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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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Imposition of Land and Building Acquisition Duty on Legally Certain Transaction Agreements: Study of the Indonesian Constitutional Court Decision Number 117/PUU-XXI/2023 Arofah, Nurwegia Rahmawati; Waluyo, Waluyo; Sasmini, Sasmini
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.v6i1.2493

Abstract

The title of this research is the “Imposition of Land and Building Acquisition Duty on Legally Certain Transaction Agreements: Study of the Indonesian Constitutional Court Decision Number 117/PUU-XXI/2023”. The object of this research is the Indonesian Constitutional Court Decision Number 117/PUU-XXI/2023. The objective of this research is to discover whether or not the imposition of Land and Building Acquisition Fee on Sale and Purchase Binding Agreement in the Decision of the Constitutional Court of the Republic of Indonesia Number 117/PUU-XXI/2023 provide legal certainty for the community. The method of this research was the normative or doctrinal legal research which employed the statute approach, conceptual approach, and case approach. This research employed primary and secondary legal materials. Results showed that Land and Building Acquisition Tax is a tax imposed on the acquisition of land and/or building rights. Market value reflects the amount of money the seller, as the owner of the land and building, should receive and the buyer, as the party receiving the rights to the land and building being traded. The results of this study are expected to provide information and solutions for parties who study the legal implications and legal certainty for the community regarding the imposition of Land and Building Acquisition Duty on Transaction Agreements in the Decision of the Constitutional Court of the Republic of Indonesia Number 117/PUU-XXI/2023.
Legal Liability of Pharmaceutical Industry In Consumer Class Action Lawsuits: Analysis of Court Decision Number 771/Pdt.G/2022/Pn Jkt.Pst Aurelya Putri Alzahrah; Dwi Desi Yayi Tarina
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.v6i1.2500

Abstract

The case of atypical progressive acute kidney injury in children caused by contaminated syrup medicines containing ethylene glycol and diethylene glycol raises legal issues concerning the liability of the pharmaceutical industry. This study analyzes the legal responsibility of pharmaceutical producers and the application of class action mechanisms in Central Jakarta District Court Decision Number 771/Pdt.G/2022/PN Jkt.Pst. The research employs a normative juridical method with statutory and case approaches, using secondary data from legislation, court decisions, and legal literature. The findings show that pharmaceutical industries are obliged to guarantee product safety and quality under Indonesian law, and their negligence gives rise to civil liability enforced through compensation. The class action mechanism proved effective in securing access to justice, procedural efficiency, and legal certainty. This study highlights the need for strict compliance with production standards and the strengthening of class action procedures to enhance consumer protection in Indonesia.
Misuse of Rehabilitation Policy in the Narcotics Law: An Analysis of Extortion Practices by Police Officers Tuasalamony, Adzra Ardelia; Lewoleba, Kayus Kayowuan
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.v6i1.2501

Abstract

This research analyzes the implementation of rehabilitation policies under Law Number 35 of 2009 on Narcotics and their misuse by certain law enforcement officers. The study focuses on understanding rehabilitation as a right for victims of narcotics abuse and identifying the factors leading to extortion practices. The research employs a normative legal approach combined with statutory, case, and conceptual analyses. The findings reveal that although rehabilitation is regulated as an alternative to imprisonment aimed at health recovery and social reintegration, its implementation faces significant challenges, including limited facilities, social stigma, and unclear technical regulations. These conditions create opportunities for police officers to exploit legal loopholes and the vulnerable position of victims through extortion. Economic motives, social environment, weak internal supervision, and a permissive police organizational culture are identified as the main contributing factors. This study emphasizes the importance of strengthening regulations, enhancing law enforcement accountability, and expanding access to legal aid to ensure that rehabilitation policies truly protect victims and remain free from abuse of authority.
Digital Transformation In Handling Sexual Violence In Higher Education Institutions Heliany, Ina; Windiyastuti , Feny; Laela, Sofa
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.v6i1.2502

Abstract

This study aims to analyze the implementation of digital transformation in addressing sexual violence cases within higher education institutions by emphasizing the role of protection and assistance task forces through a feminist policy perspective. The research employed a descriptive qualitative method with data collection techniques including in-depth interviews, observations, and document reviews. The data were analyzed using a thematic approach to identify patterns, challenges, and opportunities for strengthening digital-based reporting and assistance mechanisms. The findings indicate that the existence of digital reporting systems contributes to improved accessibility and confidentiality for victims, yet still faces obstacles in terms of outreach, human resources, and technological sustainability. The role of the task force is proven to be crucial in ensuring victim-centered assistance, although capacity building and institutional support remain necessary for optimal system performance. Overall, digital transformation has the potential to serve as a strategic instrument in creating a safe, just, and responsive college environment for victims.
On-Chain Off-Chain Regulation on Crypto Asset in Indonesia Market Gunawan, Aloysius Bernanda; Tumanggor, M.S.; Rohman, Adi Nur; Syauket, Amalia
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.v6i1.2505

Abstract

The advancement of blockchain technology has created challenges for traditional regulatory frameworks, regarding consumer protection in crypto asset ecosystems. This paper examines dichotomy between on-chain governance mechanisms embedded within blockchain protocols and off-chain regulatory approaches imposed by state authorities. Through normative legal research and comparative analysis of international regulatory practices, this study identifies critical gaps in Indonesia's current crypto asset regulatory framework. The research reveals that existing regulations, through government’s commodity-based approach, inadequately address the technological governance inherent in blockchain systems like smart contracts, decentralized protocols, and automated consensus mechanisms. The study proposes a hybrid regulatory construction that synchronizes technological governance with traditional state regulation to create comprehensive consumer protection. The findings demonstrate that integrating on-chain compliance mechanisms with off-chain oversight can enhance consumer safety while maintaining innovation momentum. This research contributes to digital law study by providing regulatory models suitable for Indonesia's legal system and broader emerging market contexts.
Analysis Of The Judge's Ruling Regarding The Indonesian National Arbitration Board (BANI) (Decision Study Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr) Dyah A, Tata Eliestiana; Jamaludin, Jamaludin
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.v6i1.2509

Abstract

This research was conducted with the aim of finding out: 1) The basis for the judge's considerations in granting the applicant's request in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), 2) Analysis of the case resolution in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr). The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The results of this research show that: 1) The judge's basis for granting the Petitioner's petition in Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr was that the judge assumed that BANI Decision Number 513/IV/ARB-BANI/2013 was taken as a result of deception on the part of the Arbitration Petitioner. Then the Arbitration Panel made a real mistake in deciding the case regarding the use of the legal basis for decision making. Apart from that, the judge considers that BANI Decision Number 513/IV/ARB-BANI/2013 has violated the principle of freedom of contract and agreement law as regulated in Article 1338 of the Civil Code and Respondent II as the Decision Panel has given a decision that exceeds the demands in the Application for Arbitration. 2) Analysis of the case resolution regarding Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), the Petitioner believes that Arbitration Decision No. 513/IV/ARB-BANI/2013 was taken from a ruse. However, the Petitioner did not explain in detail what form of deception was carried out by the Arbitration Panel, so this is a tendentious and far-fetched accusation. There was not a single trick carried out against the litigants. And if it is a trick, then it must be based on a court decision that has permanent legal force. This is based on the Decision of the Supreme Court of the Republic of Indonesia dated March 30 2009 No. 729K/PDT.SUS/2009.
Juridical Analysis Of Child Grooming And Identify Forgery (Faker) In The Roleplayer Community On Social Media Jamaila, Jasmine Fatiha; Wahyuningsih, Yuliana Yuli
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.v6i1.2510

Abstract

This study examines the modus operandi of child grooming that utilizes identity forgery (faker) in the online roleplayer (RP) community, as well as analyzes legal protection and psychological impact on victims. Using a normative juridical approach, the study found that perpetrators systematically build an emotional relationship with child victims through false identities for the purpose of exploitation. This faker practice has been shown to cause deep psychological trauma and mental destruction. Juridically, this action can be charged through Article 378 of the Criminal Code concerning fraud, the Child Protection Law, and the ITE Law. The results of the study confirm the importance of digital literacy, parental supervision, and ongoing psychological support for victims. We suggest the need for more protective platform policies and legal adaptations that are responsive to these cybercrimes. Keywords: Child grooming, identity forgery, roleplayer, child protection, cyber law.
Implementation of The Relocation Policy For Residents of Rempang & Galang Old Villages: Human Rights Protection Issues Manullang, Rizky Ariftama; Shahrullah , Rina Shahriyani; Situmeang, Ampuan
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.v6i1.2515

Abstract

The relocation policy for residents of the Old Villages of Rempang and Galang in the context of developing Rempang Eco City raises serious issues in legal, social, and human rights aspects. This study aims to analyze the implementation of the relocation policy based on the approaches of Ius Constitutum and Ius Operatum, as well as to provide policy recommendations through the framework of Ius Constituendum. The method applied is empirical juridical with a qualitative approach, involving interviews with affected communities and NGOs, as well as a review of relevant legal regulations. The findings show that the relocation policy has not fulfilled the principles of public participation, the right to housing, and social justice, while also neglecting the principle of Free, Prior, and Informed Consent (FPIC), which is a standard in the protection of indigenous peoples. The relocation process is considered to lack transparency, compensation is disproportionate, and it fails to ensure the social and cultural sustainability of local communities. This study emphasizes the need for a human rights–based and justice-oriented relocation policy, referring to John Rawls’ Theory of Social Justice, by ensuring the protection of customary land rights, meaningful participation, and recognition of indigenous cultural identity. The reformulation of the relocation policy should be grounded in legal principles that are humanistic, participatory, and uphold substantive justice.
Annulment of Marital Property Agreements Due to Vitiating Factors: A Comparative Study Between Indonesian and English Law Sirait, Priscila; Marsal, Irsyaf
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.v6i1.2523

Abstract

This article examines how annulment of marital property agreements occurs when consent is tainted by vitiating factors. The research object focuses on prenuptial agreements in Indonesia and financial settlement agreements in England. The objective of this study is to analyze the legal framework, judicial practice, and consequences of annulment caused by error, misrepresentation or fraud, or duress in both jurisdictions. Using normative legal research, this study employs statutory, conceptual, comparative, and case approaches, supported by deductive analysis of legislation, jurisprudence, and scholarly opinion. The results show that under Indonesian law, annulment is possible when an agreement is proven to be based on false or misleading information, as exemplified by Denpasar District Court Decision No. 1308/Pdt.G/2019/PN.Dps, which annulled a prenuptial agreement due to misrepresentation. Meanwhile under English law, annulment is recognized in cases of fraudulent misrepresentation, as highlighted in Sharland v Sharland [2015] UKSC 60, where intentional dishonesty invalidated a financial settlement agreement. The conclusion affirms that such agreements are voidable and although annulment safeguards fairness and genuine consent, the division of marital property must still be pursued through separate judicial proceedings as the consequences in both legal systems.
Withdrawal of Processed Food And Cosmetic Products Without Bpom Distribution Permits Shelomita Putri Amelia; Dwi Desi Yayi Tarina
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.v6i1.2524

Abstract

The circulation of processed foods and cosmetics without distribution permits from the Food and Drug Supervisory Agency (BPOM) continues to increase in line with high market demand. This situation poses problems because products that have not undergone an evaluation process may contain hazardous ingredients and do not meet established safety and quality standards. This study aims to analyze the mechanism for recalling unlicensed foreign products and the legal implications of recalling unlicensed processed food and cosmetic products from abroad. Normative legal research using a legislative, case, and conceptual approach is the methodology employed. Research data was obtained through a literature study using primary, secondary, and tertiary legal materials. The study's findings demonstrate that BPOM uses pre-market and post-market oversight as part of a systematic supervisory mechanism. Product recalls are carried out in layers, starting from administrative sanctions to legal action in the event of repeated violations. The legal implications can take the form of technical guidance from BPOM and/or administrative sanctions such as warnings. In conclusion, BPOM's mechanism for recalling products without distribution permits emphasizes the importance of business actors' compliance with licensing regulations.

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