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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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Validity of the Collective Agreement in Terminating a Fixed Term Employment Agreement According to Labor Law Michele Fedryca; 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.v5i1.1071

Abstract

The termination of a fixed-term employment agreement (PKWT) is regulated by applicable laws and regulations, including but not limited to the Employment Law. A PKWT can automatically terminate upon the expiration of the agreed-upon term, or it may also be terminated prior to the specified time if there are valid reasons, such as a breach of contractual provisions, force majeure circumstances, or mutual agreement between the parties. The termination procedure must be carried out in accordance with the provisions written in the agreement, with written notice provided to the other party within a sufficient timeframe for that party to make necessary preparations. Employees are entitled to receive all rights stipulated in the agreement, including but not limited to salary, benefits, and other entitlements, until the last day of employment. Conversely, the employer is obligated to provide valid and clear evidence of termination to avoid disputes in the future. If the termination is conducted in a manner that does not comply with the procedure or without a justifiable reason, the employee has the right to file a lawsuit to claim their entitlements. Therefore, it is essential for both parties to understand and adhere to the provisions contained in the employment agreement and to ensure that there are clear clauses regarding the conditions and procedures for terminating the agreement.
Analysis of Government Management Transformation: Case Study of Position Equalization Program in the Melawi Regency Government Nurkhamdi; Samugyo Ibnu Redjo; Neneng Yani Yuningsih
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.v5i2.1074

Abstract

The Indonesian government implements a policy of equalizing position as a simplification of bureaucracy. The policy is seen as the transformation of government management with complex challenges. This article aims to analyze the important aspects of the transformation of government management in equalizing positions in Melawi Regency in 2021-2024. Data is collected from important officials who sit in government and members of parliament, without ignoring the opinions of the public. The results show that (a) reframing aspect is considered good enough in the "Achieve Mobilization" element and needs an increase in the "Creating Vision" and "Build a Measurement System" elements by re-frame programs and fulfillment of performance targets, (b) restructuring aspect in implementation element of "Construction an Economic Model" and "Redesigning The Work Architecture" is good enough and needs an increase in the element of "Configuring the Physical Infrastructure" by immediately forming a public service mall, (c) revitalization aspect is good enough from the three elements described, and (d) renewal aspect is good in the "Create a Reward System" and "Developing The Organization" elements, so it only needs to be improved in "Building Individual Learning" element by adding competency development to the equivalent functional position to improve existing services.
Legal Study of Nominee Agreements in Villa Business Management: Perspectives of Decision No. 129/Pdt.G/2021/PN. Amp Elvira Triana Putri; Surahmad
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.v5i2.1075

Abstract

In Indonesia, foreigners' land ownership is restricted by law. However, in practice, some foreigners legally own Indonesian land through a nominee agreement. This study aims to find out the importance of understanding legal protection for the parties involved in the nominee agreement, as well as the judge's considerations in deciding the case of villa business management with a nominee agreement in Decision No. 129/Pdt.G/2021/PN. Amp. The research method used is normative juridical which involves the analysis of regulations and cases related to land ownership by foreigners through nominee agreements, and through literature studies and data access through journals, as well as the Internet. The results of this study show that the form of protection for the parties involved in the nominee agreement is that the interests of the parties can be protected if there is a basis to prove when negligence occurs as a result of a legally made agreement. Then the judge's consideration in Decision No.129/Pdt.G/PN. Amp is indeed in accordance with the provisions applicable in Indonesia, but there is still a void regarding the regulation of ownership of land and buildings on it which if not regulated in the decision will have the potential to cause illegal control by foreign citizens.
Legal Protection of Processed “Nasi Kapau” Products are Linked to Intellectual Property Rights (Study at Nagari Kapau, Agam Regency) Ulfanora Utama; Tasman
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.v5i2.1077

Abstract

West Sumatra is a province that has undoubted delicious cuisine that has gone global and is known as Minangkabau cuisine. One of the famous Minangkabau dishes is Nasi Kapau. Nasi Kapau is a traditional dish originating from Nagari Kapau and has special processed products that are different from dishes in the Minangkabau realm. In Law Number 20 of 2016 concerning Brands, the role of Brands and Geographical Indications is very important, especially in maintaining healthy, fair business competition, protecting consumers, as well as protecting Micro, Small and Medium Enterprises and domestic industry. In fact, there are already several Nasi Kapau dishes that have been registered with the Ministry of Law and Human Rights, such as Nasi Kapau Uni Lis.  The potential for not carrying out an inventory or recording it will give rise to legal problems, namely legal disputes. Various cases that have occurred bothclaim"The ownership of intellectual property by other people or other countries causes cultural losses and even loss of commercial value. The results of this research explain that First, Registration of the trademark on Nasi Kapau is an effort to avoid recognition by other countries which violates the ownership of the owner of the processed product. Second, Registration of the Kapau rice brand as a form of preservation carried out by the Nagari Kapau community for the advancement of Minangkabau culture in Indonesia. Third, The government encourages the public to register processed products in the form of kapau rice through individual brands and communal brands in the form of nasi Padang licenses. It is advisable for the people of Nagari Kapau to register their processed Kapau rice products in the form of a patent as a form of intellectual property rights protection in the form of appreciating their work for the sake of community welfare and a healthy business climate.
Juridical Analysis of Legal Protection for Creditors on Mortgage Rights Canceled by Decision Cassy Mercylia Tahir; Sriwati; Dinda Silviana Putri
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.v5i2.1078

Abstract

Mortgage is a guarantee in providing credit facilities and aims to protect the interests of creditors and debtors. The creditor can execute the object of Mortgage collateral if the debtor defaults. However, if the object of collateral experiences a dispute and the transfer of rights is canceled by a Court Decision, what are the legal consequences. The research method used is to use normative research that uses primary legal sources consisting of laws and regulations, legal principles, legal principles and legal doctrines on legal systematics related to answering problems in the subject of writing. From the results of the analysis and discussion that Bank BTN Persero is a good faith creditor in granting credit, and has been in accordance with standard operating procedures, and has not violated the laws and regulations, canceled Mortgage Rights by Court Decision does not cause the Debtor's debt to be canceled, the Creditor can take legal action for Wrongful Acts to request compensation for the actions that have been caused and request other assets / assets in exchange for Mortgage Rights that have been canceled previously by Court Decision.
The Divorcement Family Career in the Religious Court in the Region of the Bandung High Court of Religion with its Relationship Articles 33-34 in Law of the Republic of Indonesia Number 1 of 1974 Marriage Muhammad Sopiyan; Tajul Arifin; Muhammad Saran
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.v5i1.1081

Abstract

Articles 33-34 of Law Number 1 of 1974 concerning Marriage state that the husband is obliged to provide for the family while the wife must help with household affairs. However, many wives have careers outside the home, so the intended article is not implemented properly, eventually leading to marital disputes that end in divorce. Against the background of this problem, four questions were asked, namely (1) what are the factors that cause divorce in career families in the decision of the Religious Court in the Bandung Religious High Court; (2) how does the panel of judges consider in deciding a career family divorce in the religious court of the Bandung PTA area; (3) how to implement Articles 33-34 of the Marriage Law based on the Decision of the Religious Court in the Bandung PTA Region among career families; and (4) how is the development of the concept of a harmonious family in the career family related to the implementation of articles 33-34 in Law Number 1 of 1974 on Marriage? The usefulness of this research is academically to develop family law studies, while practically adding new insights and findings in divorce issues that are useful for society educational.
Analysis of Political Education Programmes on the Quality of Voter Participation in the 2024 General Election Noprianto; Sastro M. Wantu; Lucyane Djaafar
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.v5i2.1084

Abstract

This study aims to analyse political education programs and their impact on the level of voter participation in the 2024 General Election in Banggai Regency. Using a qualitative method with a case study approach, data was collected through observation, interviews, and documentation. Primary data was obtained from the General Election Commission, Election Supervisory Agency, political parties, National and Political Unity, and voters in Banggai Regency. Secondary data was obtained from journals, books, and reports on the implementation of the 2024 elections. The results showed that political education programs such as voter education socialisation. The results of this programme have implications for voter participation, which is reflected in the increase in turnout in the 2024 elections to 80.83%, compared to 79.47% in the 2019 elections. Nonetheless, several factors such as voters' limited cognitive, affective and evaluative abilities, as well as limited access to information and economic instability, proved to be obstacles affecting political participation. This study recommends that election administrators improve the effectiveness of political education programmes by actively involving voters in these programmes, in order to encourage more optimal participation.
Transfer of Ownership Rights on House Sale With Installment Method (Case Study of Bekasi District Court Decision Number 124/Pdt.G/2020/PN Bks) Diva Salsabila Ferdiansyah; 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.v5i2.1098

Abstract

Land is a vital natural resource for human life, necessitating adequate legal protection regarding land rights. One mechanism for transferring land rights is through the Sale and Purchase Binding Agreement (PPJB), often used in property transactions such as houses or other real estate. However, in practice, legal issues frequently arise regarding buyer protection, particularly in cases of default. This study aims to analyse the acquisition of ownership rights in house sale and purchase transactions, as exemplified by the Bekasi District Court Decision Number 124/Pdt.G/2020/Pn Bks. Using a normative juridical method with statute approach and case approach, this research examines relevant regulations and their application to the transfer of rights in property transactions. The findings reveal that the court's considerations in this case were inconsistent with Article 22L Paragraph (4) of Government Regulation No. 12 of 2021. Therefore, more equitable legal protection is necessary, referring to the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), to ensure optimal protection for all parties involved in property sale and purchase transactions.
Analysis of the Judgment of the Judge in the Settlement of Default Agreement Debts (Case Study Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) Shafaa Alaadini Yuan; Gunawan Djajaputra
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.v5i2.1105

Abstract

Analysis of Judges' Considerations in Settling Defaults in Debt Agreement (Case Study of Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) aims to examine how judges assess default cases and reflect relevant civil law principles. This research uses a normative legal method with a statutory approach. The results showed that in the decision, the judge considered the authentic deed of acknowledgment of debt made by the defendant as valid evidence of the agreement between the plaintiff and the defendant. Although the defendant acknowledged the debt, the judge found that the defendant did not fulfill its obligation to pay, which was considered a default. The judge also emphasized the importance of good faith in the execution of the agreement, asserting that the collateral in the form of land certificates provided by the defendant did not change the fact that the obligation had not been fulfilled. Finally, the judge granted the plaintiff's claim, affirming the protection of violated rights and demonstrating a commitment to upholding justice in the legal system. This decision reflects the application of fundamental civil law principles, emphasizing the importance of authentic deeds, the definition of default, and the need to comply with agreed obligations. Through careful analysis of evidence and enforcement of creditors' rights, this decision not only resolves the dispute but also educates the public on civil law, encouraging integrity and compliance in transactions
Legal Review of Land Certificates Affected by Forest Areas in Indonesia Marisyah Taher; Gunawan Djajaputra
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.v5i2.1106

Abstract

This research examines the legal review of land certificates affected by forest areas according to the Indonesian Basic Agrarian Law (UUPA) and its implications within forest regions. Under the UUPA, land encompasses not only the surface but also the subsoil, establishing legal relationships between individuals or legal entities and the land, which results in specific legal statuses. The UUPA regulates land rights, including permanent rights, statutory rights, and temporary rights. Land registration is mandated to ensure legal certainty for rights holders and to provide protection by issuing valid certificates. These certificates serve as strong evidence of ownership, though they can be annulled if administrative or material errors are found. In the context of forest areas, land regulation becomes more complex. Forest areas, as stipulated by the Forestry Law, require protection and must be exempt from individual or corporate rights, as such rights can threaten the sustainability of forest ecosystems. To address land ownership conflicts within forest regions, the government has issued Presidential Regulations that govern the processes for managing, organizing, and resolving disputes in forest areas through various mechanisms, including social forestry programs. Agrarian reform is also implemented through land redistribution to promote welfare and equity. However, despite regulations governing certificates within forest areas, no specific policy exists regarding the annulment of certificates in these zones. Annulment is needed as a legal remedy for ownership disputes that may arise due to administrative defects or illegality

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