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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 Role of the Indonesian Food and Drug Authority (Badan Pengawas Obat dan Makanan-BPOM) in Skincare Overclaim Cases: Consumer Protection Perspective Due to Negligence in Monitoring Inconsistencies in Product Content and Labeling Aprilianti, Prashandya Natasya Putri; Toteles, Aris; Evi, Evi
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.v5i5.1978

Abstract

The skincare industry in Indonesia is experiencing rapid growth but is accompanied by an increase in cases of overclaim, namely excessive or inconsistent claims between the content and product labels circulating on the market. This practice not only misleads consumers but also has the potential to pose serious health risks. This study aims to analyze the role of the Indonesian Indonesian Food and Drug Authority in cases of skincare overclaim from a consumer protection perspective, especially due to negligence in supervising the inconsistency of product content and labels. The research method used is normative juridical with a statutory approach, reviewing laws and regulations such as Law Number 8 of 1999 concerning Consumer Protection, Law Number 17 of 2023 concerning Health, and the Regulation of the Indonesian Food and Drug Authority. The results of the study show that BPOM has a role in pre-market and post-market supervision of skincare products. However, there are still gaps in the supervision system that cause products with inconsistency in claims to continue to circulate and harm consumers. This study recommends strengthening the supervision and law enforcement mechanisms for business actors and the Indonesian Food and Drug Authority in order to ensure more effective consumer protection and prevent similar cases from recurring in the future
Legal Analysis of Product Use with Brand Name Riding in Ternate City, Indonesia Ibrahim, Mardia; Laode, Muhammad Taufik; Ikrima, Nur Aida; Budiono, Arief
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.v5i5.1980

Abstract

This paper is entitled “Legal Analysis of Product Use with Brand Name Riding in Ternate City”. The existence of a brand has a major impact on business competition as well as on improving economic standards. This research analyzes the use of products that piggyback on the names of well-known brands. This study uses socio-legal research which is a combination of two methods in the form of dogmatic legal research and empirical research. Results show that products that piggyback on well-known brand names is a manifestation of bad faith as well as damaging reputation and deceiving consumers. Several Indonesian regulations prohibit such actions. Although the ban on piracy, counterfeiting, and the commercialization of goods resulting from IPR violations, including trademark piggybacking, should serve as a deterrent against trademark infringement, issues like business actors' ignorance of the law and the imitation culture continue to impede effective law enforcement. The legal ramifications of trademark infringement by piggybacking on brand names then refer to different effects or outcomes that may occur as a result of breaking the law or committing illegal conduct.
Legal Protection of Copyrighted Dance Works as an Effort to Preserve Culture in Karawang District Pratiwi, Dwi Nuraeni; Rahmatiar, Yuniar; Abas, Muhamad
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.v5i5.1983

Abstract

An exclusive right that is born automatically inherent in a creator of a copyrighted work that has a real form by way of declaration is called copyright.  Regarding the art of dance is a creative work of gesture derived from the process of thinking and imagination gained from experience processed based on the ability and skill which is then realized into a real form. The legal basis for the protection of dance artworks is Law Number 28 of 2014 concerning Copyright. The identification of the problems of the research that the authors have carried out, namely about how the form of legal protection of copyrighted works of dance art in law - law number 28 of 2014 on copyright and how efforts made by dance artists in Karawang Regency to protect copyrighted works of dance art. In conclusion, among dance artists in Karawang Regency, Law Number 28 of 2014 concerning Copyright has not been implemented so that dance artworks in Karawang Regency have not been maximally protected, this is due to the lack of awareness of Karawang Regency dance artists to protect their work. So, further socialization is needed regarding the form of legal protection of copyrighted dance works regulated in Law Number 28 of 2014 concerning Copyright
Legal Dynamics Against E-Commerce Couriers Who Commit Default on the COD System Wardhono, Agus; Syahmi, Taffy Faiq; Prawesthi, Wahyu
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.v5i5.1985

Abstract

The growth of e-commerce in Indonesia has given birth to new innovations, namely Cash On Delivery (COD) which is currently popular, but still causes various problems. This study aims to analyze the status of couriers as intermediaries between buyers and sellers in online transactions with the COD system, as well as their legal responsibilities when a default occurs. Using a normative legal research method, this study examines that couriers operate under the legal umbrella of Article 1800 of the Civil Code as parties exercising power on behalf of the shipping service company, which previously received power from the seller (Article 1792 of the Civil Code). The legal relationship between the seller and the courier is an agency relationship where the seller is the principal and the courier is the agent. COD transactions are considered valid based on Article 1458 of the Civil Code which requires an agreement on the object and price of the goods. This study reveals an inequality in legal protection for couriers, as seen in the viral case of a courier who was fined IDR 500,000 for the issue of IDR 700 change, even though he had shown good faith by trying to return the remaining money
Legal Protection for Victims of Sexual Violence Categorized as Disabled (Decision Number 59/Pid.B/2024/PN.Mbn) Ismayanti, Eli; Gagarin Akbar, Muhammad Gary; Abas, Muhamad
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.v5i5.1996

Abstract

The incidents of sexual violence against individuals with intellectual disabilities highlights how the legal system should play a more comprehensive role in providing protection, particularly in terms of restitution US part of victim recovery. This study aims to examine the legal protection mechanisms for victims of sexual violence based on existing legislation and to analyze its implementation for individual with intellectual disabilities, US reflected in Decision No. 59/Pid.B/2024/PN. Mbn. Using normative juridical methods and a case law approach, this research evaluates the consistency between legal norms and judicial practice. The findings indicate that although the regulations mandate restitution, in this case, it was note granted due to the absence of a formal request from the victim, despite the fact that the victim, as an individual with an intellectual disability, requires a more active legal protection mechanism. This gap underscores the need for reform in judicial approaches, where judges should proactively determine restitution without relying on victim petitions, alongside enhanced coordination between law enforcement authorities and social institutions to ensure that victims receive comprehensive legal protection, including psychological and social recovery
The Role of Alternative Dispute Resolution Institutions in the Financial Services Sector in Resolving Insurance Disputes Arista, Tia; Wardhani, Novea Elysa; Evi, Evi
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.v5i5.1999

Abstract

The Alternative Dispute Resolution Institution in the Financial Services Sector (LAPS-SJK) is an institution that facilitates dispute resolution through non-litigation channels with the principles of justice and efficiency. The purpose of this study is to determine how to resolve insurance disputes through Mediation and Arbitration services at LAPS-SJK such as the Regulations and Procedural Process briefly. This study uses a normative legal research method with qualitative data analysis techniques, then the results of the study are presented in a scientific paper that describes the role and mechanism of LAPS-SJK in resolving insurance disputes. The research results show that although LAPS-SJK aims to provide affordable fees, until now there has been no transparency regarding the fee structure charged for various types of disputes which can be an obstacle for less fortunate parties. This study also shows that dispute resolution through Mediation and Arbitration can be an effective solution to reduce insurance disputes in Indonesia. It is important to increase socialization regarding this mechanism so that more parties use the existing alternative dispute resolution
Application of Fiqh Rules on the Intention of “AL-UMURU BIMAQASHIDIHA” in Islamic Family Law Masduki, Masduki; Somawinata, Yusuf; Hidayat, Ahmad
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.v5i5.2000

Abstract

Islamic law is built on arguments and rules, both those originating from revelation and the ijtihad of scholars. Although a law is determined based on arguments or rules of ijtihad, in fact scholars base it on the arguments from the revelation. Qawa'id fiqh is the result of ijtihad of scholars in compromising the will of the law maker (ash-Syari') in the reality of human life. One of the main rules in Islamic law is the principle of alumuru bimaqshidiha, all actions depend on the intent and intention of the perpetrator. This rule is very important in every aspect of Islamic law, both worship and muamalat, including in Islamic Family law, both concerning marriage, divorce, wills and other contracts. So that all actions of a person will ultimately get according to what he intended.
Collaborative Governance to Prevent Child Sexual Abuse in Bogor Households Wira, Ariski; Silitonga, Mala Sondang
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.v5i5.2010

Abstract

This study examines collaborative governance strategies in preventing child sexual abuse within household settings in Bogor Regency. The increasing rate of child sexual violence indicates weaknesses in protection systems and suboptimal coordination among stakeholders. Collaboration among local governments, educational institutions, law enforcement, civil society organizations, and families is the primary focus of this research. A qualitative approach was employed to explore the dynamics and effectiveness of inter-actor collaboration in addressing the complexity of child abuse. The Ansell & Gash collaborative governance model serves as the analytical framework, encompassing initial conditions, institutional design, facilitative leadership, and collaboration processes. Findings reveal that existing collaborations are not yet fully integrated, hindered by low public awareness, weak intersectoral coordination, and unequal access to rehabilitation and reporting services. Proposed prevention strategies include institutional capacity strengthening, establishment of formal coordination mechanisms, and enhancement of community literacy on child sexual violence. These findings offer significant contributions to collaborative governance practices in addressing complex social issues and provide a replicable model for regions with similar characteristics
Determination of Disiplinary Penalties for Civil Servants for Divorce Permin Violations Gayatri, Paramita Dewi; Widarto, Joko; Juanda, Juanda; Subiyanto, Achmad Edi
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.v5i5.2012

Abstract

This research is a normative research that focuses not only on examining secondary materials but also primary materials. The approach method used is laws and regulations and cases. The purpose of this study is to determine the determination of the imposition of types of disciplinary penalties, especially violations of divorce permits within the Ministry of Finance. Based on Article 41 of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline, if a violation of marriage and divorce permits is subject to one type of severe disciplinary punishment. The results showed that the Ministry of Finance in determining the type of disciplinary punishment is based on weighting first before getting the main value as outlined in Minister of Finance Regulation Number 123 of 2023 concerning Procedures for Examining Disciplinary Violations and Imposition of Disciplinary Penalties within the Ministry of Finance. In the weighting, it has also considered the elements of lightening and aggravating as stated in the Regulation of the State Personnel Agency Number 6 of 2022 concerning Implementation Regulations of Government Regulation Number 94 of 2021 concerning Discipline of Civil Servants
Differentiation of Criminal Sanctions in Cases of Violence Against Children Febrina, Mirani; Fatmawati, Nynda
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.v5i5.2015

Abstract

Violence against children continues to be a pervasive problem in Indonesia, encompassingboth physical and psychological dimensions. However, current legislation, including LawNo. 35of 2014 on Child Protection, lacks clarity in distinguishing between these two forms of violence. Thisnormative legal research explores the urgency of distinguishing physical and psychological violence from a legal perspective. By analyzing existing Indonesian laws, relevant jurisprudence, and international legal frameworks, this paper argues that a legal distinction is necessarytoensure effective legal protection, proportional criminal sanctions, and adequate lawenforcementresponses. The study recommends legislative reform to explicitly recognize andaddresspsychological violence as a distinct offense, ensuring parity in the legal treatment of all formsof child abuse

Page 74 of 106 | Total Record : 1054

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