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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 1,054 Documents
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Legal Consequences of a Deed of Gift Made by Spouses (Case Study of Deed of Gift No. 937 Dated December 27, 2016) Kholifah, Kholifah
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.1726

Abstract

The land is the settlement place for most of the community, besides being a source of livelihood for those who earn a living through farming and plantations. Ultimately, the land also serves as the final resting place for someone who has passed away. The population of Indonesia continues to grow, but the land area remains unchanged. The available land area eventually becomes disproportionate to the increasing population. How people meet their needs for land includes buying and selling, exchanging, gifting, or through bequests. This journal will discuss the legal consequences of a grant deed made by a married couple still in the bond of marriage from the perspective of the law. The law has regulated the procedures on how grants are to be made and the legal subjects allowed to execute the grants
ESPN's Broadcast Rights Protection in Intellectual Property Law Over World Cup Broadcast Piracy Hasoloan Limbong, Albert
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.v5i4.1733

Abstract

Television broadcast piracy, especially in the broadcast of the World Cup by ESPN, has become a growing problem along with the advancement of digital technology. Broadcasting rights as part of Intellectual Property Rights (IPR) have high economic value and have received legal protection through various regulations, such as Law Number 28 of 2014 concerning Copyright and Law Number 1 of 2024 concerning Information and Electronic Transactions (UU ITE). However, the challenges in law enforcement are still quite substantial, especially related to cross-border piracy, difficulties in blocking illegal sites, and low public awareness of the impact of piracy. The Indonesian government, through the Ministry of Communication and Information (Kominfo), has made efforts to combat piracy by blocking illegal sites and implementing the "Trusted Flagger" mechanism. Meanwhile, broadcasting rights holders such as ESPN are also trying to protect their rights by collaborating with law enforcement and utilizing digital detection technology. This study highlights regulatory weaknesses that still need to be improved and recommends more effective policies, including strengthening international cooperation, implementing artificial intelligence-based technology to monitor illegal content, and increasing public education about broadcasting rights and the impact of piracy.
The Purpose of Implementing the Negative Investment List is to Control Foreign Ownership Domination Imanuel Koleangan, Garth
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.v5i4.1734

Abstract

The Negative Investment List (DNI) is a strategic policy of the Indonesian government to regulate foreign ownership limits in certain sectors to protect national economic interests. This policy aims to create a balance between foreign investment and strengthening domestic investors so that strategic sectors remain under national control. To maintain the objectives of the DNI, the government has taken various steps, such as strengthening regulations, providing incentives for local investors, and strict supervision of the implementation of this policy. In addition, the government also encourages the competitiveness of domestic investors through training programs, improving workforce quality, and strategic partnerships with foreign companies in technology transfer and innovation. Periodic evaluation of the effectiveness of the DNI is a key factor in ensuring that this policy remains relevant and can support sustainable national economic growth. With a combination of flexible policies, targeted incentives, and transparency in its implementation, Indonesia can create a conducive investment environment for inclusive and highly competitive economic growth
The Principle of Subrogation in Motor Vehicle Loss Insurance in South Barito Regency Simanjuntak, Manat; Wijaya, Andika; Januardy, Ivans
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.1736

Abstract

This study aims to analyze the implementation of the principle of subrogation in motor vehicle loss insurance in South Barito Regency, focusing on the challenges faced and the solutions that can be taken to ensure the effectiveness of the principle. The research uses an empirical research method by collecting data through in-depth interviews, observations, and documentation studies. The data were analyzed in a qualitative descriptive manner to provide a comprehensive picture of the phenomenon being studied. The results of the study show that the application of the principle of subrogation often faces obstacles, such as the lack of transparency of the insured, the low public understanding of insurance law, and the culture of peaceful settlement between the insured and third parties. In addition, the relatively small claim value compared to operational costs is also a consideration for insurance companies not to continue the subrogation right. This study recommends strengthening regulations, increasing education to the public, and utilizing technology to support the implementation of the subrogation principle more optimally.
Regulatory Optimization of Bitcoin as Collateral: Property Classification and Secured Lending Framework in Indonesia Darmawan, Kevin; Abubakar, Lastuti; Handayani, Tri; Sugiharti, Dewi Kania
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.v5i4.1738

Abstract

The development of financial technology has driven the emergence of digital assets such as Bitcoin, which challenge the conventional legal framework of property law. Although not recognized as legal tender, Bitcoin has been acknowledged as a legal asset by Indonesia's Commodity Futures Trading Regulatory Agency (Bappebti). This study aims to examine the legal status of Bitcoin as collateral in Indonesia’s property law framework, as well as assess the adequacy of current regulations in accommodating this function. This research employs a normative juridical method with a qualitative approach and deductive reasoning. The findings indicate that Bitcoin fulfills the legal criteria of an intangible object and, in theory, can be used as an object of fiduciary security. However, the absence of explicit legal recognition and a digitally integrated collateral registration system has led to legal uncertainty. Although regulations in Indonesia have provided a degree of legality and oversight, systemic institutional integration remains lacking. Therefore, legal reform is needed in the area of digital asset-based collateral, along with the establishment of a comprehensive administrative registration system to ensure the validity of security interests in digital assets
Legal Protection for Creditors in Commercial Property Disputes (Case Study of Batam District Court Decision No. 158/Pdt.G/Plw/Gs/2022/Pn Btm) Malau, Hotmaulina; Nurlaily, Nurlaily; Disemadi, Hari Sutra
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.v5i4.1743

Abstract

Commercial property disputes are one of the significant challenges in business practice in Indonesia, especially in the legal relationship between creditors and debtors. This study aims to analyze legal protection for creditors in commercial property disputes through a case study of the Batam District Court Decision No. 158/Pdt.G/Plw/GS/2022/PN Btm. The methodology used is normative legal research with an analytical-descriptive approach, which examines laws and regulations and related court decisions. The results of the study show that in this case it includes three dimensions of legal protection according to Philipus M. Hadjon's theory, namely preventive, repressive, and curative. In the preventive dimension, protection is provided through the binding of dependent rights and the use of the cession mechanism as an anticipatory measure. The repressive dimension, lawsuits and cession recognition by the courts ensure that creditors' rights remain protected after a dispute has occurred. The curative dimension, guarantee execution and litigation process play a role in the recovery of creditor rights due to debtor default. However, the study also found weaknesses in the implementation of legal protection, especially related to the long legal process and bureaucracy in the execution of bail. This study concludes that legal protection for creditors in Indonesia has been well regulated normatively, but its implementation needs to be strengthened, especially in the efficiency of guarantee execution and dispute management. Recommendations are given to creditors, debtors, and governments to improve dispute management and legal protection within the commercial property sector
The Legal Status of MoU as a Contract in BUMN Cooperation Agreements (Study of Denpasar Court Decision Number 419/PDT.G/2012/PN.DPS) Tanaya, Velliana; Yap, Celine Alexia; Subiran, Danishel; Gunawan, Lauren Angel; Singgih, Marvino Nathanael; Nugraha, Dwi Putra
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.v5i4.1746

Abstract

Performance is an obligation where one or both parties have the responsibility to fulfill a condition that has been agreed upon in the agreement. However, if a performance is not performed or even violated, it can lead to default. In some instances, default might occur on the basis of a breach to a document that is generally considered non-binding, such as an MoU which turns out to be legally enforceable if it fulfills the elements of a valid agreement. In Denpasar Court Decision Number 419/PDT.G/2012/PN.DPS, the Defendant, a State-owned enterprise (BUMN), was proven to have committed a default. Therefore, there is a need to strengthen regulation and supervision to ensure the accountability of BUMN without hampering their operational independence. This paper uses a normative-empirical research method that examines the practical implementation of legal provisions and observes legal interactions that occur in society. Therefore, The Legal Status of MoU as a Contract in BUMN Cooperation Agreements (Study of Denpasar Court Decision Number 419/PDT.G/PN/DPS) is written
Legal Analysis of the Use of Deed de Command as a Supporting Basis for Collateral Execution Liang Ning, Ni Luh Nita Mey; Mahendrawati, Ni Luh Made; Renaya, Nengah
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.1747

Abstract

This article examines the Legal Analysis of the Use of Deed of Command as a Supporting Basis for Collateral Execution. The object of this research is the practice of using Deed De Command in the execution of collateral by creditors. The purpose of this study is to evaluate the legality, validity, and effectiveness of the use of Deed De Command in supporting the execution of collateral and its impact on creditor risk management. The research method used is normative law with descriptive analysis. The results of the study show that the Deed De Command has an important role in accelerating the execution of collateral and reducing Non-Performing Loans, although there is a gap in the norms in the regulations governing the use of the deed, which can cause legal uncertainty. In conclusion, the De Command Act is very relevant in accelerating the settlement of non-performing loans, but there needs to be regulatory updates to ensure legal certainty in its implementation
Application of the Prudential Principle in Giving Banking Kredit Dewi, Elsa Dianita Puspita
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.1755

Abstract

Banking institutions is institution Which collect And channel fund in public. banking very role And have share in effort enhancement level life public Indonesia through development economy public. Bank own program distribution fund For public Which Wrong the only one often called with credit . Credit provided to banks to be distributed to customers contains risks. So that in its implementation, every credit grant to customers must be careful and careful in observing the principle of prudence. Method research used that is juridical normative with use legislative approach and conceptual approach. Type material the law used are primary, secondary And tertiary. From the results study can concluded the first is that in providing banking credit, the bank must always apply the principle of prudence in order to minimize the risk of the bank's operational business with the aim of ensuring that the bank is always in a healthy, liquid and solvent condition. The principles used must be in accordance with existing regulations so that they will not cause defects in the world of credit. Losses resulting from credit can worsen the image of a bank. Besides That Wrong One impact is credit become congested And For do solution credit congested there is a number of strategy with method scheduling return , requirements return And arrangement return . Second , Violation principle caution in credit banking give rise to consequence law . Where to the party doing it violation will given penalty law form sanctions criminal nor regulated fines in Law No. 10 of 1998 concerning Banking . Banking crimes occur or fall into the realm of "state loss", abuse of authority resulting in corruption crimes
Criminal Liability for Abuse of Hard Drugs for Illegal Abortion Practices Nathania, Jovita; Sutarno, Sutarno`; Adriano, Adriano; Zamroni, Zamroni
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.1760

Abstract

In Indonesia, abortion is still a major and contentious legal and health issue, especially when it is carried out beyond the bounds of the law. Illegal abortion practices have increased as a result of the growing number of unintended pregnancies, which are mostly caused by premarital sex, a lack of information, and adolescent-free association. Criminal culpability for persons, including women who knowingly have abortions and others who help or facilitate the procedure, is the focus of this article. This paper analyzes statutory rules, court rulings, and legal principles using a normative legal research approach, with a special emphasis on Decision No. 1977/Pid.Sus/2019/PN.Sby. The results show that under Articles 20 and 21 of the Criminal Code and Article 194 of the Health Law, the lady who conducted the abortion as well as those who supplied the means, money, or instructions are criminally culpable. The case illustrates how accomplices are also subject to legal culpability in addition to the principal perpetrator. It emphasizes the value of education and regulation in preventing the abuse of abortion-inducing medications and reaffirms the significance of legal clarity in abortion situations. To address the risks of unsafe, illegal abortions in Indonesia, this research advances health law and advocates for stronger legal enforcement as well as more public awareness

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