cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
Kota tangerang selatan,
Banten
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 1,231 Documents
 120   121   122   123   124 
Implementation of The Principle of Non-Intervention In ASEAN In The Settlement of Disputes Faced By Its Members I Wayan Lasmawan; 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.v6i3.3150

Abstract

ASEAN was founded based on the Bangkok Declaration on August 8, 1967, with 11 members in the Southeast Asian region. They remain committed to the principle of non-intervention as stipulated in the 1976 Treaty of Amity and Cooperation in Southeast Asia (TAC) and the ASEAN Charter. ASEAN has developed into a major international organization and is beginning to be recognized internationally. The principle of non-intervention remains a persistent issue within ASEAN, and ASEAN leaders should consider the flexibility of this principle. This aims to assist member states facing issues, particularly humanitarian ones. This principle of non-intervention has brought ASEAN to its current level, and it is hoped that in the future, ASEAN will be able to contribute more to its fellow ASEAN members and to other organizations worldwide, thereby aligning ASEAN with its vision, mission, and objectives.
Criminal Law Approach in Handling Bullying Cases in Junior High School Enviroments Andi Ervin Novara Jaya; Gusti Ayu Utami
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.v6i3.3151

Abstract

This study aims to analyze the legal protection approach for victims of bullying and the obstacles that affect its implementation in the school environment. This study uses an empirical legal method with a sociological approach and a normative approach. Data were obtained through interviews with Guidance and Counseling (BK) teachers, the Violence Prevention and Handling Team (TPPK), and students. Data collection methods used include library research and field research. Data analysis techniques include data reduction, data presentation, and drawing conclusions. The results show that the legal protection approach for victims of bullying is carried out through two forms of approaches: a preventive approach and a repressive approach. The preventive approach includes a personal approach, special guidance and handling, consultation with experts, and socialization. And, the repressive approach is carried out through mediation, sanctions, legal assistance, and referrals to relevant parties. The implementation of preventive and repressive approaches in schools continues to face various obstacles, including low student understanding, limited capacity of guidance and counseling teachers and the TPPK team, a culture of inaction within schools, limited coordination with external parties, and suboptimal operational systems and policies at the school level. Therefore, strengthening integrated, sustainable, and collaborative implementation is necessary to ensure effective legal protection for victims.
The Knock-Out Rule under the UPICC as a Mechanism for Resolving the Battle of Forms in Indonesia Sandra Salwa Afifah; Laina Rafianti; Helitha Novianty Muchtar
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.v6i3.3154

Abstract

The development of modern commerce, characterized by the widespread use of standard contractual documents and electronic transactions, has given rise to the phenomenon of battle of forms, namely situations in which parties proceed with a transaction despite the existence of mutually inconsistent standard clauses. This phenomenon challenges the classical construction of contract formation under the Indonesian Civil Code (KUHPerdata), which is grounded in the theory of offer and acceptance requiring strict correspondence between the two. This study aims to analyze how the knock-out rule as stipulated in Article 2.1.22 of the UNIDROIT Principles of International Commercial Contracts (UPICC) contributes to legal certainty in resolving conflicts of standard terms and to examine its relevance within the Indonesian contract law system. Employing a normative juridical method with statutory and comparative approaches between the KUHPerdata and the UPICC as a soft law instrument, this research finds that the knock-out rule provides a more adaptive framework by recognizing the existence of a contract insofar as the parties have agreed on its essential elements, while disregarding conflicting clauses and replacing them with applicable gap-filling provisions. This principle maintains a balance between freedom of contract, good faith, and legal certainty, and has the potential to address normative gaps in Indonesian contract law while promoting harmonization with international commercial practice.
Music Copyright Protection in the Indonesian TikTok Era Boy Gabriel Yohanes; Revianty Yovinka; Yossi Niken Respati Artin Soediarto
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.v6i3.3155

Abstract

The development of digital technology has transformed the patterns of music consumption and distribution globally, including in Indonesia. Short-video–based social media platforms such as TikTok have become spaces for creative expression while simultaneously posing serious challenges to the protection of music copyright. The widespread use of unlicensed song clips, remixes, and viral cover versions on TikTok reflects the weakness of digital law enforcement, even though Indonesia normatively possesses a comprehensive legal framework through Law Number 28 of 2014 on Copyright, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, and other implementing regulations. This research intends to examine Indonesia's regulations regarding music copyright protection on the TikTok platform and to evaluate how well these rules are applied in real situations. The study uses a standard legal approach that includes statutory, conceptual, and literary methods. It involves qualitatively examining primary and secondary legal resources through legal interpretation. The findings indicate that music copyright protection in Indonesia is normatively established and covers moral rights, economic rights, as well as civil, criminal, and administrative sanctions. However, its practical effectiveness remains limited due to reliance on manual reporting mechanisms (notice and takedown), the absence of regulations on automatic detection systems, and weak inter-agency coordination among the Directorate General of Intellectual Property, the Ministry of Communication and Digital Affairs, and the National Collective Management Organization. This study concludes that adaptive legal policy reforms are necessary through the implementation of technological enforcement, integration of national digital systems, and the enhancement of public legal literacy to strengthen copyright protection in the digital era.
The Relevance of Patents as Collateral for Loans in Supporting an Innovation-Based Economy in Indonesia Kiki Juwita; Alieffa Nanda; Ria Wierma Putri; Sepriyadi Adhan S
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.v6i3.3160

Abstract

The transformation towards an innovation-based economy positions patents as a strategic instrument that not only serves as legal protection but also as a highly valuable economic asset. This study aims to analyze the legal strength of patents as credit collateral in banking practices in Indonesia and to examine their relevance and optimal use in supporting an innovation-based economy. The research method used is normative juridical with a statutory and conceptual approach, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that, normatively, patents meet the criteria for collateral, as they are classified as intangible movable objects with economic value and can be bound by fiduciary guarantees. However, in banking practice, their use remains limited due to valuation constraints, low liquidity, and the lack of a clear execution mechanism. On the other hand, the use of patents as credit collateral is highly relevant in increasing access to financing for innovative entrepreneurs, strengthening the creative economy ecosystem, and enhancing national competitiveness. Therefore, strengthening regulations, developing assessment systems, and synergy between institutions are needed to optimize the role of patents as a financing instrument in supporting innovation-based economic growth in Indonesia.
The Role of The Constitutional Court in The Protection of Basic Rights Based on the 1945 Constitution Ariena Khairunisa Gunawan
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.v6i3.3163

Abstract

The Constitutional Court is a state institution established with the main function of acting as the guardian of the Constitution. One of the key reasons for its establishment is to protect the fundamental rights guaranteed by the Constitution from interference by the legislative and executive branches. Through the mechanism of judicial review, the Constitutional Court plays a crucial role in maintaining and ensuring that fundamental rights such as freedom of expression, freedom of religion, the right to education, and protection from discrimination are properly implemented and not violated by laws or regulations that contradict the 1945 Constitution. Therefore, it is important to examine the extent to which the Constitutional Court can independently carry out its function of guaranteeing the protection of citizens’ fundamental rights.
Political Dynamics and Their Implications For the Constitutional Court M. Iqbal Pratama
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.v6i3.3165

Abstract

The Constitutional Court of the Republic of Indonesia (MKRI) is a legal institution tasked with maintaining the applicability of the constitution and ensuring that the principles of the rule of law run well in the Indonesian government system. Since its establishment in 2003, the MKRI has become an important venue where legal and political issues often collide, especially in handling cases with major political impact, such as disputes over election results, challenges to laws and regulations, and the dissolution of political parties. The intensification of political dynamics poses a major challenge to the independence and credibility of the MKRI, especially amid political polarization and authorities' interference with legal institutions. This article analyzes in depth how changes in national politics affect the Constitutional Court's duties and functions. By using a legal approach grounded in norms and supported by a conceptual analysis of several MKRI decisions with political nuances, this study seeks to explain various forms of political influence on the MKRI's decision-making process. In addition, this article discusses strategic steps to strengthen the MKRI's independence amid intensifying political pressure. The results of the study show that political dynamics significantly affect the MKRI's performance and reputation. The MKRI's involvement in resolving political conflicts often puts him in a difficult position, namely between maintaining neutrality and meeting people's expectations of real justice. Therefore, continuous improvement is needed in the mechanism for recruiting judges, increased transparency in decisions, and strengthened public supervision of the constitutional judiciary's honesty.
The Role of the Constitutional Court As A Guardian of the Balance of Power Between State Institutions Siti Fatia Nazela
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.v6i3.3166

Abstract

Indonesia is a constitutional democracy with a system of government strictly regulated by the 1945 Constitution. In the Indonesian government's structure, the Constitutional Court plays a key role in maintaining the balance of power. The Constitutional Court is tasked with ensuring that the powers granted to state institutions, including the Executive, Legislative, and Judiciary, are not overlapped or abused and ensuring that all policies and actions are in line with the constitution. The 1945 Constitution mandates that the Constitutional Court carry out its main task: to test the Law against the 1945 Constitution, within the system of checks and balances, so that the Constitutional Court becomes a vital organ in maintaining legal stability and the balance of power between state institutions. In practice, the Constitutional Court faces many challenges from political or external interests that affect its policies and decisions. This research aims to discuss the Constitutional Court's role in supervising the power of state institutions to prevent abuse of authority that could harm the community and damage the Indonesian legal system. This research uses a normative juridical approach with descriptive analysis, based on laws and regulations, Constitutional Court decisions, and other related literature. The results of this research conclude that the Constitutional Court not only functions to maintain the supremacy of the constitution, but also serves as a bridge to balance power among state institutions with their own authority.
Analysis of The Role of Cipayung Plus Advocacy In Overseeing The Constitutional Court's Decision Regarding Power Restrictions And Public Participation Rachel Dwita Maharani
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.v6i3.3167

Abstract

The Constitutional Court has a position as the guardian of the constitution in maintaining the principle of limitation of power and ensuring that the administration of the state runs in accordance with constitutional values. In this matter, Constitutional Court Decision No. 90/PUU-XXI/2023 has sparked debate over the age requirements for presidential and vice presidential candidacy. The ruling affirms the minimum age limit for presidential and vice presidential candidates at 40 years old. Still, it provides exceptions for individuals who are or have been elected, including regional heads. The implications are not only related to the technical issue of candidacy requirements but also to electoral justice, the distribution of political opportunities, and the potential concentration of power in certain political circles. Several studies show a decline in democracy, where formal democratic institutions continue to operate but produce an elitist pattern of power consolidation and tend to be exclusive to actors close to the center of power. This situation reaffirms students' strategic position as actors who perform the function of constitutional social control. Students, through a network of intra-, extra-, and coalition organizations such as Cipayung Plus, not only act as a mass of action but also as an epistemic community that conducts advocacy grounded in legal arguments and policy studies. This role directs students to serve as guardians of public morality and rationality in upholding the principle of equality of political rights and the limitation of power.
Critical Analysis of Disputes on Authority Between Institutions In The Constitutional Court Mahda Rahman
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.v6i3.3168

Abstract

The purpose of this scientific article is to provide an analysis of the Constitutional Court's authority in deciding when a dispute arises regarding the authority held by state institutions in Indonesia, using sources such as laws and regulations, journals, and online articles whose topics are relevant to this discussion. As is well known, Indonesia, as a state of law, always bases everything on written law, as well as on the Constitutional Court's authority to decide when a dispute arises regarding the authority of state institutions. Regarding the Constitutional Court's authority, it has been regulated by Article 24, Letter C, of the 1945 Constitution and the Constitutional Court Law. However, in practice, these regulations still face many challenges, especially regarding the double interpretation of which institutions have the right to dispute in the Constitutional Court over their authority. So it can be understood that, even though theoretically and legally there are already rules governing the Constitutional Court's authority to decide when a dispute arises regarding the authority of a state institution, more detailed rules are still needed on this matter to prevent ambiguity in interpreting the existing articles.

Page 123 of 124 | Total Record : 1231

 120   121   122   123   124 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024) Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024) Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024) Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023) Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023) Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023) Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023) Vol. 3 No. 1 (2022): (JLPH) Journal of Law, Politic and Humanities (November 2022) Vol. 2 No. 4 (2022): (JLPH) Journal of Law, Politic and Humanities (August 2022) Vol. 2 No. 3 (2022): (JLPH) Journal of Law, Politic and Humanities (May 2022) Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022) Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021) Vol. 1 No. 4 (2021): (JLPH) Journal of Law, Politic and Humanities (August 2021) Vol. 1 No. 3 (2021): (JLPH) Journal of Law, Politic and Humanities (May 2021) Vol. 1 No. 2 (2021): (JLPH) Journal of Law, Politic and Humanities (February 2021) Vol. 1 No. 1 (2020): (JLPH) Journal of Law, Politic and Humanities (November 2020) More Issue