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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 Certainty Regarding Tax Payment Obligations On Shares In Tax Court Decision Number PUT-002784.25/2019/PP/M.XB Nurzamzany, Aditya Bangkit; Suprapti, Endang
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.v6i3.3071

Abstract

A Limited Liability Company (Perseroan Terbatas or PT) is a legal entity that plays an important role in economic activities, including share ownership arrangements that may involve nominee mechanisms. The use of nominees gives rise to legal and tax issues, particularly in determining the party who is actually responsible for tax obligations, namely between the formal shareholder and the party who substantively enjoys the economic benefits (beneficial owner). The distinction between formal and substantive ownership may result in tax disputes and legal uncertainty, as reflected in Tax Court Decision Number PUT-002784.25/2019/PP/M.XB concerning an Income Tax dispute related to share ownership, in which the tax authority imposed tax liability based on formal ownership, while the appellant denied being the party that received the economic benefits. This study employs a normative juridical method using statutory, doctrinal, and case law approaches. The results indicate that the determination of tax liability must be based on the principle of substance over form by prioritizing economic substance over formal legal structure. The Tax Court’s decision underscores the importance of proving substantive ownership in determining tax obligations and the necessity of clear regulations on nominee arrangements and beneficial ownership to ensure legal certainty, transparency, and tax compliance.
Legal Implications of The Rejection of The Annual Report of PT Asuransi Jiwasraya (Persero) By Shareholders on The Protection of Customers' Rights to Claims Due Wibowo, Arif Pratomo Yekti; Sufiarina, Sufiarina
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.v6i3.3072

Abstract

This study aims to analyze the legal implications of the rejection of PT Asuransi Jiwasraya (Persero)'s annual report by shareholders on the protection of customers' rights to due claims. The rejection of the annual report indicates serious problems in corporate governance, including indications of manipulation of financial statements, violations of Good Corporate Governance principles, and the company's inability to fulfill contractual obligations to customers. The research method uses normative and empirical juridical approaches with analytical descriptive specifications, through the analysis of laws and regulations, legal literature, and related documents. The results show that the rejection of the annual report does not remove the company's obligation to pay customer claims, and the directors and commissioners can still be held legally liable. The customer as a creditor has the right to legal protection through a default lawsuit and other legal mechanisms. This research emphasizes the importance of strengthening effective supervision, accountability, and legal protection for customers in the Indonesian insurance industry to ensure legal certainty and public trust.
The Effectiveness of Elektronic Hearings on Civil Case Proceedings at the Tanjung Karang District Court Risky Widodo, Risky Widodo; Nadia Resky, Nadia Resky; Eka Antonia Saputri, Eka Antonia Saputri; Sri Zanariyah, Sri Zanariyah
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.v6i3.3081

Abstract

The implementation of electronic trials in civil cases is part of the judicial modernization agenda that aims to realize the principles of simple, fast, and low-cost justice. This study analyzes the effectiveness of electronic trials on civil case proceedings at the Tanjung Karang District Court from the perspective of civil procedural law. The research method used is normative-empirical legal research with a legislative, conceptual, and case approach. Data was obtained through literature study and field research in the form of interviews and observations of electronic trial practices. The results of the study show that the implementation of e-court and e-litigation at the Tanjung Karang District Court has normatively supported the realization of case administration efficiency, particularly at the registration and response stages. However, this effectiveness is not yet fully uniform, especially in terms of access to justice for those seeking justice who have limited digital literacy and are not accompanied by legal counsel. In addition, the evidence stage remains a crucial issue due to doubts about the authenticity and strength of electronic evidence, which in practice often requires verification of physical documents. This study concludes that the effectiveness of electronic trials is not only determined by the availability of regulations and technology, but also by the readiness of human resources, the legal culture of society, and the active role of judges in maintaining procedural justice. Therefore, strengthening digital literacy, legal assistance, and improving the legal framework for evidence are important prerequisites for optimizing electronic trials in civil cases
Veiled Hegemony: China’s Influence in BRICS through the Belt and Road Muji , Benedictus Halleyando; Windiani, Reni
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.v6i3.3087

Abstract

This study analyzes China’s strategic use of the association of Brazil, Russia, India, China, and South Africa as an institutional platform to advance the Belt and Road Initiative and strengthen its influence in global governance. The research aims to explain how China consolidates hegemonic leadership through institutional mechanisms within the grouping. Using Antonio Gramsci’s theory of hegemony, the study conceptualizes dominance as operating through material power and ideological leadership. The research employs qualitative methods based on documentary analysis of official reports, summit declarations, and relevant literature. The findings identify three interconnected mechanisms. First, China promotes narratives of multipolarity and South–South cooperation to construct ideological leadership. Second, China institutionalizes its agenda through the New Development Bank, where infrastructure financing aligns with connectivity objectives of the Belt and Road Initiative. Third, China’s dominant economic position within the grouping generates structural dependencies that influence member states’ policy autonomy. The study concludes that this institutional synergy reconfigures, rather than eliminates, hegemonic structures in global governance through consensual arrangements.
Strategic Intelligence Analysis on the Urgency of Establishing a Cyber Force in Indonesia Suwandi, Suwandi; Suhardi, Suhardi; Prasetiyono, Budi; Surjatmodjo, Dwi; Legowo, Yanuar Adi
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.v6i3.3093

Abstract

This article examines the urgency of establishing an Indonesian Cyber Force from a strategic intelligence perspective. Cyber threats against national strategic infrastructure continue to escalate, as reflected in billions of detected cyber traffic anomalies in 2025 and the hacking of the Temporary National Data Center (PDNS) in 2024. This study aims to analyze the institutional, regulatory, and cyber defense capacity gaps Indonesia faces amid increasingly asymmetric and difficult-to-attribute threats. A descriptive-analytical qualitative method with a normative-empirical orientation was applied through policy document analysis, statutory review, and in-depth interviews with expert informants in intelligence, defense, and cybersecurity. The results indicate a strategic gap between the escalation of multidimensional cyber threats and the current institutional readiness of Indonesia's defense. The study concludes that establishing a Cyber Force is a logical consequence of the shifting non-conventional threat paradigm. The primary recommendation is a phased approach starting from the consolidation of a unified cyber command to the evolution into an independent fourth branch within the Indonesian National Armed Forces to ensure digital sovereignty and adaptive national resilience.
Legal Responsibility of Public Officials For The Use of Discretion In Government Implementation That Has The Potential to Lead to Corruption, As Seen From A Progressive Law Perspective I Komang Angga Adi Setiawan; Ni Ketut Sari Adnyani
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.v6i3.3098

Abstract

This research is conducted with the objectives of (1) understanding and analyzing the The use of discretion by public officials in the administration of government often raises legal issues when such policies have the potential to cause state losses and are associated with criminal acts of corruption. This study aims to analyze the legal regulations and forms of accountability of public officials in the use of discretion that may result in state losses, as well as to examine the elements of state losses and the relevance of progressive law in assessing the use of such discretion. This research is normative legal research with statutory, conceptual, and case approaches. Research results indicate that discretion is a legitimate authority under the Government Administration Law; however, its use is limited by the general principles of good governance and statutory regulations. The accountability of public officials can entail both official responsibility and personal liability, particularly when discretion is exercised through abuse of power that results in actual state losses, as defined under corruption criminal law. In this context, progressive law provides an evaluative perspective by emphasizing the importance of considering good faith, the purpose of public interest, and social utility, so that the assessment of discretion is not solely based on formal consequences but also on the substance of justice and societal welfare.
The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia Sibarani, Sinintha Yuliansih; Lazuardhany, Mutia
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.v6i3.3100

Abstract

The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia discusses the phenomenon of increasing sexual violence cases, which highlights the urgency of strengthening the criminal justice system. This research aims to analyze the legal basis, objectives, and implementation of chemical castration within Indonesia’s criminal law system. The research method employed is normative juridical, using statutory and conceptual approaches through the analysis of legislation, court decisions, and academic literature. The findings indicate that chemical castration is regulated under Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional punishment for perpetrators of sexual violence against children. Its application is based on the combined theory of punishment, which emphasizes aspects of retribution, deterrence, and rehabilitation. In conclusion, although chemical castration possesses legal legitimacy and preventive objectives, its implementation still faces ethical, medical, and constitutional challenges that must be addressed to ensure its effective enforcement.
Validity and Legal Consequences of Peace Agreements in The Settlement of Sexual Harassment Cases Rahayu, Hartoto Suci; Markoni; Dyah Permata Budi Asri; I Made Kanthika; Tuti Elawati
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.v6i3.3102

Abstract

The settlement of sexual harassment cases through peace agreements based on contracts remains a practice commonly found in society. This practice raises complex legal issues as it lies at the intersection of civil law and criminal law. On one hand, civil law recognizes contracts as legally binding instruments provided that the legal requirements of validity are fulfilled. On the other hand, sexual harassment constitutes a criminal offense, meaning that its resolution cannot rely solely on the agreement of the parties involved. This study aims to analyze the settlement of sexual harassment cases through contractual peace agreements from the perspectives of civil law and criminal law. The research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary and secondary sources, which are analyzed qualitatively. The findings indicate that peace agreements in sexual harassment cases may be considered legally valid only if they fulfill the legal requirements of a contract, particularly the existence of free consent and a lawful cause. From a criminal law perspective, a peace agreement between the perpetrator and the victim does not eliminate the unlawful nature of sexual harassment, as such acts involve public legal interests protected by the state. Therefore, peace agreements may only operate within the civil law domain and cannot be used as a basis to negate criminal law enforcement processes.
Reformulation of Competition Law Policy From The Perspective of The Implementation of The Green Economy Sadikin, Nurma Candra Yani; Silalahi, Udin; Sihombing, Jonker
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.v6i3.3107

Abstract

The necessity to balance economic interests and environmental protection calls for reform in multiple policy frameworks, including legal instruments that regulate business interactions in the market. This research is qualitative in nature, chosen to explore in depth the relationship between competition law and the implementation of a green economy in Indonesia, by analyzing legal documents, regulations, KPPU decisions, academic literature, and best practices in other jurisdictions. The relevant national regulations are the Law on Prohibition of Monopolistic Practices and Unfair Business Competition, in conjunction with Law No. 11 of 2020 on Job Creation, which have not provided regulations that provide legal certainty and are in line with the environmental interests of the green economy. There is an urgent need to reformulate competition law policy to be more adaptive, accompanied by strengthening the role and capacity of the KPPU as an independent institution that conducts competition supervision in a professional, transparent manner, and in line with the sustainable economy agenda. The implementation of Articles 50 and 51 of the Monopoly Practices Law regarding exemptions and state monopolies in strategic sectors needs to be optimized through clearer guidelines so that each exemption remains oriented towards efficiency, sustainability, and the public interest.
Legal Loopholes in the Regulation of Corruption Eradication in the Management of State-Owned Enterprise Investment Funds in the Tourism Sector Ikrom, Yaumil; Agustin, Eka Wulandari; Tamara, Eriska; Saliman, Abdul Rasyid; Agustina, Enny
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.3108

Abstract

This study examines the legal gap in the regulation of corruption eradication in the management of State-Owned Enterprises (SOEs) investment funds in the tourism sector. SOEs have a strategic role in developing national tourism through the management of large-scale assets and investments sourced from separate state assets. However, despite the existence of legal frameworks such as Law No. 19 of 2003 concerning SOEs, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, Law No. 25 of 2007 concerning Investment, and Law No. 10 of 2009 in conjunction with Law No. 6 of 2023 concerning Tourism, there are no specific regulations regarding the prevention, supervision, and action against corruption in SOEs' tourism investments. This legal gap has resulted in overlapping authority between supervisory institutions, weak transparency in financial reports, and the absence of clear indicators to classify acts as criminal acts of corruption in this sector. This study uses a normative juridical method with a statutory and conceptual approach to analyze regulatory gaps, examine international practices such as the provisions of the United Nations Convention against Corruption (UNCAC), and formulate the need for reformulation of specific regulations. The analysis demonstrates the urgency of establishing detailed regulations that address integrated oversight mechanisms, technology-based transparency, proportionate criminal and administrative sanctions, and integrate the role of supervisory institutions to prevent and prosecute corruption from the planning stage through project evaluation. Implementation of these specific regulations is expected to increase legal certainty, investor confidence, and the sustainability of national tourism development.

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