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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 Vacuum in Inheritance Dispute Resolution: A Comparative Study of Customary Law and Positive Law in Bonokeling Zaenudin, Zaenudin; Listyani, Ajeng Aditya; Sasono, Wasis Singgih; Haryadi, Nanda Rahayu; Natasaputri, Pritha Arintha
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.v6i2.3035

Abstract

This study examines the legal vacuum in resolving inheritance disputes in the Bonokeling indigenous community in Pekuncen Village, Jatilawang District, Banyumas Regency, Central Java, by examining the tension between customary law norms and the national legal system. Although the customary inheritance norms of the Bonokeling indigenous community, based on family deliberation, are still alive and well, the resulting agreements often lack legal force in the state's judicial system. This study employed a normative and empirical juridical approach (socio-legal research). Data were obtained through literature review, interviews, and observations within the Bonokeling indigenous community. The findings indicate that the legal vacuum is institutional and regulatory, rather than normative, because customary norms persist but have not received adequate formal recognition. The absence of a legal mechanism to validate the results of family deliberations creates the potential for legal conflict when disputes are brought to court. Therefore, this study recommends the need for a legal strengthening scheme for customary decisions, for example through the creation of a peace deed or legal recognition of customary deliberation mechanisms. The implications of this research emphasize the importance of integrating legal pluralism into the national legal system to ensure substantive justice and legal certainty for indigenous peoples.
Proportionality in Mandatory Green Building Certification: A Legal-Economic Analysis ., Sutikno; Wibowo, M. Agung; Soeharto, Achmad
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.v6i2.3036

Abstract

The Mandatory green building certification has emerged as a central policy tool to advance sustainable development and reduce the environmental impacts of the construction sector, yet in Indonesia, it operates within a hybrid regulatory framework that combines statutory rules with non-state technical standards. This study examines whether such mandatory certification is legally sound, economically rational, and proportionate in relation to the burdens it imposes on regulated actors. Using a juridical–economic approach, the research integrates doctrinal legal analysis with public policy economics by examining national statutes, ministerial and regional regulations, and private certification standards, alongside academic literature and international policy reports. The analysis is conducted qualitatively through legal interpretation, cost–benefit reasoning, and a proportionality test based on the criteria of legitimate aim, suitability, necessity, and proportionality stricto sensu. The findings show that mandatory green building certification clearly pursues a legitimate public objective, environmental protection and sustainable development, but its implementation raises concerns about legal certainty and distributive justice. Reliance on non-state standards without explicit statutory delegation creates normative ambiguity, while significant upfront compliance costs for design, technology, and certification disproportionately affect small and medium-sized enterprises. As a result, the policy satisfies the requirement of a legitimate aim but does not fully meet the elements of necessity and proportionality in the strict sense, since it is not always the least restrictive or most balanced means of achieving environmental goals. The study’s novelty lies in its integrated legal–economic assessment of green building certification through the principle of proportionality, offering a holistic framework that evaluates environmental regulation not only as a matter of legal validity but also as an instrument of economic rationality and fair burden-sharing in public policy.
Parallel Diplomacy of the City of Solo for Regional Culture Preservation through Solo International Performing Arts (SIPA) Khairunnisa, Ayuningtyas; 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.v6i2.3038

Abstract

This study analyzes the parallel diplomacy practices of Solo City in preserving regional culture through the implementation of Solo International Performing Arts (SIPA) for the 2021-2025 period. The main issues examined are the suboptimal parallel diplomacy framework, declining interest of the younger generation in traditional arts, and minimal follow-up on international cooperation after the event. The research uses a descriptive qualitative method with data collection techniques through semi-structured interviews with the Director of SIPA and officials from the Solo City Tourism, Youth, and Sports Agency, direct observation at SIPA 2025, and a study of official documents from the Ministry of Tourism and Creative Economy and the Solo City Government. The results of the study show that the Solo City Government acts as an autonomous initiator, facilitator, and coordinator in SIPA without explicit direction from the central government, fulfilling the characteristics of parallel diplomacy through subnational initiatives, cross-actor involvement, and an orientation towards preserving the local identity of "The Spirit of Java". Analysis using Brian Hocking's framework reveals that Solo has the capacity to act through independent decision-making, the capability to manage through managing relations with an average of 8-10 participating countries annually, and the capacity to promote through a multi-platform strategy that increases tourist visits by 12 percent per year. The study concludes that SIPA has succeeded in creating a foundation for cultural preservation with a 40 percent increase in youth participation and the regeneration of artists, despite still facing challenges in program sustainability and the institutionalization of systematic follow-up mechanisms.
Copyright Law Protection Against Unauthorized Use of Artwork In Commercial Products Ananto, Riana Wulandari; Utama, Mohammad Wira; Ginting, Elianta; Amalia, Erna; Ekaningsih, Lailasari
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.v6i2.3041

Abstract

Copyright is an essential instrument within the Intellectual Property Rights (IPR) system, providing legal protection for works of art, literature, and science, including the economic and moral rights of the creator. In Indonesia, copyright regulation has evolved from Law No. 6 of 1982 to Law No. 28 of 2014, which affirms that copyright arises automatically based on the declarative principle and grants creators exclusive rights to exploit, use, and derive economic benefits from their works. This study employs a normative legal method by examining primary, secondary, and tertiary legal materials, including relevant legislation and court decisions. Copyright protection plays a crucial role in ensuring that creators receive recognition, control, and economic benefits from their works. The use of artistic works for commercial products without permission, such as the silhouette sketch of the “Tugu Selamat Datang” by PT Martina Berto Tbk, constitutes a violation of the creator’s economic and moral rights. Law No. 28 of 2014 emphasizes that copyright arises automatically once a work is realized, so any adaptation or use of a work still requires permission from the rights holder. The analysis indicates that copyright protection is vital for preventing unilateral exploitation of artistic works, ensuring legal certainty for creators, and promoting compliance within the creative industry
Women Fishers’ Access to Economic Resources from the Perspectives of Gender Equality and Legal Justice Sitepu, Ied Veda; Panjaitan, Hulman; Saragi, Paltiada
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.v6i2.3043

Abstract

Women Fishers’ Access to Economic Resources from the Perspectives of Gender Equality and Legal Justice discusses systemic marginalization despite women fishers’ significant contribution to fisheries through post-harvest work, small-scale industries, and even active fishing. This exclusion limits their access to economic resources, and consequently, health services, small-scale fishermen’s loan or even state protection. The objectives of the paper is to examine how patriarchal cultural norms and information asymmetries marginalize women from being recognized as fishers, restrict their access, and how exclusionary legal definitions of “fisher” systematically limit women’s economic participation.The study  uses normative legal research method (normative juridical) with statutory analysis and a sociological legal research method (sociological juridical) to seek and identify the relationship between abstract legal concepts and reality by reviewing legal products that are not gender-responsive and cultural practices that reinforce inequality and discriminatory regulations, patriarchal traditions, and poor access to information collectively hinder women’s economic participation. Achieving gender equality in coastal areas requires reforms in legal recognition, education, and policy implementation to ensure women’s rights as fishers are upheld, thereby advancing social justice and inclusive maritime development.
Problematics in the Implementation of Religious Court Decisions on the Execution of Child Support after Divorce Rahayu, Yunita Sri; Yul, Widiya
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.v6i2.3050

Abstract

This study examines the problems surrounding the implementation of Religious Court decisions related to the execution of child support obligations following divorce, focusing on three court rulings: Decision No. 180/Pdt.G/2025/PA.Spn, Decision No. 405/Pdt.G/2024/PA.Spn, and Decision No. 408/Pdt.G/2024/PA.Spn. The primary objective of this research is to assess the effectiveness of the implementation of these decisions in practice and to identify factors that hinder the fulfillment of children’s rights after divorce. The research employs a qualitative method with an empirical juridical approach, conducted through document analysis of decisions issued by the Sungai Penuh Religious Court, observation of the substance of the rulings, and examination of legal, economic, and social aspects influencing their implementation. The findings indicate that the execution of child support decisions continues to face significant challenges. From a legal perspective, weak enforcement mechanisms and low compliance by fathers with court decisions constitute major obstacles. Economically, disparities in fathers’ financial capacity contribute to delays or inability to fulfill child support obligations. Socially, low parental awareness following divorce often results in the neglect of children’s rights. Nevertheless, the Religious Court has undertaken efforts to enhance the effectiveness of decision implementation through mediation, the issuance of more realistic and enforceable rulings, and monitoring of compliance. This study recommends strengthening legal enforcement mechanisms, increasing public legal awareness, and developing policies that prioritize the best interests of the child in order to achieve optimal justice and child welfare after divorce.
Jurisdictional Conflict between Legal Aid Posts and General Courts in Village Internal Disputes Syah, Arni; Ramly, Amisbah; Putra, Zulfikar; Murdiansyah, Eko Bambang
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.v6i2.3052

Abstract

Studi ini mengungkapkan konflik yang terjadi antara Posbakum dan Pengadilan Umum dalam menyelesaikan penyelesaian internal di Desa Rano Jaya berdasarkan Keputusan Mahkamah Konstitusi No. 88/PUU-X/2012. Latar belakang permasalahan di belakangnya adalah batas kewenangan Posbakum yang tidak jelas sehingga memicu tumpang tindih dengan Pengadilan Umum, yang merusak kepastian hukum bagi warga desa. Penelitian ini bertujuan untuk menguji batasan menyetujui kedua lembaga tersebut melalui pendekatan yuridis normatif menggunakan metode undang-undang, kasus, dan konseptual. Temuan menunjukkan bahwa Posbakum terbatas pada peran bantuan dalam konsultasi dan perwakilan pidana ringan sesuai dengan Peraturan Mahkamah Agung No. 1 Tahun 2014, sedangkan Pengadilan Umum memiliki eksklusif atas interpretasi norma desa, pelanggaran adat, dan eksekusi aset. Kesimpulannya merekomendasikan revisi peraturan untuk harmonisasi kewenangan, standardisasi koordinasi, dan pencegahan forum belanja untuk mencapai akses keadilan yang proporsional bagi warga desa.
Alternative Dispute Resolution Through Mediation to Reduce Case Delays in Indonesian Courts Ridwan
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.v6i2.3053

Abstract

The backlog of civil cases in court is a crucial issue in the Indonesian judicial system because it causes delays in dispute resolution, increases litigation costs, and reduces public trust in judicial institutions. In response to this situation, the Supreme Court has mandated mediation as the initial stage of civil case resolution through Supreme Court Regulation No. 1 of 2016. This policy reflects efforts to reform the judicial system to make it more efficient and oriented towards peaceful resolution. This study aims to evaluate the role of mediation in reducing case backlogs and increasing the efficiency of dispute resolution. In addition, this study compares the application of mediation in the General Court and the Religious Court. The method used is normative legal research with a legislative, conceptual, and philosophical approach. The results of the study show that mediation in the General Court tends to be formalistic, so its impact on reducing cases is still limited. In contrast, mediation in the Religious Court is more effective because it uses a persuasive, cultural, and religious approach. The efficiency of mediation should be interpreted not only as procedural acceleration but also as the realization of sustainable substantive justice.
Curbing Money Politics: A Closed Proportional System For Indonesia’s 2029 Elections Isyrofah Amaliyah Achmad
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.v6i2.3055

Abstract

Abstract: General elections, especially in the case of closed legislative elections, are a balanced representation system in which voters can only vote for political parties as a whole and cannot elect candidates (legislative candidates) who have been prepared directly by political parties, so voters cannot vote directly for the candidates. By law, voters can only vote for political parties participating in elections. The closed electoral system was used to implement elections in Indonesia, beginning with the New Order Election in 1955 and continuing until the 1999 Election. In the upcoming 2029 election year, it will likely use a closed proportional system by adjusting the provisions stipulated in Law Number 7 of 2017. The determination of regions' elections is part of the annex in the Election Law, so this becomes significant because the electoral district is regulated as a mandate in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which requires guarantees of legal certainty regarding matters regulated by law because of the role of the KPU, legislative candidates, political parties, and society. Implementing elections with a closed proportional system aims to prevent the occurrence of money politics because voters only need to choose the image of a political party on the election paper, and it will have a direct impact on each electoral district. Keyword: Democracy, Closed Proportional System, Money Politics, Electoral District, Effective Rule of Law.
Analysis of Slaughterhouses' Legal Awareness of Halal Certification Standards from the Perspective of Law Number 33 of 2014 Concerning Halal Product Assurance in Binjai City Amanda Pramudita; Muhammad Nur Iqbal
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.v6i2.3058

Abstract

With the advancement of science and technology today, there are new concerns about product quality in terms of halal certification. For example, the ethics of chicken slaughter are often questioned and doubted along with various slaughtering methods, resulting in various slaughter models. Some are done traditionally, and others are made with machines. However, many people are unaware of the standards of animal slaughter and processing, and not many people are aware of the importance of obtaining halal certification. The purpose of this study is to determine how to analyze the legal awareness of slaughterhouses in Binjai City regarding halal certification standards from the perspective of Law No. 33 of 2014 concerning Halal Product Assurance. To determine efforts that can be made to increase legal awareness of slaughterhouse managers regarding the obligation of halal certification in Binjai City. The research method used a qualitative approach with field research. Data were collected through observation, interviews, and documentation with slaughterhouse operators and related parties. Then, descriptive analysis was carried out with reference to the theory of legal compliance and halal certification regulations in Indonesia. The results of this study indicate that. The level of legal understanding of slaughterhouse operators in Binjai City regarding the obligation to obtain halal certification based on the Perspective of Law Number 33 of 2014 concerning Halal Product Assurance is still low. This is evident from the fact that, although legal knowledge about halal certification is quite high, they do not understand the regulations related to halal certification, resulting in their inability to understand it properly. Efforts to improve compliance of slaughterhouse operators in Binjai City with halal certification are carried out through scheduled socialization and training, systematic data collection, technical assistance, and the development of a digital monitoring system. The active role of the local government as a facilitator and coordinator with the certification body is very important, accompanied by regular monitoring. This integrated approach encourages slaughterhouse operators to comply, increases consumer trust, and product competitiveness in local and national markets.

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