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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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Juridical Review of Seller's False Information in Villa Sale and Purchase Transactions Resulting in Consumer Losses Based on Law No. 8. Year 1999 concerning Consumer Protection Monica Dian Ekasari; Yuniar Rahmatiar; Muhamad Abas
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.v4i6.697

Abstract

False information is any information that is deliberately conveyed with the aim  of  misleading  or  manipulating  the recipient  of  the information.  This practice can occur under consumer protection law, including in advertising, selling products or services, and various other forms of communication. False information often goes against the principles of honesty, transparency and integrity in communication. The case that occurred in decision number 57/Pdt.G/2021/PN.Cbi was the sale of a villa or called Villa NE-21. The practice of buying and selling Villa NE-21 was carried out not according to procedures, namely providing false information to consumers, this is serious violations of consumer protection principles and applicable laws. This research adopts two main methods, namely normative juridical and analytical descriptive approaches. PPJB NE-21 which has been signed by the plaintiff and defendant can be said to be null and void due to false information carried out by the seller in the sale and purchase transaction of Villa NE-21. According to the author's analysis, the verdict read out by the panel of judges is in accordance with statutory provisions. In article 19 of the UUPK it is explained that business actors must be responsible for all forms of losses experienced by consumers, and the form of responsibility carried out by business actors can be converted into money.
Confidentiality in Digital Health Records: Aligning Privacy and Care Advancement in Hospitals Ari Andayani; Siska; Sagung Putri Purwani
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.v5i1.766

Abstract

The development of medical services is undergoing a period of transformation towards digitalization. One form of medical services development in Indonesia is electronic medical records. Electronic Medical Records can help facilitate health services, but on the one hand, Electronic Medical Records can potentially pose a risk of patient data leakage. The purpose of the study is to analyze the responsibility of hospitals in the management of Electronic Medical Records and analyze the legal protection of patients in maintaining the confidentiality of Electronic Medical Records data. This research is a type of normative legal research with a Case Approach and a Statue Approach. The method of data collection is through literature study, and data analysis techniques are used through qualitative descriptive analysis. The research results stated Hospital's accountability in the management of Electronic Medical Records is to apply the principles of data security, restrict access to Medical Records, and store data. Meanwhile, the legal protection of patients to maintain the confidentiality of Electronic Medical Record data is the use of electronic signatures as a verification tool and provides criminal sanctions for violators in the form of fines, imprisonment, and dissolution of corporations.
The Urgency of Legal Aid in Online Dispute Resolution in the Modernization Era Teddy Prima Anggriawan; Farizza Taralita Arrachma Fachrezzi; Uzlifatus Dea Arianty; Azizah Kaltsum Mabrukah
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.v4i6.776

Abstract

Legal aid is one of the protections of constitutional rights for every citizen, which is equally protected under the law. The provision of legal aid in this era of modernization is essential to provide a means of protecting human rights as an implementation of legal protection guarantees. According to the concept of legal aid, which is linked to the aspiration for societal welfare, this is a very important instrument in the implementation of the judicial system, which is crucial for society in Indonesia. Therefore, the urgency of online legal aid established in the modernization era is highly necessary to support public understanding regarding the use of online legal aid to facilitate more practical access to legal assistance. This study uses normative legal research methods with a conceptual and prescriptive approach. Thus, the originality derived from this research is to highlight the urgency of easily accessible online legal aid in the modernization era for the Indonesian public to provide more accessible and flexible legal facilities.
Transparency in the Preparation of Terms of Reference in the Goods and Services Procurement System in BUMN Wigianto Budiawan
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.v5i1.787

Abstract

This research aims to identify factors that influence transparency in the preparation of TORs in the Goods and Services Procurement system in BUMN. This research uses a normative juridical method with a legal case approach that has permanent legal force. The research results show that the factors that influence transparency in preparing TORs are policies, regulations, technology and human resources that need to be perfected. Clear policies and adequate regulations can increase transparency, the use of technology can be used to simplify and speed up the procurement process and increase transparency in the procurement of goods and services. Human resources who have adequate competence and good morals are also very important to increase transparency in the procurement of goods and services. Based on the research results, the author recommends that BUMN strengthen policies and regulations related to the procurement of goods and services and increase the competence and morality of human resources involved in the procurement process. BUMN can utilize appropriate information technology to increase transparency in the procurement of goods and services. With these recommendations, it is hoped that BUMN can increase transparency in the procurement of goods and services.
Bankruptcy of Individual Debtors Regarding Joint Assets of Husband and Wife Shafira Hijriya; Misnar Syam
Journal of Law, Politic and Humanities Vol. 5 No. 2 (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.v5i2.797

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. The existence of this marriage results in the union of the husband's assets with the wife's assets, which is usually known as joint assets. However, this can be waived if there is a marriage agreement before the marriage takes place. The regulation of the concept of joint property in a husband and wife marriage experiencing bankruptcy is divided into two, namely for husband and wife who are married with a marriage agreement and for husband and wife who are married with a union of assets. For bankruptcy resolution, if joint assets are insufficient to pay debts, it must be proven that the debt is a personal debt or a joint debt.
Reviewing Article 1320 of the Civil Code in the APJB Case Winarsih; Benny Djaja
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.v5i1.808

Abstract

Civil law regulates and determines so that in the association of society, people can know and respect the rights and obligations of each other, so that the interests of each person can be guaranteed and maintained as well as possible. (Christina Bagenda, 2023) This research aims to analyze whether the Deed of Sale and Purchase Agreement hereinafter referred to as APJB (Elfa Mirnawati Damayantia, 2023) made by and before Khairu Subhan, S.H. as Notary (Defendant II) in Decision Number 95/PDT/2021/PT SMR has fulfilled the valid requirements of an agreement according to Article 1320 of the Civil Code. The research method used is normative with an analytical descriptive approach. The results showed that although the APJB (Elfa Mirnawati Damayantia, 2023) initially fulfilled the valid terms of the agreement, there was a default by Yusi Ananda as Defendant I in its implementation which resulted in the valid terms of the agreement no longer being fulfilled and had no legal force because Diponogoro K. Fernandez as the Plaintiff requested a request for annulment to the Court. Civil Law regulates and determines that in social interactions, people can know and respect each other's rights and obligations, so that the interests of each person can be guaranteed and maintained as well as possible. (Christina Bagenda, 2023) This study aims to analyze whether the Deed of Sale and Purchase Agreement, hereinafter referred to as APJB (Elfa Mirnawati Damayantia, 2023) made by and before Khairu Subhan, S.H. as Notary (Defendant II) in Decision Number 95/PDT/2021/PT SMR has met the requirements for a valid agreement according to Article 1320 of the Civil Code. The research method used is normative with a descriptive analytical approach. The results of the study show that although the APJB (Elfa Mirnawati Damayantia, 2023) initially met the requirements for a valid agreement, there was a breach of contract by Yusi Ananda as Defendant I in its implementation which resulted in the requirements for a valid agreement no longer being met and having no legal force because a request for cancellation was requested from the Court by Diponogoro K. Fernandez as the Plaintiff.
Legal Aspects of City Branding for the Protection of Trademark Rights: City Branding of Ambon City of Music Fransisca Jallie Pattiruhu
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.v5i1.809

Abstract

The issue that this paper seeks to address is how the Law 20 of 2016 regulates trademarks and geographical indications in relation to municipal branding. Normalcy in the law is the subject of this study. Law 20 of 2016, which regulates geographical indications and trademarks, is the subject of this study's investigation into the potential consequences of city branding. After then, a statute and a conceptual framework pertaining to trademark registration are used to examine the matter. Following this description, the author has drawn the following conclusions: One thing to keep in mind is that city branding is not specifically addressed in Law No. 20 of 2016, which regulates trademarks and geographical indicators. Second, because it does not contradict with anything that is forbidden or cannot be registered in a trademark registration application, city branding can be specifically registered as a city service or trademark. Thirdly, the city branding of Ambon City, known as “Ambon City of Music,” satisfies the elements of city branding previously mentioned. In addition, the brand “Ambon City of Music” is known among local and national communities as having given birth to or produced many singers and musicians in this city.
Legal Protection of Consumers with Online Transactions Suwardi; Rossa Ilma Silfiah; Humiati; Kristina Sulatri; Yudhia Ismail
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.v4i6.810

Abstract

With the existence of a new legal regime known as cyber law or telematics law, the transaction system makes it easier for users. Cyber law or cyber law is used by utilizing information and communication technology which is a manifestation of the convergence of telecommunications law, media law and information law. The legal problems that are often faced are related to information, communication and/or transactions, especially in terms of evidence related to legal actions carried out by electronic systems. This writing aims to provide legal protection for consumers with online transactions. The research method used is normative juridical research, which involves analysis of theories, concepts, legal principles and statutory regulations relevant to this research topic. The legal problems that are often faced are related to the delivery of information, communi cation and/or transactions electronically, especially in terms of evidence and matters related to legal actions carried out through electronic systems. The results of this research can be concluded: First, in the form of legal protection for consumers who make online transactions as regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions as well as provisions for legal protection for consumer users with online transactions or e-commerce. Second, in the form of responsibility for parties involved in online transactions or e-commerce as stated in Law Number Article 12 paragraph 3 concerning Information and Electronic Transactions, it is explained that every person who violates the obligation to carry out electronic transactions must be responsible for all losses and the resulting legal consequences.
Disparity of Constitutional Court Decisions on The Position of the Corruption Eradication Commission From the Fiqh Siyasah Perspective Dinda Putri Sabillah Lubis; Afifa Rangkuti
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.v5i1.812

Abstract

The Constitutional Court Decision No. 36/PUU-XV/2017 states that the Corruption Eradication Commission (KPK) is a state institution in the executive domain. This decision contradicts 3 (three) previous conclusions which stated otherwise that the Corruption Eradication Commission (KPK) is an independent state institution through its decision no. 012-016-019/PUU-IV/2006, No. 5/PUU-IX/2011, Number 49/PUU-XI/2013. This research aims to determine the Constitutional Court Decision Number 36/PUU-XV/2017 regarding the position of the Corruption Eradication Commission as an Independent State Institution in the Indonesian Constitutional Structure. The research method used is juridical-normative legal research with a statutory approach. The data collection technique was carried out by means of library research (library research). This research also reviews the position of the Corruption Eradication Committee (KPK) in the perspective of siyasah fiqh. The concept of the mazalim institution dates back to the Umayyad era. The mazalim institution is a judicial authority that is higher than the al-qada area and the al-hisbah area, namely resolving cases that cannot be resolved by the two judicial institutions. The results of this research explain that Constitutional Court Decision Number 36/PUU-XV/2017 which places the KPK as a state institution whose position and existence is in the executive branch of power has created problems with the KPK's institutional position and relationships. Therefore, the right to inquiry issued by the DPR against the Corruption Eradication Commission is an implementation of the function of legislative oversight of the executive branch (government).
Strategy for Implementing the Technical Functions of the Ministry of Defense in the Regions to Realize a Strong National Defense Yudhi Murfi; Syaiful Anwar; Yoedhi Swastanto; Totok Imam Santoso; R Djoko Andreas Navalino; Robby Mochamad Taufik; Brantas Suharyo G; Arman Maulana
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.v5i1.813

Abstract

This study aims to analyze the role and challenges in the implementation of the technical functions of the Ministry of Defense in the regions, as well as its contribution to a strong national defense system. In the context of Law Number 3 of 2002 concerning National Defense, this study highlights the importance of synergy between the central and regional governments in managing national defense. Through the literature study method, this study examines various regulations, the role of regional governments, the involvement of TNI units, and the use of technology in supporting regional defense strategies. The results of the study indicate that although there are supportive policies, there are still significant challenges in implementation in the field, including less than optimal coordination between the center and regions, and limited facilities and infrastructure. This study concludes that the integration of formulating regional defense strategies in collaboration between Ministry of Defense, TNI and regional governments is very important to realize a strong, adaptive and resilient national defense system in facing various threats.

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