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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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The Strong Influence of Nepotism on Corruption On The Buying of Positions In The Reason of Government Gusman, Delfina
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.v4i3.352

Abstract

Corruption has even become a bad habitdamage cornerstones of life in society and pollute the integrity of the nation. The widespread abuse of authority by state parties or officials in government agencies has become a culture aimed at increasing their wealth and even seeking promotion through nepotism. Nepotism is the tendency to prioritize (benefit) one's own relatives, especially in positions and ranks within the government. Nepotism in practice encourages people to do something or not do something as a shortcut to realizing personal benefits in the future through closeness to people who have positions in the agency. The strong influence of nepotism on the buying and selling of positions in the government domain has real detrimental impacts (actual loss). This research is legal research (doctrinal research) with a conceptual approach (conceptual approach), the legal approach (statues approach). The results of this research explain that the practice of nepotism which is part of criminal acts of corruption is very dangerous for the existence of the state, one of which is the integrity of the nation. Cases of nepotism that result in buying and selling positions often occur in government agencies due to greed and weak development supervision and the impact of state losses can be said to be real (actuall loss).
Food Estate Policy in Humbang Hasundutan Regency, North Sumatra Province, from the Perspective of Maslahah Mursalah Caniago, Addri; Nurasiah, Nurasiah
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.v4i3.353

Abstract

Maslahah mursalah refers to an entity or thing that is rationally beneficial, given its potential to benefit mankind or prevent its damage. The implementation of the Food Estate policy in Humbang Hasundutan Regency, North Sumatra Province is one example. The main objective of this analysis effort is to analyze the implementation of the Food Estate policy in the Humbang Hasundutan District. Farmers provided primary data, and secondary data were extracted from supporting literature for this study. Data collection methods included interviews and documentation. The results of this study can be concluded that the food estate policy is considered unsuccessful due to the lack of training and socialization assistance provided by the government to farmers, the initially hard land must be plowed so that it becomes peatland and takes a long time, the extreme weather in Humbahas which is erratic, the lack of knowledge of farmers in managing food estate, and the lack of supporting facilities for farmers in managing land.
Law Enforcement for Fraud Offenders on behalf of Banks Through Online According to Islamic Criminal Law Putra, Rabullah; Dintara Lubis, Syaddan
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.v4i3.354

Abstract

This research aims to find out the modus operandi of criminal fraud on behalf of banks through online, to find out law enforcement for fraud perpetrators on behalf of banks through online at the North Sumatra Regional Police, and to find out the review of Islamic criminal law in fraud cases on behalf of banks through online. This research uses a qualitative empirical research strategy in the field of law. Interviews with members of the North Sumatra Regional Police became the main data source, while literature surveys of online journals, papers, and articles related to fraud legislation became secondary data. Data reduction, data presentation, and conclusion drawing are the three stages of qualitative data preparation. Article 378 of the Criminal Code can be used to regulate the crime of online fraud, according to the above study. To strengthen the legal basis, Article 28 paragraph (1) of the ITE Law can be followed. Islamic criminal law, which is based on hadith and the Quran, does not provide clear guidelines on how to deal with internet fraud involving banks. Islamic law includes general principles that should be followed, and their application depends on the interpretation of local scholars or religious authorities. In the case of online fraud on behalf of a bank, which is included in the crime of fraud, it can be subject to ta'zir punishment such as a stern warning, a material fine whose amount is adjusted to the victim's loss, imprisonment, flogging, or also exile from society for a while.
Legal Liability of Business Operators For Beauty Products Containing Hazardous Chemicals Elvia Rahmawati; Miftakhul Huda; Ian Firstian Aldhi
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.v4i3.357

Abstract

This study aims to analyse the liability of business operators for beauty products containing hazardous chemicals. This normative legal research employs methods including a statutory approach to examine relevant laws and a case-based approach to analyse real life instances of non-compliance. Findings reveal that despite strict regulations, enforcement challenges persist, leading to potential health risks for consumers. The study emphasizes the legal responsibilities of business operators to compensate for damages caused by non-compliant products, as outlined in Law No. 8 of 1999 on Consumer Protection. The research concludes that the resolution of consumer dispute cases can be settled through the Consumer Dispute Settlement Agency (BPSK) in three stages: mediation, conciliation, and arbitration, where the decisions made are final and binding. Besides resolution through BPSK, consumer dispute cases can also be resolved through litigation, which typically incurs more costs and takes more time compared to resolution through BPSK. Alongside proactive consumer actions to report hazardous products to regulatory bodies. This comprehensive approach ensures consumer safety and upholds legal standards within the beauty industry.
Resolution of Business Disputes in the Aviation Industry: The Role of Law and Arbitration Suryawan, Ryan Firdiansyah; Sungkono; Endah Yuniarti
Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i1.358

Abstract

The purpose of this study is to explore the legal framework governing dispute resolution, examine the practice of using arbitration, identify the challenges faced, and provide recommendations to improve the effectiveness of business dispute resolution in the aviation industry. Conduct a review of the relevant literature to understand the legal framework governing business dispute resolution in the aviation industry, as well as practices and trends in the use of arbitration. Analyze data obtained from literature studies, case analysis, and, trends, and findings relevant in the context of business dispute resolution in the aviation industry. The role of arbitration law and implementation in the resolution of business disputes in the aviation industry is of significant importance. Law governs operational aspects and handles conflicts, while arbitration offers efficient and transparent solutions. The focus on investment risk prevention, regulatory updates, and negotiation methods demonstrate efforts to improve a conducive business environment. Consumer protection and law enforcement are necessary to ensure fairness for all parties. Thus, efforts to increase the role of arbitration law and implementation can bring great benefits in the aviation industry.
Legal Aspects in Business Alliances and Strategic Partnerships Between Airlines Suryawan, Ryan Firdiansyah; Juliater Simarmata
Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i1.359

Abstract

The research explores the role of law in governing business alliances and strategic partnerships in the aviation industry, analyses its legal framework, its business implications, and provides policy recommendations. Qualitative methods are used by summarizing findings from several international scientific journals. The findings highlight legal aspects such as antitrust regulation, consumer protection, and liability towards employees. The importance of regulatory compliance for safe and fair operations is highlighted, as well as periodic reviews of legal responses. By strengthening understanding and implementation of legal aspects, the aviation industry can better address future challenges and safeguard the interests of stakeholders.
Settlement of Customary Law Community Land Disputes in Byosi Village Keerom Regency Perspective of Regulation of the Minister of State for Agrarian Affairs/KBPN Number 5 of 1999 James Yoseph Palenewen
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.v4i3.360

Abstract

Customary land disputes occur in customary law communities in Byosi village, Keerom Regency, where customary land ownership often overlaps in the same location or place and can be owned by two or more people. This is what causes problems and there are disputes over customary land between customary law communities. The aim of this research is to determine the resolution of disputes over overlapping customary land ownership among customary law communities in Byosi Village, Keerom Regency. This research method is normative juridical and empirical, a research method that refers to legal norms contained in statutory regulations, library materials, written regulations or other legal materials that are secondary in nature and also realities that occur in the midst of Byosi traditional law community, Keerom Regency. The results of this research reveal that the resolution of disputes over overlapping customary land ownership in Byosi Village was carried out using deliberation which was chosen because it suited the character and way of life of the traditional law community in Byosi Village which was familial in nature, compared to resolving disputes through court institutions which tended to be confrontational in nature. , takes more into account winning and losing, takes into account more realistic aspects and ignores the social elements in traditional communities which are familial in nature.
Ownership Patterns of Land Rights from the Perspective of Customary Law Communities in Waropen Regency Papua Province Daniel Tanati
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.v4i3.361

Abstract

Ownership of land rights in the Waropen customary law community is very important because the land is a legacy of their ancestors which is used to meet their daily needs. The aim of this research is to find out more about land ownership rights from the perspective of the Waropen customary law community. The approach used is empirical, which looks directly at the reality that occurs among the Waropen traditional law community regarding ownership of land rights which are considered a legacy from their ancestors and are used to meet their daily needs. Data obtained from field observations, both primary and secondary, are then analyzed systematically so that the data can be accounted for. The results of this research reveal that the Waropen Indigenous people recognize 2 (two) types of land rights, namely ownership rights and use rights. Residents of the Waropen indigenous community can have property rights in the form of individual rights, family property rights which are the same as household property rights, and clan property rights or customary rights. Property rights in the Waropen language are called Mipena (Sanggei Village) or Risanau. Mipena or risanau in the traditional concept is originally a former garden. Former garden land refers to ownership of land or an area that is owned. Meanwhile, the right to use is the right to use or collect proceeds from land controlled by the state or land owned by another person, based on a mutual agreement between the land owner and the person who will use the land. In the Waropen indigenous community, this right of use can be differentiated into several groups of users of land rights, including the right to use for fellow Waropen people, this transfer is facilitated by the Government, the right to use for pastors, evangelists, teachers, health workers who come to dedicate themselves in the Waropen area and use rights are also given to traders from Bugis, Makassar, Java and Toraja as a place to carry out business activities.
Actualization of Pancasila Justice Values In Regarding Wage Regulations In Realizing Social Welfare Irham Rahman; Restu Adi Putra; Dominikus Rato; Ahmad Basarah
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.363

Abstract

Indonesia is a country of law and upholds the values ??of justice, as justice is outlined in the fifth principle, namely social justice for all Indonesian people. Apart from that, the state also plays a role in improving the welfare of the people, namely ensuring that people get decent work and wages through regulations regarding wages. The latest regulations regarding wages are contained in Government Regulation (PP) No.51 of 2023 concerning Amendments to PP No.36 of 2021 concerning Wages. The problem is that the values ??of justice and existing regulations often conflict and these regulations do not even have justice values ??in accordance with the character of Pancasila. So the problem is formulated whether the values ??of justice have been actualized in wage regulations in Indonesia. This type of research uses a normative juridical research method, namely studying norms through literature and a research approach using a statutory approach, a conceptual approach and a historical approach. The research results show that based on the emergence of new regulations, namely Government Regulation (PP) No. 51 of 2023 concerning Amendments to PP No. 36 of 2021 concerning Wages, there are several changes in determining minimum wages in each region and it is hoped that these changes will be able to actualize the values ??of social justice for all Indonesian people.
Optimizing Social Work and Restorative Justice In Overcoming Overcrowded Correctional Institutions Budi Prayogo, Sutras; Asyahadi, Farhan; Abas, Muhamad
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.v4i3.364

Abstract

The legal culture of society in Indonesia assumes that providing sanctions or punishment for perpetrators of crimes until they are sent to detention is the easiest method and provides satisfaction for the victim. Crime itself is a social control institution that is linked to and always reflects the values and structure of society, so that it is a symbolic reaffirmation of violations of the collective conscience. In the view of researchers, restorative justice and human rights are one unit because it is law that embodies human rights values. We must ensure that the orientation regarding corrections must of course be in line with the conceptual change in the goals of corrections from the concept of retribution towards the concept of rehabilitation.

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