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Contact Name
Ebit Bimas Saputra
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dinasti.info@gmail.com
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+628117404455
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editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
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Kota tangerang selatan,
Banten
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,
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.
Articles 1,054 Documents
Mapping Collaborative Governance In Indonesia Climate Village Program: A Bibliometric Analysis (2022-2025) Pamungkas, Wahyu Adi; Yuwanto
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.v6i1.2635

Abstract

Although collaborative governance has been increasingly embraced as a fundamental approach for addressing complex environmental challenges, its application within nationwide climate adaptation programs has not been widely investigated. This paper focuses on how collaborative governance is portrayed and developed in studies concerning Indonesia’s Climate Village Program (ProKlim) during the 2022–2025 period. Bibliographic information was gathered using Publish or Perish (PoP) from Google Scholar, and analyzed through VOSviewer 1.6.20 to uncover publication patterns, topic clusters, and conceptual relationships. Out of 988 records identified, 402 were selected based on inclusion criteria for detailed analysis. The thematic visualization revealed three major themes: (1) local-level climate adaptation, (2) collaboration among stakeholders and governance, and (3) institutional and policy-related frameworks. Together, these clusters indicated that collaborative governance operates as a conceptual bridge, linking grassroots adaptation actions to national-level climate strategies. However, limited references to concepts such as multi-level governance, institutional capacity, and evaluation highlighted that theoretical integration and performance-based evaluation remain underdeveloped. The results aligned with the frameworks of Ansell and Gash (2008) and Emerson et al. (2012), while underlining the significance of inclusive involvement, supportive leadership, and flexible institutional structures. Up to now, research on ProKlim in Indonesia has mostly been descriptive and focused on individual case studies. Therefore, future research is encouraged to adopt more comparative and quantitative approaches to better assess how collaborative governance influences tangible improvements in local climate resilience. This bibliometric review contributes to both theory and practice by outlining the intellectual landscape of ProKlim-related studies and offering insights into how a more structured, evidence-driven, and participatory model of climate governance can be promoted.
Analysis of the Elements of Unlawful Acts in Decision Number 34/Pdt.G/2018/PN Bli and the Position of L&B Tax as Evidence Maharani, Aurelia Gisa; Pongsirinding, Fisa Ande; Putri, Rafirstka Madyah
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.v6i1.2636

Abstract

In Indonesia, the concept functions to protect the rights of individuals and groups who are harmed by the actions of others. Based on Article 1365 of the Indonesian Civil Code, any unlawful act that causes harm to another party gives rise to the obligation of the perpetrator to compensate for the damage caused. This study examines the application of tort elements in Decision Number 34/Pdt.G/2018/PN Bli, which involved an inheritance land dispute between the plaintiffs and the defendants, with the Head of the Bangli Land Office also joined as a co-defendant. The plaintiffs argued that the disputed land constituted a legitimate inheritance, but they were only able to support their claim through the Land and Building Tax Assessment Notice. Conversely, the defendants succeeded in proving ownership by presenting a Land Ownership Certificate that was procedurally issued by the National Land Agency. In its ruling, the panel of judges rejected the plaintiffs’ main claim and granted the defendants’ counterclaim, declaring that the plaintiffs had committed an unlawful act by occupying the land without a valid legal basis. This judgment emphasizes that the Land and Building Tax Assessment Notice does not have legal force as proof of land ownership, serving merely as an administrative taxation document, whereas the Land Ownership Certificate constitutes valid and strong evidence of ownership in accordance with Article 32 paragraph 1 of Government Regulation No. 24 of 1997 concerning Land Registration. This study highlights the importance of distinguishing between administrative evidence and juridical evidence in land disputes.
The Convergence of Intellectual Property Protection for Local Bags : A Study on Design Similarities with Well Known-Brands Through the Regimes of Trademark, Industrial Design, and Geographical Indication Fakhira, Regita; 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.v6i1.2640

Abstract

The local bag industry faces significant challenges in protecting Intellectual Property Rights (IPR) due to design similarities with well-known brands, which are closely related to the sustainability of the national economy. This study aims to analyze the convergence of trademark, industrial design, and geographical indication protections within the local bag industry and to identify solutions to address design-similarity issues. This research employs a normative juridical method, complemented by a literature review and in-depth interviews with experts from the Directorate General of Intellectual Property, drawing on statutory, conceptual, and sociological approaches. The findings indicate that the convergence of IPR protection across these three regimes provides complementary safeguards that strengthen the legal position of local bag products and enhance their competitiveness in the global market. However, its effectiveness remains constrained by low awareness of IPR registration, high registration costs, and weak law enforcement. Through this layered protection framework, local bag entrepreneurs can gain stronger protection, promote innovation, and reinforce the economic and cultural values unique to Indonesia, thereby contributing to the development of the national creative economy.
Critical Analysis of the Judge's Considerations in the Mesuji Religious Court Decision No. 7/Pdt.P/2023/PA.Msj Dinisa, Daffa Ul-Haq; Edi, Relit Nur; Putra, Muhammad Haidir Syah
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.v6i1.2643

Abstract

This research is a critical study of the process and decision of the Mesuji Religious Court regarding the application for the determination of guardianship rights for a minor child named Abid Fariyanto bin Abdul Gani. The application was filed by Kabul Wakidi bin Rasiman and Sumarni binti Sutariyo on March 21, 2023. The panel of judges granted the application, appointed both applicants as responsible guardians, and imposed court costs of Rp 520,000. The judge's considerations were based on the facts of the child’s parents’ divorce, the absence of the father whose whereabouts are unknown since 2013, and the death of the biological mother in January 2023. The certificate of unknown whereabouts issued by the Village Head does not have the same force as a court order regarding supernatural status. Revocation of guardianship rights is a serious decision that must be made by a court decision, considering various factors in the best interests of the child, such as neglect, abuse of authority, and other dangerous conditions.
Legal Liability of Fintech Operators for Personal Data Misuse in the Context of Unlawful Acts: Analysis of the Case of NS Versus AdaKami Cen, Jesslyn Janet; Yulio, Pietro Grassio Eko; Gunawan, Theresia Aurellia; Gunawan, Telly
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.v6i1.2654

Abstract

The rapid development of financial technology (fintech) in Indonesia creates opportunities for financial inclusion while simultaneously raising concerns regarding consumer data protection. One prominent case is the dispute between NS and AdaKami, which demonstrates alleged misuse of personal data by debt collectors in debt collection practices. This research aims to analyze the fulfillment of the elements of tort (perbuatan melawan hukum/PMH) as stipulated in Article 1365 of the Indonesian Civil Code and to assess the scope of legal liability borne by fintech providers as data controllers. The study employs a normative juridical method with statutory and conceptual approaches, supported by a case study analysis. The findings indicate that all elements of PMH are fulfilled, including the existence of unlawful acts contrary to the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and prevailing moral standards; the presence of fault in the form of intentional misconduct (dolus) by debt collectors and negligence (culpa in custodiendo) by AdaKami in supervising third parties; the occurrence of material and immaterial losses; and a causal relationship between the act and the harm suffered by the consumer. These findings affirm that fintech providers are not only contractually liable but also delictually liable through the application of strict liability in safeguarding personal data. Nevertheless, although the legal framework is already established through the Civil Code and the PDP Law, its implementation remains ineffective due to weak regulatory oversight and the heavy burden of proof imposed on consumers. Accordingly, this research underscores the necessity of strengthening consumer protection in fintech through strict liability enforcement, enhanced supervisory mechanisms, and the establishment of accessible and consumer-oriented dispute resolution systems
The Reconstruction of Free Judgments in Corruption Crimes and Its Implications for Enforcement Laws in Indonesia Ashal, Adam Sofyan; Sudiro, Amad
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.v6i1.2678

Abstract

Acquittals in corruption cases often generate controversy and undermine public trust, necessitating their reconstruction to strengthen justice and law enforcement in Indonesia and mitigate errors in the application of law (error in recht) in acquittal decisions. The problem at hand is how to reconstruct acquittals in corruption cases under the Corruption Eradication Law and the implications of acquittals for law enforcement in Indonesia. The research method used is normative juridical legal research. The results indicate that the reconstruction of acquittals in corruption cases is necessary to affirm justice and legal certainty. This effort requires limiting judicial interpretation, strengthening evidence, and tightening oversight to maintain judicial integrity and increase public trust. The reconstruction of acquittals strengthens accountability, transparency, and consistency in the judiciary, while ensuring substantive justice. This reform also increases public trust and strengthens commitment to corruption eradication and the rule of law.
State Responsibility for Public Housing Ownership After the Constitutional Court Decision: Tapera Luna, Laurenzia; Sutedja, Joshua Nathan; Frederick, Matthew; Hoek, Omar Dimitry
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.v6i1.2689

Abstract

The difficulty faced by low-income communities in obtaining adequate housing remains a major challenge for social policy in Indonesia. The Tapera program, intended to support housing finance, has sparked controversy as its mandatory contribution scheme has proven ineffective based on empirical data. The recent Constitutional Court decision abolishing mandatory participation has brought significant changes to the design of national housing policy. Through normative legal research employing statutory, judicial, and international comparative approaches, this study finds that the state remains constitutionally obligated to guarantee the right to housing for low-income citizens. The Tapera policy must be transformed into a more equitable, transparent, and participatory system in line with the principles of social justice and international legal standards.
The Legal Implications of Music Royalty Dispute Resolution through Mediation: A Case Study of Mie Gacoan-LMK SELMI Towoliu, Nadyne Althea Alandia; Mori, Momoko; Haningati, Gumilang Chandra Shasmita; Rachmadani, Resita
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.v6i1.2693

Abstract

Copyright over songs and/or music constitutes an exclusive right inherent to the author and related rights holders, particularly economic rights in the form of royalty payments for every commercial use. Such provisions are explicitly regulated under Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on the Management of Copyright Royalties for Songs and/or Music. This research aims to analyze the legal implications of resolving royalty disputes between the National Collective Management Organization (LMKN) and PT Mitra Bali Sukses, the owner of the Mie Gacoan trademark, through mediation. Employing a normative juridical method with statutory and case approaches, the findings indicate that mediation produced an agreement stipulating royalty payments of approximately IDR 2.2 billion and a license valid until the end of 2025. The legal implications include the creation of a new legally binding obligation (settlement agreement), the elimination of potential lawsuits as long as the parties comply with the agreement, and the assurance of fulfilling authors’ economic rights through royalty distribution by LMKN. Nonetheless, issues remain in the form of weak public dissemination, negative public perceptions, and potential overlaps of authority between LMK and LMKN. Accordingly, mediation can be considered an effective mechanism for resolving copyright disputes, yet it still requires oversight, transparency, and institutional harmonization to realize legal certainty and optimal protection for authors.
Legal Regulatory Readiness in Accommodating Non-Fungible Token as Objects of Fiduciary Collateral Aristias, Adinda; Taupiqqurrahman
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.v6i1.2699

Abstract

This research aims to analyze the readiness of Indonesia’s legal framework to accommodate Non-Fungible Tokens (NFTs) as fiduciary collateral objects and to identify the potential obstacles in their execution process. NFTs are digital assets based on blockchain technology that possess unique characteristics and economic value, theoretically fulfilling the criteria of intangible objects under Law Number 42 of 1999 concerning Fiduciary Collateral. However, the current legal instruments in Indonesia have not yet explicitly recognized NFTs as eligible fiduciary objects. This study employs a normative juridical method with both statutory and case approaches, supported by secondary data derived from an interview with the Direktorat Jenderal Administrasi Hukum Umum (Ditjen AHU) to enrich the legal analysis. The findings indicate that Indonesia’s regulatory readiness regarding NFTs as fiduciary collateral remains conceptual rather than operational. The absence of a registration mechanism and valuation system for digital assets creates significant legal uncertainty for both creditors and debtors. Furthermore, the execution of NFTs presents additional challenges, including the dependence on private keys, the incompatibility of automatic smart contract transfers with the due process of law principle, and the speculative volatility of NFT market values. Therefore, the study suggests the need for new legal norms and an authorized digital asset valuation institution to ensure that NFTs can be effectively and lawfully integrated into Indonesia’s fiduciary security system. Non-Fungible Token, Fiduciary Collateral, Collateral Execution, Intangible Assets
Legal And Ethical Debate Concerning Escorts On Public Roads: A Comparative Case Study Sebastian, Muhammad Vino; Akmala, Ali Faza; Torin, Muhammad Farrel Arrizky
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.v6i1.2700

Abstract

Abstract. This research aims to comprehensively analyze the conflict between the implementation of Article 134 of Law No. 22 of 2009 (UU LLAJ) regarding priority rights and the fundamental principle of equality among road users. This conflict is triggered by the phenomenon of official escorts that consistently spark public controversy and ethical debate, often exacerbated by viral displays of arrogance. Using a normative-comparative approach, the study dissects how the loose interpretation of priority rights creates discretionary loopholes that are prone to abuse, consequently eroding public trust in law enforcement. The discussion is further strengthened by a comparative study of escort practices applying a Risk-Based Approach in other countries, and the case study of De Facto Diplomatic Priority (Ambassadors). This comparison is crucial to clearly distinguish between functional priority (based on real urgency) and status/ceremonial priority. The conclusion affirms the urgent need to review and reform the UU LLAJ and its technical regulations by adopting Objective Risk-Based Criteria to shift the escort paradigm from status-based to functional-urgency based, thereby restoring the public's sense of justice and trust.

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