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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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Legal Protection For Consumers Against The Exoneration Clause On The Goods Stated If The Goods Are Broken Or Damaged Is The Same As Buying In The Review Of Law Number 8 Of 1999 On Consumer Protection Simarmata, Judika; Wijaya, Andika; Sanggalang, Rizki Setyobowo
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2070

Abstract

An exoneration clause is a part of a contract that contains a provision that transfers responsibility from a creditor or business actor to another party. the basis for the creation of this clause is the principle of freedom of contract, which gives the parties the right to determine the content of their agreement. legal protection for consumers is very important to create a fair and balanced relationship between consumers and businesses. in indonesia, Law No. 8 of 1999 on consumer protection has been widely recognized, both in practice and in theory. this study aims to examine the legal responsibility in protecting consumers from exoneration clauses that are considered harmful and override the responsibility of business actors and the role of consumer protection agencies in enforcing consumer rights against adverse exoneration clauses. this research uses normative juridical research methods, namely research that focuses on the analysis of legal norms that apply in a legal system. this method aims to explore and evaluate legislation, legal doctrine, and existing legal principles, without involving empirical data or field observations. this study concluded that the legal responsibility to consumers is derived from the consumer protection law1 no. 8 of 1999 provides a legal framework to protect consumer rights, including prohibiting the inclusion of adverse standard clauses and forms the role of consumer protection institutions is that they supervise, provide education, and help resolve disputes, as well as encourage changes to stricter regulations.
Legal Liability of Subsidiaries For Unlawful Actions Committed By The Parent Company (Holding Company) In The Structure of A Limited Liability Company Saputra, Hendrik
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2072

Abstract

The group structure of a company consisting of a holding company and a subsidiary company is often used in the business world to expand business activities and manage business risks. In the Indonesian legal system, each limited liability company has the status of an independent legal entity, which means that the legal responsibility of one entity is not necessarily imposed on another entity. However, problems arise when the parent company commits unlawful acts and causes losses, especially if the subsidiary is considered to be involved or a means of implementing the action. This study aims to analyze the extent to which subsidiaries can be held legally liable for unlawful actions committed by the parent company in the limited liability company structure. The method used is normative juridical with relevant legislative approaches, legal doctrines, and case studies. The results of the study show that although the principle of separate legal entities is still recognized, the court can pierce the corporate veil if evidence is found of the dominance of the parent company over the subsidiary as a whole, as well as the involvement of the subsidiary in the unlawful act. Thus, under certain conditions, the subsidiary can be held legally liable if it is proven to have a substantial close relationship with the parent company in the implementation of unlawful actions. These findings reinforce the importance of a strict separation of responsibilities in the corporate group structure, in order to ensure legal certainty and protection for aggrieved third parties.
Inheritance Distribution under Dayak Ngaju Customary Law in the Kedamangan of Jekan Raya, Palangka Raya City (A Case Study of the Decision of the Kedamangan of Jekan Raya District, Palangka Raya City Number 056/DKA-KJR/V/2022) Marselino, Fernando; Wijaya, Andika; Nugraha, Satriya
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2073

Abstract

This article examines the implementation of inheritance distribution based on the Dayak Ngaju customary law through a case study of Decision Number 056/DKA-KJR/V/2022 by the Customary Court of Kedamangan Jekan Raya, Palangka Raya City. The study adopts a juridical-empirical approach by combining normative legal analysis with field observations on how inheritance disputes are resolved within the community. The findings reveal that inheritance settlement among the Dayak Ngaju people is carried out through a customary court forum known as the Kerapatan Mantir Adat, led by Damang and Mantir (customary judges). The dispute in this case arose when the father (Respondent) sold inherited land without sharing the proceeds with his children (Petitioners) as rightful heirs. The resolution process involved stages from pre-conflict negotiation to formal adjudication, emphasizing the principles of deliberation, consensus, harmony, and justice in accordance with Dayak Ngaju customary values. The final decision of the customary court affirmed gender equality in inheritance rights and mandated a fair and equal distribution of the estate. This study underscores the vital role of customary institutions not only in conflict resolution but also in preserving social harmony and sustaining local wisdom within Indonesia’s pluralistic legal system.
Legal Review of Government Regulation No. 56 of 2021 on Copyright Royalties Management for Songs and or Music in Broadcasting Media with Focus on Radio Rustianto, Maulana Yusuf; Yestati, Ariani; Januardy, Ivans
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2079

Abstract

Broadcast media plays an important role in disseminating information, entertainment, and culture to the public. In Indonesia, radio, as one of the oldest and still relevant media, has an important function in promoting musical works, including disseminating copyrighted songs. However, the use of songs on the radio must comply with applicable legal provisions, including the obligation to pay royalties to copyright owners through collective management institutions, such as LMKN based on Government Regulation Number 56 of 2021. This study aims to review the legal regulations related to the use of songs by radio stations within the framework of copyright royalty management, as well as transparent and effective royalty management mechanisms. The method used is normative legal research with an analysis of primary and secondary legal sources related to PP No. 56 of 2021 and Copyright regulations. The results of the study show that the implementation of these regulations has challenges, such as minimal socialization, complex procedures, and limited supervision. However, the implementation of the royalty management mechanism through LMKN can help protect the rights of creators while supporting the interests of the broadcasting industry. The need for increased socialization, a simpler reporting system, and effective supervision are strategic recommendations to ensure the success of song copyright royalty management on the radio.
The Impact of Carbon Tax Law and Green Legal Awareness on The Paris Agreement Compliances With Green Behavior As Mediator Karim, Abdul; Riskanita, Dinda
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2082

Abstract

Paris Agreement is a global environment legal protection that was ratified by many countries, including Indonesia. Government of Indonesia released Law No. 16 of 2016 as legal formalizes Indonesia's commitment to Paris Agreement. Indonesia also released Law No. 7 of 2021 as legal basis for carbon tax to include the pro-environment tax on Indonesia Tax Regulation. In order to evaluate the correlations between the variables, this study uses a mixed-methods technique that combines quantitative surveys with legal analysis. This normative-empirical study focuses on the effects of carbon tax laws and green legal awareness, analyzing how they affect people's green behavior and subsequent adherence to the goals of the Agreement. Normatively, the study examines the moral and legal foundations of carbon taxes as a climate change mitigation strategy, and empirically, it investigates how well these laws influence public opinion. The Simple Random Sampling method was used for collecting the data through a structured questionnaire to 120 executives in Green Certified Logistic Centre and analyzed by Smart PLS 4.0.9.6. It is argued that a key component of converting legal frameworks into concrete actions is green legal awareness, which includes knowledge and comprehension of environmental laws and rights. This study also suggests that the relationship between carbon tax law, green legal knowledge, and Paris Agreement compliance is mediated by green behavior, which includes ecologically conscious decisions and activities. By looking at this mediating function, the study hopes to shed light on how public awareness and legal frameworks might work together to encourage individual acts that support global climate goals.
Strategy for Implementing the New Bandung Integrated Manpower Management Application (New Bimma) in Increasing Employment Opportunities in the City of Bandung Suci Azizah Febriyani; Utang Suwaryo; Dede Sri Kartini
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2090

Abstract

Quality public services are related to continuous innovation. For public sector organizations, innovation is a demand amidst changes in people's lives. In fact, local governments need to innovate to improve the quality of their public services. In Indonesia, the city of Bandung has one of the innovations in overcoming the number of unemployed in the form of the New Bandung Integrated Manpower Management Application or New Bimma. This study aims to examine and analyze the strategies carried out by the Bandung City Manpower Office in implementing New Bimma in increasing employment opportunities. This study applies a descriptive qualitative approach with data collected through observation, interviews, and document studies. The analysis focuses on Mulgan's (2009) strategy theory which contains the stages of purpose, environment, direction, action, and learning. The results of the study show that in general the existing stages show an increase or development even though there are some shortcomings and obstacles.
Problems of Medical Problems of Medical Emergency Law from the Perspective of Abortion Crimes (Government Regulation Number 28 of 2024): Abortion Crimes Leksono, Totok Minto; Yusuf Albar, Mohammad Haris; Bramantyo, Rizki Yudha
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2099

Abstract

Abortion is a highly controversial issue in Indonesia, sparking debates on legal, ethical and moral aspects. In the context of regulatory developments, Government Regulation (PP) No. 28 of 2024, which is the implementation of Law No. 17 of 2023 concerning Health, provides space for abortion in medical emergencies. Medical abortion, also known asMedically Induced Abortion, performed to save the mother's life or prevent serious malformations in the fetus. Criminal Induced Abortionmeans abortion carried out without a valid medical reason and can be subject to legal sanctions. The purpose of this study is to analyze the regulation of abortion in medical emergencies according to PP No. 28 of 2024, identify legal problems that arise during implementation and provide recommendations to improve the effectiveness of the implementation of the regulation. This study uses normative legal research methods to analyze the provisions on abortion contained in the articles of the Regulation. The findings show that this regulation has a major impact on regulating abortion practices, but challenges remain, including unclear regulations and potential violations of patient rights. Therefore, corrective actions are needed to ensure fair, transparent, and efficient implementation of the regulation and to guarantee the protection of women's health rights.
Envisioning Inclusive Justice: Optimizing the Role of Advocates as Officium Nobile in the Provision of Legal Aid Simanjuntak, Timoty Ezra; Situmeang, Jokki Obi Mesa; Riyadi, Aldo Prasetyo; Sipayung, Nico Hermawan
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2104

Abstract

This study examines the role of advocates as officium nobile in realizing inclusive justice through optimized legal aid. It uses a juridical-normative approach with a conceptual and legislative focus, relying on secondary data and qualitative analysis. The study finds that advocates, as officium nobile, have a moral and ethical duty to provide legal aid to those in need, particularly the economically disadvantaged or legally uninformed. Advocates can optimize their role by collaborating with local government officials at the Village and District levels for pro bono activities. The study recommends that advocates with at least 10 years of practice establish and manage a Legal Aid Institution, either independently or with others, to address legal aid challenges in Indonesia. Additionally, the author proposes an alternative scheme where advocates contribute donations, regulated in amount and time, to support the operations of Legal Aid Institutions.
Political Participation of Novice Voters in the Implementation of Regional Head Elections Djama, Sofyan; Mahmud, Ramli; Hamim, Udin
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2105

Abstract

This study aims to examine the forms of political participation among first-time voters during the 2024 simultaneous Regional Head Election in Bone Bolango Regency, with a focus on three main indicators: political campaigns, political discussion, and voting. The research employed a qualitative method with data collection techniques including observation, interviews, and documentation from various sources, such as the General Elections Commission (KPU), Election Supervisory Body (Bawaslu), the National Unity and Politics Agency (Kesbangpol), and the first-time voters themselves. The findings indicate that participation in political campaigns tends to be symbolic; most first-time voters take part due to social influences and peer encouragement rather than a deep understanding of the candidates’ visions and missions. Regarding political discussions, only a small proportion of first-time voters actively engage in conversations about political issues, while the majority remain passive, citing a lack of understanding or interest in politics. In terms of voting, decisions are heavily influenced by family, particularly fathers, who serve as key references in political choices. In addition to participation patterns, this study identifies three primary factors that determine the level of first-time voter engagement: (1) social media, as the main source of political information and digital discussion; (2) political party identification, which shapes loyalty and preference; and (3) family ties, which serve as the dominant influence in political decision-making. These three factors interact to form a distinctive pattern of political participation among first-time voters in Bone Bolango Regency.
The Position of the Heritage Property Center (BHP) in Providing Legal Protection for the Civil Rights of Persons in Custody and the Child in Custody Budiarti, Lilik; Hidayati, Rahmatul; Sunardi, Sunardi
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2106

Abstract

This study uses normative juridical research, using the statute approach, conceptual approach, and historical approach. This thesis is studied to analyze all laws and regulations related to the administration, guardianship, duties and functions of BHP. In order to analyze the position of BHP in providing legal protection for the civil rights of people in custody and children in guardianship, namely as supervisors and guardians. as well as analyzing the legal consequences of a Notary deed or PPAT that contains a determination of custody and guardianship and is not notified or registered at BHP. Legal consequences of the Notary deed or PPAT, the act can be declared to violate Article 418 of the Civil Code, thus the deed can be declared null and void or worthless. So that this of course causes harm to the parties, for that the parties can file a civil lawsuit with a Notary or PPAT to be demanded for compensation for the losses that have been incurred from the making of the deed and can be administratively dismissed. To avoid the problems mentioned above, synergy and cooperation between all parties is needed, the Court, Dukcapil, BPN, Notary and PPAT and the Government also immediately issue a law that clearly regulates the affirmation of the Registration of Court Determination at BHP and strict sanctions if it is violated.

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