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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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Analysis of Copyright Implementation and Challenges in Photography in the Digital Era in Indonesia Mochamad Habiibi; Dr. R. Rahaditya, SH.,MH
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.v5i2.1163

Abstract

The enforcement of copyright law against photography infringements in Indonesia faces several challenges in the digital age. Although Law Number 28 of 2014 on Copyright provides clear legal protection for photographic works, effective law enforcement is often hindered by the lack of legal awareness among the public, limited surveillance of works spread across the internet, and the use of new technologies that facilitate copyright violations. This study aims to examine the effectiveness of law enforcement against copyright infringements on photography in Indonesia and identify the key challenges faced by photographers in protecting their copyrights in the digital era. Strategic steps involving the government, law enforcement agencies, and the private sector are needed to raise legal awareness and strengthen the law enforcement system in addressing the increasingly complex photography copyright violations.
Personal Data Protection for Online Job Seekers in the Mode of Freelance Job Vacancy Fraud Ela Suryani; 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.v5i2.1171

Abstract

Digitalization has brought convenience in job search, but it also raises the risk of misuse of personal data, especially through the fraudulent mode of freelance job vacancies. This research aims to analyze the legal responsibility of digital platforms in protecting users' personal data as well as the implementation of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) in handling cybercrime cases. The research method used is qualitative descriptive, with a literature study approach to relevant regulations and cases that occur. The results of the study show that digital platforms have an obligation to ensure the security of user data, including by implementing a verification system and preventing data leaks. The PDP Law provides a strong legal basis in protecting the rights of personal data owners, but its implementation still requires increased public awareness and stricter supervision.
A Review of Labor Law in Addressing the Threats of Termination of Employment Relations in the Era of Artificial Intelligence Technology Disruption Evaline Suhunan Purba; Wilma Silalahi
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.v5i2.1172

Abstract

Artificial Intelligence is a concept related to the development of technology in the 4.0 era and society 5.0. The presence of Artificial Intelligence in people's lives provides significant changes to people's lives. The use of artificial intelligence is so popular that it has been widely used by all circles of society. The presence of artificial intelligence is considered to provide many benefits to society, but the existence of artificial intelligence also brings changes in the field of labor because it causes a reduction in labor in various fields. With the reduction of workers, it will increase the number of unemployed. This research suggests that labor law must provide protection for workers' rights in the current digital era.
The Legal Consequences of Passing Off Actions Involving the Registered Well-Known Trademark of Hugo Boss vs Anthony Tan Made Aubrey Josephine Angelina; Ariawan Gunadi
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.v5i2.1173

Abstract

A trademark, as part of Intellectual Property Rights, is an important element for business operators to differentiate their products from those of other business operators. Passing off is one of the most common forms of trademark infringement, occurring when a business imitates a well-known trademark identically to create confusion among consumers. Famous brands have a high reputation and a good image in society, but the protection against passing off for famous brands is still lacking. In Law Number 20 of 2016 concerning Trademarks and Geographical Indications, there is still no clear regulation regarding the passing off of well-known trademarks, resulting in legal uncertainty for the original well-known trademark owners. As a result, violations of well-known brands frequently occur, driven by economic factors and societal stereotypes that view well-known brands as symbols of social status.
Implementation of Government Policy Through Complete Systematic Land Registration in the Context of Accelerating Certificate Services in Indonesia Suwari Raturandang; Tjempaka
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.v5i2.1204

Abstract

The increasing population and need for land in Indonesia has made legal certainty over land very important. Many people own land but do not have official certificates, which leads to legal uncertainty and potential land disputes. The purpose of this study is to analyze the implementation of the PTSL policy, the challenges faced, and the expected impact of accelerating land certificate services in Indonesia. This research uses a normative method with a statutory approach, relying on secondary data from various official sources such as government documents, books, research reports, and legal literature. The results show that PTSL is more effective than the previous policy, the National Agrarian Operations Project (PRONA), which was limited by budget and area coverage. PTSL has a more comprehensive approach by targeting all land parcels in one village, thus providing land certificates to more people. The program has improved legal certainty, reduced land disputes, and supported economic development by providing greater access to credit and investment. This demonstrates that government policy through PTSL can be an effective model for better, inclusive, transparent and equitable land governance, and contribute to improved community welfare and national economic development.
Legal Analysis of the Responsibility of Expedition Companies X to Service Users Goods that are Damaged or Lost During Stacking in the Stacking Field Richa Yohana Rusli Siahaan; Martono Anggusti; Jinner Sidauruk
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.v5i2.1278

Abstract

Sea transportation plays a very important role in international trade as one of the main components in the process of distributing goods. Nonetheless, the losses incurred in sea transportation activities are often greater than the losses caused by the transportation process itself, such as damage, shortages, and loss of goods that can occur during the process of unloading goods at the port by freight forwarding companies by sea. This study aims to analyze the limits of obligations and legal relationships between freight forwarding companies, carriers, and sea freight forwarding companies in the context of sea transportation activities. Using a normative legal research methodology, this study utilizes legal resources that include relevant laws and regulations as well as applicable court decisions, with a legislative approach and a case approach. The results of this study show that, first, the limitation on the responsibility of the expedition company regulated in Article 87 of the Commercial Code (KUHD), as well as the limitation of the carrier's liability regulated in Article 40 and Article 41 of Law Number 17 of 2008 concerning Shipping, unlawful acts under Article 1365 of the Civil Code, and the responsibility of the sea transportation expedition company in terms of providing convenience, licensing, supervision, and the implementation of order in sea transportation activities, as stipulated in Cassation Decision Number 2665 K/Pdt/2022 which corroborates the decision of the Medan District Court in case Number 728/Pdt.G/2016/PN.Mdn, is in accordance with and includes legal objectives which include legal certainty, justice, and benefits for all parties involved.
Implementation of the Principles of Legal Certainty and the Principles of Justice towards Tax Amnesty II Policy on Voluntary Tax Disclosure Ahmad Zumar Syafiq; Suparnyo
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.v5i2.1309

Abstract

This research is motivated by the existence of a voluntary tax disclosure policy that creates a gap that is considered unfair between individual taxpayers who are compliant and less compliant. Of course, this has an impact on discrimination and bias between one party for taxpayers. The purpose of this study is to determine the implementation of the principle of legal certainty and the principle of justice for individual taxpayers who participate in the voluntary disclosure programme at the Kudus Regency Tax Office. The research approach is non-doctrinal (socio-legal approach). The data used comes from interviews and documentation. The data is presented in the form of analytical descriptions. The results of the study indicate that the Tax Amnesty policy related to the Voluntary Tax Disclosure Program that has been held at the Kudus Regency Tax Office if analyzed using Hans Kelsen's theory in terms of legal certainty is appropriate, while the analysis of the aspect of justice in the theory of John Rawls and Gustaf Radbrch there is injustice for taxpayers and can cause discrimination. This article contributes to a deeper understanding of the voluntary disclosure programme by exploring the views of taxpayers from the perspective of taxpayers and analysing the implementation of the voluntary disclosure programme.
Domestic Violence by a Husband Against His Wife (Case Study of Decision Number 270/Pid.Sus/2022/PN Bnj) Karolus Kanefo Lafau; July Esther; Hisar 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.v5i2.1319

Abstract

Currently, women are the main victims of domestic violence throughout Indonesia. Domestic violence generally refers to acts such as verbal abuse, physical violence, coercion, and threats. Domestic violence has always been a concern in various sectors. Although considered very dangerous by the government, this crime continues to be committed in the general public. Domestic violence, especially the brutality of men against their wives, not only causes real torture, but also mental suffering. Therefore, victims of domestic violence must receive maximum legal protection. Basically, marriage is something sacred in society. Because of the bond of marriage between a man and a woman, the marriage is legally binding in the form of the rights and responsibilities of the husband towards his wife, and the obligations of the wife towards her husband. According to Law Number 1 of 1974 Article 1 concerning Marriage, marriage is a physical and spiritual union between a man and a woman as husband and wife with the aim of realizing a happy and eternal family based on faith in God Almighty. Domestic violence is any act that causes misfortune or physical, sexual, or mental suffering to a person, especially women. The regulation of domestic violence is regulated in Law Number 23 concerning the Elimination of Domestic Violence.
Digitalization as a Concept for Prevention of Criminal Acts of Corruption in Indonesia Against Vulnerability in Innovation Implementation at the Regional Level Ismail, Audaraziq; Mutiara Nelson, Febby; Wibowo, Basuki Rekso; Riyanta, Stanislaus
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1104

Abstract

This investigation aims to explore digitalization as a tool to prevent corruption at the local government level in Indonesia. A normative legal approach was used in this investigation, which analyzed secondary data, such as laws, regulations, and academic studies. This study indicated that digitalization had the potential to reduce the vulnerability to corruption by increasing transparency, accountability, and integrity in local government governance. By integrating e-catalogs and local government information systems, the government can create a tighter oversight mechanism for procuring goods and services. Several limitations in implementation are still to be found, including differences in infrastructure and technological readiness in various regions, which hinder the effectiveness of implementing digital policies in preventing corruption. This study concludes that a comprehensive and consistent digitalization strategy across all regions is essential to strengthening law enforcement and reducing corruption in Indonesia.
Legal Analysis of Legal Protection for Children as Victims of Incest Criminal Act Faisal; Muhdar, Gamar; Weku, Robert Lengkong; Budiono, Arief
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1117

Abstract

Background: In society, children have a highly vulnerable position, as their physical and mental condition is not yet strong and mature. There have lately been many cases of crimes against morality which involve children, especially the crime of sexual violence, including incest. Objective: This paper aims to analyze: (1) the law on child victims of incest applied at the Ternate City Police Force and (2) the obstacles in applying the law to protect child victims of incest at the Ternate City Police Force. Methods: This research was classic doctrinal research which employed a statute approach and a library approach. To collect data in this study, the researchers employed literature and legislation studies. Results: It was found that efforts provided for victims of underage sexual intercourse and rape in the criminal justice system are implemented through preventive and repressive approaches carried out by both the community and the government. Perpetrators of incest rape are charged with 3 legal regulations, namely the Sexual Violence Crime Law, the Criminal Code, and the Child Protection Law. The existing obstacle is that not many people understand the process of handling incest cases which should be punished more severely than ordinary rape.

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