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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 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
Exploration of Local Wisdom in Land Dispute Resolution in Alor Regency Rade, Stefanus Don; Lay, Benediktus Peter
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.v6i1.2389

Abstract

Land disputes are a common problem in rural areas that still rely on customary land inheritance without formal ownership documents. This study examines the mechanism of land dispute resolution based on local wisdom in South Pura Village, Pulau Pura District, Alor Regency, focusing on Tengtokung (diving ritual) as a form of alternative dispute resolution recognized by the local community. Referring to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this research adopts an empirical juridical method with statutory and legal anthropology approaches, as well as case studies of two land disputes that occurred in 2017 and 2019. Primary data were obtained through interviews with traditional leaders, village officials, and disputing parties, while secondary data were collected from literature studies. The results show that Tengtokung is conducted through a series of customary ceremonies involving community leaders, religious figures, and the families of the disputing parties, with outcomes considered final and fair by both sides. The strengths of this mechanism include its speed, low cost, confidentiality, and focus on restoring social relationships. However, its weaknesses lie in the absence of formal legal recognition and its reliance on the good faith of the parties, which may lead to future disputes. This study recommends strengthening the synergy between customary mechanisms and the national legal system to ensure legal certainty while preserving the community’s social harmony.
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
The Urgency of Harmonizing Consumer Protection Law in the Era of Digital Economy and Market Globalization Wulandari, Bernadetta Tjandra; Arif Awaludin; Indriasari, Evy
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.v6i1.2405

Abstract

The rapid growth of the digital economy and the globalization of markets has highlighted significant gaps in consumer protection laws. These gaps pose challenges in ensuring consumers’ rights and safety in an increasingly digital and interconnected marketplace. This study aims to analyze the urgency of harmonizing consumer protection laws, with a particular focus on issues such as data privacy, cross-border e-commerce, and technological advancements. Using a qualitative research methodology with a literature study approach, this research gathers data from academic journals, reports, and other reputable sources. The findings reveal that current consumer protection laws are inadequate in addressing the complexities of the digital age, with fragmentation in regulations across different jurisdictions leading to legal uncertainty and consumer vulnerability. The lack of international cooperation further exacerbates the issue, making it imperative for countries to work together to create standardized consumer protection frameworks. The study concludes that harmonizing consumer protection laws is crucial for fostering trust in digital markets, protecting consumers, and promoting a fair global digital economy. Further research is recommended to evaluate the practical implications of international cooperation and explore how emerging technologies, such as AI and blockchain, can be regulated to ensure ethical and consumer-friendly practices.
Judges' Considerations On Traffic Accident Cases In Relation To The Law On Road Traffic And Transportation (Decision Study Number: 35/Pid.Sus/2022/Pn.Pwk) Sampurna Banyuaji, Sampurna; Guntara, Deny; 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.v6i1.2410

Abstract

This study analyzes law enforcement in traffic accident cases resulting in fatalities, focusing on Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The main objective is to examine how the law is applied and how judges make considerations in handing down verdicts. Using a normative legal research method, this study analyzes Judgment No. 35/Pid.Sus/2022/PN.Pwk. The results show that the defendant, who was negligent and caused the victim's death, was indeed charged under this article, which carries a maximum sentence of six years in prison. However, an interesting finding from this study is the gap between the maximum penalty and the sentence imposed. Although the defendant's actions were proven to violate the article and cause death, the judge imposed a sentence of 4 years in prison, which is lighter than the maximum penalty. This decision was based on legal and non-legal considerations, including mitigating and aggravating factors. It is concluded that this lighter sentence than the maximum penalty is considered contrary to the spirit of Article 310(4) of the LLAJ Law.
Law Enforcement By The Satpol PP Against Violations Of Regional Regulation Number 10 Of 2021 Concerning The Control, Supervision And Restrictions Of The Distribution Of Alcoholic Beverages Without A Permit In Karawang Regency Ramadani, Trisna; Guntara, Deny; 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.v6i1.2411

Abstract

The distribution of alcoholic beverages without a permit in Karawang Regency has become a serious issue affecting public order and community health. To address this matter, the local government enacted Regional Regulation Number 10 of 2021 concerning the Control, Supervision, and Restriction of Unlicensed Alcoholic Beverages. This study aims to examine the regulation on the control, supervision, and restriction of unlicensed alcoholic beverages in Karawang Regency, as well as the law enforcement efforts by Civil Service Investigators (PPNS) of the Karawang Public Order Agency (Satpol PP), and the obstacles faced in implementing the regulation. This research uses a qualitative method with a descriptive approach. Data collection techniques include interviews and observations. The results of the study indicate that The regulation on the control, supervision, and restriction of unlicensed alcoholic beverages in Karawang Regency is governed by Regional Regulation Number 10 of 2021, which classifies alcoholic beverages into Group A, Group B, and Group C. It also stipulates administrative sanctions in Article 16, including written warnings, temporary business closures, business license revocations, and business closures. Criminal sanctions are regulated in Article 18, which states that violators may be fined up to IDR 50,000,000 (fifty million rupiahs) or face imprisonment for up to 3 (three) months. Law enforcement efforts by the Karawang Satpol PP against violations of Regional Regulation Number 10 of 2021 are carried out through field operations, confiscation of evidence, and the imposition of sanctions. In addition, PPNS officers prepare investigation reports and coordinate with the public prosecutor’s office for further legal proceedings. The challenges faced include the lack of authority to detain suspects by PPNS officers, lengthy investigation processes due to the need for coordination with the prosecutor’s office, and changes in administrative systems such as the implementation of the e-Berpadu application, which requires official letters for searches and seizures.

Page 97 of 106 | Total Record : 1054

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