cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ebit Bimas Saputra
Contact Email
dinasti.info@gmail.com
Phone
+628117404455
Journal Mail Official
editor@dinastires.org
Editorial Address
Case Amira Prive Jl. H. Risin No. 64 D, Pondok Jagung Timur, Serpong Utara - Tangerang Selatan
Location
Kota tangerang selatan,
Banten
INDONESIA
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
 129   130   131   132   133 
Unilateral Termination Of Employment (PHK) By PT. Pong Codan Indonesia (PCI) As Reviewed In The Connection With Government Regulation Number 35 Of 2021 Concerning Fixed-Term Employment Agreements, Outsourcing, Working Hours And Rest Hours, And Termination Dicky Muhammad Gibran; Muhamad Abas; Yuniar Rahmatiar
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.v6i4.3380

Abstract

Unilateral termination of employment constitutes a fundamental issue in industrial relations, reflecting the imbalance of bargaining power between employers and workers. The state intervenes through labor regulations, particularly Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation as Law and Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment, to ensure legal protection for workers. This study examines how termination of employment is regulated under Government Regulation Number 35 of 2021 and how the panel of judges considered unilateral termination cases in Decision Number 16/Pdt.Sus-PHI/2025/PN Bdg. The research employs a qualitative method with a normative legal approach through literature study of statutory regulations and court decisions. Government Regulation Number 35 of 2021 regulates termination of employment comprehensively as a last resort with strict procedures. In Decision Number 16/Pdt.Sus-PHI/2025/PN Bdg, the panel of judges declared that the fixed-term employment agreement had transformed into an indefinite-term employment agreement and that the termination was null and void. However, a contradiction arises as the employment relationship was ultimately terminated on grounds of efficiency solely based on Article 100 of Law Number 2 of 2004 without considering Constitutional Court Decision Number 19/PUU-IX/2011, whereas the efficiency provisions within that Constitutional Court Decision cannot justify the termination of employment of the Plaintiffs whose status had been established as indefinite-term, thus the legal basis employed was inaccurate and entirely without juridical foundation, ultimately failing to provide optimal legal protection for workers.
The Noodtoestand Doctrine and the Limits of Physicians' Criminal Liability in Remote Emergency Medical Services Matthew Antonio Ariellmaury Rajagukguk; Nathalina Naibaho
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.v6i4.3387

Abstract

This article examines the limits of physicians' criminal liability when emergency medical services are provided in remote areas with limited facilities, personnel, referral access, and diagnostic support. It uses normative legal research with statutory, conceptual, and comparative approaches. The analysis connects Indonesian criminal law, health law, medical practice regulation, medical ethics, and recent literature on emergency care, patient safety, rural health services, and the necessity defense. The article argues that noodtoestand cannot operate as blanket immunity. It must be tested through imminent danger, absence of reasonable alternatives, proportionality, good faith, professional competence, and accountable documentation. The article proposes conditional legal protection through professional review before criminal prosecution. This model protects physicians who act reasonably under constrained emergency conditions while preserving patient rights and medical accountability.
Legal Analysis of the Violation of Concurrent Office by Ministers and Deputy Ministers Under Article 23 of Law No. 39 of 2008 on State Ministries Mohamad Candra Oktavian N; Zainal Arifin; Saivol Virdaus
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.v6i4.3392

Abstract

Dual office-holding by ministers and deputy ministers constitutes a legal issue with direct consequences for the quality of governance in Indonesia. This study aims to analyze the legal provisions prohibiting dual positions under Article 23 of Law No. 39 of 2008 on State Ministries, and to examine the legal consequences arising from violations thereof by ministers and deputy ministers. A normative legal research method is employed, utilizing a statutory approach and a conceptual approach, grounded in the theoretical framework of good governance and clean government. The findings reveal that Article 23 expressly prohibits ministers from concurrently serving as commissioners or directors of companies, other state officials, or leaders of organizations funded by the state budget, with the prohibition extended to deputy ministers through Constitutional Court Decision No. 128/PUU-XXIII/2025. Violations of this provision result in three dimensional legal consequences: administratively, through the nullity of legal acts and dismissal from office under the contrarius actus principle; civilly, through liability for unlawful governmental acts (onrechtmatige overheidsdaad); and criminally, through potential corruption liability where violations are accompanied by the abuse of authority causing financial losses to the state. This study concludes that the absence of explicit sanction provisions in the State Ministries Law undermines enforcement effectiveness, and therefore recommends an amendment to Article 23 incorporating explicit sanctions, strengthened institutional oversight, and mandatory periodic disclosure of positions held.
Asset Recovery For Victims of Investment Fraud in Money Laundering Offenses: A John Rawlsian Perspective Erdiansyah Erdiansyah; Suparto; Surizki Febrianto
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.v6i4.3393

Abstract

The growth of digital investment has contributed to a significant increase in investment fraud, resulting in substantial and collective financial losses for the public. In practice, proceeds of such crimes are frequently concealed through various money laundering schemes, thereby complicating the tracing and return of assets to victims. Although Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering provides effective instruments for asset tracing, seizure, and forfeiture, its normative orientation and law enforcement practice remain predominantly focused on forfeiture for the benefit of the state. Consequently, asset recovery for victims does not operate as an automatic legal consequence of proving money laundering, but rather depends on other legal mechanisms that are fragmented and often ineffective. This study aims to critically examine asset recovery for victims of investment fraud in money laundering cases in Indonesia by applying John Rawls’ theory of justice as fairness. Employing a normative juridical approach with prescriptive and evaluative analysis of legislation and judicial practice, the study finds a structural imbalance in asset recovery mechanisms that remains state-centered and has not yet reflected substantive justice for victims as the most disadvantaged group. Therefore, the study underscores the need for normative reconstruction and policy reorientation toward a victim-oriented asset recovery mechanism to ensure that victims’ economic rights are restored in a fair, proportionate, and meaningful manner.
Binding Power of Contracts Formed Through Click-Wrap And Browse Wrap Mechanisms in the Perspective of Indonesian Contract Law Taffy Faiq Syahmi; Subekti Subekti
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.v6i4.3409

Abstract

The development of digital technology has encouraged the use of electronic contracts as a means of establishing legal relationships in online transactions. This study aims to analyze the validity and binding force of contracts formed through click-wrap and browse-wrap mechanisms in the legal perspective of Indonesian agreements. The research method used is normative juridical with legislative, conceptual, and case approaches. The results of the study show that electronic contracts are recognized and have legal force as long as they meet the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code and Law Number 1 of 2024 concerning Information and Electronic Transactions. The click-wrap mechanism has a stronger binding force due to the explicit consent through the affirmative action of the user. In contrast, browse-wrap faces the constraint of proving the deal because consent is only assumed from the use of the service. Therefore, legal certainty for electronic contracts requires transparency, good faith, and adequate consumer protection.
Gender Equality among the Sasak Indigenous Community in the Practice of Merariq Kodeq Raden Susan Fauziyyah Hasan; Sonny Dewi Judiasih; Hazar Kusmayanti
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.v6i5.3426

Abstract

The practice of merariq kodeq, a form of child marriage commonly carried out through elopement or without the full and free consent of the parties involved, remains prevalent in West Nusa Tenggara and frequently results in violations of women's fundamental rights, particularly in the areas of education, health, and social participation. This study aims to examine the implementation of legal frameworks designed to reduce the occurrence of merariq kodeq and to evaluate the extent of legal protection afforded to women's rights within this practice among the Sasak indigenous community. The research employs a normative juridical approach, supported by interview data obtained from Sasak customary leaders. The findings reveal that the government has enacted several legal instruments intended to curb the practice of merariq kodeq, including Law No. 16 of 2019 on Marriage and the West Nusa Tenggara Regional Regulation No. 5 of 2021 on the Prevention of Child Marriage. The study finds, however, that the implementation and dissemination of these regulations have not been sufficiently effective, resulting in the continued prevalence of merariq kodeq within the community. With regard to the protection of women's rights, legal safeguards remain largely normative in nature, while customary norms frequently overlook the principle of women's free and informed consent. Women's access to education and reproductive health services also remains limited and inadequate. This study recommends greater integration between national legal frameworks and the transformation of customary law through the strengthening of the roles of customary leaders and local governments in mediation processes, the clarification of marriage dispensation mechanisms, and the provision of legal education aimed at empowering women as agents of social change. Future research is encouraged to adopt an empirical approach in order to assess the effectiveness of existing policies at the level of indigenous communities.
The Relevance of the Pari Passu Pro Rata Parte Principle in the Distribution of Bankruptcy Estate Assets Among Concurrent Creditors Ani Wijayati
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.v6i4.3428

Abstract

This study aims to examine in depth the application of the paripassu prorata partij principle in the distribution of bankruptcy assets to concurrent creditors in the Indonesian bankruptcy legal system. This principle affirms that all concurrent creditors have equal standing and are entitled to a proportional distribution of bankruptcy assets based on the amount of their respective receivables. This principle reflects the spirit of distributive justice in bankruptcy law. However, in practice, the application of this principle often faces obstacles due to the existence of creditors with special rights, such as secured creditors and preferred creditors, who receive priority for payment in accordance with guarantees or statutory provisions. This condition creates an imbalance between theory and practice, and raises the issue of justice for concurrent creditors who are the most disadvantaged parties when bankruptcy assets are insufficient. The method used is a normative juridical method with a statutory, conceptual to analyze the suitability of the application of the paripassu prorata partij principle with the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, as well as its relevance to the principles of justice and legal certainty. Thus, the paripassu prorata partij principle is not only a normative principle, but also functions effectively in creating a just bankruptcy system, guaranteeing legal protection for all creditors, and strengthening trust in the debt settlement mechanism in the Indonesian legal system.
The Validity of Receivables Transfer (Cessie) After A Bankruptcy Declaration (A Case Study of The Curator Team of PT Perinco Graha Lestari V. PT Bank DBS Indonesia) Habib Akbar; Busyra Azheri; Misnar Syam
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.v6i5.3463

Abstract

This study examines the validity of debt transfer (cessie) conducted by a secured creditor after a bankruptcy declaration through the dispute involving the Curator Team of PT Perinco Graha Lestari against PT Bank DBS Indonesia and the assignee of the transferred receivables. The legal issue arises because, after the debtor is declared bankrupt, all assets of the debtor become subject to a general confiscation under the administration of the curator, while secured creditors still retain rights over the collateral attached to their receivables. This study aims to analyze the validity of cessie after a bankruptcy declaration and to examine the disparity in judicial considerations at the Commercial Court, Cassation, and Judicial Review levels. The research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, court decisions, and legal literature related to bankruptcy and cessie. The results show that the transfer of receivables by secured creditors after a bankruptcy declaration cannot be assessed solely under civil law provisions, but must also consider the principle of general confiscation and the curator’s authority under the Bankruptcy and Suspension of Debt Payment Obligations Law. The differing judicial considerations between the Commercial Court and the Supreme Court reflect variations in legal reasoning regarding the position of cessie after bankruptcy within the Indonesian bankruptcy system, which may affect legal certainty in its application.
Legal Analysis Of The Impact Of Budget Efficiency On The Performance Of Trubus Village Government, Centre Bangka Residence Ngiat Hiung; Abdul Rasyid Saliman; Husni Thamrin
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.v6i5.3467

Abstract

This research aims to analyze the legal regulation of village budget efficiency and its implementation in the Trubus Village Government financial management, as well as to examine the legal impacts of budget efficiency on village government performance achievement based on indicators stipulated in statutory regulations. The research employs a normative legal method with statute approach, conceptual analysis, and case approach. Primary legal materials comprise the 1945 Constitution, Law Number 6 of 2014, Government Regulation Number 43 of 2014, Minister of Home Affairs Regulation Number 20 of 2018, and other relevant regulations, while secondary legal materials consist of scholarly journals, books, and village financial reports. Analysis was conducted through qualitative juridical methods by identifying legal norms, interpreting principles, and constructing relationships between budget efficiency and village government performance. Research findings indicate that legal regulations on village budget efficiency remain fragmentary and non-comprehensive, characterized by the absence of standardized efficiency measurement in sectoral regulations. Implementation in the Trubus Village Government demonstrates significant disparities between das sollen and das sein, where budgeting practices prioritize administrative compliance over resource optimization for performance achievement. The legal impact of budget efficiency on village government performance proves ambivalent: while promoting financial management accountability, it potentially impedes innovation and developmental program flexibility due to rigid interpretations of efficiency norms. This research recommends harmonizing village budget efficiency regulations through developing legal instruments that integrate efficiency principles with measurable performance indicators, strengthening village apparatus capacity through competency-based regulations, and establishing tiered supervisory mechanisms ensuring equilibrium between budget efficiency and public service effectiveness at the village level.
Regulations on Measured Fishing in Indonesia from the Perspective of UNCLOS 1982 and UNFSA 1995, Examined of the Precautionary Approach Atika Thahira; Hendra Arjuna; Qorina Aprilia Olga; Yesi Yasmin
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.v6i4.3492

Abstract

Indonesia's recently enacted Measured Fishing (PIT) policy represents an important development in national fisheries governance, transitioning from administrative licensing toward catch limit based management. This article evaluates the policy's compliance with international obligations established under UNCLOS 1982 and UNFSA 1995, using normative legal analysis. The research confirms that Measured Fishing implements the allowable catch concept and incorporates science-based management through quota systems calculated from fish stock assessments. Nevertheless, critical gaps remain. Government Regulation No. 11 of 2023 does not explicitly adopt the precautionary approach required by UNFSA, particularly regarding the management of scientific uncertainty and the establishment of precautionary reference points. The regulation assumes data availability but lacks guidance for situations involving insufficient or unreliable information. To achieve full international compliance, this article recommends: (1) explicitly integrating the precautionary principle into national fisheries legislation; (2) establishing target and limit reference points as specified in UNFSA Annex II; (3) strengthening scientific stock assessment mechanisms; and (4) enhancing vessel monitoring and enforcement systems. By implementing these recommendations, Indonesia can transform Measured Fishing into a comprehensive precautionary fisheries management regime that ensures both legal compliance and ecological sustainability.

Page 132 of 133 | Total Record : 1321

 129   130   131   132   133 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue Vol. 6 No. 5 (2026): Journal of Law, Politic and Humanities (JLPH) Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024) Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024) Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024) Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024) Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024) Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities Vol. 4 No. 1 (2023): (JLPH) Journal of Law, Politic and Humanities (November - December 2023) Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023) Vol. 3 No. 3 (2023): (JLPH) Journal of Law, Politic and Humanities (May 2023) Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023) Vol. 3 No. 1 (2022): (JLPH) Journal of Law, Politic and Humanities (November 2022) Vol. 2 No. 4 (2022): (JLPH) Journal of Law, Politic and Humanities (August 2022) Vol. 2 No. 3 (2022): (JLPH) Journal of Law, Politic and Humanities (May 2022) Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022) Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021) Vol. 1 No. 4 (2021): (JLPH) Journal of Law, Politic and Humanities (August 2021) Vol. 1 No. 3 (2021): (JLPH) Journal of Law, Politic and Humanities (May 2021) Vol. 1 No. 2 (2021): (JLPH) Journal of Law, Politic and Humanities (February 2021) Vol. 1 No. 1 (2020): (JLPH) Journal of Law, Politic and Humanities (November 2020) More Issue