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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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Dispute Resolution Between Patients And Perpetrators Who Provide Access To The Contents of Electronic Medical Records (RME) Unlawfully Hawreyvian Rianda Seputra; Imam Ropii; Carolina K; Marsudi Dedi Putra
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.v5i6.2358

Abstract

This study aims to describe and analyze the form of violation of the law committed by the perpetrator who gives unauthorized access to the content of RME documents that cause disputes with patients and analyzes the dispute resolution mechanism due to the violation of the law that harms the patient. The research method used is normative juridical with legislative, conceptual, and case approaches, and is supported by secondary data in the form of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that: 1) Forms of violation of the law committed by perpetrators who provide unauthorized access to the contents of RME documents include opening, sending, or disseminating patient medical record data without consent or a valid legal basis, which is contrary to Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, and Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records,  so as to cause both material and immaterial losses for patients; 2) Dispute resolution due to violations of the law by the perpetrator who gives unauthorized access to the contents of RME documents that are detrimental to the patient can be pursued through civil law on the basis of Article 1365 of the Civil Code, where the patient has the right to file a lawsuit for compensation for unlawful acts, as well as non-litigation settlements such as mediation within the hospital or through alternative dispute resolution institutions,  However, the effectiveness of protecting patients' rights depends heavily on the implementation of an adequate data security system, health facilities' compliance with regulations, and the legal awareness of actors in maintaining confidentiality and protection of patient data.
Justice and Justice: A Study of the Role of Judges in Answering Society's Need for a Fair Law Taqwanda Aulia Mahfud; M. Syahrul Borman
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.v5i6.2360

Abstract

Abstract: Law enforcement in Indonesia still faces serious challenges in realizing substantive justice for all levels of society. Inequality in the implementation of the law is often seen in the tendency of the justice system to be more repressive towards the lower classes, while structural crimes such as corruption are difficult to touch optimally. This study investigates the strategic position of judges in addressing society’s demand for equitable law, utilizing a normative juridical lens supported by the Systematic Literature Review (SLR) method. The findings suggest that judges are not merely executors of legal norms, but autonomous agents tasked with interpreting and embodying the living values of justice within society. As Friedman posits, the synergy among legal substance, structure, and culture is essential to ensure the law operates effectively within its sociocultural context. Judges are required to have integrity, professionalism, and social sensitivity in shaping decisions that reflect justice, not mere formal legality. Thus, a judicial paradigm reform is needed to ensure that the law becomes a tool for just and civilized social transformation.
The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing Hanafi, Muhammad Amin; Konoras, Isyana Kurniasari; Pontoh, Pangeran Bintang Putra S; Farid, Achmad Miftah
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2366

Abstract

The title of this paper is “The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing”. The object of this research is the action to settle illegal fishing by Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate. This paper aims to analyze the how this Technical Implementation Unit settles the illegal fishing crimes in Ternate as well as the factors that influence their actions in handling illegal fishing crimes in Ternate. This paper employed the sociological legal research method which studies and analyzes the legal behavior of individuals or communities, in relation to the law and the data sources used come from primary data. It employed the the conceptual approach, the statute approach, and the case approach. Results showed that the Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate resolves illegal fishing crimes namely by carrying out supervision, outreach to fishermen, carrying out routine patrols, verification and validation and carrying out investigations. The factors that influence their actions include the lack of human resources infrastructure facilities and the failure to achieve targets
Illegal Trade of Traditional Alcoholic Beverage (Tuak) within the Jurisdiction of Lamandau Police Resort Edy Conceciao, Michael; Kristanto, Kiki; Januardy, Ivans
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2376

Abstract

The illegal trade of traditional alcoholic beverage tuak in the jurisdiction of Lamandau Police Department, Central Kalimantan, reflects a complex socio-legal phenomenon, especially when local cultural practices intersect with formal legal systems. Once a cultural symbol in Dayak society, tuak has transformed into an unregulated commercial commodity, contributing to rising crime rates, public disorder, and health risks. This study employs a juridical-empirical and descriptive-analytical approach to examine the effectiveness of law enforcement against illegal tuak distribution. Findings indicate that weak regulatory oversight, the absence of specific local regulations, and strong cultural acceptance are key obstacles in controlling its spread. This article recommends the establishment of a Local Regulation (Peraturan Daerah) grounded in restorative justice, cross-sectoral collaboration, and community-based educational strategies rooted in local wisdom to address the issue comprehensively.
Dispute Resolution In Online Sales And Purchase Agreements On E-Commerce Shopee Afrina, Dhea Nur; Siregar, Hamdan Azhar
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2386

Abstract

This research aims to analyze dispute resolution in online sales agreements, focusing on a case study of PT Shopee Indonesia. In an increasingly digital era, online transactions have become an integral part of daily life, making it essential to understand effective and fair dispute resolution mechanisms. The methodology employed in this study is a qualitative approach with descriptive analysis, involving the collection of primary data through interviews and observations, as well as secondary data from relevant literature. From the analysis conducted, it is recommended that online sales agreements be drafted more clearly, dispute resolution mechanisms be improved to enhance efficiency, and the implementation of consumer protection laws be strengthened. With these measures, it is hoped that a fairer and more satisfying e-commerce environment can be created for all parties involved. The findings indicate that online sales agreements possess a sufficiently strong legal standing; however, there are still several provisions that require clarification to ensure fairness for all parties involved. The existing dispute resolution mechanisms, while adequate, face challenges in terms of efficiency and transparency. This research also highlights the importance of consumer protection law in safeguarding consumer rights in online transactions
Legal Implications of the Assignment of Trademark Ownership in Franchise Agreements Aulia, Irza Akhlis; Santoso, Budi
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2391

Abstract

Franchising is a business model that heavily relies on trademarks as the primary identity and asset in the relationship between franchisors and franchisees. One of the legal issues that frequently arise in practice is the change or transfer of trademark ownership, which can significantly impact the continuity of franchise agreements. The transfer of ownership without clear regulations can create legal uncertainty for franchisees, particularly concerning their rights to use the trademark and the sustainability of their businesses. Therefore, this study aims to analyze the legal implications of trademark ownership transfers in franchise agreements based on the regulations applicable in Indonesia, such as Law No. 20 of 2016 on Trademarks and Geographical Indications and Government Regulation No. 42 of 2007 on Franchising.This research employs a normative legal research method using a statutory and conceptual approach. The findings indicate that the lack of clear regulations regarding the transfer of trademark ownership in franchise agreements can lead to various issues, including changes in business policies by the new owner, unilateral termination of the franchise relationship, or even the loss of franchisees' rights to use the developed trademark. These issues pose financial risks and business uncertainty for franchisees. To mitigate these problems, franchise agreements must include explicit clauses governing the mechanism for trademark ownership transfer to protect franchisee rights and interests.This study recommends strengthening franchising regulations with more specific provisions regarding trademark ownership transfer and encouraging stricter supervision by the Directorate General of Intellectual Property (DJKI). By ensuring greater legal certainty, it is expected that the franchise system in Indonesia can develop more transparently and fairly while providing optimal protection for all parties involved in franchise agreements.
Legal Protection And Certainty Over The Implementation Of Emergency Interim Relief In The Arbitration Dispute Resolution Process In Indonesia Sulistiono, Sandy; Octarina, Nynda Fatmawati
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2397

Abstract

This study explores the urgency and legal framework of Emergency Interim Relief (EIR) in Indonesian arbitration law, emphasizing its role in safeguarding parties’ rights and ensuring legal certainty in urgent disputes. EIR, as a temporary measure issued before a full arbitral tribunal is constituted, is crucial for preventing irreparable harm such as asset dissipation or evidence destruction. Although Law No. 30 of 1999 grants tribunals the authority to issue interim measures, its lack of explicit enforcement mechanisms historically limited their effectiveness. The issuance of Supreme Court Regulation No. 3 of 2023 (PERMA 3/2023) marks a significant development by providing procedural clarity, mandating court registration of interim orders, and introducing fixed timelines for enforcement, including for foreign awards. These reforms align Indonesian arbitration practice more closely with international standards and enhance its attractiveness as a dispute resolution hub. However, limitations remain, notably the narrow scope of PERMA 3/2023, which primarily addresses security seizures, and uncertainties regarding the enforceability of emergency awards under institutional rules such as the 2025 BANI Rules.
Formal Legality of the Status of the Fitrah Zakat Amil Committee of the Mosque in Tanjung Morawa B Village, Tanjung Morawa District According to Zakat Regulations in Indonesia Iqbal, Muhammad Nur; Herisiswan, Herisiswan; Yamamah, Ansari
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2404

Abstract

Islamic law regulates zakat during the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . Zakat has been managed by amil zakat since the time of the Prophet Muhammad SAW and the Khulafaurrasyidin . One example is when the Prophet Muhammad SAW sent Muadz bin Jabal to Yemen, where he collected zakat from the people while he was governor of the country. The purpose of this study is to determine the understanding of the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District regarding the process of appointing amil zakat. To determine the authority of appointing amil zakat according to Zakat Regulations in Indonesia and to determine the legality of the status of the manager of amil zakat mosques in Tanjung Morawa B Village, Tanjung Morawa District according to Zakat Regulations in Indonesia. The research method used in this discussion is a qualitative research method. The approach used by the author in discussing this research is an empirical or sociological approach . The data collection method used by the author is by means of field observation and reviewing the data sources that the author mentioned, namely primary, secondary, and tertiary. The results of the study show that the process of forming the amil zakat fitrah committee in Tanjung Morawa B Village, Tanjung Morawa District , was carried out at the end of the month of Ramadan by holding a gathering or meeting to determine the amil zakat fitrah committee for that year, and the tradition in Tanjung Morawa B Village, that the amil zakat fitrah committee does not change every year unless someone moves house or has passed away . The formation of the amil zakat fitrah committee for the Mosque in Tanjung Morawa B Village, Tanjung Morawa District can be said to be illegal. Because it does not submit according to procedures according to Law Number 23 of 2011, Government Regulation Number 2014, and BAZNAS Regulation Number 2 of 2016
Implementation of Law Number 8 of 1999 on Consumer Protection in Online Buying and Selling Practices: A Maqashid Shariah Perspective Nilfatri , Nilfatri; Syukri, Ahmad; Ramlah, Ramlah
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2414

Abstract

Abstract: This study examines the implementation of Law Number 8 of 1999 concerning Consumer Protection (UUPK) in online buying and selling (e-commerce) practices from a Maqashid Shariah perspective. The background of the study arises from the rapid development of digital transactions that have brought challenges to consumer protection, such as online fraud, product discrepancies, delivery delays, and misuse of personal data. This study used a qualitative descriptive approach with an empirical juridical method, involved interviews with the Department of Industry and Trade of Jambi Province and the Indonesian Consumers Foundation (YLKI) of Jambi Province, and was complemented by a literature review. The results of the study show that the principles of consumer protection in the Consumer Protection Law (UUPK) show substantial alignment with the objectives of Maqashid Syariah, particularly in preserving property (hifz al-mal), life (hifz al-nafs), and dignity (hifz al-‘ird). However, the UUPK still has weaknesses in responding to the characteristics of digital transactions, including the absence of specific regulations on electronic commerce, weak law enforcement based on digital evidence, limitations in the function of Consumer Dispute Settlement Agency (BPSK), the lack of regulation on personal data protection, the minimal obligation of transparency for online business actors, and the insufficient adaptability to new digital business models. This study recommends revising the Consumer Protection Law (UUPK) to be more responsive to technological developments, strengthening consumer dispute settlement institutions, synchronizing regulations, and enhancing public legal literacy based on the principles of justice and welfare according to Maqashid Syariah. (time new roman, size 12, space 1)enter 1 xKeyword: Consumer protection, Online trading, Consumer protection law (UUPK), Maqashid syariah, E-commerce.
Legal Certainty For The Judiciary That Is Authorized To Adjudicate Corruption Cases That Occurred In Basarnas RI Putra, Reza Alamsyah; Arafat, Zarisnov; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2419

Abstract

Article 42 of the Corruption Eradication Commission Law grants the KPK (Corruption Eradication Commission) coordinating authority to oversee the investigation, inquiry, and prosecution of corruption crimes jointly committed by legal subjects under the jurisdiction of both military and general courts. The normative juridical research method, as a legal research approach, bases its analysis on literature review or secondary data sources as the primary foundation of the study, conducted through an in-depth examination of legal regulations and various literature references relevant to the issue under review. Based on an analysis of the relevant statutory provisions, it can be concluded that the Basarnas corruption case involving military personnel should be adjudicated by the Corruption Court, with several legal considerations. The Corruption Court is the competent body to try corruption cases within the National Search and Rescue Agency of the Republic of Indonesia, while maintaining institutional coordination between the KPK and the Indonesian National Armed Forces (TNI) as mandated by the Constitutional Court's decision. An in-depth analysis of the applicable statutory provisions indicates that the legal provisions regarding jurisdiction over corruption cases involving military personnel have undergone a paradigmatic shift from a personal jurisdiction approach to a subject matter jurisdiction approach. Based on this ruling, and considering that the Basarnas corruption case was initially investigated and discovered by the KPK, the Corruption Court is the competent body to adjudicate the case, including that of Air Marshal Henri Alfiandi as an active member of the TNI.

Page 87 of 106 | Total Record : 1054

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