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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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A Legal Protection Model for the Resolution of Child Labor Disputes in Companies under Indonesian Employment Law Siti Nurhayati; Rika Jamin Marbun
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.v6i5.3669

Abstract

Child laborers are a vulnerable group facing risks of economic exploitation, excessive working hours, inadequate wages, workplace accidents, unilateral termination of employment, and disruption of their rights to education and healthy growth and development. This study aims to analyze legal protections for child laborers in companies and to formulate a dispute resolution model oriented toward the best interests of the child. The study employs a normative legal method using both a statutory and a conceptual approach. Primary legal sources include labor regulations, child protection laws, industrial relations dispute resolution provisions, international conventions, Constitutional Court rulings, and labor inspection regulations. The research findings indicate that the Labor Law, in principle, prohibits companies from employing children but provides limited exceptions for light work, work for educational or training purposes, and work intended to develop talents and interests. Resolving child labor disputes is insufficient if it relies solely on industrial relations dispute mechanisms, as some cases may involve elements of exploitation, violence, child trafficking, or hazardous work. This study proposes an Integrated Legal Protection Model for Child Labor consisting of four layers: prevention and corporate compliance; child-friendly complaint handling; resolution through dual channels of labor and child protection; and recovery and ongoing monitoring. This model treats the fulfillment of children’s rights, the cessation of hazardous work, the payment of labor entitlements, educational rehabilitation, and law enforcement as a single, integrated process.
Beyond Single-Axis Protection: Reconstructing Labor Law for Disabled Women in Outsourcing Relations Tri Nurhayati; Riza Fibriani; Bagas Heradhyaksa; Haiyyu Darman Moenir
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.v6i5.3671

Abstract

Outsourcing arrangements place workers inside a triangular relationship. That relationship connects a principal company, an outsourcing agency, and the worker herself. Female workers with disabilities face a compounded disadvantage inside this structure. Their gender exposes them to wage discrimination. Their disability exposes them to exclusion from workplace accommodation. Indonesian labor law addresses gender, disability, and outsourcing status through three separate legal instruments. No prior study examines how these three conditions interact for a single worker. This research aims to reconstruct Indonesian labor law so that it treats this compounded condition as one distinct legal category. The research applies normative legal methods. It combines a statute approach with a conceptual approach. The statute approach examines Indonesian legislation, government regulations, and court decisions. The conceptual approach draws on intersectionality theory and the social model of disability. The results show that Indonesian law regulates disability, gender, and outsourcing status through three parallel tracks. These tracks never intersect. This separation produces a protection gap for disabled women placed through outsourcing agencies. The research proposes a reconstructed legal standard built on four components. These components are joint liability between the principal company and the outsourcing agency, a unified complaint procedure, grounding in international human rights instruments, and a statutory redefinition of employer status. This reconstruction gives Indonesian lawmakers a concrete pathway toward closing a protection gap that current law leaves invisible
A Legal Analysis of Constitutional Court Ruling Decision Number 195/PUU-XXIV/2026 on the Affirmation of Direct Popular Elections for Regional Heads from the Perspective of the 1945 Constitution of the Republic of Indonesia Juanda Juanda; Ogiandhafiz Juanda
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.v6i5.3690

Abstract

This study aims to analyze the legal reasoning and constitutional implications of Constitutional Court Decision Number 195/PUU-XXIV/2026 concerning the judicial review of Article 1 paragraph (1) of Law Number 8 of 2015 on the Election of Governors, Regents, and Mayors, as last amended by Law Number 6 of 2020. The petition was submitted on the grounds that the phrase "directly" created legal uncertainty and potentially allowed the regional head election mechanism to be shifted to representative institutions. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of the 1945 Constitution of the Republic of Indonesia, statutory regulations, Constitutional Court Decision Number 195/PUU-XXIV/2026, and relevant legal literature and scientific journals. The findings indicate that the Constitutional Court declared the petition inadmissible because the petitioners failed to satisfy the legal standing requirements under the Constitutional Court procedural law. Nevertheless, the Court's legal considerations reaffirm the importance of popular sovereignty, constitutional democracy, and legal certainty in the regional head election system. The decision strengthens the understanding that regional heads must continue to be elected directly by the people in accordance with Article 1 paragraph (2) and Article 18 paragraph (4) of the 1945 Constitution. This study concludes that the Constitutional Court's decision plays a significant role in preserving the consistency of local democracy, ensuring legal certainty regarding the regional election system, and reinforcing the principles of a democratic state governed by the rule of law in Indonesia
Shadow Management and Corporate Criminal Liability in the Palm Oil Export Controversy in Indonesia Martono Anggusti; July Esther; Budiman NPD Sinaga; Monalisa Marta Siahaan; Alex Denischael Berutu
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.v6i5.3452

Abstract

The development of corporate criminal law in Indonesia demonstrates the need to reconstruct the criminal liability model, which has tended to be oriented towards the formal structure of the company. In law enforcement practice, the determination of those responsible for corporate crimes is generally still based on the formal position of directors, even though in reality, strategic corporate decision-making does not always rest with those administratively listed as managers. This issue becomes increasingly relevant in the case of palm oil exports, particularly those related to Crude Palm Oil (CPO). Palm Oil (CPO), High AC ID Palm Oil Residue (HAPOR), and Palm Oil Mill Effluent (POME), which involves not only product classification and fiscal obligations, but also the identification of the parties who actually control corporate activities. This study aims to analyze the provisions on corporate criminal liability in Indonesian positive law, examining the relevance of the concept of effective control in determining the subject of corporate criminal liability, as well as formulating a reconstruction model of corporate criminal liability that is more in line with the development of modern corporate governance. This research is a normative legal research using a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials analyzed qualitatively using descriptive-analytical and prescriptive methods. The results of the study indicate that the formalistic approach in attribution of corporate criminal liability has limitations because it is not always able to identify parties who have real control over corporate decision-making. The phenomenon of shadow management indicates the possibility that the party that actually controls the corporation is outside the formal structure of the company. Therefore, the concept of effective Control becomes a more relevant instrument for determining criminal liability by emphasizing a person's actual ability to control a company's policies, operations, and economic benefits. This study concludes that the ideal model for corporate criminal liability is a hybrid model that integrates the company's formal structure with testing of factual control (effective control). control), so as to be able to realize legal certainty, benefit, and justice in enforcing corporate criminal law, especially in cases of CPO, HAPOR, and POME exports.
Constitutional Failure of The State In Protecting Witnesses: The Perspective of The Pancasila Rule of Law and The Reform of The Criminal Procedure Code RR. Duni Nirbayati; Agus Surono; 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.v6i5.3596

Abstract

This article examines whether the absence of legal provisions guaranteeing the right of witnesses to obtain legal assistance from advocates within Indonesia's criminal justice system constitutes a constitutional failure of the State to fulfill its obligations as a Pancasila-based rule of law, and how Law Number 20 of 2025 on the Criminal Procedure Code (KUHAP) responds to that failure. This study employs a doctrinal legal research method using statutory, conceptual, and historical approaches. The analysis demonstrates that for more than four decades, Article 54 of Law Number 8 of 1981 granted the right to legal assistance by an advocate exclusively to suspects and defendants, while witnesses who bear legal obligations imposed by the Statewere denied equivalent normative protection. This legal gap is inconsistent with the State's positive obligations under Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia and with the principles of the Pancasila Rule of Law, which place the balance between rights and obligations at the core of the legal system. Law Number 20 of 2025 represents a significant constitutional correction. However, its effectiveness will depend on the transformation of the legal culture among law enforcement officials, the effective enforcement of sanctions, and the expansion of access to free legal aid for indigent witnesses.
Juridical Study of Criminal Liability for State Financial Losses Based on Post-Audit Overpayment Calculations Following Constitutional Court Decision Number 28/PUU-XXIV/2026 Heri Perdana Tarigan
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.v6i5.3612

Abstract

Constitutional Court Decision Number 28/PUU-XXIV/2026 provides a constitutional interpretation of the phrase “state financial audit institution” in the Elucidation of Article 603 of Law Number 1 of 2023 concerning the Criminal Code. The ruling upholds Indonesia's Audit Board (BPK) as constitutionally authorized to investigate state financial losses, affecting evidence standards in graft prosecutions, especially regarding overpayment. This research aims to analyze the boundaries of criminal liability for state financial losses originating from overpayment findings and to examine the juridical implications of Constitutional Court Decision Number 28/PUU-XXIV/2026 on the authority of audit institutions in proving state financial losses. This study employs normative legal methodology combining statutory, conceptual, and case-based perspectives examining Constitutional Court rulings statutes and scholarship. Findings show that Constitutional Court Decision Number 28/PUU-XXIV/2026 does not change the actual loss doctrine that was established through Constitutional Court Decision Number 25/PUU-XIV/2016, but rather affirms that BPK is the audit institution possessing constitutional authority in the examination of state financial losses as referred to in the Elucidation of Article 603 of the National Criminal Code. Nevertheless, BPK’s audit results do not automatically give rise to criminal liability, because proving corruption still requires the fulfillment of the elements of real state financial loss (actual loss), unlawful conduct (actus reus), and the perpetrator’s fault (mens rea). Overpayment findings caused solely by administrative or technical errors cannot automatically be qualified as corruption crimes and, in principle, are more appropriately resolved through administrative law or civil law mechanisms in accordance with the principle of ultimum remedium.
Legal Liability of Corporate Transportation MSMEs as Non-Taxable Entrepreneurs Upon Exceeding the Statutory Turnover Threshold Enny Dwi Wulan Handayani; Miftahul Huda
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.v6i5.3613

Abstract

This study aims to analyze the legal basis of liability and the legal consequences for non-Taxable Entrepreneur (Non-PKP) Corporate Micro, Small, and Medium Enterprises (MSMEs) in the transportation services sector whose business turnover has exceeded the PKP threshold. This study employs a normative juridical research method with statutory and conceptual approaches. The results indicate that the legal basis for the liability of Corporate MSMEs in transportation services whose turnover exceeds IDR 4.8 billion is rooted in the constitutional obligation of Article 23A of the 1945 Constitution of the Republic of Indonesia, hierarchically derived through the VAT Law jo. Harmonization of Tax Regulations Law (UU HPP), PMK Number 164 of 2023, and PER-7/PJ/2025. Doctrinally, this legal liability arises by law (ex lege) upon meeting the objective turnover requirement, whereas the PKP confirmation decision by the tax authority is merely declaratory (beschikking) rather than constitutive. The logical consequence of implementing the self-assessment system demands active compliance from taxpayers in reporting their business. The legal consequences of non-compliance or negligence in registering after exceeding the turnover limit include the automatic termination of its fiscal exemption facility as a non-PKP small entrepreneur under the tax regime, while fundamentally retaining its corporate status as an MSME entity pursuant to the capital and turnover criteria governed under Government Regulation Number 7 of 2021. Furthermore, the taxpayer faces the risk of official PKP confirmation ex officio by the Directorate General of Taxes, the obligation to collect, remit, and report VAT on Taxable Services, corrective actions through tax audits, assessments, and collections, as well as the imposition of tax administrative sanctions under the KUP Law as a reparatoir sanction to restore state revenue, up to potential criminal sanctions under certain conditions.
The Urgency of The Judge's Supervisory Role Regarding Restorative Justice Implemented by Police Investigators to Prevent the Commodification of Criminal Cases Andreas Gunawan Cibro; Tahegga Primananda Alfath
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.v6i5.3626

Abstract

The urgency of the judge’s role as a supervisor over the implementation of restorative justice by police investigators has become an important issue in the development of Indonesia’s criminal justice system following the enactment of Law Number 1 of 2023 concerning the Criminal Code. The reform of national criminal law reflects a paradigm shift from a purely retributive approach toward a more restorative, humane, and recovery-oriented system. Within this framework, restorative justice is increasingly recognized as an alternative mechanism for resolving criminal cases by emphasizing reconciliation, restoration of losses, and the participation of offenders, victims, and the community in achieving a fair settlement. In practice, police investigators play a strategic role in determining whether a criminal case may be resolved through restorative justice at the investigation stage. However, the broad discretionary authority granted to investigators raises concerns regarding accountability, legal certainty, and the protection of victims’ rights. Normatively, various regulations have provided legal grounds for the implementation of restorative justice by the Indonesian National Police. Nevertheless, the existing legal framework has not yet clearly regulated the relationship between the authority of investigators to terminate investigations through restorative justice and the supervisory function of judges within the criminal justice system. This situation creates a legal gap that may lead to inconsistencies in the application of restorative justice and potentially weaken public confidence in criminal law enforcement. Therefore, the concept of Judicial Scrutiny emerges as a mechanism to ensure that restorative justice agreements are carried out voluntarily, fairly, and in accordance with the principles of restorative justice. Judicial supervision is expected to function as an instrument of checks and balances over the exercise of investigative discretion without undermining the effectiveness of criminal investigations. Furthermore, one of the major challenges in implementing restorative justice is the potential commodification of criminal cases through transactional settlements commonly referred to as “buying and selling cases.” The absence of effective supervisory mechanisms may increase the risk of abuse of authority and allow restorative justice to be used as a means of avoiding criminal accountability rather than achieving genuine restoration. In this regard, the role of judges as supervisors becomes increasingly important in ensuring that restorative justice remains oriented toward the protection and restoration of victims’ rights, accountability of offenders, and the realization of substantive justice. Accordingly, an ideal model of judicial supervision is required to create a more transparent, accountable, and fair restorative justice system while preventing the commodification of criminal cases within Indonesia’s criminal justice framework.
Implementation of Electricity Supply According To Law No. 30 of 2009 Concerning Electricity In Prospective Public Services Awaluddin Awaluddin; Basri Mulyani; ABD Muhid
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.v6i5.3638

Abstract

This study aims to analyze the implementation of electricity supply based on Law Number 30 of 2009 concerning Electricity from a public service perspective at PT PLN (Persero) ULP Selong, East Lombok Regency. The study uses an empirical legal method with an empirical juridical approach through observation, interviews, documentation, and literature studies. The results of the study indicate that the implementation of electricity services has implemented the principles of public service in the form of professionalism, transparency, accountability, legal certainty, and the use of digital technology through the PLN Mobile application. Service constraints are still influenced by geographical conditions and natural factors. The study concludes that the implementation of Law Number 30 of 2009 has gone well, but improvements in infrastructure quality, disruption mitigation, and equal distribution of services are still needed to realize optimal public services
Optimizing the Moronene Customary Oath (Tanduale) as a Mechanism for Dispute Resolution in Bombana Regency Jusafri Jusafri; Faisal Herisetiawan Jafar; Nur Hidayani Alimuddin; Habib Gansalangi
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.v6i5.3644

Abstract

This study aims to analyze the implementation mechanism and application of the Moronene Customary Oath (Tanduale) as a means of dispute resolution in Bombana Regency. This research employs an empirical normative legal method using both conceptual and statutory approaches. Data were collected through literature review, observation, interviews with Moronene customary leaders, and analysis of relevant documents. The findings reveal that the implementation of Tanduale consists of several stages, namely the emergence of a dispute, submission of the case to customary institutions, customary deliberation, ritual preparation, oath administration, issuance of a customary decision, and monitoring of customary consequences. Its effectiveness is supported by the community’s adherence to customary law, belief in the spiritual consequences of the oath, and the social legitimacy of customary authorities. Tanduale is commonly used in resolving disputes related to customary land rights, inheritance, allegations of theft, and violations of customary norms. This study confirms that Tanduale represents a form of living law that remains functional within the Moronene community and possesses significant potential to be optimized as a non-litigation dispute resolution mechanism that promotes peace and social harmony in Bombana Regency.

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