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 1,406 Documents
 133   134   135   136   137 
Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia Syaiful Malik; Taupiqqurrahman
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.v6i5.3550

Abstract

The development of cryptocurrency as a digital asset presents new challenges in inheritance law. Its decentralized nature and reliance on private keys pose a risk of rendering the asset permanently inaccessible if the owner passes away. This article, titled "Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia," aims to analyze the juridical implications of the absence of automated inheritance claim features on exchange platforms and the urgency of their regulation. This normative legal research employs statutory, conceptual, and comparative approaches to compare the governance mechanisms of inheritance claims on global and local crypto exchanges. The results indicate that the absence of specific regulations creates a legal vacuum that heightens uncertainty regarding heirs' civil rights. Comparative analysis reveals that local platforms still rely on manual administrative procedures, which can lead to legal constraints, whereas global platforms have integrated legal compliance systems. In conclusion, regulations mandating the availability of inheritance features on exchange platforms are essential for providing legal protection, preventing material loss, and ensuring legal certainty for heirs.
Legal Analysis Regarding The Implementation of The Indonesian Game Rating System (IGRS) in The Protection of Child Consumers in Indonesia Achmad Hanif Avicenna Setiady; Andriyanto Adhi Nugroho
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.v6i5.3554

Abstract

This study examines the implementation of the Indonesian Game Rating System (IGRS) within Indonesia's legal framework, focusing on child consumer protection in the digital gaming industry. Indonesia's rapidly expanding gaming market indeed generated economic benefits, but on the other hand, exposing children to age-inappropriate content at the same time. The Government responded by establishing the IGRS, a classification system based on age suitability and content descriptors, most recently revised through Minister of Communication and Digital Affairs Regulation No. 2 of 2024. Employing a normative legal method with statutory and conceptual approaches, this study analyzes relevant legislation, ministerial regulations, legal doctrine, and documented enforcement cases through descriptive-qualitative and teleological interpretation. The findings reveal that the IGRS remains structurally incomplete: it lacks a Government Regulation establishing binding enforcement, exhibits weak harmonization with Law No. 8 of 1999 on Consumer Protection, and relies on a self-classification model whose reliability was exposed by the 2026 Steam controversy. Enforcement in practice remains reactive, with no dedicated complaint mechanism for child consumers or their guardians. The study concludes that the IGRS has not yet achieved optimal legal protection for child consumers and recommends a comprehensive Government Regulation, an independent supervisory body, and accessible consumer redress mechanisms to strengthen Indonesia's digital game governance framework.
Juridical Analysis of the Use of a Power of Attorney to Sell Made Before a Notary that Gives Rise to the Criminal Act of Money Laundering (Case Study of Decision Number 248/Pid.B/2022/PN JKT.Brt) Alinda Julietha Adnan; Ali Abdullah
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.v6i5.3314

Abstract

This research is motivated by the misuse of a power of attorney to sell made before a notary without the presence and consent of the legally entitled party, whereby the deed was subsequently used as the basis for the unlawful transfer of land rights. This issue is important to examine because notarial deeds and deeds made by Land Deed Officials possess strong evidentiary value, yet in practice they may be misused to create the appearance of legality for transactions that are in fact contrary to law. This study aims to analyze the legal standing of a power of attorney to sell in relation to a deed made before a notary without the presence of the parties, as well as to analyze the use of such power of attorney that may give rise to the criminal act of money laundering. This research employs normative legal research using statutory and case approaches. The object of this study is the Decision of the West Jakarta District Court Number 248/Pid.B/2022/PN Jkt.Brt, examined through primary, secondary, and tertiary legal materials. The data were obtained through library research and analyzed qualitatively by connecting legal provisions, doctrines, and legal facts contained in the court decision. The results of the study indicate that a power of attorney to sell made without the presence of the parties does not fulfill the formal requirements of an authentic deed, as the notary is unable to verify the identity, intention, and consent of the grantor. Such a deed may lose its authentic evidentiary force and may be challenged as the basis for the transfer of land rights. Furthermore, the unlawful use of a power of attorney to sell may serve as a means to transfer, conceal, or disguise the origin of assets derived from criminal acts, particularly when certificates that have been transferred into another name are subsequently pledged as collateral, sold, or used to obtain economic benefit. These findings affirm that violations of deed-making procedures may affect the validity of a transaction and give rise to criminal liability.
Implementation Of Carbon Tax as an Effort to Improve The Economy and Preserve The Environment Endang Mahpudin; Yuniar Rahmatiar; 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.v6i5.3319

Abstract

Climate change has become a global challenge that needs to be addressed together. Indonesia is one of the countries that is vulnerable to climate change. The decline in environmental quality that has an impact on natural disasters can be detrimental to various parties. In Indonesia, Law Number 32 of 2009 concerning Protection and Management of the Environment has been enacted, which contains systematic and integrated efforts to preserve the environment and as an effort to prevent pollution and/or environmental damage. In addition, regulations have also been issued on carbon taxes in Article 13 of Law Number 7 of 2021 concerning Harmonization of Tax Regulations. The main objective of the carbon tax is to change the behavior of economic actors to switch to low-carbon economic activities, but the implementation of the carbon tax is currently still being postponed. The research methodology is a literature review, in the form of normative legal, qualitative. The data presented are secondary data obtained from various literature sources. This study concludes that in order to reduce the worsening environmental damage and also increase revenue from the Tax sector, it is necessary to implement a Carbon Tax, but the Law that has been issued has been postponed, with various considerations, so that the carbon tax can be implemented and run effectively, there is a need for improved regulations that not only function as economic tools, but also as drivers of behavioral change and technological development to achieve sustainability goals.
The Validity Of Receipts As Proof Of Payment In Land Sales And Purchases And Its Implications For Legal Certainty (Study Of Decision Number 11/Pdt.G/2024/Pn Majalengka) Rafi Galuh Arizky; Yuniar Rahmatiar; 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.v6i5.3320

Abstract

This study aims to analyze the evidentiary strength of receipts as proof in land sale transactions and the legal implications on the validity of agreements and transfer of rights when the seller’s whereabouts are unknown, as reflected in Decision Number 11/Pdt.G/2024/PN Majalengka. The research employs a normative juridical method with statutory and case approaches. The results indicate that a receipt, as a private document, has valid evidentiary value under Articles 1866 and 1874 of the Civil Code, provided it is supported by other evidence such as witness testimony, village records, and physical possession of the land. Although not executed in the form of a Sale and Purchase Deed (AJB), the agreement remains materially valid as it fulfills the requirements of Article 1320 of the Civil Code. However, administratively, the transfer of land rights cannot be registered without an AJB as required by Government Regulation No. 24 of 1997. In cases where the seller cannot be located, a court decision serves as a substitute legal basis to ensure legal certainty and protect good faith buyers.
Legal Protection for Consumers Using Online Motorcycle Taxi Services in the Red Zone Area of Motorcycle Taxi Bases Linked to Law No. 8 of 19999 Concerning Consumer Protection Diki Rexsi; Yuniar Rahmatiar; 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.v6i5.3321

Abstract

This study examines legal protection for consumers using online motorcycle taxi services in areas commonly referred to as red zones of conventional motorcycle taxi bases. The issue arises due to operational restrictions imposed on online motorcycle taxi drivers in certain areas, which limit consumers’ ability to freely choose transportation services. The purpose of this research is to analyze the forms of legal protection for consumers and the responsibilities of service providers and the government in ensuring consumers’ freedom to choose transportation services. This research uses a normative legal research method with statutory and conceptual approaches through the analysis of legislation, legal literature, and legal doctrines related to consumer protection and transportation services. The results indicate that legal protection for consumers of online motorcycle taxi services is guaranteed through consumer protection regulations that recognize the rights of consumers to safety, comfort, and freedom to choose services. In addition, the responsibility of service providers and the government is essential in ensuring a fair transportation system that provides legal certainty for society. Therefore, cooperation between service providers and the government is necessary to ensure optimal protection of consumer rights.
Criminal Responsibility Of National Road Organizers For Traffic Accidents On The Pantura Road As Seen From The Theory Of Legal Certainty Ibnu Susilo; Muhamad Gary Gagarin; 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.v6i5.3335

Abstract

This study examines the qualification of criminal liability of national road administrators for traffic accidents caused by road damage based on Article 273 of Law Number 22 of 2009 concerning Traffic and Road Transportation, as well as the problems of law enforcement in the Pantura Jatisari area from the perspective of legal certainty theory. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that national road administrators may be held criminally liable if negligence in road maintenance is proven to cause traffic accidents. The elements include culpa (negligence), unlawful act, and causality between road damage and the accident. However, in practice, the enforcement of Article 273 still faces various obstacles, such as unclear division of authority between institutions, weak implementation of criminal sanctions, and difficulties in proving causality. These conditions result in the failure to achieve legal certainty in holding road administrators accountable. Therefore, regulatory strengthening, clarity of responsible subjects, and consistent law enforcement are necessary to ensure road user safety and to realize the principle of legal certainty in public infrastructure governance.
Normative Review of EU Unilateral Data Flow Regulation and Non-Discrimination Annisa Fitria; Rita Alfiana
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.v6i5.3408

Abstract

The rapid expansion of the digital economy has intensified regulatory tensions surrounding cross-border data flows. The European Union’s unilateral measures—particularly the General Data Protection Regulation (GDPR) and the adequacy decision mechanism—have reshaped global data governance. While intended to safeguard personal data, these measures raise concerns regarding their compatibility with the principle of non-discrimination under the WTO/GATS framework and their broader implications for international digital trade. This study employs a normative legal research approach, analyzing primary legal sources including the GDPR, WTO/GATS provisions, adequacy decisions, and relevant jurisprudence of the Court of Justice of the European Union. It also incorporates comparative policy analysis and doctrinal interpretation to evaluate the trade-related effects of the EU’s unilateral regulatory actions. The research aims to assess whether the EU’s unilateral regulation of cross-border data transfers constitutes a legitimate exercise of regulatory sovereignty or functions as a disguised restriction on trade. It further seeks to examine the extent to which such measures align with the non-discrimination principle in international digital trade law. The findings indicate that although the GDPR’s extraterritorial scope enhances global data protection standards, its compliance requirements impose disproportionate burdens—particularly on developing countries—potentially amounting to non-tariff barriers. Selective adequacy decisions risk undermining multilateralism, contributing to regulatory fragmentation, and widening the global digital divide. This study contributes a normative trade-law perspective to the discourse on EU data governance, critically linking data protection regulation with WTO non-discrimination principles and highlighting the need for more inclusive, transparent, and multilateral digital governance reforms.
Recommendations for Prosecution Policies Concerning Offenders with Mental Disabilities in Indonesia from a Victimological Perspective Amir Amir; Annisa Putri Amalia; budiarsih budiarsih
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.v6i5.3470

Abstract

The development of criminal law in Indonesia reflects a shift from a retributive approach toward a more humane and restorative justice-oriented approach, including in the treatment of offenders with mental disabilities. This study aims to analyze the forms of legal protection afforded to offenders with mental disabilities from a victimological perspective and to formulate more responsive prosecution policy recommendations. The research employed an empirical legal method with a qualitative approach through interviews, observations, and document analysis involving police investigators, public prosecutors, forensic psychiatrists, academics, and disability advocacy institutions. The findings indicate that legal protection has been provided through the postponement of legal status determination pending psychiatric assessment, the use of forensic psychiatric examinations, the provision of reasonable accommodation, and the prioritization of rehabilitative measures over imprisonment. However, its implementation remains suboptimal due to the absence of standardized technical guidelines, limited mental health facilities, and the persistence of punitive orientations within the criminal justice system. From a victimological perspective, offenders with mental disabilities occupy a dual position as both offenders and victims who are vulnerable to secondary victimization. Therefore, prosecution policies should emphasize rehabilitative and therapeutic approaches, as well as the protection of the rights of persons with disabilities, in order to achieve substantive justice within Indonesia’s criminal justice system.
Constitutional Democracy and Regulatory Vacuum During the Transition Period: A Study of Constitutional Court Decision No. 135/PUU-XXII/2024 Abdi Edison; Made Warka
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.v6i5.3500

Abstract

This study aims to examine the constitutional issues arising from the lack of regulations regarding the transition period for members of the Regional People’s Representative Council (DPRD) following the issuance of Constitutional Court Decision No. 135/PUU-XXII/2024, while also formulating a regulatory model consistent with the principles of constitutional democracy. The Constitutional Court’s decision has altered the structure of simultaneous elections by separating national elections from local elections. This change has created a mismatch between the end of the terms of office for DPRD members elected in the 2024 general election and the timing of the next local elections. This situation has the potential to create a legal vacuum (rechtvacuum), leading to legal uncertainty and raising issues of democratic legitimacy in the administration of local government. This study employs a normative legal research method using a statutory approach, a conceptual approach, and a case study approach. The research analysis is based on the theory of constitutional democracy, the theory of legal vacuum (rechtvacuum), the theory of legitimacy, the theory of political representation, and the theory of constitutional engineering. The results of the study indicate that the absence of transitional norms has the potential to undermine the principles of popular sovereignty, the rule of law, and political representation—all of which are constitutionally guaranteed under the 1945 Constitution of the Republic of Indonesia. Among the alternatives under consideration, the hybrid transitional model is viewed as the most suitable option for implementation within the context of Indonesia’s constitutional system. This model combines a limited, one-time extension of the terms of office for members of the Regional People’s Representative Council (DPRD) with the holding of local elections at a time explicitly stipulated by law. Such an arrangement is deemed capable of striking a balance between legal certainty, democratic legitimacy, the continuity of local government administration, and the protection of citizens’ constitutional rights. Therefore, it is necessary to establish transitional norms through legislative amendments that comprehensively regulate the transitional mechanism for the terms of DPRD members following the implementation of Constitutional Court Decision No. 135/PUU-XXII/2024.

Page 135 of 141 | Total Record : 1406

 133   134   135   136   137 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities 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