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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 1,054 Documents
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The Role and Obstacles of the Indonesian Child Protection Commission in Handling Bullying Andryawan, Andryawan; Catharina Dewi Wulansari
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.737

Abstract

The role of children is significant in bringing about changes in the nation's future. Children are expected to become individuals with noble character, and intelligence, and have a positive contribution to social life. However, children often carry out negative actions that deviate from the values and norms of society, one of which is bullying. In Indonesia, there is an institution to deal with bullying through supervision, namely the independent supervisory institution, the Indonesian Child Protection Commission (KPAI). KPAI is the government's answer to dealing with the high increase in cases of criminal acts of bullying, especially against children. This research uses a descriptive normative juridical research method with a statutory approach. Laws and problems are studied thoroughly through literature research, including legal regulations that apply in Indonesia, books, journals, expert perspectives, articles, and related issues in society. The results of this research show that KPAI has an important role as an independent institution in supervising the implementation of child protection. However, there are still many factors that hinder KPAI's movement, such as internal factors from the KPAI institutional arrangements, or external factors, namely the persistence of stigma and fear in reporting cases of violence, or the lack of legal awareness in society regarding the protection of children's rights.
Corporate Law on Corporate Social Responsibility in the Perspective of John Rawls' Theory of Justice Imtihani, Hajar; Arief Suryono; Tri Agus Suswantoro; Muhammad Nasser; Heridadi, Heridadi
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.748

Abstract

In the era of globalization and complex business environments, justice in Corporate Social Responsibility (CSR) is becoming increasingly important. CSR has become a central topic in the relationship between companies and society, focusing on social, environmental, and economic impacts. However, the main challenge lies in how to measure and apply the principles of justice in the implementation of CSR. This research will explore the application of John Rawls' Theory of Justice in the context of corporate social responsibility and its implementation in Indonesian regulations. Rawls' Theory of Justice, which emphasizes the fair distribution of resources and opportunities, is integrated into CSR regulations to create business practices oriented toward justice and sustainability. The research employs a normative juridical method using legal materials and a conceptual approach based on John Rawls' Theory of Justice. This study finds that while this theory provides a strong moral framework for companies in carrying out their social responsibilities, challenges arise in applying the principles of justice amid the complexities of the modern business world. This research offers concrete recommendations for companies and policymakers, including strengthening CSR regulations and enhancing transparency and stakeholder participation in corporate decision-making. The hope is that this research will contribute to shaping a more just and sustainable business environment in Indonesia.
Institutional Gridlock in Food Security Policy: A Neo-Institutionalist Analysis of Urban Food Governance in Indonesia Dalimunthe, Ahmad Ridwan; Nurdin, Nurliah; Labolo, Muhadam; Simanjuntak, Tumpak Haposan
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.749

Abstract

This study examines the phenomenon of institutional gridlock in urban food security governance in Indonesia, focusing on the complexities of interactions among government institutions and their impact on policy effectiveness. Utilizing a neo-institutionalist approach, this research analyzes how institutional fragmentation, conflicts of interest, and the historical legacy of power centralization contribute to the formation of gridlock that hampers the effective implementation of food security policies in urban areas. Through comprehensive analysis of policy documents and academic literature, the study identifies patterns of institutional interaction, explores the manifestations and consequences of institutional gridlock, and evaluates the potential of institutional bricolage as a strategy to overcome existing structural barriers. The key findings indicate that institutional gridlock in this context results from the complex interaction between path dependency, institutional layering, and political fragmentation, which creates inertia against the necessary policy changes to address contemporary urban food security challenges. This study contributes to the development of a conceptual framework for understanding and addressing institutional gridlock in public policy governance in developing countries, particularly in the context of decentralization and rapid urbanization.
Formula of The Adultery Offense In The New National Criminal Code (Law Number 1 of 2023) To Juvenile Perpetrator: Would It Make The Juvenile Criminal Justice System Getting Aggravate? Dhumillah, Dewic Sri Ratnaning; Windiyastuti, Feny
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.750

Abstract

The criminalization of immoral acts through Law Number 1 of 2023 concerning the New Criminal Code (KUHP) is in the spotlight. According to article 411 of the New Criminal Code, every person who has sexual intercourse with someone who is not their husband or wife is punished for adultery, including those who are not married. The criminalization of perpetrators who are not in a sexual marriage will have the potential to ensnare underage teenagers who have had premarital relations. The 2017 Indonesian Demographic and Health Survey (SDKI) (conducted every 5 years) revealed that among women and men who had had premarital sexual relations, 59% of women and 74% of men were teenagers aged 15-19 years. The expansion of the formulation of the offense of adultery will certainly affect the juvenile criminal justice system (SPPA) considering that currently the implementation and regulation of SPPA is still weak and far from ideal. This research aims to outline how the possible influence of the formulation of the regulation of the crime of adultery or overspill according to the new Criminal Code could greatly influence the juvenile criminal justice system in Indonesia. Using normative juridical methods and a "comparative" approach to answer the formulation of the crime of adultery in the New Criminal Code which can ensnare minors or teenagers will it can make the juvenile criminal system in Indonesia more difficult.
The Role of Blockchain in Addressing Unlicensed Mining: Opportunities and Challenges for Law Enforcement Baginda Khalid Hidayat Jati; Esmi Warassih Pujirahayu; Tedi Asmara
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.757

Abstract

Digital transformation through blockchain technology offers new potential for combating illegal mining in Indonesia, but it also presents challenges for the legal profession. According to 2023 data from the Ministry of Energy and Mineral Resources (ESDM), there are 2,741 unauthorized mining (PETI) locations, with 1,215 designated as People's Mining Areas (WPR). This study aims to explore how blockchain can be integrated into the legal system to enhance surveillance and law enforcement against illegal mining. Utilizing a qualitative-normative approach and content analysis, the research investigates blockchain's role in recording transactions and verifying the legality of mining activities. The findings reveal that blockchain improves transparency in mining oversight but requires regulatory adjustments and enhancements in law enforcement's technical capabilities. The study concludes that cross-sector collaboration among government, private industry, and academia is crucial to developing a legal framework that supports blockchain implementation, while providing targeted guidance to communities involved in illicit mining.
”Mawah” Profit Sharing System with Local Acehnese Wisdom Based on Islamic Perpective Muhammad Ali; Mahadi Bahtera; Mustakim Sagita; Ayu Andira; Ziatul Via
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.758

Abstract

Aceh is an Indonesian province characterized by a predominantly Muslim population. Hence, the Islamic comprehension of economic principles, fairness, and profit-sharing systems has significant consequences for the economic progress of the Acehnese population. Research on the use of Islamic tenets in cattle farming companies may significantly benefit the welfare of the Acehnese people in this particular setting. Mawah is a commercial practice rooted in traditional conventions and local village knowledge. It involves verbal agreements between cattle owners and keepers for profit-sharing in cow husbandry. This research examines the "Mawah" profit-sharing mechanism in cattle farming firms in Pidie Regency from an Islamic viewpoint. This is an empirical investigation conducted in a natural setting. The primary issues are: 1). What is the societal impact of implementing a profit-sharing system in cattle farming businesses? 2). What is the assessment of the Islamic Economic Review about the profit-sharing model in cattle farming firms in Pidie Regency? The study used a descriptive qualitative research approach, using data gathering methods such as observation, interviews, and recording. The strategies used for data analysis include data reduction, data presentation, and data verification.
The Urgency of the "Lana Bango" Protection Law as a Regional Superior Product of Sangihe Islands Regency Mercy Maria Magdalena Setlight
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.760

Abstract

Sangihe Islands Regency through the Decree of the Regent of the Sangihe Islands Number 143/510/Year 2019 stipulates "Lana Bango", as a Regional Superior Product which is an effort by the Sangihe Islands Regency Government to reactivate community culture in the manufacture of Sangihe local coconut oil which is currently produced in a more hygienic manner by several villages through Village-Owned Enterprises (Bumdes). For this reason, there needs to be a formal determination from policymakers based on the results and analysis of a research, so that legal urgency in this case can be applied. It becomes a significant problem when there are no new coconut plants that replace old coconuts that are cut down. The Sangihe Islands which is a small island, if there is only logging and there is no replanting, then the coconut plant will one day become extinct and this will result in processed coconut products in the form of local coconut oil "Lana Bango", which is the Regional Superior Product of the Sangihe Islands Regency will remain memories in the form of stories for posterity.
Amdal Regulations In Indonesia Concerning Environmental Management and Preservation Law No. 32 of 2009 Zaini, Ahmad
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.765

Abstract

Decree issued by the environment minister Number 17 of 2001 regarding the kinds of company operations and initiatives that must carried out accompanied by an environmental impact analysis. The purpose of this study is to establish of EIA as a guideline that should be made before the process from pre-construction to production. This research has made people realize how important environmental issues and natural resources are for the survival of all creatures on Earth, including humans. Like the environment, it has limitations to provide life to humans. Environmental conservation is characterized as the maintenance of the environment as it is, but paradoxically, development utilizes it. On the contrary, those developments have made human life much better. Today, it seems that humans are facing difficulties. The age must accelerate development so as not to be left behind, but it must also maintain the stability of the environment so as not to destroy it.
Legal Aspects of Cross-Border Electronic Commerce Transactions with Quick Response Code (QR Code) Based Payments in the ASEAN Cooperation Framework Yesi Ansari; Sunarmi; Detania Sukarja
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.767

Abstract

Cross-border e-commerce transactions, involving various payment methods such as international credit/debit cards, bank transfers, e-wallets, and QR Cross-border, have made it easier for consumers to engage in international transactions with varying costs. This study uses a qualitative descriptive approach with a literature study method and in-depth interviews. Data were obtained through document analysis related to QRIS policies, cross-border transaction reports, and interviews with experts in the field of e-commerce and digital law in ASEAN. The result although e-commerce offers significant benefits, legal challenges such as personal data protection, unclear legal status, and inter-country legal permissions still need to be addressed. In Indonesia, the QRIS standard launched by Bank Indonesia has helped improve the efficiency of the payment system and supports cross-border transactions in ASEAN, in line with regional economic integration through the ASEAN Economic Community (AEC). With Indonesia serving as the chair of ASEAN in 2023, collaboration in e-commerce and MSMEs continues to be strengthened, despite facing policy challenges, infrastructure, and cybersecurity concerns.
Age Restriction for Job Application from a Human Rights Perspective Ni Wayan Ella Apryani
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.768

Abstract

Age restriction in applying for a job becomes an essential issue when it causes discriminatory consequences for job seekers, especially if it is caused by the provisions of Article 35 paragraph (1) of Law Number 13 of 2003 concerning Manpower which is considered vague so as to provide a legal loophole for discriminatory actions in providing employment opportunities by employers. The purpose of this study is to examine the vagueness of norms in Article 35 paragraph (1) of the Manpower Law and human rights issues in limiting the age of applying for a job. Examining the problems from the existing laws and doctrines, this research uses normative research methods with the focus of the study is on the norms governing the age restriction of job applications in terms of human rights perspectives and concepts. The results show that the purpose of Article 35 para-graph (1) does not provide an opportunity for discrimination but as a form of flexibility related to determining labor needs. The age limit for applying for a job is not a violation of human rights when viewed from the perspective of the main principles of human rights. The determination of age limit criteria is not specifically regulated and is not prohibited by positive legal provisions in Indonesia so that it cannot be said to be a form of discrimination in providing employment opportunities.

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