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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 1,321 Documents
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The Effectiveness of Government Internal Supervision in Preventing Maladministration in Public Institutions Pani Arpandi
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.v6i3.3191

Abstract

Public services are a fundamental element in the implementation of government that is oriented towards fulfilling the basic needs of the community and the realization of the principle of good governance. However, the quality of public services in Indonesia still faces various problems, especially due to rampant maladministration, which results in public losses and reduces trust in public institutions. This study aims to analyze the effectiveness of internal government supervision and the role of the Ombudsman of the Republic of Indonesia in preventing maladministration, with an emphasis on regulatory aspects, the implementation of supervision, and institutional barriers. The research uses a descriptive qualitative method, drawing on a literature review of laws and regulations, APIP reports, and the results of the Ombudsman's examination. The results of the study show that the government's internal supervision plays a strategic role in ensuring the implementation of public services in accordance with the principles of AUPB and the service standards stipulated in Law No. 25 of 2009. However, the effectiveness of supervision remains constrained by the Ombudsman's limited authority, the lack of clarity in service standards, and the weak implementation of the government's internal control system (SPIP). These findings affirm the importance of strengthening APIP's independence, improving the Ombudsman's technical regulations, improving the competence of the apparatus, and the existence of political will from all stakeholders. Thus, efforts to prevent maladministration not only require strong regulatory tools but also consistent implementation to realize transparent, accountable, and fair public services.
Symbolism and Irony in I Got Flowers Today: Tragic Domestic Love Cycle Riska Atni Dwi Putri; Endang Yuliani Rahayu
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.v6i3.3214

Abstract

This study attempts to analyze Paulette Kelly’s poem I Got Flowers Today focusing on the tragic cycle of love and domestic violence as revealed through symbolism and irony. Domestic violence in the poem is portrayed as a continuous cycle involving verbal abuse, physical violence, emotional manipulation, economic dependence, and psychological fear rather than a sudden act. This study examines three main questions: the causes of domestic violence in Paulette Kelly’s I Got Flowers Today, the use of symbolism and irony to portray abusive relationship patterns, and the effects of violence on the victim. The research applies a qualitative descriptive approach through text-based analysis. The primary data source is the poem I Got Flowers Today, while secondary data are obtained from books, journal articles, and theories related to New Criticism, symbolism, irony, and domestic violence. The analysis is conducted through close reading by applying Cleanth Brooks’ theory of symbolism and irony, supported by Laurence Perrine’s concept of poetry. The findings reveal that flowers function as a central symbol representing false love, emotional manipulation, and ultimately death, while irony appears through the contrast between romantic gestures and acts of violence. The poem also depicts the severe emotional, psychological, physical, and social effects of domestic violence on the victim, which ultimately lead to the loss of freedom and life. This study concludes that I Got Flowers Today is not only a literary work but also a powerful social criticism that raises awareness of domestic violence and challenges the romanticization of abuse in society.
Legal Protection for Micro, Small, and Medium Enterprises in Vacant Land Lease Agreements Atika Sunarto; Stefani Sitinjak; Lenolewis Hiskia Purba; Muhammad Ali Adnan
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.v6i3.3246

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play a strategic role in Indonesia’s economy as they generate employment, create business opportunities, and strengthen local economic resilience. However, in contractual relationships, MSMEs are often in a disadvantaged position due to limited capital, lack of legal knowledge, and restricted access to legal assistance, making them vulnerable to losses when disputes arise with landowners. This study employs a normative juridical method with statutory, conceptual, and case study approaches. The findings indicate that, normatively, Article 1548 of the Indonesian Civil Code stipulates that a lease agreement grants the lessee the right to enjoy the benefits of the leased object with the obligation to pay rent. In practice, however, MSMEs are frequently disadvantaged due to unbalanced standard clauses or the landowner’s lack of good faith. Legal protection for MSMEs can be realized through fair contractual arrangements, mediation mechanisms for dispute resolution, and the application of the principle of legal certainty as regulated under Articles 1338 and 1243 of the Indonesian Civil Code. Providing legal protection in vacant land lease agreements is essential to ensure business sustainability and prevent exploitative leasing practices against weaker parties. The role of the state through effective regulation and supervision, as well as the enforcement of the principle of good faith by landowners, is crucial. Legal certainty is achieved when each party respects their respective rights and obligations proportionally.
Implementation of Domestic Waste Management Policy in Batam City: Weimer And Vining Perspective Ni Made Oveta Annisya; Ida Widianingsih; Budhi Gunawan
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3157

Abstract

The city of Batam faces challenges in managing domestic waste, marked by an increase in unmanaged waste. In response, the Batam City Government has issued Batam Mayor Regulation No. 5 of 2023 concerning Regional Policies and Strategies for the Management of Household Waste and Household-like Waste, which serves as a reference for domestic waste management. However, the situation on the ground shows that the waste problem has not yet been resolved. This study aims to examine the factors that influence the implementation of this policy, using the policy implementation theory perspective of Weimer and Vining (2010), which examines the aspects of policy logic, support, essential elements, and implementer capabilities. This study uses a qualitative approach with data collection techniques through in-depth interviews, observations, and document analysis at the Batam City Environment Agency. The results of the study show that, logically speaking, the policy has not yet achieved its objectives. Political support exists, but financial support is still limited, as is technological support. Essential elements such as the transport fleet are not in prime condition, and landfill infrastructure is also limited. The implementers' capabilities are good and there is a clear division of roles. Recommendations that can be suggested are routine supervision and monitoring by environmental management agencies regarding policy implementation, improvement of waste handling and management infrastructure, and increased support and stakeholder participation through public-private partnerships and corporate CSR participation in domestic waste management.
Reconstructing the Sentencing Framework for Minor Offenses through Restorative Justice: Toward Substantive Justice Amelya, Siska
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3194

Abstract

This study examines the reconstruction of the sentencing framework for minor offenses through a restorative justice approach to advance substantive justice. The Indonesian criminal justice system remains predominantly retributive, prioritizing punitive sanctions while insufficiently addressing victim restoration, social reconciliation, and community-based justice values. This orientation creates a persistent gap between formal legal certainty and the realization of substantive justice, particularly in minor criminal cases where proportionality and social harm are limited. This research aims to develop an integrative sentencing framework that systematically embeds restorative justice as a central paradigm. A normative juridical method is employed, incorporating statutory, conceptual, and comparative approaches to critically analyze existing legal frameworks and institutional practices. The findings reveal that the implementation of restorative justice in minor offenses remains fragmented, sectoral, and lacks systemic coherence within the national criminal law system. To address this limitation, this study proposes a reconstructed sentencing framework grounded in four key dimensions: regulatory reform, institutional harmonization among law enforcement agencies, transformation of legal actors’ paradigms, and recognition of living law as a legitimate normative foundation. This study offers a structured model that repositions restorative justice from a complementary mechanism to a core component of the sentencing system. This study contributes to the advancement of criminal law theory and practice by bridging retributive and restorative approaches within a unified framework. The proposed model is expected to enhance victim recovery, strengthen offender accountability, and promote community participation, thereby advancing the realization of substantive justice.
Normative Juridical Analysis of the Validity of Regulations on the Establishment of Merah Putih Village Cooperatives in the Perspective of the Hierarchy of Laws and Regulations in Indonesia Elfiani, Fitri
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3198

Abstract

This study aims to analyze the legal validity of the regulations governing the establishment of the Merah Putih Village Cooperative within the framework of the hierarchy of laws and regulations, as well as to examine normative disharmony between cooperative law and village governance regulations. This policy is driven by Presidential Instruction No. 10 of 2025, supported by Ministerial Regulations of Village Affairs and the Ministry of Finance concerning the use and management of village funds, which raises juridical issues related to legitimacy and regulatory authority. This research employs a normative legal method using statutory and conceptual approaches. Legal materials are analyzed qualitatively through legal interpretation to assess the conformity of norms within the legal system. The results indicate that although the regulations have a strategic objective in strengthening the village economy, they remain juridically problematic. The Presidential Instruction does not have generally binding legal force, while ministerial regulations are limited in scope and cannot establish new legal norms. Vertical disharmony with the Village Law and horizontal disharmony among regulations on village funds are also identified, potentially leading to legal uncertainty in policy implementation. This study concludes that regulatory harmonization and stronger legal foundations are necessary to ensure clear legitimacy in the establishment of village cooperatives.
Recognition of Customary Law in the Perspective of Legal Politics: A Study of Weak Legal Pluralism in Dayak Society Mursyida, Aisyah Nurhalisha; Sukti, Surya; Mustar, Mustar
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3200

Abstract

This study examines the relationship between legal pluralism and legal politics in the recognition of customary law in Indonesia, which remains conditional in practice. The background of this research lies in the diversity of legal systems in Indonesia that creates legal pluralism, while the state continues to exercise control through its legal policies. The novelty of this study is reflected in its critical analysis of the ambiguity of customary law recognition, particularly through the concept of weak legal pluralism as observed in the practices of Dayak indigenous communities in Kalimantan. This research employs a normative legal method using statutory and conceptual approaches. The findings reveal that although Article 18B paragraph (2) of the 1945 Constitution constitutionally recognizes indigenous peoples, such recognition is limited by the conditions “as long as they still exist” and “in accordance with the principles of the Unitary State of the Republic of Indonesia,” which position customary law as subordinate to state law. In practice, customary law continues to function in dispute resolution but requires formal validation from the state. Therefore, a reorientation of legal politics is needed to ensure that the recognition of customary law is not merely formal but also substantive, providing greater autonomy to indigenous communities.
Doctor's Responsibilities With the Issuance of A Health Certificate Based on Law and Medical Ethic Susanti, Yulia; Azheri, Busyra; Mannas, Yussy Adelina; Hasbi, Muhammad; Syofyan, Syofirman
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3201

Abstract

This study examines the responsibilities of doctors in issuing health certificates, which often become a source of legal and ethical issues. The background of the problem is the importance of health certificates as administrative documents that can influence various decisions, yet specific regulations regarding their issuance have not been deeply regulated. The objective of this research is to analyze the responsibilities of doctors in issuing health certificates based on Indonesian law and medical ethics. The research method used is normative juridical by examining secondary legal materials. The results indicate that a doctor's responsibilities encompass ethical, professional, and legal aspects (administrative, civil, criminal). Violations can result in ethical, administrative, civil, or criminal sanctions. In conclusion, doctors must issue health certificates accurately, honestly, and based on careful medical examinations, in accordance with the law and professional ethics to avoid harm to related parties and legal claims.
An Analytical Study on the Legal Protection of Bank Employees from the Perspective of Indonesian Labor Law Fatwal, Andi Muh.; Miqat, Nurul; Ansar, Ansar
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3215

Abstract

Employee suspension in the banking sector constitutes an administrative measure that creates legal ambiguity within Indonesia’s labor law system, particularly regarding the status of the employment relationship during the suspension period. This condition directly affects employees’ normative rights, including wages, social security, health protection, and employment continuity. In practice, suspension is commonly imposed in cases involving alleged ethical violations, indications of fraud, or the need for internal investigations in accordance with regulations of the Financial Services Authority. This study aims to analyze the legal status of suspended employees under Indonesian labor law and related regulations, as well as to examine the obligations of employers in ensuring fair protection of employees’ rights. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that suspension does not constitute termination of employment but rather a temporary suspension of work obligations, thereby maintaining the legal employment relationship. Consequently, employees remain entitled to wages and social protection. The absence of specific regulations creates legal gaps that may disadvantage employees. This study recommends the establishment of specific regulations to ensure legal certainty and balanced protection for both parties.
Factors Causing Incest with Child Victims in North Bengkulu Regency Yultira, Syalsa Nurafifah
Journal of Law, Politic and Humanities Vol. 6 No. 4 (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.v6i4.3217

Abstract

Incest is defined as sexual intercourse between partners who are closely related, such as father and daughter, mother and son or between biological family members. Incest is referred to as a “blood desecration” event because it can give birth to children who are physically and mentally disabled. This problem requires serious attention from various parties, so it is necessary to conduct an in-depth study related to the factors that cause incest with child victims in North Bengkulu Regency and efforts to overcome them. This study aims to determine and describe the factors that cause incest with child victims in North Bengkulu Regency, as well as to determine and describe how the countermeasures are carried out. The research method used is descriptive empirical legal research. The research was conducted at RSJK Soeprapto Bengkulu Province, North Bengkulu Police, Argamakmur District Court, North Bengkulu District Attorney and Argamakmur Class IIB Correctional Institution. The results showed that the factors causing incest in North Bengkulu Regency include individual factors, emotional factors, situation or opportunity factors and low education factors. Efforts to overcome incest that have been made apply preventive efforts and repressive efforts. Preventive efforts include mental health support for parents, counseling to the community, and supervision of community behavior. Meanwhile, repressive efforts are carried out by law enforcement officials, namely the police, prosecutors, and courts by imposing strict sanctions in the form of prison sentences at the Argamakmur Class IIB Correctional Institution to provide a deterrent effect for the perpetrators.

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