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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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Hospital Responsibility for Medical Records Leaked by Medical Personnel Without the Patient's Consent Margareth Cynthia Hutapea; Adi Bungaran Panjaitan; Sonya Airini Batubara; Jusnizar Sinaga
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.v5i1.1044

Abstract

 Health history is a file that contains important notes or documents that contain the patient's identity regarding examinations, treatment, actions and services that have been provided to the patient. Medical records have a major influence on the legal relationship between hospitals and patients. This research examines two things, namely legal regulations related to the management of hospital patient files and the responsibility of hospitals to disclose confidential medical records. The author's aim in conducting this research is to analyze the responsibility of hospitals, especially medical personnel, if there is a data leak from a patient's medical history. This type of research is normative legal research, with emphasis on the study of legislation and literature, analyzing and revising applicable legal norms as a basis for problem solving. The research results show that the legal provisions contained in Law NO 17 of 2023 concerning health, medical personnel can be prosecuted for negligence in health services, including divulging medical secrets. Regulated in Article 301 paragraph (2) of Law NO 17 of 2023 concerning Health, medical personnel can be held responsible for actions/deeds related to the implementation of Health Services including medical records which cause civil and criminal harm to patients.
The Principle of People's Sovereignty in the Presidential Appointment of the Head of the Nusantara Capital Authority Elvia Rahmawati; Miftakhul Huda; Ian Firstian Aldhi
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.v5i2.1046

Abstract

This study explores the appointment mechanism of the Head of the Nusantara Capital Authority (IKN Authority) and its implications for the principle of people's sovereignty as enshrined in the 1945 Constitution. The Indonesian state, structured as a unitary system with decentralized governance, grants certain regions special status, including the newly established Nusantara Capital. Unlike other regions with locally elected leaders, the Head of the IKN Authority is appointed directly by the President, reflecting an asymmetric decentralization model. The findings indicate that while the special appointment mechanism aims to streamline governance and ensure efficient leadership for the capital's development, it significantly limits local political representation and public participation. The study highlights that this mechanism contrasts with democratic principles outlined in the Constitution, where sovereignty is vested in the people and manifested through elections. The reliance on a merit-based appointment system underscores the need for professional leadership in managing the complex and multi-sectoral environment of the new capital. However, it also raises concerns about the diminishing role of public consent and local political engagement, which are vital to democratic governance. The study concludes that while the mechanism facilitates the capital's development, it simultaneously weakens democratic values by curbing the practical exercise of people's sovereignty at the local level.
Evidence of Girik Documentation in Land Acquisition Disputes (Study of Tangerang District Court Decision Number 907/Pdt. G/2018/PN Tng) Adhelia Puspa Rini; Atik Winanti
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.v5i2.1051

Abstract

This study focuses on the main issues including the proof of girik arrangement in land acquisition disputes. The purpose of this study is to determine how the judge's considerations regarding the status of girik arrangement on evidence of land ownership and the process of proving girik in land disputes in the Tangerang District Court Decision Number 907/Pdt. G/2018/PN Tng. The method used in this study uses a normative legal method with a case approach and a statue approach to analyze various appropriate problems. The findings state that the validity of the arrangement of girik C No. 157 plot 96D covering an area of 2980 m2 in the name of Margawi as proof of land ownership in the Tangerang District Court Decision Number 907/Pdt. G/2018/PN Tng is proven by the history of the land and must go through a land ownership verification process. Initially, girik land was ownership of customary land, so in carrying out girik proof, verification must be carried out by inspection by the local Land Office or the Village Head.
The Crawling Ban of the Labor Day Celebration in the Age of Indonesian Transition, 1966-1968 FX Domini BB Hera; Ari Sapto; Daya Negri Wijaya
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.v5i2.1053

Abstract

The dynamics of labor movements in Indonesia 1966 were shaped by the broader political and economic transformations that followed the 1965 coup attempt. The transition to Suharto's New Order regime brought about significant changes in labor relations, characterized by the suppression of independent unions and the prioritization of economic recovery over labor rights. This study used historical methods using archival primary sources and contemporaneous narratives. This research will reveal the dynamics of labor day in Indonesia in 1966-1988 as well as Indonesian politics in a historical perspective during. This research shows that Labor Day celebrations are embedded in Indonesian society. The new ruler did not easily erase the tradition of Labor Day celebrations. The abolition of Labor Day could happen after 2 years, which means 2 times the celebration was still held despite being under pressure. The celebration of Labor Day was eventually resumed illegally, but openly in 1995 (as a protest against the then regime). Post-authoritarian 1999 and since 2013, Labor Day has been declared a public national holiday by the Indonesian government.
Legal Certainty of the Use of Cryptocurrency as An Investment Instrument in Companies in Indonesia Christofel Adam Sitorus; Muthia Sakti
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.v5i2.1059

Abstract

This study examines the legal certainty of using cryptocurrency as an investment instrument in companies in Indonesia. Although cryptocurrency is not recognized as a legal means of payment, it has been acknowledged as a tradable commodity in futures exchanges. This research utilizes a normative legal approach to analyze existing regulations, challenges encountered, and legal protections available for investors. The findings indicate that despite significant profit potential, investors still face high risks due to price volatility, insufficient legal protections, and cybersecurity threats. It is crucial for the government to formulate more comprehensive and supportive regulations to protect investors and prevent misuse and illegal practices. Additionally, an extensive educational program is needed to enhance public understanding of the risks and benefits of investing in cryptocurrency. With adequate regulation and improved public awareness, cryptocurrency is expected to contribute positively to Indonesia’s digital economic growth. This study aims to contribute to the development of policies and regulations related to cryptocurrency in Indonesia and to encourage greater public participation in this investment ecosystem.
Legal Certainty for Companies That Unilaterally Terminate Employment Relations to Workers Aurelius Steven Beale; Rasji
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.v5i2.1060

Abstract

In this study, we have discussed legal certainty for companies in carrying out the process of unilateral termination of employment relations against workers. This study applies a normative juridical research method with the approach taken, namely the legislative and conceptual approaches. This study explains the procedure for legal termination of employment, as well as aspects of legal certainty, especially for companies, and also explains the impacts such as legal and economic impacts of termination disputes. The results of this study prove that there is legal certainty for companies that can be accepted based on compliance with the legal termination procedure, namely by bipartite negotiations, mediation, and fulfillment of legal requirements according to the reasons for termination. The company has the right to validate the reasons for termination of employment and has legal protection in the industrial relations court.
Moral Rights Protection of Music Creators' Reputation Under the Berne Convention 1886 Putri Khalisha Humaira Yusuf; Christine S.T Kansil, 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.v5i2.1064

Abstract

Berne Convention for the Protection of Literary and Artistic Works 1886 is one of the main pioneers regarding the protection of works as copyright internationally. The establishment of the agreement is intended to provide standardization for each state party internationally as an effort to protect every work in the world. One of the protection efforts is through moral rights attached to the creator or owner of the work who has the right of attribution to take ownership claims to a work and the right of integrity to prevent his work from being misused which can have an impact on his honor or reputation. Moral rights violations, especially in musical works, often occur in the world even though the economic rights have been transferred and also during major events such as presidential candidate campaigns. However, the application of law enforcement and sanctions provided by this agreement to perpetrators of moral rights violations are regulated in the domestic law of each state party through the harmonization of these regulations. The research method used is a normative juridical approach.
Legality and Safety Regulations of Electric Vehicle Batteries in Indonesia: Challenges and Implementation of National Standards Maria Natasha Rudijanto; Amad Sudiro
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.v5i2.1065

Abstract

This study examines the legality and safety regulatory aspects related to the use of electric vehicle batteries in Indonesia, especially focusing on the risk of fire due to the failure of lithium-ion batteries which are often used as the main energy source. With the increasing adoption of electric vehicles, Indonesia is faced with the challenge of setting safety standards that are able to keep up with the development of battery technology and meet consumer expectations and international standards. In this study, an analysis of government policies, harmonization of international regulations, and the importance of battery testing as a risk mitigation measure was carried out. Battery testing is a vital component to ensure the safety and reliability of electric vehicles, involving procedures such as thermal resistance tests, short-circuit protection, and mechanical integrity testing. By applying normative juridical methods through conceptual approaches, laws and regulations, and international case studies, this study aims to provide recommendations for improvement of battery safety regulations and procedures in Indonesia to support the creation of a safer and more sustainable transportation environment.
Legal Certainty of Fulfilment of Registered Trademark Rights Owned by the Company for the Similarity of Trademarks in Principal Anugrah Syahrial; Alfalah Naufal Yufianda; Hafiyyan Daffa Muhammad; Giovanni Akmal Firdausy
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.v5i2.1067

Abstract

The main function of a brand is to differentiate a company's products. A brand can create a reputation regarding quality, quantity and distinctiveness that is only owned by the party attached to the brand rights which are exclusively owned by the brand holder. However, it cannot be denied that later it was discovered that there were two brands that were fundamentally similar, causing disputes. The aim of this research is to explore the legal certainty of fulfilling a company's registered trademark rights for the existence of substantially similar brands by examining the concept of the element of "substantial similarity" in brands and efforts to overcome the existence of essentially similar brands. The research method used is normative juridical, with a statutory, legal conceptual and case approach. Data comes from secondary data, including primary legal materials, secondary legal materials and tertiary legal materials. Data analysis is descriptive analytical. The results of the research found that the concept of the element of "substantial similarity" in a brand has been regulated in statutory regulations, which shows that legal certainty has been sought. Efforts to overcome legal enforcement of trademark disputes based on similarities in essence which actually injure the actual rights of brand owners can be realized by standardizing law enforcement procedures, strengthening laws and regulations, supervision and outreach. Efforts to overcome this require synergy between the government, law enforcement, brand owners, and even the general public.
BPOM Supervision Negligence Review Results in Child Victims of Acute Kidney Failure Harry Sunyoto; Amad Sudiro
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.v5i2.1070

Abstract

In 2022, the Indonesian Pediatrician Association (IDAI) through the Ministry of Health conveyed to the public that there were 324 cases of atypical progressive acute kidney failure of unknown cause in children spread across 27 provinces in Indonesia. The method used in this study is the normative research method by collecting secondary data which is then analyzed qualitatively to obtain conclusions about the circulation of syrup drugs that cause acute kidney failure in children, which is certainly not in accordance with the provisions in the Health Law and also violates the guidelines for Good Manufacturing Practices. The form of legal responsibility that can be carried out by BPOM is to strengthen the pre-market and post-market supervision function of drugs in circulation and conduct independent drug tests. In addition, it is hoped that the government will immediately ratify the Drug and Food Supervision Bill to strengthen the supervisory function, authority and sanctions that can be imposed on BPOM if they are negligent.

Page 42 of 106 | Total Record : 1054

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