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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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Analysis of the Position of Special Envoy of the President for the Development of Young Generation and Art Workers in Indonesia Based on Constitutional Law Darwin D.P.G. Marbun; 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.v5i3.1411

Abstract

This study aims to analyze the legal position of the Special Envoy of the President in the field of fostering young people and art workers based on the perspective of Indonesian constitutional law. The existence of the position of Special Envoy of the President in the Indonesian constitutional structure, especially in the context of empowering the younger generation and strengthening the creative industry, raises juridical questions regarding its legal basis, authority, and accountability. Using a normative juridical legal research method with a statutory approach, this research examines Presidential Decree Number 76/M of 2024 which regulates the appointment of special envoys of the President in the 2024-2029 period, as well as the relevance of these regulations within the framework of Indonesian constitutional law. The results show that although the special envoy of the President has a strategic role in supporting the development of young talents and the creative industry sector, the position lacks a clear and specific legal basis, which can lead to problems in terms of accountability and transparency. Therefore, this study recommends the need for the drafting of firmer regulations regarding the position, duties, and authority of special envoys, as well as strengthening supervision and coordination mechanisms with relevant ministries or institutions. This is expected to increase the effectiveness and contribution of special envoys to the progress of the Indonesian nation, especially in the development of the creative economy.
Juridical Analysis of the Legal Responsibility of Employers for Neglecting Workers' Social Security Rights in Pangkalpinang, Bangka Belitung Province Defri Maulana; Yandi
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.v5i3.1418

Abstract

The Job Creation Act aims to create job opportunities, facilitate investment, and enhance Indonesia's economic competitiveness, with one of its main focuses being the regulation of labor and social security for workers. However, the implementation of this law faces several challenges, particularly in protecting workers' rights, such as employers neglecting their obligations to provide social security. In Pangkalpinang, economic factors and a lack of understanding of employers' legal obligations regarding workers' social security are the primary causes of this issue. This study employs a normative legal research method with a statutory and conceptual approach to analyze the urgency of enacting the Job Creation Act and its implications for worker protection in the region. The findings reveal that although the Job Creation Act provides a clear legal foundation, its practical application is hindered by employers' ignorance, who perceive enrolling workers in social security programs as an additional burden. Moreover, ineffective supervision exacerbates the problem. Therefore, to optimize the protection of workers' rights, more intensive education for employers, stricter supervision, and firmer law enforcement are required to ensure workers' social security rights are well-guaranteed in accordance with the applicable regulations.
Legal Accountability of Legal Subjects in the Criminal Act of Human Trafficking Rio Saputra Manullang; Janpatar Simamora; Lesson Sihotang
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.v5i3.1428

Abstract

Corporate human trafficking crimes represent a serious issue involving human rights violations in Indonesia and other countries. Although Indonesia has regulated this crime through Law No. 21 of 2007 on the Eradication of Human Trafficking (PTPPO), the enforcement of laws against human trafficking still faces significant challenges. This study aims to analyze the legal responsibility of corporations as subjects of law in human trafficking crimes and to understand the mechanisms of penalization against corporations involved in such crimes. The research method used is normative juridical with a literature study approach, gathering data from primary sources such as regulations and secondary sources including books, journals, and relevant literature. Data analysis is conducted deductively, beginning with fundamental legal principles applied to the phenomenon of human trafficking crimes. The study's findings show that corporations can be held collectively criminally liable if the crime is committed by their members acting on behalf of and in the interest of the corporation. The PTPPO law expands legal accountability for corporations to ensure more effective prevention and deliver justice for victims. Penalties that can be imposed on corporations include fines, imprisonment, and other social sanctions, focusing on direct, indirect, and leadership responsibilities. This study concludes that the implementation of criminal liability against corporations aims to encourage ethical corporate behavior, protect human rights, and strengthen global efforts to combat human trafficking.
The Ineffectiveness of Dispute Resolution Through Arbitration According to Indonesian Law No. 30 of 1999 on ADR (Alternative Dispute Resolution) Didit Wijayanto Wijaya
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.v5i3.1433

Abstract

This article or writing aims to find out about the ineffectiveness of settlement through arbitration according to Republic of Indonesia Law Number 30 of 1999 concerning Adr (Alternative Dispute Resolation). The problem focuses on the ineffectiveness of settlement through arbitration according to Republic of Indonesia Law Number 30 of 1999 concerning ADR (Alternative Dispute Resolution). In order to approach this problem, theoretical references from legal certainty and dispute resolution are used. The data was collected through normative legal research. The data source used is secondary data. Secondary data in this research is divided into 3 parts, including: Primary, Secondary and Tertiary Legal Materials and analyzed qualitatively.  This study concludes that arbitration is a method of resolving a civil dispute outside the general court which is based on an arbitration agreement made in writing by the parties to the dispute. However, arbitration forums also have weaknesses that both parties should consider before deciding to submit their case. Arbitration is considered to have several legal subject weaknesses in the form of states still being reluctant to give their commitment to hand over their rescue to international court bodies. The process of completing a settlement through arbitration does not guarantee that the decision will be binding.
Criminal Liability for Indonesians Who Use Digital Wallets to Commit Child Sexual Exploitation Karima Naila Putri; Kiki Kristanto; Yurika F.Dewi
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.v5i3.1434

Abstract

The ease of access to digital financial services, such as digital wallets, has strengthened the effectiveness of cyber influence techniques as a tool for criminals. Digital wallets offer convenience in financial transactions without requiring physical presence or strict identification, increasing the risk of misuse. In the context of child sexual exploitation, social engineering techniques leveraging digital wallets can have devastating impacts. Perpetrators may deceive child victims, their families, or financial service providers to gain financial resources for committing crimes. This research addresses two key questions: how perpetrators use influence techniques and digital wallets to commit child sexual exploitation, and how Indonesian law addresses their criminal liability. The study employs prescriptive legal research to analyze coherence between legal norms and behavior, utilizing a conceptual and statutory approach to identify the legal basis for criminal liability. Perpetrators often manipulate victims gradually, employing persuasion, pretexting, phishing, or threats. The accessibility of digital wallets enables these actions, facilitating payments while evading stricter identification processes. Although perpetrators are held liable under laws such as the Child Protection Law, the Pornography Law, and the Criminal Code, enforcement challenges persist. Strengthening legal frameworks, enhancing law enforcement, and raising public awareness are essential measures to safeguard children from such crimes.
The Urgency of Eliminating Basic Education Fees in Reducing the School Dropout Rate In Bekasi City (A Study on Government Regulation No. 47 of 2008 on Compulsory Education) Vera Waty Simanjuntak; Waluyo
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.v5i3.1436

Abstract

Education is the fundamental pillar guiding a nation's development and serves as an investment for creating quality human resources. Various efforts have been made by the government to improve the quality and equity of education, one of which is the elimination of education costs through the compulsory education program. This study aims to examine the urgency of eliminating basic education fees in reducing dropout rates, focusing on how well the compulsory education program has been implemented. The research method used in this study is empirical legal research, with data analysis based on George C. Edwards III's policy implementation theory (1980), using a sample from one region in Indonesia, namely Bekasi City. The results show that the elimination of basic education fees has not been properly implemented due to the involvement of certain individuals in several schools who hinder the execution of the compulsory education program through uniform costs and other charges explicitly prohibited by existing regulations. Therefore, there is a need for government-led socialization, guidance, and assistance to the community, as well as increased budget allocations for educational aid, more schools, and joint evaluations between the government and society to achieve an effective compulsory education program that reduces dropout rates.
The Ideal Strengthening of the Attorney General's Authority in Civil and Administrative Law to Provide Legal Assistance in the Implementation of Strategic Projects Sukandi Maku; Erman I. Rahim; Suwitno Y. Imran
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.v5i3.1438

Abstract

The objective of this paper is to formulate the ideal strengthening of the Attorney General's Office's authority in the fields of civil and administrative law to provide legal assistance in the implementation of strategic projects. This study employs a normative legal research method using several approaches, namely the Statutory Approach, the Conceptual Approach, and the Case Approach. The research utilizes a data analysis technique based on deductive logic with a prescriptive nature. The findings of this paper indicate that the authority of the Attorney General's Office in the fields of civil and administrative law needs to be strengthened in terms of both substance and structure to support legal assistance for national strategic projects. Pursuant to Article 18 of Law No. 11 of 2021, the Attorney General's Office acts as the State Attorney in both litigation and non-litigation matters in the interests of the state and government. This assistance is carried out through the safeguarding of strategic projects and legal risk mitigation. A paradigm shift from a repressive to a preventive approach is crucial to minimize deviations and support sustainable governance. Therefore, coordination among units, supervision, and comprehensive regulations are necessary to ensure transparency and accountability.
Settlement of Default Disputes in Credit Agreements Between BPR Bank (BUMD BIMA) and Customers Using State Attorney Prosecutors Uni Apriani; Budi Parmono; Sunardi
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.v5i3.1452

Abstract

The State Attorney is a government apparatus that acts in law enforcement in accordance with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004. The problems raised by the author are to determine the Settlement of Default Disputes in Credit Agreements Between BPR Banks (BUMD BIMA) ) With Customers Who Use State Attorneys (Studies At the Coastal Bank of Bima City). The research method uses sociological juridical in the form of interviews conducted by the author directly. Based on the results of the study that in its duties and authorities the State Attorney's Attorney has a very important role in law enforcement, however regarding the above provisions, namely Law Number 11 of 2021 concerning the Indonesian Prosecutor's Office, if what is discussed is related to non-litigation settlement of default disputes, then these rules has not been able to accommodate comprehensively related to mediation efforts carried out by JPN, as stipulated in the Law. For this reason, additional rules are needed, namely the provisions contained in the Decree of the Attorney General of the Republic of Indonesia No: Kep.225/A/J/A/3/2003 Regarding Duties and Authority of State Attorney.
Exceptions to the Right to Be Forgotten in Relation to Press Freedom in the Digital Era Theon Charles; Kiki Kristanto; Rizki Setyowibowo Sangalang
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.v5i3.1467

Abstract

The rapid development of technology has significantly transformed the dissemination and accessibility of information in Indonesia. With 77% of the population being internet users in 2023, issues surrounding personal data protection and freedom of the press are becoming increasingly critical. The "Right to be Forgotten" (RTBF), inspired by the European Union's GDPR framework, has been incorporated into Indonesia's Personal Data Protection Act No. 27 of 2022. This legislation grants individuals the right to erase personal data under certain conditions. However, this right faces challenges when it intersects with press freedom, a cornerstone of democracy. The Indonesian law does not explicitly address the exemption of RTBF in the context of freedom of expression and public interest reporting, unlike the GDPR. This gap potentially poses a threat to journalistic activities, especially in reporting sensitive issues like legal proceedings or public figures' misconduct. This study employs a legal research method with statute, conceptual, and comparative approaches to analyze this intersection. The findings highlight the need for balanced regulations that protect personal privacy without undermining press freedom. As such, considering technological advancements and societal needs, is essential for ensuring the coexistence of these fundamental rights.
Legal Protection of Intellectual Property Rights in the Form of Trademarks on Mandatory Halal Food & Beverage (F&B) Products in Indonesia Ofelica Ruth Mayca; July Esther; 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.v5i3.1482

Abstract

Indonesia, as the Country with the largest Muslim population in the world, has great potential in the halal food and beverage (F&B) Industry. Halal products not only fulfill the needs of Muslim consumers, but are an important part of cultural and religious identity. Intellectual Property Rights (IPR) protection plays a crucial role in encouraging innovation, protecting originality, and increasing the competitiveness of local products, especially in the F&B business sector. In the context of halal, halal certification has been made mandatory through Law 33 of 2014 concerning Halal Product Guarantee (JPH Law), which aims to provide legal certainty, safety, and convenience for consumers, while supporting the competitiveness of producers. This research explores the legal protection of brands in mandatory halal F&B products in Indonesia, by discussing the role of the government with related institutions and IPR protection in the face of global competition, as well as strategic steps to increase business actors' awareness of the importance of IPR and halal certification.

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