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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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Problematic Analysis of the Legal Policy of the Food Estate Program (Government Era 2020-2024) Rasji; Vera Tua Tobing
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.v5i2.1152

Abstract

Food estate development is a response to President Joko Widodo's 2020 warning of a crisis during the pandemic period to meet domestic food needs. The Ministry of Environment and Forestry issued Minister of Environment and Forestry Regulation No.24/2020 concerning the Provision of Forest Areas for Food Estate Development through the Ministry of Environment and Forestry, this regulation was later revoked and replaced by Permen LHK No.7 of 2021. The findings indicate that the food estate development policy conflicts with the principles of ecological justice, which advocate for harmonious coexistence between humans and nature. The food estate concept itself refers to the integrated development of food production, encompassing agriculture, plantations, and livestock over vast tracts of land. The perspective of the ecological justice theory approach suggests that forests need to be preserved not only because humans still need forests to meet their needs, but it is appropriate because humans are actually only one of the elements of the earth's large and complex ecosystem, and as humans who have morals need to respect the rights of non-human beings to coexist in harmony. Therefore, the existing set of regulations must consider the rights of other natural creatures including animals, forests, seas, mountains and other elements of the biospher.
Legal Analysis, Default in Land Sale and Purchase (Case Study of Decision Number 119/Pdt.G/2024/PN Palangkaraya and Its Implications for Consumer Protection) Frima Klin; Andika Wijaya; 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.v5i2.1157

Abstract

This study aims to analyze the application of civil law related to default in land sale and purchase through a case study of Decision No. 119/Pdt.G/2024/PN Palangkaraya. This study uses a normative legal method with a case study approach, where the primary data used are court decisions and secondary data in the form of laws and regulations and related legal literature. The main findings of this study indicate that the defendant has committed default by not fulfilling his obligations in changing the name of the Land Ownership Certificate, which resulted in losses for the plaintiff. The court decided to grant the plaintiff the right to take care of the name change independently, thus providing effective legal protection for consumers. The contribution of this study lies in an in-depth analysis of the implications of the decision on consumer protection in land sale and purchase transactions. This study enriches the discourse on consumer protection by highlighting the importance of strong law enforcement and simpler administrative procedures to prevent similar disputes in the future. In addition, this study provides a new perspective on the court's role in strengthening consumer legal protection in land disputes.
Implementation of Corporate Social Responsibility as a Legal Mandatory in Indonesia (Case Study of PT AFC Indonesia) Irfandy H Simanungkalit; Martono Anggusti; Ria Juliana Siregar
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.v5i2.1164

Abstract

This study examines PT AFC Indonesia and how companies should implement Corporate Social Responsibility (CSR) as a legal mandatory in Indonesia. Law No. 40 of 2007 regulates CSR as a moral responsibility. The purpose of this study is to evaluate how PT AFC Indonesia implements CSR and make recommendations for other companies. A qualitative method was used, which was used to analyze documents and interviews. The results show that PT AFC Indonesia improves the quality of life of the community through CSR programs that improve health services, clean water supply, and educational support. The conclusion is that this CSR implementation enhances the company's reputation and supports sustainable development in Indonesia.
Harmonization of Goods/Services Procurement Arrangements in Villages with the National Legal System: A Study on the Application of Professionalism Principles in Village Procurement Hermansyah
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.v5i2.1166

Abstract

Harmonizing village procurement regulations with the national legal system is an important need to create professional, transparent, and accountable governance. Procurement of goods and services in villages is regulated through regulations that provide flexibility according to local needs, but are not yet fully integrated with the national system that emphasizes competency standards, supervision, and principles of professionalism. This mismatch creates risks of maladministration, violations of the law, and uncertainty in the implementation of goods and services procurement in the village. This research aims to analyze the regulatory gaps and formulate harmonization measures. This research uses statutory and conceptual approaches to examine relevant legal rules and concepts of professionalism. The results show the need for a master regulation that integrates the procurement of goods and services in the village with the national system. Minimum standards of implementation, such as competency requirements for procurement actors, clearer monitoring mechanisms, and training and certification for village procurement actors, should be implemented to improve professionalism. In addition, the use of procurement agents can be a temporary solution for villages that lack human resources. This harmonization is expected to create legal certainty and efficiency, while supporting equitable village development without losing local flexibility.
Legal Analysis of Consumer Protection: Certainty Regarding Objections to Consumer Dispute Settlement Agency Arbitration Award David Prawira; R.M. Gatot P. Soemartono
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.v5i2.1170

Abstract

Consumer protection laws serve as a vital safeguard for citizens engaged in transactions involving products and services. The Consumer Dispute Settlement Agency plays an essential role in addressing consumer issues through arbitration, conciliation, or mediation. Among these methods, arbitration is particularly effective due to its final and binding nature. However, a significant limitation arises while Consumer Dispute Settlement Agency's arbitration decisions are deemed final and binding within the agency, they are subject to appeal in district courts, leading to complications in enforcement and legal uncertainty. This research aims to explore the implementation of consumer protection laws and the legal certainty surrounding the resolution of consumer disputes through Consumer Dispute Settlement Agency. Employing a normative research methodology, this study examines the challenges posed by appeals against Consumer Dispute Settlement Agency's arbitration decisions, particularly when the legal framework supporting these decisions becomes outdated or inadequate. To enhance legal certainty in consumer dispute resolution, a revision of the consumer protection law is necessary. Such revisions could streamline the arbitration process and reinforce the binding nature of Consumer Dispute Settlement Agency's decisions, ultimately strengthening consumer rights and ensuring more effective dispute resolution
Legal Remedies for Breach of Contract in Digital Service Agreements Reza Kurniawan Cahya Putra; 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.v5i2.1174

Abstract

This study examines the legal mechanisms for addressing breaches in service contracts in an increasingly complex digital era. It aims to identify legal challenges in digital transactions and provide relevant policy recommendations to enhance legal protections for digital service users. The research uses a qualitative method with a literature review as the data collection technique. The findings indicate that legal challenges in digital transactions are highly complex, especially in addressing breaches caused by technical factors, information asymmetry, and jurisdictional differences between countries. Digital contracts involving various parties from multiple locations require an adaptive and responsive legal approach to ensure user protection. Effective legal efforts include drafting clearer regulations on rights and obligations in digital contracts, implementing online dispute resolution (ODR) methods, enhancing service provider transparency, and fostering international collaboration for harmonizing digital contract law. With these policy recommendations, it is hoped that digital service users will receive adequate legal protection, creating a safe, fair, and trustworthy digital transaction environment.
Analysis of the Implementation of Joint Funding as an Alternative Financing in the Creative Economy Sector in Indonesia Natasya Bonita Oktaviana Manalu; Lastuti Abubakar; Tri Handayani; Dewi Kania Sugiharti
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.v5i2.1079

Abstract

This study analyzes the implementation of crowdfunding as an alternative financing option in Indonesia’s creative economy sector, highlighting its significant positive impact on sector growth. Crowdfunding provides broader access to capital for small and medium enterprises, enhances community engagement, and fosters innovation and product diversification. Through crowdfunding platforms, entrepreneurs can build a strong support community and introduce their creative ideas to a wider audience. Despite these benefits, the mechanism faces challenges, including a lack of understanding about crowdfunding, high competition, and regulatory uncertainty. Additionally, issues of transparency, uncertainty in achieving funding targets, as well as technological and psychological challenges must also be addressed. To maximize the benefits of crowdfunding, entrepreneurs are advised to prioritize transparency and prepare sustainability plans post-funding. Support in the form of education, training, and strengthened regulations is crucial to creating an inclusive and sustainable creative economy ecosystem. By overcoming these challenges, crowdfunding has the potential to be an effective tool for promoting innovation and growth in Indonesia’s creative economy sector, while empowering communities to actively contribute to value creation
Trademark Sales Study as Boedel Bankrupt by the Curator Aldy Wicaksono; Ahmad 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.v5i2.1085

Abstract

Trademarks are included in the Intellectual Property Rights (IPR) regime in Indonesia because trademark rights are always attached to economic rights. This study uses a normative method by collecting secondary data. Qualitative analysis was carried out on secondary data to obtain conclusions about the Nyonya Meneer brand as an intangible asset owned by PT Nyonya Meneer which is bankrupt based on the Commercial Court Decision. As a result of the law of PT Nyonya Meneer being bankrupt, the Curator carried out the settlement and management of the bankrupt estate including the Nyonya Meneer brand by auction through private sales with an appraisal value of Rp. 200 billion to Rp. 10.25 billion. It is hoped that the government will make a regulation related to the valuation regulations for IPR as well as regulations related to the transfer of IPR as bankrupt assets and create a special appraisal institution to provide legal certainty for the curator in carrying out his duties and authorities.
Legal Reform of Corporate Criminal Liability Model in the National Criminal Code Herlina Manullang; Martono Anggusti; Debora; Binsar Manogu Tua
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.v5i2.1089

Abstract

The National Criminal Code's Criminal Law Reform governs criminal offences perpetrated by, for, and on behalf of the Corporation. Concerning Article 48 of the National Criminal Code, the framework of corporate criminal liability has embraced three models: the Corporation as maker and responsible entity, management as maker and responsible party, and the Corporation as both maker and accountable entity. Simultaneously, imposing fines, supplementary punishments, and sanctions within the National Criminal Code exemplifies utilitarian philosophy, integrating distributive and commutative justice. The practical perspective assesses punishment based on its advantages or utility; in this instance, the punishment aims to deter corporations from engaging in similar actions in the future
Implementation of Affirmative Action to Protect Women's Political Rights in the Regional People's Representative Council (DPRD) of Indragiri Hilir Regency Muhammad Zulhidayat; Ferawati; Elmayanti
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.v5i2.1090

Abstract

Women's political rights are a centuries-long struggle. Women, who have often been considered second-class citizens, are struggling to gain the same rights as men in participating in political life. The struggle for women's political rights in Indonesia, including in Indragiri Hilir Regency, is an integral part of the history of the struggle for gender equality globally. Although there has been significant progress, there are still many challenges faced by women in accessing and exercising their political rights. Therefore, this research will discuss the urgency of women's political rights in the DPRD of Indragiri Hilir Regency in order to realise gender equality. Reasearch methods was Yudicial empiric methods. The results showed that women in the Regional People's Representative Council (DPRD) Indragiri Hilir Regency are very minimal, so this requires a new policy to provide space for women's representation in the Regional People's Representative Council (DPRD) Indragiri Hilir Regency. Although there is an increase in the number of women who occupy political positions, especially at the legislative level, the number of women's representation still does not reach the ideal target, as stated in Law Number 7 of 2017 concerning General Elections.

Page 45 of 106 | Total Record : 1054

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