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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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Legal Analysis of Rights Control Conflicts in the Utilization of Underground Space at the Podomoro Medan Basement Muhammad Ali Adnan; Vany Octavia Br Ginting; Atika Sunarto
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.v6i4.3291

Abstract

The utilization of underground space in integrated area development, particularly parking basements at Podomoro City Deli Medan, creates juridical consequences regarding land rights and legal relationships between developers, unit owners, and facility users. This study aims to analyze the legal implications of the control and utilization of underground space and to examine the forms of legal protection provided to unit owners and users. The research employed a normative juridical method using statutory and conceptual approaches through library research based on primary, secondary, and tertiary legal materials. The results indicate that the utilization of parking basements at Podomoro City Deli Medan does not yet have clear regulations regarding the legal status and limits of underground space control, resulting in differing interpretations between developers and unit users. This condition has led to conflicts in practice, including limited access, differences in facility functions, and commercially oriented management. The legal implications include the potential for breach of contract, unlawful acts, and legal uncertainty in the implementation of parking facility users’ rights. Therefore, stronger regulations and clearer arrangements regarding the status of basements are necessary in order to create legal certainty and balanced protection for all parties.
Improvements to the Appointment of Regional Heads through Direct Elections from the Perspective of Article 18, Paragraph (4) of the 1945 Constitution Zulwisman; Charles Simabura
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.v6i4.3297

Abstract

This study examines the constitutional ambiguity of Article 18, paragraph (4) of the 1945 Constitution of the Republic of Indonesia regarding the phrase “elected democratically,” which serves as the legal basis for regional elections in Indonesia. Although regulations have evolved through Law No. 10 of 2016 to strengthen popular sovereignty, the practice of direct regional elections has instead become trapped in a “democratic pathology” characterized by 82% dominance by capital (financiers) and TSM (Structured, Systematic, and Massive) fraud. This phenomenon results in popular sovereignty being hijacked by transactional interests. Using a legal-normative approach, this study asserts that the sole solution to safeguard the integrity of local leadership appointments lies in reconstructing the oversight model. The integration of strengthened Bawaslu authority with the digitization of participatory oversight (Gowaslu) and community cadre development (SKPP) is an absolute prerequisite for restoring the dignity of elections in alignment with the principles of deliberation and representation.
The Impact of Matchmaking on Family Harmony from the Perspective of Islamic Law: A Case Study in Klampar Village, Proppo District, Pamekasan Regency Nuris Sadad; Jamiliya Susantin
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.v6i4.3303

Abstract

This study examines the impact of matchmaking on family harmony from the perspective of Islamic law in Klampar Village, Proppo District, Pamekasan Regency. Matchmaking practices remain strongly maintained as hereditary traditions within Madurese society and are closely related to the preservation of lineage, kinship, and family honor. However, these practices often create tensions between cultural traditions and individual rights in determining marriage partners. This research aims to analyze the persistence of matchmaking traditions, their impact on household harmony, and the perspective of Islamic law regarding arranged marriages. The study employs an empirical legal research method with a qualitative approach. Data were collected through in-depth interviews, observation, and documentation involving married couples, parents, religious leaders, and community figures in Klampar Village. The findings reveal that matchmaking practices continue to be preserved because they are considered capable of maintaining family relationships and social values. Nevertheless, excessive parental intervention, lack of emotional readiness, and limited acquaintance before marriage frequently contribute to household conflict and disharmony. On the other hand, some couples successfully maintain harmonious relationships through adaptation, communication, religious commitment, and family support. From the perspective of Islamic law, matchmaking is permissible as long as it is conducted based on mutual willingness and without coercion. Therefore, achieving harmonious family relationships requires balancing cultural traditions with the individual rights emphasized in Islamic teachings.
Dispute Resolution Of State-Owned Housing Occupied By The Deceased Occupant’S Spouse Dedy Kurniawan; Sri Astutik; Valencia Nadya Paramita
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.v6i4.3305

Abstract

State-Owned Houses (RMN) are part of State-Owned Assets that function to support government administration and public services, and therefore their control falls under the regime of administrative law. In practice, the management of RMN often raises legal issues, particularly when official residences continue to be occupied by the widow of a deceased occupant after the lawful tenant has passed away. This situation creates disputes between the state as the asset owner and the occupant’s family, who emphasize social and humanitarian considerations. This study aims to analyze the legal status of RMN occupied by the widow of a deceased tenant and to examine the dispute resolution mechanisms in the context of protecting state assets fairly. The research employs normative legal methods with statutory and conceptual approaches, and analyzes legal materials qualitatively using a prescriptive-analytical method. The findings show that RMN cannot be inherited and may only be lawfully occupied based on valid administrative authorization, meaning that the widow of the deceased tenant has no legal basis to continue occupation without a new permit from the competent authority. Dispute resolution over RMN should be carried out gradually through administrative mechanisms, non-litigation processes, and litigation as the last resort. This study recommends consistent enforcement of administrative law, strengthening of measured administrative policies, and the provision of alternative social policies to ensure the protection of state assets without neglecting humanitarian values.
Integrating the Food-Energy-Water Nexus into Development Planning: A Literature Review on Collaborative Governance Fajri Kurniawan; Sidik Pramono
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.v6i4.3310

Abstract

The increasing complexity of global crises and escalating resource vulnerabilities demand cross-sectoral policy integration. The Food-Energy-Water (FEW) Nexus approach has been adopted in Indonesia as a strategic agenda within the National Medium-Term Development Plan 2025-2029 to achieve self-sufficiency targets. Responding to the challenge of institutional fragmentation during its implementation, this study aims to examine the landscape of collaborative governance within FEW Nexus-based development planning by mapping thematic trends, network patterns, and discussions from previous literature. This study applies a systematic literature review to 68 reputable journal articles from the Scopus database, published between 2016 and 2025, with data extracted and visualized using bibliometric analysis. The findings reveal that while research on nexus integration and governance is continuously growing, a disconnect persists between governance approaches and technical modeling—both quantitative and qualitative—within decision support systems. Furthermore, there is a notable gap in the literature specifically addressing national-scale collaborative action planning in Indonesia. Empirically, the study also finds that the implementation of the nexus approach is frequently hindered by sector mismatches, data asymmetry, and public sector dominance. Therefore, dismantling sectoral egos through inclusive and participatory planning, alongside strengthening the data-sharing ecosystem, are absolute prerequisites for building cross-level policy coherence to address the complexities of the FEW nexus.
Lesbian Identity Negotiation within Conservative Muslim Families: A Dramaturgical Perspective Amanda Tasya Hendrawati; Rizky Trisna Putri; Ahmad Ridwan
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.v6i4.3311

Abstract

This study examines the identity experiences of lesbian women within conservative Muslim family environments in Indonesia through the perspective of dramaturgical theory. The research was motivated by the complex social and religious pressures experienced by queer individuals in maintaining personal authenticity while preserving family acceptance. The study aimed to analyze how lesbian women negotiate identity, manage social expectations, and construct adaptive strategies within restrictive religious environments. This research employed a qualitative method with a phenomenological approach. Data were collected through in-depth interviews, digital observation, and documentation studies involving four female university students in Surabaya who had direct experiences in same-sex relationships and were raised in Muslim families with strong religious values. The findings reveal that participants continuously negotiated their identities through front-stage and back-stage performances in everyday life. Religious appearance, behavioral adaptation, and selective openness functioned as strategies for maintaining emotional security and social acceptance within family environments. In addition, safe spaces, supportive friendships, and digital platforms played significant roles in enabling identity expression and emotional resilience. This study contributes to discussions on queer Muslim identity, dramaturgy, religiosity, and social adaptation within contemporary Indonesian society.
Legal Protection of Notary Employees As Instrumental Witnesses In The Making of Notary Deeds Hais Subaga Athazada; Nuzulia Kumala Sari; Iwan Rachmad Soetijono
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.v6i4.3315

Abstract

The existence of notaries as public officials plays an important role in the drafting of authentic deeds, which function as perfect legal evidence in legal relationships within society. In the process of drafting authentic deeds, the presence of instrumental witnesses constitutes a formal requirement that must be fulfilled to maintain the authenticity of the deed. In notarial practice, instrumental witnesses are generally notary employees because they are considered to understand the procedures and technical aspects of deed Preparation. Problems arise when disputes concerning notary deeds occur, while legal protection for notary employees acting as instrumental witnesses have not been explicitly regulated under the Law on Notarial Office. This study aims to analyze the legal protection of notary employees acting as instrumental witnesses, the limits of their legal liability, and future legal arrangements regarding such protection. This research employs a normative legal method using statutory , conceptual , and case approaches. The results of the study indicates that the absence of explicit legal regulation concerning the protection of instrumental witnesses creates legal uncertainty in notarial practice. The legal responsibility of notary employees acting as instrumental witnesses is principally limited to formal aspects of deed execution rather than the substantive content of the deed. Therefore, a more comprehensive legal reform is necessary to provide legal certainty and protection for notary employees acting as instrumental witnesses.
Legal Study on Mediation as an Alternative for Dispute Resolution in the State Administrative Court Sulistyowati Sulistyowati; Gusti Bintang Maharaja; M. Rahman
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.v6i4.3345

Abstract

The concept of a state based on the rule of law consistently places judicial instruments as the primary pillar in upholding justice and limiting government power to prevent it from falling into the abyss of arbitrariness. The State Administrative Court was established with a constitutional mandate to provide equitable legal protection for citizens against detrimental state administrative actions. However, the evolution of administrative justice practices in Indonesia shows a tendency towards highly formalistic, rigid, and time-consuming adjudication processes, resulting in a backlog of cases across various judicial units. Amid this procedural impasse, discourse on integrating mediation as an alternative dispute resolution method has begun to emerge, particularly following the enactment of Supreme Court Regulation Number 1 of 2016 on Mediation Procedures in Court. This journal comprehensively examines the paradigm, legal probability, and empirical reality of the application of mediation in the state administrative court environment. Through a juridical-normative and sociological-empirical approach, this study seeks to dissect the legal position of mediation in the landscape of administrative disputes and examine the determinants that hinder its operationalization in the field. The analysis indicates that, philosophically and normatively, mediation in the state administrative realm has a very promising foundation, rooted in the expansion of judicial authority and in legal loopholes in Supreme Court regulations. However, at the level of empirical implementation, efforts to realize restorative justice are hampered by a lack of technical procedural law, a law-enforcement culture that still adheres to the dogma of public-law rigidity, inefficient use of infrastructure, and minimal legal literacy among justice seekers. Therefore, a holistic judicial paradigm shift is needed, accompanied by the issuance of sectoral technical regulations to institutionalize the mediation process within the administrative justice system formally.
The Normative Vacuum in Notarial Criminal Liability for Negligence in Preparing Authentic Deeds Used in Money Laundering Crimes Brighitta Priscilla MSS; Wilma Silalahi
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.v6i4.3362

Abstract

This study examines the limits of notarial criminal liability in the preparation of authentic deeds used in money laundering offences. The issue arises because notaries are authorized to draw up authentic deeds with strong evidentiary value, while such deeds may also be misused to conceal or disguise assets derived from criminal activities. This research applies normative legal research using statute and case approaches. The findings show that a notary cannot be held criminally liable merely because an authentic deed is later used in a money laundering scheme. Criminal liability may only arise when fault is proven, whether in the form of intent, knowledge, reasonable suspicion, or serious negligence. Court decisions indicate that judges tend to interpret negligence and “reasonably suspects” through an objective-professional standard. However, Indonesian positive law has not clearly distinguished administrative negligence, gross professional negligence, and criminal participation. This normative vacuum creates legal uncertainty and may lead to the criminalization of notaries who perform their duties in good faith.

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