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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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Responsibility of Transportation Business Actors for Passenger Losses from a Maslahah Perspective (Case Study of PT. Barumun, Padang Lawas) M. Syafii Nasution; Muhammad Amar Adly
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.v5i1.929

Abstract

One of the barometers determining the progress of life and civilization of a society is the progress and development of information and technology activities used by the community in transportation activities. This study aims to determine the losses suffered by passengers due to the negligence of the bus company and the liability of transportation business actors for passenger losses with a focus on the Maslahah perspective. The research used is empirical juridical research with a Living Case Studies Approach and Conceptual Approach. Data is collected by interview and document study methods. Then the data is processed and analyzed with qualitative methods. The results of this study indicate that the responsibility of PT Barumun for the operation of buses that cause losses to passengers in terms of security, comfort, and safety of passengers and their luggage. In the maslahah perspective, the bus company's responsibility for passengers who suffer losses can be done by replacing all losses arising from the operation of the bus in accordance with applicable regulations so as to create benefits for all passengers who want to travel short or long distances by using PT. Barumun bus services.
Effectiveness of Rehabilitation Programs for Child Trafficking Victims in Indonesia Raden Ajeng Diah Puspa Sari; Dr. R. Rahaditya, S.H., M.H
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.v5i1.930

Abstract

Child trafficking is a type of crime that significantly impacts victims' lives, causing physical, mental, and social trauma. Rehabilitation programs are essential to help child trafficking victims recover and continue their lives. These programs are designed to meet various victim needs, including psychological recovery, physical health, education, and social reintegration. However, many question the effectiveness of these rehabilitation programs, particularly regarding victims' specific needs, available support levels, and how well they help victims readapt to society. The focus of this research is to evaluate the effectiveness of rehabilitation programs offered to child trafficking victims in Indonesia. These programs are expected to address the deep trauma experienced by victims, improve physical health impaired by exploitation, and provide necessary support and skills for social and economic reintegration. However, field evidence shows that many problems arise during program implementation. These include resource limitations, victims' lack of access to mental health services, and insufficient cooperation between relevant agencies managing rehabilitation.
Notary Authority in Apostille Documents to be Used Abroad Through Apostille: Realizing the Ease of Document Legalization in Border Areas, Especially in Indonesia Saskia Nabilah; Ferdi; Syofirman Syofyan
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.v5i1.938

Abstract

The legalization of notary authority in Indonesia is a complex problem, with the issuance of an Apostille certificate to certify the authenticity of the signature, the ability of the person who signed it, as well as the identity of the stamp and seal. This is in line with Article 3 of the Convention on the Elimination of Requirements for the Legalization of Foreign Public Documents or the 1961 Hague Convention (Apostille Convention). The authority of Indonesian notaries to conduct apostille on Notary Deeds used abroad is related to the application of the Apostille Convention. The research used is normative juridical research, focusing on the relationship between the arrangement of apostille on documents used abroad and the application of the Apostille Convention. The authority to issue an apostille certificate depends on the individual country's regulations and the nature of the document. The allocation of authority to grant an Apostille depends on the legal nature of the document and the authority or institution that issued it. The proposed amendment to Permenkumham No. 6 of 2023 aims to delegate the authority to affix signatures on Notarus documents used abroad to notaries.
Settlement of Default in the Coal Procurement Agreement Between PT. Semen Padang with PT. International Periodical Using Letter of Credit (L/C) Aldyans Rio Pratra; Elwi Danil; Azmi Fendri
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.v5i1.947

Abstract

In the Coal Sale and Purchase Agreement Number 39/PJJ/PBR.12/01.2008 between PT Semen Padang and PT Berkala International, payment is made by Domestic Documented Letter of Credit or Letter of Credit.  For this reason, SKBDN Number MS 77106009548 was issued by PT Bank Mandiri in the amount of IDR 29,700,000,000.00,- to PT Berkala International. PT Berkala Internasional defaulted on not sending coal according to the agreed time. Using a case approach and normative juridical, primary data was obtained from PT. Semen Padang and secondary data are primary and secondary legal materials. To analyze the first problem, legal protection and contract theory are used, the second problem is dispute resolution theory. According to Article 1338 of the Civil Code, the consent made legally binding on the parties holding it, providing legal protection for PT Semen Padang to demand PT Berkala International, to do something, namely to deliver coal as stipulated in Article 1234 of the Civil Code. According to the contract theory, the agreement occurred after the party that received the offer, namely PT Berkala International, agreed to PT Semen Padang's offer to send coal. By filing a default lawsuit, the Padang District Court, the Padang High Court, and the Supreme Court, won PT Semen Padang.
Civilian Endangerment and Human Shield Tactics in the Siege of Mariupol Caecilia Patrice Yonandi; Lewiandy
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.v5i2.948

Abstract

Among the dramatic events of the Russo-Ukrainian War was the Siege of Mariupol in 2022, with the use of human shield tactics and resulting human casualties among civilian populations. This study will therefore assess the extent of human shielding the Ukrainian and Russian forces to ascertain the effects on the civilian population, and zero in on the legal implications under international humanitarian law. A descriptive qualitative research approach was used in this research, whereby information was obtained through wide-scale literature research, specifically reports by international bodies, educational material, and journalistic information by trusted sources. Both parties have done much to bring war closer to civilians and deny humanitarian groups access to them: deploying military infrastructure near residential areas and refusing access and evacuations. Like in most conflicts, civilians have accounted for most of the casualties; destroyed structures in cities or other critical parts were not spared, which has serious humanitarian effects. The study concludes that the use of human shield tactics in Mariupol involves grave violations of IHL and, in this respect, underlines an urgent need for strict adherence to legal norms in the protection of civilians during hostilities.
Deed Signing in Front of PPAT: Feasibility Evaluation (Study of PPAT Working Area of West Jakarta Administrative City) Bintang Parashtheo
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.v5i2.951

Abstract

The signing of a deed before a Land Deed Official (PPAT) is one of the important stages in the process of transferring land rights regulated by Indonesian agrarian law. This study aims to evaluate the feasibility of the deed signing process before a PPAT in the working area of West Jakarta Administrative City. This evaluation includes compliance with legal procedures, the quality of PPAT services, as well as the suitability of documents and the legality of the deed made. Through a qualitative approach with descriptive analysis, this research examines the various factors that influence the feasibility of deed signing, including the PPAT's role in ensuring the validity and legality of the deed, as well as the challenges faced by the parties involved in the process. The results show that although most PPATs in West Jakarta have carried out their duties in accordance with applicable regulations, there are some obstacles related to the public's limited knowledge of legal procedures, as well as potential problems in document verification that affect the feasibility of signing the deed. Recommendations are given to improve the quality of PPAT services through regulatory development and increasing public legal awareness
The Legal Certainty for Land Rights Holders Due to the Issuance Certificates Overlap of Certificates (Overlapping) on property Rights Certificate No. 60 Certificate Issued in 1956 and Certificate of Ownership No. 01729 Published in 2019 is Linked to Government Regulation No. 24 of 1997 on Land Registration. Nurussabila Aulia; Dedy Hernawan
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.v5i2.983

Abstract

Overlapping is a case of land that often occurs and accumulates in Indonesia, namely the certificates in the map placement overlap between one owner and another. This overlapping has happened so many times that cases have piled up, one of the causes of overlapping is that National Land Agency employees are negligent and irresponsible in carrying out their responsibilities in protecting and providing security to the community. The research method used is the Juridical-Normative approach method, the Juridical Qualitative analysis method, using Descriptive-Analytical research specifications by prioritizing legal objective theory. Errors that occur in practice are in the implementation of measurements, registration and mapping which are not carried out directly and in a systematic manner to obtain protection and certainty over ownership of land parcels and land boundaries so that parties obtain the benefits.
The Cohabitation Snare of the Criminal Code Law: Legal Culture Perspective of Individualism and Social Mechanic Solidarity in Legal Sociology Putu Pipit Pricellia Eka Putri
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.v5i1.998

Abstract

This research aims to analyze the emergence of the cohabitation article from the perspective of legal sociology. The research method used is an empirical juridical type. The data used are primary and secondary data. Data collection techniques were carried out by interviewing 3 (three) respondents from teenagers and parents, as well as library study techniques from relevant books and journals. Data processing is presented using qualitative descriptive techniques. The research results show that the cohabitation article was born from the legal culture of modern social values, one of which is individualism embraced by society, so this encourages the legal behavior of law makers to make legal changes by criminalizing cohabitation. From Durkheim's theory of mechanical solidarity, cohabitation becomes criminalization because there are groups of people who have collective similarities who feel that cohabitation is important to be criminalized.
Competence of State Administrative Court in Adjudicating Presidential Decree as Head of State Muhammad Fauzan; Ali Imran Nasution
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.v5i2.1003

Abstract

The position of the President in the presidential system places the President's function as head of state and head of government. The unification of those functions doesn’t negate the differences in the President’s functions as head of state and head of government. This affects the President's authority in issuing decrees. The absence of such affirmation creates legal uncertainty over the resolution of the President's decision, especially the President's decision as head of state. The formulation of the problem raised is 1) how is the model of the using Presidential Decrees in terms of the President’s function as head of state and head of government; and 2) how is the competence of State Administrative Court in adjudicating Presidential Decree as head of state. The research method used normative juridical with a statutory and contextual approach. The results show there are different models of using Presidential Decrees in his position as chief of state and chief of government. Then, the President's decision regarding his position as chief of state becomes a necessity to be differentiated with following elements, First, the President issued it in his capacity as head of state, Second, the President did not have beslissing in issuing it, Third, the decision was issued by the President based on his authority obtained by attribution from the Constitution
The Urgency of Legal Protection for Indonesian Health Workers in the Israel-Palestinian Conflict Area From the Perspective Act Number 59 of 1958 Kelvin Nathaniel; Evelyn Winarko; Nicholas Alexander Indrawila; Christian Bima Ersananta
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.v5i2.1010

Abstract

The Geneva Conventions of 1949, which were later ratified in Law No. 59 of 1958, became the only legal basis for the protection of Indonesian health personnel in conflict zones. However, The Geneva Conventions of 1949 which were ratified by Indonesia did not provide a full explanation of the legal protection of Indonesian health personnel who are in conflict zones. Therefore the presence of the Additional Protocol of 1977 was created to complement the existing rules in The Geneva Conventions of 1949, one of the topics is about detailed regulations related to the protection of health personnel in conflict zones that until now have not been ratified by Indonesia Government. This research is normative legal research using a conceptual approach. The data that used in this study includes secondary data consisting of analysis of laws and regulations, books, scientific articles, journals, and previous research results.

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