Jurnal Hukum dan Sosial Politik
Jurnal Hukum dan Sosial Politik dengan e-ISSN : 2986-3287, p-ISSN : 2986-4445 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November).
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268 Documents
<![CDATA[Peran Serta Perkembangan Hukum Perseroan di Indonesia dalam Maraknya ISU Penyimpangan Hukum Perseroan ]]>
<![CDATA[Alfaatihah Intan Inayah]]>;
<![CDATA[Nevarezita Rahmanda Arsyilhakim]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2134
<![CDATA[Some of the existing issues examined in this study include: how is the development of a Limited Liability Company(hereinafter referred to as “PT”) in Indonesia after the enactment of Law Number 40 of 2007 on Limited Liability Company? This study uses normative research. How to obtain the data used in this study the use of secondary data collection techniques. The technique of collecting secondary data obtained from the study of literature. The analysis used in this study is qualitative analysis, the data obtained will be described in the form of information and explanations, will now be studied by experts, legal theories that are relevant, and the arguments of the own author. The results showed that PT was first set out in Article 36 through Article 56 Indonesian Commercial Code(Hereinafter referred to as “KUHD”). In addition, PT is regulated in Article 1233 to Article 1356 and Article 1618 to Article 1652 of the Indonesian Civil Code(Hereinafter referred to as “Kuhperdata”). New Orde, Indonesian Government issued Law Number 1 of 1995 on PT which became the lex specialis under Indonesian legal framework over KUHPerdata and KUHD. In the Era of Reform, Indonesian Government issued Law Number 40 of 2007 regarding on Indonesian Limited Liability Company Law. New things are regulated in the Law as follows: Social Responsibility and Environment (TJSL) which is an application of the concept of Corporate Social Responsibility (CSR), changes in the company's capital, the affirmation of the board of company’s responsibillity and registration of the company's own use of Information technololgy (IT) therefore that the company registration can be performed online.]]>
<![CDATA[Praktek Berbangsa Dan Bernegara Berdasarkan Ketuhanan Di Indonesia Dalam Kaitanya Dengan Teori Pembentukan Negara Teokrasi ]]>
<![CDATA[Riyanto Riyanto]]>;
<![CDATA[Avi Firzashafira]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2174
<![CDATA[Pancasila as a national ideology implies a religious view of the nation, which upholds the values of God Almighty. This is as determined in the constitution of the Republic of Indonesia, which is stated in Article 29 A paragraph (1) of the 1945 Constitution as a result of the amendment of Chapter XI which states that "The state is based on the Almighty God" so that religious legitimacy is still needed in various aspects of the life of the nation and state, so that it cannot be separated from the Theory of Theocracy which states that the supreme power in a country is God's power which means, no one has supreme power in a country, apart from God. The purpose of this study is to examine and analyse carefully the practice of the nation and state based on divinity in Indonesia in relation to the theory of the formation of theocratic states. The legal research method used is normative juridical legal research method by conducting research on library materials and using statute approach. The result of the research is that the practice of religious life should strengthen and strengthen unity, integrity, and national resilience with Pancasila as the state philosophy and ideology of the nation as a determinant of national integration, a source of ethics for state administration, and continue to clarify and reinforce the role of religion as a state direction in the nation and state.]]>
<![CDATA[Implementasi Peran Bahasa Indonesia Dalam Menghadapi Era Globalisasi Ditinjau Dari UU Nomor 24 Tahun 2009 ]]>
<![CDATA[Satrio Wicaksono Adi]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2178
<![CDATA[Bahasa plays a very important role for people and society, for example by creating a tool to maintain the exchange of ideas between, among, or within groups of people within a particular group. Groups are also considered personal identities. Communication is an activity that unites, connects and builds relationships between many people. This scientific work aims to formulate the problem of the role of Indonesian in facing the era of globalization. This research uses a literature review method, which means this method examines the results of analysis of various conceptual information as well as qualitative and quantitative data from various previously published scientific articles. Almost all agreements in Indonesia are dominated by long sentences, up to eighty to one hundred words in one sentence. This is ironic, because Indonesian shouldn't be like that, thus showing clichéd mistakes that keep repeating themselves and lead to uncertainty. In short, understanding Indonesian is no longer the responsibility of a linguist or writer, but also of legal practitioners as the spearhead of law enforcement in Indonesia.]]>
<![CDATA[Urgensi Pembentukan Lembaga Pengawas Eksternal Yayasan di Indonesia Untuk Mengatasi Penyelewengan ]]>
<![CDATA[Muhammad Ath-Thariq Pratama]]>;
<![CDATA[Nurhidayah Muhcti]]>;
<![CDATA[Nyulistiowati Suryanti]]>;
<![CDATA[Deviana Yuanitasari]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2181
<![CDATA[This research examines the regulation of remuneration for Foundation executives in Indonesia, focusing on legal aspects and its implementation. As Foundations evolve to support social, religious, and humanitarian objectives, cases of misappropriation of Foundation funds have emerged, highlighting the need for tighter oversight. Through a normative juridical approach and descriptive analysis, this study details the issues surrounding remuneration regulations, emphasizes instances of financial misconduct, and discusses the importance of establishing an external supervisory body or regulatory changes. The implementation of Good Corporate Governance and Good Cooperative Governance principles within the Foundation context is also explored. This research responds to the need for integrity, transparency, and accountability in Foundation management to achieve the humanitarian goals they undertake. The conclusion underscores the necessity for further action, including the establishment of an external supervisory body or regulatory strengthening.]]>
<![CDATA[Peran Civil Law Dalam Sistem Hukum Indonesia ]]>
<![CDATA[Tri Bowo Hersandy Febrianto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2183
<![CDATA[The legal problems currently developing are of various forms and types, so legal codification must be adapted to these developments. Since the decade of Indonesia's independence, civil law has been used as the axis of the national legal system which aims to create legal certainty. Certainty and justice are not something new in the Indonesian legal system, this is the role of judges to create laws based on applicable laws and regulations. This research aims to explain the role of civil law as a national legal system applied by Indonesia to create law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The results of the research show that civil law still has an important role in the legal system in Indonesia, but legal codification needs to be adapted to increasingly advanced developments so that legal events that occur are still contained in statutory regulations.]]>
<![CDATA[Jaminan Hukum Terhadap Merek Yang Terdaftar ]]>
<![CDATA[Maruli Hutasoit]]>;
<![CDATA[Sahadi Sahadi]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2188
<![CDATA[This study aims to review and analyze how the legal protection of registered trademarks and also why protection of registered trademarks can end. Trademarks or brand for producers is an image as well as a good name for the company, beside that it is also a part of the business strategy. There is no producer who does not use the brand as an identity for the goods they produced or the services they provided. The identity which is embodied in the mark is an identifier and at the same time becomes a differentiator to the others. This is why disputes often occurs against the brand. The research method uses a normative juridical. the results of this study that the registration of a mark may end due to the expiry of the validity period of the mark, the deletion of the mark due to request of the owner, the deletion of the registered mark at the initiative of the Minister after obtaining a recommendation from the Trademark Appeals Commission, and the deletion of the mark due to a lawsuit from a third party. The existence of trademark protection starts from the registration of the mark, protection of the mark during the period of the registration of the mark for 10 (ten) years and can be extended with the same period of time, there is legal action both in civil lawsuits, criminal prosecution and administrative steps in the form of refusal of trademark registration and deletion of brand.]]>
<![CDATA[Perlindungan Hukum Bagi Kreditur Apabila Akta Jaminan Fidusia Tidak Didaftarkan Oleh Notaris ]]>
<![CDATA[Nagita Pujiastuti Djafar]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2196
<![CDATA[This research aims to determine the legal protection for creditors if the fiduciary guarantee deed is not registered by a notary, and the legal implications if the fiduciary guarantee is not registered by a notary. The method used in this research uses the Juridical Sociology method.The results of the research show that a fiduciary agreement which makes the object of collateral (in the form of objects) in a subsidiary agreement (acessoir) of the main agreement has weak legal protection for creditors if the agreement is not registered by a Notary through the Fiduciary Guarantee Institute, as stipulated in the Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal implications for creditors' rights because they do not comply with the principle of publicity as per the applicable consensus, in this case is Law Number 42 of 1999 concerning Fiduciary Guarantees which regulates Preferential Rights and Executorial Rights.For the implementation of financing by making objects into objects, an agreement process should be carried out in accordance with the Fiduciary Guarantee consensus by referring to Law Number 42 of 1999, by fulfilling the principle of publicity as the main legal principle in material guarantee law.]]>
<![CDATA[Pengaruh Korean Wave Sebagai Diplomasi Budaya Korea Selatan Terhadap Peningkatan Industri Kosmetik Di Indonesia ]]>
<![CDATA[Fadiyatun Nabilah]]>;
<![CDATA[Sri Yunanto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2571
<![CDATA[South Korea is one of the countries in the Asian region that has successfully implemented cultural diplomacy as a tool to achieve its country's interests. Apart from using music and film media, the Korean Wave is also able to spread through the Korean Beauty (K-Beauty) trend. K-Beauty is a natural facial skin beauty trend from South Korea. Korean Wave has succeeded in bringing K-Beauty to become increasingly famous in Indonesia and has also become a variety of cosmetic product choices for Indonesian women in choosing skin care and cosmetic products. Korean Wave has succeeded in making K-Beauty products a trend in the Indonesian cosmetics market by involving South Korean artists as Brand Ambassadors. The aim of this research is to determine the influence of the Korean Wave as South Korea's cultural diplomacy on the achievement of South Korea's state image in the field of Indonesian cosmetics. This research uses a qualitative approach to produce descriptive data. This research method uses documentation originating from digital repositories and official documents. The theories and concepts used in this research are the theories of neoliberalism, complex interdependence, soft diplomacy and cultural diplomacy. The research results show that the Korean Wave was formed as a South Korean Soft Power instrument which is based on popular culture, then exported to various countries in the form of cultural products, one of which is K-Beauty which can later be enjoyed by the wider community in various countries]]>
<![CDATA[Inspektorat Bolaang Mongondow Selatan Dan Efektivitas Fungsinya Dalam Pencegahan Penyalahgunaan Dana Desa ]]>
<![CDATA[Aditya Eka Prasetya Hasan]]>;
<![CDATA[Erman I. Rahim]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2599
<![CDATA[This research aims to (1) determine the Inspectorate's supervisory function in preventing misuse of Village Funds and (2) to analyze and formulate what factors influence the Inspectorate's function in carrying out its function as a supervisory element to prevent misuse of Village Funds in South Bolaang Mongondow Regency. This type of research is empirical research, namely research that examines community behavior that arises due to the existence of a legal rule, or vice versa, the formation of a legal rule due to behavior in society by conducting field research and literature review. The results of this research show that the prevention process carried out The Regional Inspectorate prevents misuse of Village Funds by supervising and controlling the management of Village Funds. Factors that influence its effectiveness are legal substance: There are no regional regulations or regent regulations regarding supervisory procedures. Legal structure: The number of auditors is still limited. Legal culture: An inspection process that does not fully reach the field. Where the law applies: There are 7 sub-districts and 83 villages in South Bolaang Mongondow Regency. Infrastructure: Limited facilities for mobilization and the absence of an online site as a source of information and public complaints. The research conclusion shows that the supervision carried out by the Regional Inspectorate of South Bolaang Mongondow Regency has not been effective.]]>
<![CDATA[Peraturan Hukum tentang Pemberian Hak Tanggungan Tanah ]]>
<![CDATA[Surya Rianto]]>;
<![CDATA[Santy Fitnawati WN]]>;
<![CDATA[Dika Ratu Marfu’atun]]>;
<![CDATA[Nurhasan Nurhasan]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2710
<![CDATA[The bill governs the administration of liability-rights. The rights of the liquefied are not divided unless promised in the document the rights are given. If a lien was applied to a certain land right, then it could be agreed upon in the corresponding document of the lien grant, that the payment of secured debts could be made in installments of the same amount as the price of liens. It is part of the title of the load that will be separated from the rights of the load, so the rights of the load in turn weigh only the remainder of the load to secure the rest of the debt. Land rights that can be encumbered with a mortgage are property rights, commercial property rights, and building rights. In addition to the land rights, the land rights of the state that, according to the prevailing regulations of legislation, must be registered and depending on the property that can be deducted, can also be the property rights.]]>
