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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 Yuridis mengenai Aspek Perlindungan Konsumen yang Berkeadilan dalam Studi Kasus Wanprestasi terhadap Developer dalam Kasus Jual Beli Properti Arrasyid, Muhammad Zaidan; Utama, Erry Praditya
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.v3i2.72

Abstract

This research focuses on discussing the phenomenon that occurs in the rise of cases of default by property developers regarding property buying and selling transactions. This case raises various legal and social problems for people in Indonesia, including having a detrimental impact on buyers or consumers. That the case of Default by the Developer is based on the Developer's incompetence, such as the Developer's inability or failure to fulfill its promises or obligations in completing the housing project, the quality of the building, or the legality of the land/there is a land dispute between the developer and another party. The normative juridical method with a descriptive analytical approach results in the conclusion that consumer protection regulations and sanctions for default have been established, but the consumer protection aspect has not met justice for consumers, therefore it is recommended to apply appropriate sanctions, reimbursement of all costs, increase supervision of developers, and increase the role BPSK.
Disparitas Hukum terhadap Tindak Pidana Pembunuhan: Studi Kasus Putusan Nomor 424/Pid.B/2023/PN Jkt.Pst dan Putusan Nomor 221/Pid.B/2023/PN Dpk. Cahyadi, Roby; Fitryantica, Agnes
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.v3i2.73

Abstract

Sentencing disparity has long been a legal issue in Indonesia. Different sentences given by judges for similar cases have led to social jealousy. Therefore, this research will examine the elements that cause the disparity of punishment against the perpetrators of the crime of murder in violation of Article 339 of the Criminal Code (KUHP). This research is a normative legal research conducted by analysing secondary sources or legal and primary materials. This research uses literature study and collects the necessary data. To examine the data obtained, this research uses a qualitative method with a systematic process of data processing and interpretation. This study found that the disparity in the two decisions was that the Defendant Muhammad Yusup alias Yusup alias Mamang Bin Misdi (Alm) in Decision Number 424/Pid.B/2023/Pn Jkt.Pst, who was sentenced to 17 years in prison, had mitigating elements and aggravating elements that were normative. Whereas the Defendant Haris Sitanggang, Son of Parlindungan Sitanggang in Decision Number 221/Pid.B/2023/Pn Dpk who was sentenced to life imprisonment, has no mitigating elements and has aggravating elements, namely the defendant is a member of the police and is carrying out an official criminal sentence from the Indonesian National Police.
Perlindungan Hukum Kepemilikan Tanah dalam Sengketa Sertifikat Hak Atas Tanah di Desa Hinekombe, Kecamatan Sentani, Kabupaten Jayapura, Provinsi Papua (Putusan Perkara Nomor: 31/G/2023/PTUN.JPR) Rere, M. Nurdin Eba; Suardi, Suardi
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.v3i2.74

Abstract

This article discusses one of the problems that often occurs in Indonesia, giving rise to legal uncertainty and conflict in society. This research discusses legal protection and judges' considerations regarding ownership of land rights in land title certificate disputes in deciding lawsuit cases at the State Administrative Court. The main focus of the research is to analyze the role of the National Land Agency (BPN) in preventing and resolving disputes, as well as the legal mechanisms adopted. The research method used is normative with a statutory approach and case studies. The research results show that holders of legally issued certificates do not necessarily have the right to obtain legal protection through a lawsuit to the State Administrative Court (PTUN) and settlement through mediation at BPN. Apart from that, implementing the principles of legal certainty and good faith in every certificate processing process is an important factor in avoiding disputes. This research recommends increasing supervision in the process of issuing land certificates and strengthening the technology-based land administration system to prevent future land ownership disputes.
Perbandingan Perlindungan Hukum bagi Bidan dalam Menjalankan Praktik Keprofesiannya Sebelum dan Sesudah Berlakunya UU Nomor 17 Tahun 2023 tentang Kesehatan Astuti, Rahayu; Savitri, Aisha Mutiara
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.v3i2.76

Abstract

Legal protection is a protection given to legal subjects in accordance with legal rules, both preventive (prevention) and repressive (countermeasures), both written and unwritten in order to enforce legal regulations. Legal protection is one of the rights of Medical Personnel and Health Personnel based on Law Number 17 of 2023 concerning Health. This research compares legal protection for midwives in carrying out their professional practices before and after the enactment of Law Number 17 of 2023 concerning Health and analyzes the form of legal protection for midwives in handling medical disputes. The research method used is descriptive normative legal research. Meanwhile, the problem approaches used are the statutory approach and the conceptual approach. The research results showed that Law Number 17 of 2023 provides significant changes in the regulations for legal protection, namely they are more integrated and comprehensive and the regulations are clearer regarding the responsibilities and rights of Midwives in health services compared to previous regulations. Another comparison is in Law Number 17 of 2023 concerning Health that the resolution of medical disputes is prioritized through alternative dispute resolution outside of court. However, this law cannot yet be implemented in cases of suspected criminal acts against midwives in 2024, because the Professional Disciplinary Council (MDP) has not yet been formed and there are no recommendations for MDP as an effort to protect the law for Medical Personnel and Health Personnel. Therefore, it is hoped that implementing regulations, technical instructions from Law Number 17 of 2023 concerning Health will soon be prepared, especially regarding aspects of HRM management, guidance and supervision as well as legal protection, especially the mechanism for providing recommendations by the Professional Disciplinary Council (MDP).
Penerapan Peraturan Kepolisian Negara RI Nomor 6 Tahun 2019 tentang Penyidikan Tindak Pidana tentang Proses Penyidikan Terhadap Anak sebagai Pelaku Kejahatan Lorenza, Miranda Lola; Myharto, Wiend Sakti
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.v3i2.80

Abstract

In the investigation process, an investigator can only determine someone as a suspect if there is sufficient legal and accountable evidence. Investigators must ensure that the evidence collected is strong enough to support the determination of a suspect, and that laws have been established to maintain justice and prevent errors in the legal process. Article 183 of the Criminal Procedure Code provides an explanation that a person can only be sentenced to a crime if there is a minimum of two pieces of evidence that are valid according to legal provisions. The formulation of the problem is how to implement Article 10 of Perkap No.6 of 2019 concerning the investigation of criminal acts against children as perpetrators at the Ogan Komering Ulu Selatan Police Station? And what are the obstacles faced by PPA investigators in implementing Article 10 of Perkap No.6 of 2019 concerning the investigation of criminal acts against children as perpetrators at the Ogan Komering Ulu Selatan Police Station. The research methods used are normative juridical and empirical, using secondary and primary data. The results of the research are that the implementation of Article 10 of the National Police Chief's Regulation No.6 of 2019 concerning Investigation of Criminal Offenses related to child perpetrators has been carried out through a series of very careful steps and in accordance with applicable legal provisions, while still paying attention to the best interests of the child. South Ogan Komering Ulu Police is facing several obstacles related to legal structure, legal substance and legal culture. The advice given is that PPA investigators need to make continuous efforts to increase investigators' understanding of children's rights in criminal justice, as well as the importance of a child-friendly approach at every stage of the investigation.
Perlindungan Hukum Penumpang Pesawat Terbang atas Keterlambatan Maskapai Menurut Peraturan Menteri Perhubungan RI Nomor 89 Tahun 2015 dan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Rindiantika, Vista; Djatmiko, Sugeng
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.v3i2.82

Abstract

Air transportation has now developed rapidly so that many new airline companies are providing air transportation services and more and more people are using airplane services. In this case, there is still a lot of attention needed from the airline related to passenger rights which until now are still not considered in the schedule which results in flight delays for passengers. In this study, the researcher uses a normative juridical method by examining Law Number 1 of 2009, Regulation of the Minister of Transportation Number 89 of 2015 and Law Number 8 of 1999 and other legal journals. The researcher in this case carried out a descriptive analysis approach that aimed to examine related to legal protection for aviation consumers who experienced flight delays. The form of legal remedies taken in this dispute can be carried out inside or outside the court so that the liability of the airline can apply to the maximum. Responsibility in this case adopts the principle of presumption of liability.
Tinjauan Yuridis Tentang Perjanjian Sewa-Menyewa Rumah Menurut Kitab Undang-Undang Hukum Perdata Studi Kasus: Putusan Pengadilan Negeri Jakarta Utara Nomor 177/Pdt.G/2019 Hidayat, Nashiffa Thuraya; Ardiansyah, Ardiansyah
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.v3i2.83

Abstract

The lease agreement regulates the relationship between the tenant and the landlord in accordance with the Civil Code (KUHPerdata) and becomes the legal basis for both parties. The obligations of the relevant parties regarding the lease agreement are listed in the Civil Code. Lease is defined as an agreement in which one party gives the benefit of an item to another party for a certain payment. This agreement is valid if it meets the requirements in Article 1320 of the Civil Code, including agreement, capacity, specific object, and lawful cause. Written agreements provide more certainty and legal protection than oral agreements. The obligations of the landlord and tenant are regulated in Articles 1550 and 1560 of the Civil Code, which include delivery of goods, maintenance, and responsibility for damage. In the event of default, dispute resolution can be carried out through negotiation, civil lawsuit, or cancellation of the agreement in accordance with the Civil Code. The effectiveness of security seizure is important in ensuring the fulfillment of obligations by the party owed and preventing actions that can harm the owner or tenant. In addition, a verdict of verstek can be a solution for parties who do not attend the trial, thus providing legal certainty for the injured party. By understanding this rule, it is hoped that the parties can implement the lease agreement better and minimize disputes that may arise.
Analisis Yuridis Upah di Bawah Upah Minimum sebagai Hitungan Pesangon Pemutusan Hubungan Kerja yang Diputus oleh Pengadilan Hubungan Industrial Kohar, Kohar; Irayadi, Muhamad
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.v3i2.84

Abstract

Wages are the rights of workers/laborers received and stated in the form of money as compensation from employers or employers to workers/laborers, as happened to worker Neni Kartika who was paid wages below the minimum wage of Bogor Regency in 2021 and during work there was a dispute related to the employment relationship which resulted in Termination of Employment, therefore Worker Neni Kartika filed a lawsuit for Termination of Industrial Relations Dispute to the Industrial Relations Court, but the Panel of Judges issued a Decision in which the severance pay for termination of employment was calculated based on wages below the minimum wage of Bogor Regency in 2021, because the Panel of Judges was of the opinion that it had been agreed upon by the PT. Sung Bo Jaya Workers Union with PT. Sung Bo Jaya regarding the wages, it is very clear that it is very contrary to the labor law where the Wages agreed upon by the PT. Sung Bo Jaya Workers Union with PT. Sung Bo Jaya have nothing to do with worker Neni Kartika because Wages are Workers' Rights and there is no agreement between Worker Neni Kartika or the GSPMII PT. Sung Bo Jaya Workers Union with PT. Sung Bo Jaya, the problem arises, namely How are Workers'/Laborers' Wage Rights in Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation and How are Wages below the Minimum Wage As a calculation of severance pay, using the research method used by the author is Normative legal research, namely research on the application of law, and the author concludes that the Panel of Judges' considerations are wrong and do not carefully apply the law in providing their legal considerations.
Implikasi Prinsip Persamaan pada Pokoknya sebagai Indikator Itikad Tidak Baik (Bad Faith) pada Sengketa Merek Daimaru Vs Diamaru (Studi Kasus Putusan Perkara Nomor: 623K/Pdt.Sus-HKI/2024) Erfan, Errik; Kemala, Ratih
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.v3i2.85

Abstract

The similarity in essence between one trademark and another that previously registered trademark can be an indicator that a registered trademark is based on bad faith when registering at the Directorate General of Intellectual Property Rights, as regulated in Article 21 Paragraph (3) of Law Number 20 of 2016 Concerning Trademarks and Geographical Indications. A trademark applicant with bad faith are also the reason for a trademark cancellation lawsuit in the Commercial Court. The purpose of this research is to understand how the implications of the principle of equivalence can serve as an indicator of bad faith in the registration of a trademark. This research uses a normative juridical approach by library research. From the research conducted, it was found that there is a diversity of views, especially among judges, regarding the terminology of bad faith. This is because there is no definitive description or definition of bad faith is not clearly explained in trademark law, namely the interpretation of Article 21 paragraph (3) of Law Number 20 year 2016. Based on this research, the principle of similarity essentially indicates that a trademark can be a sign of bad faith in the application for trademark registration because the similarity essentially refers to riding on the reputation of a. Previously registered trademark Keywords: Trademark. Substantial Similarity, Bad Faith
Analisis Yuridis Pemutusan Hubungan Kerja Yang Diputus Daluarsa Oleh Pengadilan Hubungan Industrial studi kasus putusan Nomor : 26/Pdt.Sus-PHI/2024/PN.SRG Risdianto, Eko; Irayadi, Muhamad
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.v3i2.87

Abstract

Termination of Employment is any kind of termination of employment of workers/laborers. Termination to obtain a livelihood, termination to finance the family and termination period for medical expenses, recreation and others, Some disputes over termination of employment are actually limited by a 1 year expiration period to make efforts to resolve disputes in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes, therefore in order to obtain the right to severance pay for Termination of Employment carried out by the company, the Workers filed a Termination of Employment Dispute Lawsuit to the Industrial Relations Court whose decision has expired, for that the problem is How is the Process of Termination of Employment Disputes in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes and What is the deadline for filing a termination of employment lawsuit in Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes and the Constitutional Court Decision Number 94 / PUU-XXI / 2023 which was decided on February 29, 2024. The research method used in the author is normative legal research, namely, research on the application of law with a discussion of the Company's Actions that terminated the Employment of Andi Wiyono on the grounds that he was considered absent and to Indra Witanto on the grounds In connection with the action, persuading and ordering other employees not to accept sanctions given by the Company, the conclusion of which is that the Industrial Relations Court Decision which was decided to be out of date does not include the reasons regulated in Article 82 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes.

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