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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 1,289 Documents
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Disparity in Court Determinations on Interfaith Adoption: A Study on Legal Certainty in Judicial Practice Saffana Ayu Azzahra; Hazar Kusmayanti; Sherly Machmud Imam Slamet
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.v6i4.3255

Abstract

The adoption of children of different religions in Indonesia has been normatively regulated under positive law; however, in judicial practice, discrepancies in court determinations are still found in cases involving similar legal facts. This is evident in the Determination of the Gianyar District Court Number 76/Pdt.P/2025/PN Gin and the Determination of the Banyumas District Court Number 9/Pdt.P/2018/PN Bms, where judges rendered differing decisions regarding applications for interfaith adoption. In one determination, the application was granted by taking into account customary law and the best interests of the child, whereas in the other determination, the application was rejected by emphasizing the requirement of religious conformity under positive law. This study aims to analyze the judges’ legal reasoning as well as the factors contributing to the disparity in determinations of interfaith adoption from the perspective of legal certainty theory. The research employs a normative legal method with statutory, case, and conceptual approaches. Legal materials are collected through library research and analyzed qualitatively. The results indicate that the disparity in determinations is caused by differences in judicial interpretation of the requirement of religious conformity, the application of the principle of the best interests of the child, and the influence of legal pluralism in judicial practice.
Fairness for Creditors in Bankruptcy Proceedings: Between Certainty and Economic Interests Imam Nurhadi; Huzaimah Al-Anshori; Ali Huristak Hartawan Hasibuan
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.v6i4.3259

Abstract

This study aims to analyze the concept of creditor justice in bankruptcy proceedings in Indonesia, with a particular focus on the tension between legal certainty and economic interests. Bankruptcy, as a legal mechanism for debt settlement, often places creditors in an unequal position, especially in relation to the different classifications of creditors, namely secured creditors, preferred creditors, and unsecured creditors. This research employs a normative juridical method with statutory and conceptual approaches, referring to Law No. 37 of 2004 and relevant legal literature on bankruptcy and suspension of debt payment obligations (PKPU). The findings indicate that although the Indonesian bankruptcy system provides legal certainty through clear, structured, and relatively fast procedures, substantive justice for all creditors has not been fully achieved. This is reflected in the unequal distribution of bankruptcy assets, where unsecured creditors often occupy the most disadvantaged position. In addition, the PKPU mechanism, which is intended as a debt restructuring tool, also faces practical challenges, including the potential misuse by debtors acting in bad faith. These conditions demonstrate that the bankruptcy system still encounters difficulties in balancing legal certainty with economic fairness. Therefore, regulatory strengthening and improved supervision are required to create a more balanced, fair, and effective system that better protects the interests of all parties, particularly creditors.
Juridical Analysis of the Application of Bankruptcy Requirements in Commercial Court Practice in Indonesia Yuli Sarwanto; Siciliya Mardian Yoel; Nur Chasanah
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.v6i4.3260

Abstract

This study sets out to analyze the practical implementation of bankruptcy requirements in Indonesia’s commercial courts, along with its impact on the legal safeguards available to both debtors and creditors. According to Indonesian law specifically Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations a bankruptcy petition requires at least two creditors and one payable debt that has matured. Adopting a normative juridical approach, the research draws on statutory and conceptual frameworks, and qualitatively examines primary, secondary, and tertiary legal sources. The results show that in commercial court practice, the enforcement of bankruptcy conditions tends to focus on formal criteria via the simple proof doctrine, often overlooking a comprehensive review of the debtor’s financial standing. This gives rise to several juridical issues, including the absence of an insolvency test, the potential misuse of bankruptcy as a pressure tool by creditors, and inconsistencies in court decisions interpreting “due and payable debt.” The implications reveal an imbalance in legal protection between debtors and creditors. Debtors are vulnerable to being declared bankrupt despite being solvent, while creditors may suffer losses due to premature proceedings. Therefore, optimization is needed through legal reformulation, strengthening jurisprudential guidelines, and enhancing the effectiveness of the Suspension of Debt Payment Obligations (PKPU) mechanism. In conclusion, the application of bankruptcy requirements in Indonesia still requires improvement to better reflect the principles of justice, legal certainty, and utility in a balanced manner.
The Implementation of Due Process of Law in Protecting Suspects’ Rights at the Investigation Stage in Indonesia Sylvia Nanda Putri; Diyan Isnaeni; Moh. Muhibbin
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.v6i4.3262

Abstract

This study examines the protection of suspects’ rights during the investigation process, which continues to reveal a gap between legal norms and practice. The objective is to analyze the implementation of the principle of due process of law in ensuring the protection of suspects’ rights at the investigation stage in Indonesia. A normative legal research method is employed using statutory and conceptual approaches with qualitative analysis. The findings indicate that although protection has been established through the Criminal Procedure Code and constitutional guarantees, its implementation remains influenced by an efficiency-oriented approach, weak oversight, and limited access to legal assistance. These conditions contribute to procedural violations such as coercive interrogation and wrongful suspect designation. Strengthening the principle of due process of law through criminal procedure reform, improved institutional accountability, and more active oversight mechanisms is therefore essential to achieve a fair criminal justice system that respects human rights.
Analysis of Weaknesses of Administrative Fine Regulations in Countering Illegal Cigarette Circulation in Mataram City Syahrurrozi Rumenah; Diana Lukitasari
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.v6i4.3263

Abstract

Analysis of the weaknesses of administrative fine regulations in countering the circulation of illegal cigarettes in Mataram City. This research is motivated by the still high circulation of illegal cigarettes in Mataram City even though law enforcement has been intensively carried out by the relevant authorities. This study aims to analyze the regulation of administrative fine sanctions in Law Number 39 of 2007 concerning Excise and examine the weaknesses of these regulations in providing a deterrent effect on violators. The research method used is normative juridical combined with an empirical approach through interviews and documentation studies. The results of the study show that the regulation of administrative fine sanctions is more oriented to the fiscal function, namely the recovery of state losses, rather than the function of deterrence against the perpetrators. In practice, the sanctions are not effective because the amount of the fine is not proportional to the perpetrator's profits, supervision is still limited, and the public's legal awareness is low. The conclusion of this study emphasizes that the weakness of administrative sanctions lies not only in the implementation, but also in the design of regulations that have not been able to accommodate the prevention function optimally.
Digital Checks and Balances: Strengthening Constitutional Stability through E-Oversight for Government Accountability Doing Muhammad; Ali Bujang; Octaviani Dina
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.v6i4.3271

Abstract

Strengthening the principle of checks and balances is a fundamental requirement for maintaining constitutional stability and ensuring government accountability. However, conventional oversight mechanisms still face various weaknesses, particularly in transparency, public participation, the effectiveness of detecting irregularities, and responding to developments in digital technology. This study aims to analyze the potential of E-Oversight as a digital oversight model to strengthen constitutional stability and enhance government accountability. This study uses qualitative legal methods with a juridical-normative and socio-legal approach. Data were collected through literature reviews, analyses of laws and regulations, reviews of policy documents, and interviews with relevant stakeholders. Data were analyzed descriptively and qualitatively by identifying legal norms, categorizing findings, and interpreting the relationship between digital oversight, accountability, and constitutional stability. The results show that conventional oversight systems are not fully effective in ensuring government accountability because they are still partial, administrative, and less responsive. Digitalization of oversight through E-Oversight has significant potential to increase transparency, expand public participation, accelerate the detection of irregularities, and strengthen oversight of government officials. However, the implementation of e-Oversight still faces obstacles, including limited digital infrastructure, suboptimal supporting regulations, low public digital literacy, and the need for a more comprehensive, integrated oversight system. This study concludes that e-Oversight can be a strategic instrument in strengthening digital checks and balances to support constitutional stability and government accountability. The implications of this study emphasize the need for strengthened regulations, integrated digital oversight platforms, increased digital literacy, and collaboration among the government, oversight institutions, and the public in building a transparent, participatory, and constitutional oversight system.
The Evolution of Shariah Influence in Government Procurement of Goods and Services: Historical Growth and Legal Certainty of Contractor Payment Gatot Supriyo; Dini Dewi Heniarti
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.v6i4.3272

Abstract

Government procurement of goods and services, as the largest instrument of state expenditure, must be imbued with divine values in accordance with Article 29 of the 1945 Constitution of the Republic of Indonesia, which in the context of Indonesia's Muslim majority population contains the potential for the integration of shariah principles. However, empirical reality demonstrates delayed contractor payments that disrupt cash flow and project continuity, as evidenced by the Waskita Karya case of 2023. This study aims to analyze the historical evolution of shariah principle influence in the Indonesian government procurement system and the extent to which its implementation provides legal certainty of payment for contractors. The research employs a normative legal research method with historical, statutory, and conceptual approaches, analyzing hierarchical regulations from the 1945 Constitution to implementing regulations using the theories of Savigny (historical jurisprudence), Radbruch (the purpose of law), and maqashid syariah (hifdz al-mal). The results demonstrate shariah evolution through four periods: the pre-regulation era (1973 to 1999, shariah vacuum), the reform era (2000 to 2007, independent regulation), SBSN integration (2008 to 2017, Law No. 19/2008), and expansion (2018 to the present, Government Regulation No. 16/2023). Substantive implementation is present through the State Treasury Law No. 1/2004, Ministry of Finance Regulation No. 145/2017 (advance payment), and Government Regulation No. 22/2020 (14-day limit), yet remains empirically problematic due to bureaucratic obstacles and weak enforcement. The study concludes that the pattern of gradual shariah penetration has succeeded in the financing domain (SBSN), but remains partial in the procedural domain. The recommendations include explicit codification of shariah contractual principles and late-payment sanctions for comprehensive legal certainty
The Evaluation of Personnel Policies in Public Service Agencies After the Implementation of Law Number 20 of 2023 Concerning State Civil Apparatus Ageng Kerta Perwira; Adiwarman Adiwarman
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.v6i4.3280

Abstract

This study evaluates the implementation of Law Number 20 of 2023 concerning the State Civil Apparatus and its impact on the flexibility of human resources management in Public Service Agencies in Indonesia. Using descriptive content analysis with Dunn's policy evaluation framework, this study highlights the conflict between national bureaucratic standardization and the dynamic operational needs of Public Service Agencies. The analysis indicates that this policy is ineffective and inadequate because it threatens the continuity of specialist services; 16.93% of Public Service Agencies employees are non-State Civil Apparatus, with the figure reaching 40.51% for specialist doctors in the health sector. In terms of efficiency and responsiveness, the ban on recruiting non-State Civil Apparatus personnel hinders Public Service Agencies agility in responding to market needs and increases bureaucratic burdens. An evaluation of equity and appropriateness concludes that a one-size-fits-all approach risks reducing the quality of public services and international competitiveness, as evidenced by the decline in Maturity Rating scores for several Public Service Agencies sub-clusters. This study recommends the need for derivative regulations that provide discretion for Public Service Agencies to manage professional staff independently in order to harmonize regulatory integrity with service flexibility.
Legal Uncertainty of Auction Winners Regarding The Non-Execution of Eviction Due To Lawsuits Amaynia Anggun Rosita; Gicela Sonbay; Bimaryudho Dhimas Kurnia Armadha
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.v6i4.3282

Abstract

This study examines the legal uncertainty faced by winners of mortgage execution auctions in obtaining physical possession of auction objects due to lawsuits. The problem arises from the inconsistency between Article 207 paragraph (3) of the HIR, which states that opposition lawsuits do not suspend execution, and the 2019 District Court Execution Guidebook, which permits temporary suspension. Divergent interpretations at the district court level create non-uniform application of law that is detrimental to good-faith auction winners. This research employs a normative juridical method with statute, conceptual, and comparative approaches. The findings demonstrate: first, lawsuits filed by debtors or third parties who cannot prove legitimate ownership rights should not be able to suspend eviction execution; second, auction winners who have obtained the Auction Minutes (Risalah Lelang) as an authentic deed are entitled to full legal protection, both preventive and repressive, including the right to compensation if execution is unlawfully delayed. This study recommends the need for firm and synchronized regulations to guarantee legal certainty for auction winners.
Sanctions Against Perpetrators of Defamation In Law Number 1 of 2023 Concerning Criminal Law Regulations Rahmides Utami; Irsyad Shabri; Harniwati Harniwati; Gustavianof Gustavianof
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.v6i4.3288

Abstract

This study aims to determine the sanctions for perpetrators of criminal defamation in Law Number 1 of 2023 concerning Criminal Law Regulations. The Criminal Code (KUHP) regulates the protection of a person's honor and good name through provisions regarding the crime of defamation. These provisions aim to prevent and prosecute acts that attack an individual's reputation or dignity in society. Through existing criminal provisions, the KUHP provides legal guarantees for everyone to ensure that their honor and good name are protected. The research specification is descriptive analytical, with a normative juridical approach method, namely a legal research method that analyzes the principles, rules, and norms of laws and regulations, agreements, and legal doctrine. The type of data used is secondary data. The results of the study indicate that the crime of defamation is an act that attacks a person's honor or reputation by accusing something that can be known to the wider community, thus causing moral and social harm to the victim. In the Indonesian criminal law system, defamation was previously regulated in Articles 310-321 of the old Criminal Code and was later updated in the new Criminal Code through Law Number 1 of 2023. In the new Criminal Code, these provisions are regulated, among others, in Article 433 and other related articles, covering various forms of insult, slander, false accusations, and false accusations, which carry the threat of criminal sanctions in the form of imprisonment or fines. This regulation demonstrates that Indonesian criminal law continues to protect the honor and good name of individuals as part of personal rights that must be upheld in social life.

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