Journal of Law, Poliitic and Humanities
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
<![CDATA[Critical Analysis of the Supreme Court Decision Number 63/PUU-XIX/2021 Regarding Sold Flat of Copyrights ]]>
<![CDATA[Ester Renata Patricia]]>;
<![CDATA[Gratianus Prikasetya Putra]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1611
<![CDATA[This article is titled Critical Analysis of The Supreme Court Decision Number 63/PUU-XIX/2021 regarding Sold Flat of Copyright which criticizes about The Law of The Republic of Indonesia Number 28 of 2014, hereinafter referred as UUHC, especially in Article 18 and 122. The aim of this research is to analyze the concept of sold flat in UUHC which is contradictory compared to common knowledge and its relevance to the law system in Indonesia. The research method used in this writing is a normative juridical research, namely by conducting a literature study. The study shows that the term to return the economic right to the creator after the sold flat contract reaches twenty-five years, is required because the theory which fundamentally underlies the drafting of UUHC was structured to prioritize protecting the creator (subject), not the creation (object). Therefore, instead of forcing that term in UUHC which causes contracditio in terminis, this study provides suggestion to remove the concept of sold flat in UUHC and use the concept of license as the only way for creator to transfer the economic right to be exercised by other parties as Licensee]]>
<![CDATA[Determination of Advertising Tax in the Event of Determining Tax Payable is Based on the Display of Advertising in Accordance With Regional Regulation of Surabaya City Number 7 of 2023 Concerning Regional Tax ]]>
<![CDATA[Yohanes Franklin]]>;
<![CDATA[Rusdianto Sesung]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1618
<![CDATA[Taxes are a source of state income which is very important for the continuity of government programs and activities. One type of tax that is the object of regional tax is Advertisement Tax, which is imposed on the basis of carrying out advertisements in an area. Advertisement Tax Debt arises as the advertisement is carried out, although tax payments can only be made after the Regional Tax Assessment Letter is issued based on a request from the advertisement operator. If the advertisement organizer does not register the advertisement, the Regional Government can issue a Regional Tax Assessment Letter ex officio to encourage optimization of advertisement tax revenues. Apart from that, advertising must also pay attention to the city planning and existing space to maintain the aesthetics of the city. Regional Regulation Number 5 of 2019 is expected to provide legal certainty and ensure that the implementation of advertising does not conflict with spatial planning. Even though the Advertisement Tax has been paid, the issuance of a permit to operate advertisements cannot be done simply without paying attention to the provisions in regional regulations. As part of efforts to control advertisements and to ensure tax optimization in line with spatial planning provisions, taxes must carry out a regular function through the application of tax disincentives to advertisements that do not comply with existing planning regulations]]>
<![CDATA[Company Liability Towards Workers Who Are Dismissed During the Covid-19 Pandemic as A Force Majeure Circumstance ]]>
<![CDATA[Rosandra Nabila Nugraha]]>;
<![CDATA[Agus Mulya Karsona]]>;
<![CDATA[Sherly Ayuna Putri]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1650
<![CDATA[The COVID-19 pandemic has significantly impacted the economy worldwide, including Indonesia. In the face of economic difficulties caused by social restrictions and declining demand, many companies have been forced to lay off employees as a last resort to maintain business continuity. This situation is often categorized as Force Majeure, an extraordinary event that cannot be predicted or avoided. Even though termination of employment can be carried out in these situations, applicable laws and regulations must still fulfill workers' rights. This study aims to determine the limitations of the COVID-19 pandemic as a Force Majeure situation and the company's responsibility towards workers laid off during the pandemic. The research method used is normative juridical, which is legal research on positive legal norms, principles, and doctrines with analytical descriptive research specifications that describe the applicable laws and regulations associated with legal theory and the practice of implementing positive law, which are then collected and classified into an orderly and systematic description. The study results show that the COVID-19 pandemic can be considered an urgent or Force Majeure, and companies are relieved to fulfill workers' rights. Still, many companies unilaterally layoff their workers. Protection of workers in these conditions is essential to prevent injustice and ensure social justice for the parties involved]]>
<![CDATA[Criminal Liability in the Crime of Corruption in Land Acquisition for Campus Development of Imam Bonjol Padang State Islamic University ]]>
<![CDATA[Sarah Qurrata A’yun]]>;
<![CDATA[Elwi Danil]]>;
<![CDATA[Hengki Andora]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1652
<![CDATA[Land acquisition plays an important role in development and requires the involvement of a notary to ensure the legality of the transaction. However, in practice, notaries can be involved in corruption crimes, such as falsifying documents and inflating prices. This study analyzes the criminal liability of notaries in the case of corruption in land acquisition of UIN Imam Bonjol Padang Campus with a normative juridical approach and case studies. The results of the study show that notaries who abuse their authority can be subject to criminal sanctions. Therefore, strict supervision and stricter regulations are needed to prevent corruption in land procurement and maintain the integrity of the notary profession]]>
<![CDATA[Legal Certainty of Ownership and Transfer of Rights to Alternate Rice Field Land in Kerinci Regency ]]>
<![CDATA[Qurratul Aini]]>;
<![CDATA[M.Hasbi]]>;
<![CDATA[Syofiarti]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1653
<![CDATA[The Kerinci indigenous people apply a system of land tenure of alternate rice fields that are inherited matrilineally. However, this system faces obstacles in legal certainty, especially related to the transfer of rights and land registration. This study aims to analyze the pattern of control, legal certainty, and dispute resolution mechanism in the system. The method used is empirical juridical with an analytical descriptive approach. The results show that although the rotational rice field system is still in effect, the absence of ownership certificates hinders legal certainty, while dispute resolution still relies on customary institutions. Harmonization of customary law and agrarian law is needed to improve legal protection for the Kerinci indigenous people.]]>
<![CDATA[Implementation of the Peace Deed (Acte van Dading) as a Settlement of Civil Disputes through a Simple Lawsuit Process at the Padang District Court ]]>
<![CDATA[Partynia Nur Imantya]]>;
<![CDATA[Elwi Danil]]>;
<![CDATA[Wetria Fauzi]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1654
<![CDATA[A peace deed is a legal instrument that has binding force and permanent legal force, equivalent to a court decision that cannot be appealed or appealed. In the practice of resolving civil disputes, peace deeds play an important role in providing fast, simple, and low-cost solutions, especially in the context of simple lawsuits. This study aims to examine two main aspects, namely (1) how the implementation of the peace deed as a method of resolving civil disputes through a simple lawsuit at the Padang District Court, and (2) the legal consequences that arise if one of the parties commits a default on the content of the peace deed. Using an empirical juridical research method, this study processed primary and secondary data through literature studies and interviews with related parties. The results of the study show that the simple lawsuit mechanism provides efficiency in resolving civil disputes, both in terms of time and cost. In addition, if one party commits a breach of the peace deed, the other party can immediately submit an application for execution to the court without the need to file a new lawsuit. These findings confirm that peace deeds have a strategic function in accelerating the resolution of civil disputes and strengthening legal certainty for the parties to the dispute]]>
<![CDATA[Moral and Legal Problems Reviewed from: "Law no. 12 of 2022 Concerning Sexual Violence” Regarding Sexual Violence Cases in Indonesian Higher Education ]]>
<![CDATA[Sascha Kezia Cenniago]]>;
<![CDATA[Franciscus Xaverius Wartoyo]]>;
<![CDATA[Alya Zaida Afandi]]>;
<![CDATA[Celine Loren]]>;
<![CDATA[Sabina Abigail]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1691
<![CDATA[This research entitled Moral and Legal Problems Reviewed from: "Law no. 12 of 2022 concerning Sexual Violence” Regarding Sexual Violence Cases in Indonesian Higher Education. Sexual violence is one of the problems that arises in society that has received special attention in recent years. Not only sexual violence against the opposite sex, sexual violence between the same sex often shows a significant increase in the higher education environment, both against the opposite sex and the same sex, which has the potential to damage the generation of people who oppose the implementation of the law in Indonesia. This research aims to analyze legal and social views regarding sexual violence that occurs in Indonesian universities. The author uses qualitative research methods and a juridical-sociological approach aimed at looking at the problem of sexual violence from a human rights perspective and the effectiveness of laws and regulations governing sexual violence. The research results show that legal protection efforts for victims of sexual violence are still lacking in the implementation of the law and there is a lack of understanding regarding victims' rights. This statement underlines several important challenges faced in handling cases of sexual violence, namely allowing an increase in same-sex rates, social stigma and legal uncertainty. Therefore, this research suggests that awareness among the public needs to be increased and laws that guarantee recovery for victims of sexual violence.]]>
<![CDATA[Vague Norm on HIV Status Disclosure of the Minister of Health Regulation Number 21 of 2013 ]]>
<![CDATA[Putri, Idza Dean Akira Calluella]]>;
<![CDATA[Firmantoro, Zuhad Aji]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1120
<![CDATA[Indonesia has produced various health laws in dealing with different infectious diseases. Treatment of HIV and AIDS, which includes infectious diseases, is regulated in Minister of Health Regulation Number 21 of 2013. In accordance with Minister of Health Regulation Number 21 of 2013, it is stated that PLWH must disclose their HIV status to their sexual partners. On the other hand, the provision stating that PLWH must disclose their HIV status to their family is still ambiguous, making it challenging to apply in the treatment of HIV and AIDS. This article examines the problem of vague norm with the existence of an ambiguous article on HIV status disclosure in Minister of Health Regulation Number 21 of 2013. This article uses a normative legal research method through a legislative approach and an analytical approach. The results show that vague norms in Minister of Health Regulation Number 21 of 2013 related to the treatment of HIV status by PLWH to their families creates legal uncertainty and hampers the effectiveness of the treatment of HIV and AIDS. The problem of legal certainty in disclosing HIV status must be resolved so that the treatment of HIV and AIDS can run optimally. The vagueness of the material in this regulation makes it difficult to be applied consistently. To overcome this, it is recommended that the law be improved so that the treatment of HIV and AIDS in Indonesia can run more optimally and achieve the goal of “three zero” by 2030.]]>
<![CDATA[Conflict Resolution Management in Papua: A Historical and National Integration Perspective ]]>
<![CDATA[Sudarsono, Djayeng Tirto]]>;
<![CDATA[Setiawan, Bayu]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1453
<![CDATA[The resolution of the conflict in Papua not only requires a security approach but also necessitates a holistic treatment involving social, economic, and political aspects. A profound understanding of the root issues and active participation from all involved parties are key to formulating sustainable solutions. Through this approach, it is hoped that Indonesia can achieve a resolution to the conflict in Papua that is not only tactical but also provides a strong foundation for the ongoing peace and prosperity of all Indonesian citizens, including our brothers and sisters in Papua. Strategic and conceptual thinking from the perspectives of history and national integration are integral to efforts aimed at resolving conflicts based on separatism and terrorism in Papua through a multidisciplinary approach. From the viewpoint of history and national integration, innovative approaches and more effective solutions can be identified to safeguard national security. Thus, it can serve as a basis for designing a conflict resolution model that considers the historical context and national integration in the Papua context. Research findings indicate that this model should ideally encompass diplomatic strategies, active participation of local communities, and sustainable development approaches. Looking ahead, this research is expected to stimulate further studies to generate more profound strategic thoughts, enrich insights, and make significant contributions to addressing the complexity of conflicts in Papua in order to maintain national security.]]>
<![CDATA[Legality of Artificial Intelligence-Generated Advertising in Commercial Activities Based on Legal Certainty ]]>
<![CDATA[Putri, Fallen Annisa Aji]]>;
<![CDATA[Sakti, Muthia]]>;
<![CDATA[Winanti, Atik]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i4.1497
<![CDATA[To understand and analyze the legality concerning the use of artificial intelligence in commercial activities. To explore and analyze the legal certainty of advertising generated by artificial intelligence. This research also helps the author gain insight and firsthand knowledge on how AI-generated advertising is regulated under Indonesian law. Through this normative legal method, results will be obtained that align with practical applications. This will make the research more concrete and accountable for its authenticity and validity. Artificial intelligence technology is fundamentally developed by generating results through the input of big data or pre-existing data, which is then trained to produce the desired outcomes. Although the technology is created to ease human life, its development has led to complexities, particularly in relation to the law. One current debate centers on the copyright of works created by artificial intelligence (AI). This has become a polemic due to the illegal use of data for training purposes]]>
