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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 1,208 Documents
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Conceptualization of Grant of Justice Collaborator Status to Main Actors in Criminal Actions Sulastri, Lusia
Journal of Law, Politic and Humanities Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i2.186

Abstract

The concept is not the main actor in determining Justice collaborators reap debate. This is because Richard Eliezer in the Brigadier J murder case was the main executor, even though he was the only person who was ordered to do so, but his position was that they were both perpetrators, but in fact it was accepted by the panel of judges. This research is aimed at examining the conceptualization of granting justice collaborator status to the main actors in criminal acts and the authority to grant justice collaborator status to the main actors in criminal acts. The results of the study state that the conceptualization of granting justice collaborator status to the main actors in criminal acts leads from the subjective pendulum to the objective pendulum. This means that so far the determination has been based on the subject, namely the main actor. However, with the rejections of Justice collaborator witnesses previously determined by the KPK or Prosecutors, the judge sees the objective actions of the perpetrators, this is what is called objective, no longer subjective whether the perpetrators themselves are the main actors or not. Determining the status of a justice collaborator who is awarded with a decision is the authority of the judge.
Application of the Law of Crashing into Deaths of UI Students is an Ordinary Offense in Relation to Restorative Justice Panggabean, Tardip
Journal of Law, Politic and Humanities Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i2.199

Abstract

The aim of research are to know stop the investigation of Ordinary Delicts/Reports at the Police at the request of the perpetrator and the victim. To know form a mechanism to stop investigations into Ordinary Offenses/Reports based on the concept of restorative justice. This research uses normative law research using normative case studies in the form of legal behavior products, for example reviewing laws. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. The finding of research are Polri investigators are aware that there is a weak point in the use of discretion to stop investigations based on the concept of restorative justice, namely the absence of written rules that serve as a legal basis for investigators. The legal basis should be constructed through several laws and regulations and the ability of Polri investigators as public officials to make decisions based on discretion. The current construction of reasoning departs from the Telegram Bareskrim Polri Number: STR/583/VIII/2012 dated 8 August 2012 and several technical instructions from internal Polri institutions.
The Development of General Elections and Regional Head Elections After the Reformasi Era Andayani Bs, Dwi; Muhammad Rizqi Fadhlillah
Journal of Law, Politic and Humanities Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i3.221

Abstract

Indonesia is a constitutional state (Rechtsstaat) that upholds the values of legal norms based on laws. Indonesia has the highest legal norms, namely Pancasila and the 1945 Constitution of the Republic of Indonesia. Therefore, all forms of legislation that are made must not conflict with the 1945 Constitution of the Republic of Indonesia. in the Indonesian constitutional system experienced a very significant change. The implementation of direct and simultaneous elections in the post-reform era was held on April 17 2019, which is historical in the electoral process in Indonesia. This is an implication of the Constitutional Court Decision Number 14/PUU-XI/2013 concerning the judicial review case of the Law of the Republic of Indonesia Number 42 of 2008 concerning the General Election of President and Vice President. directly by the people. Simultaneous election implementation which will be held in 2024, this has been stipulated in the Law of the Republic of Indonesia Number 7 of 2017 concerning General Elections and the Law of the Republic of Indonesia Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 Concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 Concerning the Election of Governors, Regents and Mayors to Become Laws. The two laws mandate that in 2024 elections will be held simultaneously in 1 (one) year, namely presidential and vice-presidential elections, legislative elections and regional head elections. In addition, there is a provision regarding the presidential threshold that has existed since the 2004 election.
Government Political Rhetoric and Communication in the Practice of Government Implementation Arrianie, Lely
Journal of Law, Politic and Humanities Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i3.223

Abstract

The latest survey on the level of public satisfaction with the performance of President Joko Widodo LSI April 2023 shows a figure of 82 percent, the Indonesian political indicators survey also recorded a figure of 79.2 SMRC shows a figure of 81.7 percent. This high public satisfaction is the question, how is the rhetoric and political communication carried out by the government in the practice of administering government, Aristotle's Rhetorical theory developed by Richard West and Lynn H Turner and the qualitative phenomenological approach used found that; The government's political rhetoric and communication combines the concepts of ethos, logos and pathos with leadership values developed by Ki Hajar Dewantara, namely Ing Ngarso Sung Tulodo, Ing Madyo Mangun Karso and Tut Wuri Handayani. The "ethos" of the government is seen as a person who is quite honest and has good intentions. to build the nation and state as an example, "logos", regarding evidence and claims about the efforts made by the government can be seen directly by the public, while from "pathos" shows feelings or emotions and the public's closeness to their leaders.
The Position of Banggai Women in The Myth and Reality Samatan, Nuriyati; St. Samsuduha; Maryati; Robingah
Journal of Law, Politic and Humanities Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i3.224

Abstract

The study aims to conduct an analysis of Banggai women position in the myth and reality. The social role theory was applied. A chronological approach was taken by describing events unfolding slowly following the process of time to examine the position of Banggai women in myth and reality. The method applied was qualitative with narrative, using a chronological approach across the time. The data were collected through documentation, FGD, observations and in-depth interviews. The result found that there were significant differences between Banggai women in myth and reality. In myth, Banggai women are placed in a decisive position in the family and in society, while in reality, they are in a subordinate position, comparing to men, both in the family and in society. Based on the results of the analysis, it was found that women's social roles were influenced by various things. Novelty: This study used a narrative approach in analyzing the Banggai women in myth and reality
Evidence Using Forensic Laboratory in Revealing the Crime of Murder Yudistira, I Wayan Arif; Widijowati , RR. Dijan
Journal of Law, Politic and Humanities Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i3.225

Abstract

Murder is an act committed by anyone who intentionally takes the life of another person. The process of disclosing the crime of murder can be assisted by involving forensic laboratories in it. This study aims to analyze the role of forensic laboratories and the efforts made by the National Police to involve forensic laboratories in evidence to help reveal the crime of murder based on Decision Number 111/Pid.B/2015/PN Spg. The theories used included the legal theory of evidence and the theory of law enforcement. The analysis used in this research is a qualitative descriptive analysis. The results showed that the function and role of forensic laboratories in relation to the judicial process as a means of proof in court is to corroborate/give certainty to information, determine cause-and-effect relationships, prove whether or not certain factors or phenomena are true, make laws or arguments from a phenomenon if it has been proven true, and be a means of proof in court in determining the causes of death of a person so that it will be more supportive in the criminal justice process.
The Correlation of Forensic Science Role : Forensic Photography, Forensic Toxicology and Digital Forensics Towards the Evidence in the Criminal Justice System Nurul Rahma Windyani, Ersa; A. Acbay, Femalie
Journal of Law, Politic and Humanities Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i3.236

Abstract

The Role of Forensic Photography, Forensic Chemistry Toxicology and Digital Forensic on Pembuktian is a scientific article in the literature review within the scope of the field of Law and Criminology. The purpose of this article is to build a hypothesis of the influence between variables that will be used in further research. Research objects in online libraries, Google Scholar, Mendeley and other academic online media. The research method with the research library comes from e-books and open access e-journals. The results of this article: 1) Fotografi Forensik has an effect on Pembuktian; 2) Toksikologi Forensik has an effect on Pembuktian; and 3) Forensik Digital has an effect toward the Evidence.
Ethnography Research: Dayak Kaharingan Ethics Kalimantan Daito, Apollo
Journal of Law, Politic and Humanities Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i4.238

Abstract

This research is an ethnographic on the Kaharingan Dayak in Central Kalimantan, East Barito, and South Kalimantan in Tabalong District, and Gunung Meratus Dayak. The studies were conducted in 2012, 2016, 2018 and 2023. The research units were the male and female Wadian Kaharingan, and the Mantir Adat Dayak. The results of this ethnographic research produced 3 main findings, namely the Dara Mula Lapeh Ethics of Concern, Datu Mula Munta's Environmental Ethics, and the third is the Ethics of Living Together on the Land. The Caring Ethics develops the notion of caring as a feminine ethic, and applies it to the practice of moral education. Women "enter the practical realm of moral action in a different way". The Caring Ethic as a preference for moral deliberation takes place in practice, and an appreciation for the uniqueness of each caring relationship. The ethics of caring as the basis of human existence and awareness. Environmental Ethics is given a holistic intrinsic value, namely including non-human entities, more precisely animals, plants, water, mountains, seas and other organisms in a group of entities that have intrinsic value that must be protected and respected. All biotic and abiotic beings deserve moral judgment for themselves. In other words, along with the human species, all other living things have intrinsic value. Meanwhile, the Ethics of the Dayak Kaharingan are the Ethics of Living Together on the Ground. The results of ethnographic research state that the mental doctrine of the Dayak Kaharingan is mechanical solidarity occurring when society consists of individuals who are different from each other, and social cohesion is obtained to shared values, beliefs, and rituals as a form of collective awareness as well as reducing individuals
Mediation of Criminal Cases as an Effort to Settle Criminal Actions Based on Local Wisdom in Indonesia Budisetyowati, Dwi Andayani; Joko Sriwidodo; Rr. Dijan Widijowati; Juanda
Journal of Law, Politic and Humanities Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i4.245

Abstract

Penal mediation is carried out to bring together criminal offenders and victims, so this penal mediation is often also known as "Victim Offender Mediation" (VOM). In Indonesia itself, the use of mediation can be seen in Law No. 30 of 1999 concerning Arbitration and Dispute Resolution. Settlement of cases through mediation is in line with the concept of local wisdom that lives in Indonesian society. The noble values contained in the Pancasila state foundation fade with the times and technology; the values contained therein, such as divinity, justice, decency, harmony, unity, humanity, and mutual cooperation, are no longer reflected in the lives of the nation, state, and society. Society is also included in the formulation of legal products. Penal mediation is less well known among Indonesians. In mediation, the urgency is the value of Pancasila in the settlement of criminal cases in Indonesia, which is the community's need for a progressive, humane criminal dispute settlement that provides a sense of justice for victims, society, and perpetrators, which cannot be carried out by national criminal law. The local wisdom of people in various regions of Indonesia in the settlement of criminal disputes based on deliberation and consensus (mediation) as local institutions has not been utilized optimally in answering this problem. The formation of law in Indonesia is based on historical aspects and is in accordance with the conditions and circumstances of the people. In mediation, it requires the involvement of all stakeholders in solving criminal acts through mediation based on local wisdom using impartial or neutral media and mediators.
Handling Criminal Cases of Corruption Involving Active Indonesian National Army (TNI) Soldiers Gusman, Delfina
Journal of Law, Politic and Humanities Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i4.262

Abstract

Based on the set of laws related to eradicating corruption and the class of laws within the military scope in Indonesia, whether the involvement of active TNI soldiers in criminal acts of corruption in enforcement is processed through the Military Court or the Corruption Crime Court as the court in General Justice environment? And what about the authority of the Corruption Eradication Commission (KPK) in this matter?.

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