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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 1,211 Documents
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The The Implementation of Samapta Patrol as a Preventive Strategy in Addressing Theft Crimes in the Palembang City Police Area Bhayangkara, Ikhlasul Amal; Suheriyadi, Bambang; Thalib, Prawitra
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.v6i1.2710

Abstract

The Samapta Patrol is a policing activity focused on preventive actions to reduce crime rates and ensure public security and order (Harkamtibmas). This study aims to analyze the implementation of the Samapta Patrol as a preventive strategy in addressing theft crimes within the jurisdiction of the Palembang City Police (Polrestabes Palembang). The research employs a socio-juridical method with a qualitative approach. The data sources consist of primary data obtained from interviews with Samapta Police officers and limited field observations; secondary data including laws and regulations, official police reports, and academic literature; and tertiary data comprising online articles, crime news, and statistical reports. The findings reveal that the Samapta Patrol plays a crucial role in reducing theft cases through routine patrols, dialogic patrols, and cooperation with local communities. However, its implementation still faces challenges such as limited human resources, insufficient facilities, and low community participation. In conclusion, the effectiveness of the Samapta Patrol can be enhanced through data-driven patrol planning, personnel capacity development, adequate budget allocation, and active collaboration with the community to achieve sustainable public security and order in Palembang City.
Legal Analysis of Protection Against Breach of Employment Contract Asri, Muhammad Rozi; 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.v6i1.2711

Abstract

This study aims to analyze the forms of default (breach of contract) committed by the government as the employer in the implementation of the Work Order (SPK) and to examine the legal remedies available for contractors to obtain legal protection. This research employs a normative juridical method using statute, case, and conceptual approaches. The legal materials used include primary, secondary, and tertiary sources, analyzed qualitatively through a descriptive-analytical technique. The results indicate that government default commonly occurs in the form of delayed payments, unilateral changes to the scope of work, and contract termination without legal justification. These actions cause losses to contractors due to their weak bargaining position in legal relations with the government. Legal protection for contractors can be pursued through warnings (somasi), civil lawsuits based on Articles 1243–1252 of the Indonesian Civil Code, and non-litigation dispute resolution mechanisms such as mediation or arbitration as regulated under Law Number 2 of 2017 on Construction Services and Presidential Regulation Number 16 of 2018 on Government Procurement of Goods/Services. This study emphasizes the need to strengthen regulations and improve dispute resolution mechanisms to ensure legal certainty and fairness for contractors in the implementation of work orders.
The Status of Land Ownership Due To Marriage Between Indonesian Citizens And Foreign Citizens Is Reviewed According To Agrarian Law In Indonesia Agustina, Yanti; zulkifli, Suhaila; Simanjuntak, Immanuel
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.v6i1.2722

Abstract

Marriage that occurs between Indonesian citizens and foreigners has consequences for joint property, especially for land ownership which is joint property in marriage. For marriages that are carried out without making an agreement on the separation of property, the land becomes the joint ownership of the husband and wife. This means that both of them who are bound by marriage become the owners of the land. According to the provisions of agrarian law, foreigners are not allowed to own land in Indonesia, so the presence of foreigners who participate as land owners causes problems with the ownership of land. Consequently in this case, it is necessary to conduct research on the status of land ownership due to marriage carried out by Indonesian citizens and foreigners reviewed according to agrarian law in Indonesia. The type of research used is normative juridically, namely analyzing laws to answer problems in research. As for the results of the research on the status of land ownership due to the marriage of Indonesian citizens and foreigners without a separation agreement on marital property, both must transfer or release the rights to the land for a maximum of 1 year because the land ownership requirements are no longer in accordance with the provisions of the law
The Dynasty Politics of The Queen Atut Family and its Influence on Political Ethics In Regional Head Elections In Banten Nabila Syamsa, NabilaSyamsa; Sunarso, Sunarso; Handayani, Wuri
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.v6i1.2737

Abstract

This study aims to analyze the influence of the dynasty politics of Ratu Atut's family on political ethics in regional head elections in Banten Province. The growing dynasty politics in this region have strengthened the dominance of family power in various sectors, limited public participation, and hampered the regeneration of healthy leadership. The research method used is a qualitative literature study approach, where data were collected through participant observation and analysis of historical and contemporary documents. The results show that dynasty politics in Banten worsens political ethics by ignoring the principles of justice, equality, and transparency in regional head elections. The practices of nepotism and collusion that occur reduce the effectiveness of democracy and worsen the quality of governance. This study suggests the need for regulations that limit the practice of political dynasties so that regional head elections can be carried out based on the competence and integrity of prospective leaders, rather than on family relationships.
Legal Certainty for Dispute Resolution of the Complete Systematic Land Registration Process (PTSL) through the Village Head in North Buton Munawir, La Ode; Bariun, La Ode; Kasmira, Wa Ode Nur; Marsalena, Nindy Ade; Suhartiani; Muktiawan, Angga; Surfaena
Journal of Law, Politic and Humanities Vol. 6 No. 2 (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.v6i2.2481

Abstract

This study aims to analyze legal certainty in dispute resolution of the Complete Systematic Land Registration (PTSL) process through Village Heads in North Buton Regency, focusing on the challenges faced in resolving land disputes related to customary rights and territorial boundaries. The PTSL process is expected to provide legal certainty for land rights, but in practice, disputes often arise involving parties claiming land rights, both from a state law perspective. The method used in this study is an empirical juridical approach with case studies in several villages in North Buton Regency. Data collection was carried out through interviews with the Village Head, village officials, the community, and the National Land Agency (BPN), as well as a study of related documents. The results of dispute resolution research are directed to non-litigation resolution with the direct involvement of the dispute head at the North Buton Regency BPN. Referring to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency, Completion of PTSL activities in the Cluster 2 category, namely land plots whose physical data and juridical data are eligible for the issuance of a Certificate of Land Rights but there are cases in the Court and/or disputes. To ensure legal certainty in the settlement of PTSL disputes through the village head, it needs to be stated in the form of a written agreement by the parties to the agreement that is legally made. Strengthening Coordination between the Village Government, the North Buton National Land Agency. In this study, it was found that the lack of coordination between related institutions led to the slow resolution of land disputes that occurred during the implementation of PTSL.
A Legal Analysis of Administrative Disputes Related to the Transfer of Civil Servants in the Makassar City Government Ago, Muh. Syahrul; Mardatillah, Widya; Saodana, Shafira
Journal of Law, Politic and Humanities Vol. 6 No. 2 (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.v6i2.2582

Abstract

The transfer of positions among Civil Servants (PNS) has become one of the key issues in personnel governance and the implementation of the merit system in Indonesia. As a form of human resource (HR) management within the bureaucracy, transfers must be carried out based on the principles of administrative law, including the principles of legality, accountability, and propriety. However, in practice, transfers are often conducted in a non-transparent manner, not based on objective performance evaluations, and tend to be influenced by political interests or the subjectivity of staffing officials. Such practices have the potential to generate administrative disputes that lead to injustice for civil servants and undermine the principles of good governance. This research is important in filling the gap in the literature that specifically analyzes the transfer of civil servant positions from the perspective of administrative law. Most previous studies have focused on managerial or human resource policy aspects, but have not deeply examined the juridical dimensions that form the legal basis and validity of administrative decisions. Therefore, this study aims to examine two important aspects in the implementation process of civil servant transfers, particularly within the Makassar City Government: First, the legal foundations, procedures, and potential disputes arising from transfer decisions from an administrative law perspective. Second, the legal remedies available to civil servants within the Makassar City Government who feel aggrieved by such transfer decisions. Meanwhile, this study employs both normative and empirical juridical approaches. The normative approach is used to analyze relevant regulations such as Law No. 5 of 2014, Government Regulation No. 11 of 2017, as well as court decisions and opinions from supervisory institutions such as the Indonesian Ombudsman and the Civil Service Commission (KASN). The empirical approach, on the other hand, involves field studies and interviews with staffing officials, transferred civil servants, and other relevant stakeholders. This research seeks to provide a scientific contribution to strengthening the merit system, upholding administrative law principles within the bureaucracy, and serving as a foundation for the formulation of fairer, more transparent, and accountable policies.
Criminal Punishment Policy For Perpetrators of Digital Pornographic Content Distribution Through Social Media From A Contemporary Criminal Law Perspective Based On Pornography Law Jefryanta, Jefryanta; Sudiro, Amad
Journal of Law, Politic and Humanities Vol. 6 No. 2 (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.v6i2.2655

Abstract

The development of digital technology has facilitated the distribution of pornographic content through social media, creating new challenges for criminal law enforcement. This phenomenon demands adaptive and proportional criminal policies based on contemporary criminal law principles and the provisions of Law Number 44 of 2008 concerning Pornography. The problem faced is how to regulate criminal policies for perpetrators of the distribution of digital pornographic content through social media in Indonesia and how to construct criminal policies for the distribution of digital pornographic content through social media in Indonesia. The research method used in this study is normative juridical legal research. The results of the study indicate that the regulation of criminal policies for perpetrators of the distribution of digital pornographic content through social media in Indonesia is regulated in Law Number 44 of 2008 concerning Pornography and supported by the Information and Electronic Transactions (ITE) Law, but its implementation still requires harmonization to be more effective and adaptive to developments in digital technology. Meanwhile, the construction of criminal policies for the distribution of digital pornographic content needs to be directed towards a more comprehensive approach, by balancing aspects of law enforcement, protection of public morals, and the right to freedom of expression within the framework of contemporary criminal law.
Intersectional Feminist Community Transformation: Women’s Reproduktive Health Innovation Within Patriarchal Hegemony Handayani, Asri Reni; Harmili; Asmanengsi, Sarti
Journal of Law, Politic and Humanities Vol. 6 No. 2 (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.v6i2.2660

Abstract

Reproductive rights signify women’s autonomy; however, many women still lack full control over their own bodies. Unequal gender norms often place women at a disadvantage in negotiating the use and control of their reproductive organs. Patriarchal hegemony reinforces women’s subordination by restricting their rights to information, access to healthcare services, and control over their bodily autonomy. Health systems that are not grounded in gender equality frequently fail to address women’s specific needs, leading to limited access to essential reproductive health information and services. This study aims to examine and analyze community transformation through an intersectional feminist approach, focusing on women’s reproductive health innovations as a means to promote gender equality within patriarchal structures. The research employs a normative–empirical legal method, combining doctrinal analysis with field investigation. Primary data were collected through open-ended and in-depth interviews with selected participants, and analyzed qualitatively to explore women’s experiences, perceptions, and constraints regarding reproductive rights. The findings reveal that women’s understanding of and access to reproductive health rights in Sumbawa remain constrained by entrenched patriarchal norms, low literacy levels, gender-insensitive healthcare services, and minimal male involvement in family planning programs. Nonetheless, initiatives such as the Ayah Asih (Caring Fathers) program and posyandu remaja (youth health posts) have been introduced to foster gender equality and increase reproductive health awareness. Although women’s reproductive rights are legally recognized in Indonesia, their implementation remains limited, and women continue to face significant challenges in asserting their reproductive autonomy.
Establishing Time Limits for Investigations Based on Legal Certainty Values Hastika, Adrian Richkiel; Erliyani, Rahmida; Suprapto, Suprapto; Zulaeha, Mulyani
Journal of Law, Politic and Humanities Vol. 6 No. 2 (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.v6i2.2662

Abstract

This article examines the reformulation of the investigation time limit regulation based on the value of legal certainty in the Indonesian criminal law system. The provisions in the current Criminal Procedure Code (KUHAP) do not regulate the investigation time limit, thus creating legal uncertainty, weak oversight, and the potential for abuse of authority by law enforcement officers. This study uses a normative juridical approach with descriptive analysis to find the ideal concept for reforming criminal procedure law. The results show that the unclear investigation time limit contradicts the principle of due process of law and the principle of speedy, simple, and low-cost justice. Therefore, a reformulation of the KUHAP is needed by adding provisions regarding the maximum 30-day investigation period, reasons for termination of investigation, and internal and external oversight mechanisms. This reformulation is expected to ensure legal certainty, prevent abuse of authority, and strengthen human rights protection in the criminal justice process in Indonesia.
Legal Protection for Home Ownership Loan Debtors of Bank Tabungan Negara for the Delay in the Issuance of Land Certificates After Credit Repayment Fazila, Raysha Aulia; Putri, Citraresmi Widoretno
Journal of Law, Politic and Humanities Vol. 6 No. 2 (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.v6i2.2663

Abstract

The delay in issuing land title certificates after the repayment of Home Ownership Loans creates legal uncertainty and potential losses for debtors. This study aims to analyze the responsibility of Bank Tabungan Negara and the role of the National Land Agency regarding delays in issuing land title certificates after loan repayment, to assess whether such delays fulfill the elements of default or constitute an unlawful act and to evaluate the forms of legal protection and dispute resolution mechanisms available to debtors. The object of this study is the legal issue related to delays in issuing land title certificates after loan repayment. The research subjects include Home Ownership Loan debtors, Bank Tabungan Negara and the National Land Agency. This study applies a normative legal research method using juridical analysis and case studies. The results indicate that Bank Tabungan Negara bears moral and administrative responsibility in ensuring the rights of debtors, while the National Land Agency plays a role in the issuance of certificates and supervision of the bank’s obligations. Delays in certificate issuance may fulfill the elements of administrative default if negligence occurs in fulfilling obligations by Bank Tabungan Negara. The bank needs to strengthen its internal task force, while the National Land Agency should optimize the implementation of Electronic Mortgage Rights, Electronic Land Certificates and apply a Service Level Agreement to ensure accountability and timeliness of certificate issuance which provides legal certainty and legal protection.

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