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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 1,342 Documents
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The Juridical Review of Oral Land Sale and Purchase Agreements in the Community According to Customary Law in Central Kalimantan Amini, Cahaya Rusellia; Yestati , Ariani; Januardy, Ivans
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.v5i5.2033

Abstract

This research examines the juridical review of the practice of oral land sale and purchase agreements in indigenous communities in Central Kalimantan. Indigenous people still maintain oral-based sale and purchase mechanisms that are considered valid according to local customary law, as long as they are witnessed by traditional leaders and fulfill elements of trust and mutual agreement. Although recognized by custom, this kind of agreement has the potential to cause agrarian conflicts because it does not have sufficient evidentiary power before national law. This research uses a normative juridical approach, by reviewing legislation and interviews with indigenous community leaders. The results show that customary law and national law have common ground in the recognition of land rights, but there needs to be synchronization so that indigenous peoples do not lose their rights due to the lack of written evidence. This research emphasizes the importance of legal protection of local practices through formal recognition and recording mechanisms in accordance with local customary values
Application of the Principles of Legality and Due Process of Law in the Indonesian National Police Personnel Dispute: A Legal Analysis of the Jakarta Administrative Court Decision Number 50/G/2020/PTUN.JKT Cordelia, Anastasia; Matulandi, Sabina Abigail; Lawira, William; Nugraha, Dwi Putra
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.v6i4.3224

Abstract

Penelitian ini bertujuan untuk menganalisis apakahpenerbitan keputusan tersebut telah memenuhi asas legalitasdalam hukum administrasi negara serta apakah proses pemeriksaan dan penerbitannya telah mencerminkan prinsipdue process of law dan memberikan perlindungan hukum yang adil bagi pihak yang bersangkutan. Metode yang digunakanadalah penelitian hukum normatif dengan pendekatanperaturan perundang-undangan, pendekatan kasus, dan pendekatan konseptual melalui analisis putusan pengadilan, peraturan perundang-undangan, dan literatur hukumadministrasi negara. Hasil penelitian menunjukkan bahwasecara kewenangan formal keputusan tersebut telah memilikidasar hukum yang sah, namun terdapat indikasi kelemahanpada aspek prosedural dan substansial yang berpengaruhterhadap penerapan asas legalitas secara utuh. Selain itu, proses pemeriksaan dinilai belum sepenuhnya mencerminkanprinsip due process of law karena terdapat kekurangan dalampemenuhan hak untuk didengar, transparansi, sertaobjektivitas pemeriksaan. Kesimpulan penelitian inimenegaskan bahwa penerapan asas legalitas dan due process of law dalam perkara PTDH tersebut belum sepenuhnyaterpenuhi secara optimal dalam praktik administrasikepolisian. The study aims to analyze whether the issuance of the decision complies with the principle of legality in administrative law and whether the examination and decision-making process reflects due process of law and provides fair legal protection for the concerned individual. This research uses a normative legal method with statutory, case, and conceptual approaches by analyzing court decisions, relevant legislation, and legal literature in administrative law. The findings indicate that while the decision has a valid formal legal basis in terms of authority, there are indications of deficiencies in procedural and substantive aspects affecting the full application of the principle of legality. In addition, the examination process does not fully reflect due process of law due to shortcomings in the right to be heard, transparency, and objectivity of the proceedings. The study concludes that the implementation of both the principle of legality and due process of law in this dismissal case has not been optimally fulfilled in police administrative practice.
Digital Evidence And Its Challenges In Indonesian Civil Law Sunardi, Heru; Jamaludin, Jamaludin; Moh. Asyiq Amrulloh; Dewi Hikmayatun Ulya
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.v6i4.3232

Abstract

Abstract This research was conducted with the aim of finding out the legal basis, challenges and legal solutions faced in digital evidence in electronic contract disputes in Indonesia. The type of research used in this research is normative legal research using statutory and conceptual approaches. The results of this research show that: 1) The legal basis for digital proof of electronic contract disputes is regulated in the ITE Law and the Civil Code. The ITE Law is regulated in Article 1 paragraph (17) and Article 5 paragraph (1). Meanwhile, the Civil Code is regulated in Article 1320, Article 1338 and Article 1866 of the Civil Code. 2) The challenges of digital proof of electronic contract disputes include three aspects, namely: The judicial aspect (judges are still hesitant in considering authentic electronic documents as valid evidence), the technical aspect (it is difficult to guarantee the authenticity of data without special expertise), and the legal aspect (there are no formal rules in civil procedural law regarding procedures for electronic proof). The solutions that can be implemented are by strengthening the capacity and technical guidelines for law enforcement officials, strategic efforts are needed to ensure the authentication, integrity and reliability of electronic evidence presented at trial, as well as reformulating civil procedural law and harmonizing other regulations relating to electronic evidence.
The Role Of Visum Et Repertum In Domestic Violence Cases: A Case Study Of Decision Number 310/Pid.Sus/2025/Pn Ckr Eliagita, Choralisa; Eryke, Herlita
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.v6i4.3236

Abstract

Domestic violence in Indonesia poses serious evidentiary challenges due to minimal independent witnesses and its occurrence within private family spaces. Visum et Repertum (VeR), as a medico-legal document, plays a strategic role in the criminal evidence system by providing objective proof of physical violence. This study analyzes VeR’s role in proving domestic violence cases, identifies implementation obstacles, and examines judicial considerations based on Decision Number 310/Pid.Sus/2025/PN Ckr. A normative juridical approach with case study method was employed, analyzing secondary legal materials through prescriptive-analytical qualitative analysis. The findings reveal that VeR performs essential functions in objectively documenting injuries, connecting wound characteristics with instruments of violence, strengthening victim testimonies, and serving as a primary judicial consideration in establishing the elements of Article 44 paragraph (1) of the Domestic Violence Elimination Law. In this case, VeR formed a coherent evidentiary construction with witness testimonies and physical evidence, resulting in an eight-month imprisonment sentence for the perpetrator.
The Urgency of Strengthening Pretrial Mechanisms in Controlling Coercive Measures within the Indonesian Criminal Justice System Imron Rosyadi
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.v6i4.3227

Abstract

This study is grounded in the growing concern over the limited effectiveness of pretrial mechanisms in supervising coercive measures exercised by law enforcement, which may lead to violations of individual rights and abuse of authority. The research aims to analyze normative weaknesses in the regulation of pretrial proceedings and to formulate a strengthened model of judicial control within the Indonesian criminal justice system. This study employs a normative legal research method using statutory, conceptual, and case approaches, with legal materials derived from primary sources such as the Criminal Procedure Code, relevant laws, and constitutional court decisions, as well as secondary legal literature, all examined through a normative and interpretative legal analysis. The results indicate that despite the expansion of pretrial objects through constitutional interpretation, significant gaps remain in evidentiary standards, judicial authority, and procedural safeguards. This research offers a novel framework by proposing a more substantive and procedural strengthening of pretrial mechanisms aligned with the principles of due process of law. It concludes that reinforcing pretrial institutions is essential to ensure legal accountability and the protection of fundamental rights within the criminal justice system.
Exploring The Experiences Of Sexual Abuse Victims In The Forensic Examination Process At The Rejang Lebong Regional Public Health Facility Nova Kristi Fransiska; Herlita Eryke; Marliz Tarmizi
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.v6i4.3240

Abstract

This study examines the experiences of child and adolescent sexual abuse victims during the forensic examination process at health facilities in Rejang Lebong. Sexual violence against children is a serious and complex problem that requires a multidisciplinary approach to its handling. Based on in-depth interviews and prior literature, it was found that the forensic examination process frequently causes deep psychological trauma to victims, particularly when procedures are conducted invasively and without adequate empathy. Many victims reported feeling afraid, anxious, and disrespected, especially when officers failed to apply a trauma-informed approach or to maintain their privacy. Their experiences highlight the critical need for humane services characterized by empathetic communication and comfortable, safe facilities. The findings indicate that conducting examinations in a sensitive, transparent manner that respects human rights is essential for reducing ongoing trauma and strengthening victims' trust in the legal system and healthcare services. Trauma-informed care approaches, continuous training for personnel, and improvements to facilities and awareness of victims' rights are proposed as principal strategies to ensure that the forensic process is conducted humanely and effectively. Overall, this study underscores the importance of a trauma-informed approach within the healthcare system and law enforcement to protect the human rights of victims and minimize the long-term effects of trauma
Normative Analysis of the Implementation of Murabahah Contracts in Consumer Financing at Islamic Banks Dini Marissa; Budi Abdullah
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.v6i4.3247

Abstract

Islamic banking in Indonesia has shown rapid growth, with murabahah contracts emerging as the dominant financing instrument, accounting for more than 60% of the total financing portfolio. Murabahah is preferred due to its simplicity and relatively low risk. However, its implementation in practice often deviates from normative provisions. Key issues include a lack of transparency in profit margins, the bundling of additional costs, and weak real ownership of goods by the bank. This study aims to analyze the application of murabahah contracts in consumer financing within Islamic banks from the perspective of positive law and the principles of fiqh muamalah. The research employs a normative juridical method, using primary legal sources (Law No. 21 of 2008, DSN-MUI Fatwa No. 04/2000, and PSAK Syariah No. 102), secondary legal materials (fiqh muamalah literature and Sinta 2/3 indexed journals), and tertiary materials. The analysis is conducted through statutory, conceptual, and comparative approaches. The findings indicate a gap between regulation and practice: banks often do not bear the risks associated with ownership of goods, causing murabahah contracts to lose their fundamental nature as sale-and-purchase agreements and resemble conventional credit schemes. The legal implications extend beyond maladministration to potential violations of sharia principles, which may render the contract fasid (defective). This study recommends strengthening murabahah governance through ownership audits and enhanced margin transparency, so that murabahah practices can better reflect maqasid al-shariah and improve public trust in Islamic banking.
The Abuse of Freedom of Speech in the Digital Era: Social Media in the Perspective of Constitutional Law Ridwan Syaidi Tarigan; Antonius Felix
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.v6i4.3248

Abstract

Freedom of expression in digital spaces confronts increasingly complex constitutional challenges as social media becomes the dominant arena of contemporary public discourse. This study examines the abuse of expressive freedom on social media through a constitutional law framework, integrating normative-doctrinal analysis with multistakeholder empirical inquiry. The primary theoretical contribution lies in the construction of a constitutionally grounded analytical framework that evaluates digital speech regulation against the principles of lex certa, proportionality, and legal certainty as mandated by the 1945 Indonesian Constitution. The study engaged 25 purposively selected respondents across four strategic groups social media users, law enforcement officials, legal practitioners, and constitutional law academics to ensure normative depth alongside implementation insight. Findings reveal a constitutionally significant gap between the expressive freedom guarantees under Article 28E and the operational realities of ITE Law enforcement. The statute demonstrably produces structural chilling effects that suppress constitutionally protected expression, violates the proportionality standard embedded in Article 28J, and fails the lex certa threshold due to its high degree of normative ambiguity. This study argues that meaningful digital regulatory reform demands not merely technical revision but a paradigmatic reorientation that repositions freedom of expression as a primary constitutional value rather than a residual concession. A hybrid governance model integrating regulatory oversight with community-based moderation mechanisms, anchored within a coherent constitutional framework, is proposed as a principled and sustainable solution.
Implementation of Free Universal Health Coverage (UHC) by the Social Security Administering Body (BPJS) Reviewed From the Perspective of Health Law Susi Sulastri; N. Ike Kusmiati
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.v6i4.3251

Abstract

This study examines the implementation of free health insurance under the Social Security Administering Body (BPJS) within the framework of Universal Health Coverage (UHC) in Indonesia from a health law perspective. The main objective is to analyze the extent to which legal regulations governing BPJS are effectively implemented and aligned with the principles of justice, legal certainty, and legal protection. This research employs a normative juridical design, utilizing statutory and conceptual approaches. The data sources consist of secondary data, including laws and regulations, academic literature, and relevant policy documents, which are analyzed using qualitative descriptive methods. The findings indicate that although the legal framework supporting BPJS and UHC is relatively comprehensive, its implementation faces several challenges. These include inaccuracies in beneficiary data targeting, disparities in healthcare service distribution, administrative inefficiencies, and limited legal protection for both patients and healthcare providers. Such issues demonstrate a gap between normative legal provisions and practical realities, thereby hindering the optimal realization of UHC objectives. The study concludes that while free BPJS has significantly expanded healthcare access and reduced financial barriers, its effectiveness depends on improvements in governance, legal enforcement, and institutional coordination. Strengthening regulatory consistency, enhancing data systems, and improving service delivery mechanisms are essential to achieving equitable and sustainable healthcare. This research contributes to the development of health law and policy by providing recommendations to optimize UHC implementation in Indonesia.
An Analysis of Digital Institutional Capacity and Personal Data Protection Policy Implementation in Indonesia : A Systematic Literature Review Abednego Briantama; Muhamad Yopan
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.v6i4.3253

Abstract

This study conducts a systematic literature review to examine institutional capacity in the implementation of personal data protection policy, with particular reference to Indonesia’s Ministry of Communication and Digital Affairs (Komdigi). Despite the enactment of Law Number 27 of 2022 on Personal Data Protection, persistent data breaches and institutional fragmentation raise critical questions about the readiness of public institutions to enforce such policy. Utilizing the PRISMA 2020 protocol, this review identifies and synthesizes 27 peer-reviewed articles published between 2023 and 2025 from Scopus, Cambridge, and Taylor & Francis databases. The analysis reveals four principal themes: structural and regulatory capacity, human resource and technological capacity, inter-institutional coordination, and institutional values and ethics. Findings indicate that effective data protection governance depends not merely on the existence of legal frameworks but on the adaptive, coordinative, and ethical capacities of implementing institutions. The review further highlights significant gaps in longitudinal research and calls for deeper empirical investigation into how digital institutional capacity shapes policy outcomes in developing countries.

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