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Amik
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INDONESIA
Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
ISSN : 29638704     EISSN : 29637651     DOI : https://doi.org/10.55606/jhpis.v1i3
Core Subject : Social,
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS) adalah Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. JURNAL HUKUM, POLITIK DAN ILMU SOSIAL, Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember
Articles 358 Documents
Perlindungan P2TP2A Terhadap Hak Anak Sebagai Korban Penganiayaan Ditinjau Dari Prespektif Hak Asasi Manusia Helmi Kaani; Dian Ekawaty Ismail; Suwitno Yutye Imran
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3158

Abstract

This research aims to describe and analyze P2TP2A Protection for the Rights of Children Victims of Abuse Seen from a Human Rights Perspective and to analyze the factors inhibiting P2TP2A Protection for the Rights of Children Victims of Abuse Seen from a Human Rights Perspective. The method of this research is empirical. The results of the research show that P2TP2A Protection of the Rights of Children Victims of Abuse Seen from a Human Rights Perspective in Gorontalo Regency is carried out through 4 (four) aspects, namely: (1) the role of the juridical aspect, (2) the role of the legal aspect. psychological, (3) the role of the medical aspect, (4) the role of the mentoring aspect in curative and rehabilitative programs. The inhibiting factors consist of 2 (two), namely: (1) internal factors, including financial resources, human resources, unavailability of counselors and legal assistance, (2) external obstacles, including: people who do not understand the importance of protecting children's rights , attitudes of victims and victims' families, perceptions of victims' families.
Implementasi Undang-Undang Nomor 15 Tahun 2001 Terhadap Penjualan Sepatu KW/Imitasi di Kota Gorontalo Noerhadi Priyatna; Dian Ekawaty Ismail; Taufik Zulfikar Sarson
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3159

Abstract

The sale or circulation of branded shoes without permission can take several forms, including the sale of KW PK (Perfect Kick) shoes, KW 1 shoes, factory denied shoes, shoes that do not pass quality control, etc., which occurs when branded shoes are traded. and sold without a license or permission from the company that owns the trademark or rights to the brand. This research discusses the legal prohibition on the circulation of KW shoes in Gorontalo City. This research uses empirical and normative legal research methods. The research aims to determine the causes of the circulation of KW shoes in Gorontalo City and the form of legal prohibition on the circulation of KW shoes. As a result of this research, researchers found that first, the widespread distribution of KW shoes in Gorontalo is generally caused by a number of factors as follows; 1). Economic factors and people's purchasing power; 2). The role of markets (trade) and supply of goods; 3). Public interest in well-known brands; 4). Consumerism culture and fashion trends in society; 5). Lack of consumer awareness of IPR; 6). Lack of supervision and law enforcement. Second, enforcement of the law on the distribution of KW shoes in Gorontalo City is caused by the following things; 1). Lack of supervision and monitoring from related parties; 2). Lack of public awareness of both traders and consumers regarding IPR.
Implementasi Bantuan Hukum Litigasi dan Non Litigasi Melalui Lembaga Bantuan Hukum Universitas Lancang Kuning Samariadi Samariadi; Robert Libra; Desi Ratnawati.S; Anisa Bulqis Zahra; Dewi Angle Caroline; Kevin Zuchri; David Carlos Bakara
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3160

Abstract

Legal aid is a constitutional right for every citizen to ensure protection and equality before the law, as an effort to recognize Human Rights (HAM). Receiving legal aid is a manifestation of access to justice, which is the implementation of guarantees of legal protection and equality before the law. This principle is in line with the concept of legal aid which is related to the ideals of a welfare state. Legal aid also plays a significant role in the Criminal Justice System and the State Administrative Justice System as an integral part of protecting human rights for every individual, including the right to legal aid. This right is considered a very important right for every citizen, especially in the context of legal proceedings, especially criminal law and state administrative law, where the defendant cannot defend himself. The government has provided free legal aid for underprivileged people, but many are still not aware of this, causing them to feel that they are not supported by the government. This article details the realization of legal assistance related to both litigation and non-litigation cases related to the Lancang Kuning University Legal Aid Institute.
Penerapan Asas Pemeriksaan Pengadilan Terbuka Untuk Umum Dalam Permohonan Uji Materiil di Mahkamah Agung Lukmanul Hakim; Iwan Rachmad Soetijono; Al Khanif
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3178

Abstract

This study aims to find out and analyze related to the application of the foundations of open court examination of the substantive regulation of legislation in the Supreme Court, this writing uses the method of normative law research. The outcome of the writing explains that the provisions relating to the application of the principle of open court examination to the general public in the material examination at the Supreme Court are not regulated either in the Law No. 5 of 2004 amending the Act No. 14 of 1985 on the supreme court but abstractly the examination of the court open to the public is regulated in Article 13 of the Law on the Power of the Judiciary No. 48 of 2009. On the application of the basis of the examination of the court hearing open to the public is forced to open the hearing attended by the general public. When a judge's assembly is to open a hearing, it must declare that the hearing is open to the public.
Penetapan Anggaran Pendapatan Belanja Daerah Dengan Peraturan Kepala Daerah Sutiyoso Sutiyoso; Iwan Rachmad Soetijono; RA. Rini Anggraeni
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3179

Abstract

The regional budget or APBD is the main policy instrument for regional governments, occupying a central position in efforts to develop the capabilities and effectiveness of regional governments. The regional budget should be used as a tool for determining the amount of income and expenditure, a tool for decision making and distribution planning as well as a tool for authorizing future expenditure and a standard measure for assessing performance as well as a coordination tool for all activities in various work units. Minister of Home Affairs Regulation No. 3 of 2006 has provided time limits for each stage in preparing the APBD. In reality, it is not uncommon for local governments to be unable to meet these time limits. Delays in enacting Regional Budget Regulations result in delays in submitting APBD data. Regions that are late in submitting APBD data will be given sanctions in the form of delays in the distribution of balancing funds, and this delay can eliminate the opportunity for regions to obtain regional incentive funds.
Penegakan Kode Etik Profesi Kepolisian Melaniati Suharni; Kalistus Gaudensius Wayong Huler; Bernadus Febryanto; Dwityas Witarti Rabawati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3182

Abstract

The legal profession is one of the professions that demands the fulfillment of moral values from its development. The main benchmark for being an organizer of the legal profession in enforcing the law lies in the independence of professional organizers and strong moral integrity when facing various problems that are their responsibility. To be a good organizer of the legal profession in carrying out its professional duties in enforcing the law, practitioners who have qualified attitudes, humanitarian attitudes, attitudes of justice, are able to see and place objective values in a case handled, an honest attitude, and have technical skills and ethical maturity. The code of ethics of the legal profession actually functions as an ethical controller for those who carry out the legal profession. With legal professional ethics, it is expected that legal professionals have certain critical individual abilities.The National Police as one of the legal profession that deals directly with the community so that content is needed related to the standards of behavior and actions that are observed, where the Code of Professional Ethics of the National Police of the Republic of Indonesia is basically a guide for all actors of police functions in carrying out their duties in accordance with the laws and regulations in force in their territory contained in POLRI Regulation No. 7 of 2022 concerning the Code of Professional Ethics and Commission on the Code of Ethics of the National Police of the Republic of Indonesia. However, it is undeniable that there are still many violations of the code of ethics that often occur and are committed by police officers which result in low or decreased integrity of the police in the eyes of the public.
Sistem Pembagian Warisan, Berdasarkan Hukum Adat Kletek Taruik, di Desa Alas, Kecamatan Kobalima Timur, Kabupaten Malaka Margaretha Adeyanti Manek; Agustinus Hedewata; Darius Mauritsius
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3193

Abstract

This study aims to determine the inheritance distribution system based on Kletek Taruik customary law, in Alas Village, East Kobalima District, Malaka Regency and the current community attitude towards the inheritance distribution system, based on Kletek Taruik customary law, in Alas Village, East Kobalima District, Malaka Regency. The research method used in this study is empirical legal research. The sources and types of data in this study are primary data obtained from the results of field studies with interviews. Secondary data were obtained from literature studies. The data obtained is then processed by checking and correcting the data. After the data is processed then analyzed qualitatively. Based on the results of research and discussion, it can be concluded that the community in Alas Village, East Kobalima District, Malaka Regency, adheres to the matrilineal principle in the distribution of inheritance property, where more inheritance for daughters or also called heirs are daughters, because girls are members of the tribe who will continue the descendants of the heirs, while the son even though he is the eldest but he only helps manage or process The inheritance, because the daughter is considered more responsible in taking care of the inheritance of her parents than the son who will submit to his wife's family. The community in Alas Village, East Kobalima District, Malaka Regency, is very accepting of the prevailing customary rules where girls have full rights to their outgoing customary inheritance, but it does not rule out the possibility for sons to also receive inheritance from both parents based on mutual agreement.
Urgensi Pendaftaran Warna sebagai Potensi Merek Dagang Berdasarkan Undang-undang Nomor 20 Tahun 2016 Vanny Fiandra Cahyani; Laina Rafianti
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3194

Abstract

The use of a mark serves not only as a distinguishing factor for a company but also as a strategic tool for marketing and advertising. Color, as a crucial element in brand identity, has the ability to convey messages, influence consumer perceptions, and enhance brand value. Therefore, it is not uncommon for companies to seek protection for colors as trademarks to ensure a definite level of safeguarding. In Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Indonesia, the registration of color is not explicitly recognized as a trademark that can be registered, but it is also not prohibited. The findings of this research indicate the importance of Indonesian law in allowing the registration of color as a trademark, considering that color has a strong identification power for consumers, and many companies have successfully created associations between colors and their marks through consistent usage.
Perlindungan Hukum Pekerja Terhadap Pekerja Di Indonesia Muhammad Fitra Hardinata; Siti Badariah; Dini Oktafiana; Mellyana Candra
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3200

Abstract

Workers are people who do work to produce goods or services to meet the needs of themselves, their families and society by receiving wages in the form of money or other forms. Workers' rights are regulated in article 88 paragraph (1) of Law no. 13/2003 states firmly and clearly that every worker or laborer has the right to obtain protection. This research uses a standard legal approach. The data analyzed is qualitative, the data used is secondary data. This study focuses on how labor law protects efficiency and fairness in the workplace. Efficiency, effectiveness and efficiency are the four main components of labor law identified by this study. This research discusses various aspects of labor protection and efficiency in the context of labor law in Indonesia. This research also highlights the prohibition on layoffs based on economic reasons and emphasizes the importance of providing compensation to workers in the event of layoffs due to efficiency, especially in emergencies such as public health emergencies. Researchers also investigated the effectiveness, efficiency, and shortcomings of labor protection institutions, emphasizing the need for fair treatment of workers. This research does not explicitly outline specific termination indicators in the context of employment law and worker protection. The main focus is on the prohibition of layoffs for economic reasons, the importance of providing compensation to workers in the event of layoffs due to efficiency, and the role of labor law in societal development. Therefore, this study does not provide detailed indicators of desirability in this specific context.
Analisis Pengaruh dan Implementasi Aliran Hukum Alam (Rasional) Terhadap Sistem Hukum Indonesia dan Hukum Lingkungan di Indonesia Ilham Daffi Syabana; Idris Idris
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3202

Abstract

The role of theory in legal science is crucial for the understanding and integration of concepts. The history of Indonesian law shows the application of customary and Islamic law before Dutch colonization. Natural laws, especially rational flows, play a universal role in the management of water resources to maintain ecological balance. The distribution of clean water in Indonesia is influenced by land use change, mining, and industry, creating an imbalance. The identification of research problems involves the influence of Natural Law on the Indonesian Legal System and its impact on Environmental Law. The theoretical analysis highlights the contribution of Natural Law in the context of Indonesian prismatic law. Natural Law supports environmental law, especially water resources management, with an integrated approach based on natural values, relevant to achieving sustainability and ecological balance in the future.