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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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Chemical Castal as an Additional Criminal Act Reviewed from the Principle of Proportionality in Criminal Imposition by Judges (Study of Court Case Decision Number: 858/Pid.Sus/2022/PN Bjm) Kurnia, Teni
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.v6i4.3219

Abstract

Sexual violence against children is an extraordinary crime that causes profound physical, psychological, and social harm to the victims. In response to such crimes, Indonesia introduced chemical castration as an additional punishment under Law Number 17 of 2016. This form of punishment has sparked controversy, especially when analysed through the lens of the principle of proportionality in criminal law. This study aims to analyse the judge’s legal considerations in imposing chemical castration as an additional punishment on the perpetrator of child sexual violence in Court Decision Number 858/Pid.Sus/2022/PN Bjm, and to assess its compatibility with the principle of proportionality. This research employs a normative juridical method and case approach, using qualitative analysis of primary and secondary legal materials. The findings indicate that the judges considered legal, sociological, and philosophical aspects in sentencing, including the severity of the crime, the parent-child relationship between the perpetrator and the victim, and the risk of recidivism. Although chemical castration is legally permissible and aims to deter reoffending while protecting children, its application must still adhere to the principle of balance between the gravity of the crime and the punishment imposed. This study concludes that, in this case, chemical castration as an additional punishment satisfies the principle of proportionality but requires ongoing supervision to ensure it does not violate human rights and the principles of justice.
Law Enforcement Against Cybercrime From The Perspective of The Rule of Law Qohirunnisa, Adisti Zahra; Siregar, Ellen Marina Stevany; Adinda, Fanisha
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.v6i4.3221

Abstract

The development of information and communication technology has transformed the nature of crime, positioning cybercrime as a complex, cross-border phenomenon that challenges conventional legal frameworks. This research aims to examine the effectiveness of law enforcement against cybercrime in Indonesia and identify the main problems from the perspective of the rule of law, particularly regarding the relationship between legal substance and law enforcement implementation. This study employs a normative juridical method enriched with a limited socio-legal approach, through analysis of legislation, legal concepts, and case studies, supported by secondary empirical data. The focus of the study is directed toward three main aspects: evaluation of cyber law regulations, analysis of implementation constraints in law enforcement, and formulation of comprehensive strengthening strategies. The research findings indicate that the ineffectiveness of cybercrime law enforcement in Indonesia is not solely due to weaknesses in legal substance, but rather multidimensional gaps between the normative framework and implementation reality. Despite legislative advancements through amendments to the Electronic Information and Transactions Law, the enactment of the new Criminal Code, and the ratification of the Personal Data Protection Law, issues of regulatory fragmentation, normative ambiguity, and weak harmonization persist. At the implementation level, law enforcement effectiveness is hindered by limitations in digital forensic technical capacity, institutional fragmentation, weak inter-agency coordination, and jurisdictional challenges in handling transnational cybercrime. This research argues that the core problem lies in the lack of synchronization between legal substance and institutional capacity, which undermines key rule-of-law principles such as legal certainty, due process of law, and human rights protection. Therefore, strengthening cyber law enforcement requires a holistic and systematic approach through adaptive regulatory renewal, enhanced institutional capacity, and strengthened international cooperation. The paradigm of cyber law enforcement in Indonesia needs to shift from a purely normative approach to an integrated model that balances regulatory aspects, institutional capacity, and preventive strategies, including digital literacy enhancement, to respond to the evolving dynamics of cybercrime.
Victimology Review Of Victims Of Criminal Acts Of Destruction Of Goods (Case Study Decision Number: 247/Pid.B/2023/PN.Grt) Prawitasari, Nining Yurista; Dharmawi, Muhammad Zulkarnaen; Sifah Faujiah
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.v6i4.3222

Abstract

The method for research uses normative juridical concepts. Protection in Law no. 13 of 2006 is interpreted as all efforts to fulfill rights and assistance to provide a sense of security to witnesses and/or victims which must be implemented by LPSK or other institutions in accordance with the provisions of this Law. The important role of witnesses and victims in bringing light to a criminal case means it is also important to provide protection for these witnesses and victims. In terms of victimology, victims are seen as very important in resolving cases (judge decisions), because victims are people who play a direct role when a crime occurs. Then there are protection efforts and rights provided by Victimology to victims. Legal protection for victims in Victimology studies is legal protection in the form of restitution and compensation, counseling protection and legal aid. Protection of crime victims is part of the legal protection of Indonesian citizens. The victim's right to justice is a human right of every person who has the right to support, recognition, protection and fair treatment as well as ensuring the supremacy of law and equal treatment before the law.
Bullying Among Students in Bengkulu City : A Perspective from the Differential Association Theory Ramdhan, Safira Wulansari; Rahmasari, Helda; Pradityo, Randy
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.v6i4.3228

Abstract

Violence such as bullying often occurs in the school environment, which should be a safe place to get protection. The number of bullying cases that occur among students has spread to all regions in Indonesia, including Bengkulu city. This shows that it is important to carry out comprehensive enforcement and that specific regulations are needed to prevent, protect, and resolve bullying. The problems in this study focused on the forms and characteristics of bullying behaviour that occurred and the factors that caused bullying by being analysed through differential association theory to be able to solve those problems by analysing it with the theory. This study uses a type of empirical research with the data sources used as primary data derived from interviews and questionnaires and secondary data in the form of literature studies. The results of the study found that the form of bullying that often occurs among students in Bengkulu City is verbal bullying with behavioural characteristics in the form of calling other students with abusive nicknames and being used as funny material, threatening and forcing someone, mocking and calling parents names. The factor that causes students to bully is because the family and environment have a negative impact on the character of students. In terms of differential association theory, these factors are in accordance with several propositions in theory, so students tend to study bullying behaviour from the surrounding environment.
Corporate Social Responsibility Model of The Tobacco Industry in Supporting Economic Development iThis study examines the implementation of Corporate Social Responsibility (CSR) by the tobacco industry as a strategic instrument for supportin Kudus Regency W, Lidya Christina; Suparnyo, Suparnyo; Achmad H, Dwiyana; Amrulloh, Wahyu Edy; Surya P, Nandha; Sufa, Kathya Irsmi
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.v6i4.3229

Abstract

This study examines the implementation of Corporate Social Responsibility (CSR) by the tobacco industry as a strategic instrument for supporting regional economic development and enhancing community welfare in Kudus Regency. The object of this research is the CSR practices of tobacco companies and their impact on community empowerment and local economic independence in a region highly dependent on the tobacco sector. This research employs a descriptive qualitative method with a socio-juridical approach. Data were collected through literature review and field research involving local government officials, tobacco companies, and community beneficiaries. The study also analyzes the conformity of CSR implementation with applicable legal regulations. The findings reveal that CSR implementation by the tobacco industry in Kudus Regency has been conducted in accordance with the legal framework and contributes significantly to community welfare and regional economic development. CSR programs include community empowerment, MSME development, BUMDes training, educational infrastructure improvement, and strengthening of the local economy. The role of local government as a facilitator enhances program effectiveness. In conclusion, CSR in the tobacco industry not only fulfills legal obligations but also functions as a collaborative and sustainable model for regional economic development oriented toward community economic independence.
Juridical Analysis of the Determination of Suspects and Asset Recovery Efforts at the Lebong Resort Police (Case Study on the Investigation of Corruption Crimes PIID-PEL in Sukau Kayo Village, Lebong Atas District, Lebong Regency, Fiscal Year 2019) Ikhram Nur Azan
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.v6i4.3230

Abstract

The investigation process of the corruption case of the Pilot Incubation of Village Innovation-Local Economic Development (PIID-PEL) in Sukau Kayo Village for the 2019 Fiscal Year has established three suspects and seized cash amounting to Rp.71,000,000 (seventy-one million rupiah). The objectives of this research are: (1). To understand the process of evaluating evidence to determine suspects in corruption cases, and (2). To understand how investigators from the Anti-Corruption Unit of the Lebong Police Criminal Investigation Unit attempt to recover assets from corruption in the investigation of the PIID-PEL activities of the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration of the Republic of Indonesia in Lebong Atas District, Lebong Regency, Fiscal Year 2019. The type of research is empirical research. Using qualitative methods. Data collection was conducted thru in-depth interviews and secondary data collection. The results of this study show: (1) The process of evaluating evidence to establish a suspect in this case is carried out by investigators and assistant investigators who assess 4 (four) pieces of evidence in the form of witness statements, expert testimony, documents, and the suspect's statement. The evaluation results indicate that the legal subject is reasonably suspected and strongly presumed to have committed a corruption crime. (2) The method used by the Corruption Eradication Unit of the Lebong Police Criminal Investigation Unit in efforts to recover assets from corruption crimes (Asset Recovery) at the investigation stage is by conducting asset tracing, where the results of the asset tracing activities provide information about the flow of money, and the investigator makes efforts to seize the assets.
Legal and Ethical Debate on Escorts on Public Roads: A Comparative Case Study Sebastian, Muhammad vino; Akmala, Ali Faza; Torin, Muhammad Farrel Arrizky; Soegiarto, Ronald Christyanto
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.v6i4.3231

Abstract

Abstract: This research provides an extensive inquiry into the systemic conflict between judicial mandates and administrative finality within the Indonesian electoral justice system. By focusing on the high-profile disqualification and subsequent legal reinstatement of DPD candidate Irman Gusman, this study dissects the implementation of the principle of legal certainty (asas kepastian hukum) amidst the rigid progression of election stages. Using a normative-juridical framework, the paper evaluates the Jakarta State Administrative Court’s (PTUN Jakarta) findings regarding procedural maladministration and substantive misinterpretations of criminal law by the General Election Commission (KPU). Furthermore, it explores the broader implications of institutional resistance, where the KPU utilized the "non-executable" doctrine to ignore a final and binding court order. The eventual resolution through the Constitutional Court’s (MK) intervention, which ordered a province-wide re-vote, serves as a testament to the high cost of administrative disobedience. This study concludes that the lack of synchronization between judicial timelines and logistical calendars creates a "crisis of certainty" that requires urgent legislative reform to ensure that the rule of law (rechtsstaat) remains the ultimate arbiter of democratic eligibility.
Legal Protection of BP Batam Port Assets from the Perspective of the Security Directorate Bahtiar, Bahtiar; Maileni, Dwi Afni; Riyanto, Agus; Bhakti, Rizki Tri Anugrah
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.v6i4.3234

Abstract

Abstract: This article examines the legal protection of BP Batam’s port assets from the perspective of the Security Directorate (Ditpam), focusing on civil liability, administrative safeguards, and coordination. Batam’s port infrastructure forms part of a strategic free-port regime and therefore constitutes state assets essential to logistics, investment, and connectivity. The study asks how the legal status of those assets is constructed, how Ditpam functions within the institutional framework, and what legal remedies are available when assets are damaged, occupied, misused, or exposed to governance failures. The research employs a normative juridical method based on statutory, conceptual, and institutional analysis, supported by official reports and relevant empirical materials. The analysis shows that BP Batam’s port assets enjoy a relatively strong legal foundation because they form part of state property managed under a special regulatory regime. Nevertheless, effective protection depends not only on formal ownership status but also on security supervision, orderly land administration, lawful asset utilization, and timely coordination with other authorities. The article concludes that legal protection will remain incomplete unless regulatory clarity, institutional capacity, and governance accountability are strengthened simultaneously.
Comparison of Murder Criminal Law Based on Indonesia Criminal Law and Islandia Criminal Law Ressi Nulastri
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.v6i4.3235

Abstract

Murder in Indonesia is still rampant, over the past four years there has been an increase in murder in Indonesia. In the context of comparative countries, an interesting country to compare is Islandia, because Islandia is the country with the lowest murder crime rate in the world. Therefore, this legal research aims to determine the substance of the crime of murder based on the Criminal Law in Indonesia and the Islandia Criminal Law and to determine the criminal policy towards the crime of murder in Indonesia in the future. This research is a normative legal research using a statute approach, a comparative approach, and a conceptual approach. The legal materials used in writing this law are primary, secondary, and tertiary legal materials. Primary legal materials are in the form of the Indonesian Criminal Code and the Islandia penal code while secondary legal materials are in the form of journals, theses, books, the internet, and tertiary legal materials are in the form of the Big Indonesian Dictionary, the Legal Dictionary, and scientific reports related to criminal law and the crime of murder. The legal material collection technique used is library research, and the legal material analysis technique uses the deductive method.
Decline of Local Democracy: Legal Vacancies, Non-Ideological Coalitions, and the Phenomenon of Single Candidates in Regional Elections in Indonesia Pratama, Romadhony Putra; Cornelis, Vieta Imelda; Astutik, Sri; Handayati, Nur; Isnawati, Isnawati
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.v6i4.3239

Abstract

The consolidation of democracy in post-Reform Indonesia is currently facing an "illiberal turning point" that systematically erodes the essence of people's sovereignty at the local level through manipulative legal engineering. The urgency of this research is based on the institutional paradox due to the synchronization of the 2024 Simultaneous Regional Elections which triggered mass vacancies and the strengthening of elite hegemony. This study aims to analyze the dialectic of power recentralization through the appointment of Acting Regional Heads, the construction of the doctrine of factual tenure based on the Constitutional Court Decision Number 132/PHPU. BUP-XXIII/2025, as well as the challenges of political cartelization to elite circulation and freedom of choice The main findings of this study show the existence of a "triad of democratic regression" which includes: (1) a crisis of sociological legitimacy due to the appointment of 271 acting regional heads that are centralistic and closed; (2) the establishment of the doctrine of factual tenure as an instrument of substantive justice to prevent the manipulation of tenure by incumbents; and (3) the anomaly of political party cartelization that actually consolidates giant coalitions to create a single candidate even though the nomination threshold has been lowered through the Constitutional Court Decision Number 90/PUU-XXIII/2025. These findings contribute to the understanding that current legal norms tend to be used as instruments of political exclusion to maintain the status quo of the elite. The conclusion of the study confirms that local democracy is undergoing a substantial erosion into just an administrative plebiscite. The implication is that it demands a more strict revision of the Election Law and total transparency in the mechanism for appointing officials. The suggestion for further research is to conduct an empirical evaluation of bureaucratic neutrality under the leadership of the acting and the effectiveness of civil society movements in fighting electoral monopolies.

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