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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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Diversion of Juvenile Criminal Cases at the Investigation Stage at the Ternate City Police Force Fahria; M. Djafar, Muhammad Mufti; Budiono, Arief; Ikrima, Nur Aida
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.v5i4.1667

Abstract

Diversion of juvenile criminal cases at the investigation stage at the Ternate City Police Force. Object: This research analyzes the diversion of child molestation cases at Ternate Police Force during the investigation stage. Objective: This paper analyzes: (1) the diversion implementation of at the investigation stage of child molestation crimes at the Ternate Police Force and (2) the factors that influence the implementation of diversion at the investigation stage of child molestation crimes. Method: This research used empirical research, which is a research model in the form of an action to observe a legal reality in society. Results: At the investigation stage, diversion implementation at the crime of child molestation cannot be carried out because according to Article 7 clause (2) of Law No. 11 of 2012, diversion can only be carried out on children who commit crimes with a prison sentence of less than seven years and are not a repeat of the crime. However, the Ternate City Police Force provides a solution of mediation. Factors that influence the implementation of diversion at the investigation stage of child molestation crimes include an obstacle where the victim's family prefers to continue the legal process rather than mediate.
Analysis of the Practice of Selling and Buying Polyethylene Terephthalate from the Perspective of Ecological Jurisprudence Syufa'at, Syufa'at; Meidina, Ahmad Rezy; Imani, Firstdina Putri
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.v5i4.1678

Abstract

This paper abstracts a problem one of the problems faced in society today is the problem of waste. Waste not only has an impact on the physical environment, but also has an impact on the non-physical environment, namely the social life of the community such as; cases of landfills (TPAS), degradation of soil and water quality, social conflict. However, waste can be valuable if it is sorted from the time it is generated and becomes raw materials that are awaited by recycling companies, such as paper, plastic, metal, glass companies need glass. Almost all inorganic waste can be sold to companies through collectors so that it can be valued. The research in this article uses field research at PT Planetary Recyled Plastic Indonesia in Banyumas, using the Fikih Ecology approach. The results of data collection were carried out by means of observation, interviews, and documentation. The results of the research in this article show that good and correct waste management not only has an impact on the preservation of the ecosystem of living things, but can also be used as a source of goodness by making it a tool for charity (shodaqoh Sampah)
The Effectiveness of the Application of Electronic Ticketing Criminal Sanctions Against Traffic Violators in the Denpasar Maharani, Luh Arini Yulia; Wulandari, Ni Gusti Agung Ayu Mas Tri
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.v5i4.1681

Abstract

The Bali traffic police implemented the Electronic Ticket System as an effort in law enforcement in terms of traffic violations. Electronic ticketing is an effort by traffic police officers to impose sanctions on traffic violators based on information technology. Denpasar City is used as an example in the implementation of the Electronic Ticket System by the Bali Police Traffic Directorate. However, in its implementation, there is a gap between the Bali Police Traffic Directorate and the people of Denpasar City regarding the wrong delivery address for electronic ticket confirmation letters that do not match the data of traffic violators that have been validated by traffic police officers in charge of the Back Office System. This research is an empirical legal research using a statutory approach and a factual approach. This research uses the basis of Lawrance M. Friedman's Legal System Theory. Data collection techniques are by conducting interviews and documentation studies. This research was conducted at the Bali Regional Police Traffic Directorate Unit. The mechanism for implementing this electronic ticketing system is to automatically snap traffic violators and then the results of the traffic violator snapshots are adjusted to the vehicle ownership data based on the vehicle number used when violating traffic. If it is valid, an electronic ticket confirmation letter will be issued which will be sent directly to the address of the traffic violator by the Bali Police traffic police
The User’s Position as Personal Data Controller in the Utilization of Electronic Systems in the Form of Messaging Applications in Review of Law Number 27 of 2022 concerning Personal Data Protection Jonathan Matthew; Sinta Dewi Rosadi; Amalia, Prita
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.v5i4.1682

Abstract

In its development, privacy as the right to be let alone and privacy right has now been recognized and regulated more comprehensively and specifically in Law Number 27 of 2022 on Personal Data Protection (UU PDP), along with the increasing use of messaging applications as a digital communication medium by the public. In its general use, there is a flow of information, transmitted by and between users, which can be in the form of electronic documents and often simultaneously can contain personal data (privacy). In the transmission of information flows involving personal data, it can be seen that there are users who collect and process personal data (recipients of personal data), and there are users who are interlocutors, who also send personal data to recipients (senders of personal data). This research is conducted using normative juridical method and will discuss the position of the user of the messenger application as the controller of personal data in the utilization of the messenger application and its legal consequences according to the PDP Law. From the results of the research, it can be seen that the user of a messaging application who collects and processes personal data (recipient of personal data) of their interlocutor can act as a personal data controller in the context of the PDP Law, if the user manages personal data and determines the reasons (why and how) for the management. The legal consequences that arise include the regulatory provisions in the PDP Law, especially those relating to the obligations of personal data controllers, which apply to users in their position as personal data controllers, as well as legal liability in the event of unlawful acts against personal data.
Health Law and Medical Ethics : Implications in the use of Psychotropics Drugs Fikri , Ahmad Ma'mun; Fahrudin, Aziz; Wardani, Dita Nur
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.v5i4.1688

Abstract

In medical practice, the application of medical ethics often overlaps with general societal ethics, particularly in the use of psychotropic drugs. Regulations related to psychotropics have been established in various legal provisions, such as the Health Law and the Psychotropics Law, to ensure the safe and controlled use of these substances. However, in practice, there are still instances of abuse of authority by medical personnel, including improper prescription procedures and unlawful distribution. This study employs a normative juridical method, utilizing a legislative and conceptual approach. The findings indicate that legal sanctions for such violations have been established, including criminal and administrative penalties. However, the implementation of these sanctions still faces challenges in terms of effectiveness and balancing patient protection with access to medication. From a medical ethics perspective, the principles of beneficence, non-maleficence, and informed consent must be upheld in prescribing these drugs to protect patients' rights and prevent dependency or harmful side effects. Therefore, a more comprehensive policy evaluation is necessary to ensure the proper use of psychotropic drugs in accordance with legal and ethical principles while strengthening oversight in medical practice to prevent misuse.
Limitations of Criminal Punishment for Corruption Criminal Act Article 2 and Article 3 of the Corruption Criminal Act are Linked to the Supreme Court Regulation Number 1 of 2020 (Case Study of the high Court Decision Semarang Number 22/PID. TPK/2020/PT. SMG Nirmansyah, Sandy; Wongso, Erni Suryani; Prayuti, Yuyut
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.v5i4.1689

Abstract

The issuance of Supreme Court Regulation Number 1 of 2020 concerning the Guidelines for Sentencing Article 2 and Article 3 of the Corruption Law, has given rise to pros and cons. The opposing opinion states that Article 2 and Article 3 of the Corruption Law, are sufficient to provide guidelines for sentencing so that there is no disparity in decisions, because both articles already regulate minimum and maximum sentences. The issuance of Perma No. 1 of 2020 is a form of intervention by the Supreme Court regarding the independence of judges in deciding a case. This is certainly contrary to Article 24 paragraph (1) of the 1945 Constitution. In addition, the issuance of Perma No. 1 of 2020 is also considered to have violated the principles in the formation of laws and regulations as regulated in Law Number 12 of 2011 concerning the Formation of Laws and Regulations. The decision of the Corruption Court which is the object of this research whose decision is guided by Perma No. 1 of 2020, such as the Decision of the Semarang District Court No. 41/Pid.Sus-Tpk/2020/PN.Smg, dated September 21, 2020, which has been canceled by the Semarang High Court Decision No. 22/Pid.Tpk/2020/PT.Smg,  dated December 7, 2020, because the state losses have been recovered, so that the Bandung High Court decision has fulfilled substantive justice. In addition, the Formation of Perma No. 1 of 2020 is legally flawed because there is no higher statutory regulation order and it was not made based on the authority of the Supreme Court
Legal Protection against Bouwheer in a Contract for the Outsourcing of Work with a Bank Guarantee Permatasari, Made Intan; Budiartha, I Nyoman Putu; Jaya Utama, I Wayan Kartika
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.v5i4.1693

Abstract

Bank guarantee is a guarantee in a work outsourcing agreement that protects the bouwheer from the contractor's default. However, in practice, the disbursement of bank guarantees often faces obstacles, especially when the contractor goes bankrupt. Banks often refuse disbursements for administrative reasons that do not have a clear legal basis, thus creating legal uncertainty for bouwheer. This research uses normative legal methods with legislative, conceptual and case approaches. This approach is used because there are vague norms in the arrangement of bank guarantees, especially regarding legal protection for bouwheer. Although there are regulations on bank guarantees, the existing rules focus more on the responsibility of banks without explicitly regulating bouwheer's rights in the disbursement of collateral. The results of the study show that legal protection for bouwheer is divided into preventive and repressive protection. Preventive protection includes strict contractual clauses, the selection of credible banks, and supervision of the execution of guarantees. Repressive protection is carried out through non-litigation and litigation channels in the event of disbursement denial without a valid reason. Decision No. 159/Pdt.G/2023/PN Ptk emphasizes that banks are still obliged to disburse guarantees even if the contractor is bankrupt, and rejection without legal basis can be categorized as default by banks.
The Impact of a Legally Flawed Court Decision on a Good and Healthy Environment for the Awyu Tribe (Study of Decision Number 6/G/LH/2023/PTUN.JPR) Pangastuti, Dimas; Kusumawati, Erna Dyah
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.v5i4.1697

Abstract

The 5th rank held by Indonesia regarding the number of children with stunted growth is a reflection of the unfulfilled right to a good and healthy environment for the community, healthy and cheap food and adequate nutrition for pregnant women. The State's obligation to guarantee the fundamental rights of Indonesian citizens as mandated by the constitution Article 28 H Paragraph 1 of the Constitution of the Republic of Indonesia tends not to be felt, especially by people living in remote lands of Indonesia, especially Papua. This article will analyze whether in substance the environmental impact analysis document of PT. Is Indo Asiana Lestari in line with the laws and regulations in Indonesia? In addition, the Potential Impact of the Legitimacy of the Environmental Impact Analysis Document on Substance Defects through Decision Number 6/G/LH/2023/PTUN. JPR? In the discussion section, it will be examined in depth regarding the alignment between the substance of the AMDAL of PT. Indo Asiana Lestari with environmental regulations in Indonesia and how the potential impack of the Jaya Pura PTUN decision Number 6/G/LH/2023/PTUN. JPR for the right to a healthy environment of the Awyu Tribe. This research is a normative research using the library research method to examine legal materials, legal principles to answer the legal issues faced. This type of research is qualitative descriptive. The research approach used is a statute approach to study and study all laws and regulations related to legal issues regarding the harmonization of environmental impact analysis documents of PT. Indo Asiana Lestari with environmental regulations in Indonesia and the potential impact of the Legitimacy of the Substance Defect Environmental Impact Analysis Document through Decision Number 6/G/LH/2023/PTUN. JPR
Juridical Review of Registered Trademarks on Trademark Disputes Similarities in Principal (Decision Number: 83/Pdt.Sus-HKI/MEREK 2023/PN Niaga Jkt.Pst) Handayani, Roslina; Gayatri, Almirah Syifa; Pakpahan, Marlina Elisabeth
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.v5i4.1698

Abstract

A trademark is something attached to a product  is noticed also respected by the state through guaranteed ownership rights, so  not just anyone can obtain intellectual property rights. If someone wants to be legally recognized as a brand owner, then they are obliged to register their trademark. The protection of such trademarks indicates  the state is obliged to enforce trademark laws. There is legal protection for trademark owners to provide exclusive rights for brand owners (exclusive rights) so  other business actors cannot use the same trademark as they own. The problems discussed in this study are about How to Regulate Trademark Registration As per Law No.  20 of 2016 concerning Trademarks also Geographical Indications, How to Legal Protection for Registered Trademarks  Have Similarities in Essence, also How to Consider the Judge in Decision Number: 83/Pdt.Sus- HKI/MEREK 2023/PN Niaga Jkt.Pst. This studyuses normative studymethods. The data used are secondary data obtained through literature studies, laws also regulations, legal journals, also lecture materials related to this research.
Legal Effects Incompatibility of the Principal Agreement with Additional Agreements Zamirah, Rosita Linda; Adjie, Habib
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.v5i4.1699

Abstract

The provision of credit facilities by financial institutions and banking institutions is fraught with various risks, including defaults or non-payment by debtors. To anticipate such risks, lawmakers have provided creditors with general security facilities, as stipulated in Articles 1131 and 1132 of the Indonesian Civil Code. Under this general security, creditors are not given any special treatment in fulfilling their receivables. Consequently, creditors often feel that general security alone is insufficient. Therefore, creditors require debtors to provide specific collateral for debt repayment. The provision of such specific collateral is formalized in a security agreement made between the creditor and the debtor. This study aims to further examine the relationship between the principal agreement and the security agreement, as well as the legal consequences arising from a security agreement that does not conform to the principal agreement. The research adopts a conceptual approach and a statutory approach. Through this method, it can be determined that the security agreement must comply with the principal agreement as long as the parties do not agree otherwise or deviate from the applicable legal provisions. The explanation of Article 11, paragraph (1), No. 4 of the 1996 Mortgage Law

Page 65 of 106 | Total Record : 1054

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