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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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Evaluation of the Filling of Member Positions in the Regional Representative Council (DPD) RI Through Individuals From 2004 to 2024: Should Political Parties Be Given a Formal Role? Ardiyansyah; Hernadi Affandi; Mei Susanto
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.v6i5.3716

Abstract

For two decades (2004-2024), the Regional Representative Council (DPD) of the Republic of Indonesia has been normatively designed to be filled by individuals, distancing it from Political Parties. Article 22E Paragraph (4) of the 1945 Constitution, the Law on General Elections, and the Decisions of the Constitutional Court affirm this normative framework. However, the empirical reality shows that many DPD members are actually affiliated with political parties. In line with this, the DPD, which is designed with weak authority (Soft Bicameralism), is unable to significantly improve the function of the representative body. This article conducts a critical evaluation of both the normative design and the empirical reality with the aim of providing a model that enables the potential strengthening of the DPD as a regional representation. The research concludes: First, the design of electing DPD members through general elections naturally requires extensive networks and substantial funding, so that even independent (individual) candidates often need political parties that naturally possess networks in society. This reality is shown by DPD members who are not political party executives but essentially have affiliations with political parties; Second, there is a need for a suitable (fit) design between the candidacy requirements and the election mechanism. If the general election mechanism is maintained, the candidacy requirements should not only be for individuals but could also involve political parties. If the individual candidacy requirement is maintained, there needs to be a redesign of the election mechanism into an indirect election by each regional government at the provincial level.
The Legal Status of the Parties to a Joint Operating Agreement (KSO) Based on the Principle of ‘Pacta Sunt Servanda’ (Case Study: Court Judgment No. 391/Pdt.G./2024/Pn. Jkt.Utr.) Melinda Endarti; Annisa Fitria; Dyah Permata Budi Asri; Rita Alfiana
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3736

Abstract

An Operational Cooperation Agreement (KSO) is a form of unnamed contract (innominate contract) that has developed in accordance with the principle of freedom of contract as set out in the Civil Code. In practice, KSOs often give rise to disputes due to the failure of the parties to fulfil their rights and obligations. This study aims to analyse the legal status of the Operational Cooperation Agreement (KSO), the forms of breach of contract, and the legal consequences arising therefrom based on Judgment No. 391/Pdt.G./2024/PN Jkt.Utr. The study employs a normative legal method using a statutory approach, a conceptual approach, and a case-based approach. The legal materials used include primary, secondary, and tertiary sources, which were analysed qualitatively through deductive reasoning. The results of the study indicate that an Operational Cooperation Agreement (KSO) is legally binding in accordance with the provisions of Article 1338 of the Civil Code; consequently, the parties are obliged to fulfil the terms of the agreement in good faith. Breach of contract in this case occurred because one party failed to fulfil its agreed obligations, thereby causing loss to the other party. The court’s ruling confirms that a breach of the terms of a contract gives rise to legal liability in the form of an obligation to pay damages in accordance with the provisions of civil law. It is hoped that this research will contribute to the development of contract law, particularly with regard to the resolution of disputes arising from Production Sharing Agreements in Indonesia.
Implementation of the Job Loss Guarantee Program for Laid-off Workers: Analysis Based on Government Regulation Number 37 of 2021 in Sukabumi Regency Ferry Supriyadi; Bram B. Baan; Armansyah
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3740

Abstract

This article analyzes the implementation of Indonesia's Job Loss Insurance Program (Jaminan Loss Kerja, JKP) for workers affected by employment termination in Sukabumi Regency and its relevance to legal certainty and legal justice. This study employs an empirical juridical method with a qualitative approach, drawing on literature review, observation, and interviews with labor officials, trade unions, companies, and workers. The findings show that JKP has a clear legal basis under Government Regulation Number 37 of 2021, yet its implementation remains uneven. Major obstacles include inconsistent layoff data, eligibility status, contribution periods, health insurance status, excluded categories of termination, digital access through the SIAPKerja platform, company compliance, and weak supervision. In Sukabumi Regency, workers who lose their jobs tend to access Old Age Security benefits more frequently than JKP, even though JKP is specifically designed as protection for workers affected by layoffs. This article argues that JKP remains strong as a normative right but has not fully materialized as an accessible social protection instrument. Strengthening data integration, simplifying eligibility requirements, providing digital assistance, improving company supervision, and aligning training programs with local labor market needs are essential to realizing legal certainty and justice for dismissed workers.
Law Enforcement Against Instagram Celebrities And Influencers Promoting Online Gambling Through Social Media Based on The Provisions of Article 27 Paragraph (2) in Conjunction With Article 45 Paragraph (3) of Law Number 1 of 2024 Zulham Depy Saputra; Khayatudin Khayat; David Novan Setyawan
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.v6i5.3776

Abstract

The development of information technology and the widespread use of social media have provided extensive opportunities for Instagram celebrities and influencers to disseminate various forms of information, promotion, and communication to the public. This situation has also been exploited by certain parties to promote online gambling through various social media platforms. Online gambling promotions conducted by Instagram celebrities and influencers have the potential to cause serious social impacts because they may increase public access to gambling activities and influence the behavior of social media users, particularly younger age groups. This phenomenon raises legal issues concerning the scope of criminal liability of Instagram celebrities and influencers who actively promote online gambling through social media. This research aims to analyze law enforcement against Instagram celebrities and influencers who promote online gambling through social media based on the provisions of Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. This research employs a normative juridical method using a statutory approach and a conceptual approach. The legal materials used in this research consist of legislation, legal literature, scientific journals, and legal doctrines relating to online gambling offenses and criminal liability in the digital environment. The results of the research indicate that the actions of Instagram celebrities and influencers who intentionally distribute, transmit, or make accessible electronic information containing gambling content may be subject to criminal provisions under the Law on Electronic Information and Transactions. Law enforcement against such perpetrators requires proof of intent, the nature and extent of their involvement in promotional activities, and the relationship between the disseminated content and gambling activities. Law enforcement authorities must also consider electronic evidence, digital traces, the relationship between promoters and online gambling operators, and the financial benefits obtained from promotional activities. Consistent law enforcement is necessary to create a deterrent effect, protect the public, and establish a safe digital environment free from online gambling promotion.
The Doctrine of Unequivocal Waiver: Evaluating The International Legitimacy of In Absentia Corruption Trials Amid Indonesia’s E-Summons Verification Vacuum Under Law No. 20 of 2025 Muhammad Ajmal Qolfathriyuus; Bambang Santoso; Arsyad Aldyan
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.v6i5.3777

Abstract

Indonesia's in absentia trial mechanism for corruption cases faces a chronic legitimacy crisis, in which domestic convictions frequently prove non-executable in foreign jurisdictions. The research gap addressed here is the absence of scholarship linking the technical verification vacuum in electronic summons (e-summons) to the doctrinal requirements of Unequivocal Waiver under international human rights law. This study aims to evaluate why the normative vacuum in Article 150 paragraph (2) of Law No. 20 of 2025 on Criminal Procedure undermines the legitimacy of in absentia corruption trials under Article 38 of the Anti-Corruption Law, and to formulate a strategy for optimizing the Mutual Legal Assistance (MLA) instrument. Using normative legal research with statutory, conceptual, comparative, and case approaches, the study tests Indonesian regulation against the Unequivocal Waiver doctrine and the Sejdovic v. Italy jurisprudence. The results show that treating a mere “sent” status as valid legal notice, combined with the prohibition on legal representation for absent defendants under Supreme Court Circular No. 6 of 1988, systematically defeats the actual-knowledge standard required internationally. This novelty proposes a Verified Digital Waiver protocol grounded in digital audit trails and biometric authentication to restore executorial legitimacy and support cross-border asset recovery
National Disaster Status under Emergency Constitutional Law: Central and Regional Government Authorities Robi Syafwar; Elwidarifa Marwenny; Harniwati
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3794

Abstract

: The determination of national disaster status raises legal issues concerning the legal basis and limits of presidential authority, the parameters for determining disaster status, and the distribution of authority between central and regional governments. Previous studies have examined disaster determination parameters and presidential authority, but have not yet integratively analyzed these three aspects from the perspective of emergency constitutional law. This study aims to analyze the legal basis and limits of presidential authority, the parameters for determining national disaster status, the distribution of authority between central and regional governments, and their conformity with the principles of emergency constitutional law. This study employs normative legal research using a statutory approach and a conceptual approach. The findings show that presidential authority has constitutional and legal foundations, but the parameters for determining disaster status do not yet establish objective and measurable weights, thresholds, or relationships among the relevant indicators. The relationship between central and regional governments reflects a layered distribution of authority, while the regulation of national disaster status only partially reflects the principles of emergency constitutional law, particularly necessity, proportionality, temporality, and accountability. The novelty of this study lies in integrating the analysis of disaster status determination parameters, limits on presidential discretion, and central–regional authority relations within a framework of constraints on governmental authority under emergency constitutional law.
Legal Language in the Dissemination of Pornographic Content on Social Media: An Analysis of Judicial Rulings from a Forensic Linguistic Perspective Sri Waljinah; Nathania Levina Purwoko; Azriel Daffa Rabbany; Zahy Riswahyudha Ariyanto; Alifa Laili Faiza Cahyani
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3836

Abstract

Legal language serves as a medium of communication within the legal sphere, utilized by practitioners and legal experts in contexts such as regulations, agreements, official correspondence, and court rulings. For the general public, legal language enables a clear and precise understanding of legal messages and norms—thereby clarifying rights, obligations, and applicable rules—which supports the maintenance of order and legal certainty. This study aims to analyze the text of captions associated with the dissemination of pornographic content on social media—as found in a specific court ruling—through the lens of forensic linguistics. The research employs a normative-juridical approach and qualitative descriptive analysis, utilizing Court Ruling Number 166/Pid.B/2018/PN.Dpk. The data consists of the caption text from the pornographic content posts cited in the ruling, which are analyzed from a forensic linguistic perspective. Data analysis was conducted using an interactive analysis model comprising data reduction, data presentation, and conclusion drawing. The analysis is grounded in criminal law elements and linguistic theory within the framework of forensic linguistics. The study's findings indicate that: (1) the caption text accompanying the pornographic content on social media is shown to satisfy the elements of a criminal offense as stipulated in Law Number 44 of 2008 concerning Pornography; and (2) analysis of the caption text from a forensic linguistic perspective allows for the identification of implicit meanings, thereby substantiating the legal violation—specifically, the fulfillment of criminal elements regarding the dissemination of pornographic content on social media.
Legal Liability of Fintech Lending Platforms Regarding Debt Collection Practices Against Borrowers Tata Eliestiana Dyah A; Jamaludin
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3698

Abstract

Abstract Debt collection practices within fintech lending services in Indonesia continue to raise legal issues, particularly when collection involves pressure, intimidation, the misuse of personal data, or the involvement of third parties to the detriment of the debtor. This study aims to analyze the legal framework governing the liability of fintech lending providers regarding debt collection practices and to formulate a legal liability construct for fintech lending platforms concerning collection practices that harm debtors. This is a normative legal study employing statutory, conceptual, and case-based approaches. Legal materials comprising primary, secondary, and tertiary sources were gathered through literature review and analyzed qualitatively using legal interpretation to examine the interplay between norms governing fintech lending, consumer protection, and personal data protection. The findings indicate that the legal framework for fintech lending provider liability in debt collection is anchored in OJK Regulation (POJK) Number 40 of 2024 concerning Information Technology-Based Joint Funding Services and OJK Regulation (POJK) Number 22 of 2023 concerning Consumer and Public Protection in the Financial Services Sector. The legal liability construct for fintech lending platforms arises from their roles as electronic system operators, personal data controllers, service mechanism administrators, and entities capable of collaborating with debt collectors. Platforms cannot absolve themselves of liability if collection is conducted unlawfully, even when such actions are carried out by third parties. This liability encompasses preventive, corrective, and repressive measures to ensure that debt collection activities remain within the boundaries of law, ethics, consumer protection, and personal data protection.
Legal Status of Nominee Agreements by Foreign Nationals from the Perspective of International Civil Law and the Omnibus Law on Job Creation Nyoman Budiarta; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3731

Abstract

This study aims to analyze the legal status of nominee agreements (name-borrowing agreements) entered into by Foreign Nationals in land ownership in Indonesia, reviewed from the perspective of International Civil Law (IPL) and Law Number 6 of 2023 concerning Job Creation. Nominee agreements are often used as legal smuggling instruments to circumvent restrictions on land ownership for foreigners in Indonesia. The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that based on the IPL perspective, specifically the principle of lex loci rei sitae (the law of the place where the object is located), land ownership must be subject to Indonesian law. Therefore, nominee agreements aimed at transferring land ownership permanently to foreign nationals are void ab initio because they violate public order (public policy) and Article 26 paragraph (2) of the UUPA. On the other hand, the Job Creation Law does provide relaxation for foreign nationals to own Ownership Rights over Apartment Units, but still limits ownership of Ownership Rights over land. The Job Creation Law emphasizes the legal boundaries of foreign investment, so nominee agreements remain categorized as a form of legal smuggling that does not receive legal protection, either for the nominee or the foreign national.
Administrative Criminal Law Enforcement of Public Order Violations in Batam: Effectiveness, Compliance, And Regulatory Synchronization Greesent Hart; Indra Sakti; Dwi Afni Maileni; Rizki Tri Anughrah Bhakti
Journal of Law, Politic and Humanities Vol. 6 No. 6 (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.v6i6.3371

Abstract

This study examines administrative criminal law enforcement in relation to public order violations in Batam, with particular emphasis on sanction effectiveness, public compliance, and regulatory synchronization. The study employs a normative juridical method, complemented by a limited empirical reading of statutory instruments, institutional documents, and scholarly literature. The findings indicate that Batam has established a layered sanction framework through the combined use of administrative and criminal sanctions, supported by a relatively comprehensive institutional enforcement structure. Nevertheless, its substantive effectiveness remains constrained by limited public legal awareness, socio-economic pressures, constrained enforcement capacity, and incomplete synchronization among local regulations, implementing rules, standard operating procedures, and enforcement practices. Performance documents of the Civil Service Police Unit indicate a high case-completion rate for recorded violations; however, this administrative achievement does not, by itself, demonstrate the emergence of stable and internalized public compliance. This study argues that effective enforcement must be gradual, responsive, and procedurally lawful, integrating guidance, supervision, sanctioning, and reporting innovation within a coherent enforcement system.

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