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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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Medical Students and the Hope of Health Justice Tirtakusuma, Shamma Jezzaniah; Tirtakusuma, Andreas Eno
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.v6i1.2531

Abstract

This research uses a qualitative library research approach to examine the disparity in healthcare access and its impact on health equity in Indonesia. The study focuses on the concepts of health access and health equity, particularly in addressing the challenges faced by marginalized communities in remote and rural areas, such as Papua, compared to more developed urban regions like Jakarta. By analyzing secondary data, including legal documents like the 1945 Constitution of Indonesia and Law No. 17 of 2023 concerning Health, along with scholarly articles and NGO reports, the research aims to highlight systemic barriers such as geographical, financial, and service quality limitations. The study emphasizes the importance of equitable access to healthcare as a critical component of achieving health equity. The findings suggest that while significant progress has been made, much remains to be done to address these disparities and ensure that all citizens, regardless of their social or geographic status, have equal opportunities to achieve optimal health. This research also explores the role of healthcare professionals, community service programs, and innovations in health technology as solutions to these challenges.
Regulation of the Waqif Heirs in the Law of Waqf in Indonesia and Malaysia Al-Anshori, Huzaimah; Ramadhita, Ramadhita; Manfaluthi, Agus
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.v6i1.2535

Abstract

Indonesia and Malaysia, as developing countries, have similarities and differences regarding the heirs of the waqif, from their implementation, legal basis, and system, to the resolution of waqf disputes. This investigation scrutinizes the convergences and divergences within the waqf juridical frameworks of Indonesia and Malaysia, with implications that enrich the global dialogue on waqf jurisprudence. The study adopts a doctrinal, literature-oriented methodology, employing a normative juridical paradigm and relying on secondary data comprising primary, secondary, and tertiary legal sources. The analytical technique employed is comparative in nature. The outcomes of this inquiry elucidate that the legal configuration governing the heirs of a waqif in both Indonesia and Malaysia embodies distinct attributes reflective of their respective sociocultural typologies. The legislative treatment of waqif heirs in the two jurisdictions diverges; in Indonesia, their recognition is expressly articulated in Article 6, paragraphs (2) and (4) of Government Regulation No. 42 of 2006, which operationalizes the Waqf Law. The existing nazir informs the waqif or the waqif heirs, and the waqif heirs have the right to propose to the Indonesian Waqf Board (BWI) for the nazir‘s termination and replacement. In Malaysia, the waqif heirs are not specifically regulated, but there is legislation stipulating that in the waqf practice, the waqif must obtain approval from the King and the waqif heirs. The common point between these two countries lies in the framework of Islamic law, which follows the Shafi'i madhhab but is not absolute. However, in Malaysia, this only applies in certain states.
Interception at a Crossroads: Juridical and Strategic Perspectives on Wiretapping in Indonesia’s Counter-Terrorism Framework in the Digital Era Artya, Ade; Priyanto, Sapto; Subandi, Imam
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.v6i1.2537

Abstract

This research investigates the critical crossroads in Indonesia's counter-terrorism strategy, where success in suppressing terrorist attacks coincides with the expansion of a dual surveillance apparatus in the digital era. Employing a qualitative approach with juridical normative analysis and the Actor-Network Theory (ANT) framework, this study examines the strategic and legal dimensions of wiretapping. Findings indicate that the formal legal framework, particularly Law No. 5 of 2018, provides a basis for effective proactive interception but contains ambiguities that grant broad discretionary power. Crucially, the research uncovers a parallel, unregulated surveillance regime involving invasive spyware procurement and extra legal agreements that bypass judicial oversight, thereby threatening civil liberties. The study concludes that this duality creates a security paradox, where tactical success masks systemic risks to the rule of law. Comprehensive legislative reform is imperative to establish a singular, proportional, transparent, and accountable framework.
Jambi City Government's Strategy in Overcoming Parental Rejection of Diphtheria Tetanus Immunization at The Talang Bakung Health Center In Jambi City Witri, Repelita; Putra, Marsudi Dedi; Kuntardjo, Carolina; Ropii, Imam
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.v6i1.2538

Abstract

This study aims to identify the factors that cause parents to refuse Diphtheria Tetanus immunization for children's health at the Talang Bakung Health Center, Jambi City, and analyze the legal strategies implemented by the Jambi City Regional Government in overcoming these rejections. The research method used is empirical legal research with a qualitative approach. Data was collected through interviews, observations, and documentation of related parties such as health workers, parents, and local government officials. Data analysis was carried out in a descriptive analytical manner by relating relevant field findings and legal theories. The results of the study showed that immunization refusal by parents was caused by several factors, including concerns about Post-Immunization Adverse Events (AEFIs), lack of understanding of vaccine benefits, the influence of misinformation on social media, and low trust in health workers. Social, cultural, and religious factors also contribute to strengthening resistance to immunization programs. The Jambi City Regional Government implements a persuasive and educational legal strategy by emphasizing increasing public health literacy through integrated socialization, the involvement of religious and community leaders, and the affirmation of legal policies based on Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024. In addition, the Regional Government strengthens legal protection for health workers and regulates the mechanism for handling AEFIs in a transparent manner to foster public trust. This legal strategy has proven effective in reducing immunization refusal rates and increasing community participation, although ongoing efforts are still needed to strengthen legal awareness and overall public health.
Reconstruction of Management Cost Allocation During the Transitional Period of Apartment Housing Based on Justice and Legal Certainty Saputro, Denny Wibisono
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.v6i1.2541

Abstract

The development of apartment housing in Indonesia represents a strategic initiative to provide decent housing amid the scarcity of urban land. However, regulations governing the transitional period before the establishment of the Association of Owners and Occupants of Apartment Units (PPPSRS) remain inconsistent, leading to legal uncertainty and injustice, particularly in the allocation of management costs. This study aims to analyse weaknesses in existing regulations, evaluate their implementation in practice, and propose a legal reconstruction that guarantees fairness and legal certainty for both developers and occupants. The research employs a normative and empirical juridical approach through the analysis of laws, court decisions, case studies, and comparative studies with practices in other countries. The findings reveal that Government Regulation No. 13 of 2021, which fails to recognize the Sale and Purchase Binding Agreement (PPJB) as valid interim ownership evidence, imposes a disproportionate financial burden on developers. The proposed legal reconstruction includes recognizing fully paid PPJB as a temporary proof of ownership, implementing proportional cost-sharing based on the Proportional Comparison Value (NPP), and strengthening government oversight during the transitional period. In conclusion, a new regulatory framework is required to establish an apartment management system that is fair, transparent, and legally certain, in accordance with the principles of a responsive rule of law.
The Urgency of Implementing Patent Commercialization Regulations Based on the Patents Law No. 13 of 2016 in Comparison with the South Korean Invention Promotion Act No. 19495 of 2023 Danastri, Aprilia; Amirulloh, Muhamad; Muchtar, Helitha Novianty
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.v6i1.2543

Abstract

Patent commercialization in Indonesia currently faces challenges due to the lack of clear regulation in the existing Patent Law. Addressing this gap presents a valuable opportunity for enhancing the growth of domestic patents and increasing Indonesia’s economic value. There is an urgent need to establish regulations governing patent commercialization, especially in light of South Korea's Invention Promotion Act No. 19495 of 2023, which enhances the protection of inventors' economic rights and promotes economic growth through effective intellectual property development. This study utilizes a normative juridical approach and comparative law to evaluate existing regulatory frameworks and the potential impacts of new patent commercialization regulations on industrial development and innovation. Currently, Indonesia ranks among the countries with the lowest intellectual property indicators in the world. Therefore, it is crucial to implement specific regulations through Government Regulations and Ministerial Regulations that align with the Patent Law to govern patent commercialization. This research highlights the significance of effective law enforcement in promoting patent commercialization as a vital component of national economic development. By applying incentive theory and economic growth stimulus theory, and utilizing economic analysis of law to evaluate policies that promote certainty, equity, and socio-economic benefits for society and the country.
Theory of Justice’s Principles For A Just and Equitable Global Order Theofransus Litaay
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.v6i1.2548

Abstract

This article is part of a literature research in the field of international legal philosophy, which aims to discuss the application of John Rawls' thought in the context of international law. The presentation begins by describing the meaning of justice as a moral and ethical concept according to philosophers and John Rawls' position in it. The discussion is carried out on Rawls's ‘A Theory of Justice’, followed by ‘The Law of Peoples’ and its relation to international law. The essence of this article is to discuss justice (in Rawls' perspective) as a key principle in international law to create a just global order. The author explores Rawls' views on justice, peace, and governance. Rawls' theory of justice as fairness provides a valuable lens to analyse global issues. Rawls argues that just institutions should be based on principles that promote peace, stability, and the well-being of all nations. By adhering to these principles, international law can promote a more just and equitable global order.
Constitutional Legitimacy, Limitations, and Strengthening of State-Owned Enterprise Monopoly Supervision in Economic Development and Protection of Healthy Business Competition in Indonesia Budi Joyo Santoso; Hamid, Adnan
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.v6i1.2554

Abstract

This study highlights the central role of State-Owned Enterprises (SOEs) in managing strategic sectors as a realization of the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. This paper questions the legitimacy, constitutional limitations, and oversight mechanisms for monopoly rights granted by the President to SOEs, as well as the challenges of policy implementation in the context of national economic governance reform. The methodology used is a normative legal approach with conceptual analysis, legislation, and comparative studies with other countries. The study was conducted on key regulations such as Law No. 5 of 1999, Law No. 1 of 2025, and KPPU documents, supported by a review of Constitutional Court decisions. The analysis was conducted using legal hermeneutics and qualitative methods to interpret the constitutional limits and effectiveness of SOE monopoly supervision. The results of the discussion found that the constitutional legitimacy of SOE monopolies is indeed sourced from Article 33 of the 1945 Constitution, but their implementation must meet the requirements of efficiency, justice, and legal certainty. It was found that granting monopolies without periodic supervision and evaluation risks causing abuse of authority, market distortion, and discriminatory practices against other business actors. The KPPU's role as an independent supervisory body has proven strategic in preventing violations and correcting monopolistic policies inconsistent with the principles of fair competition. Strengthening oversight mechanisms, transparency of audit results, public involvement, and regular independent audits are needed as a foundation for adaptive and accountable governance. Recommendations for regulatory reform, effective KPPU involvement, and public participation are proposed to balance state interests and protection of business competition. The conclusion emphasizes that monopoly by state-owned enterprises is not an end in itself, but rather an instrument for realizing public welfare if implemented with transparency, strict oversight, and high accountability in accordance with the principles of constitutional economic democracy.
Legal Protection For Victims Of Sexual Violence In Legal Abortion Services Japono, Saskia Salsabila; Waluyo, Bambang
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.v6i1.2555

Abstract

This study aims to examine legal regulations that guarantee protection for victims of sexual violence in Indonesia, including the fulfillment of women's rights to obtain legal abortion services due to pregnancy resulting from sexual violence. The background of this study is based on the limited access of victims to safe abortion services despite being regulated in legislation. This study is important to assess the gap between legal norms and practices in the field in protecting victims. The method used is normative juridical with analysis of laws and regulations and other legal norms through literature study. The results of the study show that although Law Number 12 of 2022 concerning Sexual Violence Crimes, the Health Law, and the new Criminal Code have provided a legal basis for victims to access safe abortions, their implementation is still hampered by limited facilities, social stigma, and a lack of understanding among officials and medical personnel. In conclusion, it is necessary to strengthen the implementation of regulations and increase the understanding of stakeholders. The novelty of this research lies in its comprehensive analysis of the relationship between victim protection regulations and the implementation of legal abortion in Indonesia.
Civil Law Implications for Children Born Through Surrogacy (Surrogate Mother) Thalib, Sabrina Riyadh; 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.v6i1.2556

Abstract

This study analyzes the legal status of children born from surrogacy in Indonesia, a practice considered illegal yet a potential solution for infertility, creating a serious rechtsvacuüm. The research objective is a juridical analysis of this issue under Indonesian civil law using a normative juridical method. The findings indicate that surrogacy agreements are legally invalid and considered null and void (van rechtswege nietig) because they fail to meet the "lawful cause" requirement stipulated in Article 1320 in conjunction with Article 1337 of the Civil Code. This legal void creates uncertainty for the child. Based on the principle of mater semper certa est, the surrogate is legally recognized as the mother, disregarding genetic parentage. This situation infringes upon the child's fundamental rights to identity and inheritance, undermining the principle of pro bono infantis. The study concludes that there is an urgent need for definitive state regulation, either through a strict prohibition or by permitting altruistic surrogacy under rigorous judicial oversight, to provide legal certainty and paramount protection for the child

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