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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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The Position of the Letter from the Chief of the Supreme Court and the Decision of the Constitutional Court in the Polemic on the Advocate's Oath Wahab, Mirnawanti; Bachmid, Fahri
Journal of Law, Politic and Humanities Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i2.319

Abstract

To carry out the profession of an advocate, a person must go through various stages regulated in the Law on advocates, including the process of education and appointment through oaths. However, the publication of the Letter of the Chief Justice of the Supreme Court of the Republic of Indonesia regarding the oath of advocates has created a polemic among law enforcement. This study aims to examine two main issues: first, the substance and position of the Letter of the Chief Justice of the Supreme Court of the Republic of Indonesia regarding advocate oaths; and second, the substance and position of the Advocate Organization's Constitutional Court Decision. As doctrinal legal research, this study uses statutory and contextual approaches to secondary data in the form of primary and secondary legal materials. The results of the analysis conclude that the Letter of Chief Justice of the Supreme Court is recognized as a product of laws and regulations in Indonesia, so it must comply with the principles regarding statutory regulations. However, it is considered that this policy cannot become a binding legal product because it is considered contradictory to the law on advocacy organizations. This was justified by the Constitutional Court's decision, which considered that there was an error in the substance of the letter. The Court, in its legal considerations, then determined the Indonesian Advocates Association (PERADI) as the only advocate organization that was given eight authorities, including carrying out Advocate Profession Special Education (PKPA), Advocate Professional Examination, and carrying out the oath of attorney candidates
Juridical Analysis of Blocking Sabh Access In The RI Ministry of Minority Shareholders As a Form of Legal Protection of Minority Shareholders Juanito, Alfvino
Journal of Law, Politic and Humanities Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i2.322

Abstract

Legal subject on a protection for minority shareholders is less attendance whether in the formulation of legal theories, or law making process in Indonesia. Prevailing laws and regulations are deemed unable to provide effective protection to legal interests of the shareholder minority. Apart from the right to file derivative action in accordance with Article 61 of Indonesian Company Law, there is a provision under Ministry of Law and Human Rights Decision No. 29/2022 that stipulating the protection to minority shareholder under dispute to file for blocking company's access to the Legal Entity Administration System on the Directorate General of General Legal Administration of the Ministry of Law and Human Rights of the Republic of Indonesia (SABH). The research shows that there is an impact when such a company's access to SABH is blocked, then such a company is denied to process business license; as a consequence of such integration between SABH and Indonesia' business licensing system that is centralized under the Online Single Submission system (OSS). When such company's access to SABH is blocked, access to OSS will also be blocked due to failures on verification process during login to OSS, and there will be notifications on OSS “Login Failed, Please Call SABH”. Thus, such companies are denied to process any business license within the OSS. Furthermore, the research shows there is a case that a minority shareholder who filed for SABH blocking, was charged for committing an unlawful act. For the sake of legal certainty, justification must be carried out for the implementation of protection to minority shareholder rights based on the provisions of the applicable laws and regulations, in this case as specified under PermenkumHAM 29/2022; in furtherance as impact from denied access to process any business license caused by such company's SABH blocked
The Law of Returning Dowry in The Banggai Tradition Mahmud Sakka, St. Samsuduha; Sakirah, Sakirah; Rasdiana, Rasdiana
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.323

Abstract

Research Objective: This research aims to examine the Law of Dowry Return in Banggai Tradition. Theory: This research used Gustav Radbruch's Legal Objective Theory, which has three basic assumptions of legal objectives, namely: justice, expediency, and legal certainty, and all three are legal objectives mutually. Method: This research is a qualitative research using the Legal Pluralism Paradigm. Results of the Research: Banggai, as a former Islamic Sultanate that had existed since the end of the 16th century, inherited many tangible and intangible legacies that can still be found in the community today. One of them is the Law of Dowry Return in Banggai Tradition, a tradition that is still alive in the midst of the community, and becomes an unwritten legal norm, which applies in a particular community environment (hybrid law or unnamed law). The research is objectively analytical, which means that customary law is studied positively and negatively. This research found that the law of returning dowry still remains valid in the Banggai community, both Muslims and Christians.
Buying and Selling Marijuana Coffee in Cross Medan, Southeast Aceh Perspective of DSN MUI Fatwa No.110/DSN-MUI/IX/2017 Al Syifa, Khairunnisa; Efendi, Rahmad
Journal of Law, Politic and Humanities Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i2.324

Abstract

Buying and selling is an agreement to exchange goods that has benefits for the user. In its implementation, buying and selling must be based on the provisions of Islamic law, in that it does not contain elements that are forbidden, because of Allah SWT. has permitted buying and selling and prohibited usury. The concept of buying and selling in Islam encourages transactions that are honest, fair and beneficial to both parties as well as maintaining a good relationship with Allah and gaining His approval. The practice of buying and selling marijuana coffee across Medan, Southeast Aceh violates legal regulations. Of course, coffee can be consumed halally, but not marijuana. The combination of coffee and marijuana is a problem whether this type of drink is halal for consumption, in the perspective of DSN MUI Fatwa No.110/DSN-MUI/IX/2017 concerning Sale and Purchase Agreements. If buying and selling marijuana coffee is carried out then this buying and selling is not valid according to Islamic law because there are elements of haraam which are prohibited both by religion and by law in Indonesia. The research method used is an empirical juridical method, namely field research, using a qualitative approach.
Rivate Sector Involvement in Clean Water Management: Appointment of PT Moya Indonesia By the DKI Jakarta Provincial Government (2022) Pangihutan, Risto Mulia; Angela, Deni
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.325

Abstract

The privatization of clean water in DKI Jakarta has presented major challenges in providing quality and affordable clean water services for the community. This article discusses the various challenges faced, such as high levels of pipe leaks, low water quality, and limited infrastructure. However, there is also hope to improve clean water services by accelerating the increase in service coverage, increasing the efficiency of water distribution management, and increasing transparency and accountability in clean water management. The active role of the DKI Jakarta DPRD and Civil Society Organizations (CSOs) is also needed to ensure better clean water management in the future. The DKI Jakarta Provincial Government must be committed to overcoming these various challenges by involving all stakeholders and strengthening cooperation between the public and private sectors in order to achieve better and more equal access to clean water for all DKI Jakarta residents.
Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan) Gusria Amara; Risdalina Siregar; Indra Kumala Sari Munthe
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.326

Abstract

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.
The Mediation Process at the Soreang Religious Court Becomes a Means of Reconciliation in Divorce Cases in Soreang, Bandung Regency Based on Supreme Court Regulation Number 1 of 2016 Ahmad Solehudin; Saim Aksinudin
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.327

Abstract

Divorce is an event that often involves various conflicts and complex issues, both from a legal and social perspective. Religious Courts have a key role in handling divorce cases and mediation has been one of the approaches applied to seek amicable solutions in these cases. This study aims to find out how the Soreang Religious Court handles divorce cases in Bandung Regency in accordance with Supreme Court Regulation No. 1 of 2016. This research adopted a qualitative method. The process of collecting information through literature study. Once the data was collected, analysis was conducted in three stages: data reduction, data presentation, and conclusion drawing. The research shows that the Soreang Religious Court uses mediation as the final step to resolve divorce cases in Bandung Regency. Most divorce cases have been successfully resolved through this mediation approach. In addition, there are several factors that influence the success of mediation at the Soreang Religious Court, such as the willingness of both parties to follow the mediation process, the mediator's ability to understand and resolve the problems faced by the parties, and also the support of various related parties such as judges, clerks, and other parties involved in the mediation process.
Legal Findings on the Status of Doctors' Employment Relationships in Private Hospitals Based on Supreme Court Decisions Rizza, Faisal; Mudiana Permata Sari
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.328

Abstract

Basically, a written cooperation agreement is important to bind one party to another. In practice, there are still those who do not use a written cooperation agreement in the implementation of cooperation such as the case of a doctor who does not have a cooperation agreement in any form so that if one party terminates cooperation without notice, then there is no basis that can be accounted for. Therefore, the Supreme Court in considering a fair decision decided to make an updated legal discovery regarding the status of employment relations that must be made in writing so that when a dispute arises it can be accounted for before the eyes of the law. It can be concluded that it is important for judges when deciding a case to take into account the laws that apply in society, and every decision must be made based on applicable law and the principle of justice.
Dumping Practices on Market Balance: A Review of Business Competition in E-Commerce Laa Tansa Amalia; Rachel Luna Widyawati; Anintyas Kusuma; Amalia Nurwachidah Rosyadi
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.330

Abstract

The practice of dumping is an increasing phenomenon in international trade. Dumping is a practice where exporters sell commodities on the international market at prices below fair value or lower than the price in the country of origin or the general price on the international market. This practice is considered unfair because it can damage the market and harm competitors in the importing country. The government can adopt policies and regulations that protect local producers from dumping practices. Industry players can work together to monitor and report suspicious dumping practices. International institutions such as the World Trade Organization (WTO) can play an important role in addressing dumping practices by providing an international legal framework that regulates this practice. This research uses a normative juridical approach with analysis of various relevant laws, regulations and policies. It is hoped that the results of this research will provide a clearer understanding of the practice of dumping and the legal consequences it causes in the perspective of Law No. 5 of 1999 concerning Business Competition in Indonesia.
Power Interplay Between Executive and Legislative in the Formation of Undang-Undang Nomor. 3 Tahun 2022 Concerning Ibu Kota Negara Mahardika Agustin, Mutiara; Ilmar, Anwar
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.331

Abstract

The main objective of this research is to discuss the power interplay between the executive and legislature in the formation of Law no. 3 of 2022 concerning Ibu Kota Negara. With a focus on the interaction of power between the two institutions in the process of forming the IKN Law. This research uses qualitative methods and is explained using the power cube theory by John Gaventa. In the formation of this law, most of the factions in the DPR RI out of a total of 9, only one opposition party refused to accept and approve the discussion of the IKN Bill. With the position of the government which has a large coalition (grand coalition) with membership in parliament reaching 74%. It can be seen that the role of the executive is more dominant than the role of the legislature in determining the direction of decisions on this Law, namely by conditioning the decisions taken by party factions that are members of supporting government supporters to fully support them.

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