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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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Legal Optimization of Digital Tax Administration in Indonesia: Case of Coretax Sihombing, Jonker
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.v6i2.2720

Abstract

The core issue in Indonesia’s tax system lies in the underperformance of the core tax administration functions managed by the Directorate General of Taxes, particularly registration, reporting, payment, and enforcement. These weaknesses have contributed to low voluntary compliance and inefficient revenue collection in tax authorities. The purpose of this research is to evaluate whether Indonesia’s core tax system aligns with the Absolute Obligation Theory and the fundamental framework of tax administration law, which view taxation as a non-negotiable obligation of citizens in support of public services and national stability. Using a normative juridical method and a comparative approach with other tax administration models, the study identifies persistent shortcomings in Indonesia’s policy design, administrative capacity, and enforcement strategies. The findings reveal that Indonesia has yet to fully implement tax administration principles in a coherent and effective manner. In conclusion, the study suggests that Indonesia should adopt key lessons in legal clarity, digital integration, and institutional governance to build a more efficient tax administration system.
Pertamina's Quasi-Monopoly : How Restrictions on Basic Fuel Imports Impact the Downstream Oil and Gas Investment Maharani, Dewi Nadya; Muzakki, Fauzan; Hartati S, Sawitri Yuli; Setiyono, Setiyono; Efrianto, Gatot
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.v6i2.2726

Abstract

This study discusses the implications of quasi-monopolies that arise due to Pertamina's dominance in the management of the oil and gas sector, especially related to the policy of regulating fuel imports through the Circular Letter of the Ministry of Energy and Mineral Resources Number T-19/MG.05/WM. M/2025 dated July 17, 2025. A quasi-monopoly occurs when market dominance is achieved through administrative policies that limit market access for other business actors. This study uses a normative juridical approach, with qualitative-descriptive analysis of laws and regulations, legal literature, and policy documents. The results of the analysis show that the fuel import regulation policy that gives preference to Pertamina can hinder private investor participation, increase the risk of unfair competition, and create legal uncertainty, thereby contributing to declining investment interest. This study recommends policies to ensure fair market access, import transparency, contractual legal certainty, and periodic evaluation of policy impacts. The implementation of these recommendations is expected to minimize quasi-monopolies, encourage a healthy investment climate, and ensure sustainable national energy management
Legal Protection For Child Victims of Partner Violence: A Perspective From Law Number 35 of 2014 Concerning Child Protection Vratista, Imelda; Lewoleba, Kayus Kayowuan
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.v6i2.2728

Abstract

This research discusses legal protection for child victims of dating violence in Indonesia, referring to Law Number 35 of 2014 concerning Child Protection. The phenomenon of dating violence among children and adolescents is becoming increasingly normalized by society, yet the available legal protection is still inadequate. The purpose of this research is to analyze the challenges and formulate efforts in implementing effective legal protection for children who are victims of dating violence. This research uses a normative juridical method with a legislative, conceptual, and legal implications approach. The research findings indicate three main challenges: the absence of legal norms due to the lack of explicit regulations regarding dating violence in the Child Protection Law, obstacles to reporting and accessing justice due to low awareness and social stigma, and weak inter-agency coordination in implementing child protection. The Indonesian Child Protection Commission (KPAI) has attempted to overcome these obstacles thru strengthening institutional synergy, policy advocacy, digital-based monitoring, and promoting responsive local regulations. However, the implementation of legal protection has not been comprehensive due to the limited understanding and sensitivity of law enforcement officials and the public. Therefore, legal updates are needed by including dating violence as a form of violence against children, increasing public legal literacy, and strengthening cross-sectoral coordination to realize child protection in accordance with the principle of the best interests of the child.
The Principle of Prudence and Legal Responsibility of Notaries in Beneficial Ownership Verification Pradhana, Candra Aditya
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.v6i2.2685

Abstract

The purpose of this paper is to describe and analyze issues related to the protection and legal certainty of notaries in verifying the accuracy of corporate BO information, where Permenkum 2/2025 transforms verification from passive to active. The research used a normative approach with a statutory, conceptual, and analytical approach. The analysis reveals an asymmetry between the obligation to verify the accuracy of BO information and the authority possessed by notaries. The absence of investigative authority and cross-verification mechanisms eliminates the substantive nature of notaries' reports on the accuracy of BO information. Protection in the form of liability for notaries who do not or incorrectly include BO information is based on how consistently notaries apply the principle of prudence. If notaries consistently apply this principle, then the element of mens rea in criminal liability and the element of fault in PMH are invalidated, so that notaries cannot be held legally liable.
Legal Protection of Anesthesia Technicians for Anesthesia Procedures Without an Anesthesiologist in Hospitals Afriansyah, Afriansyah; Hayatuddin, Khalisah; Martini, Martini
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.v6i2.2732

Abstract

This study aims to analyze the authority and forms of legal protection for anesthesia technicians in performing anesthesia procedures without the presence of an anesthesiologist in hospitals. The research method used is normative legal research with statutory and conceptual approaches, using primary, secondary, and tertiary legal materials analyzed qualitatively. The research results show that there is a gap between normative provisions in Minister of Health Regulation No. 18 of 2016 and empirical practice in the field. Although the regulation governs the delegation of authority (delegation and mandate) for anesthesia technicians under certain conditions, its implementation still faces limitations in supervision and unclear legal responsibility. Law No. 17 of 2023 on Health brings important changes by positioning anesthesia technicians as medical technical personnel and making competency standards the basis of authority, while providing legal protection for health workers who act to save patients' lives in emergency situations. However, legal protection for anesthesia technicians who perform elective procedures without an anesthesiologist remains weak as it may be considered exceeding authority. In conclusion, legal protection for anesthesia technicians in anesthesia procedures without an anesthesiologist is limited and contextual: strong in emergency situations, but weak in elective procedures. More explicit legal arrangements adaptive to health service conditions in regions are needed to provide proportional legal certainty and protection for anesthesia technicians and ensure patient safety.
Smart Village Concept And Improvement Of Public Services In Indonesia Devianty, Tia; Hastika, Nunung; Santosa, Pandji
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.v6i2.2801

Abstract

The Smart Village concept in Indonesia seeks to integrate information and communication technology (ICT) into rural development to enhance public service efficiency, community empowerment, and overall quality of life. This study adopts a qualitative descriptive approach through document analysis to explore the implementation of Smart Village initiatives as a strategy to reduce disparities between urban and rural areas. Key challenges identified include infrastructure gaps, limited digital literacy, budget constraints, resistance to change, and data security concerns. Successful case studies such as Banyuwangi’s Smart Kampung, public-private partnerships in Pangandaran, and the adoption of telemedicine and e-learning platforms illustrate significant improvements in administrative efficiency, transparency, healthcare access, education, and local economic empowerment. The findings emphasize the importance of multi-stakeholder collaboration involving government, private sector, academia, and communities to overcome these barriers. Furthermore, the study outlines the phased process of digital transformation in public services: digitization, digitalization, integration, and intelligent governance, exemplified by initiatives such as e-KTP, the Village Information System (SID), and the One Data Indonesia portal. Policy frameworks including the National Electronic-Based Government System Architecture (SPBE) and the Digital Village Movement are identified as critical enablers. Ultimately, equitable infrastructure, comprehensive digital literacy, secure data governance, and sustainable funding models are essential to scale Smart Village initiatives nationwide, fostering inclusive and sustainable rural development.
The Role of the General Election Supervisory Agency (Bawaslu) in Handling Vote Shifts in the 2024 General Elections Niode, Burhan; Wullur, Magdalena; Pengemanan, Johnly; Piter, Yukbel
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.v6i2.2850

Abstract

This study aims to examine the role of the General Election Supervisory Agency (Bawaslu) of North Minahasa Regency in handling cases of vote shifting in the 2024 election in West Likupang District, North Minahasa Regency. The method used in this study is a qualitative method. Data was obtained through interviews and document analysis in the context of tracing the supervision, prevention, and enforcement functions by the Bawaslu of North Minahasa Regency. The results of the study show that the Bawaslu of North Minahasa Regency actively coordinates with the General Election Supervisory Committee (Panwaslu) of West Likupang District and the Integrated Law Enforcement Center (Gakkumdu) to maintain the integrity of the election, but faces obstacles in the form of limited resources, low community participation in supervision activities. Based on the institutional theory of W. Richard Scott, this study found that the regulatory pillars are effective, while the normative and cognitive aspects of culture need to be strengthened to increase transparency and fairness. This study recommends increasing public political awareness in supervision and collaboration between institutions related to community participatory strengthening activities and preventing election violations in order to create credible and integrity elections.
Bandung City's Parallel Diplomacy in Marketing MSMEs Through the Little Bandung Program in Petaling Jaya Ramdan, Intan Agatha; Azmi, Fuad
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.v6i2.2989

Abstract

This article discusses the parallel diplomacy practiced by the Bandung City Government through the Little Bandung Program as a marketing strategy for micro, small, and medium enterprises (MSMEs) at the international level. The background of this research stems from the increasing role of subnational actors in international relations and the need for local governments to expand market access for MSMEs as drivers of the local economy. This study aims to analyze how parallel diplomacy is implemented by the Bandung City Government in the Little Bandung program and the role of MSMEs as societal actors supporting subnational diplomacy. This study uses a qualitative approach through the collection of primary data in the form of interviews and secondary data through document studies and relevant literature. The results show that Little Bandung is a practice of parallel diplomacy that is autonomous, based on regional needs, and carried out through cross-actor collaboration, including the city government, MSMEs, foreign partners, and the diaspora community. MSMEs not only play a role as objects of promotion but are also actively involved in cross-cultural interactions and the formation of international economic networks. This study concludes that MSME-based parallel diplomacy can be a strategic instrument for local governments to promote the internationalization of the local economy and enrich the study of subnational diplomacy in International Relations studies.
Reconstruction Reconstruction of Mining Permitting Policies Based on Water Resource Protection: A Study of PDAM Water Pollution in Bangka Regency Yusrizal, Yusrizal; Saliman, Abdul Rasyid
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.v6i2.3019

Abstract

This research examines the problematic mining licensing policies in Bangka Regency concerning the protection of water resources as part of fulfilling citizens' constitutional rights. Mining activities in this region have contributed to the contamination of water sources managed by the Regional Water Company (PDAM), which has implications for the fulfillment of the right to clean water as guaranteed in the 1945 Constitution. Using a juridical-empirical approach, this study analyzes the fundamental weaknesses in the mining licensing policy framework that has not integrated water resource protection as a primary consideration. The research findings indicate that the mining licensing process emphasizes economic aspects and pays less attention to ecological impacts on water sources, resulting in a conflict between economic interests and the fulfillment of constitutional rights. This research proposes a reconstructed model of mining licensing policy that integrates impact assessments on water resources, establishment of water source protection zones, and mechanisms for accountability and compensation for pollution. Through this policy reconstruction, it is expected to create a balance between the utilization of natural resources for economic development and the protection of citizens' constitutional rights to clean water in Bangka Regency.
D’Gondangrejo Resto Investment Agreement: Legal Construction and Legal Protection for the Parties Involved Ardio Ragamufti Wisanggeni; Kelik Wardiono
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.v6i2.3033

Abstract

This research is prompted by the rapid growth of investment in the culinary and recreation sectors within the strategic toll gate area of Gondangrejo, Karanganyar Regency, which has triggered various local investment cooperation models. A prominent phenomenon is the investment agreement at D’Gondangrejo Resto, involving fixed asset capital participation that often lacks specific regulation under named agreement categories. The purpose of this study is to dissect the legal construction underlying such cooperation and analyze the legal protection mechanisms for both investors and business owners to ensure legal certainty. The research method employed is normative legal research with a statutory approach and a conceptual approach, utilizing secondary data consisting of positive legal norms and relevant literature. The results indicate that the legal construction of the D’Gondangrejo Resto investment agreement is an innominate agreement which, substantially, can be analogized to a Limited Partnership (Commanditaire Vennootschap) based on Articles 19-21 of the Indonesian Commercial Code. In this structure, the investor serves as a limited partner (silent partner) responsible only for the capital invested, while the business owner acts as a general partner with full personal liability. Preventive legal protection is realized through clauses limiting liability and rights to financial transparency, while repressive legal protection is available through instruments of compensation and agreement cancellation pursuant to Article 1243 of the Civil Code in the event of a breach of contract (wanprestasi). The novelty of this research lies in its proposal of a commercial law analogy (de facto CV) to provide legal protection standards for micro-to-medium investments using hybrid contract schemes outside formal corporate entities. These findings offer a theoretical contribution to the development of local investment contract law and practical implications for strengthening cooperation agreements in the culinary service sector.

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