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Humaniorum Journal
Published by PT Elaborium Elevasi Indonesia
ISSN : -     EISSN : 2988277X     DOI : https://doi.org/10.37010
Core Subject : Science, Education, Social,
Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science
Humaniorum Journal is an open-access journal published by Elena, published four times a year. Humaniorum Journal is a scientific publication media in the form of conceptual papers and field research related to the study of Law, Humaniora, social science, and development. The Humaniorum Journal is expected to be a medium for academics and researchers to publish scientific work and become a reference source for developing science and knowledge.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 113 Documents
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Analisis Peran Paralegal Dalam Hak Memberikan Pelayanan Bantuan Hukum Bagi Masyarakat Yang Terjerat Kasus Pinjaman Online Ramadhan, Yogha Aditya; Setiawan, Ichwan
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.107

Abstract

This research is based on the phenomenon of the rapid growth of online lending in Indonesia, which is often accompanied by predatory lending practices, causing legal problems for the community, especially vulnerable groups. The main problem formulation is how the role of paralegals in providing legal aid services, as well as the extent to which the effectiveness of legal aid provided. The research method used is qualitative with a case study approach. Data was collected through direct observation with paralegals who are actively providing legal assistance to victims of online lending, as well as with communities who have received legal assistance from paralegals. The findings show that paralegals play an important role in improving access to justice for victims of online lending. These roles include providing legal information and education, legal advice, assistance with negotiation and mediation, and assistance with reporting to authorities. The effectiveness of paralegal legal assistance is influenced by paralegal competence, support from law enforcement officials, access to information, and collaboration with legal aid institutions. The study concludes that paralegals have great potential to make a significant contribution to achieving more equitable access to justice for the community.
Analisis Yuridis Kepastian Hukum Pajak dalam Transaksi Trading Forex dan Komoditi di Indonesia Amin, Munafri; Ardiansyah, Ardiansyah
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.108

Abstract

Forex trading, as is known, is an effort made to predict prices from time to time, with the aim of making a profit. Although in reality the prediction is not always correct because of many influencing factors as explained in the previous paragraph. Technological advances greatly influence the development of this investment where we can easily enter the money market just by using a cellphone or laptop. The formulation of the problem is 1) How is the implementation of the Indonesian taxation system in supervising and enforcing tax compliance in forex transactions? 2) How do the tax regulations in Indonesia provide legal certainty regarding tax on forex transactions? The results of the study are that the implementation of the Indonesian taxation system in supervising and enforcing tax compliance in forex transactions (foreign exchange) is very important, considering the large transaction volume and the potential for state revenue that can be obtained from this sector. And the tax regulations in force in Indonesia affect tax compliance by forex traders through various channels, such as income reporting obligations, tax rate determination, sanctions applied, and supervision of forex transactions.
Perlindungan Hukum Konsumen Pembeli Properti oleh Pelaku Usaha Properti dalam Pembangunan Perumahan Nofriyaldi, Dio; Suardi , Suardi
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.109

Abstract

Property is an asset that anyone wants to own because property is a guarantee for the future when investing in asset ownership. In the modern era, there are many property business actors who offer property buying and selling services either as residences or as investment assets for the future. However, when purchasing this asset, we must be careful in choosing the property we want to buy, both in terms of location, building materials and the property business itself, this is because many property business actors do not carry out their responsibilities properly, such as late construction. , collapsed, and property business actors who ran away took away consumers' money and abdicated their responsibilities. This research aims to examine property business actors in the development of housing construction which must comply with the schedule promised to consumers so that the property can be occupied as well as the sanctions that can be given to property business actors if they neglect their responsibilities, and the legal protection of consumers in purchasing property if this occurs. something undesirable.
Analisis Putusan Mahkamah Agung RI Nomor 1683 K/Pdt.Sus-PHI/2022 Terkait Pekerja PKWT Berdasarkan Undang-Undang No. 13 Tahun 2003 dan Undang-Undang Nomor 11 Tahun 2020 Wasito, Wasito; Widagdo , Gatot S.
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.111

Abstract

This paper analyzes the decision of the Supreme Court of the Republic of Indonesia Number 1683 K/Pdt.Sus-PHI/2022 regarding the status of workers with fixed-term employment agreements (PKWT) from the perspective of employment law. This analysis examines how the decision is applied to the provisions of Law Number 13 of 2003 concerning Manpower and the amendments stipulated in Law Number 11 of 2020 concerning Job Creation. This case focuses on workers who have worked for a long duration with PKWT without any legal termination, which gives rise to disputes regarding the status of a permanent employment relationship. In the decision, the Supreme Court upheld the previous decision requiring companies to recognize workers as permanent workers, because the duration of the PKWT exceeded the regulated time limit. This study shows that although the Job Creation Law provides flexibility in the duration of PKWT, the protection of workers' rights must still be prioritized, and companies are required to comply with legal procedures related to employment relationships. The results of this analysis are expected to provide insight into the implementation of employment regulations in Indonesia and the legal implications of changes to the law on employment practices.
Perlindungan Hukum Terhadap Konsumen Dalam Kegiatan Transaksi Elektronik (E-Commerce): Perspektif Undang-Undang Perlindungan Konsumen Tamaela, Kurniawan Willem; Solichin, Rizky Amalia
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.112

Abstract

This study aims to determine the form of legal protection for consumers in electronic transaction activities (e-commerce) and to find out how consumer dispute resolution in conducting electronic transaction activities (e-commerce). This journal uses a normative study method with normative legal assessment techniques, where research is based on legislation and library materials related to legal issues. This research also applies a statutory approach and a conceptual approach. This research can be concluded as follows: First, the protection for consumers has basically been regulated in Law Number 8 Year 1999 on Consumer Protection (UUPK). However, the existing legal protection regulations have not been able to protect consumers in cross-border e-commerce transactions in Indonesia. Legal protection of consumer rights in electronic transactions cannot rely on one aspect of the law alone, but must involve a system of legal instruments capable of providing simultaneous and comprehensive protection. Therefore, although electronic transaction trading provides many positive impacts, there are also many negative impacts that arise. This is where the importance of regulations in the field of information technology to provide legal protection for consumers in electronic transactions such as Law No. 11/2008 on Electronic Information and Transactions and Government Regulation No. 82/2018 on the Implementation of Electronic Systems and Transactions. Second, consumer dispute resolution in e-commerce transactions has become an important issue in the growing digital era. With the existence of various regulations such as GCPL, ITE Law, and PMSE Regulation, consumers in Indonesia have received adequate legal protection in online transaction activities. Various dispute resolution mechanisms, both through litigation and non-litigation channels, as well as the existence of an internal resolution platform from e-commerce, allow consumers to claim their rights if a problem occurs.
Analisis Yuridis Putusan Pemidanaan Dalam Tindak Pidana Pencabulan Dengan Korban Anak Dibawah Umur (Putusan Nomor 65/Pid.Sus/2023/PN Klb) Saputra, Elton Krisna; Guntari , Titiek
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.117

Abstract

Sexual abuse of minors is a serious crime often committed by adults against vulnerable children. This case highlights the importance of applying the law not only to punish the offender but also to protect the rights of children as victims. This study aims to analyze the legal application in the case of Decision No. 65/Pid.Sus/2023/PN Klb, which tried Marthen Lakau, a Civil Servant who committed sexual abuse against five minors. Using a normative legal method and document analysis, the study evaluates the judge’s considerations that reflect principles of justice and child protection. The research findings indicate that the sentence imposed on the defendant, which includes 15 years of imprisonment and a fine, aims to provide deterrence and protect society. However, the study also emphasizes the importance of psychological protection for the victims and rehabilitation for the perpetrator to prevent future occurrences of similar crimes.
Analisis Hukum Internasional Terhadap Keterlibatan Sindikat Internasional serta Lemahnya Pengawasan Perbatasan : Studi Kasus Tindak Pidana Perdagangan Orang di Batam Tahun 2022 - 2023 Pamungkas, Imam Chandra; Sutrisno, Andri
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.120

Abstract

Batam is one of Indonesia's strategic border areas that is highly vulnerable to human trafficking. Its geographical position, which is close to Singapore and Malaysia, along with high labor mobility, makes Batam a primary transit point for international syndicates engaged in human trafficking. This study analyzes the involvement of international syndicates in human trafficking cases in Batam during 2022–2023 and examines the weaknesses of border surveillance from the perspective of international law. The research employs a normative juridical approach, analyzing international legal frameworks, national regulations, and case studies of human trafficking in Batam. The findings reveal that weak border surveillance in Batam facilitates international syndicates in recruiting, smuggling, and exploiting victims, particularly women and children. Although Indonesia has ratified various international legal instruments such as the Palermo Protocol and the United Nations Convention Against Transnational Organized Crime, the enforcement and coordination among law enforcement agencies remain suboptimal. This study recommends strengthening border surveillance through technological advancements, enhancing international cooperation, and harmonizing national regulations with international legal standards to reduce human trafficking cases in Batam.
The Effectiveness of Insurance Claim Investigations in Detecting and Uncovering Criminal Fraud in Motor Vehicle Accident Claims (Case Study at PT Tujuh Bintangmas Perkasa) Pambudi, S. Untung; Suardi, Suardi
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.124

Abstract

The effectiveness of insurance claim investigations in detecting and uncovering criminal acts of Fraud in motor vehicle accident claims, with a case study conducted at PT Tujuh Bintangmas Perkasa. The method used includes a normative and empirical approach, involving direct interviews with company management and investigation teams. The results from these interviews show that claim investigations serve not only as an administrative verification tool but also as a legal instrument to strengthen the company’s position during reporting and law enforcement processes. Based on Article 251 of the Indonesian Commercial Code (KUHD) and Articles 378 and 381 of the Criminal Code (KUHP), investigations play a crucial role in proving the presence of bad faith by the insured party, such as concealing the vehicle’s damage history or forging documents. The investigation team operates under strict Standard Operating Procedures (SOPs) that include scene reconstruction, visual and forensic evidence analysis, and cross-verification of data from the initial policy application. However, several challenges remain, including limited coordination between institutions and insufficient human resources. To improve effectiveness, it is necessary to integrate national data systems, provide regular training for investigators, and optimize technologies such as big data and artificial intelligence (AI). The study concludes that a systematic claim investigation process supported by strong regulations can serve as a primary defense mechanism against Fraud, while also promoting a more transparent and legally compliant insurance industry.
Hak Asasi Manusia dalam Konteks Penggusuran: Tinjauan Yuridis Terhadap Perlindungan PKL (Studi Penggusuran PKL di Puncak Bogor) Ariono, Sujud; Windiyastuti, Feny
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.126

Abstract

This study examines the protection of Human Rights (HAM) related to the eviction of Street Vendors (PKL), with an example of the case of eviction of street vendors in the Puncak area, Bogor Regency. The existence of street vendors in the informal sector plays a vital role in the community's economy, but is often the target of eviction by the local government on the grounds of urban planning and public interest. In its implementation, the eviction is often carried out without a clear process, without appropriate relocation, and without considering the basic rights of the affected residents. The approach applied in this study is normative juridical, which involves legislative, conceptual, and case study methods. This study aims to analyze the practice of eviction from a legal and human rights perspective, and to assess its compliance with national regulations such as the 1945 Constitution and Law No. 39 of 1999, as well as with international instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). The research findings show that the eviction of street vendors in Puncak is not in accordance with human rights principles, because it is carried out without fair legal procedures and does not prioritize a participatory approach. Local governments, in this context, have yet to fully carry out their constitutional responsibilities to respect, protect and fulfill the rights of their citizens, especially vulnerable groups.
Pertanggungjawaban Hakim atas Pelanggaran Kode Etik dan Tindak Pidana dalam Kasus Rechterlijke Dwaling di Indonesia (Studi Kasus Putusan Pengadilan Negeri Surabaya Nomor 454/Pid.B/2024/PN.Sby) Susanto, Heri; Kemala, Ratih
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.127

Abstract

Rechterlijke dwaling is a failure of the law enforcement process that injures the sense of justice and diminishes public trust in the judicial system. The role of the judge, as the person fully responsible for the course of the trial, in upholding the law and justice is very crucial. However, it is not uncommon for cases where judges violate the code of ethics or even commit crimes causing rechterlijke dwaling. This journal discusses how judges are accountable both in the ethical and criminal realms in cases of rechterlijke dwaling, as well as the relevance of decision number 454 / Pid.B / 2024 / PN.Sby to this. This study found two things, namely; 1). the existence of a conflict of norms related to the criminal responsibility of judges, which shows the need to strengthen regulations as an effort to prevent the occurrence of rechterlijke dwaling, 2). decision number 454 / Pid.B / 2024 / PN.Sby is a miscarriage of decision which is caused by rechterlijke dwaling in its legal considerations.

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