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Journal of Law, Poliitic and Humanities
Published by Dinasti Research
ISSN : 27471985     EISSN : 29622816     DOI : https://doi.org/10.38035/jlph
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities and Politics which includes Curriculum Management, Graduate Management, Learning Process Management, Facilities and Infrastructure Management, Education Management, Funding Management, Management of Assessment, Management of Educators and Education Personnel, etc.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 1,054 Documents
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Sharia Cryptocurrency Regulations and Fatwas: A Maqasid Shariah Analysis Regulasi dan Fatwa Kripto Syariah: Analisis Maqasid Syariah Ramadhan, Ahmad Syauqi Azmi; Sukti, Surya
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2468

Abstract

Abstract: The growing use of cryptocurrency has triggered debates about its compatibility with Islamic law, especially in countries with a strong commitment to sharia economics. This study seeks to compare the legal regulations and religious fatwas on cryptocurrency in Indonesia and Malaysia, evaluated through the Maqasid Shariah framework. Using a normative-comparative legal approach, this research relies on statutory analysis, conceptual reviews, and cross-country comparisons. Key sources include DSN-MUI Fatwa No. 140/2021, Bappebti regulations, the Securities Commission Malaysia’s Guidelines on Digital Assets, and resolutions from the Shariah Advisory Council of Bank Negara Malaysia. Findings indicate that Malaysia shows stronger sharia governance through mandatory audits and public literacy initiatives, while Indonesia provides clearer legal certainty by codifying fatwas and regulations. These findings suggest that each country can learn from the other: Indonesia may strengthen governance, and Malaysia may enhance legal certainty. The contribution of this paper lies in its novelty of applying Maqasid Shariah to a comparative legal study of cryptocurrency, offering relevant implications for policymakers and sharia authorities.
Legal Justice and Legal Accountability in Multi-Clause Franchise Disputes (Case Study: Saimen Sarolangun) Theodore P.Z.M.G.Sibarani; Mohammad Jamin
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2469

Abstract

Currently, the business world is rapidly growing, as evidenced by the increasing application of business development through franchise systems widely adopted by entrepreneurs in Indonesia. The economic development of society in this technological era has certainly undergone various changes, resulting in business relations becoming more accessible to everyone. Therefore, adequate legal protection is needed to minimize potential problems that may arise, aiming to ensure justice and legal certainty within society. This means that the development of the business world must be accompanied by strong and sufficient legal protection to support potential legal issues in the future. In other words, regulations that provide legal justice and effective dispute resolution methods are required, which will particularly impact the parties involved, especially those who suffer losses, along with clear legal accountability so that violators can be held responsible for their actions. This research is normative legal research with a conceptual approach, and the data collection techniques used include literature study and a case study on decision No. 25/Pdt.G/2022/PN Srl. The findings show that dispute resolution in the case was carried out through litigation efforts, proving that the defendant committed a breach of contract in a franchise agreement that had already been notarized. This indicates that the franchise agreement was drafted by the parties into a legal document with strong evidentiary value. The document clearly establishes the legal relationship between the parties regarding their rights and obligations, created to ensure legal justice and to prevent future disputes. Furthermore, legal accountability was addressed in the judgment’s ruling, which was considered sufficient to cover all losses suffered by the plaintiff.
Legal Liability for the Bankruptcy of a Limited Liability Company Resulting from Unlawful Conduct Laksana, Angelia; Margaret, Felicia; Pradigdo, Yolanda Yuliani; Wuwung, Ivana Cindi Lydia
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2471

Abstract

Abstract: This study explores the legal liability of a limited liability company in the event of bankruptcy arising from unlawful acts committed by its management or controlling parties. The research aims to analyse the extent to which corporate liability can be imposed under Indonesian company law, bankruptcy law, and civil law principles, particularly when the principle of limited liability is challenged by fraudulent or unlawful conduct. Using a normative juridical method, this study examines primary legal sources, including the Indonesian Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, and Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Secondary legal materials, such as books, journal articles, and legal commentaries, are also analysed to provide theoretical support and comparative perspectives. The findings suggest that although the doctrine of separate legal personality protects shareholders from personal liability, exceptions may apply when unlawful acts such as fraud, bad faith, or abuse of corporate structure occur, thereby justifying the piercing of the corporate veil. This study highlights the importance of balancing legal certainty with fairness and accountability in corporate bankruptcy cases which offers recommendations that strengthen creditor protection and ensure directors cannot evade responsibility through corporate formalities. Keyword: limited liability company, bankruptcy, legal liability, unlawful conduct
Protection off Bird off Paradise Wildlife From Extinction Due to Poaching Wospakrik, Decky DA
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2474

Abstract

The hunting of wild birds of paradise results in a decrease in population and damages the ecosystem that has been created by nature. The increase in the hunting of birds of paradise continues to rise year after year, indicating that wildlife protection regulations have not yet effectively and strictly enforced and provided benefits such as a deterrent effect. On the other hand, the development of wildlife trade models follows the advancement of digital technology, namely social media, where wildlife trade no longer recognizes national borders. Thus, changes in regulations and increased multi-sector cooperation between state institutions, NGOs, and international organizations are necessary to enhance law enforcement against the poaching of birds of paradise. This research discusses the protection of birds of paradise from extinction caused by wildlife hunting. This research uses a normative research method with a regulatory approach. The results of this study show that the hunting of wild animals continues to increase year by year, as well as the development and changes in the methods of marketing wild animal hunting results. Therefore, amendments to Law No. 5 of 1990 on the Conservation of Natural Resources and Ecosystems can be made in accordance with technological advancements and to enhance cooperation among state institutions, NGOs, and international relations in law enforcement.
Artificial Intelligence in Telemedicine: Regulatory Challenges and Legal Accountability in Indonesia Diah Arimbi
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2475

Abstract

Abstract:Technological development has become a key catalyst in transforming various aspects of human life, including the healthcare sector, through telemedicine services. Telemedicine has emerged as an innovative solution to address challenges in healthcare access, particularly during the COVID-19 pandemic, by offering convenience, efficiency, and affordability. One of the supporting technologies that strengthens the telemedicine system is artificial intelligence (AI), which can analyze medical data, accelerate diagnosis, and monitor patients in real time. AI branches such as Natural Language Processing (NLP) also play a role in processing unstructured medical data, thereby supporting efficient documentation and clinical decision-making. However, the application of AI in telemedicine requires serious legal and regulatory attention. In Indonesia, the legal framework governing telemedicine and AI remains limited, lacks comprehensiveness, and is not yet legally binding. This situation raises ethical risks, algorithmic bias, and uncertainty regarding legal liability. Meanwhile, countries such as the European Union, Singapore, and Australia have designed adaptive regulations oriented toward patient safety and data protection. In facing these challenges, legal accountability from the Indonesian government is required as part of the implementation of good governance principles. The government must formulate clear, transparent, and inclusive regulations while ensuring the involvement of medical professionals in AI-based decision-making. Such measures will serve as strategic elements in building a safe, fair, and sustainable digital healthcare system.
A Legal Analysis of Simple Verification and Legal Protection for Concurrent Creditors in the Bankruptcy of a Developer (A Case Study of Decision No. 20/Pdt.Sus-Pailit/2022/PN.Niaga.Smg) Safitri, Diana Alpiani; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2479

Abstract

Bankruptcy is a legal mechanism that provides certainty for creditors when debtors are no longer able to fulfill their payment obligations. This study aims to analyze the legal steps that creditors can take against debtors who are in default based on the Cooperation Agreement Deed, as well as to examine the judge's considerations in deciding bankruptcy cases in the Semarang District Court Decision No. 20/Pdt.Sus-Pailit/2022/PN.Niaga.Smg in accordance with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The research method used is normative juridical with a constitutional and case approach. The results of the study indicate that the bankruptcy petition was granted because the bankruptcy requirements were met, namely the presence of more than one creditor and debts that had matured as regulated in Article 2 paragraph (1) of the PKPU Law. The panel of judges emphasized the principle of pari passu pro rata parte and the application of the principle of simple proof based on Article 8 paragraph (4) of the PKPU Law as the basis for their considerations. In conclusion, the application of the principle of simple proof in bankruptcy cases effectively provides legal certainty while guaranteeing justice for the parties.
Juridical Analysis Juridical Analysis Of The Legal Protection Of Children With Special Needs In Inclusive Education Diniati, Siti; Abdillah, Junaidi
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2486

Abstract

Inclusive education is a strategic policy to ensure the right to education for all children, including those with special needs. However, despite Indonesia’s strong normative framework supporting inclusive education, implementation remains uneven. This paper aims to examine the effectiveness of legal protection for children with special needs within the inclusive education system, using SMA Negeri 3 Pangkalpinang as a case study. The study employs an empirical juridical method, combining normative legal analysis with field observations and interviews involving educators, parents, and school administrators. The findings reveal a significant gap between the legal framework and the real conditions in schools. Key challenges include the absence of certified special assistant teachers, inadequate inclusive facilities, and limited awareness among stakeholders. The study concludes that while legal guarantees exist, systemic implementation barriers hinder their realization. Strengthening inclusive education requires harmonized policies, structural support, and a shift in legal culture within school communities.
The Role of Law in Safeguarding Consumers in the Fast Beauty Industry: A Legal Analysis on Product Safety and Quality Kathya Irsmi Sufa; Suparnyo
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2487

Abstract

The growth of the fast beauty industry in Indonesia presents serious challenges to consumer protection, particularly related to the circulation of illegal cosmetics, overclaims, and low understanding of product quality standards. This study aims to examine the implementation of consumer legal protection for fast beauty products in Kudus Regency, as well as to evaluate the extent to which ISO 9001:2015 quality standards are understood and implemented by business actors. This study uses an empirical legal approach with a qualitative design, and data collection techniques through in-depth interviews and documentation studies of regulations, business actors, regulators, medical personnel, and consumers. The research results indicate that consumer protection has not been optimally implemented due to weak oversight, limited resources, and low consumer literacy regarding product legality and safety. The implementation of ISO 9001:2015 is still limited to large-scale businesses, while small businesses do not yet understand the basic principles of quality management. These findings indicate the importance of integrating national legal regulations and international quality standards as a preventive strategy in the consumer protection system. In conclusion, consumer protection in the fast beauty industry requires a holistic legal approach based on regulation, quality, and education. This research contributes to broadening the conceptual framework of consumer protection law and provides a basis for policymakers to formulate more adaptive strategies to the dynamics of the modern cosmetics market. Future research is recommended to expand the geographic scope and use mixed methods to enhance the validity and generalizability of the findings.
Cyber Victimology: Innovative Models and Mechanisms for Protecting Child Victims of Sexual Violence Crimes in the Context of Cybercrime Guntara, Peter; Harmastuti, Primadia Putri; Putra, Calvin Andika; Liani, Feti
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2489

Abstract

This study was motivated by the complex urgency caused by the prevalence of sexual violence against children in the cyber world. Sexual violence against children leaves victims with deep trauma, anxiety, and social withdrawal. This study uses a normative legal research method with an in-depth literature review approach to analyse the implementation of positive law in Indonesia in protecting child victims of sexual violence in cybercrime, as well as innovations and mechanisms for protecting child victims of sexual violence in cybercrime. As a synthesis and solution, this study projects PELITA Model (Easy, Safe, and Child-Friendly Reporting; Digital Education and Literacy; Integrated Legal, Psychological, and Medical Services; Legal and Digital Forensic Infrastructure; Capable Child Investigators; and Collaborative Law Enforcement Officials) as a comprehensive framework. This model is designed to bridge the gap by synergistically integrating the strengths of formal law and operational innovation, emphasising a victim-centred approach from preventive, repressive, to rehabilitative measures. In conclusion, this study argues that effective protection requires an evolution from a reactive paradigm towards a proactive and adaptive protection system for child victims. PELITA Model can serve as a strategic roadmap for realising holistic protection for child victims of sexual violence in the digital space.
Settings On The Age Limit for Nomination as Regional Head or Deputy Regional Head in The Regional Government System in Indonesia Mareta, Moch. Firmandika Gita; Harimurti, Yudi Widagdo; Zaman, Nurus
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2491

Abstract

The direct election of regional leaders, as mandated by Article 18(4) of the 1945 Constitution, aims to produce leaders with competence, integrity, and dedication in line with the people’s aspirations. However, debates have emerged regarding the correlation between young or new leaders and their performance, which has sparked discussions on revising candidate requirements, particularly age limits. This study examines (1) how the age limit for regional head and deputy nominations is regulated in Indonesian law, and (2) the reasons behind changes in these requirements. Using a normative legal research method with statutory and conceptual approaches, the study finds that Law Number 10 of 2016 sets the minimum age at 30 years for governor and deputy governor candidates, and 25 years for mayor, deputy mayor, regent, and deputy regent candidates. Following a Supreme Court decision (Case No. 23 P/HUM/2024), the age requirement is calculated based on the swearing-in date. The Constitutional Court emphasizes that Article 7(2)(e) of Law No. 10 of 2016 must be strictly applied during the nomination process. Furthermore, the amendment of age limits cannot be separated from potential conflicts of interest among office holders. Constitutionally, such amendments are legitimate, whether conducted through judicial, legislative, or executive review.

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