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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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An Empirical-Juridical Review of Authority Coordination among BP Batam, the Indonesian National Armed Forces, and the Indonesian National Police in Securing Vital Objects in Batam Free Trade Zone and Free Port Danny Sujiyantono; Isfandir Hutasoit; Indra Sakti; Agus Riyanto
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.v6i6.3372

Abstract

This study analyzes the coordination of authority among BP Batam, the Indonesian National Armed Forces (TNI), and the Indonesian National Police (Polri) in securing vital objects within the Batam Free Trade Zone and Free Port. The study is grounded in Batam's strategic position as an area that integrates industrial, commercial, transportation, investment, public service, and state asset management functions. It employs an empirical-juridical method using statutory, conceptual, and case study approaches. Data were obtained through regulatory review, institutional document analysis, and examination of security practices in the area. The findings show that BP Batam holds administrative authority to safeguard assets and strategic areas, Polri is responsible for public security and law enforcement, while TNI may provide support in specific situations within the national defense framework. The findings further indicate that the diversity of vital objects in Batam requires a risk-based security model rather than a uniform operational pattern. The main constraints include the absence of an optimal role matrix, limited integration of data on risk-prone points, insufficient standards for operational documentation, and underdeveloped inter-agency procedures. This study recommends strengthening integrated standard operating procedures, establishing a vital-object database, clarifying operational task allocation, and conducting periodic evaluations. Such a model is essential to ensure the lawfulness of action, institutional accountability, state asset protection, and the stability of Batam as a strategic area. Academically, this article extends state administrative law scholarship by positioning vital-object security as a problem of authority coordination that requires procedural certainty.
The Dynamics of Asymmetric Decentralization in Indonesia: Autonomy or Dependence? Anwar Rosshad; Ardika Nurfurkon; Jojo Juhaeni; Alwi Al Hadad
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.v6i6.3730

Abstract

The implementation of asymmetric decentralization in Indonesia presents a juridical-fiscal paradox, wherein the constitutional guarantee of broad autonomy frequently clashes with the high ratio of regional dependence on the central budget. This study aims to comparatively analyze the legal antinomy and governance of asymmetric decentralization in DKI Jakarta, the Special Region of Yogyakarta (DIY), Aceh, and Papua. Employing a socio-legal research method with statute and comparative approaches, this study examines the consistency of norms between the Law on Financial Relations between the Central Government and Local Governments (UU HKPD) and sectoral lex specialis regimes. The results indicate that broad legal autonomy does not correlate directly with fiscal sovereignty. DKI Jakarta has successfully converted its regulatory privileges into Local Own-Source Revenue (PAD) independence. Conversely, the block-grant legal design of special autonomy funds in Aceh and Papua triggers fiscal laziness due to the absence of performance-based normative obligations to optimize local potential, while DIY's fiscal capacity is constrained by rigid legal restrictions regarding the allocation of its Special Funds. This study recommends legal engineering through the harmonization of the UU HKPD with sectoral laws, as well as the transformation of funding transfer formulations into conditional performance-based grants, ensuring that asymmetric status serves as an instrument of equitable independence rather than perpetuating structural dependence.
Accountability Gap of Private Military Companies: A Multi-Level Responsibility Mode Putu Krisna Devi Maharani; 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.v6i6.3744

Abstract

The proliferation of Private Military Companies (PMCs) in contemporary armed conflict has produced an accountability vacuum that the existing international legal architecture struggles to address. This article argues that the gap is structural, arising from three interlocking deficiencies: a personality gap (PMCs correspond to no recognized category of international legal subject), a jurisdictional gap (international criminal law excludes corporate entities from its personal jurisdiction), and a contractual gap (status-of-forces and procurement arrangements neutralize host-state jurisdiction). Using a normative-prescriptive method integrating statutory, case-based, and conceptual analysis, the study examines four representative cases Blackwater at Nisour Square, Al-Shimari v. CACI, Executive Outcomes, and the Wagner Group to show how each dimension operates in practice. It then advances a multi-level responsibility model integrating state responsibility under the respect–protect–fulfil doctrine and heightened due diligence, individual criminal responsibility under Article 28(b) of the Rome Statute, and binding corporate due diligence operationalized through procurement contracts. The framework relies entirely on existing international legal materials and requires no new treaty-making. The principal finding is that the accountability gap, though structural, is addressable through the integrated deployment of normative resources already present within the international legal order. The novelty of this study lies in its integration of three previously siloed strands of PMC accountability scholarship like the doctrine of international legal personality, the jurisdictional architecture of international criminal law, and the due diligence framework of business and human rights law, into a single multi-level responsibility model derived entirely from existing international legal materials, with an original extension of that model to the Indonesian domestic legal order.
Legal Certainty of Personal Data Protection in Indonesia: A Legal Analysis of the Implementation of Law No. 27 of 2022 I Putu Balarama Mahesa Putra; 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.v6i6.3746

Abstract

The development of information technology has triggered an increase in incidents of digital data exploitation, prompting the birth of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) as the main legal instrument (lex specialis). This research aims to analyze the legal certainty of personal data protection after the full enactment of the PDP Law and identify juridical obstacles in its implementation in Indonesia. The research method used is normative law (doctrine) with a statutory approach and a conceptual approach. The research results show that the PDP Law has provided a strong normative framework by emphasizing the rights of data subjects, the obligations of data controllers, as well as strict administrative and criminal sanctions. However, the principle of legal certainty is still hampered by the lack of formalization of the independent PDP Authority Supervisory Institution in accordance with the mandate of Article 58, as well as the incomplete completion of several crucial derivative regulations. This condition triggers temporary dualism of supervision and hampers the optimization of corporate sanctions enforcement. This research concludes that accelerating the formation of the Presidential Regulation on PDP Bodies and strengthening the competence of Data Protection Officers (DPO) in each sector is an absolute prerequisite for realizing just legal certainty in Indonesia’s digital space.
Effectiveness of Implementing Law No 32 of 2009 Concerning Environmental Protection and Management In B3 Waste Utilization Activities at PT Dame Alam Sejahtera Penas Simanjuntak; Yuniar Rahmatiar; Muhammad Abbas
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.v6i6.3755

Abstract

This study aims to analyze the legal framework for the management of Hazardous and Toxic Waste (B3 waste) based on Law Number 32 of 2009 concerning Environmental Protection and Management, as well as to examine the effectiveness of the implementation of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management in B3 waste utilization activities at PT. Dame Alam Sejahtera. This research employs an empirical legal method with a juridical-empirical approach through literature study and field research. The results of the study indicate that the legal framework for B3 waste management in Indonesia is comprehensive, covering obligations for waste management, environmental permitting, supervision, and legal sanctions for business actors. In practice, PT. Dame Alam Sejahtera has carried out B3 waste utilization activities by processing waste into construction products such as paving blocks and bricks, and has fulfilled administrative requirements including technical approvals, environmental approvals, and business licensing. However, the effectiveness of the regulatory implementation still indicates that technical aspects of processing and environmental impact control require further attention. This is reflected in the need to improve consistency in production processes, strengthen product quality testing, and implement continuous environmental monitoring. Thus, although administrative licensing requirements have been fulfilled, optimization of regulatory implementation is still necessary to ensure that the objectives of environmental protection and management can be achieved more effectively and sustainably.
Legal Liability For The Tax Debt of A Limited Liability Company That Loses In The Event That The Management or Shareholders Are Under The Supervision of The Management or Shareholders Latipah; Subekti; Ernu Widodo
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.v6i6.3771

Abstract

A Limited Liability Company is a legal entity with a separate legal personality and assets distinct from its shareholders and directors. This separation gives rise to the principles of separate legal entity and limited liability, although limited liability cannot be used as a shield against legal obligations arising from abuse of the corporate form. The issue becomes more complex when a company incurs losses and tax debts while its director or shareholder is placed under guardianship. This study examines the legal liability of directors for tax debts of a loss-making company and the legal position of directors, shareholders, and guardians in the context of guardianship. The study employs normative legal research using statutory and conceptual approaches. Primary legal materials include Law Number 40 of 2007 on Limited Liability Companies, the General Provisions and Tax Procedures Law as amended, Law Number 7 of 2021 on the Harmonization of Tax Regulations, and Minister of Finance Regulation Number 61 of 2023. The study finds that corporate losses do not extinguish tax debts that have already arisen. The company remains the primary liable taxpayer. Directors are not personally liable merely because the company suffers losses; personal liability requires fault or negligence under Article 97 of the Company Law. Shareholders are likewise protected by limited liability unless the exceptions under Article 3 paragraph (2) are established. Guardianship does not extinguish tax obligations. A guardian performs the tax representation function and may be treated as a tax guarantor for collection purposes under applicable rules, but this does not automatically convert the company’s entire tax debt into the guardian’s personal debt. The novelty of this research lies in integrating separate legal entity, limited liability, piercing the corporate veil, business judgment rule, tax representation, and guardianship into one framework for determining liability for corporate tax debts.

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