cover
Contact Name
Antonius Denny Firmanto
Contact Email
garuda@apji.org
Phone
+6283108502368
Journal Mail Official
suwandi@apji.org
Editorial Address
Jl. Bondowoso No.2, RW.2, Gading Kasri, Kec. Klojen, Kota Malang, Jawa Timur 65115
Location
Kota malang,
Jawa timur
INDONESIA
Jurnal Hukum dan Sosial Politik
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject : Social,
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik 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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 256 Documents
Hak Kepemilikan Tanah Bagi Warga Negara Indonesia Yang Menikah Dengan Orang Asing Nadia Ardine; Mey Lia Sari; Aisyah Resta Melati; Arifa Kurnia Suci; Asti Giri Anjani
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1924

Abstract

Land ownership rights are one of the fundamental human rights. However, land ownership rights for Indonesian citizens who marry foreigners are specifically regulated in Indonesian laws and regulations. These provisions aim to maintain state sovereignty and prevent land control by foreign parties. Based on Indonesian laws and regulations, Indonesian citizens who marry foreigners can only have rights to certain land, namely use rights, rental rights for buildings, ownership rights to apartment units, and ownership rights to residential or residential houses. Ownership rights to land can only be owned by Indonesian citizens. This research aims to examine the regulation of land ownership rights for Indonesian citizens who marry foreigners in Indonesian legislation. The law regarding mixed marriages is regulated in Article 57 of Law Number 1 of 1974 concerning Marriage. In essence, mixed marriages allow Indonesian citizens to choose the citizenship they will follow, whether the citizenship of the husband or wife, in line with the provisions of Article 26 of Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. Indonesian citizens who undergo mixed marriages have the possibility to create a marriage agreement that allows the separation of property between spouses during the marriage period, while maintaining their citizenship status..
Peran Masyarakat Rentan dalam Membangun Resiliensi Pasca Banjir Muh. Bintang Widya Pratama; Rizqi Ahmad Muzaki; Tegar Vicho Virdyanto
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1927

Abstract

The journal "The Role of vulnerable Communities in Building Post-Flood Resilience" explores the complex interactions between indigenous residents who live outside Mangli housing complexes, and housing residents in the Mangli area, the majority of whom are immigrants. Apart from that, this journal also examines the role of communities in building resilience after floods caused by the conversion of agricultural land. This research examines how indigenous people, as a social group, are vulnerable to the risk of flooding due to the impact of converting agricultural land into housing on the indigenous Mangli population. and how vulnerable populations attempt to adapt in modern society which is filled with various social, economic and cultural changes. By focusing on the dynamics of conflict that arise throughout the lives of residents, this journal also analyzes the adaptation strategies used by vulnerable residents in responding to flood and post-flood disasters.
Kebijakan Hukum di Eropa Tentang Konsep Sekularisme Atau Laicite di Prancis Hissah Kristina Marbun; Rohma Safitri; Rinnauli Saragih; Amelia Situmorang; Isnaniah Isnaniah; Sri Hadiningrum
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2014

Abstract

This article aims to examine the principle of French religion being secular, or laïcité. France adopted this principle in 1905. This principle separates religious and state affairs, including state interference in religious worship. This principle also aims to protect the freedom of French people to adhere to or not adhere to religion and prevent religion from entering state institutions, one of which is education. The method used in this research is library research, namely a method of collecting data by understanding and studying theories from various literature related to the research.
Penerapan Teori Hukum Alam Dalam Legalitas Kepemilikan Tanah Alisya Rahma Saebani; Yohana Sekar Pawening; Taufiqurrohman Syahuri
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2016

Abstract

Natural law is everything that exists in accordance with the rules of the universe. This law also proves that there are fundamental demands in human life that are evident in their existence as reasonable beings. Humans should not follow their irrational instincts, but rather considerations of reason and moral sense. In Indonesia, this is regulated in Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA). With the regulation of this Law, the Indonesian people have the legality of land ownership in this case the rights and legal protection for the land owned and used for survival. But currently there is still a lack of socialization of rural communities, especially inland, of the importance of ownership of legal land ownership certificates.
Dinamika Penyelesaian Konflik Indonesia Dengan Vietnam Terkait Perbatasan Maritim Zona Ekonomi Ekslusif Indonesia Muhammad Afifi Alfaridzi
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2036

Abstract

Indonesia is an archipelagic country where a significant part of its territory consists of maritime waters. In the context of jurisdiction governed by the 1985 Law on the Ratification of UNCLOS 1982, Northern Natuna, known for having the largest natural gas reserves in the Asia-Pacific, is recognized as part of Indonesia's (ZEE). However, Vietnam's ratification of UNCLOS in 1982 also asserts a similar claim, stating that geographically, Northern Natuna falls within their territory. Within the framework of principles of peace and international security, various efforts are directed at fostering good relations between countries in conflict resolution by providing a way for conflicting parties to resolve their disputes in accordance with international law. In international law, there are two methods of resolution: through peaceful means and through military action. This research indicates that the resolution of conflicts between Indonesia and Vietnam regarding maritime boundaries in the Exclusive Economic Zone can be achieved through various alternatives within the UNCLOS 1982 framework, such as peaceful resolution and mandatory dispute settlement procedures. Each country has the freedom to choose a resolution alternative that aligns with the wishes of both parties, whether through litigation or non-litigation, as stipulated in Article 280 of UNCLOS 1982.
Analisis pelaksanaan perjanjian sewa menyewa kios antara pihak BUMDes dengan penyewa : Studi Desa alas rajah Sumriya Sumriya; Riesta Yoga Hastama; Linda uril khofifah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2080

Abstract

the purpose of this study is to analyze the management of village property. Village property in the form of land and buildings that have been handed over for the economic progress of the village community which is invested in BUMDes on the basis of the season can be used optimally. So that it does not burden the village budget and expenditure. This study examines agreements by analyzing the application of legal principles of agreements in cooperation contracts for the management of village property leased to BUMDes and community management. The principles of treaty law which is a civil law concept applied in the concept of state administrative law become an interesting one because the agreement is in the regulation of private law and public law. Goverment contracts are routine goverment legal acts,to ensure legal certainty for the parties involved, legislation is needed that speciffcally regulates commercial contracts by the government both regarding procedures and limits of authorty.
Pendirian Perseroan Terbatas oleh Suami Istri dengan Modal Harta Bersama Beserta Akibat Hukumnya Widya Elfareda Putri; Hamida Hamida; Sumriyah Sumriyah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2081

Abstract

A limited liability company (hereinafter referred to as PT) is a capital partnership established under an agreement. This means that in the establishment of a PT there are two or more people in an establishment. In practice there are married couples who establish a joint PT. And in principle, the married couple has joint property after marriage, which means they are considered as one party or one property together. With these circumstances, it is considered not to meet the requirements for the establishment of PT. Law No. 40 of 2007 also does not regulate the exact provisions related to who can become shareholders. For this event, the author is interested in discussing about: (1) What is the validity of a Limited Liability Company established by husband and wife? (2) What are the legal consequences for a limited liability company established by husband and wife? The approach method used in this study is normative juridical, legislative research approach and literature study is carried out by studying literature books and scientific papers related to this issue. The implication is that if the husband and wife do not make a marriage agreement, it will make the husband and wife a subject of law, and be personally responsible for the engagement and losses incurred by the Company and make the liability of the PT unlimited.
Permohonan Pailit Terhadap Anak Perusahaan Badan Usaha Milik Negara : (Studi Kasus PT Indonesia Power) Nabilla Syafira; Elisatris Gultom; Deviana Yuanitasari
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2084

Abstract

In debt and credit problems, bankruptcy is often the last solution to resolve the problem. State-Owned Enterprises or SOEs are also not immune from debt and credit problems that lead to bankruptcy. The regulation regarding the bankruptcy of SOEs itself is regulated in Article 2 Paragraph (5) of the Bankruptcy Law and its explanation. However, problems then arise when the subsidiaries of SOEs become bankruptcy respondents. There is no legislation that specifically regulates the bankruptcy of SOEs Subsidiaries, so this has led to confusion and debate in the community regarding the status of SOEs Subsidiaries in terms of bankruptcy. The ambiguity and debate can be seen in the implications of the bankruptcy petition case filed by the Kinarya Liman Margaseta Consortium against PT Indonesia Power, which is a Subsidiary of SOEs, namely PT PLN. This research aims to find out how the position of a SOEs Subsidiary in terms of bankruptcy is reviewed from the Bankruptcy Law and SOEs Law. The type of research used in this research is normative legal research. The research specifications used in this research are descriptive analysis. The approach used in this research is a statutory approach and case approach. Based on the results of this case study, it can be seen that when viewed from the Bankruptcy Law and the SOEs Law, basically the subsidiaries of SOEs and SOEs cannot be equated in status and position. This is supported by several theories and strengthened by the Constitutional Court Decision and the Supreme Court Decision. Thus, PT Indonesia Power's bankruptcy petition should be filed by its creditors in addition to the Minister of Finance.
Strategi Dinas Kependudukan Dan Catatan Sipil Kota Tanjungpinang Dalam Pemanfaatan Sistem Digital Melalui Aplikasi “Si Kancil” Syaihidina Hefir; Zhahara Dwi Amanda
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2086

Abstract

Along with technological advances, the development of information in today's world has grown faster and faster, so that many agencies have improved the quality of their services in various ways. E-goverment is an information technology system developed by the government to improve public services by providing options for the public to get easy access to public information. The Tanjungpinang Population and Civil Registration Office (Disdukcapil) launched the Population and Civil Registration Information System (Sikancil) application. The creation of the Sikancil application is a demand from the Minister of Home Affairs (Mendagri) who wants to be able to streamline online services, as stated in Permendagri no. 7 of 2019 concerning online administrative services (Walo, 2021: 19). This study aims to determine how the Strategy of the Population and Civil Registry Office of Tanjungpinang City in utilizing the Digital System through the Sikancil Application at the Tanjungpinang Population and Civil Registration Office (Disdukcapil), the research method used is descriptive research method with a qualitative approach.
Analisis Yuridis Penyelesaian Perkara PT. Sarana Farmindo Utama (Putusan Perkara Nomor: 28/KPPU-M/2019) Eqlima Dianti Agustianingrum; Diniati Wafida Rohmah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2089

Abstract

Basically, merger, merger, and expropriation are actions that are unknown and also not developed in Indonesia. Mergers, mergers, and takeovers are also very vulnerable to monopolistic practices and unfair business competition, therefore the Law on antimonopoly strongly violates marger, acquisition, and consolidation which is likely to result in monopolistic practices or unfair business competition, which has been regulated in Article 29 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The Competition Supervisory Commission also has the obligation to conduct investigations and examinations on unfair business actors, and the existence of unfair business competition can result in an imbalance of economic power because it is controlled by one pillar only and this can lead to unfair business competition. The purpose of this study is to be able to understand the takeover procedure carried out by PT. Sarana Farmindo Utama to PT. The prospect of Karyatama in Decision Number Case 28 / KPPU-M / 2019 and also to be able to understand the settlement of cases carried out by PT. Sarana Farmindo Utama in the case of the takeover of shares of PT. Karyatama Prospects. Based on the results of the share takeover research conducted by PT. Sarana Farmindo Utama is to save PT. The prospect of Karyatama almost going bankrupt and also to continue to run as a feeder for livestock chickens, a violation that was carried out by PT. Sarana Farmindo Utama is late notification of takeover to the Commission. And PT. Sarana Farmindo has been legally penalized by paying fines, and is also required to submit proof of fine payments to the Business Competition Supervisory Commission.