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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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Upaya Polri dalam Melakukan Penegakan Hukum Terhadap Kelompok Kriminal Bersenjata di Wilayah Papua Tengah Khozin, Muhammad Noor; Sari, Nia Ayu Mayang
HUMANIORUM Vol 3 No 1 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i1.65

Abstract

The Armed Criminal Group (KKB) in Papua is a separatist movement that has political objectives to separate itself from the territory of the Unitary State of the Republic of Indonesia or to liberate Papua. This separatist movement includes violence, kidnapping and human rights violations, and murder. Based on its history, this separatist movement has been going on for a long time since 1965 under the name of the Free Papua Organization (OPM). Both have caused unrest for the Papuan people and left the roots of the problem unsolved. Because of this, this research aims to find out how the Police's efforts in enforcing the law against the KKB and to find out the Criminal Code Articles that can be enforced in law enforcement efforts against KKB. The method used in this research is normative juridical research with a statutory approach. The results of this study explain that the Police have a very crucial role in handling the KKB conflict. This is in line with its function as a law enforcer in realizing public security and order. In handling the provocation group, the Police approached the Papuan people and jointly opened a space for dialog in order to eradicate the root of the problem.
Ketentuan Pidana Dalam Perjanjian Fidusia Terkait Perlindungan Konsumen Perusaan Pembiyayaan Di Sumatera Selatan Sanjaya, Eka Wahyu; Djatmiko, Sugeng; Khairi, Ilman
HUMANIORUM Vol 3 No 1 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i1.67

Abstract

It becomes clear from the examination of consumer protection offenses connected to fiduciary assurance agreements that an agreement, though a civil law document, might have a criminal component. Article 62 of Law Number 8 of 1999 concerning Consumer Protection, notably Article 18, about the provisions of standard clauses, contains information on the criminal implications of fiduciary guarantee agreements. Articles 35 and 36 of Law Number 42 of 1999 concerning Fiduciary Guarantees detail additional criminal issues. In light of this criminal component, the Consumer Dispute Settlement Agency (BPSK), an organization established under the Consumer Protection Law, is tasked with monitoring the incorporation of standard clauses and notifying the public prosecutor of any infractions of the law's provisions. Investigators typically connect it to the crimes of embezzlement and document forgery. The problem statement, "What is the Relationship between the Fiduciary Guarantee Law and the Consumer Protection Law?" is based on this background information. "How do the criminal provisions of articles 263 and 372 of the Criminal Code in fiduciary agreements from the perspective of the Consumer Protection Law?" is, of course, related to this relationship. Normative research methodology combined with a survey of the literature. An summary of the connections between consumer law, criminal law, and fiduciary guarantee agreements is presented in this journal's conclusion
Pembunuhan Diluar Proses Pengadilan yang Dilakukan oleh Aparatur Negara (Extra Judicial Kiling) Studi Kasus Kilometer 50 Jalan Tol Cikampek Analisis Yuridis Putusan Pengadilan Jakarta Selatan Nomor 868/ Pid.B/2021/PN.Jkt.Sel tanggal 18 Maret 2022 Apriyadi; Myharto, Wiend Sakty
HUMANIORUM Vol 3 No 1 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i1.68

Abstract

Shootings by state apparatus should be the last resort in accordance with Perkapolri Number 1 of 2009 concerning the Use of Force in Police Actions, taking into account the principles of nesesitas, legality, and proportionality. However, in practice, procedural irregularities often occur that lead to extra-judicial killings. Perkapolri Number 8 of 2009 emphasises that members of the National Police must not commit human rights violations in carrying out their duties. Every individual has the right to legal protection, freedom from torture, punishment and inhumane treatment. Law No. 2 of 2002 authorises state apparatus to act in the public interest, but still within the corridors of the law. The case of the shooting of six members of the FPI Laskar at KM 50 Cikampek Toll Road on 7 December 2020 sparked controversy. The police claimed that this action was an effort to disable threats, but the families of the victims and human rights organisations considered that the action was a form of extrajudicial killing. This case raises questions about the accountability of state apparatus in enforcing the law without committing human rights violations.
Putusan Mahkmah Konstitusi tentang Upah Layak: Harapan Baru bagi Dunia Ketenagakerjaan Indonesia Irayadi, Muhamad
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.v2i4.70

Abstract

The Constitutional Court's ruling on living wages is an important milestone in Indonesian labour policy. This study analyses the effectiveness of the implementation of the ruling and the factors that influence its implementation. Despite providing new hope for workers, the implementation still faces challenges, such as different interpretations of living wages between the government, employers, and labour unions, as well as economic instability that affects companies' ability to fulfil wage requirements. In addition, weak supervision and law enforcement lead to companies' non-compliance with labour policies. To improve the effectiveness of implementation, a collaborative approach between the government, employers and trade unions through constructive dialogue and policies that are adaptive to economic conditions is needed. This research recommends strengthening cooperation between stakeholders, increasing public awareness of labour rights, and stricter law enforcement to ensure effective and sustainable implementation of living wages.
Tinjauan Yuridis atas Pencabutan Status Tersangka terhadap Tersangka yang Melakukan Provokasi untuk Melakukan Kekerasan Hingga Menyebabkan Kematian Cumbhadrika, Chitto; Pradhana, Heykal
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.v2i4.77

Abstract

The determination of suspect status in Indonesian criminal procedural law is a crucial step based on sufficient and legitimate preliminary evidence. According to the Criminal Procedure Code (KUHAP) Article 1 Paragraph (14), an individual may be designated as a suspect if there is adequate preliminary evidence pointing to a criminal act. However, this suspect status does not always result in a continuation of the investigation, as it can be revoked if insufficient evidence is found or if the alleged act is not considered a criminal offense. This article discusses the process of establishing and revoking suspect status, with an examination of a particular case involving WJP, a suspect whose status was later revoked. The analysis focuses on the available evidence and expert testimony, particularly from a language expert, who interpreted WJP's statements to assess whether they could potentially be considered a provocation for assault. By emphasizing the principle of objectivity in law enforcement, this paper also examines the importance of legitimate evidence and accurate evaluation in determining the continuation or cessation of an investigation. The study aims to provide a deeper understanding of the legal process and highlights the significance of transparency, accountability, and objectivity in the investigative and prosecutorial stages to ensure justice within Indonesia’s criminal justice system.
Dampak Donasi Masyarakat Terhadap Aktivitas Terorisme di Indonesia (Studi Kasus Putusan Pengadilan Negeri Jakarta Barat Nomor 363/Pid.Sus/2022/PN Jkt.Brt) Renaldi; Purba, Lilis
HUMANIORUM Vol 3 No 1 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i1.75

Abstract

The terrorism movement in Indonesia is a collection of groups that spread radical ideologies through violence or systematic, planned, and intentional threats of violence aimed at changing the state ideology, namely Pancasila. Terrorism is also a crime committed with systematic, planned, and deliberate violence or threats of violence. Terrorism is an extraordinary crime that can destroy the sovereignty of a nation and state, so its prevention and eradication must be done in extraordinary ways. In Indonesia, many people donate, and the country itself has been recorded as the most charitable nation in the world for several consecutive years. Factors influencing Indonesia to become the most charitable country include religious teachings that encourage giving, a culture of mutual assistance (gotong royong), and zakat as a mandatory form of charity among Muslims. This study aims to analyze the impact of donations on terrorism activities in Indonesia, focusing on the case study of the West Jakarta District Court Decision Number 363/Pid.Sus/2022/PN Jkt.Brt. Using a qualitative approach, this research explores how donation mechanisms can become a source of funding for terrorist groups, as well as the factors that drive individuals or communities to make contributions. Data is collected through document analysis and observation, which are then processed to identify patterns and relationships between donations and terrorism activities. The results of the study show that there is a gap in public awareness regarding the risks associated with donations, as well as the importance of education to prevent funding for terrorism activities. This research is expected to provide recommendations for authorities and the public to improve understanding of the impact of donations and the steps to combat terrorism funding.
Analisa Perda DKI Jakarta No. 1 Tahun 2012 tentang Rencana Tata Ruang Wilayah 2030 Mulyana, Momon; Syahamin, Ahmad
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.v2i4.78

Abstract

This research uses the Empirical Juridical Method, examining the legal provisions that apply to implementation in reality. The applicable legal provisions referred to are Regional Regulation Number 1 of 2012 concerning the 2030 Regional Spatial Planning regarding the development of Green Open Space (RTH) for the DKI Jakarta Province Region in the Jagakarsa District, South Jakarta Administrative City. Regarding the problem of how to regulate green open space development in the Jagakarsa District area, are there any obstacles and what are the solutions. The results of this research show that Jagakarsa District is the area that has the largest green open space in the South Jakarta Administrative City area. The distribution of green open space in the Jagakarsa sub-district includes the distribution of green open space (RTH) in the Jagakarsa sub-district including urban forests, setu/lakes, reservoirs/river runoff spaces, reservoirs, interactive parks, environmental parks, road medians, river and canal borders, edges of railway lines. fire, under the electric power transmission network with shade plants, and local ornamental plants. The obstacle faced in the construction and development of green open space is changing the function of land to residential land. As a solution to suppress residential development by enforcing spatial zoning regulations. The role of the DKI Jakarta Regional Government in RTH is to carry out planning, utilization and control of green open space layout. The people of Jagakarsa District really feel the benefits of Green Open Space, clean air, the availability of clean water sources even though in the dry season, the Jagakarsa area is not too badly affected by drought, including floods.
Politik Hukum dalam Reformasi Sistem Peradilan di Indonesia Agung, I Gusti Agung Ngurah; Kusuma, Tiyar Cahya Kusuma; Pranacitra, Resi; Anggawira, Anggawira
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.v2i4.81

Abstract

The reform of Indonesia's judicial system is part of the ever-evolving legal political dynamics driven by public demands for greater transparency, accountability, and justice. Legal politics plays a strategic role in shaping the direction of judicial reforms, both in policy formation and implementation. Various factors, including legislation, political pressure, social influences, and economic conditions, contribute to this reform process. This article examines the role of legal politics in Indonesia's judicial reform by highlighting the factors influencing policy development and the challenges in its implementation. Using a normative juridical approach, this study analyzes post-reform legal policies, including regulatory changes and judicial institution restructuring, as well as their impact on the effectiveness and credibility of the judiciary. This study aims to provide a deeper understanding and recommendations to enhance the quality of the judicial system in the future.
Perlindungan Hukum Terhadap Saksi Pelapor Dalam Pemberantasan Tindah Pidana Pencucian Uang di Indonesia Hanafiah, Yuliana; Sari, Nia Ayu Mayang
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.69

Abstract

Money laundering is a crime that affects all countries, including Indonesia. Money laundering is a very serious criminal act, often carried out openly by the perpetrators, involving both the perpetrators and the beneficiaries. The methods wed by these perpetrators for laundering money have become more widespread and almost uridetectable. For this reason, the government requires the public to cooperate as partners in combating and preventing money laundering crimes in Indonesia, acting as reporters who have knowledge of money laundering indicators arid the initial crimes related to it. Therefore, this study aims to examine how legal protection is arranged for whistleblower wimesses in the eradication of money laundering crimes in Indonesia, as well as how the implementation of Law No. 8 of 2010 regarding whistleblower witnesses in money laundering crimes is carried out in Indonesia. The research method used in this study is normative juridical research with a legal approach. The results of the study explain that legal protection for whistleblower witnesses in the eradication ofmoney laundering crimes in Indonesia plays a crucial role in handling the elimination of these crimes. This is in line with the legal protection of whistleblowers, which is regulated by law, ensuring the safety of the whistleblowars, wimesses, and their families, as well as the need for legal counseling provided by the government until the case is resolved. In handling the eradication of money laundering crimes in Indonesia, the government's efforts to provide legal protection to whistleblower witnesses include granting legal certainty and benefits in the fight against money laundering crimes in Indonesia.
Kedudukan Pihak Tergugat dan Turut Tergugat dalam Perkara Perdata Ditinjau dari Akibat Hukumnya (Analisis atas Putusan Pengadilan Negeri Nomor 7/Pdt.G/2020/PN. Sbr Sumber) Dompas, Pascall Dimitri; Tobing, Padimun Lumban
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.71

Abstract

In civil procedural law, the position of the Defendant and Co-Defendant plays an important role in determining the direction and outcome of the trial. The Defendant is the main party sued by the Plaintiff for violation of rights or obligations, while the Co-Defendant is a party who is not directly involved in the main dispute, but whose existence is considered important to resolve the case as a whole, especially in order to fulfill the formalities of the lawsuit regarding the completeness of the parties being sued. Formulation of the Problem in this study: 1. How to determine the position of the Parties as Defendants and Co-Defendants in a Civil Lawsuit and what are the legal consequences? 2) Are the Legal Considerations of the Panel of Judges in the Decision of the Sumber District Court Number 7 / Pdt.G / 2020 / PN. Sbr Sumber District Court, in accordance with the provisions and principles of Civil Procedure Law? The research method used is a normative legal research method where data is obtained from legal materials sourced from literature in the form of books, regulations and court decisions. Research shows that a person is placed as a Defendant and as a Co-Defendant is determined based on the role of a person in an act that causes harm to the Plaintiff. A person whose actions cause harm to the Plaintiff, then the person who causes the harm is placed as a Defendant. Meanwhile, a Co-Defendant is a person who due to a situation or status has a role so that the Defendant can carry out his actions, so that the Co-Defendant cannot be sentenced to a condemnatory or punitive sentence. The legal considerations of the Judge in the Decision of the Sumber District Court Number 7/Pdt.G/2020/PN. Sbr which sentenced the Co-Defendant to share the losses and even confiscated his property, in addition to being contrary to civil procedural law regarding the status of the Co-Defendant, the verdict also contradicts the principle of ultra petita civil law, namely the principle where the judge may not grant more than what the Plaintiff requested. In this decision, the Judge has given more than the Plaintiff's petitum, namely Sentencing the Co-Defendant to be jointly and severally liable to pay compensation and confiscate the Defendant's property.

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