accompanied by careful analysis. Law No. 4 of 2023 on Financial Sector Development and Strengthening strengthens the role of the Financial Services Authority in supervising credit agreements with personal guarantees to maintain financial sector stability.
Effectiveness of Implementation of Tax Consultant Licensing Services Through the Application of the Tax Consultant Information System (Sikop) at the Center for Financial Profession Development Secretariat General of the Ministry of Finance Tikno Suhendro; Agung Edi Rustanto; Yahya Rachmana Hidayat; Siti Mariam
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.672

Abstract

The aim of this research is to analyze the implementation of Tax Consultant Licensing Services through the Tax Consultant Information System Application (SIKOP) at the Financial Professional Development Center of the Secretariat General of the Ministry of Finance, by presenting a case study of the use of the SIKOP application. E-Government, whose aim is to provide the best service to the public in a transparent, effective and efficient manner, turns out that in its implementation it is still faced with various challenges which result in the ineffectiveness of e-government itself. The research uses qualitative methods by analyzing data through interviews, observation and documentation studies. This approach enables an in-depth understanding of the implementation of SIKOP and the e-Government challenges faced in the Ministry of Finance. The research results show a significant increase in the accessibility of licensing services and the acceleration of the licensing process since the adoption of SIKOP. However, the study also identified several shortcomings, including confusion regarding procedures, lack of personal interaction, and inadequate solutions. Therefore, improvements are needed in these aspects to ensure that tax consultant licensing services are in accordance with the desired public service principles. Managerial implications and suggestions for further research are also discussed to improve the quality and effectiveness of SIKOP as a tax consultant licensing service platform.

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