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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 1,406 Documents
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Comparative Constitutional Law: A Literature Study on Systems of Government, Elections, and Parliament in the United Kingdom and America with Indonesia Eko Primananda; Masri Rumita Br Sibuea; Rinandu Kusumajaya Ningrum
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.v6i4.3493

Abstract

Abstract: Each country has a distinct constitutional legal system influenced by its history, culture, politics, and social conditions. Governance systems, elections, and parliaments play a role in shaping the stability and effectiveness of a country's government. This study aims to analyze and compare various aspects of constitutional law in several countries with systems different from Indonesia's. The research employs a qualitative literature study method. The findings indicate that constitutional legal systems across countries reflect diverse values, traditions, and political needs shaped by their respective social, cultural, and historical contexts. Indonesia's electoral system, parliamentary structure, and mechanisms of checks and balances provide an inclusive model but often result in complex decision-making processes. Efforts to strengthen the constitutional legal system are expected to ensure the sustainability of democracy and social justice for all Indonesian citizens.
Legal Protection Against Copyright Infringement in Film Piracy: A Case Study of Cinema Recordings and Piracy on Digital Platforms. Constitutional Court Decision No. 84/PUU-XXI/2023 Venia Utami Keliat; Angel Pricillia Tak
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3179

Abstract

This study examines legal protection against copyright infringement arising from film recording in cinemas and digital content piracy on digital platforms. The development of information technology has transformed the distribution of copyrighted works and increased the risk of infringement, both through illegal recording in public spaces and the unauthorized dissemination of exclusive subscription based content. This research aims to analyze the forms of legal protection against such infringements and to examine the juridical analysis of Constitutional Court Decision Number 84/PUU-XXI/2023 in the context of copyright violations in digital media and public spaces. The research method employed is normative and empirical legal research using statutory approaches, analysis of Constitutional Court decisions, and observation of digital piracy practices. The findings indicate that cinema camcording and unauthorized distribution of digital content constitute copyright infringement protected under Law Number 28 of 2014 on Copyright and related regulations. Constitutional Court Decision Number 84/PUU-XXI/2023 emphasizes that copyright protection must adapt to technological developments and reinforces the role of the state in regulating the protection of works in the digital environment. This study concludes that although the legal framework for copyright protection already exists, stronger supervision and more effective law enforcement are still required on an ongoing basis to address digital piracy challenges.
The Effectiveness of Somasi as A Means of Resolution of Civil Disputes: A Study of Practices at Al Haq Law and Firm A.M Tasmika; Wahyu Prawesthi; Sri Astutik
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3294

Abstract

A legal notice (somasi) constitutes a significant instrument in civil law, serving as an initial mechanism to establish a state of default before a dispute proceeds to litigation. Within the framework of Indonesian positive law, particularly under Article 1238 of the Civil Code, somasi is not merely interpreted as a formal warning, but functions as a normative device that delineates the boundary between legal compliance and negligence. This study examines the effectiveness of somasi in resolving civil disputes and explores its practical implementation within Al Haq Law and Firm. The research applies a normative-empirical approach by combining statutory analysis with practical legal observations. Data were collected through a literature review supported by empirical insights and analyzed using a qualitative descriptive-analytical method. The findings indicate that somasi demonstrates a relatively high level of effectiveness in addressing simple civil disputes, particularly those related to breach of contract and debt obligations. Its effectiveness is attributed to its persuasive nature, procedural efficiency, and its capacity to facilitate dispute resolution without resorting to complex and time-consuming litigation processes. Nevertheless, the effectiveness of somasi is not absolute and is influenced by various factors, including the good faith of the parties, the quality of legal reasoning within the notice, and the bargaining positions of the parties involved. In certain circumstances, particularly when dealing with uncooperative parties or disputes that have escalated into more complex conflicts, somasi may lose its practical effectiveness. Therefore, somasi should be understood not merely as an administrative formality, but as a strategic legal instrument that integrates normative authority with persuasive approaches in achieving effective and equitable civil dispute resolution
The Urgency of Regulating Anti-Circumvention Rules in Indonesia and ASEAN: The Case of Alleged Circumvention of Indonesian Refined Sugar to Vietnam Fasri Dimas Kristian Pramono; Huala Adolf; Purnama Trisnamansyah
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3395

Abstract

This study examines how the absence of anti‑circumvention rules in ASEAN and Indonesia weakens the effectiveness of anti‑dumping measures, as seen in the case of alleged circumvention of Indonesian refined sugar to Vietnam. The purpose of this study is to determine the implications of the absence of anti‑circumvention rules in ASEAN on the circumvention of anti-dumping measures as seen in the Indonesia–Vietnam case, and to determine the urgency of regulating anti‑circumvention rules in ASEAN in an effort to prevent the circumvention of anti‑dumping measures in Indonesia and ASEAN. The research method used is normative juridical, coupled with a case study of the alleged Indonesia–Vietnam circumvention, as well as a comparative study of various anti‑circumvention legal instruments in Vietnam, the European Union, and the United States. The results show three main implications. First, legal uncertainty over Vietnam’s unilateral measures; Second, procedural fragmentation that hinders cooperation; and third, the failure to set a binding precedent. The comparative study shows that clear regional rules (clear definitions, objective testing, structured procedural standards, exemptions for genuine operators, and strengthened rules of origin) enhance legal certainty while limiting the abuse of measures. The conclusion that can be drawn is that ASEAN needs to immediately regulate anti‑circumvention rules, along with strengthening rules on origin certification. Gradual implementation at the intra‑ASEAN level will build regional habits and common ground, protect domestic industries, and reduce legal and trade friction.
The Impact Of Overlapping Land Claims In Penkase Subdistrict (An Analysis Based On Court Rulings) Benediktus Lay; Yulia Aprilis Uge Lay; Gabriel Faustin Vicky Seran; Maria Imakulata Go’o Laki
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3397

Abstract

Abstract: Overlapping land claims cause significant legal uncertainty in Indonesia, exemplified by a 9 hectare dispute in Tuanomolo, Kupang. This study analyzes the legal and social impacts of these claims and evaluates the role of land technology in resolving or complicating disputes. Utilizing a qualitative normative-empirical method with statute and case approaches, it examines Kupang District and High Court judgments through a prescriptive analytical framework. The findings show that overlapping claims trigger prolonged uncertainty and material losses from subsequent unlawful acts. Juridical evaluation under Supreme Court jurisprudence reveals that the lower courts (Judex Facti) committed manifest errors by misapplying the missing parties (plurium litis consortium) exception and ignoring physical evidence. Furthermore, land technology (GPS and satellite mapping) plays a dual role: it accurately exposes hidden overlaps but risks displacing traditional rights if manual to digital migration is uncoordinated. In conclusion, digital technology is not a standalone solution; its success depends on data integrity, consistent law enforcement, and institutional synchronization between land agencies and the judiciary.
The Legal Implications For The Community That Owns Buildings on The Ground In The Civic Center Area of South Central Timor Regency are Reviewed From Law Number 26 Of 2007 Concerning Spatial Planning Benediktus Lay; Anggry Belen; Eugenia Yesus; Maria Nata; Crameraldo Openg
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3415

Abstract

This research is motivated by the inconsistency of spatial utilization in the Civic Center area of ​​South Central Timor Regency, which is legally designated as the center of regional government, but in reality is used by the community as a residential area and business premises. This condition raises legal issues related to spatial utilization, land ownership, and the protection of community rights to the land they occupy. This study aims to examine the legal implications of the inconsistency of spatial utilization by the community in the Civic Center area of ​​South Central Timor Regency in terms of Law Number 26 of 2007 concerning Spatial Planning. The type of research used is empirical legal research with a sociological juridical approach. Data were obtained through interviews with the Regional Government of South Central Timor Regency and literature studies consisting of primary legal materials and secondary legal materials. The data obtained were then analyzed descriptively qualitatively based on applicable legal provisions. The results of the study indicate that the community continues to construct buildings and inhabit the Civic Center area even though the area has been designated as the center of regional government. This condition occurs due to weak regional government supervision, years of neglect, community economic needs, and a lack of public understanding of spatial planning regulations. This inconsistency in spatial use has legal implications in the form of administrative sanctions and even building demolition due to the use of space not being in accordance with the regional spatial plan. Furthermore, land ownership by the community in the Civic Center area lacks legal certainty if it is not supported by a valid legal basis and is in conflict with spatial planning provisions. However, legal responsibility in this matter lies not only with the community but also with the local government, which has been less than optimal in supervising and controlling spatial use. Therefore, the local government needs to improve supervision, law enforcement, and implement fair solutions through persuasive approaches, legal outreach, relocation, and providing temporary lease opportunities for residents who have long occupied the area to ensure legal certainty, order, and justice in spatial use.
Reconstruction of the Legal Responsibility of the Public Accounting Profession Based on Professional Protection and Due Process of Law Anderson Subri; Zaitun Abdullah; Adnan Hamid; Andi Wahyu Wibisana
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3454

Abstract

This study examines the reconstruction of legal accountability for the public accounting profession based on professional protection and due process of law. The background of this study stems from the increasing number of cases involving financial statement manipulation and corporate fraud in Indonesia, which has placed public accountants in a position where they are held legally accountable. This situation raises questions regarding the limits of professional liability, particularly when the fraud stems from the actions of company management. This study aims to analyze the weaknesses in the legal liability framework for the public accounting profession in Indonesia and to examine professional protection from the perspective of due process of law. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case study approach. Legal materials were obtained through a literature review encompassing primary, secondary, and tertiary legal sources, which were then qualitatively analyzed using prescriptive and interpretive methods. The research findings indicate that the legal framework governing the liability of the public accounting profession still contains normative and implementational weaknesses that lead to legal uncertainty and have the potential to result in the criminalization of the profession. Professional protection for public accountants has not fully ensured the application of the due process of law principle in the audit and law enforcement processes. Legal reform is necessary through the updating of legal substance, the strengthening of institutional structures, and the development of a legal culture that is more oriented toward professionalism, legal certainty, and justice. This study is expected to serve as a basis for consideration in the formulation of regulations and the strengthening of the professional protection system for public accountants in Indonesia.
Behind the Defeat of Local Incumbents: A Systematic Review of Economic Voting, Patronage, Party Conflict, and Electoral Accountability in Democratic Elections Iyan Maulana Amnum Al Amin; Kushandajani
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3455

Abstract

Local elections constitute a crucial arena for democratic accountability because local governments control public services, welfare distribution, public expenditure, bureaucratic appointments, and access to state resources. Yet local incumbents sometimes lose despite possessing the structural advantages of office. This systematic review synthesizes 48 studies identified through Scopus and related bibliographic checking to explain why such defeats occur. Using a mechanism-based qualitative synthesis, the review integrates evidence from studies on economic voting, patronage and clientelism, party organization, candidate selection, opposition coordination, electoral integrity, institutional trust, and democratic alternation. The synthesis shows that local incumbent defeat is rarely caused by a single factor. Economic voting matters when citizens can attribute unemployment, welfare retrenchment, fiscal choices, crisis response, or service delivery to incumbents. Patronage may protect incumbents when networks remain credible and morally legitimate, but it may also generate backlash when voters associate distributive politics with corruption, arrogance, exclusion, or manipulation. Party conflict and candidate selection may weaken incumbents before the general election, especially when nomination rules, factional competition, elite bargaining, or opposition coordination reduce campaign capacity. Ultimately, incumbent defeat becomes democratically meaningful only when electoral institutions are credible, losing actors concede defeat, and transitions preserve governmental continuity. This review provides an integrated framework that treats local incumbent defeat as both an electoral outcome and a governance process.
The Urgency of Reforming Consumer Protection Law in Encountering to the Digital Business Ecosystem in Indonesia Agus Panahatan Panjaitan; Suartini; Aris Macmud
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3458

Abstract

The digitalization of business in Indonesia has brought significant changes to transaction patterns and consumer–business relationships. However, this rapid growth has also raised several new consumer protection issues, including online fraud, violations of privacy rights, and unclear legal responsibilities for digital businesses. This study aims to analyze the importance of consumer protection in Indonesia’s digital business landscape and identify issues and solutions to strengthen it. The research method applied is the normative juridical method through case studies, a review of related literature, and an examination of statutory regulations. The findings reveal that current consumer protection frameworks, such as the Law on Electronic Information and Transactions and Law Number 8 of 1999 on Consumer Protection, still contain many gaps in adapting to the evolving dynamics of online transactions. Regulatory reforms and the enhancement of consumer digital literacy are required to ensure legal protection is more effective and responsive to technological developments. In conclusion, collaboration among the government, businesses, and society is urgently needed to strengthen consumer protection in the digital era and to create a safe and equitable digital business environment.
Criminal Imposition on Perpetrators of Joint Violence Resulting in Death from the Perspective of Islamic Jurisprudence Nafis Dwi Rizky; Ali Maskur; Mohamad Solek
Journal of Law, Politic and Humanities Vol. 6 No. 5 (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.v6i5.3465

Abstract

Collective violence resulting in death remains a serious criminal offense, often arising from acts of vigilantism (eigenrichting). Such conduct violates both positive criminal law and the Islamic legal principle of protecting human life. This study analyzes the judicial considerations in Decision Number 681/Pid.B/2024/PN Smg and examines the offense from the perspective of fiqh jinayah. Using a normative legal method with case and conceptual approaches, the research relies on the Indonesian Criminal Code, court decisions, the Qur’an, and relevant legal literature. The findings show that the court imposed criminal sanctions under Article 170 paragraph (2) point 3 of the Criminal Code after determining that all legal elements of the offense had been proven through witness testimonies, defendants’ statements, documentary evidence, and visum et repertum. From the perspective of fiqh jinayah, the defendants’ actions are classified as qatl syibh al-‘amd (quasi-intentional homicide) because the violence was intentional but not aimed directly at causing death. The collective nature of the offense also reflects the concept of isytirak fi al-jarimah, which attributes criminal responsibility to all participants involved in the resulting death.

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