Jurnal Hukum dan Sosial Politik
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.
Articles
256 Documents
<![CDATA[Urgensi Pembentukan Lembaga Pengawas Eksternal Yayasan di Indonesia Untuk Mengatasi Penyelewengan ]]>
<![CDATA[Muhammad Ath-Thariq Pratama]]>;
<![CDATA[Nurhidayah Muhcti]]>;
<![CDATA[Nyulistiowati Suryanti]]>;
<![CDATA[Deviana Yuanitasari]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2181
<![CDATA[This research examines the regulation of remuneration for Foundation executives in Indonesia, focusing on legal aspects and its implementation. As Foundations evolve to support social, religious, and humanitarian objectives, cases of misappropriation of Foundation funds have emerged, highlighting the need for tighter oversight. Through a normative juridical approach and descriptive analysis, this study details the issues surrounding remuneration regulations, emphasizes instances of financial misconduct, and discusses the importance of establishing an external supervisory body or regulatory changes. The implementation of Good Corporate Governance and Good Cooperative Governance principles within the Foundation context is also explored. This research responds to the need for integrity, transparency, and accountability in Foundation management to achieve the humanitarian goals they undertake. The conclusion underscores the necessity for further action, including the establishment of an external supervisory body or regulatory strengthening.]]>
<![CDATA[Peran Civil Law Dalam Sistem Hukum Indonesia ]]>
<![CDATA[Tri Bowo Hersandy Febrianto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2183
<![CDATA[The legal problems currently developing are of various forms and types, so legal codification must be adapted to these developments. Since the decade of Indonesia's independence, civil law has been used as the axis of the national legal system which aims to create legal certainty. Certainty and justice are not something new in the Indonesian legal system, this is the role of judges to create laws based on applicable laws and regulations. This research aims to explain the role of civil law as a national legal system applied by Indonesia to create law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The results of the research show that civil law still has an important role in the legal system in Indonesia, but legal codification needs to be adapted to increasingly advanced developments so that legal events that occur are still contained in statutory regulations.]]>
<![CDATA[Jaminan Hukum Terhadap Merek Yang Terdaftar ]]>
<![CDATA[Maruli Hutasoit]]>;
<![CDATA[Sahadi Sahadi]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2188
<![CDATA[This study aims to review and analyze how the legal protection of registered trademarks and also why protection of registered trademarks can end. Trademarks or brand for producers is an image as well as a good name for the company, beside that it is also a part of the business strategy. There is no producer who does not use the brand as an identity for the goods they produced or the services they provided. The identity which is embodied in the mark is an identifier and at the same time becomes a differentiator to the others. This is why disputes often occurs against the brand. The research method uses a normative juridical. the results of this study that the registration of a mark may end due to the expiry of the validity period of the mark, the deletion of the mark due to request of the owner, the deletion of the registered mark at the initiative of the Minister after obtaining a recommendation from the Trademark Appeals Commission, and the deletion of the mark due to a lawsuit from a third party. The existence of trademark protection starts from the registration of the mark, protection of the mark during the period of the registration of the mark for 10 (ten) years and can be extended with the same period of time, there is legal action both in civil lawsuits, criminal prosecution and administrative steps in the form of refusal of trademark registration and deletion of brand.]]>
<![CDATA[Perlindungan Hukum Bagi Kreditur Apabila Akta Jaminan Fidusia Tidak Didaftarkan Oleh Notaris ]]>
<![CDATA[Nagita Pujiastuti Djafar]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2196
<![CDATA[This research aims to determine the legal protection for creditors if the fiduciary guarantee deed is not registered by a notary, and the legal implications if the fiduciary guarantee is not registered by a notary. The method used in this research uses the Juridical Sociology method.The results of the research show that a fiduciary agreement which makes the object of collateral (in the form of objects) in a subsidiary agreement (acessoir) of the main agreement has weak legal protection for creditors if the agreement is not registered by a Notary through the Fiduciary Guarantee Institute, as stipulated in the Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal implications for creditors' rights because they do not comply with the principle of publicity as per the applicable consensus, in this case is Law Number 42 of 1999 concerning Fiduciary Guarantees which regulates Preferential Rights and Executorial Rights.For the implementation of financing by making objects into objects, an agreement process should be carried out in accordance with the Fiduciary Guarantee consensus by referring to Law Number 42 of 1999, by fulfilling the principle of publicity as the main legal principle in material guarantee law.]]>
<![CDATA[Pengaruh Korean Wave Sebagai Diplomasi Budaya Korea Selatan Terhadap Peningkatan Industri Kosmetik Di Indonesia ]]>
<![CDATA[Fadiyatun Nabilah]]>;
<![CDATA[Sri Yunanto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2571
<![CDATA[South Korea is one of the countries in the Asian region that has successfully implemented cultural diplomacy as a tool to achieve its country's interests. Apart from using music and film media, the Korean Wave is also able to spread through the Korean Beauty (K-Beauty) trend. K-Beauty is a natural facial skin beauty trend from South Korea. Korean Wave has succeeded in bringing K-Beauty to become increasingly famous in Indonesia and has also become a variety of cosmetic product choices for Indonesian women in choosing skin care and cosmetic products. Korean Wave has succeeded in making K-Beauty products a trend in the Indonesian cosmetics market by involving South Korean artists as Brand Ambassadors. The aim of this research is to determine the influence of the Korean Wave as South Korea's cultural diplomacy on the achievement of South Korea's state image in the field of Indonesian cosmetics. This research uses a qualitative approach to produce descriptive data. This research method uses documentation originating from digital repositories and official documents. The theories and concepts used in this research are the theories of neoliberalism, complex interdependence, soft diplomacy and cultural diplomacy. The research results show that the Korean Wave was formed as a South Korean Soft Power instrument which is based on popular culture, then exported to various countries in the form of cultural products, one of which is K-Beauty which can later be enjoyed by the wider community in various countries]]>
<![CDATA[Inspektorat Bolaang Mongondow Selatan Dan Efektivitas Fungsinya Dalam Pencegahan Penyalahgunaan Dana Desa ]]>
<![CDATA[Aditya Eka Prasetya Hasan]]>;
<![CDATA[Erman I. Rahim]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2599
<![CDATA[This research aims to (1) determine the Inspectorate's supervisory function in preventing misuse of Village Funds and (2) to analyze and formulate what factors influence the Inspectorate's function in carrying out its function as a supervisory element to prevent misuse of Village Funds in South Bolaang Mongondow Regency. This type of research is empirical research, namely research that examines community behavior that arises due to the existence of a legal rule, or vice versa, the formation of a legal rule due to behavior in society by conducting field research and literature review. The results of this research show that the prevention process carried out The Regional Inspectorate prevents misuse of Village Funds by supervising and controlling the management of Village Funds. Factors that influence its effectiveness are legal substance: There are no regional regulations or regent regulations regarding supervisory procedures. Legal structure: The number of auditors is still limited. Legal culture: An inspection process that does not fully reach the field. Where the law applies: There are 7 sub-districts and 83 villages in South Bolaang Mongondow Regency. Infrastructure: Limited facilities for mobilization and the absence of an online site as a source of information and public complaints. The research conclusion shows that the supervision carried out by the Regional Inspectorate of South Bolaang Mongondow Regency has not been effective.]]>
<![CDATA[Peraturan Hukum tentang Pemberian Hak Tanggungan Tanah ]]>
<![CDATA[Surya Rianto]]>;
<![CDATA[Santy Fitnawati WN]]>;
<![CDATA[Dika Ratu Marfu’atun]]>;
<![CDATA[Nurhasan Nurhasan]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2710
<![CDATA[The bill governs the administration of liability-rights. The rights of the liquefied are not divided unless promised in the document the rights are given. If a lien was applied to a certain land right, then it could be agreed upon in the corresponding document of the lien grant, that the payment of secured debts could be made in installments of the same amount as the price of liens. It is part of the title of the load that will be separated from the rights of the load, so the rights of the load in turn weigh only the remainder of the load to secure the rest of the debt. Land rights that can be encumbered with a mortgage are property rights, commercial property rights, and building rights. In addition to the land rights, the land rights of the state that, according to the prevailing regulations of legislation, must be registered and depending on the property that can be deducted, can also be the property rights.]]>
<![CDATA[Analisis Hukum Terhadap Sengketa Kepemilikan Tanah di Perdesaan Bersertifikat Ganda ]]>
<![CDATA[Cepi Winarso]]>;
<![CDATA[Nathasya Nathasya]]>;
<![CDATA[Santy Fitnawati WN]]>;
<![CDATA[Robby Nurtresna]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2713
<![CDATA[Land ownership was part of the civil rights, and the state gave legal evidence to probed peoples with land certificates. Inaccuracies in the making of the land papers/certificates could be due to deliberate or fraud (fraud) and/or coercion (dwang) in the making of the physical or legal data recorded on the land list. Hence, the certificate given may be invalid. The purpose of this research is to 1. Analyzing how the settling of the overlapping land-ownership disputes led to a dual certificate. 2. BPN responsibility analysis and legal protection methods in the making of double certificates. The study is conducted using a methodological study of prescriptive law and a field investigation approach. The land dispute was a dispute between two or more persons to retain a legal property rights against each person or group to maintain an interest in the same land or item inside or above the ground.]]>
<![CDATA[Kriteria Itikad Tidak Baik Bank Dalam Pelaksanaan Lelang Atas Objek Hak Tanggungan ]]>
<![CDATA[Nabilah Nurmasitha]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2719
<![CDATA[From traditional trading practices to today's global financial system, credit agreements have played an important role in the formation of the world economy. Good faith can often be said to be a high norm in civil law, especially in contracts, because objective good faith refers to a normative concept related to moral standards in carrying out legal actions, especially in carrying out auctions. Bad faith is a contario of the definition of good faith, namely that good faith will be the background for someone to act against the law which results in harm to another party. Bad faith has not been clearly regulated in any statutory regulations, so determining whether someone is acting in bad faith is not easy considering that there are no provisions related to bad faith in statutory provisions, including BW. This research aims to analyze the basic determinants of bad faith in the implementation of mortgage rights execution auctions by banks based on credit agreements and the legal consequences for banks who act in bad faith in implementing mortgage rights auctions. The research method used in the research is normative legal research using a statutory approach, case approach and conceptual approach. This research uses legal materials sourced from primary legal materials and secondary legal materials which are then collected through literature study, analyzed using qualitative methods. The results of the research are that the basis for determining the existence of bad faith can be seen from actions that violate the law which are not based on the principle of caution or are not careful in carrying out their duties. Therefore, as a legal consequence of bad faith, you can file a lawsuit for cancellation of the auction which causes the auction to be canceled to the Local District Court.]]>
<![CDATA[Pengajuan Gugatan Terhadap Ayah Kandung Atas Tidak Diberikannya Nafkah Untuk Anak Pasca Perceraian Ditinjau Menurut Hukum Islam Dan Undang-Undang Perkawinan : Studi Kasus Putusan Pengadilan Negeri Salatiga Nomor 102/PDT.G/2021/PN. SLT ]]>
<![CDATA[Revaganesya Abdallah]]>;
<![CDATA[Djanuardi Djanuardi]]>;
<![CDATA[Betty Rubiati]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/jhsp-widyakarya.v2i1.2722
<![CDATA[Divorce has legal consequences for the relationship between husband and wife, property, and children resulting from the marriage. Especially for children from marriage, it gives parents the obligation to maintain and educate their children. However, specifically child maintenance after divorce according to Islamic Law and the Marriage Law is the obligation of a father to his child. Case Study Research on Salatiga District Court Decision Number 102/PDT.G/2021/PN. Slt. a child filed a lawsuit against his father for post-divorce maintenance, however, the lawsuit was rejected by the Panel of Judges of the Salatiga District Court. Therefore, this study aims to determine the responsibility for fulfilling the father's maintenance of a child after divorce and the legal remedies that a child can take when the right to post-divorce maintenance is not fulfilled by using the research method, namely, the normative juridical approach method and analytical description research specifications, namely to examine events as the object of research guided by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method uses qualitative juridical which results in descriptive data analysis.]]>
