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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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Application of Essential Facilities Doctrine to Data and Algorithm Access As An Enforcement Instrument for Article 25 of Law No. 5 Of 1999 in The Digital Economy Dian Aryani Kusady
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.v6i2.3059

Abstract

Dominant digital platforms in Indonesia control strategic assets in the form of massive user data and search/recommendation algorithms that serve as market access gateways. Exclusive control over these assets creates barriers to entry and forecloses competitors in the digital ecosystem. The Essential Facilities Doctrine (EFD), traditionally applied to physical infrastructure such as ports and telecommunications networks, offers a legal framework for identifying when control over digital assets can be qualified as abuse of dominance requiring access sharing with competitors. This article doctrinally examines whether and how EFD can be applied to non-personal data and algorithms under Article 25 of Law No. 5 of 1999, and explores synchronization with Law No. 27 of 2022 on Personal Data Protection, particularly regarding data portability. The research employs a library-based approach with doctrinal-normative analysis of Law No. 5/1999 and the Data Protection Law, conceptual analysis to develop criteria for "digital essential facilities," and comparative doctrinal analysis of EFD application in the European Union and United States. Findings demonstrate that data and algorithms can be qualified as essential facilities if they cumulatively meet four criteria: (1) controlled by a dominant undertaking; (2) cannot be economically and technically duplicated; (3) access is essential for competing in downstream markets; and (4) no objective justification exists for refusing access. The article recommends that KPPU develop specific guidelines on data and algorithm access, considering efficiency defense, intellectual property rights, and privacy protection. The proposed framework balances competition enforcement with innovation incentives and clarifies when data-sharing obligations arise under Indonesian competition law without requiring legislative amendment.
International Standards In Green Bond Regulation: A Comparative Study of Indonesia and The Philippines Pranata, Dendy Erdi; Endarto, Budi
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.v6i2.3062

Abstract

The integration of international legal principles and standards into Indonesian regulations has expanded significantly, particularly within the field of contemporary law. A notable area of development is the regulation of green bonds as a sustainable financing instrument in Indonesia, which is guided by principles formulated by the International Capital Market Association (ICMA) and standards established by the ASEAN Capital Market Forum (ACMF). This study examines how legal frameworks and the legal justification for adopting international standards are applied to green bond regulation in Indonesia and the Philippines. The research adopts a normative legal approach, employing statutory, conceptual, and comparative methods. Its objective is to identify the applicable regulations and to analyze the rationale underlying the incorporation of international principles and standards in green bond governance in both countries. The findings reveal that green bond regulation in Indonesia under POJK 18/2023 and in the Philippines under SEC Memorandum Circular No. 12, Series of 2018, represents a harmonization of ICMA’s Social Bond Principles with the ASEAN Social Bonds Standards. From an international law perspective, the use of ACMF standards is grounded in the Vienna Convention on the Law of Treaties 1986, reflecting a theoretical inclination toward universalist protectionism.
Legitimacy of Determination of Indigenous Papuan People Between The Papuan People's Assembly and The Papua Customary Council Howay, Rein Ario
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.v6i2.3065

Abstract

The determination of Indigenous Papuans (Orang Asli Papua/OAP) within the Special Autonomy regime raises issues of institutional legitimacy between the Papuan People’s Assembly (MRP) and the Papuan Customary Council (DAP). Law Number 2 of 2021 defines OAP as individuals of Melanesian descent and/or those recognized by Papuan customary communities. This formulation creates a dual legitimacy framework, consisting of normative-legal legitimacy and customary legitimacy. This study aims to analyze the legal basis of authority in determining OAP status and the institutional relationship between MRP and DAP from a constitutional law perspective.This research employs normative legal research using statutory and conceptual approaches. Primary legal materials include Law Number 2 of 2021 and Government Regulation Number 106 of 2021, supported by doctrinal theories on legitimacy and authority. The analysis is conducted qualitatively through systematic and teleological interpretation.The findings indicate that MRP possesses legal-rational legitimacy derived from statutory attribution, while DAP holds traditional legitimacy rooted in constitutional recognition of customary law communities. This dual legitimacy may generate legal uncertainty if not clearly regulated. Therefore, an integrative regulatory model through a Special Regional Regulation is necessary, positioning DAP as a cultural verifier and MRP as the formal administrative authority in determining OAP status.
Dynamics of Syiqaq and Divorce in Border Regions: A Socio-Legal Analysis at the Nunukan Religious Court Asiah, Nur; Muhibbin, Moh; Masruchah, Siti
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.v6i2.3068

Abstract

National border regions constitute liminal spaces where social norms and morality are contested. This article analyzes the dynamics of syiqaq (persistent marital disputes) and divorce in Nunukan Regency, North Kalimantan, a border area experiencing the erosion of family resilience due to digital transformation. This study aims to explore the shifting causality of divorce, judicial discretion in interpreting syiqaq, and the effectiveness of mediation. Employing a qualitative socio-legal approach within a post-positivist paradigm, the study integrates analysis of court verdicts from 2022-2024 with in-depth interviews with judges, mediators, and litigants. Data were analyzed using the Miles and Huberman interactive model with source triangulation. Findings reveal a fundamental shift in divorce causality from economic factors toward the dominance of a digital morality crisis, particularly online gambling and social media-facilitated infidelity. Judges exercised progressive ijtihad by expanding the interpretation of syiqaq to accommodate new social pathologies, validated through SEMA No. 3 of 2023. However, mediation proved systemically ineffective in morally driven cases due to formalistic approaches that fail to address psychological trauma. It is concluded that family resilience in border areas requires a comprehensive revitalization of social ethics beyond formal legal intervention.
Efforts to Resolve Agricultural Land Ownership in Absentee Cases in Blitar Regency Adam, Ferry; Al-Anshori, Huzaimah; Manfaluthi, Agus
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.v6i2.3070

Abstract

This study aims to analyze agricultural land ownership in absentee cases, which constitutes one of the agrarian issues potentially hindering increased productivity and farmers’ welfare. Absentee practices still occur in Blitar Regency. The academic problems addressed in this study are: 1) How are efforts to resolve absentee agricultural land ownership carried out by the government and related agencies in Blitar Regency? 2) What obstacles are encountered in the efforts to resolve absentee agricultural land ownership in Blitar Regency? The research employs a normative sociological approach, with data obtained through both fieldwork and literature studies, including primary and secondary sources. Data collection techniques include interviews, literature review, and document analysis. This study used descriptive qualitative analysis. This study showed two results. The first efforts to resolve the issue include land data inventory, administration of ownership transfer regulation, legal socialization, and land redistribution under the agrarian reform program. Legal prohibitions have been stipulated in Law No. 5 of 1960 concerning the Basic Agrarian Principles and clarified through Government Regulation No. 224 of 1961 in conjunction with Government Regulation No. 4 of 1977. The contributing factors include urbanization, the inheritance of land by heirs residing at a distance, and changes in the occupations of landowners. The second, obstacles such as limited data, suboptimal inter-agency coordination, and low public legal awareness still impede effective handling. Therefore, it is essential to strengthen administrative regulations, enhance inter-agency coordination, and ensure consistent law enforcement to achieve agrarian justice in Blitar Regency.
Implementation of the Duties and Functions of the Intelligence and Security Directorate (Intelkam) of the Central Kalimantan Regional Police in Handling Narcotics Crimes as Transnational Crimes and Their Prevention Efforts Jehoshapat, Hansel Gavra
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3044

Abstract

Narcotics crime is a global problem that requires a multidimensional approach, considering its characteristics as transnational crimes that cross national borders. The modernization of technology and the development of information flows further complicate the handling of these crimes, with the emergence of increasingly sophisticated modus operandi and a wide network of organizations. Indonesia, especially Central Kalimantan, faces major challenges in addressing illicit narcotics trafficking that threatens public health and social stability. The role of the Directorate of Security Intelligence of the Central Kalimantan Regional Police is very crucial in efforts to prevent and handle cross-border narcotics crimes, considering that this area is a transit route that is prone to narcotics syndicate activities. This study aims to analyze the implementation of the duties and functions of the Central Kalimantan Police Intelligence Directorate in tackling narcotics crimes as transnational crimes, focusing on the effectiveness of inter-agency coordination, the use of intelligence technology, as well as challenges and opportunities in optimizing the role of Intelkam. This study uses a normative approach to understand the dynamics of cross-border narcotics crimes, as well as state efforts to overcome them. The results of the study are expected to provide insight into strategies in overcoming the threat of narcotics trafficking, as well as the importance of inter-agency collaboration in handling cross-border crime in Indonesia.
Implementation of Administrative Sanctions for Violations of the Prohibition on Giving Money and Goods to Vagrants and Beggars in the Special Region of Yogyakarta Muhammad Yusrizal; Lego Karjoko
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3073

Abstract

This study aims to analyze the application of administrative sanctions in law enforcement against violations of the prohibition on giving money and goods to homeless people and beggars in the Special Region of Yogyakarta from the perspective of state administrative law. This study uses a normative legal research method (juridical normative) with a statutory approach and a conceptual approach. The results of the study indicate that the application of administrative sanctions against violations of the prohibition on giving money and goods is an instrument of social control that falls under the authority of the regional government as a form of government coercion (bestuursdwang). The applied administrative sanctions, such as verbal warnings, written warnings, and other administrative actions, aim to foster public legal compliance and support the effectiveness of social development and rehabilitation programs. However, the effectiveness of the implementation of these sanctions still faces various obstacles, including low public legal awareness, strong social empathy values ​​that encourage violations, limited apparatus resources, and weak coordination between related agencies. In addition, the validity of administrative actions is highly dependent on the apparatus' compliance with the General Principles of Good Governance (AUPB), especially the principles of legal certainty, proportionality, and accuracy.
The Influence of Leadership and Work Environment on Employee Work Morale at the East Kutai Regional Secretariat Udau, Sovia; Prakoso, Cathas Teguh; Rande, Santi
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3078

Abstract

This study adopts an explanatory design aimed at examining how leadership and workplace conditions affect outcomes on employee morale at the Regional Secretariat of East Kutai Regency. This study analyzes the Independent variable of leadership (X1) with indicators of Guiding, Building and motivating, Driving the organization, Establishing good communication. The work environment variable (X2) with indicators of Facilities and Infrastructure, Work Relations, Tranquility, Lighting and Cleanliness and the Dependent variable of Work Morale (Y) with indicators of absenteeism, cooperation, job satisfaction and discipline. Data analysis used is Data were analyzed through association testing, explanatory power assessment, and linear modeling via SEM-PLS morale with a p value of 0.000 <0.05, T statistic 10.486 > 1.96 and a positive path coefficient of 0.576. The direction of the positive influence indicates that the better the leadership, the better the employee's work morale will be. And workplace conditions significantly affect employee enthusiasm as indicated by statistical testing of 0.000 <0.05, T statistic 7.640 > 1.96 and a positive path coefficient of 0.450. The direction of this positive influence indicates improvements in workplace quality lead to higher employee motivation.
Online Hospital Medical Dispute Resolution Model To Create Fairness Hawreyvian Rianda Seputra; Dewi Iryani; Gradios Nyoman Tio Rae
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3084

Abstract

This study aims to analyze the arrangement and implementation of online medical dispute resolution in hospitals to ensure legal certainty, as well as formulate an ideal form of the resolution model to realize justice in the future. The research method used is normative juridical with a qualitative approach through a statute approach to health regulations and electronic transactions. Legal materials were collected through literature studies at the National Library and analyzed descriptively analytically to answer the complexity of medical disputes in the digital ecosystem. The arrangement for online medical dispute resolution currently still relies on Law Number 17 of 2023 concerning Health, which requires non-litigation mediation as a first step, as well as the ITE Law as the basis for the validity of electronic documents. Implementation in hospitals is still fragmentary through medical committees or internal complaint units that are limited to simple online communication, but do not yet have special regulations for Online Dispute Resolution (ODR) outside the courts that comprehensively regulate mediator standards and data security. The condition of the absence of a standard standard creates legal uncertainty, especially regarding the strength of execution of the results of online mediation agreements. The ideal model of the future requires an integrated ODR platform that includes video mediation features, encrypted medical records, as well as the involvement of a certified neutral mediator who understands health law and professional ethics. This system prioritizes the principle of restorative justice to restore the therapeutic relationship between patients and medical personnel through a transparent, efficient, and accountable process.
Juridical Analysis of the Legal Liability of Human Smuggling Perpetrators According to Law Number 6 Of 2011 Concerning Immigration (Case Study: Decision Number 684/Pid.Sus/2025/PN Mdn) Siboro, Rini Oktavia; Simamora, Janpatar; Situmorang, Samuel F.B
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3085

Abstract

Human smuggling is an immigration-related criminal offense that has serious impacts on state sovereignty and legal order. Although it has been explicitly regulated in Law Number 6 of 2011 concerning Immigration, the enforcement of this law still faces various challenges, particularly regarding the legal liability of perpetrators and judicial considerations in assessing the fulfillment of criminal elements, especially when the perpetrator is an Indonesian citizen. This research aims to analyze the legal liability of perpetrators who transport people across national borders without using valid travel documents and to examine the legal basis of judicial considerations in Decision Number 684/Pid.Sus/2025/PN Mdn. The method used in this research is normative legal research with statutory and case approaches. The results of this study indicate that legal liability can be imposed if all elements of Article 120 paragraph (1) of the Immigration Law are fulfilled, including the element of intent and the act of transporting people across national borders illegally. Judicial considerations are based on the proof of intent, the active role of the perpetrator, and the commission of acts outside the immigration inspection mechanism, so that the decision reflects efforts to protect state sovereignty and prevent human smuggling.

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