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Rianda Dirkareshza
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INDONESIA
Journal Social Sciences and Humanioran Review
Published by Zhata Institut
ISSN : 30326176     EISSN : 30325846     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Its scope covers a wide range of topics in the social sciences and humanities, including but not limited to law, politics, communication, sociology, psychology, anthropology, history, literature, art, linguistics, education, and others. The journal is published every January, April, June, September and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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KEDUDUKAN OBJEK JAMINAN KEBENDAAN DENGAN KEPEMILIKANATAS NAMA PIHAK KETIGA DALAM PROSES KEPAILITAN: Studi Putusan Nomor 08/Pdt.Sus-GLL/2019/PN.Niaga.Jkt.Pst Septia Salikhah Utami
Journal Social Sciences and Humanioran Review Vol. 1 No. 01 (2024): JANUARI
Publisher : Zhata Institut

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Abstract

The provision of material guarantees by third party can lead to struggles betweencurators and creditors in carrying out the execution of collateral objects inthebankruptcy, as is the case with Decision Number 08/Pdt.Sus- GLL/2019/PN.Niaga.Jkt.Pst. This research brings several formulations of theproblem, namely how is the position of the object of material guarantees on behalf ofthird party and how is the ratio decidendi analysis of the panel of judges in DecisionNumber 08/Pdt.Sus-GLL/2019/PN.Niaga.Jkt.Pst which includes objects of materialguarantees for names of third party into bankruptcy assets. This research is anormative juridical research with statutory and case approaches. The data obtainedcomes from secondary data and tertiary data in the form of interviews collectedbyliterature study to be analyzed descriptively qualitatively. The results of the studyshow that referring to Article 1 point 1 in conjunction with Article 21 of theBankruptcy Law, the position of the collateral object with ownership on behalf of athird party does not include bankrupt assets even though material guarantees havebeen charged to these assets so that the ratio decidendi of the panel of judges indeciding lawsuit No. 08/Pdt.Sus-GLL/2019/PN.Niaga.Jkt.Pst has been mistaken.
SENS CLAIR PRINCIPLE AS A LIMITATION ON THE INTERPRETATION OF CONTRACTS (CASE STUDY: BANDUNG STATE COURT RULING NUMBER 117/PDT.G/2021/PN.BDG) Nadia Wulandari Rotty
Journal Social Sciences and Humanioran Review Vol. 1 No. 01 (2024): JANUARI
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This research was conducted to examine the application of the sens clair principle contained in Article 1342 of the Civil Code in limiting the interpretation of a contract that has been agreed upon by the contract makers. This research was conducted using a normative juridical method sourced from secondary data, in the form of primary and secondary legal data obtained through literature study. The research approach is carried out using a statutory approach, a conceptual approach, and a case approach to the problems studied. The research results show that the principle of sens clair plays an important role in every contract making, so that by implementing this principle there is no difference in the fulfillment of achievements and no party is disadvantaged. One form of application of the sens clair principle is in Case Number 117/Pdt.G/2021/PN. Bdg, where the sens clair principle limits the interpretation of the legal domicile agreed upon by the parties.
LEGAL PROTECTION OF STEAM ACCOUNT OWNERSHIP AS VIRTUAL PROPERTY REVIEWED FROM OBJECTIVE LAW IN INDONESIA Dicho Sigit Nurdhito
Journal Social Sciences and Humanioran Review Vol. 1 No. 01 (2024): JANUARI
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Abstract

Humans in their lives need objects to be used directly or as tools to meet their daily needs. The progress of the technological era with the emergence of the internet also has an impact on changes not only on the systematic side but also affects the objects. The legal symptom is that media on objects in the Civil Code is the real world, while virtual property media is the world of the internet or cyber world. The phenomenon of the concept of virtual property in the future will increasingly occur in human life and even become an integral part of human life. In this research, it was carried out in a normative juridical manner. the approach is carried out with a statutory and contextual approach. Data sources come from three sources, namely primary which are invitation laws, secondary which are books and scientific papers, tertiary which are dictionaries and encyclopedias. Data collection was carried out by means of a literature study. Data analysis was carried out using descriptive-qualitative. The results of this study indicate that STEAM accounts are part of assets in the form of virtual property which are intangible objects in the Civil Code because they fulfill the elements of objects in general. A STEAM account can be attached with ownership rights in the form of property rights and proof of ownership of intangible objects in article 613 as evidenced by an authentic deed or private agreement, a STEAM account as a substitute for an underhand agreement, namely verification of the account with the email address and telephone number of the account owner . At this time the STEAM platform has been registered as an electronic system operator (PSE), so all acts of cybercrime are directly protected by provisions relating to information and electronic transactions and policies from the STEAM platform, this is part of protection and legal certainty.
VALIDITY OF LAND GRANTS IN THE CONSTRUCTION OF DRINKING WATER FACILITIES MADE UNDER HAND IN THE DRINKING WATER SUPPLY PROGRAM AND COMMUNITY BASED SANITATION Grace Agnes Clarissa
Journal Social Sciences and Humanioran Review Vol. 1 No. 01 (2024): JANUARI
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The implementation of land grants for the construction of drinking water facilities which are made privately and what is the validity of the private grant agreements that occur in the implementation of private grants in the Pamsimas program. The purpose of this research is to explain the implementation of grants that occur in the field in the Pamsimas program, as well as know the legal validity of land grants made privately. With the Pamsimas program implemented by the government which aims to provide clean water facilities for the community, land is needed to support construction development, so the community must contribute in the form of donating their land to the village government as a condition that must be met for the implementation of the Pamsimas program. This research was conducted in 3 provinces, namely Riau Province, Bangka Belitung Province, and Jambi Province. The problem in this research is the implementation of grant giving by village communities in the Pamsimas program by making grant statements privately, which means it is done without a PPAT deed being made and the land grants given on average do not have land certificates or have not been registered with the National Land Agency registrar. , and how valid it is. This happens due to a lack of legal understanding regarding land grant procedures according to the law and it has become a habit for village communities to make land grants privately without doing it before the PPAT. Another cause is the lack of costs to make a PPAT deed. The solution to this problem is by providing outreach to the community to understand what a grant is and registering the land one year before the development is carried out. Apart from that, the validity of the grant letter being executed is invalid because Government Regulation No. 24 of 1997 concerning land registration states that every grant of land and buildings must be made with a Deed from the Official Land Deed Maker (PPAT). If a grant in the form of land is not made by a notary, it will not have legal force.
ADMINISTRATIVE REQUIREMENTS FOR ACTIVE PARTICIPATION IN NATIONAL HEALTH INSURANCE REGISTRATION OF TRANSFER OF LAND RIGHTS FOR SALE AND PURCHASE Nikita Dwi Maharani
Journal Social Sciences and Humanioran Review Vol. 1 No. 01 (2024): JANUARI
Publisher : Zhata Institut

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This legal research investigates the nexus between the administrative requirement of active participation in the National Health Insurance (NHI) and the registration of the transfer of land rights in the context of property transactions. Employing a juridical-normative approach, the study meticulously analyzes legal regulations, legal doctrines, and court decisions relevant to land transfer registrations and the prerequisites of active NHI participation. The examination reveals that compliance with NHI administrative requirements has the potential to impact the smoothness of land transfer registration processes, and violations of these conditions may result in significant legal consequences. Therefore, a deeper understanding of this relationship provides practical guidance for stakeholders involved in land transactions and contributes to the development of pertinent policies that balance administrative and legal considerations within the framework of NHI and land rights registration.
HARMONISASI REGULASI HUKUM NASIONAL DAN HUKUM INTERNASIONAL TERHADAP INDUSTRI KELAPA SAWIT INDONESIA YANG BERDAMPAK PADA PERUBAHAN IKLIM GLOBAL Selma Dwi Amalia
Journal Social Sciences and Humanioran Review Vol. 1 No. 02 (2024): MARCH
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Indonesia is the country with the largest palm oil commodity in the world. This can be proven by the extensive palm oil plantations throughout Indonesia, especially in the provinces of Riau, West Kalimantan, Central Kalimantan, North Sumatra and East Kalimantan. However, the palm oil industry actually has a negative impact on the environment, because every stage of palm oil processing can produce gasses that cause greenhouse gasses. Indonesia feels a dilemma with the presence of international regulations in the Paris Agreement. On the one hand, there is Indonesia's push to ratify the agreement and support the global greenhouse gas reduction mission. But on the other hand, the Indonesian palm oil industry is a contributor to the country's foreign exchange which can improve the Indonesian economy. By using normative juridical methods through a statutory approach, and an analytical approach, the author finds two problem formulations (1) harmonization of national law and international law regarding Indonesia's main palm oil export commodity, (2) the role of the Indonesian government in implementing the ratified agreement regarding climate change international. Keywords: Palm Oil, Paris Agreement, and Climate
IMPLEMENTATION OF POSITIVE LEGISLATURE OF THE CONSTITUTIONAL COURT IN ELECTION LAWS AS AN ANTICIPATION OF FAMILY INTEREST CONFLICTS Fatma Fadilah; Adinda Rizki Rahmawati
Journal Social Sciences and Humanioran Review Vol. 1 No. 02 (2024): MARCH
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The Constitutional Court is one of the institutions in Indonesia, as a democratic country where equality is in the hands of the people and elections are held directly, publicly, freely, secretly, honestly and fairly every five years. Law number 7 of 2017 concerning elections regulates election participants as subjects in the democratic process, to ensure that elections are carried out with integrity and provide equal rights to every citizen. In this case, family involvement in this election is an effort to prevent nepotism and maintain integrity and fairness in the democratic process. This research has a problem formulation related to legal regulations regarding the president's participation in the presidential election campaign with family ties as well as the application of the positive legislature of the constitutional court in the election law to anticipate conflicts of family interest. This research uses normative juridical law. Limiting family involvement in elections through election laws is an important step to prevent nepotism and abuse of political power. The Constitutional Court plays an important role in ensuring compliance with the constitution and providing a clear interpretation of family conflicts of interest. Keyword: Constitutional Court, Family, Elections
EXAMINING THE CRIMINAL RESPONSIBILITY OF THE INDONESIAN FOOD AND DRUG AUTHORITY REGARDING THE DISTRIBUTION LICENSE OF SYRUP MEDICINES IN CASES OF ACUTE KIDNEY FAILURE Putri Nabila Sahwahita; Eliska Vioni; Salma Agustina
Journal Social Sciences and Humanioran Review Vol. 1 No. 02 (2024): MARCH
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In 2022, there was a phenomenon of cases of Atypical Progressive Acute Kidney Disorders in Children. After laboratory examinations were carried out by The Indonesian Food and Drug Authority together with other institutions, it was found that the compounds Ethylene Glycol (EG), Diethylene Glycol (DEG), and Ethylene Glycol Butyl Ether (EGBE) exceeded the limits in syrup medicines consumed by children. Based on this, this research aims to determine criminal responsibility by BPOM as the party that supervises all distribution of medicines and food regarding the distribution of syrup medicines which cause acute kidney failure in children and indications of the application of the murder article in the Criminal Code as BPOM's responsibility. The object of study in regulating legitimate composing is the disclosure of law in concreto using statutory and conceptual approaches. The research results show that in this case BPOM can be held criminally liable because it essentially fulfills the elements of error due to negligence. Apart from that, if we examine the Criminal Code, the legal basis that can accommodate BPOM's actions is Article 205 of the Criminal Code because in this case BPOM was negligent in granting a distribution permit for the syrup medicine which resulted in MMR and resulted in the death of the child.
THE URGENCY OF RATIFYING THE DRAFT LAW ON INDIGENOUS COMMUNITIES AS LEGAL PROTECTION FOR INDIGENOUS COMMUNITIES IN INDONESIA Shevanna Putri
Journal Social Sciences and Humanioran Review Vol. 1 No. 02 (2024): MARCH
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This research is conducted to obtain recognition and protection of the rights of indigenous communities by striving for the ratification of the Draft Law on Indigenous Communities. This research employs a normative juridical approach based on secondary data, including primary and secondary legal data obtained through literature review. The research approach used is statutory and conceptual approach to the problem discussed. The research findings indicate that the impact of the non-ratification of the Draft Law on Indigenous Communities could lead to legal uncertainty for indigenous communities, particularly regarding customary land which is often contested by parties with economic or developmental interests. Regulatory ambiguity frequently results in conflicts between customary law and positive law or modern regulations enforced by the government. Therefore, the enactment of the Draft Law on Indigenous Communities could serve as a legal umbrella providing certainty and legal protection for indigenous communities, thereby contributing to the implementation of one of Indonesia's national goals.
THE LEGALITY OF GRANTING LAND CONVERSION PERMITS IN FOOD ESTATE PROJECTS AS AN EFFORT TO REALIZE THE NATIONAL FOOD SECURITY PROGRAM Fahri Indiyartono; Suci Trianjani; Egi Rivaldi Gumilar; Virna Amalia Nur Permata
Journal Social Sciences and Humanioran Review Vol. 1 No. 02 (2024): MARCH
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Abstract

Currently the food estate project is one of the government's main focuses in implementing the national food security program. The development of a food estate has drawn pros and cons from the community. This raises public concerns that the construction of food estate projects could damage peatlands and protected forests. So this research aims to analyze the government's efforts to realize the national food security program through the construction of a food estate that utilizes peat land as an alternative planting medium as well as analyzing the legality of granting permits to convert peat land within protected forest areas as a follow-up to indications of crimes against the environment. In achieving the research objectives, the juridical-normative writing method was used. The results of this research provide information regarding the need for the government to work together to fulfill four important indicators for building large-scale food estates, which include: (1) agro-climate and soil suitability; (2) infrastructure feasibility; (3) technology; and social aspects of society. The legality of changing the function of peatland and the use of protected forests in food estate projects should be considered more carefully.

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