cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
Kota tangerang selatan,
Banten
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
 88   89   90   91   92 
Legal Liability for the Bankruptcy of a Limited Liability Company Resulting from Unlawful Conduct Laksana, Angelia; Margaret, Felicia; Pradigdo, Yolanda Yuliani; Wuwung, Ivana Cindi Lydia
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.v6i1.2471

Abstract

Abstract: This study explores the legal liability of a limited liability company in the event of bankruptcy arising from unlawful acts committed by its management or controlling parties. The research aims to analyse the extent to which corporate liability can be imposed under Indonesian company law, bankruptcy law, and civil law principles, particularly when the principle of limited liability is challenged by fraudulent or unlawful conduct. Using a normative juridical method, this study examines primary legal sources, including the Indonesian Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, and Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Secondary legal materials, such as books, journal articles, and legal commentaries, are also analysed to provide theoretical support and comparative perspectives. The findings suggest that although the doctrine of separate legal personality protects shareholders from personal liability, exceptions may apply when unlawful acts such as fraud, bad faith, or abuse of corporate structure occur, thereby justifying the piercing of the corporate veil. This study highlights the importance of balancing legal certainty with fairness and accountability in corporate bankruptcy cases which offers recommendations that strengthen creditor protection and ensure directors cannot evade responsibility through corporate formalities. Keyword: limited liability company, bankruptcy, legal liability, unlawful conduct
A Legal Analysis of Simple Verification and Legal Protection for Concurrent Creditors in the Bankruptcy of a Developer (A Case Study of Decision No. 20/Pdt.Sus-Pailit/2022/PN.Niaga.Smg) Safitri, Diana Alpiani; Rahmatiar, Yuniar; 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.v6i1.2479

Abstract

Bankruptcy is a legal mechanism that provides certainty for creditors when debtors are no longer able to fulfill their payment obligations. This study aims to analyze the legal steps that creditors can take against debtors who are in default based on the Cooperation Agreement Deed, as well as to examine the judge's considerations in deciding bankruptcy cases in the Semarang District Court Decision No. 20/Pdt.Sus-Pailit/2022/PN.Niaga.Smg in accordance with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The research method used is normative juridical with a constitutional and case approach. The results of the study indicate that the bankruptcy petition was granted because the bankruptcy requirements were met, namely the presence of more than one creditor and debts that had matured as regulated in Article 2 paragraph (1) of the PKPU Law. The panel of judges emphasized the principle of pari passu pro rata parte and the application of the principle of simple proof based on Article 8 paragraph (4) of the PKPU Law as the basis for their considerations. In conclusion, the application of the principle of simple proof in bankruptcy cases effectively provides legal certainty while guaranteeing justice for the parties.
Juridical Analysis Juridical Analysis Of The Legal Protection Of Children With Special Needs In Inclusive Education Diniati, Siti; Abdillah, Junaidi
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.v6i1.2486

Abstract

Inclusive education is a strategic policy to ensure the right to education for all children, including those with special needs. However, despite Indonesia’s strong normative framework supporting inclusive education, implementation remains uneven. This paper aims to examine the effectiveness of legal protection for children with special needs within the inclusive education system, using SMA Negeri 3 Pangkalpinang as a case study. The study employs an empirical juridical method, combining normative legal analysis with field observations and interviews involving educators, parents, and school administrators. The findings reveal a significant gap between the legal framework and the real conditions in schools. Key challenges include the absence of certified special assistant teachers, inadequate inclusive facilities, and limited awareness among stakeholders. The study concludes that while legal guarantees exist, systemic implementation barriers hinder their realization. Strengthening inclusive education requires harmonized policies, structural support, and a shift in legal culture within school communities.
The Importance of Non Disclosure Agreement (Nda) As a Form of Trade Secret Protection in Foreign Higher Education Consultants in Indonesia Arifardhani, Yoyo
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.v5i6.1597

Abstract

The development of the overseas higher education consulting industry in Indonesia has created a need for effective trade secret protection. This study aims to analyze the effectiveness of Non-Disclosure Agreements (NDA) as an instrument for protecting trade secrets, identify the challenges of their implementation, and formulate strategies to optimize compliance while maintaining employee career mobility. Using normative legal research methods with statutory, conceptual, and case approaches, this study analyzes primary, secondary, and tertiary legal materials related to the implementation of NDAs in the industry. The results show that the effectiveness of NDAs is highly dependent on the clarity of the clause formulation and the monitoring mechanisms applied. The main challenges include the difficulty of defining the boundaries of confidential information, the complexity of proving violations, and the limitations of post-employee monitoring mechanisms. Optimal strategies include the development of a structured knowledge management system, periodic training programs, and incentive mechanisms to encourage compliance. This study recommends the development of a standardized NDA template, strengthening monitoring mechanisms, and continuing education programs to improve the effectiveness of trade secret protection in the overseas higher education consulting industry in Indonesia
The Role of e-Berpadu in Addressing the Lex Imperfecta of Article 143 Paragraph (4) of the Indonesian Criminal Procedure Code Djaman, Riska Pratiwi; Mokoagow, Jemmy; Lasabuda, Hajim; Noerdin, Eldy
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.v6i1.2356

Abstract

This study examines the role of the e-Berpadu system in addressing the lex imperfecta nature of Article 143 paragraph (4) of the Indonesian Criminal Procedure Code (KUHAP), which obliges prosecutors to provide case files to suspects or their legal counsel but prescribes no sanction for non-compliance. The research was conducted at the Kotamobagu District Court using a qualitative approach that combined interviews, observations, document analysis, and focus group discussions. The findings reveal that e-Berpadu enables digital access to case files for legal counsel and supports the fulfillment of the right to information. No significant technical barriers were identified in its implementation. However, the case file access feature is neither a core component of the system’s design nor emphasized in its official dissemination, leaving many defense lawyers unaware of its availability. The study concludes that although e-Berpadu can function as a supplementary tool to ensure access to case files, it cannot substitute the prosecutor’s mandatory obligation under KUHAP
Absolute Jurisdiction Of Arbitration Institutions According To Indonesian Positive Law: Analysis Of The Decision Of The South Jakarta State Court Number 420/Pdt.G/2020 Tambunan, Desima; Fransisco, Fransisco; Wulandari, Vicka Prama
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.v6i1.2436

Abstract

Arbitration is an interesting manner to resolve trade issues because it is final and binding. Article 30 of law quantity 30 year 1999 on Arbitration and opportunity Dispute decision explains that the courtroom isn't always legal to just accept a case among  events who've selected arbitration as a method of dispute decision, as said within the arbitration clause. but, within the discipline there may be a violation of the authority of the district court docket, specifically the courtroom nevertheless accepts and manages cases that ought to be resolved via arbitration. The reason of this examine is to investigate the regulations of absolute authority of arbitration institutions in the Indonesian felony device and assessment the suitability of. District court docket choice variety 420/Pdt.G/2020/PN.Jkt Sel. The method used is normative criminal research with statutory, case, and conceptual strategies. in the case, the panel of judges stated that the District court had the authority to pay attention the case. even though there was an settlement among the events worried to clear up the dispute via arbitration. The judge's reasoning changed into that the issue rely of the case became an act of tort and no longer a breach of settlement, and not all parties inside the case had been certain by means of the arbitration clause. The outcomes of the evaluation display that the selection violates the regulations of absolutely the authority of arbitration, and isn't always according with the ideas stipulated in Article three of regulation quantity 30 of 1999 which states that the courtroom isn't always legal to just accept cases which have been certain with the aid of an arbitration settlement.
Legal Analysis of the Exclusion of PT Danantara's Losses From State Financial Losses In Investment Ruslina, Elli; Kartiko, Dimas Yureza
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.v6i1.2449

Abstract

Investment management by state-owned enterprises (BUMN) or entities related to state finances often raises legal issues, particularly when losses occur that impact state finances. PT Daya Anagata Nusantara (PT. DANANTARA) is an entity that has been in the spotlight due to allegations of state losses arising from its investment management activities and the status of those losses. However, the emergence of exceptions to these losses from the category of state financial losses has given rise to legal debate that requires in-depth analysis. The method used in this research is a descriptive analytical method by solving research problems on the object of study, namely regarding Legal Analysis of PT Danantara's Exclusion from State Finance in Investment. The results of the study concluded that the exclusion of PT Daya Anagata Nusantara's (PT Danantara) losses from the category of state losses is based on a strong legal basis, especially referring to the legal status of PT Danantara as a limited liability company subject to private law and the principle of separate legal entity as regulated in the Law on Limited Liability Companies. The legal consequences of the exclusion of Daya Anagata Nusantara's (PT. DANANTARA) losses from the category of state finances due to investment management from the perspective of statutory regulations have a strategic position as a state investment management body that is directly responsible to the President. As a limited liability company, PT Danantara is legally separated from state finances as regulated in the State Finance Law No. 17 of 2003, so that the losses it experiences are not automatically categorized as state losses.
The Role of Law in Rice Scarcity Mitigation Soetopo, Maria G.S.
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.v6i1.2462

Abstract

In support of national food security, the government issued Presidential Instruction No. 6 year 2025 concerning the Procurement and Management of Domestic Grain/Rice and the Distribution of Government Rice Reserves (Presidential Instruction No. 6 year 2025). However, Indonesia continues to face rice scarcity and rising prices due to policy inefficiencies. In fact, the government has issued various policies to ensure the availability and affordability of rice prices in the community. This article evaluates the authority of Ministries and Institutions in making policies to mitigate rice scarcity. This article uses normative legal research methods supported by economic analysis. The results of the study show that there is a lack of institutional coordination that results in society’s reduced purchasing power.
From ‘Criminal Acts’ to ‘Crimes’ and Accountability: A Philosophical Study of the Aspects of Fault and Punishment in Law No. 1 of 2023 Nissa, Khaoeirun
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.v6i1.2465

Abstract

This study aims to discuss the change in the status of criminal acts to criminal offenses and a study of the accountability of aspects of errors in criminalization as stated in Law No. 1 of 2023. This research is a qualitative research. Library research is used in this normative legal research methodology. The particulars of this study include the use of descriptive analysis as the research methodology. Primary and secondary legal materials comprise the secondary data sources and kinds used in this study. The approach to data analysis is normative. According to the findings of the study, Law Number 1 of 2023 pertaining to the Criminal Code embraces neo-classical principles and strikes a balance between objective and subjective considerations. The types of penalties regulated, the acceptance of living law as a basis for sentencing, the consideration of humanitarian aspects, and the adoption of a new concept that emphasizes prevention, rehabilitation, and conflict resolution without degrading human dignity all of which are significant changes to criminal law.
Model Rehabilitation of Drug Addicts Based on Legal and Community Health Approaches to Promote Healthy Behavior Chaidar, Muhamad; Septian Mubarrok, Alik
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.v6i1.2467

Abstract

The handling of drug addicts in Indonesia still faces serious problems due to the disharmony between legal norms that emphasize rehabilitation and law enforcement practices that tend to be repressive. The aim of this research is to analyze the normative framework for the rehabilitation of drug addicts, identify the barriers to implementation in the field, and formulate a model of integrative rehabilitation based on law and public health. This study employs a normative method with a legislative and conceptual approach. The results indicate that the Narcotics Law has provided a legal basis for rehabilitation; however, its implementation is not optimal due to limited resources, the repressive paradigm of law enforcement officers, societal stigma, and weak inter-agency coordination. Analysis using progressive legal theory and public health perspective emphasizes that addicts should be viewed as victims entitled to recovery, not merely as offenders. An integrative rehabilitation model that combines the roles of law and public health serves as a strategic solution to promote the protection of human rights, reduce the social impact of narcotics, and rehabilitate addicts towards healthy living behaviors.

Page 90 of 106 | Total Record : 1054

 88   89   90   91   92 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024) Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024) Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024) Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023) Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023) Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023) Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023) Vol. 3 No. 1 (2022): (JLPH) Journal of Law, Politic and Humanities (November 2022) Vol. 2 No. 4 (2022): (JLPH) Journal of Law, Politic and Humanities (August 2022) Vol. 2 No. 3 (2022): (JLPH) Journal of Law, Politic and Humanities (May 2022) Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022) Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021) Vol. 1 No. 4 (2021): (JLPH) Journal of Law, Politic and Humanities (August 2021) Vol. 1 No. 3 (2021): (JLPH) Journal of Law, Politic and Humanities (May 2021) Vol. 1 No. 2 (2021): (JLPH) Journal of Law, Politic and Humanities (February 2021) Vol. 1 No. 1 (2020): (JLPH) Journal of Law, Politic and Humanities (November 2020) More Issue