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Contact Name
Abdul Kadir Jaelani
Contact Email
alanzaelani50@gmail.com
Phone
+6287738904981
Journal Mail Official
journalhumanrightslegalsystem@gmail.com
Editorial Address
Sibela Utara Street No.3, Mojosongo, Kec. Jebres, Kota Surakarta
Location
Kota surakarta,
Jawa tengah
INDONESIA
JHCLS
ISSN : 28072979     EISSN : 28072812     DOI : 10.33292
Core Subject : Health, Social,
Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal of Human Rights, Culture and Legal System also covers multiple studies on law in a broader sense. This journal is periodically published (in March, July and November). The focus of Journal of Human Rights, Culture and Legal System is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. Journal of Human Rights, Culture and Legal System aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Journal of Human Rights, Culture and Legal System is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Tourism Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 23 Documents
Oil and Natural Gas Management Policy in Realizing Equal Energy in Indonesia Fatma Ulfatun Najicha
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.541 KB) | DOI: 10.53955/jhcls.v1i2.8

Abstract

In its development, the management of oil and gas in Indonesia has undergone several policy developments. The enactment of Law Number 22 of 2001 concerning Oil and Gas has become a new chapter in the regulation of oil and gas in Indonesia. This law wants to emphasize that national development must be directed to the realization of people's welfare by carrying out reforms in all fields of national and state life. This article finds that the law has affirmed the objectives of natural gas management to increase state income, create jobs, improve the welfare and prosperity of the people in a just and equitable manner, and maintain the environmental sustainability. However, gas management must be carried out carefully and should be free from liberalization schemes that can bring about social injustice and failure to achieve people's welfare. The Constitutional Court's decision, which has annulled the articles in the law, is imperative to do the legal reconstruction by ensuring laws that create happiness for the people.Keywords: Oil; Natural Gas; Equal Energy; Management Policy. 
The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration Gabriella Talenta Sekotibo
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.953 KB) | DOI: 10.53955/jhcls.v1i2.12

Abstract

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.
Effective and Efficient Synchronization in Harmonization of Regulations Indonesia Syahlan Syahlan
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.305 KB) | DOI: 10.53955/jhcls.v1i1.7

Abstract

Synchronization and Harmonization of Legislation in Indonesia are carried out by the National Legal Development Agency and the Directorate General of Legislation. The National Legal Development Agency will synchronize and harmonize laws and regulations at the planning stage and drafting the concept of laws and regulations. Meanwhile, the Directorate General of Legislation carries out synchronization and harmonization efforts at the stage of forming the draft legislation. The absence of a definite mechanism regarding the stages of synchronization and harmonization, as well as the separation of the process into two institutions, resulted in the efforts of synchronization and harmonization being not optimal because efforts of synchronization and harmonization are stages that must be carried out in a systemic and integrated manner. This impacts the quality of the laws and regulations produced, which is the goal of synchronization and harmonization. Keywords: Synchronization; Harmonization; Legislation.
Implementation of Parate Executie Object of Liability Redi Res
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.51 KB) | DOI: 10.53955/jhcls.v1i1.6

Abstract

Parate executive is the primary purpose of establishing Law Number 4 of 1996 concerning Mortgage Rights to provide solid legal protection for creditors holding mortgage objects. The easy and inexpensive execution process should make the parate executive the leading choice for creditors in auctioning mortgage objects if the debtor defaults. However, in reality, the parate execution could not be carried out properly because of the Supreme Court Decision No. 3210 K/Pdt/1984, in which one of the ratio decidendi in it that the public auction conducted by the Bandung KPKNL is invalid, and this is also supported by book II of the Supreme Court's guidelines which requires fiat execution from the District Court. This paper will explain how the two conflicting legal bases will impact the implementation of parate executives in the field. Keywords: Parate Executie;  Mortgage; Land.
Fiduciary Security Arrangements and Issues in Indonesia M. Jamil
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.456 KB) | DOI: 10.53955/jhcls.v1i2.1

Abstract

In this paper, the author explores the law of fiduciary security. Fiduciary guarantees have been used in Indonesia since the Dutch colonial era as a form of guarantee born of jurisprudence. This form of guarantee is widely used in lending and borrowing transactions because the loading process is considered simple, easy, and fast, but it does not guarantee legal certainty. Before the Fiduciary Guarantee Act, in general, Fiduciary guarantees were regulated in Oogstverband (Staatsblad 1886 Number 57) and jurisprudence based on the Hooggerechtsh of (HGH) decision dated August 18, 1932. In 1999 the Fiduciary Guarantee Law was born (UU No. 42/ 1999). The research method used in this paper is a juridical-normative research method with a conceptual approach and a statutory approach.Keywords: Fiduciary; Security; Guarantee.
The Crime Of Damage After the Constitutional Court's Decision Number 76/PUU-XV/2017 Abdul Kadir Jaelani; Resti Dian Luthviati
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.816 KB) | DOI: 10.53955/jhcls.v1i1.5

Abstract

From 2009 until now, there have been 30 cases tried by the Court with the use of Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. These various cases have raised opinions from some people who consider defamation offenses contrary to the spirit of reform that upholds freedom of thought and expression. Crime of reputation after the Constitutional Court Decision Number 50/PUU-VI/2008, Constitutional Court Decision Number 2/PUU-VII/2009, Constitutional Court Decision Number 5/PUU-VIII/2010, Constitutional Court Decision Number 31/PUU-XIII/ 2015, and the Decision of the Constitutional Court Number 76/PUU-XV/2017 concerning the Review of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions against the 1945 Constitution of the Republic of Indonesia are regulated in detail with one of the points, namely making changes in Article 27 paragraph (3) of the ITE Law and reducing criminal threats in 2 (two) provisions. Keywords: Reputation Offenses; Legal Certainty; Constitutional Court.
Management of High Secondary Education After Regional Government Law Andi Akbar Herman; Muhammad Jihadul Hayat
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.154 KB) | DOI: 10.53955/jhcls.v1i2.11

Abstract

Education is the constitutional right of every citizen, as mandated in the 1945 Constitution of the Republic of Indonesia, so that that good education management will support the progress of a nation. The tug of war on government affairs in education carried out by the central government to local governments from districts to provinces has further distanced public services. The type of research used in compiling this research is empirical legal research. The results showed that education management had implications for the ineffective management of senior secondary education in the North Kolaka district, from budget management, management of facilities and infrastructure, and management of human resources, no longer running effectively. This situation forced the provincial government to establish a branch office in the North Kolaka district to support administrative arrangements in the North Kolaka district.Keywords: Education; Transfer of Authority; Regency and Province.
Application of Timber Legality Verification System (SVLK) Policy as Ecolabel Implementation in the Indonesian Timber Industry Arifin Ma’ruf
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (245.077 KB) | DOI: 10.53955/jhcls.v1i2.10

Abstract

Ecolabel is an international environmental standard that has been set by the World Trade Organization (WTO). The application of ecolabel is expected to be a solution for environmental problems. Ecolabeling is carried out with an approach of internationally agreed standards. In the timber industry in Indonesia, ecolabeling is implemented with the Timber Legality Verification System (SVLK) policy. This policy is proven to overcome illegal logging and illegal trade and improve forest governance.Keywords: Ecolabel; SVLK; and Environment. 
Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution Arifin Maruf
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.194 KB) | DOI: 10.53955/jhcls.v1i1.4

Abstract

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.
Simplification of Law Regulations in Copyright Criminal Act Settlement Soeleman Djaiz Baranyanan
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (284.053 KB) | DOI: 10.53955/jhcls.v1i2.9

Abstract

The existence of overlapping laws and regulations in the Intellectual Property Rights (IPR) sector creates conflicts in their implementation. For example, the obligation to mediate as a condition for carrying out criminal charges for copyright infringement is based on Article 95 paragraph (4) of Law Number 28 of 2014 concerning Copyright. Mediation provisions in Law Number 30 of 1999 concerning Arbitration are a way of settling civil disputes outside the court to settle by deliberation and consensus with the help of a mediator. Meanwhile, mediation based on Perma Number 1 of 2008 is intended as an obligation for judges at the first level court in the District Court and Religious Courts in the context of resolving civil disputes. Settlement of copyright disputes is the authority of the Commercial Court, as a special court within the general court environment. However, the Commercial Court does not apply the obligation of mediation. The study results indicate that the simplification of legislation in the intellectual property sector will result in quality, simple, orderly legislation that will also increase investment, create employment opportunities, reduce the burden on society and the efficiency of the state budget.Keywords: Simplification; Copyright; Criminal Act Settlement

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