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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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Settlement of Title Transfer Process For Sale and Purchase of Certified Land with Unknown Seller in Tulungagung Regency (Case Study of Decision Number 18/Pdt.G/2024/PN Tlg) Mawaddah, Elisa; Navisa, Fitria Dewi; 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.v5i6.2107

Abstract

The objective of this study is to investigate how the process of changing the name of the sale and purchase of certified land is resolved in Tulungagung Regency when the seller's location is unknown, using Decision Number 18/Pdt.G/2024/PN Tlg as a case study. In this research, normative legal methods are employed, incorporating statutory and case analysis, and drawing on sources such as laws, legal principles, and judicial rulings. The findings indicated that even though the sale was carried out without a formal Sale and Purchase Deed, the court ruling effectively validated the transaction. This ruling enables the buyer or their successors to transfer the certificate of title at the National Land Agency. It demonstrates that the legal system can provide assurance to honest individuals involved in land transactions. The study highlights the significance of the judiciary in addressing bureaucratic hurdles concerning land ownership and stresses the importance of public legal education to ensure compliance with regulations when purchasing or selling land.
Legal Legal Efforts for Rehabilitation of Narcotics Crimes Against Narcotics Addicts in Indonesia Febriana, Maria; Mamangkey, Jesicha Yenny Susanty; Albar, Mohammad Haris Yusuf
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.v5i6.2113

Abstract

Abstrak: Rehabilitasi di Indonesia merupakan langkah penting dalam perawatan dan pemulihan pecandu narkotika dan korban penyalahgunaan narkotika, memperbaiki kondisi fisik, mental, dan sosialnya agar dapat berfungsi secara optimal dalam masyarakat. Berdasarkan Undang-Undang Narkotika Nomor 35 Tahun 2009, rehabilitasi dibagi menjadi dua jenis, yaitu rehabilitasi medis yang difokuskan pada perawatan untuk mengatasi ketergantungan narkotika, dan rehabilitasi sosial yang bertujuan untuk mengembalikan fungsi sosial pecandu. Tata cara pelaksanaan rehabilitasi diatur dalam peraturan perundang-undangan terkait seperti misalnya Surat Edaran Mahkamah Agung (SEMA) Nomor 04 Tahun 2010 yang memberikan pedoman mengenai indikasi dan kategori orang yang layak untuk mendapatkan rehabilitasi. Kewajiban untuk melakukan rehabilitasi sebagaimana diatur dalam Pasal 54 Undang-Undang Nomor 35 Tahun 2009 mencerminkan perlindungan hukum bagi pecandu dengan harapan dapat mengurangi dampak negatif narkotika dan mendukung proses pemulihan. Pengajuan permohonan rehabilitasi dapat dilakukan melalui penyidik, penuntut umum, atau hakim dan memerlukan penilaian oleh tim penilai terpadu serta putusan pengadilan mengenai tempat rehabilitasi yang tepat. Meskipun ada peraturan dan pedoman, tantangan dalam pelaksanaan rehabilitasi masih ada, termasuk kurangnya integrasi antara lembaga penegak hukum dan terbatasnya pilihan rehabilitasi. Upaya yang efektif diharapkan dapat meningkatkan kualitas rehabilitasi dan mendukung integrasi sosial pecandu narkoba. Reformasi hukum ini akan meningkatkan respons terhadap pecandu narkoba, termasuk mengakui pecandu narkoba sebagai korban yang membutuhkan rehabilitasi dan bukan hanya pelaku kejahatan, serta memberikan solusi yang lebih manusiawi dan efektif untuk penyalahgunaan narkoba.
The Liability of Digital Banks for Data Breaches Occurring in Account Linkage Pattra, Suvarna Prajna; Kurniawan, Shelly
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.v5i6.2115

Abstract

The rapid growth of the digital banking sector in Indonesia has introduced innovative services such as Account Linkage, which enables customers to conduct transactions through partner platforms. While this feature enhances banking convenience, it also raises significant concerns regarding data privacy and legal accountability in the event of a data breach. This study aims to analyze the adequacy of existing legal frameworks in regulating data protection within Account Linkage services and to determine whether current Indonesian laws provide sufficient legal certainty. Employing a normative juridical research method, the research reviews statutory regulations, financial authority policies, and relevant contractual agreements. The findings indicate inconsistencies between banking law, financial service regulations, and privacy policies concerning the allocation of liability for data breaches. Moreover, the absence of a specific regulation governing Account Linkage contributes to legal ambiguity, placing consumers at greater risk and complicating the accountability of financial service providers. This study concludes that a more robust and comprehensive legal framework is urgently needed to ensure consumer protection, clarify the responsibilities of digital banks, and support fair and transparent financial innovation.
Analysis of Containment Theory on Drug Abuse in a Drug Prone Subcultural Environment : A Study Case of Kampung Muara Bahari Najla, Darin Hana Majid Labibah; Zaky, Muhammad
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.v5i6.2118

Abstract

This research discusses the phenomenon of drug abuse in a drug-prone subculture environment, namely in Kampung Muara Bahari. Subculture values and norms in Kampung Muara Bahari influence individual decisions that affect their self-restraint. The purpose of this research is to analyze the factors that can attract or encourage individuals which lead them to be involved in drug abuse in Kampung Muara Bahari. Viewed through the perspective of Criminology Containment Theory, this research uses a descriptive qualitative approach through data collection techniques with non-participatory observation, semi-structured interviews, and literature study. This research has informants as many as three buyers and drug abusers in Kampung Muara Bahari, one victim, and one North Jakarta BNN staff member. The results showed that the perpetrators were involved in drug abuse because of their weak self-restraint factor so that the perpetrators could easily get involved in illegal drug activities. This phenomenon shows that the perpetrators have weak self-restraint due to the absence of a strong self- concept, material-oriented and short-term goals, subculture, low tolerance for frustration, peer groups, neglect of values and norms to weak supervision in the Kampung Muara Bahari environment.
Legal Risk Assessment in Cross-Border Business Agreements between Regulatory Compliance and Profit Optimization Nugiantari, Ayu Rosita
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.v5i6.2119

Abstract

This study explores the critical role of legal risk assessment in cross-border business agreements, focusing on the balance between regulatory compliance and profit optimization. Using a qualitative approach and literature study method, this research examines existing theories, regulations, and case studies related to legal risk assessment in international business. It identifies eight key risk criteria—ranging from legal system disharmony to regulatory compliance challenges—that influence legal risk assessments in cross-border contracts. The research highlights how differences in legal systems, evolving regulations, and inadequate early-stage risk assessments can create significant risks for companies engaged in international agreements. Furthermore, the study discusses how legal risk assessments can help businesses navigate the tension between compliance with international regulations and the pursuit of profit optimization strategies. By synthesizing insights from academic literature, international legal frameworks, and industry best practices, this study provides a comprehensive framework for integrating legal risk assessments into cross-border business decision-making processes. The findings suggest that companies can achieve sustainable growth by proactively addressing legal risks, ensuring compliance, and optimizing profits in an increasingly complex global business environment. This research contributes to the development of a standardized, adaptive legal risk assessment framework that can be applied across diverse sectors, ensuring both legal integrity and business success.
The Role of Kedamangan in Preventing and Resolving Sexual Harassment Crimes in Pundu Village, Cempaga Hulu Sub-District, East Kotawaringin, Central Kalimantan Hamisyah, Hamisyah; Suriani, Rollys; Pramita, Claudia Yuni
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.v5i6.2122

Abstract

Sexual harassment is a serious crime that requires a comprehensive approach, including local wisdom-based strategies. This study aims to analyze the role of Kedamangan (customary leadership) in preventing and resolving sexual harassment crimes in Pundu Village, Cempaga Hulu Sub-District, East Kotawaringin Regency, Central Kalimantan. The research employs an empirical juridical method with a descriptive qualitative approach. Data were collected through in-depth interviews, participatory observation, and document studies involving the Damang (customary leader), community figures, victims, and law enforcement officials. The findings reveal that Kedamangan plays a strategic role in prevention through customary education, dissemination of moral values, and social supervision rooted in Dayak local wisdom. In resolving cases, Kedamangan applies customary justice mechanisms prioritizing restorative principles, mediation, and communal reconciliation. The resolution process includes traditional rituals, payment of customary fines, and social sanctions aimed at restoring community social balance. Coordination between Kedamangan and formal law enforcement reflects a complementary collaborative pattern. The effectiveness of Kedamangan’s role is demonstrated by high community satisfaction and a low recurrence rate of similar cases. However, challenges remain, including limited understanding of formal legal systems and the need to strengthen the capacity of customary institutions in handling complex cases.
Notary's Authority to Make a Deed of Power of Attorney for a Credit Agreement Without the Consent of the Owner of the Land Rights Certificate Agustin, Dwi; Rochim, Abdul; 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.v5i6.2128

Abstract

This study aims to examine the authority of notaries in making power of attorney deeds in credit agreements without the consent of the land title certificate owner, along with its legal consequences, and legal protection against misuse of power of attorney deeds for additional credit agreements made without the knowledge of the certificate owner. This study is a type of normative legal research using a statutory approach and a conceptual approach. The legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study are: first, Notaries do not have the authority to make power of attorney deeds for credit agreements without the consent of the land title certificate owner; second, the legal consequences for the owner of the land title certificate if there is a misuse of the power of attorney for credit agreements without his/her consent can be in the form of material or immaterial losses; and third, the form of legal protection for the owner of the land title certificate for the misuse of the power of attorney for credit agreements without his/her consent can be taken through legal efforts in the form of: civil lawsuits for compensation, criminal charges on the basis of unlawful acts, and/or complaints to the Notary Supervisory Board for violations of the notary's code of ethics in making power of attorney for credit agreements without the consent of the owner of the land title certificate.
The Effect of Reward System and Human Resource Development on Job Performance with Job Satisfaction as A Mediation on State Civil Apparatus in Human Resource Staff of The Indonesian National Police Kalengkongan, Merlin Enjel; Soeling, Pantius Drahen
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.v5i6.2130

Abstract

The performance of State Civil Apparatus is influenced by many factors originating from the internal and external environments. This study highlights the reward system, human resource development, and job satisfaction as factors that influence the performance of State Civil Apparatus. This study aims to analyze the influence of the reward system and human resource development on job performance with job satisfaction as a mediation in the State Civil Apparatus in the National Police. This study will only highlight the assessment of State Civil Apparatus in the Police Human Resources Staff. The sampling technique used in this study was total sampling, so the sample of this study also totaled 131 people. This study uses a post-positivist paradigm. This study adopts Structural Equation Modeling in the form of Partial Least Square (SEM-PLS) using Smart PLS software. This study concludes that (1) the reward system has a positive effect on job performance (2) human resource development has a positive effect on job performance (3) job satisfaction has a positive effect on job performance, (4) the reward system has a positive effect on job satisfaction, (5) human resource development has a positive effect on job satisfaction, (6) the reward system has a positive effect on job performance through job satisfaction as a mediator, and (7) human resource development has a positive influence on job performance through job satisfaction as a mediator.
The Authority of Notaries in the Preparation of Deeds Concerning Credit Guarantees as a Form of Resolution for Non-Performing Loans Aptaningsih, Ni Made Indah; Senastri, Ni Made Jaya; Jaya Utama, I Wayan Kartika
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.v5i6.2131

Abstract

Non-performing loans pose a serious challenge in the banking sector, especially for Rural Credit Banks (BPR). One of the solutions is through the takeover of collateral or AYDA. This study aims to examine the authority of notaries in the creation of deeds concerning credit guarantees as part of the non-performing loan resolution process. The research method used is empirical with a qualitative approach, through interviews with three notaries/PPAT in the Denpasar area and one notary/PPAT in the Badung area. The data collection techniques used are Purposive Sampling, Interview Technique, Observation Technique, and Documentation Technique. The research results show that notaries are authorized to draft the AYDA deed based on non-performing loan collateral still burdened by a mortgage, based on an agreement between the creditor and the debtor. The debtor must first create a statement letter of collateral surrender to the creditor, which is subsequently followed up by the Notary with the drafting of several deeds for the benefit of both parties, namely the power of attorney, debt settlement agreement deed, sale and purchase deed, sale and purchase binding agreement, and eviction agreement.
Legal Provisions On Breach Of Contract In The Execution Of House Lease-Pawn Agreements In The Perspective Of Article 1238 Of The Indonesian Civil Code Raihan Irsyad, Radja; Alfiany, Temmy Fitriah; Mulyanti, Asti Sri
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.v5i6.2136

Abstract

The practice of house lease-pawn agreements in rural communities is frequently employed as an alternative means of meeting economic needs, often without adherence to formal legal provisions. This study aims to analyze the legal framework governing house lease-pawn agreements under Article 1338 of the Indonesian Civil Code, which embodies the principle of freedom of contract, as well as to examine the legal implications of breach of contract in such agreements pursuant to Article 1238 of the Civil Code. Employing a normative juridical approach, this research incorporates a case study conducted in Kampung Cijambe, Sukabumi City. The findings indicate that house lease-pawn agreements constitute innominate contracts, which are legally valid provided they satisfy the requirements stipulated in Article 1320 of the Civil Code. In instances of breach of contract, the aggrieved party is entitled to seek contract annulment, compensation, and legal recourse through judicial mechanisms. The study underscores the necessity of drafting written agreements that ensure legal certainty and advocates for regulatory reinforcement regarding the practice of house lease-pawn agreements.

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