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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 Evolution Of Grounds For Divorce in Islamic Family Law: an Analysis of The Theory of Legal Change and The Practice of Religious Courts in Indonesia Roli Wilpa; Isep Rijal Muharom; Agus Gandara; Beni Ahmad Saebani
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.v6i4.3213

Abstract

This study aims to analyze the transformation of grounds for divorce in Islamic family law in Indonesia through an integrative approach combining legal change theory, maqāṣid al-syarī‘ah, and the practices of religious courts. The main issues addressed include the normative construction of grounds for divorce in Islamic law, the development of grounds for divorce in Indonesian positive law, and the relevance of legal change theory in explaining such dynamics. This research employs a normative juridical method with conceptual, statutory, and socio-legal approaches. The findings reveal that, normatively, grounds for divorce in Islamic law are derived from the Qur’an, Hadith, and classical fiqh, which position divorce as a last resort (ultimum remedium) with limited justifications, such as failure to provide maintenance, physical defects, and severe marital discord (shiqāq). However, in Indonesian positive law, particularly through the Marriage Law and the Compilation of Islamic Law, there has been an expansion and codification of grounds for divorce in a more flexible manner. In judicial practice, religious court judges actively engage in contextual interpretation, whereby the category of “continuous disputes and quarrels” evolves into an umbrella clause encompassing psychological conflict, emotional abuse, and even digital-related issues. This transformation can be explained through legal change theory, which views law as a dynamic system responsive to social change. The maqāṣid al-syarī‘ah approach provides normative legitimacy for such flexibility by emphasizing the protection of welfare (maṣlaḥah) and the prevention of harm (mafsadah). Accordingly, Islamic family law in Indonesia demonstrates characteristics of a progressive, contextual, and substantively just legal system, with judges acting as agents of legal transformation.
Securitization of United States Energy Interests: The Guyana-Venezuela Dispute Narrative (2023-2025) Karunya Saka Listianto; June Cahyaningtyas
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.v6i4.3279

Abstract

The territorial dispute between Venezuela and Guyana, enduring for over two centuries, escalated once more in 2023. This resulted in a self-claim through a referendum by Venezuela against Guyana's territory, specifically the resource-rich Essequibo region. This claim is considered a direct threat to United States energy interests due to the significant investments by U.S. companies, particularly ExxonMobil, in Guyana's offshore oil fields. Venezuela's aggressive stance and potential for destabilizing the region directly imperil the stability of these crucial energy supplies and the commercial operations of ExxonMobil. Therefore, the situation demands an energy securitization move from the U.S. to protect its strategic energy interests. U.S. energy securitization process during the Guyana-Venezuela war from 2023 to 2025 will be examined in this research. This research will examine U.S. energy securitization dynamics using constructivism and process tracing. Data comes from primary and secondary sources. The research uses energy interest, security, and securitization theories. The findings show that U.S. energy securitization during the conflict requires identifying rationale, processes, and enabling conditions. As an energy consumer, the U.S. can justify energy supply security interventions as critical to national energy security.
The Concepts of Liability and Responsibility in the Implementation of the Regional Medium-Term Development Plan (RPJMD) Tarkit Erdianto; Ahmad Baihaki
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.v6i4.3317

Abstract

the principle of legal accountability in the implementation of the Regional Medium-Term Development Plan (RPJMD) as the primary instrument of regional development planning. The issue under examination stems from the tendency of local government officials, particularly incumbent regional heads, to utilise the RPJMD as a political tool by prioritising the implementation of programmes towards the end of their term of office. Such practices lead to imbalances in development, reduce the effectiveness of planning, and have the potential to disregard the principle of legal accountability towards the public. This study employs a normative method using a legal and conceptual approach. The research findings indicate that regulations concerning the obligation to implement the RPJMD do not yet explicitly bind regional heads to ensure the proportional distribution of programme implementation each year. Consequently, there is no effective legal mechanism to ensure the consistent implementation of the RPJMD from the outset of the term of office. This study emphasises the need to strengthen regulations governing the obligation to implement the RPJMD in a gradual and measurable manner, including the setting of minimum annual targets. This constitutes a concrete manifestation of the principle of legal accountability of local heads, whilst also serving as an effort to ensure regional development that is consistent, sustainable, and oriented towards the interests of the community.
Transparency in Educational Institutions as the Key to Successfully Addressing Sexual Violence Crimes in Higher Education Aprilia Hana Pratiwi; Hwian Christianto; Tiara Prameswari
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): Journal of Law, Politic and Humanities (JLPH)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3325

Abstract

Sexual Violence is considered a disgrace for Education Units. Protective steps to protect the good name of educational units are also carried out in various ways so that they make cases of sexual violence unresolved and tend to experience repeated. Normative juridical research methods review the regulation of legal provisions in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence and Permendikbud 30/2021 on the one hand is associated with Higher Education policies on the other hand showing the inconsistency of Universities when handling cases of sexual violence. Research shows that universities that cover up sexual violence actually show inconsistencies in handling sexual violence. Ironically, efforts to cover up disgrace actually make the trust of the academic community and the community disappear to universities. Acts of sexual violence raise important legal issues, the importance of learning human dignity and dignity is not an object of sexual satisfaction.
Strengthening the Legal Limits of the Business Judgment Rule on Decisions of Directors of State-Owned Enterprises: A Comparative Study of Indonesia and Australia Muhammad Hanan Nuhi; Diani Sadia Wati
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.v6i4.3328

Abstract

The Company's objectives must be carried out based on the principles of Good Corporate Governance. The application of these principles can give rise to the doctrine of Fiduciary Duty for Directors, especially in making risky business decisions. In practice, Directors often face claims for losses resulting from business decisions taken, so the Business Judgment Rule exists as a form of legal protection. In Indonesia, the regulation of the Business Judgment Rule is contained in Article 97 paragraph (5) of the Company Law and Article 9F of the State-Owned Enterprise Law. However, these provisions still leave room for ambiguity and do not have clear indicators, thus creating legal uncertainty in several cases. This research is a normative juridical research with a statutory, comparative, and case approach using primary, secondary, and tertiary legal materials. The results of the study indicate that good faith and due care are the main factors in the judge's considerations. Compared with the Corporations Act 2001 Australia, the regulation of the Business Judgment Rule in Indonesia is still less systematic, requiring revision of the Company Law and the State-Owned Enterprise Law as well as the formation of derivative regulations. However, the Directors of State-Owned Enterprise are still obliged to apply a number of Good Corporate Governance principles to avoid conflicting with the law or containing abuse of authority.
Uncertainty of Dumping Imposition on 'Like Product' of Hot-Rolled Coil Alloy Imports From China Fara Nugroho; Diani Sadiawati
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.v6i4.3331

Abstract

This study examines the uncertainty of the norm of 'like product' in Article 1 Number 10 of Government Regulation No. 34 of 2011 and its implications for the validity of legal standing in Indonesia's antidumping investigation, with reference to the case of the import of Hot Rolled Coil Alloy (HRC Alloy) from the People's Republic of China. The elimination of conditional conditions in the absence of such a product in the result of the ratification of Article 2.6 of the WTO Anti-Dumping Agreement (ADA) causes the hierarchy between identical products and closely resembling to become blurred, so that KADI does not have a specific normative basis in verifying the legal standing of the applicant. As a result, KADI relies on the margin of appreciation through a teleological interpretation that is vulnerable to being sued as protectionism in the WTO DSB forum. This normative juridical research concludes that the reconstruction of norms is needed through the revision of Article 1 Number 10 of Government Regulation No. 34 of 2011 and the addition of technical criteria in Minister of Trade Regulation No. 76 of 2012, including physical characteristics, final functions, and relevant markets, so that the methodology of the KADI investigation stands on normative parameters that are transparent and in line with the WTO ADA.
Legal Liability for Loss of E-Wallet User Balances in Indonesia Zulfan Rizqi Wibowo; Suherman Suherman
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.v6i4.3332

Abstract

The development of e-wallets has facilitated public transactions, but it also creates legal issues when users lose balances or experience unauthorized transactions. This article analyzes the protection of e-wallet balances and the legal liability of service providers under Law Number 8 of 1999 on Consumer Protection and Bank Indonesia payment system regulations. This study applies normative juridical research with statutory and conceptual approaches. The findings show that e-wallet users are consumers entitled to security, accurate information, complaint handling, and compensation. E-wallet providers are business actors and payment service providers that must ensure system security, information transparency, data protection, and financial loss recovery mechanisms. If the balance loss is not caused by user fault or negligence, providers must conduct accountable investigations and restore the balance or provide equivalent compensation. Standard clauses transferring all risks to users are unacceptable when they eliminate provider liability.
Legal Protection for Copyright Holders of Songs and Music in Royalty Disputes in the Digital Era Edo Maranata Tambunan; Daniel Mangaraja Partahi Manullang; Binsar Daniel Panjaitan; Baginta Manihuruk; Frederick Gozali; Budi Santoso; Herman Fasiona Hutabarat
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.v6i4.3342

Abstract

The development of digital technology has increased the utilization of songs and musical works through digital platforms, while simultaneously giving rise to various royalty disputes that affect the protection of the economic rights of copyright holders. This study aims to analyze legal protection for song and music copyright holders in royalty disputes in the digital era and to examine the weaknesses of the existing legal system. This research employs a normative legal research method using statutory, conceptual, and case approaches. The results indicate that legal protection of digital royalties in Indonesia still faces several obstacles, including weak supervision, a lack of transparency in royalty distribution, a suboptimal role for Collective Management Organizations (CMOs) and the National Collective Management Organization (LMKN), and low public legal literacy. Therefore, strengthening regulations and developing technology-based royalty management systems, such as blockchain and smart contracts, are necessary to establish effective, transparent, and equitable legal protection in the digital era.
The Ambiguity of The "Conducted Democratically" Provision In Article 27 of The Political Parties Law: The Need For A Definitive Provision To Ensure Legal Certainty Muhammad Reiza Alifiandra; Muhammad Helmi Fahrozi
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.v6i4.3343

Abstract

Political parties fulfill a constitutional function as the sole official channel for filling the nation’s highest political offices; thus, the quality of their internal decision-making has a direct impact on the quality of democracy. Although Article 27 of Law Number 2 of 2008 as amended by Law Number 2 of 2011 on Political Parties (Political Parties Law) requires that party decision-making be “...conducted democratically,” this phrase is not accompanied by a defining provision that operationalizes its meaning, thereby potentially violating the principle of clarity of formulation and creating legal uncertainty. This study poses two research questions: first, does the phrase “...conducted democratically” in Article 27 of the Political Parties Law meet the principle of clarity of formulation as required by Article 5(f) of Law No. 12 of 2011 on the Formation of Legislation; and second, how should the minimum criteria for that phrase be formulated to ensure legal certainty in the relationship between central and regional leadership. The study employs a normative legal method with legislative, conceptual, and historical approaches; legal analysis is conducted through grammatical interpretation to unravel the meaning of the normative text and teleological interpretation to trace the purpose of the norm’s formulation. The research results indicate that the phrase fails to meet the three indicators of the principle of clarity of formulation: the word “democratic” is not defined in the Political Parties Law, it provides no operational guidance, and it has proven to lead to multiple interpretations in the party’s Articles of Association and Bylaws; furthermore, the delegation to the Articles of Association and Bylaws via Article 28 does not resolve the ambiguity because the Articles of Association and Bylaws are not legislation. Based on the historical context of the 1998 reforms and Scarrow’s categorization of internal democracy, inclusivity is identified as the most relevant substantive content of “democratic.” This study concludes that legal certainty requires the addition of a definitional provision to Article 1 or the Explanatory Notes to Article 27 of the Political Parties Law, which must include two minimum indicators: meaningful representative involvement from the levels of leadership directly affected, and a prohibition on mechanisms of unilateral domination by one level over the authority of another level.
Business Actor's Liablility and Government supervision on the practice of adulterated rice under consumer protection law (case study of PT Padi Indonesis Maju) Elsa Maniari; Sylvana Murni Deborah Hutabarat; Muthia Sakti
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.v6i4.3348

Abstract

The circulation of adulterated rice that does not comply with quality standards causes consumer losses and reflects weaknesses in food trade supervision. This study aims to analyze the forms of government supervision over adulterated rice practices and the liability of business actors toward consumers harmed in the case of PT Padi Indonesia Maju. This research employs a normative juridical method using statutory and case approaches. Legal materials were obtained through library research supported by interviews with the Indonesian Consumers Foundation. The results show that the distribution of adulterated rice by PT Padi Indonesia Maju violates consumer protection and food law provisions because the products traded did not comply with quality standards and labeling requirements. Business actors are responsible for compensating consumers, while the government must strengthen supervision and law enforcement to ensure consumer protection in food trade practices.

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