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
 90   91   92   93   94 
Analysis Of The Judge's Ruling Regarding The Indonesian National Arbitration Board (BANI) (Decision Study Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr) Dyah A, Tata Eliestiana; Jamaludin, Jamaludin
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.v6i1.2509

Abstract

This research was conducted with the aim of finding out: 1) The basis for the judge's considerations in granting the applicant's request in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), 2) Analysis of the case resolution in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr). The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The results of this research show that: 1) The judge's basis for granting the Petitioner's petition in Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr was that the judge assumed that BANI Decision Number 513/IV/ARB-BANI/2013 was taken as a result of deception on the part of the Arbitration Petitioner. Then the Arbitration Panel made a real mistake in deciding the case regarding the use of the legal basis for decision making. Apart from that, the judge considers that BANI Decision Number 513/IV/ARB-BANI/2013 has violated the principle of freedom of contract and agreement law as regulated in Article 1338 of the Civil Code and Respondent II as the Decision Panel has given a decision that exceeds the demands in the Application for Arbitration. 2) Analysis of the case resolution regarding Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), the Petitioner believes that Arbitration Decision No. 513/IV/ARB-BANI/2013 was taken from a ruse. However, the Petitioner did not explain in detail what form of deception was carried out by the Arbitration Panel, so this is a tendentious and far-fetched accusation. There was not a single trick carried out against the litigants. And if it is a trick, then it must be based on a court decision that has permanent legal force. This is based on the Decision of the Supreme Court of the Republic of Indonesia dated March 30 2009 No. 729K/PDT.SUS/2009.
Juridical Analysis Of Child Grooming And Identify Forgery (Faker) In The Roleplayer Community On Social Media Jamaila, Jasmine Fatiha; Wahyuningsih, Yuliana Yuli
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.v6i1.2510

Abstract

This study examines the modus operandi of child grooming that utilizes identity forgery (faker) in the online roleplayer (RP) community, as well as analyzes legal protection and psychological impact on victims. Using a normative juridical approach, the study found that perpetrators systematically build an emotional relationship with child victims through false identities for the purpose of exploitation. This faker practice has been shown to cause deep psychological trauma and mental destruction. Juridically, this action can be charged through Article 378 of the Criminal Code concerning fraud, the Child Protection Law, and the ITE Law. The results of the study confirm the importance of digital literacy, parental supervision, and ongoing psychological support for victims. We suggest the need for more protective platform policies and legal adaptations that are responsive to these cybercrimes. Keywords: Child grooming, identity forgery, roleplayer, child protection, cyber law.
Implementation of The Relocation Policy For Residents of Rempang & Galang Old Villages: Human Rights Protection Issues Manullang, Rizky Ariftama; Shahrullah , Rina Shahriyani; Situmeang, Ampuan
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.v6i1.2515

Abstract

The relocation policy for residents of the Old Villages of Rempang and Galang in the context of developing Rempang Eco City raises serious issues in legal, social, and human rights aspects. This study aims to analyze the implementation of the relocation policy based on the approaches of Ius Constitutum and Ius Operatum, as well as to provide policy recommendations through the framework of Ius Constituendum. The method applied is empirical juridical with a qualitative approach, involving interviews with affected communities and NGOs, as well as a review of relevant legal regulations. The findings show that the relocation policy has not fulfilled the principles of public participation, the right to housing, and social justice, while also neglecting the principle of Free, Prior, and Informed Consent (FPIC), which is a standard in the protection of indigenous peoples. The relocation process is considered to lack transparency, compensation is disproportionate, and it fails to ensure the social and cultural sustainability of local communities. This study emphasizes the need for a human rights–based and justice-oriented relocation policy, referring to John Rawls’ Theory of Social Justice, by ensuring the protection of customary land rights, meaningful participation, and recognition of indigenous cultural identity. The reformulation of the relocation policy should be grounded in legal principles that are humanistic, participatory, and uphold substantive justice.
Implementation of Law Number 12 Of 2022 Concerning Criminal Acts of Sexual Violence in Public Transportation Andriyani, Adinda Zahra; Mulyadi, Mulyadi
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.v5i6.2647

Abstract

This study examines the implementation of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence in the context of public transportation in Indonesia. The background to this research is based on the high number of cases of sexual violence in public spaces, particularly public transportation, which creates a sense of insecurity for women and vulnerable groups. This study aims to analyze the application of the provisions of the TPKS Law to criminal acts of sexual violence in public transportation and identify obstacles faced in its implementation. The research method used is normative juridical with a legislative, conceptual, and case-based approach. The results show that although the TPKS Law provides a comprehensive legal basis and guarantees victim-based protection, its implementation remains limited in effectiveness. The main obstacles include difficulties in providing evidence, incomplete implementing regulations, limited understanding of the substance of the law by officials, and the strong patriarchal culture and practices of victim blaming in society. Therefore, synergy is needed between the government, law enforcement officials, transportation operators, and the community to strengthen the implementation of the TPKS Law so that the law's main objective of creating a safe public space free from sexual violence can be realized.
Pros and Cons Perspectives on the Amendment to Governor Regulation No. 5 of 2018 concerning the Implementation of Caning Law in Aceh Niswah, Sayyidatin; Maharani, Yosie Graciela
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.v5i6.2659

Abstract

This study examines in depth the changes in the implementation of caning in Aceh following the issuance of Aceh Governor Regulation Number 5 of 2018, which shifted the location of caning from public places to correctional facilities. This change has become a controversial issue because it is considered to shift the values ​​of Islamic law that have long been the legal and cultural identity of the Acehnese people. Prior to this regulation, caning was carried out openly in front of the public, such as in mosque courtyards, with the aim of providing a deterrent effect and serving as a moral lesson for the community. However, after the enactment of the Governor Regulation, caning is carried out in prisons to maintain the dignity of the perpetrator, avoid psychological trauma, and prevent the spread of the convict's identity on social media. This study uses a descriptive qualitative method with a juridical-sociological approach, where data is obtained through interviews with residents in Lhokseumawe City and analysis of relevant legal documents. This approach not only examines the normative aspects of the regulation but also examines how these legal norms interact with the social reality of society. The results of the study indicate two main views in society: The pro-candidate group supports this change because it is considered more humane and in accordance with human rights principles, while the opposing group believes that implementing caning in public places is more effective in providing a deterrent effect and has educational and symbolic value in enforcing Islamic law. Overall, the changes in the implementation of caning in Aceh reflect an attempt to compromise between enforcing Islamic law and demands for legal modernization oriented towards humanitarian values. However, this policy still needs to be evaluated so that its implementation does not eliminate the meaning of Islamic law and the moral values ​​​​of Islamic law itself.
Legal Liability of Pharmaceutical Industry In Consumer Class Action Lawsuits: Analysis of Court Decision Number 771/Pdt.G/2022/Pn Jkt.Pst Aurelya Putri Alzahrah; Dwi Desi Yayi Tarina
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.v6i1.2500

Abstract

The case of atypical progressive acute kidney injury in children caused by contaminated syrup medicines containing ethylene glycol and diethylene glycol raises legal issues concerning the liability of the pharmaceutical industry. This study analyzes the legal responsibility of pharmaceutical producers and the application of class action mechanisms in Central Jakarta District Court Decision Number 771/Pdt.G/2022/PN Jkt.Pst. The research employs a normative juridical method with statutory and case approaches, using secondary data from legislation, court decisions, and legal literature. The findings show that pharmaceutical industries are obliged to guarantee product safety and quality under Indonesian law, and their negligence gives rise to civil liability enforced through compensation. The class action mechanism proved effective in securing access to justice, procedural efficiency, and legal certainty. This study highlights the need for strict compliance with production standards and the strengthening of class action procedures to enhance consumer protection in Indonesia.
Annulment of Marital Property Agreements Due to Vitiating Factors: A Comparative Study Between Indonesian and English Law Sirait, Priscila; Marsal, Irsyaf
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.v6i1.2523

Abstract

This article examines how annulment of marital property agreements occurs when consent is tainted by vitiating factors. The research object focuses on prenuptial agreements in Indonesia and financial settlement agreements in England. The objective of this study is to analyze the legal framework, judicial practice, and consequences of annulment caused by error, misrepresentation or fraud, or duress in both jurisdictions. Using normative legal research, this study employs statutory, conceptual, comparative, and case approaches, supported by deductive analysis of legislation, jurisprudence, and scholarly opinion. The results show that under Indonesian law, annulment is possible when an agreement is proven to be based on false or misleading information, as exemplified by Denpasar District Court Decision No. 1308/Pdt.G/2019/PN.Dps, which annulled a prenuptial agreement due to misrepresentation. Meanwhile under English law, annulment is recognized in cases of fraudulent misrepresentation, as highlighted in Sharland v Sharland [2015] UKSC 60, where intentional dishonesty invalidated a financial settlement agreement. The conclusion affirms that such agreements are voidable and although annulment safeguards fairness and genuine consent, the division of marital property must still be pursued through separate judicial proceedings as the consequences in both legal systems.
Revitalizing Regional Languages to Support Sustainable Development Goals from a Collaborative Governance Perspective Puspitasari, Putri Ayu; Subanda, I Nyoman
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.2478

Abstract

The revitalization of regional languages has become a strategic issue in preserving cultural identity while supporting the achievement of the Sustainable Development Goals (SDGs), particularly Goal 4 (quality education), Goal 11 (sustainable cities and communities), and Goal 16 (peaceful and inclusive societies). This study aims to analyze how collaborative governance practices can strengthen regional language revitalization programs as an integral part of sustainable development. The method used is descriptive qualitative with a literature study and policy analysis approach, focusing on the roles of cross-sector actors such as local governments, indigenous communities, educational institutions, and civil society organizations. The results show that the success of regional language revitalization is largely determined by the level of participation and synergy among stakeholders. The collaborative governance model provides a framework that facilitates dialogue, coordination, and sustainable collaboration in the planning and implementation of language policies. Therefore, the revitalization of regional languages is not only a cultural preservation agenda but also a meaningful contribution to inclusive and sustainable development.
Reconstruction of Management Cost Allocation During the Transitional Period of Apartment Housing Based on Justice and Legal Certainty Saputro, Denny Wibisono
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.v6i1.2541

Abstract

The development of apartment housing in Indonesia represents a strategic initiative to provide decent housing amid the scarcity of urban land. However, regulations governing the transitional period before the establishment of the Association of Owners and Occupants of Apartment Units (PPPSRS) remain inconsistent, leading to legal uncertainty and injustice, particularly in the allocation of management costs. This study aims to analyse weaknesses in existing regulations, evaluate their implementation in practice, and propose a legal reconstruction that guarantees fairness and legal certainty for both developers and occupants. The research employs a normative and empirical juridical approach through the analysis of laws, court decisions, case studies, and comparative studies with practices in other countries. The findings reveal that Government Regulation No. 13 of 2021, which fails to recognize the Sale and Purchase Binding Agreement (PPJB) as valid interim ownership evidence, imposes a disproportionate financial burden on developers. The proposed legal reconstruction includes recognizing fully paid PPJB as a temporary proof of ownership, implementing proportional cost-sharing based on the Proportional Comparison Value (NPP), and strengthening government oversight during the transitional period. In conclusion, a new regulatory framework is required to establish an apartment management system that is fair, transparent, and legally certain, in accordance with the principles of a responsive rule of law.
Civil Law Implications for Children Born Through Surrogacy (Surrogate Mother) Thalib, Sabrina Riyadh; Marsal, Irsyaf
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.v6i1.2556

Abstract

This study analyzes the legal status of children born from surrogacy in Indonesia, a practice considered illegal yet a potential solution for infertility, creating a serious rechtsvacuüm. The research objective is a juridical analysis of this issue under Indonesian civil law using a normative juridical method. The findings indicate that surrogacy agreements are legally invalid and considered null and void (van rechtswege nietig) because they fail to meet the "lawful cause" requirement stipulated in Article 1320 in conjunction with Article 1337 of the Civil Code. This legal void creates uncertainty for the child. Based on the principle of mater semper certa est, the surrogate is legally recognized as the mother, disregarding genetic parentage. This situation infringes upon the child's fundamental rights to identity and inheritance, undermining the principle of pro bono infantis. The study concludes that there is an urgent need for definitive state regulation, either through a strict prohibition or by permitting altruistic surrogacy under rigorous judicial oversight, to provide legal certainty and paramount protection for the child

Page 92 of 106 | Total Record : 1054

 90   91   92   93   94 

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