cover
Contact Name
Ardan Moris
Contact Email
ardan@iblam.ac.id
Phone
+6281919080892
Journal Mail Official
info@elena.co.id
Editorial Address
Ruko INKOPAL 27 D Lantai 2, Jl. Kramat Raya, Desa/Kelurahan Kramat, Kec. Senen, Kota Adm. Jakarta Pusat, Provinsi DKI Jakarta, Kode Pos: 10450
Location
Kota adm. jakarta pusat,
Dki jakarta
INDONESIA
Humaniorum Journal
ISSN : -     EISSN : 2988277X     DOI : https://doi.org/10.37010
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 123 Documents
Tinjauan Yuridis Terhadap Tindak Pidana Penggelapan Oleh Karyawan Melalui Transaksi Fiktif Dana Operasional Perusahaan (Studi Kasus Putusan Nomor 21/Pid.B/2025/PN Ptk) Simanungkalit, Dohma Pungu Nathanael; Karli, Karli
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.v3i3.128

Abstract

This study aims to examine the legal classification of the criminal offense of embezzlement committed in an official capacity and carried out continuously, as well as the application of criminal law in judicial practice, using Case Decision Number 21/Pid.B/2025/PN Ptk as a reference point. In this case, the defendant, who served as a financial staff member at CV Setia Andhika Sejahtera, was found guilty beyond reasonable doubt of systematically embezzling company operational funds through fabricated transactions from May to August 2023. The defendant submitted false financial requests and diverted the approved funds into a personal bank account without the company's knowledge, resulting in a financial loss of IDR 476,600,000.00. This research adopts a normative legal approach, grounded in statutory and conceptual analysis, and utilizes primary, secondary, and tertiary legal materials. The court concluded that the defendant’s actions fulfilled all elements of Article 374 of the Indonesian Criminal Code in conjunction with Article 64 paragraph (1), which governs repeated embezzlement by individuals in positions of trust. Consequently, the panel of judges sentenced the defendant to two years and three months of imprisonment. The legal reasoning and outcome in this case reflect the principles of legal certainty and justice for both the victim and the perpetrator.
Konflik Hubungan Industrial dalam Tindak Pidana Penggelapan Dana Perusahaan oleh Karyawan PT. MPK dengan Pendekatan Restorative Justice Untari, Kurnia Sri; 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.v3i3.129

Abstract

This study examines industrial relations conflicts in the criminal case of embezzlement of PT. MPK company funds with a restorative justice approach. Embezzlement of funds in Indonesian positive law, this crime is regulated in Article 374 of the Criminal Code as aggravated embezzlement because it involves a breach of professional trust. Resolving cases like this often takes a long time, is expensive, and does not always provide substantive justice for both victims and perpetrators. Therefore, the restorative justice approach is an alternative solution that emphasizes the restoration of losses and improvement of relations between victims and perpetrators. This approach has been legally regulated through the Indonesian Attorney General's Regulation No. 15 of 2020, which allows for the termination of prosecution if there is a restoration to the original state. However, the implementation of restorative justice is very contextual, depending on the value of the loss, organizational culture, and the good faith of the perpetrator. This study uses a normative legal method with a qualitative analysis of positive legal norms and legal doctrine. The results of the study indicate that the restorative justice approach is effective for minor cases with small losses and cooperative perpetrators, but cannot be applied to major or planned cases.
Kosmetik Ilegal, Otoritas Pengawasan, dan Profesi Medis: Kajian Hukum Administrasi di Indonesia Firmantoro, Kiki; Suvinah, Suvinah
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.v3i3.133

Abstract

The circulation of illegal cosmetics in Indonesia has increased significantly in the past five years, with the value of the recovered products reaching tens of billions of rupiah. This phenomenon becomes even more complex when the perpetrators are medical professionals who are supposed to maintain public health standards. This study aims to analyze the legal and administrative responsibilities of medical professionals who distribute cosmetics without a distribution permit and examine the roles of the Indonesian Food and Drug Monitoring Agency (BPOM) and the Indonesian Medical Disciplinary Council (MKDKI). The research method uses a normative juridical approach with case analysis and regulatory comparison. The primary legal materials include Law Number 36 of 2009 concerning Health, Law Number 8 of 1999 concerning Consumer Protection, and regulations related to medical practice, supported by an analysis of 15 court decisions from 2019-2024. The results show a significant disparity between the threat of sanctions in regulations (fines of up to IDR 1 billion) and the reality of court decisions (averaging IDR 5-10 million). BPOM's authority remains limited to administrative and supervisory matters, while MKDKI has a role in imposing professional disciplinary sanctions. Regulatory disharmony and weak coordination between authorities create legal loopholes that allow medical personnel to engage in illegal practices. This study recommends regulatory harmonization through the establishment of a cross-ministerial task force, strengthening progressive administrative sanctions, and implementing an integrated monitoring system to protect consumers and maintain the integrity of the medical profession.
Pertanggungjawaban Pidana Korporasi dalam Kasus Lingkungan Hidup di Indonesia Tinjauan Yuridis Undang-Undang Nomor 32 Tahun 2009 dan Perma Nomor 1 Tahun 2023 Rohmat, Dedin ; Aminudin, Cecep
HUMANIORUM Vol 3 No 4 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i4.130

Abstract

The environment plays an important role in human life now and in the future. Therefore, various environmental protection efforts are an important concern for stakeholders in Indonesia through regulations or legislation as part of law enforcement and preventive measures including Law Number 32 of 2009 concerning environmental protection and management to the latest regulation, namely Supreme Court Regulation Number 1 of 2023 (Perma Number 1 of 2023). This journal is written using two approaches, namely the regulatory approach (statute approach) and the conceptual approach (conceptual approach) which is supported by secondary data collection techniques through library research, both from books, journals or official websites. This journal shows that the role of Law Number 32 of 2009 is intended as a systematic effort to systematically preserve the environment to prevent environmental pollution and damage, while Perma Number 1 of 2023 is a law that can accommodate various advanced corporate criminal issues related to environmental cases that have just emerged in the early 2020s, including the destruction of coastal and forest ecosystems, pollution to violations of applicable regulations, including errors in the processing of B3 waste which opens up law enforcement, both criminal and civil, more fundamentally, effectively and systematically.
Perlindungan Hukum terhadap Kepemilikan Tanah dalam Sengketa Sertifikat Hak Milik atas Tanah di Cikarang Selatan, Kabupaten Bekasi, Jawa Barat (Putusan Perkara Nomor: 285/Pdt.G/2023/PN Ckr) Putri, Adinda Alvita; Suardi, Suardi
HUMANIORUM Vol 3 No 4 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i4.131

Abstract

This study examines the legal protection of land ownership in a land certificate dispute case in South Cikarang, Bekasi Regency, focusing on the District Court Decision Number 285/Pdt.G/2023/PN Ckr. The dispute involves the plaintiff as the legitimate owner of the land, proven by three lawfully issued land certificates from the 1980s to 1990s, and the defendant who obtained new certificates through allegedly invalid deeds of sale based on fictitious data. The legal issues analyzed include the court's legal reasoning in determining the existence of unlawful acts and the effectiveness of legal protection for rightful landowners. This research employs normative and empirical legal methods with a case approach, focusing on the court’s ratio decidendi. The findings reveal that the court fully granted the plaintiff’s claims by declaring the defendant’s certificates null and void, recognizing administrative negligence by the Ministry of Agrarian Affairs and Spatial Planning, and awarding substantial compensation. The ruling reaffirms the importance of due diligence in land administration and serves as an important precedent for legal protection of legitimate landowners in Indonesia.
Analisis Yuridis Terhadap Penerapan Pasal 146 KUHP dalam Kasus Demonstrasi Anarkis Komaruz Zaman, Muhammad Asiq; Fathinudin, Muhammad
HUMANIORUM Vol 1 No 03 (2023): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v1i03.144

Abstract

This study analyzes the legal application of Article 170 of the Indonesian Penal Code (KUHP) in cases of anarchistic demonstrations. It focuses on the interpretation and implementation of the law in the context of collective violence during public protests. The research identifies key challenges in enforcing this article, particularly in proving individual involvement in violent acts within large crowds. Additionally, the study highlights the importance of balancing law enforcement with the protection of human rights, especially the right to free speech during demonstrations.This research uses a qualitative method with a normative legal approach, analyzing primary and secondary data sources, including laws, regulations, and court rulings. The findings reveal that although Article 170 KUHP is relevant for handling anarchistic demonstrations, its implementation faces challenges such as identifying perpetrators and balancing enforcement with human rights.
Deradikalisasi Narapidana Teroris dalam Lembaga Pemasyarakatan Subki, Ahmad Ibnu; Fathinnuddin, Muhammad
HUMANIORUM Vol 2 No 2 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i2.145

Abstract

Deradicalization of terrorist prisoners in correctional institutions is a strategic step in efforts to prevent future acts of terrorism. This program aims to change the mindset and behavior of prisoners so that they are no longer influenced by radical ideology. The success of deradicalization is highly dependent on the synergy between the government, law enforcement officers, and the community in creating an environment that supports the social reintegration of former prisoners.This study uses a qualitative approach with literature study methods and interviews with stakeholders involved in the deradicalization program. The data collected were analyzed descriptively to identify supporting factors and challenges in implementing this program.The results of the study indicate that the effectiveness of deradicalization is influenced by internal factors, such as the level of individual acceptance of the program, as well as external factors, such as social support and correctional policies. Although there are challenges, such as limited resources and prisoner resistance, a multidisciplinary approach that includes religious, psychological, and economic aspects has been shown to increase the effectiveness of the program. Therefore, evaluation and strengthening of deradicalization policies are needed so that this program can run optimally and sustainably.
Tinjauan Hukum terhadap Kewenangan Brimob dalam Penggunaan Kekuatan pada Penanganan Demonstrasi Anarkis Khalid, Muhammad; Fathinudin, Muhammad
HUMANIORUM Vol 2 No 2 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i3.146

Abstract

This study examines the authority of the Indonesian Mobile Brigade (Brimob) in the use of force during the handling of anarchistic demonstrations, focusing on the legal regulations and their application in practice. The research highlights the legal frameworks established by Indonesian laws and police regulations to ensure proportionality in the use of force. The methodology employs a qualitative approach with a normative legal analysis, utilizing primary and secondary data sources such as laws, regulations, and judicial decisions. The findings indicate that Brimob's use of force is regulated by specific guidelines, including the principle of legality, necessity, and proportionality, although in practice, there are instances of excessive force leading to concerns regarding human rights compliance. The study concludes that while the regulations provide clear guidelines, better oversight and accountability are needed to ensure their proper implementation and adherence to human rights standards.
Ketimpangan Perlindungan Hukum Pidana dalam Penanganan Kasus Kekerasan terhadap Pekerja Seks Manalu, Triwandani; Dumillah, Dewic Sri Ratnaning
HUMANIORUM Vol 2 No 3 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i3.147

Abstract

This research addresses the legal inequality in handling cases of violence against sex workers, focusing on the gap in criminal law protection. The study explores the social stigma, patriarchal culture, and legal biases that contribute to this issue. It also examines the inadequate regulations and the lack of gender equality awareness that further hinder justice for sex workers. The findings suggest that these factors perpetuate victim-blaming and prevent sex workers from accessing legal protection and support.The research utilizes a qualitative method with a normative legal approach, analyzing regulations and the interpretation of legal norms. Primary and secondary data sources were collected through comprehensive library research.The study reveals that social stigma and gender biases significantly affect the justice system's response to violence against sex workers, with many cases going unaddressed. The lack of specific legal protections for sex workers exacerbates the inequality in their legal treatment. Furthermore, limited resources and knowledge among law enforcement officials hinder effective handling of such cases. The research concludes that a comprehensive approach involving regulatory reform and social awareness is essential to address this issue.
Tinjauan Yuridis terhadap Pertanggungjawaban Pidana dalam Kasus Pembunuhan Munir Said Thalib sebagai Pelanggaran Hak Asasi Manusia di Indonesia Armanda, Saddam Husein; Priyambodo, Mas Agus
HUMANIORUM Vol 2 No 4 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i4.148

Abstract

This scientific law article analyzes the criminal responsibility in the murder case of Munir Said Thalib as a human rights violation in Indonesia. The research aims to evaluate whether Munir's murder meets the criteria for a gross human rights violation under Law Number 26 of 2000 concerning the Human Rights Court, and to identify obstacles and challenges in enforcing justice and uncovering the intellectual authors in this case. The research method used is qualitative with a normative legal approach, relying on primary and secondary data from official documents, supporting literature, and scientific journals. The results indicate that although the field perpetrators have been punished, full accountability, especially from the intellectual authors and potential command responsibility, has not been achieved. Juridical analysis indicates that Munir's murder meets the criteria for a crime against humanity, but the classification and prosecution of this case as a gross human rights violation faces various obstacles, including alleged impunity and weaknesses in the legal framework. The research suggests the need for further investigation, revision of related laws, and increased cooperation between institutions to ensure justice for Munir and prevent similar cases in the future.

Page 11 of 13 | Total Record : 123