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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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Child Labor in the Digital Era: A Study of Children Working as Content Creators in Indonesia Marsya Asyikin; Febri Jaya; Nurlaily Nurlaily
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.v6i4.3351

Abstract

Child Labor in the Digital Era: A Study of Children Working as Content Creators in Indonesia. This study aims to analyze the legal status and forms of legal protection for children working as content creators in the digital era in Indonesia. The increasing involvement of children in digital content production activities that generate economic value has created new legal issues, particularly regarding their classification as child workers and the potential for exploitation. This research uses a normative legal method with statutory and conceptual approaches through the analysis of national regulations and relevant international legal instruments. The results show that children’s activities as content creators substantively fulfill the elements of employment because they are structured, repetitive, and generate economic benefits. However, Indonesian positive law has not specifically recognized or regulated this type of work, resulting in a legal vacuum. Legal protection for child content creators requires limitations on work activities, proper income management, privacy protection, and the strengthening of the roles of the state, parents, and digital platforms. The study concludes that adaptive legal reform is urgently needed to provide legal certainty and optimal protection for children in the digital era.
Criminal Legal Politics Regarding Alleged Medical Malpractice As an Effort to Ensure Legal Certainty In Health Services In Indonesia Indah Budiyanti
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.v6i5.3358

Abstract

Criminal sanctions are the last resort (last resort), from a series of stages of enforcing a legal rule. This last resort is the ultimate measure if enforcement mechanisms in other areas of law are ineffective. However, in the development of criminal law in Indonesia, criminal sanctions have shifted in certain cases, no longer serving as the ultimum remedium but as the primum remedium (primary remedy). The provisions of criminal sanctions asfirst remedyin health services can be seen from the resolution of medical disputes that have an extraordinary and large impact on society, and no longer consider other sanctions, because it may be felt that it is appropriate to immediately use or impose criminal sanctions, which is not the last remedy, considering that there are still many cases of medical disputes that are detrimental to society, and this is the core of criminal law politics.
ICA-CEPA Within the Framework of GATT 1994: Negative Impact on Indonesia as a Developing Country Lasma Ria Siregar; Roida Nababan; Sovia Simamora
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.v6i4.3360

Abstract

The Indonesia-Canada Comprehensive Economic Partnership Agreement (ICA-CEPA) is a comprehensive trade agreement that stands under the framework of the GATT 1994, specifically Article XXIV, which regulates the establishment of free trade areas and customs unions. The purpose of this article is to examine Indonesia's position in the ICA-CEPA negotiations from the perspective of international trade law and assess whether the provisions of the GATT provide sufficient space for Indonesia to protect its national interests. This study uses a normative-critical approach with an analysis of international laws and agreements, as well as a policy review related to the mechanism of revocation and postponement of agreements. The results of the analysis show that the GATT 1994, in particular Article XXIV, only provides a legal basis for the establishment of the ICA-CEPA, but does not clearly regulate the clause for the revocation or postponement of the implementation of the agreement. These provisions are entirely dependent on the text of the ICA-CEPA itself, so Indonesia has limited power to terminate or suspend the agreement if it is proven to have a severe negative impact on the economy and the sovereignty of domestic regulations. This article argues that the absence of a strong legal basis in the 1994 GATT makes the ICA-CEPA potentially serve more as a trade political tool that benefits Canada, while Indonesia is in a less protected position within the structure of the agreement.
The Implementation Of Fidic Standards And The Effectiveness Of Arbitration In Resolving Engineering, Procurement, And Construction (EPC) Contract Disputes In Indonesia: An Analysis Of The Dispute Between The Consortium Of PT Waskita Karya (Persero) Tbk-PT Jakarta Prima Cranes And PT Suprabari Mapanindo Mineral Saibun Kasmadi Sirait; Diana Ria Winanti Napitupulu; Andrew Betlehn
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.v6i4.3363

Abstract

This study aims to analyze the provisions of the FIDIC Standard in Engineering, Procurement and Construction (EPC) integrated construction contracts in the dispute between the Consortium of PT Waskita Karya (Persero) Tbk–PT Jakarta Prima Cranes and PT Suprabari Mapanindo Mineral, as well as to examine the effectiveness of arbitration as a dispute resolution mechanism for FIDIC-based construction disputes in Indonesia. This research employs an empirical legal method using statutory, conceptual, and case approaches. Data were collected through library research and document analysis related to the dispute and were analyzed qualitatively. The findings indicate that the FIDIC Standard in EPC contracts provides comprehensive provisions concerning risk allocation, claims procedures, variations, dispute resolution mechanisms, and the rights and obligations of the parties. However, its implementation in practice still encounters challenges regarding harmonization with national law, as there is no explicit regulation governing the legal status of FIDIC within the Indonesian legal system. The study further reveals that arbitration is a relatively effective dispute resolution mechanism due to its confidentiality, procedural flexibility, expertise of arbitrators, and the final and binding nature of arbitral awards. Nevertheless, its effectiveness is constrained by high costs, the complexity of technical evidence, and potential obstacles in enforcing arbitral awards. Therefore, clearer harmonization between FIDIC standards and Indonesian law is necessary to enhance legal certainty, justice, and the effectiveness of dispute resolution in integrated construction projects in Indonesia.
Legal Analysis of the Handling of Money Laundering Crimes (Money Laundering) in Bengkulu City Based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes Nandi Rizqi Syahputra
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.v6i5.3364

Abstract

This study is entitled Juridical Analysis of the Handling of Money Laundering Crimes in Bengkulu City Based on Law Number 8 of 2010. The object of this research is the handling of money laundering crimes in Bengkulu City. This study aims to analyze law enforcement practices and identify obstacles in handling money laundering crimes. The research method used is empirical legal research with a socio-legal approach, examining secondary data supported by primary data from the field. The results show that the handling of money laundering crimes has been carried out in accordance with Law Number 8 of 2010, including investigation, evidentiary processes, and the role of related institutions. However, in practice there are still obstacles such as limited human resources, inadequate facilities, and lack of optimal coordination among law enforcement agencies. In conclusion, it is necessary to improve the capacity of law enforcement officers, strengthen inter-agency coordination, and optimize the implementation of the law to enhance the effectiveness of handling money laundering crimes.
The Concept of State Financial Losses in Criminal Acts of Corruption After Constitutional Court Decision Number 28/PUU-XXIV/2026 Sihol Yonnes Siboro
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.v6i5.3365

Abstract

This study examines the juridical analysis of the Constitutional Court Decision Number 28 of 2026 concerning the authority to calculate state financial losses in corruption cases. The background of this research lies in legal uncertainty due to overlapping authority among institutions in determining state losses, which is a crucial element in proving corruption cases. This study aims to identify the legal basis of institutional authority and the implications of the decision on law enforcement. The method used is empirical legal research with a socio legal approach, utilizing secondary data supported by primary data. The results indicate that the Supreme Audit Institution holds the primary constitutional authority to determine state financial losses, while law enforcement agencies are limited to preliminary calculations for investigative purposes. In conclusion, the decision clarifies the division of authority, enhances legal certainty, and strengthens the effectiveness of corruption law enforcement in Indonesia.
Analysis of Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw Regarding Payment of Tax Arrears in the Crime of Tax Evasion Joy Octorina Dwi Santy
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.v6i5.3366

Abstract

Taxes are mandatory contributions by citizens as a source of state revenue. The Crime of Embezzlement is detrimental to state revenue. In law enforcement, tax crime payments accompanied by administrative sanctions can stop the investigation or be considered as a fine. In practice, not all taxpayers who commit criminal acts are able to pay off tax arrears and administrative sanctions. This study aims to examine the principles of certainty, justice, and legal utility for the payment of tax arrears paid with an amount that has not been met in the crime of tax evasion. The method used is a normative approach with a literature study of relevant laws and regulations and literature as well as a case study of tax evasion crimes by not submitting a notification letter and not paying taxes. The results of this study show that in the Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw, the payment of tax arrears made by the corporate taxpayer defendant at the stage of the investigation of tax crimes is not counted as a payment of a fine as Article 44B paragraph (2c) of the HPP Law. It is concluded that the a quo  decision has applied positive tax laws that reflect the principle of legal certainty, but this law enforcement ignores the principle of justice and the benefits of the payment, namely that the taxpayer does not get a reduction in the criminal fines imposed on him and the state does not get the recovery of state revenue losses as the purpose of law enforcement in the field of taxation.
Protection of the Normative Rights of Platform Workers: A Comparative Study of Indonesia and Singapore Bona Jevon Tampubolon; Ridha Wahyuni
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.v6i4.3373

Abstract

This research analyzes the legal vacuum in providing protection for platform workers in Indonesia. The massive growth in the number of digital workers in recent years has not been matched by the fulfillment of their normative rights. However, the protection of the workforce and the right to a decent livelihood are constitutional mandates, as stipulated in Article 27 of the 1945 Constitution of the Republic of Indonesia. Using a normative (doctrinal) legal research method through statutory and comparative approaches, this study finds that the state must intervene in this regulatory vacuum by formulating adaptive laws. Through a comparative study, Singapore has proven successful in formulating protection via the Platform Workers Act by establishing a "Third Category" status; this approach accommodates the fulfillment of social security, work injury compensation, and the right to unionize, without eliminating the inherent flexibility of the digital economy industry. Therefore, this research recommends that the Government of Indonesia immediately draft specific regulations (lex specialis) to achieve a harmonious balance between the continuous innovation of the digital economy and the guaranteed dignity and welfare of the workers.
Indonesia-JICA Cooperation in The MRT Jakarta Phase II Project As an Implementation of SDG 11: Sustainable Cities and Communities Khalisa Amalia; Nurmasari Situmeang
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.v6i4.3375

Abstract

DKI Jakarta faces challenges in urban mobility and air quality, with the share of public transportation modes still far below the city's official target of 30 percent for 2030, while the transportation sector continues to dominate carbon monoxide emissions. This study analyzes the Indonesia-JICA bilateral cooperation on the Jakarta MRT Phase II and its contribution to SDG 11, specifically Targets 11.2 and 11.6, at the city level. Using a qualitative descriptive approach based on semi-structured interviews with a senior official from the Directorate General of Railways, Ministry of Transportation, triangulated with official JICA documentation and academic literature, the study finds that Phase II contributes to Target 11.2 through expanding rail access to currently underserved corridors and integrating transit-oriented development, and to Target 11.6 through STEP-mandated zero-emission electric propulsion technology and a modal shift away from private vehicles. Importantly, these contributions were embedded in the project design from the outset, rather than being applied retrospectively. The study concludes that a key advantage of bilateral Official Development Assistance (ODA) lies in its ability to embed SDG implementation within an incentive architecture that simultaneously aligns the interests of national governments, provincial governments, and private operators, offering a replicable model for local SDG implementation in rapidly urbanizing cities.
Civil Law Liability in Land Disputes Between Indigenous Communities and PT Krisrama in Sikka, East Nusa Tenggara Gusti Muhammad Marshal Alif; Kaharrudin
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.v6i4.3379

Abstract

This study examines the critical tension within legal pluralism, where formal administrative legality frequently overrides constitutionally guaranteed customary rights. It analyzes the qualification of an unlawful act and determines the appropriate forms of civil liability regarding the prolonged agrarian dispute between the Soge and Goban indigenous communities and PT Krisrama in Sikka Regency. Utilizing a normative juridical research method, this study employs statutory, conceptual, and case study approaches to evaluate secondary legal data. The findings reveal that the corporation's forced renewal of a Cultivation Rights Title (Hak Guna Usaha/HGU) over land actively and physically possessed by indigenous communities during a legal vacuum (rechtsvacuum), compounded by forced evictions and the criminalization of residents, cumulatively fulfills the five elements of an Unlawful Act under Article 1365 of the Indonesian Civil Code. Disregarding the strict "clear and clean" requirement during the application process fundamentally invalidates the administrative legitimacy and evidentiary strength of the formal title. Consequently, PT Krisrama bears civil liability for both material and immaterial damages. Ultimately, achieving true agrarian justice demands legal restoration (rechtsherstel or restitutio in integrum) through the implementation of the Agrarian Reform Priority Location (Lokasi Prioritas Reforma Agraria/LPRA) scheme under Presidential Regulation Number 86 of 2018 to permanently redistribute the land back to the customary law community.

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