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INDONESIA
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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Legal Certainty of Electronic Certificates In National Land Law Reform in The Digital Transformation Era Rahmat, Rahmat; Iriantoro, Agung; Surono, 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.v6i1.2557

Abstract

This article explores the legal legitimacy and challenges in the implementation of electronic land certificates (e-certificates) within Indonesia’s national land administration system, while examining the concept of immutability the inability to alter data in the context of land law. It discusses the legal foundations, implementation processes, evidentiary strength, as well as technical and regulatory challenges, highlighting the potential of e-certificates as instruments that enhance legal certainty and security in the digital era of land administration. The digital transformation of Indonesia’s national land system introduces a significant innovation in the form of electronic land ownership certificates (e-certificates), aimed at improving efficiency, accountability, and legal certainty in land administration. This article critically examines the legal legitimacy, normative basis, and practical implications of implementing e-certificates within the framework of national land law, with a primary focus on the application of the principle of immutability, whereby data cannot be changed or manipulated without a legitimate audit trail. Using a normative juridical approach and empirical analysis based on primary data, this article identifies several implementation challenges including vulnerabilities in information systems, infrastructure gaps, suboptimal legal evidentiary mechanisms in court, and social resistance to the digitization of land ownership documents. The success of e-certificate implementation is highly dependent on data interoperability, resilient system design, and regulatory clarity regarding digital legal evidence. Digital transformation has become a national strategic agenda for bureaucratic modernization and improving public service quality, as outlined in Peraturan Presiden Nomor 95 Tahun 2018 on the Electronic-Based Government System (SPBE). One of the sectors undergoing accelerated digitalization is land administration, through the implementation of electronic certificates by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), Peraturan Menteri ATR/BPN Nomor 3 Tahun 2023 concerning Electronic Documents. This initiative aims to create efficient, transparent, and integrated land registration services. However, the use of e-certificates as legal evidence of land rights presents both normative and practical challenges within the national legal system particularly regarding evidentiary strength, document legality, and data integrity and authentication safeguards. The effectiveness of e-certificate implementation depends on a legal system that is adaptive to technology, supported by a digital architecture that incorporates the principle of immutability through cryptographic technology, audit trails, and potential blockchain utilization. Thus, the certificate becomes not only an administrative tool but also a new foundation for the protection of agrarian rights in the digital era. These findings are relevant for policymakers, academics, and land practitioners in designing a modern, inclusive, and legally protective national land system.
Administrative Accountability in Positive Fictitious State Administrative Decisions and the Protection of Applicants’ Rights in Environmental Licensing Kartika, Eka Dewi; Laitupa, Salma; Fitriah, Mar’atun; Shalihat Ansar, Nurul
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.v6i1.2559

Abstract

Indonesia’s administrative law system continues to pursue the establishment of an effective, transparent, and accountable governance framework. One of the key issues that has emerged is the application of the Positive Fictitious Administrative Decision (KTUN Fiktif Positif) as regulated in Article 53 paragraph (1) of Law Number 30 of 2014 concerning Government Administration. In the context of environmental licensing, this concept presents new challenges, particularly regarding the accountability of administrative officials for decisions that are deemed legally valid due to inaction or negligence. This research aims to analyze the forms of accountability of administrative officials within the framework of the Positive Fictitious Administrative Decision and to examine the available legal mechanisms to protect applicants’ rights and ensure the effective execution of such decisions. This study employs a normative legal research method with statutory and conceptual approaches. The findings indicate that administrative officials remain liable both administratively and civilly for the issuance of fictitious positive decisions, even when those decisions are legally recognized. Moreover, oversight by the Ombudsman and administrative litigation through the Administrative Court serve as essential instruments to uphold accountability and legal protection for the public. Therefore, judicial reasoning reform and the consistent application of the precautionary principle are necessary to ensure that the acceleration of public services does not compromise environmental protection.
Asset Recovery as an Effort to Restore State Losses Resulting from Corruption Cases Khumaeroh, Irda Nur; Bagaskoro, M. Rizal
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.v6i1.2564

Abstract

Eradicating corruption solely by prosecuting and imposing imprisonment on perpetrators does not fully resolve the problem if the assets obtained from corrupt practices cannot be recovered by the state for development purposes. Therefore, the recovery of assets resulting from corruption becomes a crucial aspect of combating corruption. This study uses a normative legal research method, which emphasizes document studies or literature research. The substance of the asset recovery legal system through criminal law consists of four stages: asset tracing, asset freezing or confiscation, asset seizure, and the return and transfer of assets to the victim state. Efforts to recover state losses caused by corruption cases through asset recovery include seizing and tracing the assets of defendants or convicts, ensuring that convicts pay compensation, encouraging public support for anti-corruption initiatives, improving facilities and infrastructure for corruption eradication, and clearly regulating—based on applicable laws—the authority of KPK prosecutors and public prosecutors appointed and dismissed by the Corruption Eradication Commission.
The Urgency of Reconstructing the Regulation of Medical Dispute Resolution as a Form of Legal Protection for the Dental Profession in Indonesia from the Perspective of the Philosophy of Legal Positivism in Indonesia M. Natsir Asnawi; Rika Noviantini; Imas Naeni; Fuji Utomo
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.v6i1.2565

Abstract

This research explores the urgency of reconstructing the regulations on the resolution of medical disputes as a form of legal protection for dental professionals in Indonesia, viewed through the lens of legal positivism philosophy. Medical disputes present significant challenges to dental practitioners, necessitating a robust legal framework to safeguard their professional interests. The study aims to analyze the regulatory mechanisms governing medical dispute resolution, focusing on their role in protecting the rights and legal obligations of dental professionals. Utilizing a normative juridical approach, this research examines existing laws and regulations related to medical dispute resolution in Indonesia, alongside relevant literature. By elucidating the reconstruction of these regulatory frameworks, the study discusses their effectiveness in protecting the legal interests of dental professionals. These findings are expected to provide a deeper understanding of the urgency of reconstructing the regulations on medical dispute resolution in Indonesia from the perspective of legal positivism philosophy, thereby contributing to the enhancement of legal protection for dental professionals and the improvement of professional standards in dental practice.
The Aplication Of Restorative Justive To Fraud Cases In The Palangkaraya District Attorney’s Office Akbar, Muhammad Athaillah; Sulastri, Indang; Dewi, Yurika Fahliany
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.v6i1.2579

Abstract

The purpose of this study is to explore the implementation and challenges of restorative justice in resolving fraud cases at the Palangkaraya District Prosecutor's Office. This research adopts an empirical legal method, involving fieldwork and interviews to gather data. The findings indicate that the application of restorative justice in fraud cases at the Palangkaraya District Prosecutor's Office reflects a shift from a repressive penal system toward a more recovery-oriented, reconciliatory, and socially responsible approach. However, its implementation remains limited to minor offenses and depends on voluntary restitution and mutual agreement. Of the 27 fraud cases recorded between 2023 and 2025, only two were resolved through restorative justice, highlighting the need for a thorough evaluation to broaden and optimize its application.
Implementation of BPOM's Authority In Issuing Distribution Permits and Supervising Skincare Products Cordelia, Anastasia; Loren, Celine; Matulandi, Sabina Abigail
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.v6i1.2581

Abstract

This research examines how the Food and Drug Supervisory Agency (BPOM) carries out its authority to give distribution permits and supervise the sale of skincare products in Indonesia. This study applies a juridical-normative approach, applying relevant laws and secondary data from official BPOM documents and reports. The research results indicate that the skincare distribution permits are explicitly regulated in Law (Undang-Undang) No. 36 of 2009 concerning Health, and Law (Undang-Undang) No. 8 of 1999 concerning Consumer Protection, and BPOM Regulation No. 12 of 2020 concerning Procedures for Submitting Cosmetic Notifications. The process of obtaining approval of a product involves submitting a product notification, undergoing BPOM evaluation, obtaining a notification number, and fulfilling the post-approval requirements. From an administrative law perspective, the procedure shows the principles of good governance, whereas from a commercial law perspective, a distribution permit serves as a legal requirement for selling products. In practice this process still encounters many significant challenges, often leading to the widespread use of illegal products without permits. The discovery of harmful skincare and cosmetics valued at billions of rupiah and the difficulty of monitoring online sales across platforms illustrate major regulatory problems. Therefore, providing effective legal protection for consumers in Indonesia. Therefore, stronger supervision and cooperation between sectors are needed to give better legal protection for consumers in Indonesia.
Registration of Priority Rights to Building Use Rights Certificates (HGB) Registered In The Name of a Bankrupt Legal Entity Sihite, Salmon; Widjaja, Gunawan
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.v6i1.2597

Abstract

The purpose of this study is to examine the legal certainty of Priority Rights holders as outlined in Government Regulation No. 18 of 2021 concerning the Registration of Rights for holders of Building Use Rights (HGB) if the rights holder has been declared bankrupt. It also examines the responsibility of the National Land Agency (BPN) in issuing certificates in the legal protection of third parties who have signed a Deed of Sale and Purchase (AJB) and Sale and Purchase Agreements (PPJB) made before a notary or privately as a form of legal protection and legal certainty for the community before the company is declared bankrupt, while the HGB on the land has not been registered/separated from the certificate. This study uses a normative legal method with three main approaches, namely: a legislative approach, which examines various related regulations such as the 1945 Constitution, the 1960 Basic Agrarian Law (UUPA), Law No. 20 of 1961, and Government Regulation No. 24 of 1997 in conjunction with Government Regulation No. 18 of 2021 to understand the legal and ontological basis of the issue being studied, a historical approach, and a philosophical approach. The analysis was conducted by combining inductive and deductive methods. The results of the study show that the National Land Agency (BPN) continues to provide legal certainty for holders of Priority Rights to Land Use Rights (HGB), including in bankruptcy cases, by taking into account the protection of third parties who have signed a Deed of Sale and Purchase Agreement (AJB) or a Letter of Intent to Purchase (PPJB) in accordance with the provisions of Government Regulation No. 18/2021.
Legal Certainty Regarding the Rights of Secured Creditors to Execute Collateral in Bankruptcy Proceedings in Indonesia Sari, Ayu Puspita; Gunadi, Ariawan
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.v6i1.2600

Abstract

Separate Creditors as Holders of Security Rights possess a preferential claim over the secured collateral. However, under bankruptcy law, their rights to execute and auction the collateral are subject to statutory limitations. In practice, Supreme Court Decision No. 521 K/Pdt.Sus-Pailit/2021 and Supreme Court Decision No. 527 K/Pdt.Sus-Pailit/2020 have provided divergent interpretations regarding the execution rights of Separate Creditors over their collateral once the debtor has been declared bankrupt. The core issues examined in this research are: (1) How legal certainty is afforded to the execution rights of Separate Creditors pursuant to Supreme Court Decisions No. 521 K/Pdt.Sus-Pailit/2021 and No. 527 K/Pdt.Sus-Pailit/2020; and (2) What legal consequences arise for Separate Creditors who fail to execute their collateral under Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU). This study employs normative legal research using a statutory approach and case-based analysis, focusing on judicial interpretations of bankruptcy decisions affecting the execution rights of Separate Creditors. The research relies on secondary data obtained through literature review and applies qualitative analytical methods. Separate Creditors are granted a two-month period following insolvency to initiate execution proceedings by filing a public auction request with the KPKNL, which is calculated from the commencement of the execution process not from the completion of the auction. Furthermore, the rights of Separate Creditors are not absolute, as they are constrained by a statutory stay period of 90 (ninety) days from the date the debtor is declared bankrupt. During this stay period, the Curator is entitled to demand that the collateral held by Separate Creditors be transferred to the Curator for sale either through public auction or private sale, under the supervision of the Supervisory Judge. It is therefore necessary to revise Law No. 37 of 2004 to clarify the scope of authority held by Separate Creditors in executing collateral, and to establish a digital oversight mechanism for curatorial functions to ensure transparency and accountability when collateral is handed over to the Curator for auction.
State Responsibility Towards The Rights of Customary Communities on Rempang Island from The Perspective of State Administrative Law (HTN) Hutabarat, Chanrih; Abra, Emi Hajar; Hadiyanto, Alwan
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.v6i1.2602

Abstract

Rempang Island, as part of the administrative territory of Indonesia, is not exempt from constitutional dynamics. In the event of a case occurring on the island involving an abuse of authority, deviation from the principle of autonomy, or misalignment with constitutional implementation, constitutional law provides a framework to understand, analyze, and resolve such issues. This study aims to analyze whether the state has acted in accordance with the principles of good governance and constitutional justice in the case of Rempang Island, and to determine whether the state has involved indigenous communities in decision-making processes that directly affect their fate. The findings indicate that the development process of the Rempang Eco City project and the handling of the accompanying conflict have not fully complied with the principles of good governance and constitutional justice, particularly in relation to the rights of indigenous peoples, transparency, participation, and fairness. The conflict in Rempang Island stems from arbitrary government actions. The lack of transparency between the government and the community has led to misunderstandings between the two parties involved.
Indonesian Legal Efforts to Prevent Statelessness in Children Resulting from Unregistered Mixed Marriages Pramesti, Indira Yekti Widya; Fahrozi, Muhmmad Helmi
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.v6i1.2610

Abstract

Indonesia's legal efforts to prevent statelessness in children born to unregistered mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) are an important concern because the unclear status of the marriage causes children to lose the administrative basis for obtaining citizenship. The research method used is normative juridical with a legislative and case approach, one of which is the case of Efa Maulidiyah in Malaysia. The results of the study show that children of Indonesian mothers still have civil relations based on Article 43 paragraph (1) of Law Number 1 of 1974 and Constitutional Court Decision Number 46/PUU-VIII/2010, so they are entitled to Indonesian citizenship based on the principle of ius sanguinis in accordance with Article 4 letter (d) of Law Number 12 of 2006. To overcome administrative obstacles, the Indonesian government implemented Permenkumham Number 6 of 2025 as a mechanism for confirming the citizenship status of children born to mixed marriages and strengthening legal protection for Indonesian children abroad.

Page 103 of 106 | Total Record : 1054

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