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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,
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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The Role of Bawaslu Palangka Raya City in Maintaining the Neutrality of the State Civil Apparatus in 2024 General Election Pahrina; Suriansyah Murhaini; Ivans Januardy
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.v5i2.1013

Abstract

General Elections (Pemilu) are a means of implementing the sovereignty of the people as stipulated in the 1945 Constitution of the Republic of Indonesia, which is carried out directly, publicly, freely, confidentially, honestly, and fairly. One of the main challenges in organizing elections is maintaining the neutrality of the State Civil Apparatus (ASN), which is legally prohibited from engaging in practical politics. The neutrality of ASN is a serious concern because their non-neutrality can affect the integrity of the election process and reduce public confidence in the results obtained. In the context of the 2024 Election, the role of the General Election Supervisory Agency (Bawaslu) of Palangka Raya City is very important in ensuring the neutrality of ASN. This study aims to analyze the role of the Election Supervisory Agency (Bawaslu) of Palangka Raya City in maintaining ASN neutrality during the 2024 Election and to examine the supervision strategy implemented to handle violations of ASN neutrality. Through systematic monitoring, strict law enforcement, and socialization of the importance of ASN neutrality, it is hoped that Bawaslu can ensure the holding of fair and democratic elections.
DEDAYA (Desa Berdaya): Independent Economic Development of Poncokusumo Village Community Through Orange Peel Waste Processing to Create Village Independent Income Latifa Al Muta Ali; Amanda Rahadatul Aisy; Adhiwa Restuanggara Saeputra; Nora Silvia Siahaan; Yogi Riyandika; Endang Sri Redjeki
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.v5i2.1018

Abstract

Poncokusumo Village, located in Poncokusumo Subdistrict, Malang Regency, has significant potential in orange and apple cultivation. The 484-hectare area is estimated to produce 1.8 tons of commodities per 1000 square meters. The DEDAYA program aims to develop a self-sustaining economy in Poncokusumo Village, thereby achieving village independent income and enhancing the village’s strengths through the utilization of orange peel waste into products such as tekaje flour, o-jie-tea, orange chili sauce, and eco-enzyme. This solution involves a holistic approach through (1) socialization and business assistance in developing and managing orange peel waste, and (2) the establishment of the DEDAYA (Desa Berdaya) institution responsible for the structured management of the program. The outcomes include processed orange peel products and scientific publications in Sinta 3 journals. The program’s success is measured by training existing entrepreneurs and enhancing the role of local institutions in supporting village independent income through the DEDAYA program
Legal Protection for Persons with Disabilities Who Become Victims of Sexual Violence Zahra Alsabilah; Dr. Hery Firmansyah, S.H., M.Hum., MPA
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.v5i2.1019

Abstract

As a human rights violation, sexual violence against persons with disabilities requires special attention from the Indonesian legal system. People with disabilities are more vulnerable to sexual violence, yet they are often overlooked in legal proceedings. This article discusses legal protection for persons with disabilities who become victims of sexual violence and the difficulties faced in enforcing their rights. This research analyzes Law No. 8 of 2016 on Persons with Disabilities and Law No. 12 of 2022 on Sexual Violence Crimes through a normative juridical approach. The results show that there are weaknesses in the legal protection process that affect victims' ability to obtain justice. Consequently, to ensure the rights of persons with disabilities are fully met, strengthening regulations and the role of law enforcement institutions in protecting persons with disabilities from sexual violence is necessary.
Juridical Review of Minors Facing Legal Proceedings in Pornography Offenses Lidya Imelda Rachmat; R. Rahaditya
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.v5i2.1021

Abstract

This research analyzes the legal perspective on children in conflict with the law in cases of pornography-related crimes. The primary focus of this study is on the implementation of Law No. 44 of 2008 on Pornography and the Juvenile Justice System in cases involving children as perpetrators or victims. The approach used combines normative and empirical studies with descriptive methods. The results indicate that although regulations are applied, there are challenges in field implementation, such as social stigma against children in conflict with the law. This study also highlights the importance of restorative justice approaches in handling these cases to minimize negative impacts on the child’s psychological and social development.
The Fulfillment of Diversion in Cases of Participation in Assault Resulting in Death by Children Merlin Theodor Handayani Samosir; R. Rahaditya
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.v5i2.1022

Abstract

The increasing number of crimes involving children, the diversion approach is a major concern as an alternative in the juvenile criminal justice system that should be prioritized as mandated by Law No. 11/2012 on Juvenile Criminal Justice System (UU SPPA), which emphasizes peaceful conflict resolution between juvenile offenders and victims. However, this process can be complicated when the victim's family does not accept an amicable settlement. Although peace efforts were achieved between the victim's family and the offender's parents, the difference in sentences between the defendants triggered dissatisfaction and violation of the initial agreement, posing a dilemma in the implementation of diversion. This study highlights the application of diversion in the case resolved in Decision Number 9/Pid.Sus-Anak/2021/PN Jmb, where the peace process between the victim's family and the perpetrator faced challenges, although an agreement was reached. This research uses a normative juridical method with descriptive analysis of legal sources, including laws, journals, and court decisions. The analysis shows that, although diversion is mandatory in juvenile cases, material compensation is not. Its success depends heavily on the willingness of the parties involved to reach a fair and binding agreement so as not to create dilemmas in its implementation. This study recommends refining the diversion mechanism to address conflicts arising from disagreements between the parties in cases of children in conflict with the law.
The Role of Witness and Victim Protection Agency (LPSK) in Assisting Children as Victims of Sexual Violence Nathalie Cristine Luban Gaol; Dr. R. Rahaditya, S.H., M.H
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.v5i2.1023

Abstract

One such human rights violation is child sexual abuse, which has a major impact on the psychological and social development of the victim. Children who are victims of sexual violence often experience severe trauma that can affect their lives in the future. The increasing number of cases of sexual violence against children in Indonesia makes it necessary for the state and society to provide protection and support to victims. The Witness and Victim Protection Agency (LPSK) is one of the important institutions responsible for protecting witnesses and victims. One of the human rights violations is sexual violence against children, which has a major impact on the psychological and social development of victims. The increasing number of cases of sexual violence against children in Indonesia makes it necessary for the state and society to provide protection and support to victims. The Witness and Victim Protection Agency (LPSK) is one of the important institutions responsible for protecting witnesses and victims. Despite this, LPSK faces many problems when carrying out its duties. These include budgetary issues, human resources, and cooperating with other related institutions. The purpose of this research is to discover the role of LPSK and how effective they are in assisting child victims of sexual violence.
The Urgency of Law Enforcement Relating to Criminal Acts of Sexual Violence in Public Transportation Mode Lintang Ayu Saraswati; Bambang Waluyo
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.v5i2.1028

Abstract

The objective of this paper is to inspect the lawful prosecution of sexual assault in public tr?nsport?tion and the application of the Sexual Violence Offenses Act to prosecute sexual assault in public tr?nsport?tion. The form of research is executed using normative juridical by applying the method of statutory and legal conceptual approach. The result reveals the enforcement of sexual assault law in the public transportation could be implemented by using the Criminal Code and the Sexual Violence Offenses Act. Nevertheless, the Sexual Violence Offenses Act will be able provide legal protection and eliminate the feeling of inequality experienced by victims of sexual assault inside the public transportation mode.
Legal Responsibility of the Regional Supervisory Council of Notaries for Sanctioning a Written Reprimand to a Notary Contrary to the Norms of Article 53 Paragraph (2) of the Law on State Administrative Courts Eka Aprilia; 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.v5i1.1036

Abstract

This research aims to determine the legal responsibility of the notary regional supervisory board which has given a written warning sanction to the notary which is contrary to the norms of Article 53 paragraph (2) of the PTUN Law and to find out the legal remedies that the notary can take against the decision of the notary regional supervisory board which has been stated wrong by the PTUN according to Notarial Legal Perception. The research method used is normative juridical legal research. The results of the research show that the legal responsibility of the Notary MPW in giving written warning sanctions to notaries must be carried out carefully and under provisions aimed at maintaining the integrity of the notary profession, protecting the rights of notaries, and ensuring that the supervision process is carried out objectively and transparent. Notaries disadvantaged by MPW decisions declared wrong by the PTUN have several legal routes that can be taken to defend their rights. This step includes filing an appeal, a civil lawsuit, and efforts to rehabilitate the good name. Notaries need to follow proper legal procedures and obtain adequate legal advice to optimize the chances of success in their legal efforts. This legal route reflects justice and protection of notary rights in the notarial legal system in Indonesia
Legal Liability of Ex-Directors for the Management of the Company During the term of Office Period Has Ended Pande Putu Indahyani Lestari; I Gede Agus Kurniawan
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.v5i2.1042

Abstract

This research aims to analyze the legal responsibility of former Directors for the management of the Company which was carried out when the term of office of the Directors and Board of Commissioners had ended before the re-appointment GMS was held. In this case, the Board of Directors is the organ of the Company which is fully responsible for the management of the Company and represents the Company both inside and outside the Court. Directors whose term of office ends do not automatically continue their position as before, except by re-appointment based on a GMS decision. So that the management carried out after the term of office ends may conflict with the law and the Company's articles of association. The approaches used are the statutory approach and the case approach. The results of legal actions carried out by former Directors while continuing to manage and represent the Company are illegal actions and can be held personally responsible. However, if it can be proven that the management actions are carried out in good faith for the sake of the law and provide good benefits for the Company and all of the Company's stakeholders, then based on the authority possessed by UUPT and the Company's articles of association, the GMS can decide to make all legal actions in the form of management. What is done by the former Director becomes a legal act and the Company's responsibility, so that the former Director is free from personal responsibility.
Intellectual Property Rights Guarantee: Roles and Challenges for Notaries Niken Eka Marthasari
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.v5i2.1043

Abstract

Exclusive rights in intellectual property as intangible movable objects can be used as objects of fiduciary collateral based on statutory regulations, although positive law has regulated that IPR can be used as collateral, in practice it is still not widely implemented, because of the incomplete legal certainty regarding the assessment mechanism,  limited time period for IPR apprentices, as well as further regulations regarding the execution of guarantees in the event of breach of contract or default.  The role of a notary is very important as a general official who makes fiduciary guarantee deeds, of course it is a challenge for notaries to be able to understand the implementation of fiduciary guarantees in the form of IPR.  This writing aims to find out more about the systematics of fiduciary guarantee deeds with IPR objects, as well as the role and challenges of notaries as makers of fiduciary guarantee deeds with IPR objects.  The method used is doctrinal or normative research, with an approach to positive legal regulations. This research is explanatory, which aims to test theories and hypotheses related to the application of IPR as fiduciary collateral

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