Journal of Law, Politic and Humanities最新文献

{"title":"Building Social Construction and Tolerance In Customary Communication Law Communities (Study of Local Wisdom of Malay Tribes)","authors":"Marwan Marwan, Alamsyah Alamsyah","doi":"10.38035/jlph.v4i4.405","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.405","url":null,"abstract":"The purpose of this study is to find the meaning and positive role of the culture of \"Urang Kita\" and Pi'il Pesenggiri among the Banjar and Lampung tribal communities and the Lampung community in building tolerant attitudes between groups and religious communities in Kuala Tungkal Jambo and Lampung. The next goal is to explore opportunities for the value of these traditions in building and affirming tolerant and moderate life in society Indonesia is plural today. This research was conducted using a descriptive qualitative approach using a review system that summarizes the results of primary research to present more comprehensive and balanced facts to find a description of a problem or topic under study. Data collection techniques are carried out by collecting various documents related to the focus of research. The data that has been collected is then studied in depth to find out reliable research results. Based on the discussion and analysis in several chapters above, the results of this study are concluded as follows: Tolerance is one of the important attitudes in forming a peaceful and serene life to build a just, prosperous, developed and prosperous society. Tolerance has been a culture of the Indonesian nation since time immemorial, and this attitude is increasingly needed and must be strengthened in the modern era when Indonesian society is more diverse and faces challenges from various ideologies and foreign cultures. One strategic and important approach in building tolerance and preventing divisive identity politics is through local wisdom, namely the values that live and are practiced by tribal communities in the archipelago, such as the Banjar community in Kuala Tungkal Jambi and the Lampung Pepadun community in Tulang Bawang Lampung. One of the traditions of local wisdom of the Banjar people in Kuala Tungkal Jambi refers to or greets other groups outside the Banjar tribe with the term \"Urang Kita\" or \"Our Brothers\". With this expression, the Banjar tribe calls or mentions and acknowledges the existence of other tribes, but they are still called as \"Brothers\". Other groups outside the Banjar tribe can be Malays, Bugis, Javanese, Batak, etc., both Muslim and non-Muslim. While the tradition of local wisdom of the Lampung tribe is in the values of life, especially \"Pi'il Pesenggiri\", which teaches to respect guests, protect and require honor as a condition for doing good. Committing bad or unethical acts is considered a violation of self-esteem or \"pi'il\", therefore guests or other groups should be protected or respected. Tolerant attitudes must continue to be built and strengthened as a basis for realizing a just, prosperous, prosperous country within the framework of the Unitary State of the Republic of Indonesia that is peaceful and upholds human values.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"140 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economic Potential of Traditional Cultural Expression From The Perspective of Indonesia’s Intellectual Property Righs Law","authors":"Stevanny Stevanny, Gunawan Djajaputra","doi":"10.38035/jlph.v4i4.419","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.419","url":null,"abstract":"Folk Songs are very vulnerable to be claimed by other parties, changed and/or re-sung inappropriately or deviating from the values ??of the traditional community. So it is important to conduct a research related to the protection of Folk Songs within the scope of Copyright Law in Indonesia.This research aims to gain knowledge by analyzing the regulation of Folk Songs in terms of Intellectual Property Law, especially Copyright and certainty regarding their commercial use which produces economic benefits. This study employs normative legal research techniques utilizing both conceptual and statutory approaches to comprehend legal facets through relevant literature and regulations. In accordance with the Explanation of Article 38 paragraph (1) of Law Number 28 of 2018 concerning Copyright, which states that the State holds creative rights and that other parties can implement copyright with permission from the creator or copyright holder in the form of a license agreement, this research shows that folk songs are one of the traditional cultural expressions. The Minister is authorized to execute license agreements on behalf of the State with other entities having a similar standing. Despite the issuance of Government Regulation Number 56 of 20222 concerning Communal Intellectual Property to carry out the mandate of Article 38 paragraph (4) Law Number 28 of 2018 concerning Copyright, the provisions regarding the procedures and implementation of this application have not been thoroughly regulated.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"216 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Juridical Analysis of the Position of Actors \"Participating in Carrying Out\" in the Distribution of Illegal Drugs Based on Law Number 36 of 2009 Regarding Health (Study Decision Number 210/Pid.Sus/2023/PN Kwg)","authors":"Nadia Syahida, Deny Guntara, Muhamad Abas","doi":"10.38035/jlph.v4i4.399","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.399","url":null,"abstract":"The purpose of this research is to determine the regulations regarding Medeplegen's participation in Indonesian criminal law and to analyze criminal penalties for perpetrators of participation in the distribution of pharmaceutical preparations of illegal drugs. illegal in District Court Decision Karawang Number 210/Pid.Sus/2023/PN Kwg. Indonesia is a legal country that prohibits the circulation of pharmaceutical preparations or drugs forbidden without permission especially drugs the enter into the Psychotropic and Narcotics categories. But in reality, there are many distributors of pharmaceutical preparations in the form of drugs classified as psychotropics and narcotics without permits or illegally. Most of them do it not alone but in collaboration. This is included in the act of participation (Delneming), and then the party participating is called Medeplegen, as is the case in Decision Number 210/Pid.Sus/2023/PN Kwg. Qualitative and normative legal approaches are used as research methods taken from literature or material obtained from library research, and research specifications use analytical descriptive. The results of the research are: (1) That the distribution of pharmaceutical preparations with inclusions violates Article 197 of Law Number 36 of 2009 concerning Health, \"taking part\" or \"participation\" (Medeplegen) is regulated in Article 55 of the Criminal Code, and in terms of the element \" inclusion” namely in the form of conscious cooperation (bewuste samenwerking). (2) There is a difference between the application of the law and the reality of the verdict in Decision Number 210/Pid.Sus/2023/PN Kwg, where the amount of the fine is less than that stated in Article 197 of the Health Law, but the author sees and appreciates the considerations The Panel of Judges and pay attention to considerations regarding mitigating circumstances for the Defendant.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"31 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141388188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Validity of Goods/Services Contracts Signed by Commitment Making Officials Who Do Not Have A Certificate of Competency","authors":"H. Hermansyah, Mohammad Saleh","doi":"10.38035/jlph.v4i4.420","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.420","url":null,"abstract":"This research discusses the validity of goods/services procurement contracts signed by Commitment Making Officials (PPK) without a certificate of competence, in accordance with the provisions of Presidential Regulation No. 16/2018. This regulation requires PPK to have a certificate of competence by December 31, 2023, but many PPKs have not yet met this requirement. Through LKPP Circular Letter (SE) Number 1 of 2024, relaxation of this requirement is given, allowing the assignment of PPK from Other Personnel with basic certificates. This research uses a normative method with a conceptual and statutory approach, analyzing the legal implications of the relaxation. The results show that contracts signed by PPK without a certificate of competence can be considered \"voidable\" (vernietigbaar) according to Article 1320 of the Civil Code. This is due to the PPK's incompetence in fulfilling the required competency requirements.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"243 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141386745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection for Heirs Against the Transfer of Land Ownership Rights Through Underhand Sales and Purchase Agreements Without the knowledge of the heirs (Study Decision Number 41/PDT.G/2020/PN CELL)","authors":"Mochamad Agus Antoni, Yuniar Rahmatiar, Muhamad Abas","doi":"10.38035/jlph.v4i4.416","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.416","url":null,"abstract":"Referring to Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA), registration of land rights and the transfer of rights are regulated in Article 19 of the UUPA and its implementing regulations. A land certificate is official evidence that shows ownership status or rights to land. When the name of the land owner is on the land certificate or land deed registered by PPAT changes from seller to buyer, this is referred to as a transfer of property rights . However , it is still common for transfers of land rights to be carried out independently / privately without involving the authorities or without following established procedures . This can lead to legal uncertainty and potential problems regarding land ownership in the future. Normative juridical methods are used as the basis for research, descriptive analytical methods are the specifications in this research . Results: 1) Preventive legal protection and repressive legal protection are legal protection that can be provided in private land sale and purchase transactions . ­2) Based on Articles 1451 and 1452 of the Civil Code, the Panel of Judges decided in Decision Number 41/Pdt.G/2020/PN Sel , that the sale and purchase agreement for the disputed land object dated 5 June 2002 must be cancelled. Through this decision, the Panel of Judges provides legal protection through actual execution. The Defendants or parties who lose in the trial must return and hand over all the land that is the subject of the dispute to the Heirs (Plaintiffs). The land must be handed over in a vacant and free condition voluntarily.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"26 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection for Notaries in the Backdoor Listing Process Based on Capital Market Law in Indonesia (Study of PT Pantai Indah Kapuk Dua Tbk)","authors":"Viani Chrisanta Ranti, Richard Adam","doi":"10.38035/jlph.v4i4.395","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.395","url":null,"abstract":"Notaries as defined by Law Number 30 of 2004 amended by Law Number 2 of 2014 are public officials authorized to create authentic deeds and play a critical role in capital market transactions. In Indonesia, the capital market is governed by Law Number 8 of 1995, which serves businesses to raise funds, with Initial Public Offerings (IPOs) being a common method. However, due to the high cost and lengthy process through IPOs, companies often seek faster and more cost-effective alternatives such as backdoor listings. The backdoor listing process involves a company becoming public by acquiring an already listed company without undergoing the IPO process. This study uses a normative legal research method to analyze primary and secondary legal materials to provide a comprehensive understanding of this topic. Despite its cost efficiency compared to traditional IPOs, backdoor listings still have legal uncertainties. Notaries, who are crucial in this process, require legal protection to ensure compliance and professionalism. This highlights the need for specific regulations governing the backdoor listing process. Ensuring the legal protection of notaries is essential for maintaining the integrity of capital market transactions and providing a secure environment for all parties involved.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"20 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141388162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implications of Unlawful Actions by Directors Using the Name of a Limited Liability Company Without Going Through a GMS in Carrying Out Personal Debt Borrowings","authors":"Dery Dwi Andika, Mella Ismelina Farma Rahayu","doi":"10.38035/jlph.v4i4.413","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.413","url":null,"abstract":"This article is entitled Implications of unlawful acts by directors who use the name of a limited liability company without going through a GMS using normative juridical research methods, with a statute approach and a conceptual approach. The results of the analysis are the implications of unlawful actions by directors who use the name of a limited liability company without going through a GMS in borrowing personal debts, which do not provide binding legal force in terms of collection from the Limited Liability Company, because the conditions for the validity of the agreement are something that is halal or does not conflict with the law. The invitation was not fulfilled, because in the regulations it is stated that carrying out important policies and steps for a company requires making a request for the EGMS to be implemented. However, the debt and receivables agreement remains personally binding on the directors who incur the debt","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"16 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) as a Government Institution Facilitating the Electronic Land Certificate Policy","authors":"Jennyola Savira, Gunawan Djajaputra","doi":"10.38035/jlph.v4i4.418","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.418","url":null,"abstract":"The land sector is always seeing an increase in the community's demands. The state's land registration program and certificates of land rights are two measures that aim to provide community land-related activities more legal clarity. Technology has progressed to the point where traditional methods of registration and land rights certificates have given way to electronic alternatives. This change has led to a variety of responses and public concerns, one of which is whether the Indonesian state can realize this policy effectively in terms of regulations, institutions, infrastructure and society. This research was conducted to analyze the role of the ATR / BPN ministry as an institution that facilitates the electronic land certificate policy. The writing of this article uses normative research methods with a conceptual approach. The results of this study indicate that the ATR / BPN ministry has a crucial role in implementing this policy, starting from forming legal regulations, providing infrastructure, and creating innovations in the land sector to socialization in the community. The obstacles and constraints in implementing this policy include unprepared and optimized facilities and human resources, lack of public understanding, and imperfect legal regulations and security systems for electronic land certificates.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"71 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legality of Ownership Rights through Land Certificates issued by the Village Head","authors":"Rury Mutia Dewi, Mella Ismelina Farma Rahayu","doi":"10.38035/jlph.v4i4.415","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.415","url":null,"abstract":"This article is entitled, Legality of Property Rights through Land Information issued by the Village Head, using a normative research type and using secondary data as analysis material. The results of the analysis are land ownership rights in the UUPA as proof of ownership, namely a certificate. However, the village head's SKT can be used as a historical guide in registering land to obtain a certificate at the land office, on the basis of physical and written evidence with coherent research on land ownership and supporting written evidence. This decision is based on Indonesia using a negative publication system that has a positive tendency. So the Village Head's Land Certificate can only be used as written evidence to register for labor, but the village head's SKT is not proof of recognized land ownership rights.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"222 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Preparation of Regional Regulations in the Context of Implementing the Content of Presidential Regulation Number 38 of 2015 concerning Cooperation Agreements between Government and Business Entities in the Provision of Infrastructure","authors":"Kurdi Kurdi, Cut Zulfahnur Syafitri, Prita Amalia, Yuki M.A Wardhana","doi":"10.38035/jlph.v4i4.404","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.404","url":null,"abstract":"Government cooperation with business entities (PPP) provides many benefits in infrastructure development. however, the content material of the existing PPP legal basis is not suitable for implementation in the regions due to differences in budget availability. in connection with this, it is necessary to implement the content material of the presidential regulation in the form of regional regulations. this research uses a type of normative juridical research conducted by examining various previously available sources. in connection with this, in order to facilitate the analysis of legal sources, the author also uses statutory and conceptual approaches in this research. The result of this research is that presidential regulation number 38 of 2015 which discusses PPP has covered various matters like a law and actually the local government has a clear legal basis in order to pour the content material contained in the presidential regulation which the legal basis is contained in the basic law, the law even in the presidential regulation which discusses PPP itself so that the local government should be able to pour the material of the presidential regulation in the form of regional regulations.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"64 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}