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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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Perlindungan Hukum Terhadap Kepemilikan Tanah Dalam Sengketa Sertifikat Hak Milik Atas Tanah Di Kelurahan Hinekombe, Distrik 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.v3i2.88

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.
Peraturan Daerah Nomor 1 Tahun 2015 Tentang Rencana Tata Ruang Wilayah Kota Depok Tahun 2012–2032 (Analisa Pembangunan Ruang Terbuka Hijau (RTH) Hutan Kota Universitas Indonesia) Sidqi, Mochammad Affani; Aminudin, Cecep
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.v3i2.89

Abstract

The management of Green Open Space (RTH) in the Universitas Indonesia (UI) urban forest area is crucial for maintaining environmental quality and the balance of urban ecosystems, as regulated in Regional Regulation Number 1 of 2015 on the Spatial Planning of Depok City for 2012–2032. This study uses a juridical- empirical method to analyze the extent to which the implementation of regulations related to RTH complies with the provisions in the regional regulation. Based on regulatory analysis and field observations, despite the clear legal foundation provided by the regulation, its implementation still faces challenges such as land- use changes, weak coordination between institutions, and a lack of public awareness regarding the importance of preserving RTH. Oversight of the regulation’s implementation is also weak, leading to discrepancies between plans and actual outcomes. Therefore, improving supervision, enforcing stricter laws, and fostering collaboration between the government, Universitas Indonesia, and the community are essential to ensure that the management of RTH in the UI urban forest aligns with sustainable spatial planning principles.
Efektivitas Penegakan Hukum Terhadap Tindak Pidana Terorisme di Indonesia: Studi Kasus Densus 88 AT Polri Sitinjak, Rizal; Leksono, Arrum Budi; Savitri, Aisha Mutiara; Wijayanthi, Fatimah Ratna
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.v3i1.93

Abstract

Terrorism is an international crime that jeopardizes world peace and security while severely violating human rights, particularly the right to life. In Indonesia, terrorist acts have resulted in indiscriminate loss of life, widespread fear, and extensive material damage impacting social, economic, political, and international relations. To combat terrorism, the Indonesian National Police established a specialized unit, the Special Detachment 88 Anti-Terror (Densus 88 AT), tasked with counter-terrorism efforts. This study utilizes a qualitative approach to evaluate the existing legal framework, focusing on the application of legal principles, relevant regulations, and current practices. Data collection involved analyzing primary and secondary sources, including official government documents and scholarly literature, to gain a comprehensive understanding of the legal norms relevant to the study. The results reveal that Densus 88 AT Polri, formed under Police Chief Decree No. 30/VI/2003, has been effective in counter-terrorism operations, apprehending 850 terrorists over 13 years and neutralizing key figures such as Noordin M. Top. However, concerns remain regarding alleged human rights violations, with accusations of excessive force and extrajudicial killings. Despite these criticisms, legal provisions under Law No. 5 of 2018 provide Densus 88 with the authority to use coercive measures in counter-terrorism efforts.
Tinjauan Hukum Terhadap Penolakan Permohonan Pembatalan Perjanjian Perdamaian PT Anugerah Suryo Propertindo (Studi Putusan Nomor 8/Pdt.Sus- Pembatalan Perdamaian/2024/ PN.Niaga.Jkt.Pst) Dharmasetya, Lani
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.v3i1.95

Abstract

PT Anugerah Suryo Propertindo has submitted a request for cancellation of the peace agreement by PT Pembangunan Daerah Kalimantan Selatan Perseroda because it has been negligent in implementing the peace agreement (homologation) but the panel of judges in Decision Number 8/Pdt.Sus-Cancellation of Peace/2024/PN.Niaga.Jkt .Pst PT Anugerah Suryo Propertindo has submitted a request for cancellation of the peace agreement by PT Pembangunan Daerah Kalimantan Selatan Perseroda because it has been negligent in implementing the peace agreement (homologation) but the panel of judges in Decision Number 8/Pdt.Sus-Cancellation of Peace/2024/PN.Niaga.Jkt .Pst refused on the grounds that there were no facts or circumstances that were simply proven. The formulation of this research problem is how the Bankruptcy Law and PKPU regulate Peace Agreements, Cancellation of Peace Agreements and whether the rejection of the request for cancellation of the peace agreement by the Panel of Judges in Decision 8/Pdt.Sus-PebatalanPeace/2024/Pn.Niaga.Jkt.Pst is appropriate with the Bankruptcy Law and PKPU. This research uses normative legal research with secondary data. The nature of the research is descriptive and conclusions are drawn deductively. The results of this research consider that the Panel of Judges rejected the request for annulment of this settlement on the grounds that it was not proven, simply because this was a mistake because the application for cancellation of the peace submitted had fulfilled Article 170 paragraph (1) of the Bankruptcy Law and PKPU. In the future, the Panel of Judges will pay more attention and uphold it. legal certainty so that it can guarantee legal certainty and justice for all parties
Tindak Pidana Penipuan Diskon Palsu dalam E-Commerce: Kajian Hukum dan Perlindungan Konsumen di Indonesia Kinarta, Danny; 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.v3i2.113

Abstract

This research examines the legal framework and consumer protection concerning fake discount fraud in e-commerce in Indonesia, a growing issue alongside the rapid expansion of online transactions. Employing a normative legal research methodology and literature review, this study analyzes relevant Indonesian laws, including the Electronic Information and Transactions Law (UU ITE) and the Consumer Protection Law (UUPK). The findings reveal that while legal provisions exist to address such deceptive practices, challenges in enforcement and a lack of awareness among both merchants and consumers persist. This research concludes by emphasizing the need for enhanced legal enforcement, greater platform accountability, and improved consumer education to combat fake discount fraud effectively in Indonesia's digital marketplace.
Analisis Sanksi Pidana terhadap Pelaku Penyebaran Hoaks di Media Sosial berdasarkan UU ITE dan KUHP Tanujaya, Antonyo Hartono; Amsori, Amsori; Nugroho, Meysita Arum
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.v3i2.114

Abstract

This scientific article analyzes the criminal sanctions against perpetrators of hoax dissemination on social media based on the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP) in Indonesia. This research employs a normative legal research approach to examine the provisions within both legal instruments. The results indicate that the UU ITE generally provides more severe sanctions compared to the KUHP for the crime of spreading hoaxes, particularly in the context of electronic transactions and hate speech. Nevertheless, the effectiveness of these criminal sanctions in preventing the spread of hoaxes remains debatable, and this study concludes that a more comprehensive approach involving legal, educational, and technological aspects is necessary.
Tinjauan Hukum Terhadap Tindak Pidana Perdagangan Orang di Indonesia (Studi Kasus Putusan Nomor 60/Pid.Sus/2020/PN.Cjr) Ray, Keysha Gordiola Zahra; Hamonangan, August
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.v3i2.123

Abstract

Human trafficking is one of the crimes that is currently rampant in Indonesia, which is carried out in an organized manner by an individual or group of people with the aim of exploiting someone either economically or sexually. Based on data obtained by SIMFONI PPA, there were 678 victims of human trafficking in 2021. The problems that will be studied are how the criminal law policy is towards human trafficking, what are the factors causing human trafficking and to what extent law enforcement is against human trafficking cases based on a case study of decision Number 60/Pid.Sus/2020/PN.Cjr. The research method used is normative juridical which is descriptive analytical in nature. Law Number 21 of 2007 concerning the Eradication of Human Trafficking is a product of criminal law policy formed by the government. The form of legal protection that can be obtained by victims of criminal acts can be in the form of restitution rights, rehabilitation, and confidentiality of identity. This study is expected to provide recommendations for improving law enforcement policies and practices in eradicating TPPO in Indonesia.
Analisis Tindak Pidana Narkotika di Jakarta Selatan (Studi Kasus: Putusan Pengadilan Negeri Jakarta Selatan Nomor 391/Pid.Sus/2022/PN.JKT.SEL) Rafli , Muhammad; Purba, Lilis
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.v3i2.125

Abstract

This research activity aims to find out how the regulations related to narcotics crimes are in Indonesia and to find out whether the sanctions given by law enforcers in dealing with the occurrence of narcotics crimes in South Jakarta are appropriate. This type of research is descriptive empirical legal research with a qualitative approach. Data collection through observation and interviews. The analysis technique is qualitative, that is, the data obtained is arranged systematically and analyzed qualitatively. The results of this research indicate that the factors causing narcotics crimes in South Jakarta are caused by environmental factors, dependency factors, and family factors. Based on these factors, efforts were made by the Police and State Detention Center to reduce narcotics crimes, namely in the form of preventive efforts, repressive efforts and persuasive efforts.
Kajian Hukum Peranan Forum P3SRS National dan KumHam dalam Upaya Penyelesaian Kisruh Apartemen yang Tidak Berkesudahan Triana, Triana; Yasarman, Yasarman
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.v3i2.91

Abstract

The highest legal regulation guidelines in apartment investment are in law of the Republic of Indonesia Number 20, 2011 Concerning Apartments. Where it is stated that what is purchased by an apartment investor is not only 1 small unit of his house to live in. But it is also an obligation to buy jointly owned land where the apartment stands, building/areas of share owned. Facilities such as corridors, parking, prayer rooms, swimming pool, and also buying jointly owned object. Such as elevators, installation cables, generators and so on which are jointly owned objects. Legally for all such joint ownership, it is mandatory to form a legal entity association to receive the transfer of jointly owned assets whose members are the owners and residents of the apartment. The facts found in the authors’s research over the past 10 years, 99% of the transfer have not been carried out. So that there is a high-level game that is allowed where, the building assets that are still collaterized by the developer in banking, in the end, whether intentionally or not, there is bankruptcy, where the apartment assets that have been sold to the public with a notarial deed, will be considered invalid. And this happens even in the courts throughout Indonesia as if turning a blind eye to the value of the Notarial AJB being considered invalid by itself. All land assets under the name of the developer will be confiscated by the curator. On another occasion, developer companies that go public also use apartment assets or building and condotels above them are recorded as company assets that are used to increase the selling value of share. Then become asssets that are assessed to issue long-term debt bonds. What about OJK and the ministry of Finance and the Ministry of PUPR as supervisors? They also automatically turn a blind eye as if they do not know that the apartment is subject to joint ownership law. On the other hand, the lower level as implementing and supervising government officials, are flocking to commit collective violations. There is a power struggle between developer employees and owners in terms of management, where investors, the owners who occupy, are charged monthly IPL bills which are said to be for maintaining the area and common property. As well as markups on financial values related to businesses held in apartments for the running of residential life. In our research, we fount that lower-level government officials who were given too much authority had overlapping powers. Starting from being an implementing officer, concurrently supervising, and concurrently acting as a supervisor, in the end the authority was easily bought by developers, especially when an error occurs, then the individual will be more intensive in trying to cover up the error by issuing regulations, and approvals as if everything was in accordance with the rules even though it clearly conflicts with the higher laws of the Republic of Indonesia.
Pertanggungjawaban Hukum Pengelolaan Fasilitas Parkir dalam Perspektif Hukum Perlindungan Konsumen (Studi Kasus Kehilangan Barang di Penyediaan Layanan Penitipan Kendaraan DKI Jakarta) Randut, Krispianus; Sutrisno , Andri
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.v3i2.92

Abstract

Parking is one of the vehicle storage services used in various places. As one of the vehicle storage services, of course managing parking is one of the business fields. Thus, a legal relationship arises between the parking manager and the vehicle depositor (consumer). The legal relationship between the parking manager and the consumer is based on the goods storage agreement, standard clauses, and the rights and obligations of the parties. To facilitate the implementation of the business, business actors, especially parking managers, use standard clauses. Standard clauses are clauses that are made to facilitate the running of the business without having to make long agreements with many consumers. So that standard clauses are also called unilateral agreements made by business actors only. However, the existence of standard clauses actually harms consumers with regulations that shift the responsibility of business actors to consumers. This can be detrimental to consumers because the form of responsibility of the parking manager as a business actor has been charged to the consumer. Meanwhile, according to the provisions of Article 18 Paragraph (1) of Law No. 8 of 1999 concerning Consumer Protection, it is emphasized that business actors are prohibited from making standard clauses that shift their responsibilities. Therefore, the parking service provider who shifts its responsibility to the consumer is an act that is certainly prohibited by legal norms because it is detrimental to one of the parties. So that consumers can firmly file a lawsuit for the loss or damage of their belongings in the parking lot through civil or criminal lawsuits. For this reason, this study aims to determine the responsibility of parking service providers who also use standard clauses as in the Consumer Protection Law using normative legal research methods.

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