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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
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Protection of Citizens' Constitutional Rights in the Implementation of General Elections Hadrean Renanda; Vieta Imelda Cornelis; Nur Handayati; Fitri Ayuningtyas
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.v6i5.3533

Abstract

General elections constitute one of the primarymanifestations of popular sovereignty in a democraticconstitutional state. In Indonesia, the implementation ofelections is not merely a political mechanism for transferringpower but also a constitutional instrument to guaranteecitizens' political rights. Nevertheless, various issuesfrequently arise in electoral implementation, includinginaccuracies in voter registration, electoral violations, moneypolitics, misuse of authority, and limited access for vulnerablegroups. These conditions raise concerns regarding the extentto which constitutional rights are effectively protected duringelectoral processes. This study aims to analyze the protectionof citizens' constitutional rights in general elections from theperspective of constitutional law. The research employs a normative juridical method using statutory, conceptual, andcase approaches. The findings reveal that constitutionalprotection of political rights has been firmly guaranteed underthe 1945 Constitution and several electoral regulations. However, practical implementation still faces obstacles thatmay hinder the realization of constitutional guarantees. Therefore, strengthening democratic institutions, improvingelectoral administration, enhancing legal enforcement, andincreasing public participation are essential to ensure theprotection of constitutional rights within democraticgovernance. The study concludes that the realization ofconstitutional rights in elections depends not only on legal norms but also on the commitment of state institutions andsociety to uphold democratic principles.
The Effectiveness of Legal Protection For Daily Wage Workers in The Property Sector: A Substantive Justice Perspective Ahmad Yanuar Alvaro; Rosita Candrakirana
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.v6i5.3534

Abstract

This study aims to analyze the effectiveness of legal protection for daily wage workers in the property sector from a substantive justice perspective, using PT Syailendra Adidaya Group as a case study. The study is motivated by the increasing use of daily wage workers in the property industry, which often creates vulnerabilities regarding wage protection, legal certainty, and the fulfillment of workers’ normative rights. Although Indonesian labor law provides comprehensive regulations concerning employment relationships and wage protection, practical implementation frequently reveals discrepancies between legal norms and workplace realities. The urgency of this research lies in the need to examine whether legal protection can be considered effective when formal labor standards are not fully implemented but employment relations remain stable and socially accepted. This research employed a normative legal approach supported by empirical data through statutory and conceptual approaches. Data were collected through library research and semi-structured in-depth interviews with selected informants at PT Syailendra Adidaya Group and analyzed using a prescriptive legal method. The findings indicate that legal protection for daily wage workers has not been fully effective from a normative perspective due to the absence of written employment agreements and wage practices that do not entirely comply with statutory standards. However, the employment relationship demonstrates a form of substantive justice supported by economic considerations, business sustainability, and mutually accepted employment arrangements. The study concludes that effective labor protection should integrate legal certainty, social legitimacy, and substantive justice to ensure balanced and sustainable industrial relations in the property sector.
Judicial Pardon Under Article 54(2) of the 2023 Criminal Code: A Proportionality Analysis of Sentencing in the Garut and Mempawah District Court Decisions Chandra Marojahan Panggabean; Saefullah; Anwar Budiman
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.v6i5.3535

Abstract

This study examines the legal construction of judicial pardon (pemaafan hakim) under Article 54(2) of Law Number 1 of 2023 on the Criminal Code (KUHP) and evaluates its application through the lens of sentencing proportionality. Employing a normative legal research methodology with prescriptive analysis, the study applies statutory, case, and conceptual approaches to two district court decisions: Putusan Pengadilan Negeri Garut No. 412/Pid.B/2025/PN Grt, involving intentional assault resulting in serious facial injury, and Putusan Pengadilan Negeri Mempawah No. 512/Pid.B/2025/PN Mpw, involving negligent homicide in a workplace setting. The findings show that judicial pardon is a corrective mechanism in sentencing that does not eliminate the criminal act or the offender’s guilt, but removes the imposition of a sentence on the basis of particular considerations. Its application must be read together with Article 54 paragraph (1) of the 2023 Indonesian Criminal Code and limited by the principle of proportionality. The Garut District Court Decision tends to be proportional with certain reservations, as it involved reconciliation, forgiveness from the victim, and reimbursement of medical expenses, although the injury suffered by the victim was relatively serious. Conversely, the Mempawah District Court Decision tends to be less proportional because it involved the death of the victim, thereby requiring stronger judicial reasoning, particularly concerning victim protection, public interest, and the necessity of punishment. These findings affirm the importance of clear guidelines for the application of judicial pardon in order to prevent sentencing disparity in modern Indonesian criminal justice practice.
Judicial Legal Reasoning in the Ruling on PT Jiwasraya (Persero) Regarding Provest Saving Plan Policy Claims (A Study Of Decision Number 05/Pdt.G.S/2021/Pn.Jkt.Pst) Fikrun Khair; Wetria Fauzi; Yussy Adelina Mannas; Darmaiza; Bismil Tirta Jalisman
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.v6i5.3540

Abstract

PT Asuransi Jiwasraya (Persero) defaulted on claims related to its Provest Saving Plan (JS Saving Plan), an investment-linked insurance product marketed via bancassurance that claimed returns which it ultimately failed to fulfil, resulting in significant losses for policyholders and the state. The default resulted in two judicial rulings obtained via distinct procedural avenues, yielding conflicting results: Decision Number 05/Pdt.G.S/2021/PN.Jkt.Pst via a small-claim action predicated on default (wanprestasi), and Decision Number 759/Pdt.G/2021/PN.Jkt.Pst via a standard civil action based on an unlawful act (perbuatan melawan hukum). This study analyses the legal obligations of PT Asuransi Jiwasraya to Provest Saving Plan policyholders in cases of default, as well as the court's rationale in both rulings. This research utilises normative legal analysis through statutory and case law methodologies. The findings indicate that PT Asuransi Jiwasraya's legal responsibility arises from a valid reciprocal insurance contract and is multifaceted, encompassing civil liability derived from contractual obligations and tortious liability as strict liability; individual criminal liability of directors who violated prudential principles and good corporate governance; and administrative liability enforced by the OJK, resulting in the revocation of its business licence and the dissolution of the company. Secondly, a divergence exists in the judges' legal reasoning stemming from varying interpretations of the term "may" (dapat) within the dispute-resolution clause of the General Policy Terms: in Decision Number 05/Pdt.G.S/2021/PN.Jkt.Pst, the clause was interpreted as facultative, resulting in the suit being granted, whereas in Decision Number 759/Pdt.G/2021/PN.Jkt.Pst, the identical clause was interpreted as a procedural obligation, leading to the suit being deemed premature and inadmissible. This research concludes that upholding policyholders' rights through decisions that safeguard individual consumers aligns more closely with the tenets of corrective and procedural justice, and that a uniform standard for interpreting dispute-resolution clauses is essential to ensure legal certainty and protect policyholders.
Indonesian Air Force Transformation Strategy Towards Multi-Domain Operations (MDO) Through Adapting The Asian Country Model To Face Modern Warfare Alem Safiero; Rahmad Hidayat; M. Sudardi Sufri Hasta; Prito A.D.R; Enggal Augusendy; I Gde Prabawa
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.v6i5.3545

Abstract

Perkembangan lingkungan strategis global dan perubahan karakter peperangan modern telah mendorong transformasi konsep operasi militer dari pendekatan domain tunggal menjadi Operasi Multi-Domain (MDO) yang mengintegrasikan domain darat, laut, udara, siber, ruang angkasa, dan spektrum elektromagnetik untuk menciptakan keunggulan pengambilan keputusan. Kondisi ini mengharuskan Angkatan Udara Indonesia (TNI AU) untuk melakukan transformasi agar mampu mengatasi ancaman multidimensi yang semakin kompleks di kawasan Indo-Pasifik dan lingkungan strategis nasional. Studi ini bertujuan untuk merumuskan strategi dan peta jalan transformasi TNI AU menuju MDO dengan mengadaptasi model negara-negara Asia, khususnya Jepang, Korea Selatan, Singapura, dan India. Kajian ini menggunakan metode kualitatif dengan pendekatan deskriptif-analitis serta pendekatan konseptualisasi, komparatif, dan strategi melalui kajian literatur tentang doktrin militer, kebijakan pertahanan, regulasi, dan literatur terkait. Hasil penelitian menunjukkan bahwa TNI AU memiliki fondasi awal menuju operasi multi-domain melalui pengembangan konsep Sistem Pertahanan Angkatan Udara CAKRA, penguatan organisasi Koopsudnas, pengembangan Tactical Data Links, kemampuan siber dan ruang angkasa, serta implementasi Network Centric Warfare. Namun, transformasi ini masih menghadapi beberapa tantangan, seperti kurangnya definisi operasional MDO yang sesuai dengan karakteristik Indonesia, interoperabilitas sistem yang terbatas, kebutuhan untuk memperkuat kemampuan C4ISR/C5ISR/C6ISR, kesiapan sumber daya manusia multidomain, dan penguatan perlindungan industri nasional. Studi ini menyimpulkan bahwa transformasi Angkatan Udara Indonesia MDO perlu diimplementasikan secara bertahap menuju praktik adaptasi terbaik dari negara-negara Asia sambil tetap mempertimbangkan karakteristik geografis Indonesia, sistem pertahanan total, dan kepentingan pertahanan nasional untuk mewujudkan angkatan udara yang terintegrasi, adaptif, dan siap menghadapi peperangan modern.
Protection of Constitutional Rights To A Good And Healthy Living Environment Through Post-Mining Fund Management In Bankruptcy Conditions: An Analysis Of State Authority In The PT Kobatin Case Sudirman; Abdul Rasyid Saliman; Enny Agustina
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.v6i5.3552

Abstract

When a mining firm declares bankruptcy, it poses a grave danger to the right to a decent and healthy environment, as stated in Article 28H paragraph (1) of the 1945 Constitution. Using the pari passu pro rata parte basis to pay off creditors, the PT Kobatin case revealed a serious lack of environmental protection by diverting cash meant for reclamation and post-mining guarantees into the bankruptcy estate. In light of the state's constitutional duty to maintain high standards of environmental protection even in the face of bankruptcy, this research seeks to both examine that power and provide a legal interpretation that brings bankruptcy law into harmony with those standards. By reviewing statutes, regulations, judicial rulings, and constitutional law theory, this study employs a case-based normative juridical research methodology. The research findings show that the commercial court placed reclamation funds as bankruptcy assets without considering the human rights dimension and the state's constitutional obligations, creating a false hierarchy of interests between the economic interests of creditors and the constitutional rights of citizens. The implications of this research urge legal reform to establish environmental guarantee funds as trust funds separate from bankrupt estates, strengthen state authority through state's parens patriae in bankruptcy cases involving environmental interests, and establish an environmental priority creditor mechanism that places environmental restoration obligations above the interests of commercial creditors in order to ensure the sustainability of the constitutional rights of future generations.
Analysis of the Effectiveness of the Implementation of Home Affairs Ministerial Regulation No. 1 of 2016 in Resolving Legal Cases Regarding Lost Village Assets Rifa Herawati; Yandi; Enny Agustina
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.v6i5.3558

Abstract

An essential part of having responsible, open, and service-oriented village leadership is managing the community's assets. Village assets are valuable for more than only their monetary and administrative worth; they are also a strategic tool for the development and well-being of village communities. However, there are still many issues in reality, and one of them is the possible loss of local assets due to poor governance. This might lead to financial hardship for the village. There has been little research on the efficacy of Minister of Home Affairs Regulation Number 1 of 2016 in addressing instances of missing village assets, however it does provide a legal framework for village asset management. The purpose of this research is to examine the Minister of Home Affairs Regulation No. 1 of 2016 and its impact on village governance practices, specifically looking at the legal settlement procedure for lost village assets. Legislative, conceptual, and case-based empirical research methodologies are used in this study. examination of relevant literature, research of applicable regulations, and examination of relevant village asset management methods were used to collect the data. Asset identification, administrative examination, responsibility determination, administrative sanctions, or further legal steps if civil or criminal elements are found are the stages that make up the legal resolution mechanism for the loss of village assets, according to the research results. Normative shortcomings in technical rules, inadequate ability of village officials, insufficient supervision mechanisms, and an absence of a robust administrative legal culture at the village level have all contributed to the ineffective implementation of Home Affairs Ministerial Regulation Number 1 of 2016. Therefore, it is necessary to strengthen technical regulations, increase the capacity of village government officials, and optimize participatory oversight to realize more effective, accountable, and sustainable village asset governance.
Artificial Intelligence-Based Copyright Fiduciary Supervision: Strengthening Legal Certainty in Intellectual Property Financing Hardi Fardiansyah; Nanda Dwi Rizkia
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.v6i5.3560

Abstract

Government Regulation No. 24/2022 allows copyright to serve as a fiduciary security, but there is no integrated supervisory mechanism in place. The value of copyright is dynamic (influenced by royalties, licensing, and infringement), which poses risks to financial institutions and creates legal uncertainty. This study aims to analyze the regulatory framework for supervising copyright as an object of fiduciary security within the Indonesian legal system, and to examine the use of Artificial Intelligence (AI) as a supporting instrument for supervision (copyright fiduciary supervision) in order to strengthen legal certainty in intellectual property-based financing. The research employs a normative juridical method, utilizing statutory, conceptual, and comparative approaches. Legal materials were obtained from regulations concerning copyright, fiduciary security, and intellectual property-based financing, as well as from relevant legal doctrines and literature. The findings indicate that while the regulations concerning copyright as an object of fiduciary security have provided a legal basis for intellectual property-based financing, they have not yet established a supervisory model capable of monitoring changes in both the legal status and economic value of copyright during the financing period. AI has the potential to be optimized as a decision-support system by monitoring ownership status, licensing agreements, royalty income, commercialization activities, indications of copyright infringement, and changes in economic value that may affect the quality of fiduciary security. AI is intended to support, not replace, legal supervision over copyright fiduciary security. This study offers the concept of AI-based Copyright Fiduciary Supervision to provide legal certainty, risk mitigation, and effectiveness in intellectual property-based financing in Indonesia.
Indonesian National Standard Criminal Acts That Are Mandatory For Producers Kristanto Kristanto; Waty Suwarty Haryono; Ali Johardi Wirogioto
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.v6i5.3564

Abstract

Current developments in industry and global trade demand assurance of quality, security, and safety for products circulating in the community. Although the government has implemented mandatory Indonesian National Standards (SNI) with the threat of criminal sanctions, producers often compromise quality to reduce production costs, disregarding the risk of harm to end consumers. This study aims to analyze and describe the effectiveness of the implementation of laws and regulations regarding mandatory SNI by producers, as well as identify factors that influence the process of implementing these regulations in the field, evaluate and measure the level of producer compliance with mandatory SNI regulations, and map the legal and technical obstacles faced by producers in meeting established standards. Compliance plays a role in the modern economic legal order and should not be viewed positivistically, namely, simply as the status of ownership of licensing documents. Compliance is a dynamic behavioral variable, where a producer's normative compliance is constantly tested under the pressure of calculating rational business profits. Based on empirical fact-finding in court rulings and accumulated ministerial supervision data, it is revealed that producer compliance with mandatory SNI regulations is placed in a very fragile position.
Testing the Limits of Good Faith: The Consistency of Business Judgment Rule Standards in Criminal Adjudication Compared to Article 97(5) of the Indonesian Company Law (A Study of Supreme Court Decisions No. 121K/Pid.Sus/2020 and No. 1401K/Pid.Sus/2014) Rayhan Qeis Thufeil Lubis; Satino Satino
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.v6i5.3569

Abstract

This research compares Supreme Court Decision No. 121 K/Pid.Sus/2020 and Decision No. 1401 K/Pid.Sus/2014 to examine whether Indonesian courts apply a consistent standard of good faith under Article 97(5) of Law No. 40 of 2007 when the Business Judgment Rule is raised as a defense in criminal cases involving state-owned enterprise directors. Using a normative legal research method, this research finds that the two panels applied fundamentally different approaches, with neither decision applying all four conditions of Article 97(5). This inconsistency reveals that the provision offers no reliable protection in practice due to the absence of a written and measurable standard of good faith. This research recommends a legislative amendment to Article 97(5) and a formal Supreme Court ruling to ensure consistent application.

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