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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 Protection of Creditors' Preferences Rights Regarding Fiduciary Security Receivables Muhammad Awal Alishakur; 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.v5i1.874

Abstract

This article is entitled legal protection of creditors' preference rights for fiduciary guarantee receivables. This article uses a normative legal research type with a research approach . statute approach , namely a legislative approach carried out by identifying legal issues and discuss applicable laws and regulations, in relation to the material discussed . The state through laws and regulations provides legal protection for recipients of guarantees for goods legally in the transfer of rights to goods, one of which is fiduciary guarantees. This guarantee positions the recipient of the guarantee as having special rights, namely being given the first opportunity in terms of making payments if the borrower experiences default or bankruptcy . The recipient of fiduciary guarantees legally according to the Fiduciary Law can sell goods that have been placed as fiduciary guarantees, if the creditor or borrower cannot fulfill their obligations in the loan agreement. This execution is guaranteed in Article 15 paragraph (2) of the Fiduciary Law, through an execution mechanism with a court ruling
Analyze the Impact and Handling of Legal Actions on Bullying on Social Media Tiktok Shinta Rahmalia Saputri; Arief Budiono
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.v5i1.877

Abstract

Bullying on social media, including the TikTok platform, has become a pressing issue in the modern digital context. This research aims to analyze the impact and handling of legal actions on bullying on TikTok social media. This research method is empirical legal research. The primary and secondary data sources of this research are primary and secondary.  The data collection techniques are interviews, questionnaires, and observation. The method of analyzing data obtained from research is processed and analyzed in a qualitative descriptive way, meaning that data analysis is based on what is obtained from the literature, both orally and in writing, then directed, discussed, and given an explanation with the applicable provisions and then concluded. The results of this study show that both victims and perpetrators have a negative impact from criminal acts of bullying—legal consequences for the perpetrators and legal protection for victims of cyber bullycyberbullyingd. The legal mechanism can handle legal acts of bullying on the internet, especially on TikTok social media, namely complaints on the TikTok social media platform. Bullying on social media can be sanctioned based on Law No. 11 of 2008 concerning Electronic Information and Transactions (UU ITE), updated with Law No. 19 of 2016. Suppose the act of bullying relates to insult or defamation. In that case, the perpetrator can be charged with the Criminal Code (KUHP) Articles 310 and 311 with the threat of imprisonment or a fine, depending on the severity of the case.
Implementation of Economic Rights Protection for Broadcast Right Holders of Football Matches Through the Consolidation of Compensation Claims in Criminal Cases Based on Law No. 28 of 2014 on Copyright and Article 98 of Law No. 8 of 1981 on Criminal Procedure Noverina Alicia Putri; Muhamad Amirulloh; Aam Suryamah
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.v5i1.879

Abstract

The development of information technology has influenced various sectors, including cinematography, which is protected by copyright law, especially in the context of broadcasting football matches. Despite copyright protection, many parties engage in unauthorized rebroadcasting, causing a breach of economic rights for the relevant rights holders. This research analyzes the legislative regulations protecting football broadcasting rights in Indonesia and the financial rights protection related to rebroadcasting. This research aims to understand the legal rules about football broadcasting rights and the safety of economic rights for broadcasting rights holders. A mixed legal study method combines normative and empirical legal research. The research results indicate that the Copyright Law provides adequate protection for the economic rights of football broadcasting rights holders. These exclusive rights are acquired by legal entities authorized to broadcast audiovisual works through radio media. Although criminal judgments cannot fully restore economic losses, mainly because they are penal, further steps are necessary to ensure compliance with these exclusive rights
Collaboration Between Women and Child Protection and Women's Crisis Center in Assisting Victims of Sexual Violence Against Children Mavitia Humairah Ms; Heni Nopianti; Ika Pasca Himawati
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.v5i1.880

Abstract

This research is based on the issue of child sexual abuse, which is a problem in Indonesia, including in Bengkulu City; in response to this, government and non-government institutions must collaborate in assisting victims of child sexual abuse. This research aims to analyze the collaboration process between the Women and Child Protection Agency and the Women's Crisis Center in helping victims of child sexual abuse in Bengkulu City, analyzed using functional structural theory proposed by Talcott Parsons. This research uses a qualitative approach and is a descriptive research type. Data collection techniques used were non-participant observation, semi-structured interviews, and documentation. The results show that the collaborative mentoring process was carried out through several indicators: active online and offline communication and high trust and commitment between the two in solving problems. The deliberation stage is the hallmark of collaboration as community strengthening, which involves the community in preventing and handling cases. In some programs implemented, access to human resources is lacking, so collaboration can be established to achieve a more optimal service assistance process and the availability of financial resources from the central government. This study concludes that in addition to a smooth mentoring process, there are still obstacles, including the lack of evaluation and budget from the local government to support the smooth mentoring process.
Legal Protection for Notaries in Making a Certificate of Inheritance for the Disbursement of Savings Funds Made Based on False Documents by the Parties Aditya Salsabila Consoleo; 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.v5i1.881

Abstract

The primary duty of a Notary is to create authentic deeds, and their role is particularly significant in the banking sector. For instance, in matters involving the heirs of bank customers, the preparation of an Inheritance Certificate is necessary for the disbursement of savings funds, even in cases where a false Death Certificate is presented. The purpose of this study is to investigate the legal protection available to Notaries when preparing inheritance certificates for savings disbursement based on falsified documents. A Normative Juridical Method is employed, utilizing normative legal research with a legislative and case-based approach. The findings indicate that when drafting an inheritance certificate for savings disbursement based on a fraudulent death certificate, the Notary must diligently verify the authenticity of the heirs, scrutinize the death certificate, and examine relevant documents such as identity cards, family cards, and the credentials of individuals authorized to sign the inheritance certificate. Additionally, the Notary must corroborate these details with witness statements to ensure accuracy. To address challenges in such cases, it is crucial for the Notary to exercise utmost caution. This diligence helps prevent errors whether intentional or unintentional that could invalidate the authentic deed due to inaccuracies or misrepresentation of facts. Ultimately, the Notary bears responsibility for any inaccuracies in the document they produce.
Unlawful Acts Committed By A Substitute Notary Regarding the Mortgage Deed they Drafted Nadia Tasha Juniar; 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.v5i1.882

Abstract

The role of a notary is indispensable, as notaries are tasked with the duty and obligation to draft authentic legal deeds, which hold great significance, particularly in a legal state such as Indonesia. In certain circumstances, notaries may be required or permitted to take a leave of absence, commonly referred to as notary leave. To prevent any gaps in service, a substitute notary is appointed in accordance with prevailing regulations. These substitute notaries, in fulfilling their duties, are bound by the Law of The Republic of Indonesia Number 30 Of 2004 on Notary Profession. However, in the course of executing their responsibilities, a  Substitute Notary may contravene the Law on the Rules of Notary Profession or engage in unlawful act, raising questions regarding the accountability of a Substitute Notary in cases where they commit unlawful acts, such as in verdict number 395/Pdt.G/2011/PN. JKT. Sel. Writing method used in this study is a normative juridical research method.
Philosophical Study of the Local Wisdom of “Guni Gelo” as Restorative Justice in Customary Law in Kangae District, Sikka Regency, NTT Province Micael Josviranto; Yoseph Darius Purnama Rangga; Agustino Resen Wakhe
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.v5i1.883

Abstract

The Issue of law is one that directly touches human life. One of the legal systems closely tied to humans since ancient times is customary law, which has developed orally. In Kangae District, Sikka Regency, there is a customary law term known as "Guni Gelo," which represents the local wisdom of the community. The aim of this study is to examine the philosophical values of the local wisdom "Guni Gelo" to ensure that it is properly implemented in accordance with the customary law that applies to the Sikka Regency community, specifically in Kangae District. The research methodology included several stages: initial observations, preparation of research instruments, instrument validation, data collection, verification of the validity of the collected data, and data analysis. The customary law of Guni Gelo is one of the local wisdom traditions in Kangae District, Sikka Regency, East Nusa Tenggara (NTT), which holds deep philosophical significance for its people. The philosophical value identified from the research results is the recognition of the inherent value of humanity itself.
Transformation of Land Registration Through Electronic Certificates to Overcome Overlapping Certificates in Indonesia Kevin Veronica Halim; 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.v5i1.884

Abstract

Land is a crucial natural resource for human life, serving as a residence, a basis for economic activities, and a symbol of status. Effective land registration is vital for providing legal certainty and preventing disputes, particularly regarding the issue of overlapping certificates. This writing will discuss the role of electronic certificates as a solution to address this issue, considering that the increasing number of registered land parcels can trigger ownership conflicts. Although the existing legal framework provides a clear structure, challenges such as a lack of accurate data, complex bureaucracy, and high registration costs still hinder implementation. Electronic certificates are expected to enhance transparency and efficiency in land rights management; however, they do not guarantee the elimination of future disputes. Therefore, community education and improved oversight among relevant agencies are necessary to ensure the successful transformation of the land registration system in Indonesia
The Authority of the Notary Supervisory Council regarding Unlawful Actions Related to the Notary's Code of Ethics in Making Authentic Deeds Tiya Nuraini; Amad Sudiro
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.v5i1.885

Abstract

The authority of the Notary Supervisory Council in carrying out supervision and guidance in the implementation of the position of Notary has a big influence and aims to ensure that the implementation of the position is in accordance with existing regulations and runs properly. The Notary Supervisory Council also has the authority to follow up on cases related to violations of the notary's position and violations of the code of ethics committed by Notaries, which can cause problems for the public as Notary clients, because the Notary's position is a position that is trusted and delegated by Law Number 2 of 2014 concerning amendments. Based on Law Number 30 of 2004 concerning the Position of Notaries in making Authentic Deeds which produce strong legal evidence, on this basis Notaries are strictly prohibited in the Law on the position of Notary as well as the Notary Code of Ethics Regulations from committing violations in the implementation of making authentic deeds. Apart from that, Notaries are also obliged to have moral ethics that uphold and maintain the dignity of the Notary's position. Currently, it is not uncommon to find Notaries who commit unlawful acts in carrying out their positions, as in one of the cases that occurred with a Notary in Cirebon in District Court Decision Number 83/Pdt.G/2022/Pn Cbn. The research method used is normative legal research which is descriptive analytical in nature. The results of this research show that in carrying out the office of Notary, the authority of the Notary Supervisory Board is the most important element in creating an orderly and proper implementation of the office of Notary in producing legal products in the form of authentic deeds that are valid and have full legal force.
Legal Protection of Workers' Rights for Victims of Workplace Accidents: A Cross-National Comparative Analysis in the Context of Worker Welfare Sahda Saraswati Akbar; Rianda Dirkareshza
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.v5i1.887

Abstract

Workers' rights to occupational safety are defined as rights that must be considered by all countries as stated in article 23 of the Universal Declaration of Human Rights. Through this, the author is interested in conducting research as a form of achieving better worker welfare and also aims to provide insight for policy makers to improve and develop regulations related to worker safety and health. This study uses a comparative method that compares regulations in Iceland, Canada, Belgium, Singapore, Australia with regulations in Indonesia using a legal research approach and a conceptual approach. The novelty in this study is to conduct a comparative study of the six countries in achieving worker welfare through aspects of worker health and safety. However, of course Indonesia needs to make other considerations in determining regulations or policies that will be adopted through implementation in other countries.

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