Journal of Law, Poliitic and Humanities
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
<![CDATA[Comparison of Regulations Concerning Protection of Migrant Workers Between Indonesia and the Philippines ]]>
<![CDATA[David Leonardo]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.904
<![CDATA[Many Indonesian citizens decide to become migrant workers abroad due to the lack of opportunities to work in the country. But unfortunately, while working abroad, many Indonesia migrant workers receive inappropriate treatment from their employers, such as being mistreated or having their documents confiscated. Taking into account these conditions, the Indonesia government promulgated Law Number 18 of 2017 concerning the Protection of Indonesia Migrant Workers. This study aims to identify the similarities and differences in the legal policies of the two countries, as well as analyze how these regulations are applied in protecting the rights of migrant workers. This study uses a comparative law method, where Indonesia law will be used as the main reference (primum comparandum), while Philippine law will be used as a comparison (secundum comparatum). The results show that Indonesia has several regulations to protect migrant workers, but they are not yet fully effective, especially compared to the more systematic Philippine law in certain aspects, such as lending and legal aid services for migrant workers. Although Indonesia's laws are more detailed, the regulations are still not comprehensive, so it is necessary to pay attention to the advantages of Philippine law to increase protection for Indonesia's migrant workers in the future.]]>
<![CDATA[Legal Protection of Thrift Trade in Indonesia ]]>
<![CDATA[Emilia Esa Wardana]]>;
<![CDATA[Hardian Iskandar]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.905
<![CDATA[The circulation of Thrift goods in Indonesia is one of the triggers for negative impacts entering Indonesia, so there is a need for regulation of the trade in Thrift goods and the need for protection for Thrift goods in Indonesia. The main problem in this writing is what the government's solution is in overcoming the problem of Thrift goods entering Indonesia. Because if left unchecked it will have a bad impact on the country. The research method used is normative research carried out with secondary data as legal material in the form of primary legal material. The results of this research show that Thrift goods are illegal goods, so the government prohibits the practice of buying and selling Thrifts as regulated in Law Number 7 of 2014 concerning trade and regulated in the Minister of Trade regulations. Apart from that, the form of protection for consumers in Thrift goods transactions is also regulated in Law number 8 of 1999 concerning consumer protection, namely that the government guarantees the health and safety of consumers, upholds justice for consumer rights, and provides legal certainty to consumers so that consumers in carrying out transactions can walk safely and comfortably.]]>
<![CDATA[The Politics of Agrarian Law in the Idea of Forming A Special Agrarian Court ]]>
<![CDATA[Hana Maria Wiyanto]]>;
<![CDATA[Yusriyadi]]>;
<![CDATA[Ana Silviana]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.907
<![CDATA[The idea of a special agrarian court is really needed considering that up to now, various agrarian disputes or conflicts have not yet had a definite resolution. Agrarian is a field of science that has specificities, so it is not uncommon for problems regarding agrarian to be complex, because in one object the agrarian conflict may be related to several aspects simultaneously, for example criminal and civil aspects, not just administrative aspects. So we need a court institution with specialization in the agrarian field, consisting of competent experts in the agrarian field with the hope of being able to resolve agrarian conflicts and disputes that have not found a solution to date. Hoping that a special court in the agrarian sector exists, it will be able to function in providing justice, benefits and legal certainty for the community and The goal is to establish a fair and successful community that aligns with the ideals and goals.]]>
<![CDATA[Analysis of Law Enforcement Against Illegal Fishing in Central Bangka (Case Study of Misuse of Fishing Gear with Explosives, Trawling, and Poisoning) ]]>
<![CDATA[Andrieo Vindhya Praguslinardo]]>;
<![CDATA[Muhamad Adystia Sunggara]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.908
<![CDATA[This study aims to analyze law enforcement against illegal fishing crimes in Central Bangka, focusing on the misuse of fishing methods using explosives, trawls, and poison. Illegal fishing is a serious problem threatening the preservation of marine resources and the sustainability of fisheries ecosystems. This research is a normative juridical legal research method. The findings reveal that law enforcement against illegal fishing in Central Bangka faces several challenges, such as limited resources for law enforcement officers, low public legal awareness, and weak coordination among relevant agencies. Although regulations on illegal fishing exist, their implementation in the field remains suboptimal. This study recommends enhancing the capacity of law enforcement officers, increasing public legal awareness, and strengthening inter-agency coordination. A holistic approach involving community participation is also necessary for marine resource conservation.]]>
<![CDATA[Marital Adjustments for Female Prisoners Undergoing Long Distance Marriages at Lapas Kelas II B Muara Teweh ]]>
<![CDATA[Ratu Arum Ningtyas]]>;
<![CDATA[Vivi Sylviani Biafri]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.914
<![CDATA[There are many factors that cause long distance marriages, one of which is rarely highlighted is because one of the partners is involved in a crime and is serving a sentence in prison. Maintaining a household and carrying out duties and responsibilities, especially as a wife for a female prisoner, is a big effort. Female prisoners and their partners must be able to adapt to conditions of long distance marriage and limited communication. The ability to maintain a household was analyzed using Hurlock's marital adjustment theory. This research aims to find out and analyze the marital adjustment of female prisoners undergoing long distance marriages at Muara Teweh Prison as well as the factors that play a role in marital adjustment based on the marital adjustment theory proposed by Hurlock. The research was conducted using qualitative methods with a case study research design. Data collection was carried out by interviews, observation and literature study on 3 informants. Based on the analysis, it was discovered that 2 informants met the aspects of good marital adjustment and had a harmonious household relationship, and 1 other informant was classified as having a bad marital adjustment and had a disharmonious household relationship.]]>
<![CDATA[Optimizing Mediation Assistance as a Realization of Fair Dispute Resolution through the "Ayo Mediasi" Application ]]>
<![CDATA[Yana Indawati]]>;
<![CDATA[Shinfani Kartika Wardhani]]>;
<![CDATA[Sascha Zahra Vernanda]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.920
<![CDATA[Mediation, as defined in Article 1 point 1 of the Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Mediation Procedures in Court, is a method of settlement that uses a negotiation process to reach an agreement between the parties with the assistance of a Mediator. Mediation must be used as a tool to reduce the number of civil cases in court. This study intends to achieve the ease of implementing mediation with high transmission, confidentiality of the parties' names, shorter phases, a quick process, and easy access to the community. This is a descriptive analytical study that takes a normative legal approach. The results of this research show that mediation service providers use the "Ayo Mediasi" application to resolve civil matters outside of prosecution, collaborate with mediators from professional law firms, and are eager to invite the parties to reconcile.]]>
<![CDATA[The People's Economy Approach in the Management of Natural Resources by State-Owned Enterprises in Indonesia ]]>
<![CDATA[Tina Amelia]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.921
<![CDATA[The management of natural resources in Indonesia is constitutionally mandated to follow a people's economy approach, prioritizing public welfare. However, there has been a significant deviation from this principle, with the State-Owned Enterprises Law (UU BUMN) promoting privatization and commercialization, rather than the intended economic model. This reveals a critical gap between constitutional ideals and actual policy implementation. This paper aims to address this gap by examining the inconsistency between the constitution and current SOE practices, particularly in natural resource management. Utilizing a normative juridical research methodology, combining statutory and conceptual approaches, this study investigates how SOEs have increasingly focused on profit maximization, often at the expense of sustainable development and local community welfare. Key findings highlight a fundamental misalignment between the constitutional mandate and the operational goals of SOEs, which now prioritize excessive exploitation for financial gains. The implications of this research suggest an urgent need to reform SOE policies, steering them towards sustainable practices that align with the people’s economy model and the constitutional goal of achieving the greatest prosperity for all citizens. Reorienting SOE management to balance profit and sustainability is essential for protecting both natural resources and the long-term interests of local communities.]]>
<![CDATA[The Existence of the Corruption Eradication Commission Leadership in Investigations After the Enactment of Law Number 19 of 2019 ]]>
<![CDATA[Ahmad Sahroni]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.922
<![CDATA[This study aims to show how the existence of the KPK Leadership as investigators after the enactment of Law Number 19 of 2019 and what its implications are. The preparation of this research was carried out using the type of Normative Juridical research with a statute-approach, conceptual approach and case approach. Based on the research conducted, the authority of the KPK Leadership as investigators has been lost since the enactment of Law Number 19 of 2019 and has had an impact on the failure to realize legal certainty in handling corruption cases, especially in the investigation process. By understanding the concept of authority based on the principle of legality, and by comparing the regulation of authority in the KPK Law and the Prosecutor's Law, it can be seen that regulations must be written clearly in accordance with the principle of lex scripta. It is necessary to carry out reconceptualization and written regulations related to the authority of the KPK Leadership. This research is expected to be able to provide insight to the public and can be a reference for everyone to realize legal certainty, justice and benefits, especially in handling corruption cases.]]>
<![CDATA[Legal Protection of Siri Wives Who Have Not Been Registered at the Dukcapil ]]>
<![CDATA[Aura Fauziyyatur Rahma]]>;
<![CDATA[Hardian Iskandar]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.923
<![CDATA[A siri marriage is a marriage carried out in accordance with Islamic law, but not officially recorded at the Office of Religious Affairs (KUA) or other government institutions. In other words, this marriage is valid religiously, but not recognized by state law. Siri marriages that are not registered in Dukcapil place wives in a vulnerable position to legal injustice. This research aims to find out and examine the legal protection for Siri wives who have not been registered in Dukcapil. This research is a type of normative legal research. This research uses a statutory approach, this research also uses secondary and primary data so that the research results prove that it is based on law. This research shows that a form of legal protection for unregistered wives can actually be included in one family but only records that the marriage has occurred. And in the KK there will be written the statement "marriage has not been registered"]]>
<![CDATA[Position and Legal Consequences of Evidence of Old Rights That Are Not Converted and Controlled by Other Parties (Study of Decision No. 94/Pdt.G/2023/PN Amb) ]]>
<![CDATA[Achmad Dwi Saputra]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.927
<![CDATA[This research focuses on analyzing the legal position of holders of old certificates of title that have not been converted and the legal consequences of physical control of land by other parties who have land certificates. This study uses Decision No. 94/Pdt.G/2023/PN Amb as a case study to understand how courts balance the interests of disputing parties and apply agrarian law regulations in land ownership conflicts. This research was motivated by implementing the Basic Agrarian Law (UUPA) no. 5 of 1960, which requires converting Western rights such as Eigendom Verponding into rights recognized in the Indonesian legal system. This conversion process is regulated by Government Regulation (PP) no. 18 of 2021, but there are still many old rights holders who have not converted because they allow permits, the permit procedures are considered complicated and are permitted by law. Decision Case No. 94/Pdt.G/2023/PN Amb shows that the old right holder can maintain their rights if they can provide legal proof of ownership, even though another party physically controls the land. This research uses a normative juridical approach by examining statutory regulations, legal doctrine, and court decisions. The data analysis technique was carried out descriptively and qualitatively to evaluate the legal position of old rights and land certificates and their implications in agrarian disputes. Based on the analysis, physical control of land without legal proof of ownership is considered an unlawful act per Article 1365 of the Civil Code. The court in this case decided that the holder of the old right which had not been converted still had the right to the land, and the certificate obtained without a valid legal basis was declared invalid. This research highlights the importance of converting old rights to create legal certainty and prevent future land disputes. This conversion not only provides stronger legal protection for land owners but also ensures legal certainty for the next generation who inherits the land.]]>
