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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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Juridical Analysis of the Cooperation Agreement Between Gema Santi Hospital and Udayana University Concerning Medical Specialist Doctor Education Program at Gema Santi Regional General Hospital, Nusa Penida I Putu Bramantra Tangsakha Kesuma; I Wayan Parsa; Luh Nyoman Alit Aryani
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.v6i5.3588

Abstract

Health development in archipelagic regions faces a critical shortage of specialist doctors, addressed by placingSpecialist Doctor Education Program Participants at Gema Santi Hospital via a Cooperation Agreement. However, this agreement lacks clear boundaries for clinical authority and definitive legal protection. This study aims to comprehensively analyze the regulatory frameworks governing legal protection and liability forSpecialist Doctor Education Program during medical disputes related to the agreement's implementation. This investigation constitutes normative legal research, operationalized through statutory and conceptual approaches. The processing of primary and secondary legal materials was conducted qualitatively, employing descriptive, interpretive, evaluative, and argumentative analytical techniques to dissect the prevailing norms and contractual clauses. The juridical analysis reveals that legal protection forSpecialist Doctor Education Program remains critically weak because the agreement exclusively regulates administrative logistics without attaching precise Clinical Privileges for the ambiguous "Independent Senior Resident" terminology This liability construct reveals a contradiction between institutional vicarious liability and individual criminal risks Furthermore, the agreement fails to accommodate professional liability insurance and prematurely directs prospective disputes to the District Court without prior medical mediation. In conclusion, the current agreement lacks comprehensive legal protection and juridical certainty, possessing high potential to trigger criminalization and impose disproportionate financial burdens upon medical professionals. It is strongly recommended that both institutions draft an addendum mandating the issuance of Clinical Privileges, the integration of professional indemnity insurance, and alternative dispute resolution clauses.
The Regulation of Wakaf Tunai Calon Pengantin as a Cash Waqf Scheme for Advancing Mashlahah for Family Economic Resilience Hanifa Aini; Yasniwati; Devianty Fitri
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.v6i5.3597

Abstract

This research examines the legal status of Cash Waqf for Prospective Brides and Grooms (WTC) in islamic regulatory frameworks to ensure legal certainty and enhance transparency. This research is a descriptive normative juridical research with statute approach and conceptual approach. The results of this research indicate that the normative status of WTC remains unclear, leading to legal uncertainty and gaps that need to be addressed immediately. Substantively, WTC aligns with maqashid syariah as it is oriented towards strengthening family economic resilience. However, in practice, it has not been realised due to unclear guidelines for implementation, low wakaf literacy, a lack of transparency, conflicts with extortionate fees, and the failure to distribute benefits effectively. This research recommends that WTC need to be supported by technical regulations aligned with national waqf law, involving BWI and the Ministry of Religious Affairs and that the concept of mashlahah mursalah serve as the foundation for drafting family-oriented regulations, such as BWI decrees, circular letters, and operational guidelines for the WTC. The optimalisation of the role of the BWI, the Ministry of Religious Affairs, and the BWI representatives, and strengthening of transparency through a real-time dashboard similar to the 'SatuWakaf' system.
Abuse of Prosecutorial Authority and Ethical Violations in the Robot Trading Fahrenheit Case Jesslyn Vircilya Chow; Ferisha Iskandar; Jessica Tan; Cornelia Editha Santoso; Chelsea Shine Efendy; Lezhna Nayla Nurjihan; Christine Susanti
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.v6i5.3598

Abstract

Abuse of authority by prosecutors constitutes a form of misconduct that not only violates the law but also undermines the integrity of the prosecution service and public trust in the criminal justice system. This study aims to analyze the forms of abuse of authority and violations of the prosecutorial code of ethics in handling the Robot Trading Fahrenheit criminal case, as well as the legal implications arising from such misconduct. This research employs a normative legal method using statutory and case approaches through the analysis of legislation, the prosecutorial code of ethics, court decisions, and relevant legal literature. The findings show that Prosecutor Azam Akhmad Akhsya abused his authority by exploiting his position for personal gain through the manipulation of law enforcement administration, the creation of fictitious beneficiaries, and the misappropriation of IDR 11.7 billion allocated for the return of seized assets. His conduct fulfilled the elements of corruption under Article 12(e) of the Anti-Corruption Law and violated Attorney General Regulation No. 4 of 2024 concerning the Prosecutors' Code of Conduct. The study concludes that such misconduct gives rise to criminal, ethical, and administrative liability, highlighting the need to strengthen internal oversight and enforcement of the prosecutorial code of ethics to uphold professionalism and institutional accountability.
Legal Analysis of The Implementation of Village Community Participation In Forming Public Policies (Village Regulations) Saiful Aziz; Muh Saleh; Surawijaya
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.v6i5.3601

Abstract

Study This aim analyze implementation participation public in formation Regulation Village reviewed from perspective juridical . Research use method law juridical empirical with approach qualitative through studies bibliography , interviews , and documentation . Research results show that participation public has implemented through deliberation village in accordance provision regulation legislation , however Still nature procedural and not yet fully reflect meaningful participation . Barriers​ main covering low access information , domination of village elites , and Not yet optimally the role of the Consultative Body Village . Therefore that , is necessary strengthening transparency , empowerment society , and optimization BPD function to realize formation Regulation A democratic , participatory and just village
Legal Protection Theory for Inclusiveness Focusing on the Fulfillment of the Right to Work Dyah Hapsari Prananingrum; Thyrone Jehuda Mandagi
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.v6i5.3611

Abstract

Learning from local cases to be adopted in a global context, especially the right to work for people with disabilities and the role of foundations in Yogyakarta as intermediaries for disabled workers' partners with companies. This study focuses on how the law provides protection for the right of inclusion to work as a fulfillment of human rights and the role of foundations in this context. This research attempts to evaluate existing laws and policies related to inclusion and provide suggestions for legal development needed in the legal protection law frame. This research is a legal research using empirical legal methodology where reliable data is collected directly from field evaluation. The main techniques for collecting data are interviews with key informants and documentary research. This research utilizes qualitative analysis, which is conducted concurrently with the data collection procedure. This study concludes that to strengthen inclusiveness in inclusive labor standards, laws and internal regulations must be made to regulate.
Protection of the Rights of Secured Creditors Who Reject the Composition in the Suspension of Debt Payment Obligations: An Analysis of Articles 281 and 286 of the Law on Bankruptcy and Suspension of Debt Payment Obligations from the Perspective of Legal Politics and Legal Certainty Biner Sihotang
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.v6i5.3614

Abstract

This research analyzes the legal position of secured creditors who reject the composition in the Suspension of Debt Payment Obligations (PKPU) process, particularly in relation to the normative conflict between the Law on Mortgage Rights (UUHT) and the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU). The UUHT provides absolute protection through the principles of droit de préférence and droit de suite, whereas the PKPU limits these rights through the stay period and the voting mechanism of the composition plan. Tension arises when secured creditors who reject the composition remain bound by the voting outcome, even though their rights originate from proprietary security rights that constitute real rights. By using a normative juridical method enriched with a legal hermeneutic approach, a limited comparative analysis, and a legal-political analysis, this research finds that Articles 281 and 286 of the UUK PKPU do not provide adequate protection mechanisms for secured creditors. The minutes of the Working Committee of the House of Representatives of the Republic of Indonesia (DPR-RI) in 2004 indicate that the lawmakers did not intend to downgrade the status of proprietary rights; thus, the current normative design of the PKPU creates a legislative gap that deviates from the original objectives of its formation. The lack of synchronization between the Law on Mortgage Rights (UUHT) and the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU) creates legal uncertainty, undermines substantive justice, and has serious implications for the investment climate and national financial stability. This research recommends regulatory harmonization through objection procedures, opt-out mechanisms, protection of collateral value, and the revision of Article 286 of the UUK PKPU to align with the principles of proprietary rights and international standards of creditor protection. Keywords: Mortgage rights, legal certainty, secured creditors, Suspension of Debt Payment Obligations (PKPU)
Juridical Construction of Data Accuracy Principles in Personal Data Protection Governance: A Comparative Analysis of Indonesia and Singapore Seroja Rizki Amelia; Sidi Ahyar Wiraguna
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.v6i5.3621

Abstract

The transformation of personal information into strategic commodities within digital ecosystems has elevated data quality governance beyond mere administrative concerns to a constitutional imperative. This study examines the juridical construction of the accuracy principle within Indonesia's Law Number 27 of 2022 on Personal Data Protection (PDP Law) and contrasts this with Singapore's Personal Data Protection Act 2012 (PDPA). Using normative-comparative legal research enriched with statutory, conceptual, and comparative functionalism approaches, this research evaluates whether Indonesia's regulatory framework provides sufficient operational certainty for data controllers and adequate protection for data subjects. The analysis reveals that while Article 16 of the PDP Law nominally mandates accuracy, completeness, and consistency, the provision remains declarative and lacks definitional precision, temporal updating mechanisms, and clear liability parameters. Conversely, Singapore's PDPA operationalizes accuracy through the Accuracy Obligation and Correction Obligation, enforced by an independent Personal Data Protection Commission (PDPC) with investigative and sanctioning powers. This study proposes a juridical reconstruction of Indonesia's accuracy principle through periodic data audits, effective correction protocols, risk-based governance calibration, and the establishment of an independent supervisory authority with quasi-judicial competencies.  
Marriage Contracts as a Form of Legal Protection for Married Couples I Putu Arik Adi Wiguna; Putu Ayu Sriasih Wesna; I Wayan Kartika Jaya Utama
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.v6i5.3627

Abstract

Article 29(2) of the Marriage Law and Article 139 of the Civil Code do not explicitly regulate the substance of clauses that may be included in a prenuptial agreement, thereby creating ambiguity in the legal norms and leading to multiple interpretations in their application. This study examines two issues: the regulation of clauses in prenuptial agreements for married couples and the role of such clauses in ensuring legal protection for married couples. This study employs a normative legal research method using a statutory and conceptual approach, as well as qualitative analysis of legal materials through a literature review. The results of the study indicate that the regulation of marriage agreement clauses is based on the Civil Code, the Marriage Law, the Compilation of Islamic Law, and Constitutional Court Decision No. 69/PUU-XIII/2015. Based on the principle of freedom of contract, the parties may include clauses regarding the separation of assets or the protection of the parties’ interests, provided they do not conflict with the law, religion, and public morality. The clauses in a marriage contract serve as a means of preventive and repressive legal protection that ensures legal certainty, justice, and public benefit—including the protection of assets, protection in the event of divorce, and protection against third parties through the principle of publicity regarding the registration of marriage contracts.
Legal Analysis Of Fraudulent Fictitious Claims (Phantom Billing) In The Implementation Of The National Health Insurance Program In Solo Raya Setyarini; Imam Ropii; Carolina Kuntardjo; Marsudi Dedi Putra
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.v6i5.3649

Abstract

This study aims to: (1) analyze the occurrence of fictitious claims (phantom billing) by healthcare providers in the implementation of the National Health Insurance (JKN) program in the Solo Raya region, and (2) examine the strategy of the Health Social Security Agency (BPJS Kesehatan) in preventing such fraud. This empirical legal study employs a socio-legal approach using primary and secondary data collected through interviews, document analysis, literature review, and website sources. The data were analyzed qualitatively and prescriptively. The findings indicate that phantom billing is mainly caused by weaknesses in the manual reporting system, limited supervision, and low integrity among certain healthcare personnel, compounded by financial pressures and delayed data verification. BPJS Kesehatan addresses these issues through digital transformation, including biometric authentication, integrated electronic medical records, stronger cross-sector coordination, enhanced internal verification, and continuous fraud prevention education to improve accountability and integrity in JKN services.
A Juridical Analysis of the Regulation and Settlement of Breach of Contract in Civil Litigation: A Study of Decision Number 328/Pdt.G/2021/PN JKT.SEL Arini Saarah Aliyya Wibowo
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.v6i5.3653

Abstract

This research is titled  “A Juridical Review of the Regulation and Settlement of Default in Civil Cases Based on Decision Number 328/Pdt.G/2021/PN JKT.SEL”. The aim of this study is to understand the regulation of default as stipulated in the Civil Code (BW) and to analyze how the panel of judges assesses the fulfillment of the elements of default in the specific case. This research uses the doctrinal or normative legal method with a statutory approach and case approach, where the data used are sourced from primary, secondary, and tertiary legal materials. The analytical technique employed is descriptive qualitative, aimed at explaining the legal provisions related to sales agreements, the obligations of the parties, performance fulfillment, and payment guarantees inherent in the agreement. The case study analyzed involves a dispute between the plaintiff and defendant concerning a payment guarantee clause provided by the guarantor, which becomes a key point in determining the equality of responsibility between the principal debtor and the guarantor under Article 1832 of the Civil Code. The results of this research are expected to provide a more comprehensive understanding of the practice of resolving default disputes in Indonesia, as well as contribute to the development of academic studies in the field of civil law.

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