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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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The Position of Living Law as a Legal Institution in Law No. 1 of 2023 on the Criminal Code Redy, Simon Albertian
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1374

Abstract

This study aims to determine and analyze the basis for consideration of living law as part of Law No. 1 of 2023 concerning the Criminal Code.  To know and analyze the forms of living law that will be applied in Law no.1 of 2023 concerning the Criminal Code. To know and analyze the implementation of living law rules in Law No. 1 of 2023. This research uses normative legal research with a statutory approach in conducting dissection as the object of research. The results show that Law No. 1 of 2023 on the Criminal Code (KUHP) confirms the recognition of customary law or living law as an integral part of the national legal system, as mandated by the 1945 Constitution. This recognition aims to provide protection to the community, including indigenous peoples, by strengthening the laws that live in the community through updates and adjustments to the new Criminal Code. Previously, the colonial influence on the old Criminal Code did not adequately accommodate customary law. In its implementation, living law is reflected in Article 2 paragraph (2), which regulates forms of customary punishment such as non-material compensation, performance of customary rituals, apology as a cover of shame, and exile of the perpetrator from the community. These forms are local in nature and adapt to the local culture. The implementation of the new Criminal Code is based on three main foundations, namely philosophical, sociological, and juridical, which ensure the application of customary law in accordance with the social context and national legal norms.
Validity Publishing the Conformity of Space Use Activities (Kkpr) That Are Not in Accordance With the Spatial Plan Siti Sundari; Rusdianto Sesung
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1380

Abstract

This research aims to determine the validity of issuing conformity in space utilization activities (KKPR) that are not in accordance with the spatial plan. The research method used is normative legal research.  The approach used to examine various laws and regulations related to the regulation of obligations for the issuance of KKPR in accordance with the Regional Spatial Plan. The results of the analysis show that the policy regarding the obligation to issue KKPR in accordance with the Regional Spatial Plan has been regulated and stipulated in the Legislative Regulations. This is a basic requirement for submitting a KKPR. Apart from that, this validity is based on several aspects including authority, suitability of procedures and substance. In the event that the KKPR has been issued in accordance with its authority and has gone through appropriate procedures, but there are deficiencies in substance, then it can be concluded that the published KKPR is invalid.
Military Leadership in Business: An Analysis of its Role and Impact in Indonesia Gerry Juan Carlos; Tri Widyastuti; Adler Haymans Manurung; Hasanuddin Hasanuddin
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1394

Abstract

This study examines the role and impact of military leadership in the business sector in Indonesia, an important topic amidst the growing number of former military personnel occupying leadership positions in companies. The primary objective of this research is to analyze how military leadership styles are applied in business contexts and their impact on organizational performance. The research questions include: What is the role of military leadership in the business sector? What is its impact on business organizational performance? This research uses a qualitative approach with a case study design and in-depth interviews as data collection techniques. The data were analyzed using thematic analysis to identify key patterns and themes. The findings indicate that military leadership significantly contributes to organizational discipline and efficiency but faces challenges in flexibility and innovation. The conclusion of this research highlights the importance of adapting military leadership to the dynamic business environment and provides suggestions for further in-depth research.
The Views of Scholars of The Islamic Union of Subang And Sumedang On Contemporary Issues Of Family Law (Juridical Analysis of the Granting of Compulsory Wills for Heirs of Different Religions and its Contribution to the National Legal System) Beni Ahmad Saebani; Syamsul Falah; Maulana Hasanudin; Brilyan Yudha Pratama
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1398

Abstract

Mandatory wills regulated in Article 209 of the Compilation of Islamic Law are only for adoptive parents and adopted children, there are no mandatory wills for heirs of different religions. However, the Supreme Court Decision stipulates the right to non-Muslim inheritance with a mandatory will, so it requires in-depth study. The purpose of this study is to analyze the thoughts of the scholars of the Subang and Sumedang Islamic Union regarding the obligatory will for the heirs of different religions. The framework of thinking in this study is (1) Grand Theory: The Theory of Maqasid Shari'ah by Muhammad al-Syathibi in his book al-Muwafaqot, which emphasizes that maqashid shari'ah is one of the important concepts in the study of Islamic law. The essence of the theory of maqashid shari'ah is to attract benefits and reject madharat; Middle ranges theory is Gustav Radbruch's theory of legal justice, certainty, and the usefulness of huku as the three legal principles. The applied theory is a progressive legal theory from Satjipto Rahardjo which states that progressive law is responsive and can contextualize the application of law with the basis of the development of human life. The research method used is descriptive analysis with a normative juridical approach. This research is classified as a type of qualitative research, therefore the type of data is related to the purpose of the research in question. The primary data source is taken from the views of the Islamic Union of Subang and Sumedang scholars about the inheritance of different religions. Data collection techniques with interviews and literature studies. The data is analyzed by collecting, classifying, and interpreting it with the content analysis method and then inferred. This study concludes: (1) The views of the scholars of the Subang and Sumedang Islamic Union regarding the share of inheritance for heirs of different religions depend on the content of the heirs' wills and the agreements of other Muslim heirs. Philosophically, the name heir is not the essential meaning of heir, but because there is a postulate of the Quran and al-Hadith that states that "Muslims do not inherit to the infidels", then the heirs of different religions, who accept by way of a will with the principle of effort to give their rights as worship.
Deradicalization of Religious Behavior Through Character Building of Islamic Unity Students with Bai'at System and Embodiment of Pancasila Values Beni Ahmad Saebani; Yana Sutiana; Muhammad Ilham Pratama; Adilla Nur Muslimah
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1399

Abstract

The Islamic religious organization Persatuan Islam was founded on September 12, 1923 in Bandung. Now the Islamic Association has approximately 230 boarding schools throughout Indonesia. The number is not small with a management system that has been tested, it is proven that the longer the Islamic Unity boarding school is growing rapidly with santri alumni spread throughout Indonesia. However, there is something interesting about this Islamic Unity Islamic Boarding School, namely the implementation of the santri promise which is read every day of the week in the santri ceremony. This promise aims to shape the morals of students and most importantly to prevent behavior that deviates from Islamic law. This study aims to analyze the material of the Islamic Unity boarding school's santri pledge so that it can ward off radical behavior in religion and form the character of santri and embody the values of Pancasila. The research was conducted at Islamic Unity boarding schools in Bangil, East Java, West Java, and those in Central Java. The method used is descriptive analytical with a sociological and philosophical approach. Data were collected by observation, interview, and documentation. The data obtained were classified and analyzed using the content analysis method. The concept of de-radicalization of religious behavior and character building of santri through the santri promise system in Islamic Unity boarding schools in Indonesia refers to the vision of PERSIS pesantren education, namely realizing santri and pesantren alumni who have a deep understanding of Islamic teachings, have good character, and become role models for the people. Deradicalization will automatically be implemented because the santri uphold their promises. The embodiment of Pancasila values through the santri pledge system in Islamic Unity boarding schools in Indonesia is carried out through Muslim character education that is faithful, pious, instills a spirit of togetherness, tolerance, rational, emotional and spiritual intelligence. The realization is in the form of skills training, curriculum, and cultivating various obligations and sunnat-sunnat in Islamic teachings.
Legal Certainty of Written Evidence of Land Formerly Owned by Indigenous Communities in Land Registration in Indonesia Timoty Ezra Simanjuntak; Jokki Obi Mesa Situmeang; Aldo Prasetyo Riyadi; Mohammad Didi Ardiansah; Andi Sitti Ainy Nur Alifah
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1403

Abstract

This research aims to examine the legal certainty regarding written evidence of land formerly owned by indigenous communities in the context of land registration in Indonesia following the enactment of Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. Additionally, this research explores the mechanisms for resolving land ownership disputes based on written evidence of land formerly owned by indigenous communities. The research methodology is conducted through a normative juridical approach, supplemented by interviews with key informants and an analysis of relevant legislation. The findings indicate that, according to Government Regulation No. 18 of 2021, written evidence of land formerly owned by indigenous communities is deemed invalid and serves only as a clue for land registration in Indonesia. Consequently, there has been a shift in the evidentiary power that was previously recognized as valid evidence; under the new regulation, it is now merely a clue for land registration. Nevertheless, in the event of a dispute over ownership of such land, written evidence of land formerly owned by indigenous communities may still be utilized as evidence in court.
Notary Authority in Making Auction Minutes as Authentic Deed in the Implementation of Voluntary Auctions Agung Laksono; Abdul Aziz Nasihuddin; Siti Kunarti
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1404

Abstract

An auction is a public sale of goods through bidding, requiring the issuance of an auction minutes (auction minutes). These minutes, prepared by an authorized auction official, are authentic deeds with perfect evidentiary strength. The study focuses on the notary's authority to draft auction minutes and their legal validity as authentic evidence in court when acting as an auction official. This research employs a normative juridical method, analyzing the application of legal norms in positive law. Vendu Reglement, PMK No. 213/PMK.06/2020 (updated by PMK No. 122/PMK.06/2023), and PMK No. 189/PMK.06/2017 govern the authority of Class II auction officials. They must meet educational qualifications (minimum bachelor's degree in law or economics), undergo selection, internship, and inauguration. Auction minutes are valid only if prepared by official auction officers, though Article 15(2) of the Notary Law (UUJN) permits notaries to draft them under specific conditions. Article 1868 of the Civil Code mandates that authentic deeds be prepared by authorized officials, granting notaries acting as auction officials the authority to create legally valid auction minutes, provided no evidence disproves their authenticity.
Understanding Political Narratives: Word Cloud Analysis of Yoon Seok-Yeol's Impeachment Sinta Rahmadani; Imam Yuadi
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1427

Abstract

This study uses computational text analysis to analyze political rhetoric in the context of the impeachment of South Korea’s former president and chief prosecutor Yoon Seok-yeol. This Project analyzes statements of ten different international media outlets a month prior to the impeachment held in December 2024 through nexus tools within multi dimensional scaling and word clouds. The study illuminates startling issues South Korea is currently grappling with, and how stark the media’s influence is on public perception by exhibiting political themes such as “impeachment”, “martial law”, “opposition” and “party”. A distance matrix and MDS plot aids in understanding the correlation between public issues, the legal angle and issues regarding partisan divides. Such conversations can now be segmented into core narratives in lieu of these visuals, and Cohen easily be elaborated through computational models which highlight which topic or idea is popular in the public eye. The findings are commensurate with the literature discussing the role of public and media sentiment in impeachment process and suggest the opportunities of coupling qualitative and computer approaches. The research offers a technique on how to evaluate political narratives which would aid in enhancing the communication sought by the Penn State University Department of Communication in the governance of the society and democratic processes.
Inheritance Rights of Children Born in Mixed Marriages Reviewed from the Civil Code and Balinese Customary Law Ni Putu Sayuri Dewi; M. Sofyan Pulungan; Meliyana Yustikarini
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1429

Abstract

This research is motivated by the existence of several legal systems in Indonesia that exist and develop in its diverse society, so that the inheritance rights of children born in mixed marriages should be obtained by examining not only through civil law in Indonesia, but also through customary law. This research was conducted to analyze how the inheritance rights of children born in mixed marriages are reviewed from the Civil Code and Balinese Customary Law. This paper was compiled using a doctrinal research method. The results of the study show that the inheritance rights in the Civil Code and Balinese Customary Law are both carried out by the testator who gives inheritance to the heirs solely to improve the welfare of the heirs. Although in Civil Law and Balinese Customary Law both want the best for their heirs, there are differences in the implementation of the distribution of the inheritance. This comparison can be seen from the differences in when the distribution of inheritance can be carried out, the differences in the elements of inheritance, the differences in objectives, and the differences in the parts of rights and obligations inherited by the heirs
Regulation of Plea Bargaining Policy as a Novelty in Criminal Justice System to Create Effective and Efficient Criminal Law Enforcement: A Study of Ruu Kuhap Seraphinus Mariano Agung Serman; Umi Rozah
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1454

Abstract

The criminal justice system in Indonesia faces various challenges, such as lengthy judicial processes and case backlogs in the courts. To address these issues, reforms in the criminal justice system are necessary, one of which is the implementation of "Plea Bargaining." This writing is very beneficial as it examines the regulation of plea bargaining in the Draft Criminal Procedure Code (RUU KUHAP). The regulation of plea bargaining in the Indonesian criminal justice system provides benefits in creating an effective and efficient criminal law enforcement process, allowing cases to be resolved more quickly and reducing the burden on the judiciary. Plea Bargaining in the Draft Criminal Procedure Code (RUU KUHAP) is regulated in Article 199 of the Draft Criminal Procedure Code (RUU KUHAP).

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