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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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Juridical Review of the Assembly’s Recommendation Required for Civil Suit Administration from the Human Rights Perspective Dody Novizar Mardyansyah; Anak Agung Gede Duwira Hadi Santosa
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.v5i4.1548

Abstract

The enactment of the health law in 2023 will have a fundamental impact on the development of health law, in which the Article 308 (2) implies for the civil liability, with the rules that patients who are harmed are required to request a letter of recommendation from the assembly. Meanwhile, Human Rights Law No: 39 of 1999 clearly stated that those who feel that their interests have been harmed can directly file a civil claim/lawsuit to a court institution. Thus, there is a conflict of norms between the two laws and regulations which has an impact in the legal uncertainty. For that reason an in-depth analysis of the issue was carried out. Axiologically this research was conducted aiming  for finding out the essence of the recommendation letter issued by the assembly. This research uses doctrinal research methods. The research results show that the requirement to request a letter of recommendation from the assembly as a condition for submitting civil legal action is a contradiction to the principles of basic rights (HAM) as mentioned in Law 39 of 1999
Implementation of Agrarian Minister's Circular Letter No. B/HR.01/839/IV/2023 Concerning Death Decisions as a Requirement for First-Time Land Registration Aapplications and Maintenance of Land Registration Data (Study at the Blitar Regency Land Office) Muhammed Sadam Yudha Laksana
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.v5i4.1549

Abstract

In carrying out the registration of land rights, either through buying and selling or changing the name of the heir, if the right holder dies, the name must be changed. In 2023, Minister of Agrarian Affairs circular No. B/Hr.01/839/Iv/2023 Regarding Death Certificates as a Requirement for First-Time Land Registration Applications and Maintenance of Land Registration Data. So the question is what if the person dies a long time ago and their domicile is not known, what if the death certificate is not valid, it must be a death certificate in the transfer of land rights and land registration for land history Letter C 1960. Problem formulation: Effectiveness of Implementation of Minister of Agrarian Affairs Circular No. B/HR.01/839/IV/2023 Regarding the Death Certificate as a Requirement in the First Time Land Registration Application and Maintenance of Land Registration Data at the Blitar Regency Land Office and the Consequences and Obstacles Faced by the applicant in the name change process following the Minister of Agrarian Circular Letter No. B/HR.01/839/IV/2023 at the Blitar Regency Land Office. This research uses empirical methods with conceptual and sociological approaches. The results of the research are the effectiveness of implementing the Minister of Agrarian Affairs Circular No. B/HR.01/839/IV/2023 Regarding Death Certificates as Requirements for Applications for First Time Land Registration and Maintenance of Land Registration Data at the Blitar Regency Land Office is not running effectively because many applicants' files for registration of land rights they own are having problems in fulfilling the completeness of the documents. the death certificate, especially if the purchase has already occurred and the owner has died and has moved from the area.
Conflict Escalation in Myanmar After Military Junta Coup Yuliana Anggun Pertiwi
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.v5i4.1562

Abstract

This research aims to analyze the escalation of conflict in Myanmar after the military coup in 2021 with a research focus on understanding the dynamics of conflict during military junta rule and its impact on domestic and regional situations. This research uses a qualitative method with a descriptive-analytical approach, relying on secondary data sources, namely literature studies from various sources. The results show that the coup carried out by the military junta has overthrown the legitimate government. Instead of creating stability, this attitude triggered massive rejection by the people of Myanmar. This condition was responded aggressively by the junta, thus increasing tension and violence in various regions. ASEAN has attempted to mediate the conflict through the Five-Point Consensus, but it did not produce significant results because the military junta did not show commitment in implementing the agreement. Opposition groups such as the National Unity Government (NUG) and People's Defense Force (PDF) that were previously not major actors in the armed conflict are now increasingly active against the junta, joining forces with armed ethnic groups to overthrow the military government. This resistance has weakened the junta's control over Myanmar, indicating the potential for a greater transition of power in the future.
Legal Certainty of the Role of Notaries in Electronic General Meetings of Shareholders of Limited Liability Companies in an Effort to Support the Asean Economic Community Biner Sihotang
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.v5i4.1566

Abstract

Technological advances and in an effort to improve services to the community, a concept has been introduced in the world of public services that uses Information and Communication Technology (ICT) such as the General Meeting of Shareholders (GMS) of Limited Liability Companies which can be conducted conventionally or via teleconference or videoconference, thus demanding the role of Notaries in an effort to provide legal certainty for the implementation of the General Meeting of Shareholders (GMS) of Limited Liability Companies. The problem in this study is how is the legal certainty of the role of notaries in general meetings of shareholders of limited liability companies electronically in an effort to support the ASEAN Economic Community? This study is a normative legal study using secondary data and analyzed descriptively. The results of the study show that the legal certainty of the role of notaries in general meetings of shareholders of limited liability companies electronically in an effort to support the ASEAN Economic Community can be carried out by playing a role in organizing electronic certification as a registration authority (RA) that verifies data and the identity of users of electronic signatures, for example in the case of General Meetings of Shareholders (GMS) of Limited Liability Companies which can be conducted conventionally or via teleconference or videoconference. If done by teleconference or videoconference, then everything that is discussed that occurs must be recorded and stored in a storage medium for that purpose as an Electronic Document and must be stored by the Notary as part of the Minutes of the Deed, also as part of the Notary Protocol, which at some point if needed, for example for evidence in court can be reopened. However, the Notary's obligation is to continue to make the Minutes of the Deed in the form of ordinary paper, which has been done so far.
Legality of the Use of Autonomous Weapons Systems in International Humanitarian Law Bobi Ardiansyah
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.v5i4.1575

Abstract

Along with the development of the era, the world of weapons has increased until a system called Autonomous Weapons Systems was created which allows weapons to be able to determine and take action completely without human intervention. Autonomous Weapons Systems are feared to violate International Humanitarian Law. This study uses a normative legal research method that refers to positive law to be able to analyze a problem being studied, especially in the realm of international humanitarian law. This research was conducted with a literature study, where the author examines several legal materials such as primary, secondary, and tertiary legal materials used based on the problem. The results of the study indicate that the use of Autonomous Weapons Systems in armed conflict or war is something that is legally valid as long as it does not violate the international law that regulates it and must be in line with International Humanitarian Law. Countries and Individuals in the use of Autonomous Weapons Systems can be held accountable for Violations of International Humanitarian Law
Juridical Analysis of Criminal Sanctions Against Perpetrators of Abortion Crimes Reviewed from the Criminal Code and Health Law (Study of Decision Number 333/Pid.Sus/2021/PN Bks) Minetha, Adelli Ritza; Guntara, Deny; Abas, Muhamad
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.v5i4.1580

Abstract

Most people consider illegal abortion to be very heinous, uncivilized, depriving potential human beings of their right to life, but on the other hand, an inner struggle occurs between a pregnant person to continue her pregnancy or not. The topic raised in this study is related to a pregnant woman, who may not want her pregnancy to then have an illegal abortion, to understand the criminal punishment given to the perpetrators of the crime of illegal abortion in accordance with the Decision of the Bekasi State Court Number 333/Pid.Sus/2021 PN Bks, as well as to understand the legal regulatory steps taken and decided on the perpetrators of the crime of abortion in Bekasi.  The research that the author raises can be obtained with a normative research system by reading the leteration, studying and understanding the more complex Indonesian legal systematics at the core of the problem. To support this research material, the author also analyzes and harmonizes based on theories from study experts that are relevant to the problem with a qualitative approach method. The results of the author's research show that the decision taken by the Bekasi District Court Decision Case Number 333/Pid.Sus/2021/PN Bks, namely the determination of the judge to consider sanctions for the perpetrators of the crime of abortion. Also as a sanction of legal consequences due to illegal abortion, the defendant is legally and convincingly declared guilty and must be held responsible for acts that violate criminal law.
The Legal Status of the Circular Letter of the Ministry of Law Concerning the Appointment of Notaries Related to the Dispute Over Dualism in the Indonesian Notary Association H. Wira Franciska; Salsabila Sekar Wahri
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.v5i4.1590

Abstract

The issues that will be discussed in this study are regarding the legal position and legal certainty of the Circular Letter of the Ministry of Law and Human Rights number AHU-AH.02-37/2024 concerning the appointment of the Notary position which will be proven through the theory used, namely the theory of dispute resolution and the theory of legal standing. The method used in this study is juridical-normative with the support of interviews. The research approaches used are the legislative approach, the analytical approach, and the conceptual approach. From the results of the research, it can be obtained: 1) Dispute Resolution Against Dualism of PP Management INI was preceded by the implementation of an exam using the Computer Assisted Test (CAT) system as a temporary replacement for the requirements for the appointment of notaries. Meanwhile, through a decree dated January 16, 2025, the government has taken steps to appoint the Chairman of the Central Board of the Indonesian Notary Association. 2) The legal position of the circular is valid, even though it does not have binding legal force such as laws and regulations, the Circular Letter is an important instrument that functions as a tool for policy socialization, implementation instructions, internal coordination, and technical direction.
Comprehending Non-Litigative Resolution of Construction Disputes Through Arbitration Niniek Lannyati; Samian
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.v5i4.1599

Abstract

Construction projects are inherently complex, and involve multiple stakeholders with diverse interests and goals. The construction industry has explored the use of hybrid dispute resolution methods, such as the combination of arbitration and mediation, known as "med-arb.” However, the effectiveness of arbitration in construction disputes is not challenging. The challenge to be examined is the choice of construction dispute resolution using arbitration, which is still widely used in Indonesian projects. During the 44 years of work, the Indonesian National Arbitration Board handled more than 1000 cases. Regulation reflects the evolving dynamics and challenges faced by the Indonesian legal system and the ongoing efforts to create a more democratic and rights-respecting legal framework
Agrarian Legal Politics of the Special Region of Yogyakarta in the Indonesian Legal System A Study on Law No 13 of 2012 Jamaluddin Mahasari
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.v5i4.1603

Abstract

This study examines agrarian legal politics in the Special Region of Yogyakarta (DIY) within the Indonesian legal system, focusing on Law Number 13 of 2012 on the Special Status of DIY. The research analyzes the dynamics of agrarian law in DIY, which is unique due to the coexistence of two legal systems: the national law based on the Basic Agrarian Law (UUPA) and the traditional royal agrarian system. The comparison between agrarian legal politics in DIY and national policies reveals significant differences in land law implementation, particularly in the aspects of land inventory, certification, and the legal status of Sultanate and Kadipaten (Duchy) lands. The main challenges identified include the lack of adequate baseline data, community land ownership without legal certainty, and regulatory inconsistencies regarding the management of village land and Sultanate/Duchy lands. Additionally, the disharmony between national agrarian policies and the agrarian legal politics of DIY poses further challenges, especially regarding land ownership and land-use rights for non-indigenous Indonesian citizens. This study recommends a reconstruction of agrarian legal policies at both the national and DIY levels through the revision of regulations such as Law Number 13 of 2012, Government Regulation Number 38 of 1963, and Government Regulation Number 24 of 1997. A more equitable and harmonized approach to the agrarian legal system is essential to ensure legal certainty, social welfare, and alignment between national policies and the special status of DIY.
Legal Interpretation of the Position of the Papuan People's Assembly in the Expansion of Provinces within the New Autonomous Region of Papua Decky DA Wospakrik
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.v5i4.1604

Abstract

The purpose of this study is to analyze changes in the legislation on Papua's special autonomy with the aim of expanding the province of Papua. The purpose of expansion is carried out by first making changes to the legislation related to Papua's special autonomy with fast track legislation). This study uses a normative method, which traces the legislation related to interpreting the changes in the regulations. The results of the study on changes to the Law by means of fast track legislation (FTL), provide an interpretation that the expansion of the province of Papua can be carried out by changing Article 76 in the Special Autonomy Law before the change by placing the word "can" which is the interpretation that the formation of a new province in Papua can be done without going through the approval of the MRP as required by the Special Autonomy Law before the change. Based on the findings, the Amendment to the Special Autonomy Law provides space for FTL, the central government and the DPR to be carried out top-down in the expansion of the province in Papua without the involvement of the MRP. The central government and the DPR view Papua in a political context to reduce the political turmoil that occurs in Papua by viewing the expansion as a solution to improve the welfare of indigenous Papuans without looking at the social and cultural impacts on indigenous Papuans who are represented in the MRP Institution.

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