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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 1,424 Documents
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Penal and Non-Penal Policies in Addressing Narcotics Abuse within the Jurisdiction of the Buleleng Resort Police Kadek Briyan Sky Pinandita; 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.v6i6.3761

Abstract

Narcotics abuse is an extraordinary crime that requires a dual approach for its mitigation: repressive penal policies utilizing criminal law mechanisms and preventive non-penal policies utilizing measures outside the criminal justice system. Since 2023, Buleleng Regency has been designated by the National Narcotics Agency (BNN) as a "red zone" for drug trafficking a situation necessitating the simultaneous strengthening of enforcement actions and prevention programs. This study aims to analyze the implementation of penal and non-penal policies in addressing narcotics abuse within the jurisdiction of the Buleleng Resort Police (Polres Buleleng) and to evaluate the level of integration between the two, employing an empirical-juridical method with a qualitative-descriptive approach. The findings indicate that penal policy is manifested through enforcement actions by the Buleleng Police Narcotics Investigation Unit, which uncovered 103 cases involving 140 suspects in 2024 a figure that decreased to 90 cases in 2025 while non-penal policy is implemented through the BNN Buleleng Regency’s P4GN program (Prevention, Eradication, and Combating of Narcotics Abuse and Illicit Trafficking), comprising public awareness campaigns, counseling services, and rehabilitation. The study recommends strengthening rehabilitation referral mechanisms for users and enhancing formal coordination between the Buleleng Police and BNN Buleleng.
Compulsory Voting and Democratic Legitimacy: A Normative Analysis of Constitutional Principles (Kewajiban Memilih dan Legitimasi Demokrasi: Telaah Normatif Prinsip-Prinsip Konstitusional) Susanah; Saivol Virdaus; Topan Yulia Pratama
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.v6i6.3768

Abstract

The debate over compulsory voting has re-emerged amid rising abstentionism and declining voter participation in Indonesia's electoral democracy. The research gap addressed here is that prior studies on compulsory voting have proceeded in isolation: philosophical studies remain unresolved on whether democratic legitimacy justifies compulsory voting, comparative studies rarely engage constitutional doctrine, and Indonesian legal studies have not integrated the two. This study examines whether the right to vote may be reconstructed as a legally enforceable duty under Indonesian constitutional law, and assesses its implications for democratic legitimacy. Using normative legal research through statute, conceptual, and comparative approaches, this study analyzes Indonesia's constitutional framework, popular sovereignty doctrine, and the experiences of Australia, Belgium, Brazil, and Argentina. Results show the right to vote under the 1945 Constitution is an individual right rather than an enforceable duty, democratic legitimacy depends on the freedom and quality of voters' choices rather than sheer turnout, and non-coercive alternatives are more constitutionally defensible than sanction-based compulsion. The novelty lies in reconstructing five constitutional-normative principles political autonomy, substantive legitimacy, proportionality, non-discrimination, and subsidiarity of law to public trust that distinguish constitutional nudging from problematic compelling, a framework not yet articulated in prior Indonesian scholarship.
Perlindungan Hukum Berbasis Budaya Lokal dalam Pemberdayaan Ekonomi Ibu-Ibu Nelayan Hendra Musaid; Munazar Umar; Ode Aulia Rahim; Juan Abdul Kahar
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.v6i6.3784

Abstract

Pemberdayaan ekonomi ibu-ibu nelayan pesisir kerap berjalan tanpa kerangka perlindungan hukum yang mengintegrasikan kearifan budaya lokal, sehingga berpotensi menimbulkan eksploitasi dan ketidakadilan gender. Penelitian ini bertujuan menganalisis kondisi perlindungan hukum, mengidentifikasi nilai kearifan budaya lokal yang relevan, mengidentifikasi hambatan struktural, kultural, dan yuridis, serta merumuskan konstruksi model perlindungan hukum berbasis budaya lokal bagi ibu-ibu nelayan di Dusun Batu Dua, Desa Wai, Kabupaten Maluku Tengah. Penelitian menggunakan metode penelitian hukum empiris (socio-legal research) dengan pendekatan deskriptif-kualitatif, melibatkan observasi partisipatif, wawancara mendalam terhadap 28 subjek, dan Focus Group Discussion, yang dianalisis dengan model interaktif Miles dan Huberman. Hasil penelitian menunjukkan bahwa perlindungan hukum formal bagi ibu-ibu nelayan praktis belum ada; hambatan struktural dan yuridis terkonfirmasi menyeluruh, sedangkan hambatan kultural berupa dugaan dominasi patriarki tidak terkonfirmasi, karena ibu-ibu nelayan justru memiliki otonomi ekonomi yang kuat. Sistem bagi hasil 80:20 berbasis tradisi pela gandong ditemukan sebagai modal sosial utama yang dapat diafirmasi melalui skema ko-regulasi antara hukum adat dan hukum formal. Penelitian ini merekomendasikan penyusunan Peraturan Desa yang mengafirmasi sistem bagi hasil dan musyawarah adat, dilengkapi Standar Operasional Prosedur pelayanan responsif gender dan budaya, sebagai model perlindungan hukum yang berkeadilan dan berkelanjutan bagi pemberdayaan ekonomi masyarakat pesisir.
The Influence of Fear of Missing Out and Culinary Experience on the Intention to Reduce Food Waste with the Mediation of Sustainable Consumption Behavior in Batam Culinary Tourism Rezki Alhamdi; Abd Rahman Yusuf
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.v6i6.3831

Abstract

Food waste in the culinary sector poses a challenge to sustainable tourism. The proliferation of social media has given rise to the phenomenon of Fear of Missing Out (FOMO), which encourages impulsive consumption, while the culinary experience, consisting of taste and food portion size, also shapes the intention to reduce food waste. This study aims to analyze the influence of FOMO, taste, and food portion size on the intention to reduce food waste, with sustainable consumption behavior as a mediating variable among culinary tourism consumers in Batam. Using an explanatory quantitative approach with a cross-sectional survey, data were collected from 300 active social media users and analyzed using Structural Equation Modeling (SEM). The results show that FOMO has a significant positive effect on the intention to reduce food waste, food portion size has a significant positive effect and is the strongest predictor, while taste does not have a significant effect. Sustainable consumption behavior is shown to partially mediate the influence of FOMO and taste in a negative direction, but it is not significant for the portion size path. These findings provide an empirical model of sustainable consumer behavior as well as strategic recommendations for culinary business actors and policymakers in designing effective and contextual food waste reduction strategies.
Islamic Law Review of Profit-Sharing under the Musaqah System in Mekar Makmur Village, Sei Lepan District, Langkat Regency Nurul Handayani Hasibuan; Muhammad Nur Iqbal
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.v6i6.3842

Abstract

This study was motivated by the preliminary practice of rubber plantation management cooperation using the profit-sharing system (musaqah) in Sei Lepan Subdistrict, Langkat Regency. This study aims to analyze the suitability of profit-sharing cooperation between rubber plantation owners and tenant farmers in the area from the perspective of Islamic law (fiqh muamalah). The research design employed is field research using a qualitative approach. Primary data were obtained through direct interviews with rubber plantation owners and tenant farmers in Sei Lepan Subdistrict, as well as field observations. Secondary data were sourced from literature, books, magazines, and legal documents relevant to the musaqah contract. Data collection techniques included interviews, observations, and documentation, which were then analyzed using qualitative descriptive methods. The results of the study indicate that the implementation of profit-sharing arrangements for rubber plantations in Sei Lepan Subdistrict is generally based on verbal agreements grounded in mutual trust (‘urf). The agreed-upon profit-sharing ratios are typically balanced, such as 50:50 or 60:40, depending on the agreement regarding the allocation of operational costs and crop maintenance. From an Islamic law perspective, the implementation of this musaqah contract largely fulfills the essential elements and conditions for a valid contract, such as the mutual consent of both parties (an-taradhin) and clarity regarding the proportion of profit sharing. However, there are still some weaknesses, such as a lack of clarity regarding the term of the agreement and the handling of risks of uncertainty (gharar) related to the maintenance of harvesting equipment. Therefore, it is recommended that the agreement be put in writing to ensure legal certainty and avoid potential disputes in the future.
Corporate Liability for Foreign Bribery: Reformulating Indonesia’s Legal Framework in Light of the OECD Anti-Bribery Convention Christina; Emiliya Febriyani; Rufinus Hotmaulana Hutauruk
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.v6i6.3857

Abstract

This research examines Indonesia’s legal framework governing foreign bribery and the responsibility of corporations in relation to the anti-bribery standards developed by the OECD. It seeks to formulate directions for legal reform that may strengthen Indonesia’s participation in the international economic order, enhance good governance, and facilitate compliance with the requirements associated with OECD accession. A normative legal research design was applied through statutory, conceptual, and comparative analysis. The findings reveal several shortcomings in the existing Indonesian framework, notably the absence of an autonomous offence addressing foreign bribery and the absence of a corporate liability framework based on the failure to prevent bribery. These gaps result in the suboptimal alignment of Indonesian law with OECD anti-bribery standards and create legal uncertainty for Indonesian corporations engaged in international business activities. Therefore, legal reformulation is necessary through the criminalization of foreign bribery, strengthening corporate criminal liability based on failure to prevent bribery, and establishing a corporate anti-bribery compliance mechanism while taking into account the principles and characteristics of Indonesian criminal law.
Downstream Vertical Integration and Market Control by Sany Group through Non-Exclusive Selling Agreements and PT.PBT’S Loss Recovery Efforts Antonius Ryan Dandy Setiawan; Rianda Dirkareshza
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.v6i6.3863

Abstract

Sany Group's downstream vertical integration through a non-exclusive selling agreement raises legal issues regarding market control and PT PBT's competitiveness as a downstream partner, as well as the recovery of losses arising from such practices. This study aims to analyze the implications of downstream vertical integration through a non-exclusive selling agreement on market control and the competitiveness of downstream partners, as well as to examine the legal strategies available to PT PBT to enhance its prospects of recovering its losses. This study employs a normative juridical research method using the statute approach and case approach with reference to Law No. 5 of 1999, Law No. 30 of 1999, KPPU Decision No. 18/KPPU-L/2024, and the relevant court decisions. The findings show that changes in Sany's distribution structure through its subsidiary entities expanded Sany's involvement at the downstream level and restricted PT PBT's business activities by terminating supplies and directly competing in the distribution market. These actions affected market control and PT PBT's competitiveness, and the KPPU found them to violate Article 14 and Article 19 of Law No. 5 of 1999. Furthermore, the obstacles encountered by PT PBT in its civil claim were not caused by an incorrect application of law by the courts but rather by the existence of an arbitration clause, thereby indicating that a recovery strategy may be pursued by positioning a report to the KPPU as a competition law enforcement mechanism and arbitration as the appropriate forum for recovery based on the contractual relationship between the parties.
Reconstruction of the Legal Protection Model For Children as Perpetrators of Criminal Acts Based on Restorative Justice in the Juvenile Justice System in Indonesia Muthia Hilmi Zakiya; Abdurrakhman Alhakim; Tantimin
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.v6i6.3866

Abstract

The increasing number of children involved in criminal offenses highlights the urgency of comprehensive legal protection for children in conflict with the law (CICL), particularly those who serve as perpetrators of criminal acts. This study aims to analyze the forms of legal protection for children as perpetrators of criminal acts within Indonesia's juvenile criminal justice system, as well as to formulate an ideal legal protection model based on restorative justice that aligns with the principle of the best interests of the child. This study employs a normative juridical method with statutory and conceptual approaches, through a literature review of primary, secondary, and tertiary legal materials. The results show that Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) has provided a legal protection framework through age limitations on criminal responsibility, special juvenile justice mechanisms, mandatory diversion, and the ultimum remedium principle in sentencing. However, implementation in the field still faces obstacles, including law enforcement officers' limited understanding of restorative justice, the criminalization of children, excessive pretrial detention, and limited facilities to support diversion. This study formulates that an ideal restorative justice-based legal protection model comprises four main elements: strengthening participatory diversion, a multidisciplinary approach that considers legal, psychological, social, and educational aspects, the enforcement of non-discrimination principles and the elimination of stigma, as well as sustainable collaboration among law enforcement officers, families, educational institutions, social institutions, and the community. This model is expected to position the Juvenile Criminal Justice System not merely as a repressive instrument, but as a means of guidance and protection for children's futures.
Drug Price Transparency after Minister of Health Regulation No. 5 of 2026: Reconstructing Information Duties in Indonesian Health Law Hery Dwi Utomo; Aris Prio Agus Santoso
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.v6i6.3873

Abstract

Drug price transparency links the right to health, consumer protection, and pharmaceutical governance in Indonesia. Earlier studies mainly examined affordability, procurement, and compliance under the former maximum retail price regime, leaving the legal consequences of Minister of Health Regulation No. 5 of 2026 underexplored. This study analyzes the current legal construction and develops an implementable information-duty model. Normative legal research is conducted through statutory and conceptual approaches, legal synchronization, and grammatical, systematic, and teleological interpretation. The 2026 regulation strengthens transparency through broader obligated parties, integrated digital reporting, monitoring, complaints, and administrative sanctions. Regulatory reporting, however, must be distinguished from public disclosure and reconciled with trade-secret and personal-data protection. The study’s novelty is a layered model separating mandatory public information, regulator-accessible information, and legally protected information within the limits of delegated regulatory authority.
Reconstruction of an Ecosystem-Based Law Enforcement Model: Transformation of the Principle of Utility for the Restoration of Protected Forests Harum Hardinda; Rahadi Wasi Bintoro; Sri Wahyu Handayani
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.v6i6.3878

Abstract

Indonesia, as a megabiodiverse country, faces serious challenges from the degradation of protected forests caused by land conversion into illegal agricultural areas. This study aims to analyze current law enforcement efforts against forest land conversion and formulate an environmental restoration-based law enforcement model grounded in the principle of legal utility. This study employs a qualitative method with a descriptive-analytical approach through a juridical-sociological study, comparing das sollen (legal norms) with das sein (practices in the field). The findings indicate that conventional criminal law enforcement, as reflected in the Bukit Daun Protected Forest encroachment case, remains predominantly punitive and formalistic, relying on imprisonment and fines with limited impact on ecosystem restoration. The proposed reconstruction emphasizes restorative sanctions through the Polluter Pays Principle, requiring offenders to restore environmental damage through the removal of illegal crops, replanting of indigenous species, and sustainable protection of hydrological functions. From the perspective of legal philosophy, the principle of utility requires law to provide tangible benefits for society. Therefore, law enforcement should shift from punishment alone toward comprehensive environmental restoration. Its effectiveness should ultimately be measured by the extent to which law restores protected forests as life-support systems and ensures ecological justice for present and future generations.

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