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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 Analysis of the Responsibility of Expedition Companies X to Service Users Goods that are Damaged or Lost During Stacking in the Stacking Field Richa Yohana Rusli Siahaan; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 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.v5i2.1278

Abstract

Sea transportation plays a very important role in international trade as one of the main components in the process of distributing goods. Nonetheless, the losses incurred in sea transportation activities are often greater than the losses caused by the transportation process itself, such as damage, shortages, and loss of goods that can occur during the process of unloading goods at the port by freight forwarding companies by sea. This study aims to analyze the limits of obligations and legal relationships between freight forwarding companies, carriers, and sea freight forwarding companies in the context of sea transportation activities. Using a normative legal research methodology, this study utilizes legal resources that include relevant laws and regulations as well as applicable court decisions, with a legislative approach and a case approach. The results of this study show that, first, the limitation on the responsibility of the expedition company regulated in Article 87 of the Commercial Code (KUHD), as well as the limitation of the carrier's liability regulated in Article 40 and Article 41 of Law Number 17 of 2008 concerning Shipping, unlawful acts under Article 1365 of the Civil Code, and the responsibility of the sea transportation expedition company in terms of providing convenience, licensing, supervision, and the implementation of order in sea transportation activities, as stipulated in Cassation Decision Number 2665 K/Pdt/2022 which corroborates the decision of the Medan District Court in case Number 728/Pdt.G/2016/PN.Mdn, is in accordance with and includes legal objectives which include legal certainty, justice, and benefits for all parties involved.
Implementation of the Principles of Legal Certainty and the Principles of Justice towards Tax Amnesty II Policy on Voluntary Tax Disclosure Ahmad Zumar Syafiq; Suparnyo
Journal of Law, Politic and Humanities Vol. 5 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.v5i2.1309

Abstract

This research is motivated by the existence of a voluntary tax disclosure policy that creates a gap that is considered unfair between individual taxpayers who are compliant and less compliant. Of course, this has an impact on discrimination and bias between one party for taxpayers. The purpose of this study is to determine the implementation of the principle of legal certainty and the principle of justice for individual taxpayers who participate in the voluntary disclosure programme at the Kudus Regency Tax Office. The research approach is non-doctrinal (socio-legal approach). The data used comes from interviews and documentation. The data is presented in the form of analytical descriptions. The results of the study indicate that the Tax Amnesty policy related to the Voluntary Tax Disclosure Program that has been held at the Kudus Regency Tax Office if analyzed using Hans Kelsen's theory in terms of legal certainty is appropriate, while the analysis of the aspect of justice in the theory of John Rawls and Gustaf Radbrch there is injustice for taxpayers and can cause discrimination. This article contributes to a deeper understanding of the voluntary disclosure programme by exploring the views of taxpayers from the perspective of taxpayers and analysing the implementation of the voluntary disclosure programme.
Domestic Violence by a Husband Against His Wife (Case Study of Decision Number 270/Pid.Sus/2022/PN Bnj) Karolus Kanefo Lafau; July Esther; Hisar Siregar
Journal of Law, Politic and Humanities Vol. 5 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.v5i2.1319

Abstract

Currently, women are the main victims of domestic violence throughout Indonesia. Domestic violence generally refers to acts such as verbal abuse, physical violence, coercion, and threats. Domestic violence has always been a concern in various sectors. Although considered very dangerous by the government, this crime continues to be committed in the general public. Domestic violence, especially the brutality of men against their wives, not only causes real torture, but also mental suffering. Therefore, victims of domestic violence must receive maximum legal protection. Basically, marriage is something sacred in society. Because of the bond of marriage between a man and a woman, the marriage is legally binding in the form of the rights and responsibilities of the husband towards his wife, and the obligations of the wife towards her husband. According to Law Number 1 of 1974 Article 1 concerning Marriage, marriage is a physical and spiritual union between a man and a woman as husband and wife with the aim of realizing a happy and eternal family based on faith in God Almighty. Domestic violence is any act that causes misfortune or physical, sexual, or mental suffering to a person, especially women. The regulation of domestic violence is regulated in Law Number 23 concerning the Elimination of Domestic Violence.
Analysis Dissenting Opinion and Concurring Opinion in Decision MK No.90/PUU-XXI/2023 Perspective Siyasah Qadhaiyyah Muhammad Farhan; Khalid
Journal of Law, Politic and Humanities Vol. 5 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.v5i2.1335

Abstract

In the Constitutional Court Decision NO. 90/PUU-XXI/2023, which discusses the age limit for presidential and vice-presidential candidates, there are several discrepancies in the trial process. This is due to two constitutional judges presenting different arguments but reaching the same conclusion (Concurring Opinion) and four constitutional judges expressing differing opinions (Dissenting Opinion). There is an anomaly where the two judges with Concurring Opinions should be more appropriately categorized under Dissenting Opinions. If we examine the reasoning of the two judges with Concurring Opinions, it can be assessed that their arguments lean more towards the Dissenting Opinion, but their opinions shifted to the part that granted the request. The problem formulation to be discussed includes, first, how to analyze the Dissenting Opinion and Concurring Opinion of the judges in the Constitutional Court Decision No. 90/PUU-XXI/2023, which reflects differing views among the judges regarding the substance of the case examined, and second, how to view and interpret the Constitutional Court Decision No. 90/PUU-XXI/2023 regarding the judges' opinions in the trial from the perspective of Siyasah Qadhaiyyah, such as the principles of public policy in Islam that are oriented towards the welfare of the community.
The Impact of Parliamentary Threshold on Non-Parliamentary Parties in the 2024 General Election from the Perspective of Fiqh Siyasah Rinaldi Gunawan; Syaddan Dintara Lubis
Journal of Law, Politic and Humanities Vol. 5 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.v5i2.1537

Abstract

This study examines the impact of the parliamentary threshold on non-parliamentary parties in the 2024 General Election through the lens of fiqh siyasah, an Islamic legal perspective on politics and governance. The study explores how the threshold policy affects the political participation, electoral strategy, and sustainability of non-parliamentary parties in Indonesia. Using a qualitative descriptive approach, data were collected through in-depth interviews with political figures, content analysis of policy documents, and direct observations of campaign activities. The findings reveal that the parliamentary threshold poses significant challenges for non-parliamentary parties, limiting their representation and political influence. However, from the perspective of fiqh siyasah, these parties adopt strategic measures such as coalition-building, grassroots mobilization, and issue-based campaigns to remain politically relevant. The study concludes that the parliamentary threshold, while intended to stabilize governance, also raises concerns regarding political inclusivity and representation. In the framework of fiqh siyasah, an equitable political system should ensure fair opportunities for all political entities to contribute to democratic governance and public welfare
Legal Protection and the Role of the State in Online Lending and Online Arisan Tirtakusuma, Andreas Eno
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.v6i3.2965

Abstract

In the contemporary world, economic activities have increasingly transformed into electronic transactions. The use of electronic technology in money-lending activities and arisan has shifted practices that were previously conducted face to face into more practical online formats. Electronic technology has significantly accelerated and simplified these processes. Online lending and online arisan have emerged as two phenomena that are becoming increasingly prevalent, particularly as the intensive use of digital devices has led to a high level of dependency within society. Technological developments have facilitated rapid access to cash through online platforms, while online arisan arrangements have made the organization of arisan activities considerably easier. Both phenomena generate substantial social and economic impacts; however, they also give rise to various challenges related to security and regulation. Further research is therefore required to understand the legal relationships and the resolution of legal consequences arising from the implementation of online lending and online arisan, as, in practice, online lending has frequently resulted in debtors becoming financially distressed and unable to meet their repayment obligations, while many arisan participants have been trapped in fraudulent arisan schemes. The issues examined in this study concern how online lending (pinjol) and online arisan (arisol) operate as economic activities within society, how they are regulated, and how state protection is provided in practice in relation to these activities. These issues are examined through normative legal research employing a statutory approach and a case approach, grounded in theories of obligations and legal protection. Ultimately, this study concludes that there is a need to provide guarantees for debtors and arisan participants, which may take the form of a dedicated protection institution or a mandatory insurance mechanism.
Criminalization of Corporate Business Policy as a Corruption Crime: Study of ASDP Case Ira Puspadewi (Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst) Pongkor, Dionysius Yasmin
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.v6i3.3077

Abstract

This study analyzes the criminalization of corporate business policy in the corruption case involving Ira Puspadewi, President Director of PT ASDP Indonesia Ferry, as adjudicated in Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst. Employing a normative juridical method with conceptual and case approaches, the research examines the tension between formal legal certainty and substantive justice in the application of Articles 2 and 3 of the Indonesian Anti-Corruption Law. The findings reveal that the court predominantly relied on a formalistic interpretation emphasizing the fulfillment of statutory elements, particularly unlawful conduct and state financial loss, despite the absence of proven mens rea or personal enrichment. The dissenting opinion invoked the Business Judgment Rule, highlighting the necessity of distinguishing managerial risk from criminal misconduct. The study concludes that excessive formalism risks overcriminalizing corporate discretion and underscores the need for a proportional, context-sensitive enforcement paradigm.
Criminal Sentencing of Doctors as Perpetrators of Sexual Violence Against Patients from the Perspective of the Objectives of Punishment Pratiwi Dwi Saputri; Hafrida; Herry Liyus
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.v6i3.3096

Abstract

Sexual violence committed by doctors against patients constitutes a serious criminal offense that not only violates criminal law provisions but also undermines human values, professional ethics, and public trust in healthcare services. The unequal power relations between doctors and patients place victims in a vulnerable position, thus requiring a fair, firm, and victim-oriented sentencing system. This research aims to analyze the legal regulation and application of criminal sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system, as well as to formulate ideal sentencing policies for the future. The research problems are formulated as follows: (1) how are the legal regulations and implementation of sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system; and (2) how should future sentencing policies for such crimes be developed from the perspective of Indonesian criminal law. This study employs normative legal research methods using statutory, conceptual, and case approaches, particularly through the analysis of Decision of the Palembang District Court Number 919/Pid.B/2024/PN Plg. The data are analyzed qualitatively using descriptive-analytical methods. The results of this study indicate that, normatively, the legal framework governing sentencing for sexual violence has been established in the Criminal Code (KUHP), Law Number 12 of 2022 concerning Sexual Violence Crimes, and other relevant regulations. However, in practice, the implementation of sentencing still faces various obstacles, particularly in terms of evidentiary challenges, unequal power relations between doctors and patients, and victims' reluctance to report due to social stigma and psychological pressure. Furthermore, the sentence imposed in court decisions has not fully reflected substantive justice, as it has not thoroughly considered the psychological impact and long-term trauma experienced by victims. Based on these findings, it is recommended that legal regulations be strengthened, particularly regarding sentencing enhancements for perpetrators from certain professions, improvement of evidentiary mechanisms, and integration of criminal sanctions with administrative and professional ethical sanctions. Accordingly, the sentencing system is expected to provide maximum protection for victims, create a deterrent.
Mechanism for Spatial Utilization Activity Compliance in Mining Business Licensing and Its Implications for Environmental Preservation Ra’uf, Ardi Sirajudin; Imamulhadi; Adharani, Yulinda
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.v6i3.3031

Abstract

Indonesia's abundant natural resources, including the mining sector which contributes significantly to the country's economy, must be utilized carefully to preserve the environment. One of the main requirements for obtaining a business license is the Spatial Utilization Conformity Instrument (KKPR). The KKPR ensures that all business activities, including mining, can only be carried out in areas that are legally, ecologically, and spatially declared through digital verification of the RTRW and RDTR in the OSS system. This study aims to analyze the mechanism of spatial utilization activity compliance in mining business permits. This study uses a normative juridical approach, examining the rules, principles, and norms of positive law related to environmental preservation and the Mechanism of Spatial Utilization Activity Compliance (KKPR) in mining business licensing. Based on the results of the study, the KKPR mechanism in mining business permits is normatively designed as a spatial planning-based preventive instrument, but after the Job Creation Law, it tends to shift to an administrative instrument that depends on OSS and the availability of RDTR, thereby weakening its substantive control function. Furthermore, the implications of KKPR for environmental conservation have not been effective because assessments often ignore the carrying capacity and capacity of the environment, as reflected in the cases of mining on Sangihe Island and Trenggalek.
Formation of Laws Based on The Omnibus Method that Meet Standards of Meaningful Participation Marsudi Dedi Putra; Heristiawan Aryo Wirotomo
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.v6i3.3069

Abstract

The formation of laws based on the omnibus method attempts to combine various themes in one law and accelerate the legislative process, but has the potential to reduce the quality of participation. Using a legislative approach, comparative studies, and conceptual, this article analyzes how the concept and practice of community participation and what standards are used as benchmarks for meaningful participation in the formation of laws based on the omnibus method. As a result, a country that adheres to the concept of people's sovereignty must fulfill the principle of openness with community participation as its main pillar. Omnibus as a method in the formation of laws often reaps controversy because it does not provide sufficient public access and participation space for the community. The active involvement of the community and stakeholders or related parties affected to provide input and suggestions through a public consultation mechanism at the stages of submitting draft laws, discussions and joint approvals is a standard of meaningful participation that must be met in the formation of laws based on the omnibus method.

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