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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 1,054 Documents
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The Urgency of Regulating the Transparency Principle of the 'AI System' in Indonesia: The Phenomenon of Self-Preferencing and Regulation in the European Union Ratih Mulia Fazriati; Sinta Dewi Rosadi; Prita Amalia
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.v5i3.1485

Abstract

This research discusses the phenomenon of self-preferencing by artificial intelligence (AI) technology in the e-commerce sector in Indonesia, as well as a comparison with regulations in the European Union. AI as an automated decision-making tool has been adopted by e-commerce platforms to improve efficiency and service personalization. However, some e-commerce platforms use AI for self-preferencing practices, such as Shopee's practice with SPX couriers. This practice raises issues of unfair business competition and threatens the transparency principle of technology utilization. This research analyzes relevant regulations such as UU ITE, PP PSE, and PP E-Commerce by conducting a comparative study of regulations in the European Union such as the Artificial Intelligence Act, Digital Market Act, and P2B Regulation. This research shows that AI is constructed as an electronic agent whose utilization must be in line with the principles contained in the ITE Law. In the ITE Law, the principle of transparency for electronic agents is not regulated. This is different from regulations in the European Union which regulate the principle of transparency as a form of legal certainty for business actors in the e-commerce platforms.
Criminal Policy on the Distribution of Pornographic Content Through Electronic Media Ingrid Angelina Lukito Arif; Nynda Fatmawati O
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.v5i3.1489

Abstract

The dissemination of pornographic content in cyberspace represents a complex challenge arising from advancements in information and communication technology. This content is widely accessible and distributed through social media and instant messaging platforms, presenting significant obstacles in law enforcement and criminal accountability. In Indonesia, the dissemination of pornographic content is regulated under Law No. 44 of 2008 on Pornography and Law No. 11 of 2008 on Information and Electronic Transactions (ITE). These laws prohibit the creation, distribution, and access to pornographic materials, with clear criminal sanctions for violators. Two models of liability are addressed: individual and corporate. Individual accountability involves actions such as uploading content, while corporate liability pertains to platforms facilitating its dissemination. Enforcement challenges include user anonymity and resource limitations among law enforcement agencies. To address this issue, preventive measures such as public education on the dangers of pornography and involvement of internet service providers in monitoring illegal content are crucial. International cooperation is also essential to tackle cross-border violations. With collective efforts, the spread of pornographic content can be mitigated. Effective prosecution, based on the relevant legal framework, is imperative to deter violations, protect society, and foster a safer cyberspace environment.
The Impact of Parliamentary Threshold on Non-Parliamentary Parties in the 2024 General Election from the Perspective of Fiqh Siyasah Rinaldi Gunawan; Syaddan Dintara Lubis
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.v5i2.1537

Abstract

This study examines the impact of the parliamentary threshold on non-parliamentary parties in the 2024 General Election through the lens of fiqh siyasah, an Islamic legal perspective on politics and governance. The study explores how the threshold policy affects the political participation, electoral strategy, and sustainability of non-parliamentary parties in Indonesia. Using a qualitative descriptive approach, data were collected through in-depth interviews with political figures, content analysis of policy documents, and direct observations of campaign activities. The findings reveal that the parliamentary threshold poses significant challenges for non-parliamentary parties, limiting their representation and political influence. However, from the perspective of fiqh siyasah, these parties adopt strategic measures such as coalition-building, grassroots mobilization, and issue-based campaigns to remain politically relevant. The study concludes that the parliamentary threshold, while intended to stabilize governance, also raises concerns regarding political inclusivity and representation. In the framework of fiqh siyasah, an equitable political system should ensure fair opportunities for all political entities to contribute to democratic governance and public welfare
Performance Based Capitation Settings in the National Health Insurance Program for Primary Healthcare Facilities Yulia Susanti; Khairani
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.v5i3.1545

Abstract

The National Health Insurance Program by the Health Social Security Administration Agency aims to provide access to quality, safe, and affordable health services. A capitation payment system is implemented for Primary Healthcare Facilities based on the number of registered participants, but this system faces obstacles in encouraging service quality improvement. To address this, Performance-Based Capitation was developed with key indicators such as contact numbers, non-specialist referral ratios, and controlled Prolanis participant ratios. This study uses normative juridical methods to analyze the regulations, implementation, and challenges of Performance-Based Capitation in National Health Insurance. The data was analyzed qualitatively through a study of laws and regulations, scientific literature, and related reports. The results of the study show that the implementation of Performance-Based Capitation is effective in increasing the utilization of Primary Healthcare Facilities, reducing the referral rate to an advanced level, and improving the management of chronic diseases. However, there are obstacles in the form of limited infrastructure, resource inequality, and lack of coordination between stakeholders. To increase the success of Performance-Based Capitation, it is necessary to strengthen regulations, increase the capacity of human resources, utilize information technology, and provide performance-based incentives.
Legal Protection for Consumers in the Transportation Sector: An Analysis of Consumer Rights and the Responsibilities of Public Transport Service Providers Bernadetta Tjandra Wulandari
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.v5i3.1552

Abstract

Consumer protection in the transportation sector is a crucial aspect of public service governance, ensuring that consumer rights are safeguarded while maintaining the accountability of service providers. This study aims to analyze the legal protection mechanisms for consumers in the transportation sector, focusing on the rights of consumers and the responsibilities of public transport service providers. Using a qualitative research methodology, this study employs a literature review approach (library research) to examine relevant legal frameworks, regulations, and case studies at both national and international levels. The findings indicate that while many legal frameworks exist to protect consumer rights in the transportation sector, enforcement and implementation remain inconsistent. Consumers are entitled to safety, security, accessibility, and fair treatment, yet challenges such as inadequate regulations, lack of transparency, and insufficient enforcement mechanisms often hinder their protection. Public transport service providers, on the other hand, have a responsibility to ensure service reliability, safety standards, and adherence to consumer protection laws. This study highlights the need for stronger regulatory oversight, improved legal enforcement, and increased consumer awareness to enhance consumer protection in the transportation sector. By analyzing legal principles and international best practices, this study contributes to the discourse on consumer rights and public transport governance. Strengthening legal frameworks and promoting responsible service delivery are essential to ensuring a fair and efficient transportation system.
Copyright Protection for AI Usage of Song in the Era of Digital Disruption Tamarischa Pradhipta; Ery Agus Priyono
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.v5i3.1556

Abstract

Artificial intelligence (AI) is a technology designed to mimic human intellectual abilities to improve efficiency and effectiveness in various fields. As technology advances, AI has been widely adopted in everyday life, from the creative industry, health, to education. One of the latest examples is the Meta AI feature on WhatsApp, which makes it easier to interact and process data. Although AI provides many benefits, its emergence also poses challenges, especially related to copyright protection, such as in the ChatGPT chatbot and AI voice cloning technology in the music industry. AI allows for high-accuracy voice replication, which has the potential to cause copyright infringement in music creation. Therefore, clear legal regulations and the application of ethics in the use of AI are needed so that its development can have a positive impact on society.
Normative Juridical Study on the Second Amendment to Law Number 6 of 2014 on Villages in Law Number 3 of 2024: The Implications for Enhancing Village Independence in Indonesia. Deddy Winarwan; Thea Farina; 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.v5i3.1563

Abstract

Law Number 6 of 2014 concerning Villages aims to increase village independence. However, changes in Law Number 3 of 2024 raise questions about whether this new regulation strengthens or weakens village independence. This study aims to identify articles that impact village independence and assess their implications through a comparative and logical approach. The analysis was conducted using a normative legal method and responsive legal theory. The study results show that seven articles in Law Number 3 of 2024 affect village independence. Five articles have a negative impact, while two new articles (Articles 72A and 87A) have a positive effect. The decline in village independence occurs due to budget dependence on the central and regional governments (Articles 72 and 74), reduced transparency (Article 86), and external intervention in village development (Articles 67 and 78). In contrast, Article 72A clarifies the use of the village budget, and Article 87A strengthens the role of BUMDes as a pillar of the village economy. Overall, Law Number 3 of 2024 will reduce rather than increase village independence, thus potentially hindering villages from achieving better welfare.
Indonesia's Joins BRICS: Balancing Economic Opportunities and Geopolitical Challenges in a Multipolar World Asep Setiawan
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.v5i3.1567

Abstract

This study explores Indonesia’s interest in joining BRICS (Brazil, Russia, India, China, and South Africa) and evaluates the economic, geopolitical, and strategic implications of its potential membership. Employing a qualitative methodology, the study examines Indonesia’s motivations for aligning with BRICS and assesses the challenges of maintaining balanced foreign relations with both BRICS nations and Western allies. The findings indicate that Indonesia views BRICS membership as a means to diversify economic partnerships, access alternative financial mechanisms, and enhance its influence in global governance. However, membership also poses risks, including potential diplomatic tensions with Western powers and challenges to Indonesia’s traditional “bebas aktif” (independent and active) foreign policy. The study further explores the regional implications of Indonesia’s BRICS membership, particularly in ASEAN, and considers whether Indonesia could serve as a diplomatic bridge between BRICS and Western-led institutions. While BRICS offers Indonesia economic and political opportunities, the study highlights the complexities of navigating global power shifts in an increasingly multipolar world. Ultimately, Indonesia's decision on BRICS membership will reflect its broader strategy for balancing national interests, economic pragmatism, and geopolitical alignment in a rapidly evolving global order.
RCEP & WGEC: Boosting Indonesia’s E-Commerce and Attracting China’s Investment Mohammad Rayyan
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.v5i3.1571

Abstract

In the era of globalization and revolution 4.0, the economic and trade aspects of a country cannot be separated from progress. Currently, many countries are developing their economies with technology-based trading activities (e-commerce). China is a country with a fairly large development of the e-commerce industry and generates significant revenue in the e-commerce sector. Indonesia as a developing country is considered to have become a country in the Southeast Asia region that has progress in the development of the e-commerce industry. Seeing this opportunity, China initiated the formation of The Regional Comprehensive Economic Partnership (RCEP) and formed a Working Group on E-Commerce (WGEC) to enhance the development of the e-commerce industry in Indonesia. Meanwhile, Indonesia has an interest in developing the e-commerce industry and is determined to become a major player in the e-commerce industry in the Southeast Asian region as a country. This study will use the concept of economic nationalism to analyze the cooperation between Indonesia and China in e-commerce cooperation. carried out through the WEGC framework, the two countries certainly provide benefits and also each country can fulfill its national needs in this cooperation.
Opportunities for Implementing Alternative Dispute Resolution (ADR) in Settlement of Tax Disputes in Indonesia Ebenezer Hutagalung; Zainal Mutaqqin; Muhamad Amirulloh
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.v5i3.1572

Abstract

The emergence of tax disputes as a consequence of differences in interests between tax authorities and taxpayers is a normal thing to happen. However, if an excessive number of tax disputes occur, this has the potential to create legal uncertainty, both for taxpayers and tax authorities. In theory and practice, a dispute resolution mechanism has developed as an implementation of law enforcement outside of court (non-litigation), namely a form of dispute resolution using the services of a neutral third party without going through a court process agreed upon by the parties. Indonesia already has provisions regarding dispute resolution outside of court, as stated in Law Number 30 of 1999, concerning Arbitration and Alternative Dispute Resolution, but this is only limited to civil and business cases or disputes. However, there is an opportunity to apply ADR in resolving public disputes, especially tax disputes, provided that ADR is limited to administrative efforts and does not conflict with legislation, as well as legal updates at the level of the Act regarding the implementation of ADR. The opportunity to apply ADR to tax (administrative) disputes can be carried out during the discussion of audit results by the Quality Assurance (QA) team when there is no common ground between the tax auditor and the Taxpayer. The QA team can act as an independent and impartial mediator whose decisions are binding. The decision of the QA team as a mediator is also a preventive effort to prevent tax disputes from arising.

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