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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,
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.
Articles 1,342 Documents
A Review Of Victimology Of Victims Of Online Fraud In E-Commerce Transactions In Karawang Regency In Connection With The Lifestyle Exposure Theory Marga Reta Donia Kartika; Zarisnov Arafat; Muhamad Abas
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.v6i5.3468

Abstract

Unilateral This research is motivated by the high number of cybercrimes in the form of fraud in e-commerce in Karawang Regency, with the increasing digital lifestyle of the community. The main objective of this study is to explore this phenomenon using a victimology perspective, where the Lifestyle Exposure theory of Hindelang and his colleagues and the concept of functional responsibility of Stephen Schafer are the foundation. The methodology applied in this study is empirical juridical, with primary data obtained through in-depth interviews with the Tipidter Unit of the Karawang Police and individuals who have become victims of online fraud. The findings of the study indicate that the key factors causing victimization in Karawang are caused by less vigilant consumer behavior, including transactions outside official platforms (85%) and being influenced by unreasonable prices (78%), which theoretically indicates exposure to risks due to digital lifestyles. The Karawang Police's countermeasures utilize a preventative approach, providing digital literacy education to strengthen social resilience, and a repressive approach through law enforcement based on digital forensics and inter-agency collaboration (Kominfo, BSSN, and OJK) to create a deterrent effect on perpetrators. This study concludes that preventing online fraud requires collaboration between legal enforcement and increased awareness among victims to break the cycle of opportunity for crime.
Industrial Accidents as Corporate Crimes: An Analysis of PT ASL Shipyard Batam's Liability under Indonesia’s National Criminal Code Cut Wahidah Mumtaza; Parningotan Malau
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.v6i5.3472

Abstract

Industrial accidents resulting in worker fatalities continue to be a substantial concern in Indonesia's labour sector. Notwithstanding the enactment of various occupational safety and health regulations, the attribution of criminal guilt in cases of fatal workplace accidents continues to be contentious, especially regarding the classification of enterprises as entities subject to criminal law. This circumstance creates a discrepancy between the occupational safety obligations imposed on companies and the penalties enforced when violations of these obligations lead to worker fatalities. This study aims to assess the legal qualifications of the explosion incident at PT ASL Shipyard Batam, evaluate the adequacy of Law Number 1 of 1970 concerning Occupational Safety in determining corporate criminal liability, and examine the framework of corporate criminal liability and management in accordance with the National Criminal Code. The research utilises a normative legal technique, incorporating both legislation and case analyses. The study's findings suggest that the explosion at the MT Federal II PT ASL Shipyard Batam, which led to worker fatalities, could be deemed a criminal offence if negligence in safety compliance is proven. Law Number 1 of 1970 remains relevant as the basis for regulating occupational safety responsibilities; however, it is inadequate for establishing corporate criminal liability, as it does not recognise corporations as entities under criminal law or provide a framework for attributing corporate culpability. In contrast, the National Criminal Code, through Articles 45 to 49, delineates a normative framework that allows for the imposition of criminal liability on both corporations as entities and on administrators in functional roles, order issuers, control holders, and beneficial owners of corporations. This study established that worker fatalities from industrial accidents are not exclusively due to the company's operational hazards; instead, they may constitute a basis for corporate criminal liability if systemic negligence in enforcing and overseeing occupational safety standards is demonstrated.
Government Coordination In Anticipation of The Mount Merapi Eruption Disaster In Sleman Regency, DIY Heru Sulistiyo; Arwanto Harimas Ginting; Agus Winarna; Kusworo
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.v6i5.3475

Abstract

The eruption of Mount Merapi poses a significant disaster threat to Sleman Regency, necessitating a paradigm shift from emergency response to disaster risk reduction through synergistic government coordination. This article aims to analyze the forms and mechanisms of government coordination in anticipating the Mount Merapi eruption, identify obstacles, and formulate strategies for improvement. Employing a qualitative descriptive method, this study examines coordination based on Herbert Simon's procedural and substantive typology, alongside collaborative governance concepts. The findings indicate that procedural coordination is established through structured regulations, hierarchical command, and the Cross-Merapi Joint Secretariat collaboration. Substantively, preparedness is realized through the Sister Village program and the pentahelix-based utilization of the SIMANTAB application. However, coordination effectiveness is hindered by sectoral egos, rigid budgetary bureaucracy, personnel limitations, and cultural resistance among locals. Therefore, the study recommends cross-sectoral data synchronization, the debureaucratization of emergency decision-making, and an inclusive cultural mitigation approach to achieve adaptive regional resilience.
The Principle of Good Faith In The Filing of A Bankruptcy Application by A Separated Creditor Against A Debtor (Case Study Of Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020) Ariansyah Kurniawan; Iwan Erar Joesoef; Atik Winanti
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.v6i5.3496

Abstract

This study aims to analyze the application of the principle of good faith in the submission of bankruptcy petitions by secured creditors against debtors, as set forth in Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020 and assess the judge's considerations in distinguishing the use of legitimate rights from abuse of authority by comparing it with Supreme Court Decisions Number 704 K/Pdt.Sus-Pailit/2018 and Number 1230 K/Pdt.Sus-Pailit/2019. This study employs a juridical normative method under case and statutory approaches. The legal materials consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively through the interpretation of legal principles, doctrines, and the ratio decidendi of the decision. The results indicate that the Supreme Court considers the bankruptcy petition by secured creditors in Decision Number 1434 K/Pdt.Sus-Pailit/2020 does not violate the principle of good faith because it is submitted to protect the legal interests of collateral whose economic value is threatened. Conversely, in Decisions No. 704 K/Pdt.Sus-Pailit/2018 and No. 1230 K/Pdt.Sus-Pailit/2019, the bankruptcy petition was rejected because it was deemed disproportionate and potentially pressured the debtor. The study formulates an ideal model for a bankruptcy petition by secured creditors that emphasizes collateral protection, does not involve abuse of rights, and is preceded by alternative resolution efforts. This model reflects the principles of balance, appropriateness, and the objective of bankruptcy law to protect the interests of both creditors and debtors fairly and proportionally in the current bankruptcy court practice in Indonesia, and contributes to development.
The Legal Certainty of Digital Consent In The Formation of Electronic Contracts is Reviewed From The Principle of Consensualism Taqwanda Aulia Mahfud; Subekti Subekti; Yoyok Ucuk Suyono; Ernu Widodo
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.v6i5.3509

Abstract

The development of information technology has driven a transformation in the formation of contracts from conventional forms to electronic contracts based on digital consent (digital consent). This condition raises legal problems regarding the conformity of digital consent with the principle of consensualism as the basis for the birth of an agreement and its legal certainty in the Indonesian legal system. This study aims to analyze the relevance of the principle of consensualism in the formation of electronic contracts based on digital consent and examine the legal certainty provided to the parties in electronic transactions. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative approach. Legal materials are obtained through literature studies that are analyzed qualitatively and prescriptively. The results of the study show that digital consent in principle has fulfilled the elements of agreement as required in the principle of consensualism because it is a manifestation of the will of the parties expressed through electronic media. However, the current legal arrangements do not provide clear parameters regarding the standard of validity of digital consents, the quality of the agreement, and the mechanism of proof. Therefore, it is necessary to strengthen regulations through the implementation  of affirmative consent standards, more specific regulations on forms of digital consent, and increased legal protection for parties to realize legal certainty in the formation of electronic contracts in Indonesia.
Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia Necklina Druhandani; Adi Muhajirin
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.v6i5.3520

Abstract

Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia. The background issue is the rapid growth of digital insurance vulnerable to financial crime due to blockchain anonymity features. The objectives are to determine the mechanism of digital legal insurance schemes, analyze money laundering potential, and examine criminal law regulations in Indonesia. The research method uses normative juridical with statute and conceptual approaches. The results show that blockchain anonymity and smart contracts create loopholes for placement, layering, and integration stages of illegal funds. Current regulations do not specifically regulate risk mitigation in legal insurtech products. The conclusion suggests revising the money laundering prevention law and stricter financial services authority supervision. Stricter identity verification is required on digital legal insurance platforms and including this product in the suspicious transaction reporting list to prevent misuse of the legal insurance system as a means of money laundering that can hinder the criminal justice process
Cross-Border Personal Data Transfer Requirements under Indonesia’s Personal Data Protection Law: Normative Clarity and Legal Protection Diana Puji Ratna Kusuma Fitri; Hananto Widodo; Budi Hermono
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.v6i5.3528

Abstract

This article examines the normative construction of Article 56 of Law Number 27 of 2022 on Personal Data Protection, which regulates the requirements for cross-border personal data transfers. The study is motivated by the increasing transfer of personal data within the digital ecosystem, which may weaken the protection of data subjects’ rights if it is not supported by clear legal norms. This study aims to analyze the normative construction of Article 56 and the implications of its normative ambiguity for legal certainty and the legal protection of data subjects. This study employs a normative legal research method using statutory, conceptual, and limited comparative approaches. The findings show that Article 56 establishes three requirements for cross-border personal data transfers, namely an equivalent or higher level of protection, adequate and binding protection, and the consent of the data subject as a last resort. However, this provision does not yet provide clear normative parameters regarding the standard of equivalent protection, the form of adequate and binding safeguards, or the limits on the use of consent. Therefore, Article 56 needs to be clarified in order to provide legal certainty and ensure the protection of data subjects’ rights in cross-border personal data transfers.
Analysis of The Bank's Civil Liability For Employees' Tortious Acts Committed Outside The Bank's Operational System Fauzan Hamzah Salampessy; Wardani Rizkianti
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.v6i5.3529

Abstract

This study examines the civil liability of Bank BNI regarding an unlawful act committed by the former Head of Cashier of the Aek Nabara Branch through an off-book transaction. The issues focus on the regulation of bank liability based on Article 1367 of the Indonesian Civil Code and POJK Number 6/POJK.07/2022, as well as the implementation of the principle of vicarious liability to employee actions that exceed the bank’s official operational systems. Employing a normative juridical method, this research concludes that the bank's liability stems from two complementary normative layers: Article 1367 paragraph (3) of the Civil Code as a general rule and Article 8 paragraph (1) of POJK Number 6/POJK.07/2022 as a sectoral regulation. Collectively, these regulations establish the bank as the party responsible for customer losses resulting from its employees' actions. The application of the doctrine of vicarious liability in this case is justified by the fulfillment of the employment relationship element and the doctrine of apparent authority, wherein the perpetrator objectively appeared as a bank representative to customers acting in good faith. Thus, Bank BNI's action to compensate for the customer's loss of IDR 28 billion is not merely a voluntary initiative, but rather a fulfillment of legal mandates rooted in the doctrine of vicarious liability and the fundamental principles of consumer protection within the financial services industry.
Personal Appearance Before The Notary In Deed-Making Through The Concept Of Cyber Notary: A Comparative Study Between Indonesia and the United States Zhafirah Salsabila; Wardani Rizkianti
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.v6i5.3548

Abstract

The development of digital technology demands a more efficient and adaptive transformation of notary practices through the concept of cyber notary that allows notaries to exercise their authority remotely. However, in Indonesia, this concept is limited by the principle of Tabellionis Officium Fideliter Exercebo which requires a physical presence as a prerequisite for the authenticity of the deed, as stipulated in Article 1868 of the KUHPerdata and Article 16 Paragraph (1) letter m of the UUJN. This legal vacuum regarding remote personal appearance creates uncertainty, since the UUJN simultaneously acknowledges the existence of cyber notary while it’s also lacking sufficient regulations to accommodate its implementation. In contrast to Indonesia, the United States has successfully accommodated the implementation of Remote Online Notarization (RON) through  the Revised Uniform Law on Notarial Acts (RULONA), specifically in Section 14A. This study uses a juridical-normative method with a comparative legal approach to examine the regulations governing personal appearance in deed-making under the concept of cyber notary in Indonesia and United States, as well as analyzing the potential expansion of its meaning. This research shows that Indonesia has an opportunity for legal digitalization through the UU ITE, the UUJN, and the implementation of the AHU Online system. The researcher argues that the concept of personal appearance can, in fact, be expanded not only as a physical presence, but also as an electronic presence. Therefore, its development is an inevitable necessity.
Comparison of Press Freedom from a Legal Perspective A Study of Indonesia and Norway Anastasya Regina Sekar Cahyanto; M rizki Yudha Prawira
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.v6i5.3549

Abstract

This study compares the protection of press freedom in Indonesia and Norway from a legal perspective. This study aims to identify how the mechanism for protecting press freedom in Norway serves as a best practice and assess its relevance in the context of implementing the system and strengthening press freedom protection in Indonesia. The method used in this study is normative juridical with a comparative approach to laws and regulations. This study employs a literature-based data collection method, analyzing primary, secondary, and tertiary legal materials. The results show that Norway has strong protections for press freedom through constitutional guarantees, transparent information disclosure, and state-protected press mechanisms. On the contrary, Indonesia already has an adequate legal basis, but its implementation still faces the problem of the criminalization of journalists. This study provides an overview of how Norway, with stronger legal mechanisms to protect their press freedom, can serve as a reference for Indonesia.

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