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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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A Criminal Law Review of the Practice of Withholding Employees' Diplomas in the Workplace as a Form of Collateral Peale, Norman; Kristanto, Kiki; Setyobowo Sangalang, Rizki
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1235

Abstract

The practice of withholding employees' diplomas as collateral for employment is a common issue in Indonesia. This action has sparked controversy as it is considered a violation of human rights and the Labor Law. This study aims to analyze the criminal law regulations related to the practice of diploma withholding and assess the legal accountability of companies engaging in this practice. The research method used is normative juridical with a literature review approach. The findings indicate that withholding diplomas can be categorized as a criminal offense, especially if done in a way that harms employees or violates their right to seek better employment opportunities. Companies that withhold diplomas may be charged under the Criminal Code (KUHP) for unpleasant acts or embezzlement. This study recommends stronger law enforcement and awareness programs for workers regarding their rights to prevent the practice of diploma withholding.
The Implication of Review on Arbitral Awards in the Legal Certainty of Construction Dispute Settlement Kuswijanarko, Anjar; Sami’an; Hardjomuljadi, Sarwono
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1237

Abstract

Arbitration is a popular dispute resolution method in the construction industry in Indonesia because the process is fast, efficient, and the results are final and binding. However, attempts to retest or annul arbitral awards in courts often threaten the principle of finality. This study aims to analyze the legal basis for reviewing arbitral awards in Indonesia based on Articles 70-72 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, as well as its impact on legal certainty and efficiency in resolving construction disputes. Through a normative juridical approach and case studies, this study found that courts often annull arbitral awards on the grounds of forged documents, new evidence, or fraud (Hansen, 2019). Examples of cases such as PT. Hutama Karya vs PT. Krakatau Bandar Samudera show that annulment by the district court prolongs dispute resolution and adds to costs, which highlights the weakness of the arbitration system in Indonesia and can reduce trust in it. The study concluded that legal reform is necessary to limit the grounds for reviewing arbitral awards. Indonesia is also advised to establish a special arbitration court or a judge of construction dispute experts to increase legal certainty. Training and certification of arbitrators is necessary to reduce the potential for award errors, so that arbitration can be optimal as an effective and efficient method of dispute resolution.
Regulating the Construction Services Supervisory Board Based on the Principle of Legal Certainty Jeffry Yuliyanto Waisapi; Slamet Suhartono; Yovita Arie Mangesti; Rosalinda Elsina Latumahina
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1240

Abstract

Corruption in Indonesia's construction sector results in material losses and damaged public trust, and slows economic growth. To address this problem, systemic reforms focusing on tender transparency, strict law enforcement, and strengthening oversight institutions are needed. Law No. 2/2017 on Construction Services provides a comprehensive legal framework, but its implementation is often hampered by a lack of inter-agency coordination and weaknesses in supervision and enforcement. This research uses a normative method to analyze regulations related to construction supervision and design a conceptual framework and policy recommendations to improve the effectiveness of supervision. The results show that legal certainty and transparency are key to building public trust and ensuring accountability. The implementation of regulations such as Government Regulation No. 22/2020 and Minister of Public Works and Housing Regulation No. 7/PRT/M/2019, accompanied by consistent sanctions, strengthens trust in the legal and supervisory systems. Systematic supervision and transparent reporting are essential elements to maintain the integrity and effectiveness of construction projects.
Strengthening the Position of the Honored Council of Election Organizers (DKPP) in the Indonesian State System Analysis of the Effectiveness of Enforcement of the 2024 Post-Election Organizer Code of Ethics Study: Normative Rohmawati Berutu; Janpatar Simamora; Hisar Siregar
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1244

Abstract

This research examines the strengthening of the position of the Honorary Council of Election Organisers (DKPP) in the Indonesian constitutional system, focusing on the enforcement of the code of ethics after the 2024 elections. Through normative research methods and literature studies, the research found that DKPP has worked quite effectively so far and needs to be developed and maintained. DKPP has proven to be an independent institution with final and binding decisions, having an equal position with the KPU and Bawaslu in the system of checks and balances. The study reveals the urgency of transforming DKPP into an Election Court, which requires the 5th amendment of the 1945 Constitution to include DKPP in the judicial power according to article 24. Despite facing institutional, regulatory and operational challenges, the study concludes that strengthening DKPP requires a comprehensive approach and multi-stakeholder support to realise more effective and sustainable code of ethics enforcement in the Indonesian constitutional system.Keywords: DKPP, Election Code of Ethics,Constitutional System, Election Court, Election Organiser, 1945 Constitutional Amendmentio.
Analysis of the Gap Between the Polri Almatsus Blueprint and Operational Needs in the Meta-Globalization Era Prabowo, Dikie; Nita, Surya; Gani, Yopik
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1248

Abstract

This creates new challenges for security institutions, including the Indonesian National Police (Polri), which are required to adjust their strategies, tactics, and special equipment (Almatsus) to address various threats and operational demands in this highly dynamic era. This study aims to analyze the factors causing the gap between the planning of special equipment (Almatsus) by Polri and the needs in the field in facing global challenges, as well as to analyze the impact of the gap between the Almatsus Blueprint and the reality of operational needs on the effectiveness of Polri's performance in maintaining security and order in the era of meta-globalization. This research employs a qualitative research method, using strategic management theory as the analytical lens. The findings reveal that the gap between the planning and needs of Polri’s special equipment (Almatsus) is caused by external factors, such as technological advancements and the dynamics of modern crime, as well as internal factors, including a lack of coordination, limited human resources, and inflexible planning. This results in a mismatch between what is planned and operational realities, negatively impacting Polri's effectiveness in maintaining security, especially in the era of meta-globalization. This gap can decrease operational effectiveness, personnel morale, and institutional image, as well as result in material losses due to inappropriate procurement.
The Phenomenon of Ngobrok (Palm Oil Fruit Theft) Case Study: Sibak Village Community, Ipuh District, Mukomuko Puspita Sari Manik, Desy; Wardaya, Sulistya; Widiyarti, Diyas
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1250

Abstract

This study describes the findings of researchers that underlie the occurrence of the Ngobrok phenomenon in Sibak Village, most of whose land has been controlled by companies. Palm oil fruit theft often occurs due to limited access to productive land, low levels of community education, and urgent economic needs. The method used in this study is a qualitative approach with in-depth interview techniques. Data obtained from perpetrators and farmers were analyzed using the conflict theory proposed by Karl Max. This theory is used to understand the social and economic inequality that underlies the act of theft, where people who lose access to land become marginalized groups and are forced to take illegal actions to meet their living needs. The results of this study indicate that the dominance of companies in controlling land, low levels of community education, and limited employment opportunities are the main factors that trigger Ngobrok or palm oil fruit theft.
Legal Certainty for Banks in the Use of Power of Sale Related to Repossessed Assets Gneissa Beltsazar; Nun Harrieti; Agus Suwandono
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1251

Abstract

Banks, as financial institutions, have an essential role in the economy, including in terms of providing credit. In the process of granting credit, collateral is one of the main elements that guarantee the debtor's ability to fulfil his obligations. One form of collateral that is often accepted is land rights, which are bound through mortgage rights based on Law Number 4 of 1996 concerning Mortgage Rights. This research aims to analyze the legal certainty related to the use of the power of sale by banks in relation to AYDA (repossessed collateral), as well as examine the legal aspects that need to be considered in its implementation. The research method used is a normative juridical approach, focusing on the analysis of relevant laws and regulations and related legal principles. The result of this research is that the position of a power of attorney to sell has a vital role in resolving bad debts, primarily related to the sale of collateral objects used as collateral in credit agreements. This power of attorney must meet the legal requirements of the contract stipulated in Article 1320 of the Civil Code and can take the form of a deed under the hand or an authentic deed. Legal certainty is critical in resolving bad debts through AYDA. The power of attorney to sell benefits the Bank by facilitating the execution of collateral, but it must also be balanced with strict supervision to avoid abuse of authority. This legal certainty also protects the rights of debtors, ensuring a transparent and fair process in the sale of assets. This increases public confidence in the banking system and provides protection for both parties. This research is expected to give a clearer understanding of the legality and legal implications of the use of a power of attorney to sell in the settlement of bad debts through AYDA.
Budget Politics: A Case Study of Actor Relations in the Formulation of Local government budget Policy in Polewali Mandar Regency in 2025 Aco Nata Saputra; Achmad Fauzi Kusmin; Citra N Fariaty; Andi Nur Fiqhi Utami
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1256

Abstract

Budget politics is a strategic part of regional development. Sustainable regional development is closely related to the Regional Expenditure Budget. This study seeks to reveal how actor relations are in the formulation of Local government budgetPolicy in Polewali Mandar Regency in 2025, the actors in question are the executive represented by the Regional Government Budget Team and the legislative represented by the Local Legislative Assembly Budget Agency. It is interesting because the preparation of the 2025 Local government budgetwill be carried out in 2024 which is a political year and a year of leadership transition with the simultaneous Legislative and Regional Elections. This research uses a qualitative approach that with the type of case study of the object or social reality being researched, it is holistic, complex, dynamic and full of meaning. The results of the study found that the actors involved in the preparation of the Regional Expenditure Budget are very dominated by formal executive and legislative actors, there is no room for informal actors. The transition period of executive leadership and legislative membership transition is not an obstacle to formulating the 2025 Local government budget. Compromise and Consensus are produced in their entirety by prioritizing the principle of togetherness and the welfare of citizens (constituents). The Compromise aspect in the preparation of the 2025 Local government budgetis carried out by means of formal lobbying between the executive and the Legislature. The Consensus aspect was reached several agreements on efforts to make the Local government budgethealthy (no deficit), the alignment of the Local Government Budget with the Local go government medium term (5 year) development plan and Local Government Budget as much as possible in line with the visions and missions of the elected regent.
Andi Ibrahim Masdar's Strenght Analysis at the Golkar Party of Polewali Mandar Regency Asriani; Taufik Ikhsan; Nizar
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1257

Abstract

The presence of the Golkar party in the areas is intrinsically linked to the authority and resources wielded by its chairman. In the Mandar mayoral race, Golkar, during the New Order period, leveraged Masdar's influence derived from a bureaucratic foundation. Following Masdar's leadership in the Golkar Party, his son Andi Ibrahim Masdar assumed leadership. Internal issues within the Golkar party prompted Andi Ibrahim Masdar to resign, thus leading to his replacement by Samsul Mahmud. Despite Andi Ibrahim Masdar's departure from the Golkar Party, he retains devoted cadres. This study seeks to evaluate the current influence of Andi Ibrahim Masdar within the Golkar Party. The power of Andi Ibrahim Masdar will be examined through the lens of Pierre Bourdieu's capital theory and Suzanna Keller's elite theory. This study employs a qualitative methodology through in-depth interviews with multiple informants knowledgeable about the issue to generate a thorough analysis. The study's findings indicate that Andi Ibrahim Masdar emerged as a pivotal elite inside the Golkar Party due to his possession of social capital, cultural capital, and financial capital, hence affording him distinct advantages over other party cadres.
Gen Z and Ageism: Public Policy Perspective Fadia Karella Rismala; Ana Kumalasari; Heny Suhindarno; Adil Hassan Ibrahim
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1259

Abstract

The difficulty of finding a job due to the maximum age limit on job vacancies makes the unemployment rate in Bojonegoro Regency still relatively high. This research aims to identify whether the employment policies set by the government are appropriate and non-discriminatory. The research method used is qualitative. This type of research is descriptive research. The data collection process is carried out by means of interviews and observations. Informants or sources are residents of Bojonegoro Regency who meet the criteria, namely Generation Z and are currently experiencing difficulties in finding work due to age restrictions. The technique of determining informants uses probability sampling techniques, namely purposive sampling. This research uses primary data sources and secondary data sources. The theory used in this research is Iversen's theory, namely Ageism has three indicators, namely Prejudice, Stereotypes and Discrimination. This research uses a case study approach. The findings obtained in this study are that policies in local regulations on employment have not been effective in overcoming age discrimination in the workplace, resulting in reduced employment opportunities. This has a negative impact on Generation Z in Bojonegoro Regency. Thus, this research provides theoretical contributions for the Bojonegoro Regency Government to formulate more effective employment policies

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