cover
Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
Kota tangerang selatan,
Banten
INDONESIA
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,
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.
Articles 1,054 Documents
Abuse of Authority in Utilizing Village Funds as an Effort to Win the 2024 Presidential Election in Indonesia Seen from Qualitative Evidence Aslan Noor; Guntur Atur Parulian; Fachrully Pratama; Agung Dwi Pranyoto; Raineka Faturani Quran
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.v5i1.814

Abstract

This research aims to examine the abuse of authority in the use of village funds as a political strategy to win the 2024 Presidential Election (Pilpres) in Indonesia. Through a qualitative approach, this research explores how village funds, which should be used for community development and welfare, are misused by certain individuals for political purposes. Data analysis was carried out using the triangulation method to ensure the validity and reliability of the findings. The research results show that misuse of Village Funds for political interests, especially in the context of the 2024 Presidential Election, is a practice that damages the integrity of democracy and the welfare of village communities. It was found that the politicization of Village Funds, active or passive support from village heads for certain candidates, distribution of basic necessities with political motives, and direction to elect candidates with the threat of stopping Social Assistance are forms of abuse of power that violate the principles of democracy and human rights. The impacts include losses in development and public services, as well as creating distrust of village government and the political system. To overcome this, firm steps are needed such as strict supervision, fair law enforcement, political education for the community, and policy reform to increase transparency and accountability in the use of Village Funds.
Legal Consequences of a Notarial Deed That Does Not Accord to the Facts And is Not Signed in the Presence of a Notary (Study Decision Number 46/Pdt.G/2023/PN Cbi) Christy Chandra; Tjempaka
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.v5i1.820

Abstract

Indonesia has established its country as a rule of law so one of the goals of a rule of law is to create legal certainty in every interaction between society and the state. The agreement made by a notary in a notarial deed is a manifestation of legal certainty. Laws Number 2 of 2014 concerning Amendments to Laws Number 30 of 2004 concerning the Position of Notaries has given authority to notaries to make authentic deeds. One of the problems that often occurs is that the contents of the notarial deed are not by the wishes of the person present and are not signed in the presence of a notary. The purpose of this research is to determine the validity of a deed that was not made according to the wishes of the appeared and was not signed before a Notary and its application in the case of Decision Number 46/Pdt.G/2023/PN Cbi. This research uses normative legal research methods with an approach to legal cases (case study) and statute approach using secondary data types and data collection techniques, namely interviews and document studies, as well as using legal analysis and prescriptive data collection techniques. Based on the results of this research, it is necessary to know that the validity and legal force of a deed that has been made by a Notary but not in the appeared, where the contents of the deed are not per the wishes of the appearer and is not signed in the presence of the Notary, then the action carried out by the Notary is unlawful acts regulated in Article 1365 of the Civil Code so that the person appearing can ask the Notary to be held civilly responsible as in the case in decision Number 46/Pdt/G/2023/PN Cbi..
Strategies of Omnibus Law Under the Hierarchical Legislation Framework: A Review of Theoretical and Practical Implications Ihsanul Maarif
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.v5i1.827

Abstract

 The implementation of the Omnibus Law in Indonesia, particularly the Job Creation Omnibus Law, has raised several challenges related to the principles of the hierarchy of legislation and legal certainty. The Omnibus Law, which combines various regulations from different levels of law without regard to hierarchical order, has the potential to create legal uncertainty, undermine the legal order, and reduce protections for workers' rights and the environment. This study aims to examine the compatibility of the Omnibus Law method with the principles of Indonesia's hierarchy of legislation and identify its impact on legal certainty. This research employs a normative legal method with approaches that include legislation, conceptual analysis, and comparison, as well as analyzing data from various primary and secondary legal sources. The research findings indicate that the Omnibus Law does not fully align with the principles of the hierarchy of legislation outlined by Hans Kelsen and Hans Nawiasky, and it creates regulatory overlaps that disrupt the legal system's stability. The implications of this research emphasize the importance of adjusting the Omnibus Law concept to better align with Indonesia's legal framework, as well as the need for more detailed implementing regulations to minimize legal uncertainty across various sectors.
Legal Standing of Land Rights Certificate on Eigendom Verponding Land Hafidz Indra Pratama; Gunawan Djajaputra
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.v5i1.828

Abstract

Many disputable incidents related to the ownership of land previously controlled by Western parties continue to occur, where the owner or heir asserts a claim to ownership of the land, even after the enactment of Law Number 5 Year 1960 on Basic Agrarian Principles, as well as the unchanged status of the land over a 20-year period. This research aims to investigate the legal position of land title certificates related to the concept of eigendom verponding land, as well as the legal protection available to holders of certificates declared invalid by Supreme Court Decision Number 109 PK/Pdt/2022. The methodological approach applied is the normative juridical research method. The research findings show that land previously owned by Western parties becomes direct ownership by the state, so that holders of former eigendom verponding land certificates must still be recognized. This conclusion is based on a theoretical analysis of legal norms derived from various hierarchies of laws and regulations that are interrelated and related to each other. Land that was once part of the eigendom verponding system and has now transitioned into direct state ownership, with the issuance of land title certificates, marks a manifestation of the legal protection afforded to individuals who initially held certificates that were later revoked, in accordance with the principle of legal protection. In this context, objections to the issuance of land rights certificates can no longer be raised in court, because essentially, objections to land rights certificates can only be made within five years of the certificate being issued, as stipulated in Article 32 paragraph (2) of Government Regulation Number 24 of 1997.
Restitutio in Integrum in Criminal Regulation of Restitution for the Victims of Criminal Acts Celine Endang Patricia Sitanggang; Jennifer Kurnia Putri; Albertus Hansen Setyabudi; Sheyla Alif Alfiana
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.v5i1.829

Abstract

This study aims to determine the application of the Restitutio in Integrum principle in Indonesian laws and regulations governing restitution to victims of criminal acts. It is currently known that the weakness of restitution execution power in Indonesia has made the fulfillment of restitution to victims difficult to realize. This is because there is no binding force, so that the implementation of restitution is oriented towards the goodwill of the perpetrator of the crime. The research method used in this article is normative juridical with statute approach and conceptual approach. This study argues that restitution arrangements in various laws and regulations in Indonesia do not accommodate forced efforts if the perpetrators of criminal acts do not carry out restitution. In this case, the lacuna results in the difficulty of executing payments that should be received by victims of criminal acts. Therefore, it is necessary to strengthen the application of the principle of restitutio in integrum which is studied through substance, structure, and legal culture as an effort to realize protection as well as justice for victims of inclusive criminal acts.
Factors Inhibiting The Utilization of Agricultural Land Management in Improving The Community Economy (Case Study of Embong Village, Embong Satu, Kota Baru, Uram Jaya District) Faujio Tri Andika; Heni Nopianti; Diyas Widiyarti
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.v5i1.830

Abstract

In agriculture in Indonesia, the majority of farmers are rice farmers, which is a type of plant that has been planted for generations and is also used as the main staple of community consumption; if we look closely at the potential of agriculture in Indonesia, it is very strategic for the welfare of the community, especially rural communities or forest fringe communities. In the community of Uram Jaya sub-district, or more precisely, the community of Embong Village, Embong Satu, Kota Baru, they experience a problem where they can only plant rice once a year due to the beliefs that have been held so far by the people there. In addition to the existence of obstacles to the agricultural process by culture and community values and norms, in this village, there are also several disturbances from various aspects ranging from the lack of local government empowerment efforts, lack of knowledge on the creation of new community innovations, and to the state of the community that lacks interest in new things in agriculture. This research aims to determine the community's understanding and ability to use land in the best possible way by knowing the potential inhibiting factors in land utilization and the relationship between government integration with the community in improving agriculture. This study uses qualitative methods with data collection techniques and interviews with the community, the village government, and the community members who participated directly. This research proves that agriculture in Embong, Embong Satu, and Kota Baru villages is experiencing obstacles in its agricultural development due to natural factors, culture, values, norms, and poor community and government relations.
Notary's Responsibility to the Bank Regarding the Cooperation Agreement for Completion of Mortgage Lisa Putri Utami; Ariawan Gunadi
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.v5i1.832

Abstract

Unfulfilled obligations by the Notary in completing the preparation of the Deed of Credit Agreement, Power of Attorney to Enforce Mortgage Rights (SKMHT), Deed of Granting Mortgage Rights (APHT), and Deed of Acknowledgment of Debt in a cooperation agreement with the Bank will cause losses from the Bank. Completion of Deed Making that is not in accordance with the time limit set in the cooperation agreement must be accountable by the Notary to the Bank. The purpose of this research is to find the responsibility of the Notary towards the delay in making the deed and find the legal implications of the delay in making the deed stated in the cooperation agreement. Normative juridical is the type of research used in this research. The result of the research is that the Notary's delay in making the deed in the cooperation agreement with the Bank can be accounted for by the Notary by compensating the losses arising from the Bank and the legal implications when the Notary is late in making the deed can be sued before the court.
Dispute Over Vote Count in the Election of The Head of Huta Julu Village, Mandailing Natal Regency From the Perspective of Fiqh Siyasah (Analysis Study of Decision Number: 73/G/2023/PTUN.MDN) Nisyatu Zahra Azharani; Ramadani
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.v5i1.834

Abstract

Law Number 6 of 2014 outlines the authority, responsibilities, and processes related to the election and dismissal of village heads. This study examines the mechanisms applied by Indonesian law to resolve disputes related to village head elections. The relevant decision is 73/G/2023/PTUN.MDN. This study uses normative legal research, which involves the analysis of laws and regulations as legal documents. Research findings indicate a discussion regarding the selection of village heads in Huta Julu, a community in Mandailing Natal Regency. Village leaders are appointed directly, bypassing the resolution of existing issues, while disputes regarding fair vote distribution by the election committee are handled unfairly. This study explains the strategies used by judges in resolving disputes that occurred during the village head election in Huta Julu.
Harmonization of Sustainable Tourism Development Policy in the Regional Autonomy Era Mashuril Anwar; Dinda Anna Zatika; Besti Lilyana
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.v5i1.835

Abstract

Tourism development policies in the current era of decentralization have begun to be regulated in various legal instruments of regional autonomy. However, there is still substantial disharmony between the tourism development policies of the central government and regional governments. Consequently, there is an overlapping of policies and the emergence of sectoral egos that cause the development of the tourism sector to become unsustainable. This study aims to analyze the dynamics of the legal politics of tourism development in the regional autonomy regime, as well as to find a model of harmonization of the legal politics of sustainable tourism development in the regional autonomy regime. This study uses a doctrinal legal research method by examining the doctrine, legal principles, theories, and legal rules of tourism development and regional autonomy in Indonesia. Data processing is done through examination, classification, and systematization of legal materials. Furthermore, the data is analyzed descriptively-analytically. The results of the study indicate that the legal politics of tourism development in the regional autonomy regime have not fully reflected the legal politics of tourism development based on sustainability. Regions are given the authority to organize affairs in the tourism sector.
Legal Consequences of Authentic Deed with False Identity Against Notary Moses Nathanael; Benny Djaja; Maman Sudirman
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.v4i6.838

Abstract

Given the very important role of Notaries in upholding justice and truth in society, everyone who participates in law enforcement is obliged to carry out their duties with integrity and devotion, thus raising the degree of the Notary profession to a noble level (officium nobile). This can lead to increasingly complex and challenging tasks amidst the increasingly intense competition between Notaries, which in turn causes some Notaries to be less careful in carrying out their official obligations. The rapid changes in society are accompanied by the increasing need for Notary services, especially in the midst of globalization. People need Notary services in order to carry out their legal obligations, especially in the framework of civil law, where the implementation of a legal action depends on the existence of supporting documents such as letters or documents. This deed is often made by a Notary in the form of an original deed, so that it has more legal weight because of its official and legal existence. Notaries are public officials who have the authority to make Deeds and other legal authorities, as stated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices. In Indonesia, the legal system is very important to resolve various disputes between the government and the community. Another indication that legal certainty has been guaranteed is the stipulation or legalization of a contract by a Notary. The purpose of this normative legal research is to examine laws and regulations relating to the position and duties of Notaries in society

Page 34 of 106 | Total Record : 1054


Filter by Year

2020 2025


Filter By Issues
All Issue Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024) Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024) Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024) Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023) Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023) Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023) Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023) Vol. 3 No. 1 (2022): (JLPH) Journal of Law, Politic and Humanities (November 2022) Vol. 2 No. 4 (2022): (JLPH) Journal of Law, Politic and Humanities (August 2022) Vol. 2 No. 3 (2022): (JLPH) Journal of Law, Politic and Humanities (May 2022) Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022) Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021) Vol. 1 No. 4 (2021): (JLPH) Journal of Law, Politic and Humanities (August 2021) Vol. 1 No. 3 (2021): (JLPH) Journal of Law, Politic and Humanities (May 2021) Vol. 1 No. 2 (2021): (JLPH) Journal of Law, Politic and Humanities (February 2021) Vol. 1 No. 1 (2020): (JLPH) Journal of Law, Politic and Humanities (November 2020) More Issue