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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 Analysis of Errors in Recording the Origin of Land on Land Management Rights by the National Land Agency Josie Jayasaputra Kusmayadi; 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.v5i1.839

Abstract

Soil functions as the surface layer of the earth that supports plant roots' growth, supports upright plants and meets water and air needs. The importance of land for humans is very clear, because humans cannot live without land. Therefore, land registration becomes increasingly important for society as time goes by. The land registration process produces legal consequences, namely the issuance of a land certificate which functions as legal and strong evidence for the holder of rights to the land. However, with the large number of certificates issued by the National Land Agency (BPN), the possibility of errors in the certificate issuance process remains, even though the chance of such errors occurring is small. One error that may occur is an error in recording the origin of land over management rights, as illustrated in the Decision of the State Administrative Court for Judicial Review Number 206/PK/TUN/2023. This research uses normative juridical research methods. Errors or omissions in issuing a certificate can cause the certificate to become invalid, either due to inaccurate data on the legal subject or legal object stated in the certificate. These errors can occur at various stages of land registration. Adding phrases such as "Above HPL No. 1/Jatinegara” can affect the meaning and legal consequences for PT ABC as the legal owner of the land. The existence of provisions regarding certificates and land rights is a preventive step to protect land rights and prevent disputes. For repressive legal protection, which is applied after a dispute occurs, the aim is to resolve the conflict. If a land dispute arises, repressive legal protection can take the form of restoring rights to the original owner of the land
Juridical Review of Wills That Do Not Meet Portie Legitieme in Civil Inheritance Law (Study of High Court Ruling Number 86/PDT/2017/PT PAL) Jesica; 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.v5i1.842

Abstract

The purpose of this research was to find out how the law views whether a will is valid or not which reduces the share of the inheritance (legitieme portie) of the rightful heirs and to find out the judge's considerations in determining the distribution of inheritance in the Palu High Court decision number 86/PDT/2017/ PT PAL. This research uses a normative-empirical juridical research method with a statutory approach, uses secondary data types with data collection techniques, namely interviews, document studies, and case studies, and uses legal analysis data collection techniques. A person can obtain his inheritance through 2 (two) ways according to civil inheritance law, namely according to the provisions of the law and a will. A will is a statement about what is desired to happen after the person dies and can be revoked by it. If during their lifetime the testator has made a will, then before calculating their respective inheritance shares, they must also pay attention to the existence of the legitimate portie or absolute share of the heir.
Nuclear Weapons From the Lens of the UN Charter Syifa Syarifa
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.v5i1.843

Abstract

Nuclear weapons have been a longstanding topic of debate in international law, as their presence brings up concerns about their legality and morality in relation to global peace and security, which are core principles of the United Nations (UN). This article analyses the provisions related to the possession, use, and threat of use of nuclear weapons under the UN Charter. Employing a qualitative approach and normative method, this article examines relevant legal documents and scholarly literature. The analysis shows that while the UN Charter does not directly regulate nuclear weapons, its principles have laid the foundation of the Non-Proliferation Treaty (NPT) and the Treaty on the Prohibition of Nuclear Weapons (TPNW). The possession of nuclear weapons is legally permitted for certain states under the NPT, provided they make sincere efforts toward achieving complete disarmament. Additionally, the use and threat of use of nuclear weapons must comply with the principles of international humanitarian law and customary law, which inherently cannot be fulfilled by nuclear weapons due to their nature.
Legal Protection of the Office of Notary against the Principle of Confidentiality in View of Article 66 Paragraph (4) of the Notary Law Nadhea Tungga Devi; 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.v5i1.845

Abstract

This article is entitled “Legal protection of notary positions against the principle of confidentiality in review of Article 66 paragraph (4) of the UUJN”. The research method used is normative juridical research, using secondary data to analyze legal issues. The result of the research is that the legal protection of notaries in maintaining the confidentiality of the contents of their authentic deeds is not effective with the application of article 66 paragraph (4) of the UUJN by law enforcement in examining notaries. This is due to the absence of implementing regulations for article 175 of Law No. 6 of 2023 Jo article 66 paragraph (4) of UUJN, which has implications for the examination of notaries without protection and legal defense efforts to submit to law enforcement photocopies of the Deed Minute and/or letters attached to the Deed Minute or Notary Protocol in the Notary's storage which are confidential and guaranteed by law. Direct examination of notaries based on Constitutional Court Decision 20 PK/PID/2020 if MKN does not respond to law enforcement's request for notary examination (Article 66 (4) UUJN). 
Proof of the Legal Power of Electronic Certificates Against Criminal Acts of Forgery Zulki Zulkifli Noor
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.v4i6.846

Abstract

his study aims to analyze the legal force of electronic certificates in relation to the crime of forgery. Electronic certificates as one of the digital legal instruments are recognized in Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), providing a strong legal basis for their recognition and validity in the evidence process. However, in its application, there are various challenges, especially related to data security and the risk of forgery. Through a normative legal approach, this study examines various laws and regulations as well as relevant case studies to evaluate how electronic certificates can be used as valid evidence in court. The results of the study show that although electronic certificates have legal force, there are still gaps in regulation and implementation that can be exploited by criminals to commit forgery. Therefore, increased regulation and supervision are needed to ensure the reliability of electronic certificates in the legal process.
Juridical Review of Notary’s Liability for Storage and Force Majeure of Deed Minute in Notary Office Julitha Ananda Putri; Thea Farina; Karlinae Bangas
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.v5i1.848

Abstract

This research examines the responsibilities of Notaries regarding the storage and force majeure of the minutes of deeds at the Notary's office. Notaries are obliged to make and keep the minutes of deeds as part of the notary protocol according to the Notary Deed of Office. However, the lack of specific regulations regarding retention poses a risk of damage or loss of documents, especially in force majeure situations. Although the digital age offers alternatives to mitigate these risks, Indonesian positive law has yet to recognize digital storage as a legitimate solution. This research uses a normative legal approach to identify the relevant issues and concludes that clearer regulations are needed to protect the integrity and viability of notarial deeds in the future. 
Tunisian Fragile Democratization: Case of Democratic Backsliding during Kais Saied’s Presidency Ajeng Nadiya Husna Syahba; Adhi Cahya Fahadayna
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.v5i1.849

Abstract

Tunisia is the only Arab country that has successfully carried out a revolution and democratization after the Arab Spring. However, this success cannot guarantee that democracy can survive and run well, especially in meeting the demands or expectations of the community. This paper aims to explain the decline of democracy during the Kais Saied administration after ten years of democracy implemented in Tunisia. This research uses Quantitative methods to explain the obstacles to the development of democracy. Multiple regression analysis techniques were used in this research to analyze the primary data: the Democracy Index by the Economic Intelligence Unit, Tunisia's GDP Growth (Annual) by the World Bank, and the Freedom of the World score by Freedom House to determine the influence of economic growth and the level of freedom on the decline of democracy in Tunisia. The study results show that economic growth and the level of freedom are interrelated with the prevailing government system. Aspects of political culture among the community and political elites influence the implementation of democracy. Democracy has not been able to be the key to overcoming challenges related to economic growth and high levels of corruption in Tunisia. The failure of political parties to carry out their duties and establish good relations with the community has hampered the development of democracy and encouraged the decline of the democratic regime in Tunisia through President Kais Saied's decision to dissolve parliament.
Legal Analysis of Land Sale And Purchase Deeds Made Not in Accordance With the Provisions of Government Regulation Number 24 of 2016 (Case Study of Supreme Court Decision Number 3507 K/PDT/2023) Florentina Cristy; Mia Hadiati
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.v5i1.850

Abstract

This research aims to examine the validity of the deed made by the Deed Official. The State of Indonesia declares itself as a State of law which means that all aspects of life including all activities, regulations, and decisions to be taken by the Government must be based on all applicable laws in the State of Indonesia. The leadership system adopted by Indonesia is a Presidential government where the President is given the duty and trust as the Head of State. In exercising his governmental powers, the President is assisted by state ministers appointed and dismissed by the President. Regarding the scope of Land Registration in Indonesia, the Government is assisted by the National Land Agency and the Land Deed Official. The presence and role of the Land Deed Official in ensuring legal certainty of land status and ownership is very important because it is the main pillar, the condition for the authenticity of a deed, as proof that a legal action has occurred regarding land rights. In carrying out his position, the Land Deed Official is obliged to comply with statutory regulations, namely Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Regulations on the Position of Land Deed Officials.  The presence and role of the Land Deed Official in ensuring legal certainty of land status and ownership is very important because it is the main pillar, the condition for the authenticity of a deed, as proof that a legal action has occurred regarding land rights. In carrying out his position, the Land Deed Official is obliged to comply with statutory regulations, namely Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Regulations on the Position of Land Deed Officials. This research, namely by examining the Supreme Court Decision Number 3507 K / Pdt / 2023, and the statutory approach to understanding how the law is applied in the concrete situation of the case.
Sustainable Runggu Strengthening Model: Communal Intellectual Property Protection in Ecotourism Puncak 2000 Siosar, Karo Regency Amelia Anggriany Siswoyo; Palacheta Subies Subianto
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.v5i1.852

Abstract

Runggu is a model of local wisdom of the Karo indigenous community that has an important role in the kinship system, communication and deliberation to make a decision in the Karo indigenous community. Runggu is a collection of "human living treasure" that can protect and preserve the communal intellectual property of the Karo people. Puncak 2000 Siosar has a lot of potential that can be explored by Runggu to be inventoried and recorded as communal intellectual property. The lack of communal intellectual property literacy, communal intellectual property commercialization literacy and customary communal literacy causes communal intellectual property to not be utilized economically for the development of ecotourism of the Karo community in Puncak 2000 Siosar. Even though communal intellectual property is commercialized, indigenous peoples will get fair and equitable benefits sharing that has the potential to improve the welfare of local communities. However, it takes synergy and active collaboration from various relevant stakeholders, especially from the Runggu Karo community in the Puncak 2000 Siosar Ecotourism area to make Karo communal intellectual property a regional superior product. The data analysis technique used in this research is quantitative data analysis technique using statistical methods using SmartPLS software version 4.0. The conclusion of this research is that increasing indigenous communal literacy in the context of communal intellectual property has a double effect. On the one hand, it encourages indigenous peoples to better appreciate and preserve their cultural heritage. On the other hand, this literacy also opens up opportunities for indigenous peoples to utilize their intellectual property commercially.
Validity of A Notarial Deed Made Without the Presence of the Presence Desy Agatha Sari; Rasji
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.v5i1.854

Abstract

The Notary is obliged to read the deed in the presence of the audience and therefore is obliged to face the Notary. On the other hand, it will have an impact on the deed becoming invalid and the Notary's civil liability. This research is normative legal research using statutory and case approaches, with the source of research material being secondary data obtained through a literature study. The results of this research show that, philosophically, the legality of a Notary's deed made without the presence of an audience is related to truth and justice, that with the presence of an audience, it is true that the audience is present so that he can listen to the contents of the deed read by the Notary so that the deed becomes valid because its truth can be accounted for. Juridically, the presence of an audience in front of a Notary when making a deed is a provision of Article 16 paragraph (1) letter m UUJN which states that a Notary in carrying out his or her position is obliged to read the deed in the presence of the audience so that the Notary's deed becomes valid if it is based on this juridical provision. The validity of Notarial deeds made without the presence of an audience according to Supreme Court Decision Number 1615 K/Pdt/2018/2020 is that the deeds were declared invalid and null and void, and the Notary was deemed to have committed an unlawful act because the plaintiff was proven to have never appeared before the Notary.

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