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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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Legal Analysis of Criminal Punishment for Perpetrators of Illegal Mining Criminal Acts Resulting in Forest Damage (Decision Number 495/Pid.Sus/2022/PN Kdi) Nola Putra E. C Simanungkalit; Martono Anggusti; July Esther
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.v5i3.1305

Abstract

This research focuses on the analysis of forest damage due to mining activities carried out without permits, which is considered a criminal act. Apart from that, this research also discusses criminal liability and the judge's considerations in imposing penalties related to forest damage caused by illegal mining based on Decision Number: 495/Pid.Sus/2022/PN Kdi. The approach used in this research is normative, involving a statutory approach, conceptual approach, and case approach, as well as utilizing primary and secondary legal sources from literature studies, with prescriptive analysis. From this research, several conclusions were found. Firstly, mining carried out without a permit in the forest is classified as a criminal act of illegal mining which is regulated in Law Number 3 of 2020 which amends Law Number 4 of 2009 concerning Mineral and Coal Mining, especially relating to the management of forest areas without permits as stated in listed in Article 78 paragraph (2) letter , in conjunction with Article 50 paragraph (3) letter a, of Law Number 41 of 1999 concerning Forestry. Second, for criminal liability resulting from misuse of mining business permits which causes forest damage, the sanctions imposed are in the form of prison sentences and fines, which can result in imprisonment for six months and a fine of Rp. 500,000,000.00. If the fine is not paid, it will be replaced by a prison sentence of two months. This is due to the fact that the defendant was legally and convincingly proven to be involved in the act of "taking part in carrying out, using and occupying forest areas illegally".
Juridical Review of the Carrier's Responsibility for the Loss of Goods Sent Through Road Transportation Based on Law Number 22 of 2009 Concerning Traffic and Road Transportation Saruksuk, Esraini; Janpatar Simamora; Hertati Gultom, Meli
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.v5i3.1306

Abstract

Road transportation plays a strategic role in supporting national logistics but often faces challenges related to the loss of goods during transit. This study aims to examine the legal liability of carriers under Law Number 22 of 2009 on Road Traffic and Transportation (UU LLAJ) and evaluate legal mechanisms available for service users in resolving disputes over lost goods. The study focuses on the application of civil liability principles and the obstacles encountered in practice.This research employs a normative juridical approach, utilizing secondary data from legislation, legal documents, and scholarly literature. The analysis reveals that Article 193 of UU LLAJ stipulates the carrier's obligation to compensate for lost goods, except in cases of  force majeure or third-party negligence. However, practical challenges include difficulties in proving carrier negligence and ambiguities in the extent of legal liability, leading to legal uncertainty for service users.The study recommends strengthening regulations to clarify carrier responsibilities, optimizing dispute resolution mechanisms through the Consumer Dispute Resolution Agency (BPSK), and increasing legal awareness among business operators and consumers. These findings are expected to contribute to the development of a safer, more efficient, and reliable transportation system in Indonesia.
Optimization of Predictive Policing Technology for Prevention of Brawling Crimes at Bekasi City Metro Police Station Edco, Herman; Simbolon, Wijaya; Nita, Surya; Koto, Zulkarnein
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.v5i3.1313

Abstract

The phenomenon of brawl-related crime in the jurisdiction of the Bekasi City Metro Police, which has significantly increased since 2021, represents deviant behavior from social norms commonly referred to as juvenile delinquency. The objectives of this study are to analyze the effectiveness of the currently applied predictive policing technology in preventing brawl-related crime in the Bekasi City Metro Police jurisdiction, the challenges faced by the Bekasi City Metro Police in integrating predictive policing technology for preventing brawl-related crime, and optimal strategies for implementing predictive policing technology to improve the effectiveness of brawl prevention in the Bekasi City Metro Police jurisdiction. This study uses a qualitative research method. The theories used include predictive policing theory, evaluation theory, and SWOT theory. The results indicate that optimizing predictive policing technology at the Bekasi City Metro Police faces significant challenges related to ineffective data integration, limited technological infrastructure, and minimal training for police personnel. To improve its effectiveness, improvements are needed in data integration, adoption of advanced technologies such as big data and artificial intelligence, and intensive training for police personnel. Enhancing data quality, coordination between units, and active community involvement are also crucial to maximizing the technology’s capability in preventing brawls.
The Urgency of Law Enforcement Regarding The Existence of Subsidiaries as a Form of Avoidance of Laws Prohibiting Monopoly Practices and Unfair Business Competition Dwi Natalia Martama Hutabarat; Martono Anggusti; Jinner Sidauruk
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.v5i3.1314

Abstract

This research analyzes the legal position of subsidiaries in the context of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The main focus of the research is to identify legal loopholes in subsidiary regulations that can be exploited for monopolistic practices and unfair business competition, as well as formulating legal remedies to address them. The research uses a normative juridical method with a case study approach to Lion Group Airlines. The results show that the regulation of group companies, which is still based on the 2007 Company Law with a single company approach, has created legal loopholes that allow monopolistic practices through subsidiaries. This is evident in the Lion Group Airlines case, where discriminatory practices occurred through exclusive agreements between the parent company and its subsidiaries, which harmed other business actors. To address these issues, several legal measures are needed, including: (1) prohibiting manipulation of company organs through corporate actions, (2) establishing a special supervisory body, (3) prohibiting market manipulation through subsidiaries, (4) implementing reversed burden of proof for negative market impacts, and (5) nullifying agreements that result in unfair competition. This research recommends the need for revision of Law No. 5 of 1999 to regulate more comprehensively about monopolistic practices through subsidiaries and strengthen supervision of corporate actions.
Analysis the Supreme Court Decision and the Constitutional Court Decision Regarding the Age Limit for Regional Head Candidates Bobby Thyas Erlangga; Karlinae D. Bangas; Ivans Januardy
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.v5i3.1316

Abstract

This study purpose to analyze a decision made by Constitutional Court Number 70/PUU-XXII/2024 and the decision made by Supreme Court Number 23 P/HUM/2024  Relate to the age limit for a region head candidates. In the context of the hierarchy of norms in Indonesia, the dualism of authority to examine laws and regulations by the Supreme Court and the Constitutional Court often leads to conflicts of substance. The study used in this research is a type of normative juridical research method by approaching the law and case studies to assess whether there is a conflict of norms and legal vacuum. The results show that there are differences in interpretation between the two institutions regarding the minimum age of candidates for regional heads, which has an impact on legal uncertainty. To overcome this problem, it is necessary to reform the mechanism for testing statutory instruments, including the proposal for a single test at the Constitutional Court or the addition of norms to the Supreme Court Law regarding the validity of decisions in the event of changes in statutory norms. Research with the title analysis of this is expected to be a contribution to the optimization of the legal system in Indonesia.
Law Enforcement in Cases of Maltreatment of Minors According to Positive Law and Islamic Law Case Study of Decision Number 4/Pid.Sus/2022/Pn Tte, Decision Number 39/Pid.Sus-Anak/2021/Pn Mks, and Decision Number 12/Pid.Sus/2022/Pn Soe Okta Thaharah Susanto; Yusup Hidayat; Aris Machmud
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.v5i3.1317

Abstract

Law enforcement against child abuse crimes in Indonesia still faces various challenges, although the Child Protection Law has provided a strong legal basis. This study aims to analyze the application of law in cases of child abuse based on positive law and Islamic law, and to assess the influence of social and cultural factors that influence the law enforcement process. The research method used is a normative approach with a literature study, in which three court decisions are analyzed as case studies, namely Decision Number 4 / Pid.Sus / 2022 / PN Tte, Decision Number 39 / Pid.Sus-Anak / 2021 / PN Mks, and Decision Number 12 / Pid.Sus / 2022 / PN Soe. The results of the study show variations in the application of sanctions, especially in cases involving child perpetrators and the influence of a culture that is permissive of violence. These factors show inconsistencies in law enforcement that can impact public perceptions of justice. Islamic law offers an alternative approach through the concept of restorative justice, which emphasizes victim recovery and perpetrator rehabilitation, and has the potential to be integrated into the national legal system to strengthen the effectiveness of child protection. This study recommends improving rehabilitation programs for child perpetrators, educating the public to change permissive attitudes towards child abuse, and adopting Islamic legal principles that are oriented towards recovery in the national legal system. These recommendations are expected to strengthen legal protection for children in Indonesia and support the creation of a legal system that is more just and responsive to the rights of children as victims of violence
Implementation of the Law on Sexual Violence: Challenges in Case Handling and Law Enforcement Oktaviani Siswati, Ceria; Sunggara, Muhamad Adystia
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.v5i3.1323

Abstract

The enactment of the Law on the Elimination of Sexual Violence represents a significant milestone in addressing sexual violence in society. This study examines the challenges and progress in implementing the Law on Sexual Violence Crimes, particularly in handling cases and ensuring effective law enforcement. Using a qualitative approach, data were gathered from legal documents and case studies. Findings indicate that while the Law on Sexual Violence Crimes has improved victim protection and provided a clearer legal framework, challenges persist in social stigma, lack of legal awareness, and resource constraints among law enforcement agencies. Additionally, inconsistencies in judicial interpretations and procedural delays hinder the effective resolution of cases. Recommendations include strengthening inter-agency coordination, increasing public awareness campaigns, and ensuring adequate training for law enforcement and judiciary personnel to enhance sensitivity and professionalism in handling sexual violence cases. This study underscores the importance of a multi-sectoral approach to ensure justice for victims and uphold the principles of the Law on Sexual Violence Crimes.
Achieving Zero Poverty Goal in Bojonegoro Through the Welfare Sheep Program: Public Value Perspective Alfiatur Rohmah; Ana Kumalasari; Ida Swasanti; Ousman Corr
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.v5i3.1326

Abstract

The main objectives of this study are to evaluate the public value of the Welfare Sheep Program in achieving zero poverty in Bojonegoro Regency. This program is one of the efforts made by the Government to improve the welfare of the poor as a form of responsibility and concern from the Government to reduce poverty rates. This study adopts a qualitative method with a case study approach. This type of research is qualitative descriptive. Data collection was carried out through observation, interview, and documentation techniques. The researcher applies Mark Moore's theory of public value, namely Legitimacy and Support, Operational Capability, and Substantial Value. The findings of the study show that the Welfare Sheep program has succeeded in increasing the income of beneficiary families in the form of increasing the number of sheep. However, the availability of quality feed is still the main obstacle to the program's sustainability because of sheep deaths. This happens because no technology can increase livestock productivity through feed. By using modern technology, the feed management process becomes faster, more effective, efficient, and can help meet the nutritional needs of sheep in real-time and allows farmers to produce more nutritious feed that is in accordance with the nutritional needs of sheep.
Analysis Dissenting Opinion and Concurring Opinion in Decision MK No.90/PUU-XXI/2023 Perspective Siyasah Qadhaiyyah Muhammad Farhan; Khalid
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1335

Abstract

In the Constitutional Court Decision NO. 90/PUU-XXI/2023, which discusses the age limit for presidential and vice-presidential candidates, there are several discrepancies in the trial process. This is due to two constitutional judges presenting different arguments but reaching the same conclusion (Concurring Opinion) and four constitutional judges expressing differing opinions (Dissenting Opinion). There is an anomaly where the two judges with Concurring Opinions should be more appropriately categorized under Dissenting Opinions. If we examine the reasoning of the two judges with Concurring Opinions, it can be assessed that their arguments lean more towards the Dissenting Opinion, but their opinions shifted to the part that granted the request. The problem formulation to be discussed includes, first, how to analyze the Dissenting Opinion and Concurring Opinion of the judges in the Constitutional Court Decision No. 90/PUU-XXI/2023, which reflects differing views among the judges regarding the substance of the case examined, and second, how to view and interpret the Constitutional Court Decision No. 90/PUU-XXI/2023 regarding the judges' opinions in the trial from the perspective of Siyasah Qadhaiyyah, such as the principles of public policy in Islam that are oriented towards the welfare of the community.
Legal Protections for Patients with Medical Conditions in Online Health Consultations Ni Putu Devy Handayani; I Gusti Ngurah Parikesit Widiatedja; R.A. Tuty Kuswardhani
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.v5i3.1336

Abstract

Legal protections in telemedicine protect patients' rights, privacy, and care quality, but research often overlooks patients' perspectives. Therefore, understanding evolving legislation and patient-centered legal concepts improves patient care. This article aims to explore legal protections for patients with medical conditions in online health consultations. This study used a systematic literature review (SLR) approach to examine articles related to legal protections for patients, medical conditions, and online health consultations. We searched the Scopus and PubMed databases for articles in three categories: legal protections for patients, medical conditions, and online health consultations over the last five years (2019-2024). Using the Publish and Perish and Mendeley Reference Manager applications, we selected 389 papers from the Scopus database and 46 from the PubMed database based on specific criteria. Therefore, we conducted a PRISMA analysis on the 59 full-text research articles that we included. The results show that legal protections for patients in online health consultations include confidentiality, informed consent, licensure, data protection, emergency response protocols, professional standards, telemedicine compliance, care quality, and redress mechanisms. Solutions include streamlining licensing processes and enhancing cross-border regulations. The study emphasizes the need for patient advocacy, legal protection, data protection, and ethical compliance in online medical consultations, addressing barriers like dissatisfaction and lack of funds.

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