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Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
Kota tangerang selatan,
Banten
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,
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.
Articles 1,054 Documents
Legal Policy Model for Handling Violence Among Youth Motorcycle Gangs in Lhokseumawe City Sari Yulis; Muhammad Rudi Syahputra; Muksalmina; Thoriq Dwiansah
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.v5i2.1103

Abstract

Criminal acts committed by youth motorcycle gangs have become a serious concern in many cities across Indonesia, including Lhokseumawe. Over recent years, Lhokseumawe has faced numerous criminal cases linked to these gangs, such as brawls, slashings, and muggings that disrupt public safety and road users. Despite various measures implemented by the Lhokseumawe City Government and Forkompimda, including curfews and night raids by Satpol PP, WH, and the Police, these efforts have yielded limited results. Many apprehended gang members repeatedly return to criminal activities, highlighting the ineffectiveness of current strategies. A new policy model is urgently needed to address this issue and ensure community safety. This research aims to propose a new preventive policy for the Lhokseumawe City Government. Using an empirical juridical method with a qualitative approach, the study examines field data and existing regulations. Laws governing juvenile involvement in motorcycle gangs include the 1945 Constitution, the Criminal Code, and laws on child protection and juvenile justice. Key factors driving gang involvement include lack of parental guidance, negative social environments, and restricted educational opportunities. Effective handling requires a dual approach: prevention through education, patrols, and social outreach, alongside repressive and rehabilitative measures to help reintegrate affected youth into society.
Criminal Accountability for Fraud Committed by Intermediaries in the Civil Servant Recruitment Process in Palangka Raya City Jhodi Suprianto; Andika Wijaya; Ronaldi
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.v5i2.1111

Abstract

This study examines the efforts of the Palangka Raya Police in preventing and addressing fraudulent practices by intermediaries (brokers) in the Civil Servant (CPNS) recruitment process. The investigation, conducted by the Criminal Investigation Directorate of the Central Kalimantan Police, highlights the critical role of law enforcement in ensuring justice. The study discusses both preventive and repressive measures employed by the police to tackle CPNS fraud. Preventive efforts include educating the public and enhancing supervision of the recruitment process, while repressive measures involve addressing reported fraud cases through a firm legal approach. The study also explores the application of Article 378 of the Indonesian Penal Code (KUHP) in handling CPNS fraud cases, emphasizing the importance of a transparent legal framework and the commitment of law enforcement to effectively combat such crimes. Through this analysis, the study underscores the significance of both legal measures and public awareness in combating fraud and ensuring a fair recruitment process for prospective civil servants.
Analysis of the Judge's Considerations Rejecting Applications for the Court Order of Guardianship And Permission to Sell Land Rights Owned by Minors And the Legal Implications Regarding Deeds of Sale And Purchase by PPAT (Study of the Court Order of the Sangatta District Court Number: 13/Pdt.P/2023/PN.Sgt) Arini Prasetiyowati
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.v5i2.1121

Abstract

The purpose of this research is to find out the judge’s considerations in rejecting the application for guardianship and permission to sell land rights belonging to a minor child by his biological mother in the Court Order of the Sangatta District Court Number 13/Pdt.P/2023/PN.Sgt. The methodology is doctrinal research, by relating the main research problem with legal theory, legislation, and court precedence relating to guardianship of minors and permission to sell. This research was analyzed using an empirical juridical approach, by analyzing the legal material and then examining the results of the analysis with interviews. The researcher attemped to providing a perspective and solution to the problem raised. The results showed that the judge rejected the application with the consideration that the living parent automatically exercises parental authority and is free to take legal action on behalf of their children both before and outside the court without applying a guardianship application. The impact of the decision can be interpreted that the applicant can carry out the legal actions, including signing a deed of sale and purchase of the inherited land without a guardianship court order or permission to sell from the court. This creates legal uncertainty and confusion in the process of making a deed of sell and purchase by the Land Titles Registrar (PPAT). A sale and purchase deed made without a guardianship court order and permission from the court or a deed made on the basis of a judge’s consideration as in the court order decision, the registration process would be declined by the Land Registry Office. For similar cases that may occur in the future, it will open up the possibility of parents arbitrarily exercising parental authority because there is no supervision by judge in the form of Court Order of Guardianship and permission to sell Land Rights belonging to minors
The Responsibilities of Electronic Catalog System Providers for the Quality and Pricing of Goods/Services in Government Procurement Sudarsono
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.v5i2.1136

Abstract

This study aims to identify, understand, and analyze the regulations governing electronic catalog system providers concerning the quality and pricing of goods/services in government procurement, as well as to determine the form of responsibility of electronic catalog system providers for the quality and pricing of goods/services in government procurement. The method used in this study is a normative juridical research method with a legislative approach and a legal concept analysis approach. The results of the study indicate that the regulation of electronic catalog system providers regarding the quality and pricing of goods/services in government procurement is governed by the Regulation of the National Public Procurement Agency (LKPP) Number 9 of 2021 on Online Stores and Electronic Catalogs in Government Procurement, which was further refined by the Decision of the Head of the National Public Procurement Agency of the Republic of Indonesia Number 122 of 2022, dated April 1, 2022. This regulation provides a more detailed explanation of the process for listing a product/commodity in the electronic catalog. The form of responsibility of electronic catalog system providers for discrepancies in the quality and pricing of goods/services in government procurement is that catalog providers are held accountable for any consequences arising from the low quality of products used by Ministries/Agencies/Local Governments. Therefore, if there is a difference between the quality and price listed in the electronic catalog and the actual product, the electronic catalog provider is responsible for compensating the losses incurred by the procuring party.
Public Consultation Regulations on Land Acquisition for Toll Roads for Public Interests in the Perspective of Law Number 2 of 2012 Senia Dwi Astuti; Diyan Isnaeni
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.v5i2.1137

Abstract

Public Consultation serves as a mechanism to gather the thoughts, ambitions, and concerns of the community pertaining to land acquisition projects. In the realm of land purchase for public interest, Public Consultation is not merely a formality; it is a crucial step for enhancing decision-making, fostering public engagement, and establishing a robust foundation for sustainable development. The concept of public interest in land acquisition for toll roads, as delineated in Law No. 2 of 2012 regarding Land Acquisition for Development in the Public Interest, indicates that such acquisition is categorized under Article 10, letter b, which classifies toll roads as a form of land acquisition serving the public interest. This is substantiated by the Constitutional Court Decision; furthermore, property acquisition for toll highways satisfies the criteria for the concept of interest outlined in Article 6, specifically for the interests of the nation, state, and society, regardless of whether it is publicly communicated to the community.
Legal Responsibility of Orthopedic Physicians Towards the Authority to Assess Disability and Assess Return to Work in Workers with Extremity Disabilities Due to Work Accidents Henry Ricardo Handoyo; Mokhamad Khoirul Huda
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.v5i2.1139

Abstract

This study analyzes the legal responsibility of orthopedic doctors in assessing disability and return to work fitness for workers with limb disabilities due to work accidents. The focus of this study includes aspects of legal regulation, medical ethics standards, and the legal implications of negligence in assessment practices. The analysis was conducted based on Article 46 of Law No. 44 of 2009 concerning Hospitals and the principle of vicarious liability, which highlights the importance of hospital responsibility for the actions of doctors operating under their supervision. This aims to protect patients and minimize the risk of litigation. The method used in this study is normative juridical with a descriptive-analytical approach. This study emphasizes the importance of clear communication and comprehensive documentation in medical practice as part of efforts to prevent negligence. The results of the study indicate that the application of strict professional standards and ongoing training can strengthen legal protection for orthopedic doctors. In addition, this also has the potential to increase patient trust in medical practice. Thus, this study contributes to the understanding of legal and ethical responsibility in the context of treating patients with disabilities due to work accidents.
Roles of Law on Medical Records for Data and Information Security: A Systematic Literature Review Ida Bagus Udayana Hanggara; Tuty Kuswardhani; I Gusti Agung Gede Utara Hartawan
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.v5i2.1141

Abstract

Electronic medical records must adhere to the principles of data and information security, which include availability, integrity, and confidentiality. Medical records serve as legitimate legal evidence, thereby satisfying these principles both individually and institutionally. Consequently, the aim of this research is to explore the roles of law on medical records for data and information security. To achieve this aim, a systematic literature review (SLR) was employed. The Scopus and PubMed databases were chosen for their global recognition. Full-text articles from these databases were subjected to PRISMA analysis using Mendeley Reference Manager. The researchers collected 32 research articles by the categories of data protection law, medical records' law enforcement, and data protection law recommendation. The research findings indicate that the roles of law deal with the role of law in compliance and data protection, law enforcement and sanctions, a recommendation for improving compliance and data protection. In addition, the law is crucial for ensuring compliance and data protection in electronic medical records implementation in hospitals. However, compliance levels have not reached optimal levels. To improve security, awareness, and enforcement, collaboration with legal bodies, and educational initiatives are needed. Legislation like HIPAA and GDPR influence data protection measures, but penalties are insufficient. To enhance compliance, medical personnel should undergo rigorous training and improve oversight of health data management procedures
Legal Protection Against Tobacco Smoke Harmful Effects on Children David Anggara Putra; Mulyanto
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.v5i2.1147

Abstract

Tobacco smoking is harmful either for smokers or second-hand smokers. Indonesia is the country with the third highest number of smokers in the world and the largest number of smokers in Southeast Asia. Active smokers in Indonesia estimated to reach 70 million people. Of that number, 7.4% are children aged 10-18 years. The aims of this research are to examine the legal protection of children from the dangers of tobacco smoke and also examine the role of the government in protecting children from the dangers of tobacco smoke. The research method used is normative research. Normative legal research is conducted using a variety of primary legal materials, which are in the form of statutory regulations, as well as secondary legal materials. In Indonesia, a number of legal regulations focus on protecting children from the negative effects of smoking, both directly and indirectly. Some of these regulations include: Law number 35 of 2014 concerning Child Protection, Law number 17 of 2023 concerning Health, Government Regulation number 109 of 2012 concerning Safeguarding of Materials Containing Addictive Substances in the Form of Tobacco Products for Health, Regional Regulations on Non-Smoking Areas (KTR)
Transfer of Rights to Land And Buildings with A Binding Sale And Purchase Agreement Reviewed From SEMA No 4 of 2016 Renny Yuliyanti; Fitria Dewi Navisa
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.v5i2.1149

Abstract

The transfer of land and/or building rights through a sale and purchase agreement, as stipulated in the Circular Letter of the Supreme Court Number 4 of 2016, is valid without necessitating a deed of sale and purchase, in accordance with Article 1338 of the Civil Code, while the deed constitutes an authentic deed per Article 1868 of the Civil Code. Nonetheless, it does not ensure that the conveyance of land rights to another individual may be substantiated unless the transfer is executed in accordance with Article 1459 of the Civil Code; a PPJB prior to an AJB is permissible provided that the required requirements in the regulation are satisfied. The legal protection acquired by the parties in the transfer of land and/or building rights through PPJB is preventive in nature. This is achieved by including specific clauses in the PPJB that ensure legal protection for the parties involved, thereby facilitating realization and safeguarding their interests. Repressive legal protection for the parties can be addressed by alternatives to judicial and court institutions
The Implementation of Spiritual Rehabilitation Programs at Pangkalpinang Class IIA Correctional Institution Therie Munadi; Muhamad Adystia Sunggara
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.v5i2.1151

Abstract

This study investigates the implementation and challenges of spiritual guidance programs within the Pangkalpinang Class IIA Correctional Institution, as outlined in Law Number 22 of 2022 on Penitentiaries. Using a mixed juridical and empirical approach, including interviews and observations, the research analyzes various aspects of spiritual guidance, identifies prevailing challenges, and proposes strategies to improve program effectiveness. The findings reveal significant efforts in providing religious facilities and spiritual guidance, yet challenges persist, such as low inmate participation and a shortage of specialized personnel in spiritual guidance. To address these issues, collaboration with the Ministry of Religious Affairs of the Bangka Belitung Islands Province is proposed to enhance program quality. The study concludes that fostering inter-institutional cooperation is crucial to ensuring the fulfillment of inmates' religious rights and facilitating their rehabilitation and reintegration into society.

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