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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 Disparity in Judges' Decisions in Narcotics Crimes Cases: Case Study of the Decision of the Sungailiat District Court Number 175/PID. SUS/2017/PN SGL JO Supreme Court Decision Number 629 PK/PID. SUS/2024 Selvy, Selvy; Yandi, Yandi
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.v5i4.1512

Abstract

The disparity in judges' decisions regarding narcotics cases in Indonesia has become a critical issue, affecting legal certainty and public trust in the judicial system. This study examines the decision disparity in the Sungailiat District Court Case No. 175/Pid.Sus/2017/PN Sgl and Supreme Court Case No. 629 PK/Pid.Sus/2024. Using a normative and empirical juridical approach, the study identifies key factors influencing decision differences, including variations in judicial interpretation, application of legal provisions, and consideration of mitigating/aggravating circumstances. By employing Gustav Radbruch's theory of justice and Muladi's integrative criminal theory, the analysis highlights the tension between legal certainty, justice, and societal interests. The findings suggest that disparities arise due to judicial discretion, evidentiary differences, and systemic legal inconsistencies. The research underscores the need for more standardized sentencing guidelines to minimize inconsistencies and enhance fairness in narcotics-related verdicts. The study’s implications contribute to the discourse on judicial transparency, criminal law reform, and the need for a more balanced approach between punishment and rehabilitation in Indonesia’s legal system
Study of Actor Networks and Discourse in the Policy of Formation of Land Bank in Indonesia Hartanto, Lia Wahyu; Ningrum, Sinta; Setiawan, Tomi
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.v5i4.1560

Abstract

This study aims to determine the actor network and discourse that work in the context of land bank formation in Indonesia. This study uses a qualitative method with a network-based discourse analysis approach (Discourse Network Analysis) to understand the pattern of actor networks and policy discourse. Data were collected from online media coverage, academic studies, and related regulations. The results of the study found that the policy actor network consists of the Government, private sector, academics, media, and civil society groups with discourses that contest between investment interests and social justice. The implications of this study indicate that land bank policies accommodate the interests of investors more than the principle of social justice in agrarian reform. Therefore, a critical evaluation of the regulation and implementation of this policy is needed so as not to ignore people's rights to land
Enforcement of Criminal Law Against Perpetrators of Criminal Acts of Attacking Vital Organs (Study of Decision Number: 59/Pid.B/2021/PN Lbh) Suhartini, Siti Pujiastuti
Journal of Law, Politic and Humanities Vol. 5 No. 5 (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.v5i5.1581

Abstract

This research aims to analyze the proof of the element “intentionally” in the crime of taking the life of another person through an attack on the victim's vital organs. In cases such as murder and maltreatment causing death, the element of intent is a key element that must be proven, although it is often difficult to prove in practice. This research examines the application of jurisprudence Number 1/Yur/Pid/2018 and how this principle is applied in District Court Decision Number 59/Pid.B/2021/PN LBH. The method used is normative legal research with the approach of legislation, concepts, and cases. The results show that based on “Jurisprudence Number 1/Yur/Pid/2018” which states “The element of intentionally taking life is fulfilled if the perpetrator attacks the victim with tools, such as sharp weapons and firearms, in parts of the body where there are vital organs, such as the chest, abdomen and head”. In the verdict in criminal case number 59/Pid.B/2021/Pn Lbh, there was no unanimous consensus due to differences of opinion caused by the difficulty of proving the element of intent on the part of the Defendant, which in the end the Defendant was found legally and convincingly guilty of committing the crime of persecution.
Legal Principles of Agreements in Fixed-Term Employment Agreements (Study of PT Abc's Partnership Pattern Employment Agreements After Management Decision) Kusumadewi, Dimitria Pawestri; Joesoef, Iwan Erar; Wati, Diani Sadia
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.v5i4.1596

Abstract

Employment relations in Indonesia are regulated in the 1945 Constitution and the Manpower Law, which guarantee workers' rights to employment and fair treatment. However, in practice, there has been a shift in terminology and work patterns, especially with the implementation of partnership patterns by companies to avoid employment obligations. This study highlights the implementation of partnership patterns at PT ABC which changes the status of warehouse workers to partners, thereby eliminating normative rights such as minimum wages, social security, and other benefits. Changes in terminology such as "wages" to "service fees" and "working hours" to "service hours" blur the boundaries between employment and partnership relationships. This leads to labor exploitation. This study analyzes the principles of employment agreements in partnership patterns and their impact on the protection of warehouse workers at PT ABC. The results of the study indicate that partnership patterns can be a legal loophole for companies to avoid employment obligations, so stricter regulations are needed to protect workers' rights.
Analysis of the Law Enforcement on Illegal Mining in the Rehabilitation Area of Gunung Menumbing Grand Forest Park, West Bangka Regency Angel, Angely Priatna Putri; Tamrin, Husni
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.v5i4.1639

Abstract

Illegal tin sand mining in the rehabilitation area of Gunung Menumbing Forest Park (Tahura) in West Bangka Regency poses a serious threat to the ecosystem and the conservation functions of the area. However, the illegal tin sand mining occurs in the rehabilitation block of Gunung Menumbing Forest Park, a block that had already suffered damage due to natural factors. This study aims to analyze the implementation of criminal law against illegal mining activities and the effectiveness of law enforcement. The research adopts a socio-legal approach with an empirical juridical method, collecting data through document studies, field observations, and interviews with stakeholders in the area. The findings indicate that although legal regulations such as Law No. 41 of 1999 on Forestry and Law No. 32 of 2009 on Environmental Protection and Management are sufficiently comprehensive, their implementation still faces various obstacles. The hindering factors include limited personnel and surveillance technology, as well as the community's economic dependence on illegal mining. From 2023 to 2024, six criminal cases and seven suspects involved in illegal mining activities have been recorded in the rehabilitation block of Gunung Menumbing Forest Park. The study concludes that law enforcement has been ineffective due to weak legal structures and a social culture that is permissive toward environmental violations. Recommended actions include strengthening the capacity of law enforcement agencies, improving inter-agency coordination, and implementing community empowerment programs to create sustainable economic alternatives
The Rejection of Palestinian Refugees Following the October 7, 2023 Attack: A Perspective on Security and Humanity Sitorus, Michael Daud Marsinondang; Wati, Diani Sadia
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.v5i4.1642

Abstract

The escalation of the Israeli-Palestinian conflict on October 7, 2023, led to a large-scale attack by Hamas, triggering a refugee crisis in Gaza and subsequent rejections by neighboring countries, including Jordan. This rejection, although in conflict with the principle of non-refoulement as a norm of international law, is viewed as a measure to protect state sovereignty. This research employs a normative juridical method, emphasizing legislative, case-based, historical, and conceptual approaches to analyze the interaction between state sovereignty and refugee protection. The main discussion includes the threats to sovereignty posed by refugees, the perspective of the non-refoulement principle as a jus cogens norm, and the implications of the resulting normative conflict. The conclusion indicates that while state sovereignty is crucial, humanitarian considerations and the rights of refugees must also be taken into account to achieve a fair and harmonious solution.
The Harmonization of Pancasila Values and the 1945 Constitution in Resolving Modern Electoral Disputes Based on the Principle of Rule of Law Callista Yo, Beatrice; Wartoyo, Franciscus; Cheryl, Livia; Maurent, Vanessa
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.v5i4.1656

Abstract

This research aims to analyze the correlation of modern election dispute resolution in a constitutional state in the context of the basic constitution, namely the 1945 Constitution and Pancasila. Using normative qualitative research methods, this research focuses on studying the application of basic state principles in resolving election disputes in Indonesia. The elections held were based on the principles of democracy and popular sovereignty in Article 1 paragraph 3 of the 1945 Constitution which often gave rise to disputes, which ultimately threatened political and legal stability. Therefore, it is important to ensure dispute resolution is in accordance with the values contained in the 1945 Constitution and Pancasila, especially the fourth principle which emphasizes deliberation in representative deliberations. The research results show that harmonization between the values of Pancasila and the principles contained in the 1945 Constitution will result in a crucial role in ensuring fair, transparent and legally valid dispute resolution. Application of principles rule of law in this process can strengthen the legitimacy of election results and increase public trust in the democratic process. With this, the application of these two foundations can maintain political and legal stability in Indonesia, as well as create an electoral system of higher quality and integrity (Constitutional Court, 2023). It is hoped that this research can contribute to strengthening the legal and democratic system in Indonesia.
Reformulation of Bribery Provisions for Foreign Public Officials and International Organizations in Indonesia's Anti-Corruption Law Susilawati, Narfin; Rahman, Andi Tenri Asniar; Imala, Jihan
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.v5i4.1659

Abstract

Corruption in Indonesia is a major issue, particularly in regards to bribery of foreign public officials and officials from international organizations. Corruption, being a worldwide problem, not only harms the economy but also weakens democracy and erodes public confidence. Even though Indonesia has ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption, 2003, the laws addressing bribery of foreign public officials and officials of international organizations have not been implemented in Indonesia. This research uses a comparative approach by comparing regulations in Indonesia and France which have criminalised active and passive bribery against foreign public officials. Through the analysis of bribery cases in Indonesia, this research shows that there is a legal vacuum that results in law enforcement officers being unable to follow up on bribery perpetrators who are foreign citizens. Therefore, reforming the current laws to address bribery involving foreign public officials and international organization officials is essential in Corruption Eradication Law (UU Pemberantasan Tindak Pidana Korupsi). This study suggests the introduction of more robust regulations to enhance anti-corruption measures and uphold the integrity of the legal system in Indonesia.
Legal Protection of Online-Based Transportation Workers in the Era of Digitalization Indayatun, Ratna
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.v5i4.1664

Abstract

The objective of this research is to analyze the employment relationship between online transportation workers and their employers, examine why online transportation workers do not receive benefits from the Social Security Administration for Employment (BPJS Ketenagakerjaan) program, and assess the government's role in providing legal protection for online transportation workers. The research employs normative and sociological legal methods, utilizing secondary legal materials such as books, questionnaires, and interviews. Research Findings: The employment relationship between online transportation workers and their employers constitutes a permanent employment relationship (PKWTT) since it involves elements of work and wages. Online transportation workers receive legal protection from the Social Security Administration; however, this protection does not include the Old Age Security program. The government plays a role in providing legal protection to online transportation workers, as stipulated in Article 16, Paragraph (3) of Minister of Transportation Regulation No. PM 12 of 2019. However, in practice, online transportation workers have not fully received the social security benefits provided by the Social Security Administration for Employment (BPJS Ketenagakerjaan). Therefore, the government needs to provide guidance to employers and enforce laws and regulations related to the Old Age Security program in alignment with the digitalization era.
Social Assistance Recipient Program Based on Lawrence M. Friedman's Theory Magna, Merlin Swantamalo; Karisma, Seli
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.v5i4.1666

Abstract

Poverty is a multidimensional problem that has a wide impact on various aspects of people's lives. One of the government's main strategies in overcoming this problem is through the provision of social assistance (bansos). However, in its implementation, there are still social assistance recipients who are not on target, so improvements are needed in the requirements for aid recipients. This study explores social assistance receipt programs within the framework of Lawrence M. Friedman's legal system theory, which highlights three main components in the legal system: legal structure, legal substance, and legal culture. Using normative methods and conceptual approaches, this research relies on secondary data from relevant regulations, policies, and academic literature. The findings of the study reveal that although the legal structure that regulates social assistance is available formally and completely, in the sub-system of legal substance, it is necessary to determine more detailed and objective criteria for social assistance recipients so as to minimize recipients of assistance that are not on target. In addition, the legal culture shows the phenomenon of people who tend to represent themselves as poor individuals so that they deserve social assistance. Therefore, it is necessary to work together from the government and the community through changes in legal culture; mindset and habits so that they can form an effective legal structure and legal substance as an effort to alleviate poverty in Indonesia.

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