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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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The Typology of Banking Crimes in the Disruptive Era: A Comprehensive Review of Criminal Modi Operandi and Law Enforcement Challenges Ruslan Mustari
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.v6i3.3169

Abstract

Banking crime is a global phenomenon that continuously mutates alongside technological disruption and economic dynamics. This article presents a comprehensive review of banking crime typologies through a conceptual and analytical approach to current academic literature. The focus of the study encompasses the constellation of money laundering, banking fraud, cybercrime, white-collar crime, terrorism financing, and corruption. The synthesis results indicate that criminal modi operandi have radically transformed, shifting from traditional models to the exploitation of regulatory loopholes (regulatory arbitrage), trade-based money laundering (TBML), the exploitation of money mules, and the abuse of digital instruments. Conversely, the primary challenges in law enforcement include regulatory lag, the borderless evolution of criminal technology, and institutional reluctance to report internal fraud to preserve corporate reputation. This review asserts that a comprehensive understanding of crime typologies is a fundamental prerequisite for formulating effective policies. Therefore, holistic legal reform is recommended through a shift toward a risk-based supervisory framework, the strengthening of the corporate criminal liability doctrine, and the mandated adoption of integrated RegTech and SupTech to secure the stability of the national financial architecture.
Legal Certainty on Licensing and Royalty Mechanisms in Public Performances in the Form of Music Concerts Following the Constitutional Court's Decision Melawati Widyafitri; Miranda Risang Ayu Palar; Tasya Safiranita Ramli
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.v6i3.3099

Abstract

The use of musical works in public performances in the form of music concerts frequently gives rise to disputes among composers, performers, and event organizers within the music concert industry ecosystem. Legal uncertainty concerning licensing mechanisms and royalty payments for the explotation of the economic rights in music concerts constitutes one of the underlying factors contributing to legal disputes arising after the performance has taken place. The Constitutional Court Decisions Number 28/PUU-XXIII/2025 and Number 37/PUU-XXIII/2025, rendered in the context of judicial review of Copyright Law Number 28 of 2014, provide a constitutional interpretation of the regulation governing the use of musical works in public performance. However, in practice, these decisions continue to leave room for legal uncertainty, particularly concerning the timing of licence fulfilment and the obligation to pay royalties. This study adopts a normative juridical method, employing statutory and conceptual approaches. The findings of the study indicate that, following the Constitutional Court decisions, further regulatory measures are to specifically govern the mechanism of obtaining licences and paying royalties in public performance in the form of music concerts. In addition, preventive measures legal violations may be implemented through a clear contractual arrangements in cooperation agreements between performers and event organizers, particularly concerning obligations related to licence fulfilment and royalty payments, in order to ensure legal certainty, the protection of economic rights, and a balanced framework for all parties involved.
Informed Consent in Medical Practice: A Reconstruction of the Concept of Consent to Medical Procedures from Legal and Bioethical Perspectives Desy Kartika Ningsih; Yudhi Hertanto; Anna Veronica Pont; Silvester Magnus Loogman Palit; Tumian Lian Daya Purba
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.v6i3.3158

Abstract

The reform of Indonesia’s criminal law through the enactment of the National Criminal Code (Law Number 1 of 2023) signifies a fundamental transformation in the orientation of sentencing objectives. This shift reflects a transition from a retributive approach, which primarily emphasizes punishment of offenders, toward a more humanistic and restorative justice–oriented paradigm. This article aims to critically examine the reorientation of sentencing purposes within the National Criminal Code and its implications for the criminal justice system in Indonesia. This study employs a normative juridical method, utilizing both statutory and conceptual approaches, by analyzing relevant legal regulations and scholarly literature. The findings reveal that the objectives of sentencing under the National Criminal Code are no longer confined to the imposition of penalties, but also encompass crime prevention, offender rehabilitation, victim restoration, and social reintegration. This humanistic approach positions individuals as the central focus of criminal law, striving to balance the interests of offenders, victims, and society. Therefore, this reform is expected to foster a more equitable, responsive, and humane criminal justice system.
Restorative Justice as a Legal Policy on Criminal Punishment: An Integrative Study of Legal Certainty and Substantive Justice Deny Deny; Wolter Junaedi Nurhamidin; Ana Maria Gadi Djou; Yulianis Safrinadiya Rahman; Iwan Rasiwan
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.v6i3.3159

Abstract

The concept of restorative justice has emerged as a contemporary paradigm in modern criminal justice systems, shifting the focus away from mere retribution toward the restoration of social relationships and the reparation of harm suffered by victims. This transformation reflects a broader change in the direction of criminal law policy toward a more humane and justice-oriented approach. This study aims to examine restorative justice within the framework of criminal law policy, with particular emphasis on the integration of legal certainty and substantive justice. The research employs a normative legal method, utilizing conceptual, statutory, and comparative approaches to achieve a comprehensive analysis. The findings indicate that restorative justice holds significant potential in reconciling the tension between formal legal procedures and the evolving sense of justice within society. However, its implementation continues to face several challenges, including inconsistencies in law enforcement practices, limited technical regulations, and the need for a paradigm shift among legal practitioners. Therefore, strengthening policy frameworks and establishing clear operational guidelines are essential to ensure the effective and consistent application of restorative justice.
Cooperative Study: Implementation of Human Rights In Indonesia and Finland Dela Natalia Siallagn; Abelia Rahma Ananda; Najeela Luthfiyah 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.v6i3.3178

Abstract

This study explores the implementation of human rights in Indonesia and Finland through a comparative perspective. The research focuses on identifying the factors that influence the effectiveness of human rights enforcement in both countries, including institutional strength, law enforcement practices, human resources, legal socio-culture, and cultural environment. Although both countries possess comprehensive legal frameworks, their implementation differs significantly. In Indonesia, challenges such as inconsistent law enforcement, limitations in human resources, and cultural environment that may conflict with human rights principles contribute to weaker implementation. In contrast, Finland establishes a more stable system supported by strong institutions, high levels of public trust, and social values that reinforce legal compliance, despite facing challenges related to minority protection and law enforcement practices. This study aims to provide a deeper understanding of how structural and societal factors shape the realization of human rights in different national contexts.
The Effectiveness Of Environmental Law Enforcement Against Tin Mining Activities In Lubuk Besar Sub-District, Central Bangka Regency From A Constitutional Law Perspective Risma Risma; Wijayono Hadi Sukrisno
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.v6i3.3181

Abstract

Tin mining activities constitute one of the primary economic sectors in the Bangka Belitung Islands Province. However, in practice, tin mining operations often generate various environmental problems, such as land degradation, water pollution, and the loss of ecological environmental functions. This condition has also occurred in Lubuk Besar Sub-District, Central Bangka Regency, where tin mining activities in recent years have shown significant environmental damage and potentially conflict with applicable environmental law provisions.This study aims to analyze the regulatory framework and the effectiveness of environmental law enforcement regarding tin mining activities in Lubuk Besar Sub-District, Central Bangka Regency, from a constitutional law perspective. The research employs a normative legal research method using statutory and conceptual approaches, supported by empirical data derived from factual field conditions. The results of the study indicate that although various regulations governing environmental protection and management already exist—such as Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 3 of 2020 concerning Mineral and Coal Mining—the implementation of law enforcement in practice still faces several obstacles. These include weak supervision, low public legal awareness, and the prevalence of illegal mining activities. From a constitutional law perspective, the state has a constitutional obligation to guarantee the public's right to a good and healthy environment as stipulated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Therefore, strengthening environmental law enforcement and enhancing the government's supervisory role over mining activities are necessary in order to achieve sustainable natural resource management.
The The Evidentiary Value of Visum et Repertum in Establishing the Crime of Attempted Rape (An Analysis of Court Decision No. 72/Pid.B/2021/PN.Pps) Rania Adriane Desrina Rania; Handar Subhandi Bakhtiar Handar
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.v6i3.3183

Abstract

Evidence plays a central role in criminal law, as Article 184 of the Criminal Procedure Code establishes it as the basis for judges to determine whether the elements of a crime are proven lawfully and convincingly. In the case of attempted rape against a deaf and mute person with disabilities in Decision Number 72/Pid.B/2021/PN.Pps, the evidentiary process faced challenges due to the victim’s limited communication. This study aims to analyze the role of visum et repertum in proving the elements of attempted rape. Using a normative juridical method with a case approach, this research relies on legislation and court decisions as primary materials, supported by scholarly works. The results show that visum et repertum is written evidence with strong probative value, as it presents objective medical findings indicating physical violence, supporting the elements under Article 285 in conjunction with Article 53 paragraph (1) of the Criminal Code. In this case, visum et repertum strengthened witness testimonies and helped the judge form a conviction that acts leading to rape had occurred, despite no intercourse. It thus functions not only as formal evidence but also as protection for victims’ rights and a means to achieve substantive justice.
A Representative National Police Commission in Realizing the Professionalism of the Indonesian National Police Sri Widayatai; Diana Haiti; Rahmida Erliyani; Anang Shophan Tornado
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.v6i3.3186

Abstract

The National Police of the Republic of Indonesia (Polri) has a vital constitutional mandate, but the integration of large authorities without strong external oversight creates a risk of abuse of authority and a decline in public trust. This study aims to analyze the nature of the position and juridical limitations of the National Police Commission (Kompolnas) and formulate the urgency of reconstructing the institution so that it becomes representative in realizing the professionalism of the National Police. Using normative legal research methods with a qualitative approach, this study dissects the position of the National Police Commission as a state auxiliary organ through the theory of representative bureaucracy. The findings of the study show that the National Police Commission experiences normative ambiguity and an "authority gap" because its legal basis is only based on Presidential Regulations, so it does not have investigative and executive authority. In addition, the dominance of government elements ex-officio injures independence and creates a conflict of political interests. As a solution, this study concludes the need to transform the legal basis of the National Police Commission into an independent law that provides immunity rights, investigative authority, and integrates the values of local wisdom such as Siri' Na Pacce and Piil Pesenggiri as moral instruments. This reconstruction is crucial to ensure that the National Police is transformed into a humane, accountable, and trusted institution in the democratic era.
Administrative The Impact of The Covid-19 Pandemic on Administrative Law Policies and Practices in Indonesia: A Review of Constitutional Governance and Administrative Reform Bambang Sumeidi
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.v6i3.3188

Abstract

The COVID-19 pandemic has prompted the Indonesian government to enact various emergency measures that have significantly impacted the practice of Administrative Law. Under these circumstances, the government is required to act swiftly while upholding the principles of the rule of law, particularly legality, accountability, and constitutionality. This study aims to analyze the implementation of emergency policies from an Administrative Law perspective, particularly regarding legality, administrative discretion, and public policy accountability. The method used is normative legal analysis employing legislative, conceptual, and comparative approaches. The research findings indicate that emergency policies are not yet fully consistent with the principles of administrative law. The study identified regulatory inconsistencies, an expansion of discretionary power without adequate oversight, and a lack of policy transparency. Furthermore, emergency policies also face challenges in maintaining a balance between effectiveness and constitutional compliance. This study concludes that there is a need to strengthen the principle of legality, limit discretion, enhance accountability, and strengthen constitutional oversight to achieve good governance
The Legal Role of State Administration in Dealing with Conflicts of Interest of Public Officials Abdul Hamid
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.v6i3.3190

Abstract

Administrative law has a crucial role in regulating governance, including in the context of the roles and responsibilities of public officials. Analysis of legal views on the role of public officials is important to understand the legal basis that governs their behavior and decisions in carrying out public service duties. This study uses a normative legal approach by collecting data from various administrative law sources, including laws, regulations, and related court decisions. A critical analysis examines the legal view of public officials' roles and their implications for administrative practice. In-depth literature reviews were conducted to develop a conceptual framework grounded in relevant theories of administrative law

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