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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 1,264 Documents
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Reorientation of the Purpose of Punishment in the National Criminal Code: A Humanistic Approach in Indonesian Criminal Law Sumartini Dewi; Sri Setiawati
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.v6i3.3148

Abstract

The reform of criminal law in Indonesia through Law Number 1 of 2023 concerning the National Criminal Code represents a significant transformation in the orientation of the national sentencing system. Historically, Indonesia’s criminal justice framework has largely been influenced by a retributive paradigm, where punishment is primarily viewed as retaliation for criminal acts committed by offenders. However, the development of modern criminal law thought has encouraged the adoption of a more comprehensive approach that emphasizes humanitarian values. In this context, the National Criminal Code introduces a new paradigm that incorporates humanistic and restorative principles, while emphasizing social recovery. This approach does not merely focus on imposing sanctions on offenders, but also seeks to repair the social relationships disrupted by crime, ensure adequate protection for victims, and support the rehabilitation and social reintegration of offenders. This study aims to examine the reorientation of sentencing objectives under the National Criminal Code and to analyze how a humanistic approach is integrated into Indonesia’s criminal law framework. The research employs a normative juridical method, utilizing statutory and conceptual approaches. The analysis is conducted through an examination of the provisions contained in the National Criminal Code as well as relevant criminal law literature. The findings indicate that the National Criminal Code establishes a new direction for the Indonesian sentencing system by emphasizing a balance between public protection, victim restoration, and offender rehabilitation. Consequently, punishment is no longer solely perceived as a mechanism of retaliation, but rather as a legal instrument aimed at achieving substantive justice, maintaining social order, and promoting a more humane and equitable criminal justice system.
Assessing the Effectiveness of Legal Protection for Local Communities in Agrarian Disputes Against Local Government in West Bangka Regency Gustami Gustami; Enny Agustina
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.2043

Abstract

This study aims to analyze the effectiveness of legal protection for local communities in agrarian disputes with corporations in West Bangka Regency, as well as to identify both legal and non-legal barriers faced by these communities in securing their land rights. The research is based on the Landbouw land dispute case in Kelapa Subdistrict, West Bangka, which was won by the local community through a decision by the Administrative Court (PTUN) of Pangkalpinang, Case Number 16/G/PTUN.PGP/2025. The research adopts normative and empirical juridical methods, utilizing statute and case approaches along with interviews with relevant stakeholders. The findingsreveal that while normative legal protection exists through national legal instruments, its effectiveness at theimplementation level remains weak. Communities frequently encounter obstacles such as delayed responses from local authorities, lack of legal literacy, and corporate dominance. The study recommends strengthening access to legal aid, improving community advocacy capacity, and enhancing local government commitment to agrarian justice.
The Dispute Board as an Alternative Dispute Resolution Mechanism In Public -Private Partnership (PPP) Projects in Indonesia Desliana Maharani Nur Fitri; Prita Amalia
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.v6i3.3083

Abstract

PPP is an instrument in the provision of infrastructure in Indonesia to close the state financing gap and increase private participation. However, the character of PPP as a risk-based long-term contract makes this project vulnerable to disputes originating from various aspects. Based on Presidential Regulation Number 38 of 2015, the settlement of PPP disputes is carried out in stages through consensus deliberation, mediation, and arbitration or court. These mechanisms are often considered less effective because they take a long time, are high in cost, and have the potential to disrupt the sustainability of projects and the certainty of public services. This study aims to analyze the potential for disputes in PPP projects in Indonesia and examine dispute boards as an alternative dispute resolution method that is effective and preventive. The research method used is normative juridical with legislative, conceptual, comparative, and case study approaches, through the analysis of the national legal framework and comparison of dispute board practices in the United States and Australia. The results of the study show that the dispute board functions as a dispute prevention mechanism through continuous monitoring of the project from the beginning of the contract. Although it is well known in the construction services sector, there is no specific dispute board arrangement in the PPP regime in Indonesia. Thus, this study emphasizes the urgency of strengthening dispute board regulations within the framework of PPP to increase legal certainty, maintain long-term contract stability, and create a conducive investment climate. Keywords: PPP, Dispute board, Dispute Resolution
Legal Protection for Directors Against Allegations of Directors' Negligence Resulting in Losses to the Company Yoyo Arifardhani; Ibnu Masúd
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.v6i3.3137

Abstract

This study aims to analyze legal protection for directors against allegations of negligence resulting in losses for the company in the Indonesian legal system. The method used is normative legal research with a statutory approach and case studies through a comparative analysis of two court decisions, namely the Bekasi District Court Decision Number 647/Pdt.G/2021/PN Bks and the Surabaya District Court Decision Number 565/Pdt.G/2024/PN Surabaya. The results of the study indicate that the civil liability of directors is based on proof of the element of error or negligence, not solely on the occurrence of losses for the company. The Business Judgment Rule principle adopted through Article 97 paragraph (5) of Law Number 40 of 2007 concerning Limited Liability Companies provides conditional protection to directors who act in good faith, with professional prudence, and within the limits of legitimate formal authority. This study emphasizes the importance of a clear distinction between reasonable business risks and directors' negligence as a basis for determining legal liability proportionally and fairly.
Legal protection of indigenous communities from natural resource exploitation: a comparative study of Indonesia and the Philippines Hairunnisa Rahmi Fadiyah; Fadhel Ally Muhammad
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.v6i3.3139

Abstract

The large-scale exploitation of natural resources in Southeast Asia has generated a wide range of legal, social, and ecological challenges, particularly for indigenous communities living in resource-rich areas. This article seeks to analyze and compare the forms of legal recognition and protection afforded to indigenous peoples in Indonesia and the Philippines, with a focus on their sovereignty over customary lands and their participation in decision-making processes related to natural resource governance. Employing a normative and comparative legal approach, the study examines statutory frameworks, judicial decisions, and selected case studies involving the Moi people in Papua (Indonesia) and the Lumad communities in Mindanao (Philippines). The findings indicate that, although both countries formally recognize the existence and rights of indigenous peoples, the extent of legal protection and its implementation differs significantly. The Philippines adopts a more explicit and progressive legal framework through the Indigenous Peoples’ Rights Act (IPRA), which recognizes collective land ownership and upholds the principle of Free, Prior, and Informed Consent (FPIC). In contrast, Indonesia relies largely on administrative recognition and lacks a legally binding FPIC mechanism within its national legislation. Despite these differences, indigenous peoples in both countries continue to face substantial challenges, including criminalization, militarization, and marginalization from development processes. This article therefore recommends strengthening national legal frameworks particularly through the enactment of a comprehensive Indigenous Peoples Law in Indonesia, institutional reforms of oversight bodies in the Philippines, and the promotion of ecological and participatory justice in natural resource governance.
Reconciliation The Antinomy of the Principle of Formal Legality and Living Law in Reformulation of National Criminal Law Gede Yudi Sutrisna; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini
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.v6i3.3143

Abstract

The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) brings a paradigm shift through the recognition of living law in Article 2, triggering an antinomy with the principle of formal legality in Article 1. This study aims to analyze the potential judicial conflict between customary law and formal legal certainty and its impact on the judicial system in Indonesia. The research method used is doctrinal legal research with a statutory and conceptual approach. The results indicate that the existence of the legality principle in the National Criminal Code is no longer absolute as it promotes the idea of balance between formal and material criteria. The prohibition of analogy in Article 1, Paragraph (2) specifically applies only to written law and does not hinder the application of living law to fill legal vacuums. Although aimed at achieving substantive justice, its implementation risks creating criminal disparities. Therefore, standardization through Local Regulations aligned with Pancasila values and sentencing guidelines for judges is required to bridge the gap between legal certainty and social justice.
Harmonization Of State Law And Customary Law In Traditional Health Service Practices In Indonesia Teguh Adi Partama; Ida Bagus Tatwa Yatindra; I Putu Hari Jaya Tirta; Marsudi Dedi Putra
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.v6i3.3145

Abstract

This study aims to analyze the harmonization between state law and customary law in traditional health service practices in Indonesia, identify the forms of incompatibility that occur, and formulate efforts to create harmony between the two legal systems through normative juridical research methods that focus on the study of legal norms, laws and regulations, and doctrines. The data collection technique is carried out through a literature study of primary, secondary, and tertiary legal materials which are then analyzed qualitatively to produce logical and structured legal arguments. The current arrangement of traditional health services has been transformed from Law Number 36 of 2009 to Law Number 17 of 2023 concerning Health which places the practice as an integral part of the national health system. Customary law acts as a living law that provides social legitimacy, regulates practitioner ethics through communal values, and maintains the authenticity of traditional knowledge that has been passed down from generation to generation. Efforts to harmonize are carried out through constitutional recognition of customary law communities and the integration of local norms into formal regulations to ensure security and service standards for communities without erasing cultural identity. This synergy creates dual protection for Indonesia's ethnobotanical wealth from exploitation by outsiders while ensuring that every health practice can be legally and empirically accounted for. Such alignment requires ongoing dialogue between governments, indigenous leaders, and health practitioners to address the challenges of the differences between modern medical methodologies and traditional healing techniques.
Reconstruction of Telemedicine Regulations In The Indonesian Health Legal System Based on A Legal Pluralism Approach Hawreyvian Rianda Seputra; Setyarini; Yuswanti; Marsudi Dedi Putra
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.v6i3.3146

Abstract

This research aims to analyze the urgency of reconstructing telemedicine regulations in Indonesia using the legal pluralism approach to create legal certainty that is adaptive to the development of digital health technology. The research method applied is normative law with a focus on the analysis of legal texts, laws and regulations, doctrines, and scientific publications related to the health legal system. Literature studies are used as a secondary data collection technique to map the current legal position as well as existing legislative gaps in the practice of remote health services. Qualitative juridical analysis was carried out to formulate normative solutions to strengthen the legal framework of telemedicine to suit the characteristics of legal science and social realities in Indonesia. The results of the study show that the current telemedicine regulations, including Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Permenkes Number 20 of 2019, are still global and delegative, causing uncertainty at the operational technical level. The absence of specific norms regarding remote diagnostic standards, remote therapy procedures, and limitations on non-face-to-face medical measures increases the risk of malpractice and uncertainty of the legal liability of health workers. The protection of patients' personal data has also not been regulated in detail, especially regarding the security mechanism for sensitive medical data and reporting obligations in the event of a digital information breach. Regulatory reconstruction based on legal pluralism is needed to integrate formal positive law, medical professional ethics, and information technology law into one harmonious legal system. Standardization that includes consultation procedures, electronic prescriptions, and effective supervision mechanisms will provide balanced legal protection for patients, medical personnel, and digital platform operators. Adaptive and flexible arrangements ensure that the law remains relevant to technological innovation without compromising the principles of justice and public safety.
Reformulating the Concept of Breach of Contract in Electronic Agreements: Perspectives on Legal Certainty and Justice Markus Suryoutomo; Natasya Yunita Sugiastuti; Ramziati Ramziati; Ghina Marta Salmaa Salsabila; Selamat Lumban Gaol
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.v6i3.3147

Abstract

The rapid advancement of information and communication technology has significantly transformed contractual practices, shifting from conventional agreements to digitally based electronic contracts. This transformation not only alters the mechanisms of contract formation but also affects the traditional concept of breach of contract, which has long been rooted in classical civil law paradigms. In practice, the distinctive features of electronic transactions such as their cross-border nature, the absence of direct interaction between parties, and the involvement of electronic systems and third parties like digital platforms create particular complexities in determining the forms of breach and identifying the responsible parties. This ambiguity may lead to legal uncertainty and an imbalance in legal protection, especially for consumers. This study aims to reformulate the concept of breach of contract in electronic agreements by emphasizing the principles of legal certainty and justice. The research employs a normative juridical method, utilizing both statutory and conceptual approaches. The analysis focuses on existing legal norms as well as the evolving practices of electronic transactions within society. The findings indicate that the concept of breach of contract in electronic agreements can no longer be narrowly interpreted as merely the non-performance of obligations. Instead, it should be broadened to include failures of electronic systems, algorithmic errors, network disruptions, and the negligence or liability of digital platform providers. Such a reformulation is essential to establish a legal framework that is responsive to technological developments while ensuring fair and proportional legal protection for all parties involved in electronic transactions.
Constitutional Conflict between Tourism Development and Karst Area Protection in Gunung Kidul: Analysis of Article 33 of the 1945 Constitution of the Republic of Indonesia and the Principles of Sustainable Development Ayik Christina Efata; Deny Deny
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.v6i3.3149

Abstract

Over the past decade, the tourism sector in the karst region of Gunung Kidul has experienced substantial growth, contributing significantly to local revenue generation and expanding employment opportunities for surrounding communities. Nevertheless, the rapid development of tourism infrastructure, land-use conversion, and intensive exploitation of karst landscapes have generated constitutional concerns related to the State’s obligation to safeguard environmental sustainability. Karst ecosystems perform essential ecological functions, including groundwater storage, hydrological regulation, and providing habitats for diverse biological species. Consequently, environmental degradation in these areas may result in long-term ecological consequences. This study aims to examine the tension between tourism-driven economic development and the protection of karst environments from the perspective of Article 33 of the 1945 Constitution of the Republic of Indonesia, as well as the principles of sustainable development. The research employs a socio-legal approach, combining normative analysis of statutory regulations with conceptual examination of the green constitution doctrine and sustainable development framework. The findings indicate that Article 33 of the 1945 Constitution not only emphasizes state control over natural resources for the prosperity of the people but also implicitly incorporates principles of environmental sustainability and ecological responsibility. Accordingly, tourism policies that disregard environmental carrying capacity and ecological limits within karst regions risk contradicting constitutional mandates. The integration of sustainable development principles into spatial planning policies and licensing mechanisms is therefore essential to ensure a balanced relationship between economic advancement and environmental preservation.

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