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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 Protection for Investors’ Personal Data Against Cybercrime Threats in Capital Market Based on IOSCO Principles Kevin Darmawan; Aninditha Sekar Putri
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1458

Abstract

The increasing threat of cybercrime, particularly in the capital market sector, poses a serious risk to investors' personal data protection in Indonesia. This challenge requires a robust and adaptive regulatory approach to maintain trust and security within the capital market. As a member of IOSCO, Indonesia has access to principles designed to protect investors and minimize cyber risks. This study employs a normative juridical method using secondary data in the form of primary and secondary legal materials to examine the effectiveness of IOSCO principles in national law. The study’s findings indicate that IOSCO applies 38 principles forming a policy framework for investor protection through preventive and educational efforts for its member countries. However, although Indonesia’s positive law has established a framework for personal data protection, certain aspects of IOSCO principles remain unaccommodated, particularly in terms of oversight and cyber risk management. Therefore, the establishment of a Personal Data Protection Supervisory Body in Indonesia is essential to enhance investor protection and ensure functional harmonization alongside the Indonesia Financial Services Authority.
The Politics and Law of 30% Women’s Representation in the Central Kalimantan Provincial DPRD: A Review of the Implications Based on Regulations and Principles of Democratic Justice Rosa Husadah; Agus Mulyawan; Joanita Jalianery
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1463

Abstract

Women's participation in governance is a crucial issue in efforts to achieve gender equality and fair democracy. In Indonesia, the 30 percent female quota in legislative bodies is regulated under paragraph (2) of Article 245 of Law No. 7 of 2017 regarding national elections. However, there are still many challenges that must be overcome in the implementation of this policy, especially at the local level. The issues that will be discussed, namely how the challenges in initiatives to enhance woman inclusion in the Central Kalimantan Provincial DPRD, are reviewed from the perspective of applicable regulations and the principles of democratic justice, and how the legal politics regulate the representation of 30% women in the Central Kalimantan Provincial DPRD. This paper uses an empirical legal research method, which is a study based on data obtained from interview observations. Empowerment measures such as political education and training for women need to be strengthened to furnish women with expertise and awareness they need to compete in the political arena. The importance of early political education and public awareness campaigns about gender equality in politics can change existing social perceptions and norms. To bolster women's presence in the Central Kalimantan DPRD, the government, political parties, and the community need to work together to create an environment that supports women's active political participation
Legal Protections of Pratama Clinic Doctors in Providing Aesthetic Services Lenno Idjianto; I Nyoman Suyatna; Ika Widi Astuti
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1465

Abstract

Pratama clinic is a facility that provides limited medical services carried out by a doctor or dentist with technical responsibility. This research uses a type of normative legal research, namely deductively starting with an analysis of articles in statutory regulations and their relationship to their application in practice. The results of this research are that currently, the regulatory framework relating to medical aesthetics in Indonesia does not have formal regulations. Regulations regarding medical aesthetics refer to several regulations regarding related medical services and can be used as a legal basis for medical aesthetics. Legal protection for aesthetic doctors operating in beauty clinics is currently regulated by Law Number 29 of 2004 concerning Medical Practice. This law provides legal protection for doctors who comply with professional standards and standard operational processes when practicing.
Juridical Review of Defamation in the Context of Domestic Violence (KDRT) Evidence Videos Uploaded on Social Media Robiatul Adawiyah; Nynda Fatmawati O
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1488

Abstract

Social media currently plays a significant role in everyday life, facilitating the sharing of information, including sensitive issues such as Domestic Violence (DV). Uploading videos as evidence of DV is often used as an attempt to seek public support or demand justice. However, this practice poses legal risks, particularly related to defamation, especially if the identity of the affected party is revealed. In Indonesia, defamation is regulated under the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE Law), particularly Article 27, paragraph (3), which is frequently applied in social media-related cases. The dilemma arises in balancing the victim's right to disclose their experience of violence with the perpetrator's right to protect their reputation. These cases highlight the challenges of law enforcement in the digital era, where victims often turn to social media due to a lack of trust in formal legal systems, while others may use the law to defend their reputation. Data from the Ministry of Communication and Information (Kominfo) and the National Commission on Violence Against Women (Komnas Perempuan) show an increase in such cases, indicating the need for legal revisions that are more just and responsive to technological advancements and social dynamics.
Juridical Review of the Implementation of Anti-SLAPP Policy in Indonesia (Analysis of Decision No. 14.Pid.Sus/2024/PN JPA) Missleini; Nynda Fatmawati O
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1490

Abstract

The state's obligation to protect activists is a crucial aspect of human rights enforcement and democracy. Despite existing legal frameworks, both domestic and international, many activists still face significant threats in practice. The decision in Jepara District Court Case No. 14 Pid.Sus/2024/PN Jpa illustrates challenges in safeguarding freedom of expression, particularly on environmental issues. This case raises concerns about the inadequate implementation of anti-SLAPP policies, which aim to protect public participation. The ruling risks suppressing freedom of speech and creating a chilling effect on environmental activists. Protecting activists through legal reforms and consistent policy implementation is essential to fostering democracy, social justice, and public engagement in critical discussions.
Financial System Management Resilience and Systemic Risk in Banking: Regulatory Perspective Jonker Sihombing
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1498

Abstract

Study This will explore How authority regulation arrange management risk systemic in banking For ensure resilience system finance in a way Overall . Focus specifically on the framework regulation and role institution government in overcome risk Systemic . Method research used is legal normative . Results study show based on on the frame regulation and role institution government in overcome risk systemic , then Government , Bank Indonesia, Institutions Guarantor Deposits , and the Financial Services Authority Already coordinate with very close . Coordination This of course it fits with authority each . Bank Indonesia has the authority is in the field of policy monetary , policy macroprudential , and system payment , so that is done is control inflation , do stability mark swap rupiah , do decline interest rates , providing funds liquidity , loosening policy macroprudential , as well as guard smoothness system payment Good cash or non- cash . Institutions Guarantor Savings , as function guarantee savings , which do guarantee savings banking and settlement bank problematic . While Financial Services Authority , in accordance with his authority do regulation and supervision individual microprudential banking and industry non- bank finance , for ensure health each banks and institutions non- bank finance . From experience handling of COVID-19 in the past , then seen Bank Indonesia's authority according to the P2SK Law has role important in prevent and handle crisis system finance especially.
The Dynamics of the Prosperous Justice Party's Strategy in the Depok City Regional Elections Across Four Periods (2005-2020) Felix Marshall Jotham; Aniqotul Ummah
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1500

Abstract

This article explores the dynamics of the political strategy of the Prosperous Justice Party (PKS) in the Depok City Regional Head Election (Pilkada) during the 2005-2020 period. The focus of this study is to analyze the strategy of nominating mayors and deputy mayors by PKS, which managed to maintain power for almost 20 years, spanning four consecutive terms. Depok City became a significant stronghold for PKS, demonstrating the party's dominance through strategic adaptations over time. This research employs a descriptive qualitative approach, using campaign strategy indicators to evaluate PKS's success in the Depok City Pilkada. The main objectives of the study are to understand the evolution of PKS's strategy, identify the strategic steps taken, and explore the key factors that influenced the party's success in winning the Pilkada. The results reveal a gradual evolution in PKS's strategy. In the 2005 Pilkada, the party relied on conventional approaches such as grassroots networks and social activities. However, with technological advancements, PKS began adopting digital campaigns in subsequent elections. This transformation became evident in the 2015 and 2020 regional elections, where social media was used extensively to engage young voters and the urban middle class. The findings highlight that strategic adaptation, internal unity, and the ability to address local issues were key to PKS's dominance in Depok. The relationship between PKS and Depok City reflects a complex political dynamic, where the party successfully integrated traditional and modern campaign strategies to maintain its power. This research underscores the importance of adaptation, solidarity, and innovation in local political competition, which were the determining factors in PKS's success in the Depok City Regional Election from 2005 to 2020.
Change of Fixed Allowance Wage System to Performance Incentive Ma’ruf Okky Setiawan; Thea Farina; Nuraliyah Ali
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1501

Abstract

In the context of Indonesian labor law, this research looks at how the wage system changed from fixed allowances to performance incentives. This research aims to study the legal consequences of the change in Law Number 13 Year 2003 on Manpower, specifically Article 55, Article 92, Article 110, and Article 111 letter (b). Based on primary and secondary legal materials, this research uses a normative legal method with a qualitative descriptive approach.The results show that workers can experience negative impacts if fixed allowances are converted into performance incentives. This is especially true when calculating severance pay related to fixed allowances. Companies can review the wage structure under Article 92: however, this must be done with the involvement of workers, as stipulated by Article 110 and Article 111 letter (b). In addition, Article 55 confirms that employment agreements cannot be changed unilaterally without the consent of both parties. Analysis of case law shows that violations of these principles can lead to industrial relations conflicts. Therefore, it is important to ensure that changes to the wage system are made with worker involvement, transparency, and in compliance with applicable laws. This research concludes that stricter regulations and government supervision are needed to ensure that wage policy changes are fair and protect workers' rights, while creating harmonious industrial relations.
Patient's Right to Consent to Medical Procedures from the Perspective of Health Law, Bioethics, and Human Rights Ni Putu Parvathi Priyadarshini; I Gusti Ayu Putri Kartika
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1505

Abstract

The patient's right to consent to medical procedures is a vital element in the relationship between patients and healthcare providers, connected to health law, bioethics, and human rights, all focusing on the protection of patient autonomy. This study analyzes the patient's right to consent from the perspectives of health law, bioethics, and human rights, and identifies challenges in its implementation in Indonesia. A normative method is employed with legislative, conceptual, and comparative approaches. Data is gathered by analyzing national regulations, bioethical principles, and literature on human rights. Descriptive-analytical analysis was used to explore the synergy between these three perspectives in medical consent implementation. Findings reveal that the patient's right to consent is regulated by Law No. 17 of 2023 and other relevant regulations. Bioethics stresses respecting patient autonomy, while human rights ensure access to information and the freedom to consent. Challenges include paternalistic cultural attitudes, low public awareness, and inadequate healthcare facilities. Recommendations include strengthening regulations, providing bioethics training for healthcare professionals, and educating the public to safeguard patient rights in medical procedures in accordance with health law, bioethics, and human rights.
Abortion and Human Rights: An Analysis of Indonesian Legal Perspectives in Balancing the Right to Life of the Fetus and Women's Reproductive Health William Wongkar; I Wayan Gede Artawan Ekaputra
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1513

Abstract

Abortion in Indonesia is a complex legal and ethical issue, sparking debates concerning human rights (HR) from the perspective of the fetus's right to life and women's reproductive health rights. Legally, abortion is governed by the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, Law No. 1 of 2023 on the Criminal Code, and Law No. 17 of 2023 on Health. Human rights related to abortion encompass two primary perspectives: the fetus's right to life as part of humanitarian principles and women's right to reproductive health, including access to abortion under specific conditions such as medical indications or cases of rape. While abortion is generally viewed as violating humanitarian principles, Indonesian law accommodates certain exceptions to save the mother’s life or provide justice for victims of sexual violence. This study aims to foster public awareness that abortion in Indonesia remains strictly regulated within the legal framework, balancing human rights and societal moral values.

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