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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 Private Land Ownership Against the Control of Land by the Indonesian National Armed Forces Gema Mutiara Insani; Muhammad Helmi Fahrozi
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.v6i1.2611

Abstract

The Indonesian Army’s control of the private land presents serious challenges to legal certainty in Indonesia and the protection of civilians’ rights. Disputes may arise from the Army’s physical control to the land because there is no a clear legal basis and it impacts citizens’ property rights and their economic access. This study adopts a normative juridical approach through the analysis of legal documents, laws and regulations in Indonesia, and other related academic legal literature. The inquiries shows that any control to the land without a clear legal procedure constitutes a legal uncertainty, disadvantages the land owners, and it contradicts to the rule of law and social justice. Moreover, The study also emphasizes the need for a dispute resolution mechanism through administrative and civil frameworks, alongside with the harmonization of its legal implementation, to ensure constitutional rights and mitigate future land-related conflicts between civilians and the military.
Regulatory Challenges and Shifting Domestic Investment Behaviour in Indonesia: A Legal and Economic Analysis Towards Golden Indonesia 2045 Agus Sudarya; Yuyut Prayuti
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.v6i1.2615

Abstract

Indonesia’s economic transformation toward Golden Indonesia 2045 demands a robust and sustainable investment climate supported by regulatory and institutional resilience. While foreign direct investment has expanded significantly, domestic investment behaviour remains shaped by macroeconomic and legal constraints. This study employs a normative legal and qualitative analysis, supported by doctrinal and comparative approaches. It examines primary legal sources—including Law No. 25 of 2007 on Investment and Law No. 37 of 2004 on Bankruptcy—alongside secondary literature and empirical data on domestic investment determinants. Findings reveal that domestic investor behaviour is increasingly influenced by human development, labour quality, infrastructure, and inflation stability. However, Indonesia’s legal framework does not adequately support business continuity. The absence of insolvency testing and overly creditor-centric bankruptcy procedures create high investment risks. Strengthening regulatory mechanisms through insolvency reform, going concern protection, and better alignment with international best practices is essential for promoting sustainable domestic investment. Legal reforms would foster resilience, encourage long-term capital flows, and strengthen Indonesia’s economic position toward 2045.
A Juridical Review of Modern Wound Care Education by Healthcare Professionals Through YouTube in the Perspective of Indonesian Law Rendy Rahmawan; Happy Yulia Anggraeni
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.v6i1.2616

Abstract

This study investigates the legal status of health education, particularly modern wound care, disseminated through YouTube, as well as the legal protection against misinformation. The findings highlight two main issues. First, YouTube-based health education may be classified as health advocacy; however, under Indonesian law, health advocacy faces normative challenges. Although Law No. 17 of 2023 recognizes health advocacy, it does not clearly regulate the role of non-medical personnel in public health education, creating risks of misleading information in digital spaces. Second, legal protection against misinformation relies primarily on Law No. 1 of 2024 concerning false information, which serves as a lex generalis within health law. This regulation is not sufficiently responsive to health-related misinformation and may conflict with constitutional rights to freedom of expression under Article 28E of the 1945 Constitution. Therefore, a progressive legal paradigm is necessary, emphasizing not only repressive but also preventive measures, such as specific regulations or certification for health content creators. The study concludes that challenges in social media–based health education are not solely medical but also policy-related, requiring the state to balance freedom of expression with the right to health as a fundamental public interest.
The Efectiveness of Arbitration Mechanisms in The Resolution Of Construction Disputes In Indonesia: A Critical Analysis of Law No. 30 of 1999 on Arbitration And Alternative Dispute Resolution Pakpahan, Alfredo; Saragih, Hidbar Roberta; Wisatrioda, Bayu; Laia, Kharisman; Hardjomuljadi, Sarwono; Sami’an, Sami’an
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.v6i1.2619

Abstract

Disputes in construction projects often arise from divergent interpretations of contracts, delays in execution, and the complex dynamics of scope changes. Within this context, arbitration has long been regarded as an alternative dispute resolution mechanism that promises efficiency, fairness, and confidentiality outside the court system. However, more than two decades after the enactment of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, its effectiveness in the construction sector remains subject to debate and scrutiny. This study critically examines the effectiveness of arbitration in resolving construction disputes under the legal framework established by Law No. 30 of 1999. Using a normative juridical approach, it reviews statutory regulations, legal doctrines, and field practices, complemented by interviews with legal practitioners and construction arbitrators. The findings reveal that while arbitration offers advantages in terms of confidentiality, procedural flexibility, and finality of decisions, its practical effectiveness is often constrained by high procedural costs, limited contractual understanding among parties, and challenges in enforcing arbitral awards through the courts. Furthermore, the substance of Law No. 30 of 1999 appears insufficiently adaptive to the technical and multidimensional nature of modern construction disputes. This research therefore recommends revising and modernizing the law particularly by strengthening the enforceability of arbitral awards, standardizing arbitration institutions, and enhancing the competence of human resources in construction law. Ultimately, arbitration should evolve as a mechanism not only for efficient dispute resolution but also for upholding justice, legal certainty, and professional integrity in Indonesia’s construction sector.
The Liability of Cosmetics Business Operators For The Impact of Hazardous Product: Pinkflash Cosmetics Brand on Consumers Farbadi, Mayla Putri; Suherman
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.v6i1.2621

Abstract

Consumer protection in the cosmetics industry is a very important aspect in realizing justice, safety, and legal certainty, especially when dangerous products can threaten public health. This article aims to analyze the legal responsibilities of cosmetics businesses and the legal protection provided to consumers in the case of Pinkflash products containing dangerous ingredients such as mercury and hydroquinone. The research method used is normative legal research with a legislative, conceptual, and case approach. The results show that cosmetic businesses bear civil, criminal, and administrative legal responsibility, including the obligation to compensate consumers, criminal sanctions in the form of imprisonment and fines, and administrative sanctions in the form of product recalls and revocation of distribution permits by the Indonesian Food and Drug Administration (BPOM). Legal protection for consumers is carried out preventively through product supervision and distribution permits, as well as repressively through the application of the principle of strict liability, legal sanctions, and dispute resolution through the Consumer Dispute Settlement Agency (BPSK). Although the legal framework in Indonesia is comprehensive, its implementation is still weak due to a lack of post-distribution supervision and low consumer awareness. Therefore, improved coordination between institutions and public education are needed to achieve effective consumer protection.
The Role of Intelligence In Navigating Indonesia’s B40 Biodiesel Policy Simanjuntak, Bergius Gideon; Permatasari, Diah Ayu; Rika Wijiyanti; Erry S, Hediati; Budi Prasetyono
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.v6i1.2623

Abstract

Indonesia’s 40% biodiesel (B40) mandatory policy, which came into effect in early 2025, represents a strategic initiative to enhance energy security and reduce carbon emissions. However, behind its official objectives, the policy entails significant fiscal, environmental, and social risks that threaten its long-term sustainability. While most analyses have focused on its economic or environmental dimensions, the role of state intelligence in navigating these multidimensional risks remains an underexplored area. This article argues that the success and sustainability of the B40 policy depend not only on technical feasibility or political commitment, but also on the effective application of strategic intelligence functions to provide foresight, mitigate threats, and deliver objective assessments to policymakers, free from partisan and corporate influence. This study adopts a conceptual framework that integrates the intelligence cycle with energy security theory, this article analyses how early detection, early warning, and problem-solving functions can be applied to manage systemic risks such as subsidy traps, feedstock supply deficits, and social tensions. The analysis finds that intelligence plays a crucial role in transforming energy risk management from reactive to proactive. Accordingly, the formal integration of intelligence into the energy policy cycle is a prerequisite to ensure that strategic initiatives such as B40 contribute substantively to sustainable energy, rather than merely serving as economic buffers for entrenched industrial interests.
The Challenges of Direct Licensing Implementation in Indonesia’s Music Royalty System: Assessing Copyright Law from the Perspective of Creators Maulana, Rivo Denra; Dirkareshza, Rianda
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.v6i1.2625

Abstract

This study aims to analyze the challenges in implementing direct licensing within Indonesia’s music royalty management system and to assess its conformity with Law Number 28 of 2014 on Copyright and its implementing regulations. The main issue discussed is the absence of a clear legal framework governing direct licensing mechanisms, which leads to an imbalance between the economic rights of creators and the authority of the National Collective Management Organization (LMKN). This research employs a normative juridical approach with a qualitative descriptive analysis method, using literature studies of relevant legislation, legal doctrines, and actual cases such as the royalty disputes involving Agnez Mo and Ari Bias. The findings indicate that direct licensing has the potential to enhance legal certainty, transparency, and efficiency for creators, yet its implementation remains hindered by overlapping regulations and weak institutional infrastructure. Therefore, legal reform through the revision of the Copyright Law and its derivative regulations is necessary to explicitly recognize direct licensing as a legitimate mechanism in royalty management. Furthermore, strengthening the role of the Directorate General of Intellectual Property (DJKI) and transforming LMKN into an accountable facilitating body are essential steps toward establishing a fair and transparent royalty system that effectively protects the rights of music creators in Indonesia.
Legal Force Of The Preliminary Sales Agreement (PPJB) As Evidence For The Seller Againts The Buyer Who Is In Breach Of Contract (Case Study: Decision Of The Surabaya District Court No.862/Pdt.G/2021/Pn Sby. Trasaenda, Resfa Klarita; Winanti, Atik
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.v6i1.2626

Abstract

This study discusses the legal force of the Sale and Purchase Agreement (PPJB) as evidence for sellers against buyers who commit breach of contract, based on a study of Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. This study is based on the prevalence of breach of contract cases in land sale and purchase agreements, which cause legal uncertainty for the parties involved. The main issue in this study is the legal force of a Sale and Purchase Agreement as evidence in Indonesian civil disputes. The purpose of this study is to understand the legal force of a Sale and Purchase Agreement (PPJB) as evidence in civil disputes and to analyze the judge's considerations in Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. The research method used is normative juridical with a statute approach and case approach through literature study. The results show that the PPJB has legal force as authentic evidence and that its cancellation must be carried out through a court decision. The judge's considerations in this case are deemed inappropriate because they state that there is a defect of will, whereas both parties agreed on their own will.
The Legal Status of the Sanitary Hygiene Feasibility Certificate as a Consumer Protection Instrument in Cloud Kitchen Operations Sabrina, Amanda Feby; Surahmad
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.v6i1.2627

Abstract

This research examines the legal status of the Sanitation Hygiene Eligibility Certificate as an instrument of consumer protection in the operation of Cloud Kitchen businesses in Indonesia. The background of this study arises from the increasing trend of online food consumption that is not yet fully supported by adequate guarantees of hygiene and food safety. The purpose of this research is to analyze the dual function of the Sanitation Hygiene Eligibility Certificate as an administrative licensing requirement and as a preventive legal instrument that ensures consumers’ rights to safe and proper food. The research method used is normative juridical with a statutory approach, focusing on the analysis of laws, government regulations, and ministerial decrees related to food safety and consumer protection. The findings indicate that the absence of a Sanitation Hygiene Eligibility Certificate or the negligence of business actors in maintaining hygiene standards may result in civil liability based on unlawful acts under Article 1365 of the Indonesian Civil Code. The conclusion emphasizes the necessity of strengthening regulations and integrating digital licensing systems to ensure that the Sanitation Hygiene Eligibility Certificate functions effectively as a legal instrument for consumer protection in the digital economy era.
Protection Of Domestic Workers In A Comparison Of The Laws Of Indonesia And The Philippines Pranitiaz, Laras Medina; Citraresmi Widoretno Putri
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.v6i1.2633

Abstract

Domestic Workers (DWs) are a group that is vulnerable to rights violations and exploitation. ILO Convention No. 189 regulates protection standards for DWs, but its implementation is limited because not all countries have adopted these provisions. In Indonesia, the absence of clear regulations has led to a legal vacuum and weak protection of the rights of DWs. In contrast, the Philippines has specific regulations through the Kasambahay Law, which provides more comprehensive protection. The purpose of this study is to review the forms of legal protection for DWs in Indonesia and the Philippines and to examine the impact of the legal vacuum in Indonesia. The method used is normative juridical with a conceptual and comparative approach. The results of this study show that Indonesia still lags far behind the Philippines in providing protection for DWs. This condition reflects the need for concrete efforts by the Indonesian government to reform the existing system by adopting the best practices implemented in the Philippines to strengthen the national legal framework, reduce violations, and improve the welfare of DWs.

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