cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
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,
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 1,073 Documents
 104   105   106   107   108 
Constitutional Guarantees of the Right to Privacy of Personal Data of Citizens in the Era of Government Digitalization Rahmawati, Aprilia Dwi; Wardana, Dodi Jaya
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.v6i2.2664

Abstract

The advancement of digital technology and the transformation toward electronic- based governance have brought new challenges to the protection of citizens' privacy rights, particularly concerning personal data. In the digital era, personal data has become increasingly vulnerable to misuse and databreaches, while Indonesia’s legal framework is still in the process of adapting to these issues. This study aims to analyze the extent to which the right to privacy and personal data is constitutionallyprotected, and how the state is obligated to ensure such protection. This research uses normative legal methods with a juridical- conceptual approach. The findings indicate that the right to privacy is constitutionally guaranteed in the 1945 Constitution of the Republic of Indonesia, particularly in Article 28G paragraph (1) and Article 28H paragraph (4), although personal data is not explicitly mentioned. The enactment of Law No. 27 of 2022 on Personal Data Protection marks a significant step in strengthening legal safeguards for digital privacy. It must be supported by the establishment of an independent supervisory authority, adaptive policy formulation, and increased digital literacy among the public.
The Urgency of Establishing Compensation Standards and Minimum Wage Schemes for Interns from a Justice Perspective: A Normative Study on Internship Providers Gutama, Alma Florydia; Sadiawati, Diani
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.v6i2.2668

Abstract

The lack of harmonization in regulations governing internship programs in Indonesia has led to ambiguity regarding the legal status of interns, resulting in weak legal protection and the absence of fair compensation standards, thereby potentially giving rise to disguised employment. Based on an analysis using the theories of justice of Gustav Radbruch, John Rawls, and the Critical Legal Studies (CLS) perspective, it was found that the existing regulations, namely Minister of Manpower Regulation No. 6 of 2020, Minister of Education, Culture, Research, and Technology Regulation No. 63 of 2024, and Minister of Manpower Regulation No. 8 of 2025, still overlap and have not established clear compensation standards. This situation contradicts the principles of justice as fairness and substantive justice because it disregards the economic rights of interns. Therefore, a Presidential Regulation (Perpres) is needed as a legal umbrella to unify inter-ministerial provisions and establish National Compensation Standards Based on the Minimum Wage (UMP), with a scheme of 25% of the UMP for curricular internships, 40% for non-curricular internships, and 50% for fresh graduates, in order to realize a fair, adaptive, and legally certain internship system.
Reconstruction of Indonesian Tax Law Based on The Principle Of Distributive Justice To Establish A Welfare State In The Framework of The Rule of Law Pamungkas, Ery; Samosir, Tetti; Munzil, Fontian; Hidayati, Maslihati Nur
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.v6i2.2670

Abstract

Amidst efforts to establish a welfare state, the current tax system actually creates economic injustice through the dominance of regressive indirect taxes, asymmetric law enforcement, and a transparency deficit that weakens public legitimacy. This study uses a dogmatic research method and deeply analyzes the vertical and horizontal consistency between legal norms and tax practices. The study was conducted using a textual and conceptual approach, as well as an assessment of the harmonization of various related regulations. The results show a disharmony between the constitutional mandate demanding distributive justice and consumption tax policies and weak enforcement against corporate tax avoidance. This phenomenon is exacerbated by limited transparency and accountability in the use of tax funds, leading to a crisis of public trust. The paper recommends a comprehensive reconstruction of the tax system, including strengthening progressive taxation, equal law enforcement, increasing fiscal transparency, harmonizing regulations, and adopting international practices, so that the tax system can function optimally as an instrument for redistributing welfare in accordance with the principles of the Pancasila rule of law.
Optimization of Government Management in the Implementation of Smart Governance to Enhance the Efficiency of Public Services in Bekasi City Dwi Saputro, Sudarmo; Muda, Satria Kadir; Triambodo, Firlannang; Gumilang, Inggil; Amelia, Neneng Widya
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.v6i2.2674

Abstract

This study aims to analyze the optimization of government management in the implementation of smart governance to enhance the efficiency of public services in Bekasi City. As the public demand for fast, transparent, and accountable services continues to increase, local governments are required to adopt technology- and data-based governance systems. This research employs a qualitative approach using semi-structured interviews, observations, and document studies involving government officials and public service users. The findings indicate that the implementation of smart governance in Bekasi City has shown significant progress through the development of the Public Service Mall (MPP), online complaint channels, and the digitalization of administrative services. However, the efficiency of public services remains hindered by weak inter-agency coordination, limited information system integration, and the low digital competency of government personnel. Optimal implementation of smart governance requires strengthening government management aspects, particularly in data-driven strategic planning, cross-unit integration, and human resource capacity building. Thus, the success of the transformation toward smart governance in Bekasi City depends on the synergy between technological innovation, effective governance, and public participation in delivering efficient and sustainable services.
Consumer Protection in Fintech Lending: (Study of Decision Number 438/ Pid.Sus /2020/PN Jkt.Utr in the Perspective of POJK 18/2023 and the PDP Law) Azzahra, Khalita Putri; Satino, Satino
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.v6i2.2675

Abstract

The rapid growth of financial technology (fintech) in Indonesia has created new legal challenges, particularly regar ding consumer protection and personal data misuse. This study examines the implementation of consumer protection in fintech lending through District Court Decision No. 438/Pid.Sus/2020/PN Jkt.Utr and evaluates the effectiveness and fairness of the legal framework under POJK No. 77/POJK.01/2016, POJK No. 18/POJK.07/2023, and the Personal Data Protection Law (Law No. 27 of 2022). Using a normative juridical method with statutory, conceptual, comparative, and case approaches, the research analyzes how these regulations ensure legal certainty and justice for consumers. The results show that although the new regulations strengthen legal protection and ethical obligations, their effectiveness still depends on law enforcement, inter-agency coordination, and public legal awareness.
Conjugal Visit Policy in the Perspective of Indonesian Criminal Law: Between the Fulfillment of Human Rights and the Limits of Islamic Morality Syafari, Tri; Basto Daeng Robo; Fathurrahim; Sophian Yahya Selajar; Nurhayati Chalil
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.v6i2.2679

Abstract

This study explores the legal and moral dimensions of conjugal visits within Indonesia’s criminal justice system by examining their position under national law and the potential influence of Islamic morality on correctional policy. It highlights the existing gap between constitutional guarantees of human rights—specifically the right to family life and the satisfaction of biological needs—and the absence of explicit legal provisions allowing conjugal visits for prisoners. Employing a normative legal methodology, this research utilizes legislative, conceptual, comparative, and philosophical approaches, drawing upon sources such as the 1945 Constitution, Correctional Law, Criminal Code, international human rights instruments, and Islamic jurisprudence. The findings indicate that conjugal visits may be recognized as a conditional right aligned with humanitarian principles and rehabilitation objectives, provided that implementation follows strict ethical and procedural safeguards consistent with Islamic teachings that confine sexual relations to lawful marriage. Thus, the regulation of conjugal visits remains possible if framed as a limited privilege integrating human rights with Islamic moral principles. The study’s novelty lies in proposing a reconciliatory policy model that merges socio-psychological, juridical, and human rights perspectives, offering a framework for humane, religiously compliant, and socially appropriate correctional reform in Indonesia.
The Interaction of Authority Between Notaries and Land Deed Officials (PPAT) in Land Transactions: An Analysis of Legal Certainty and Normative Solutions Lado, Dedy Alexander; Rini, Indrati
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.v6i2.2680

Abstract

This study aims to analyze the interaction of authority between Notaries and Land Deed Officials (PPAT) in the execution of land transaction deeds, emphasizing the aspect of legal certainty and the accountability of public officials. The issue arises due to overlapping authorities in practice, particularly when a Notary simultaneously holds the position of a PPAT in transferring land rights. This dual function often results in differing interpretations regarding the validity of deeds, the legitimacy of the officiating authority, and the resulting legal consequences for the parties involved. In addition, the Indonesian legal system has not yet firmly delineated the jurisdictional boundaries between the Notary and PPAT offices, creating potential uncertainty in the execution of authentic deeds.This research employs a normative juridical method with a combination of statute, conceptual, and case approaches. The statute approach examines the harmonization between the Law on Notary Office and the Regulation on PPAT Office. The conceptual approach interprets legal theories of competence, public responsibility, and legal certainty, while the case approach analyzes five key Supreme Court decisions that deal with the validity of deeds and overreach of authority.The results reveal an urgent need for legal harmonization and the establishment of concrete implementation guidelines that clarify the separation of authority between Notaries and PPATs. Furthermore, the study proposes the strengthening of professional supervision and accountability to prevent authority conflicts and to ensure a consistent standard of legal protection for the public.
Criminal Liability For Ai-Based Cybercrime: Comparative Analysis Of Common Law And Civil Law Approaches Hidayati, Maslihati Nur; Surono, Agus; Pamungkas, Ery
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.v6i2.2683

Abstract

This study analyzes the fundamental differences between common law and civil law systems in responding to criminal liability for artificial intelligence-based cybercrime. The background of the study covers the significant escalation of crimes utilizing AI, with 87% of global organizations experiencing AI-based attacks in 2024, AI-based fraud losses predicted to reach $40 billion by 2027, and a 223% increase in the trade of deepfake tools on dark web forums. The main problem identified by the research is a critical paradox: as AI technology becomes increasingly sophisticated in facilitating cybercrime, the gap between existing legal regulations and operational realities in the field widens, allowing criminals to exploit ambiguities in accountability to avoid responsibility. The research methodology uses a qualitative comparative legal analysis approach through analysis of primary legal documents from both systems, with case studies in four jurisdictions: the United States and the United Kingdom for common law, and Germany and France for civil law, as well as the supranational framework of the EU AI Act. The results show that the common law system has developed three models of liability—perpetration-via-another, natural-probable-consequence liability, and direct liability—but still faces fundamental difficulties in attributing mens rea to AI systems that lack moral consciousness. In contrast, civil law systems adopt a provider-deployer approach with the mechanisms of Organisationsverschulden in Germany and responsabilité pénale in France, which allow for liability based on organizational negligence, although they often lag behind in responding to technological developments. This study concludes that a hybrid approach is needed that combines the clarity of civil law codification with the adaptive flexibility of common law, as well as cross-jurisdictional harmonization to overcome the challenges of law enforcement in an increasingly autonomous AI era.
The Idea of The Right To Recall Constituents’ Vs The Principle Of Secrecy In The Election Law: The Death Of The Right of Constituents In Positive Law Novelino, Romadu; Hoesein, Zainal Arifin
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.v6i2.2684

Abstract

This article examines the paradox of democracy in the Indonesian electoral system through the conflict between the right of recall by constituents and the principle of secrecy regulated in the Election Law. Normatively, the principle of secrecy is intended to protect the political freedom of voters from pressure and intimidation. However, in practice, this principle has lost its substantive meaning when people's political choices become public consumption and are even used as a tool for political transactions. At the same time, the people as constituents do not have the constitutional right to withdraw the mandate against the people's representatives who are not trustworthy, because the power of recall is entirely in the hands of political parties. This study uses a juridical-normative approach with conceptual analysis and case studies to examine the principle of secrecy that is no longer appropriate in the legislative election system and the mechanism of recall of the principle of people's sovereignty as stipulated in Article 1 paragraph (2) of the 1945 Constitution. Using the perspective of legal positivism, this study found a gap between the formal legality of the electoral system and the morality of democratic justice. The positivization of election law that places the party as the owner of the people's representative seat has shifted the sovereignty of the people to the sovereignty of the party. The results of the study show that the death of constituent sovereignty is the result of political party dominance over the representation mechanism and weak protection of people's political rights after the election. The right of recall should be returned to the people (constituents) as the owners of the legitimate political mandate through a constituency-based recall (people's recall right/constituency recall) with the mechanism of 1) recall petition; 2) public ethics and fact testing by independent institutions; and 3) political parties cannot reject or hinder the submission of recall if they have met the constitutional and administrative requirements. Political parties should only play a role, as facilitators, not executors.
Niet Ontvankelijke Verklaard (Di NO) Case of Annulment of Marriage Due to an Arranged Marriage Sari, Anggun Purnama; Setiyawan, Deni
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.v6i2.2695

Abstract

This study aims to analyze the decision of Niet Ontvankelijke Verklaard (NO) or the inadmissibility of the case in the case of marriage annulment based on an arranged marriage agreed by the parties, as well as to examine the legal basis, the judge's considerations, and the legal implications for the protection of the rights of the parties harmed in the marriage. The phenomenon of arranged marriages still often occurs in society for reasons of custom, economics, or family honor. However, when the marriage is filed for annulment to the religious court, it is not uncommon for the application to be declared Niet Ontvankelijke Verklaard because it is considered not to meet the formal and material requirements according to the provisions of civil procedural law and Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. This study uses a normative juridical method with a case approach and a statute approach, through an analysis of court decisions that declare the case inadmissible. The results of the study indicate that the main reasons for the judge to issue an NO decision are the failure to fulfill the legal standing requirements, the incompleteness of the object of the lawsuit, and formal defects in the petition for annulment. Furthermore, the agreement to an arranged marriage by the parties to the marriage is considered voluntary, thus failing to meet the element of coercion that constitutes the basis for annulment. The NO ruling has the legal implication that the case was not examined to its core, allowing the parties to resubmit the lawsuit with formal amendments. In conclusion, the Niet Ontvankelijke Verklaard ruling in the case of annulment of a marriage based on an arranged marriage does not mean the marriage is fully valid, but rather indicates an inaccuracy in the lawsuit filing procedure that must be improved to achieve legal certainty and protect individual rights in marriage.

Page 107 of 108 | Total Record : 1073

 104   105   106   107   108 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024) Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024) Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024) Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023) Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023) Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023) Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023) Vol. 3 No. 1 (2022): (JLPH) Journal of Law, Politic and Humanities (November 2022) Vol. 2 No. 4 (2022): (JLPH) Journal of Law, Politic and Humanities (August 2022) Vol. 2 No. 3 (2022): (JLPH) Journal of Law, Politic and Humanities (May 2022) Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022) Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021) Vol. 1 No. 4 (2021): (JLPH) Journal of Law, Politic and Humanities (August 2021) Vol. 1 No. 3 (2021): (JLPH) Journal of Law, Politic and Humanities (May 2021) Vol. 1 No. 2 (2021): (JLPH) Journal of Law, Politic and Humanities (February 2021) Vol. 1 No. 1 (2020): (JLPH) Journal of Law, Politic and Humanities (November 2020) More Issue