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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 of Social Security BPJS Employment for Informal Workers Agustin Meilarovasari; Fajar Rachmad Dwi Miarsa; Dhofirul Yahya
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.v5i5.1911

Abstract

This research discusses the legal protection for social security in employment for informal workers as a realization of the mandate of the state basis of the Republic of Indonesia aimed at achieving social welfare. The objective of this research is to identify the forms of legal protection for participants of social security in employment from the ranks of informal workers, as well as solutions to the problems that arise, particularly related to the inability to pay contributions to BPJS Ketenagakerjaan. The research method used is normative juridical with a legislative approach (statute approach). The data sources utilized are derived from primary and secondary legal materials, with data collection techniques through literature study. Data analysis is conducted in a descriptive-analytical manner. The problem formulations in this research include: (1) What is the form of legal protection for informal workers in employment social security, and (2) What are the legal consequences for informal workers who are unable to pay the BPJS Employment contributions.
Restorative Justice in Medical Case Resolution for Health and Medical Workers Munandar, M. Aris; Muchtar, Syamsuddin; Ramli, Rafika Nurul Hamdani
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.v5i5.1913

Abstract

This research discusses the application of restorative justice in the settlement of criminal cases in the health sector, especially those involving medical personnel and health workers. The background of this research is the increasing number of cases of alleged medical malpractice that have created a negative stigma against the medical profession. The purpose of this study is to analyze the restorative justice arrangements in Law Number 17 of 2023 concerning Health, as well as assess the urgency of more detailed technical arrangements. This research uses a normative legal research method with a statutory approach. The results show that although Article 306 of the Health Law has opened up space for case settlement through restorative justice, there are no clear indicators regarding the types of criminal offenses that can be resolved with this mechanism. In addition, Government Regulation No. 28 of 2024 has not yet regulated the technical implementation, and there is no clarity on the division of authority between professional organizations and law enforcement officials. The findings of this study emphasize the importance of drafting independent technical regulations so that restorative justice in medical cases can be implemented effectively, fairly, and provide legal protection for all parties involved.
Legal Implications of The Danantara Superholding Model on Public Accountability in State-Owned Bank Asset Management in Indonesia Pellokila, Catherine Ayunia Zoerien; Sugiharti, Dewi Kania; Affandi, Nurafni Kusumawardhani
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.v5i5.1916

Abstract

State-Owned Enterprises (SOEs) play a crucial role in Indonesia’s economy, yet governance challenges persist, particularly regarding asset management and public accountability. This article critically examines the legal implications of establishing Badan Pengelola Investasi Daya Anagata Nusantara (Danatara), a superholding formed under Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003, focusing on state-owned banking governance. Using a normative juridical (doctrinal) method supported by comparative studies with Singapore’s Temasek Holdings, this research analyzes the risks of diminished public accountability due to legal separations between Danatara’s investments and state assets. Findings reveal that while the superholding model aims to enhance efficiency, it may weaken constitutional principles concerning state asset control, impair public financial oversight, and obscure transparency and anti-corruption efforts. Moreover, an overemphasis on profitability risks undermining SOEs’ social functions, particularly in financial inclusion and development support. To ensure Danatara fulfills its constitutional mandate, this study recommends strengthening regulatory frameworks, legislative oversight, external audits, and institutional transparency mechanisms.
Legal Liability of Business Actors for Damaged Smartphone Products from a Consumer Protection Perspective Kefianto, Kefianto; Tarina, Dwi Desi Yayi
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.v5i5.1918

Abstract

This research discusses business actors whose products are damaged in large quantities. The purpose of this study is to examine how the responsibility of business actors for the products sold and analyze whether the responsibilities of business actors are in accordance with statutory regulations, especially Law Number 8 of 1999 concerning Consumer Protection. The research method used is normative legal research, with a case approach and legislative approach. Research data is obtained from primary legal sources in the form of laws and regulations, doctrine, scientific literature, and the results of relevant academic studies. The results showed that business actors have carried out their obligations by providing after-sales service in the form of unit repairs. However, in this case, it was found that many consumers experienced the same damage, so the business actor should take another step, namely recall the product from distribution.
Legal Protection for the Aggrieved Party in a Financial Lease Agreement Due to Breach of Contract Sari, Teresa Indah Puspita; Wijaya, Andika; Januardy, Ivans
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.v5i5.1919

Abstract

This paper aims to analyze the legal protection mechanisms available to parties who suffer losses as a result of a breach in financial lease agreements, and to evaluate effective dispute resolution methods, including mediation and arbitration. The research adopts a normative juridical method with a descriptive approach, utilizing data from primary and secondary legal sources. The findings indicate that breaches in financial lease agreements may occur in the form of delayed installment payments and the failure to return leased capital goods, which may result in both material and immaterial losses. A financial lease agreement must be based on a clear mutual understanding of the rights and obligations of the parties involved, so that in the event of a breach, the aggrieved party may claim damages. This principle is reflected in Article 1338 of the Indonesian Civil Code (KUH Perdata), which governs the binding force of contracts and the principle of freedom of contract, and Article 1238, which stipulates the obligation to compensate losses arising from the failure to fulfill agreed obligations. Court decisions reinforce the right of the aggrieved party to claim compensation and to demand the performance of the agreement. This paper emphasizes the importance of a clear understanding of rights and obligations in financial lease agreements in order to uphold justice and ensure the sustainability of business relationships
Legal Analysis of the Validity of E-Stamps in the Creation of Notarial Deeds and PPAT Deeds Based on the Stamp Duty Law and the Notary Position Law Putri, Jesika Ananda; Farina, Thea; Wijaya, Andika
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.v5i5.1921

Abstract

The development of digital technology has driven transformation in various fields, including the administration system and legal proof through documents. One significant innovation is the implementation of electronic stamps (e-stamps) as an alternative to physical stamps based on Law No. 10 of 2020 on Stamp Duty. E-stamps offer efficiency, ease of access, and the potential to prevent document forgery. However, its application in authentic deeds made by Notaries and Land Deed Officials (PPAT) raises legal questions, particularly concerning its validity and legal certainty. Article 1868 of the Civil Code (KUH Perdata) stipulates that authentic deeds must be made by or before a public official in accordance with the form specified by law. Meanwhile, the Notary Position Law has not explicitly accommodated the use of e-stamps. This research uses a normative approach with doctrinal and legislative methods to analyze the compatibility of e-stamp usage in authentic deeds. The study's findings show that although substantively e-stamps are valid as a tool for collecting duties, there is a legal gap in the technical regulations concerning their use in notarial and PPAT deeds. This gap creates legal uncertainty that may affect the evidentiary power of authentic deeds in court. Therefore, there is a need for more harmonious regulations and clear technical guidelines so that the digital transformation in notarial practices can be effectively implemented without reducing legal certainty.
Legal Protection Analysis of Consumers Against Traditional Medicines Containing Pharmaceutical Chemical Substances (BKO) in Digital Markets Tiara; Ali, Nuraliah; Nugraha, Satriya
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.v5i5.1922

Abstract

Pharmaceutical Chemical Substances (BKO) are chemicals added to traditional medicines to enhance their efficacy and accelerate healing. A 2015 BPOM (Indonesian Food and Drug Authority) report found 54 traditional medicine products containing BKO circulating in digital markets, posing potential risks such as liver and kidney damage. This study examines the legal protection of consumers against traditional medicines with BKO in digital markets and evaluates BPOM's role in prevention. The research uses a normative juridical method with a statute approach, analyzing secondary data qualitatively. Findings show that consumer protection for traditional medicines with BKO in digital markets is regulated under Law No. 8 of 1999 concerning Consumer Protection (UUPK), particularly Article 19, which prohibits businesses from making false or misleading claims. The Electronic Information and Transactions Law (UU ITE) also applies, particularly Article 9, requiring full disclosure to consumers regarding the substances, approval, form, efficacy, and side effects of the medicine. Sanctions for businesses selling traditional medicines with BKO in online markets can be imposed to protect consumer rights. Consumers are entitled to legal protection for purchasing traditional medicines not registered with BPOM. Articles 60 to 63 of the UUPK specify administrative and criminal sanctions, with Article 60 outlining administrative sanctions and Articles 61 and 62 detailing criminal penalties. BPOM issued Regulation No. 8 of 2020 to supervise online food and drug distribution, aiming to prevent the circulation of traditional medicines with BKO. BPOM Regulation No. 14 of 2024 revokes the previous regulation, expands commodity coverage, and clarifies procedures for monitoring and withdrawing illegal products based on online verification
The Implementation of Diversion for Juvenile Offenders: A Case Study in the Batu City Police Department Kurniawan, Rudi Eko; Sunardi, Sunardi; Muhibbin, Moh.
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.v5i5.1923

Abstract

The juvenile justice system is closely related to the diversion approach as a form of settlement effort for children in conflict with the law. Diversion in this case is a legal effort in resolving cases so that children in conflict with the law can avoid the consequences of judicial procedures which will have a direct impact on the child's psychological and mental state. Based on observations that have been made, in 2024 there have been at least 10 cases of criminal acts involving children as perpetrators in the jurisdiction. The perpetrators of the persecution are known to be 13 years old and in grade 7 of Junior High School (SMP). Diversion as an alternative approach in handling criminal offenses has been seen as an appropriate step to prosecute and guarantee the rights of children in conflict with the law. This research is empirical juridical research using sociological approach and statutory approach. The data used in this research consists of primary data sourced from the results of interviews and observations, as well as secondary data sourced from legal materials in the form of regulations and legislation relevant to the research topic. Data analysis is carried out qualitatively to describe and analyze the application of diversion to juvenile offenders in the Batu Resort Police. The results showed that diversion has not been realized comprehensively in the Batu City Resort Police. The police tend to prefer to use a restorative justice approach rather than diversion because the circumstances in the field do not allow for the application of diversion. Factors that hinder the implementation of diversion in the Batu City Resort Police include individual, procedural, and technical factors. Concrete efforts that have been made by the PPA unit of the Batu City Resort Police to overcome obstacles in the implementation of diversion include the formation of the PPA Task Force in collaboration with various other agencies, such as the Batu City District Attorney's Office, the Batu City Social Service, the Batu City Office of Women's Empowerment, Child Protection and Population Control and Family Planning (DP3AP2KB), the Batu City Education Office, and the Batu City Religious Ministry to socialize the improvement of child protection
Law on Urology Specialists in Providing Kidney Transplantation Service Prisnamurti, Fitra Hardian; Panji, Bambang; Romadhon, Ahmad Heru
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.v5i5.1924

Abstract

Kidney transplantation is a crucial healthcare service in managing end-stage chronic kidney disease. Despite its significant benefits for patients' survival and quality of life, this medical procedure may raise legal issues, particularly regarding the illegal trade of human organs. This study aims to analyze the legal basis, authority, and legal protection for urologist specialists in delivering kidney transplant services in Indonesia. The method employed is normative legal research with statutory and conceptual approaches. The findings indicate that kidney transplantation is permitted as long as it is conducted for humanitarian purposes, free from commercialization, and in accordance with positive law, such as the Health Law No. 17 of 2023 and Government Regulation No. 53 of 2021. Furthermore, urologist specialists must meet professional competency standards and operate within their authorized scope of practice. Legal protection is essential to ensure legal certainty in medical practice. From both Islamic and Catholic religious perspectives, kidney transplantation is allowed if performed voluntarily and ethically to help others.
The Role of Bawaslu Palangka Raya City in Overseeing the Abuse of Voting Rights in the 2024 Election Ananta, Helga Citta; Kristian; Januardy, Ivans
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.v5i5.1925

Abstract

General elections are a manifestation of popular sovereignty as stipulated in the 1945 Constitution of the Republic of Indonesia, which is carried out directly, publicly, freely, confidentially, honestly and fairly. An election process that takes place with integrity is essential to ensure the legitimacy of the outcome and to maintain public confidence in the democratic system. However, abuse of voting rights, such as voting more than once at one or more polling stations, is one form of serious violation that can undermine the integrity of elections. This study aims to explore the role of the Election Supervisory Agency (Bawaslu) of Palangka Raya City in maintaining the validity of ballots in the Presidential, Vice Presidential, and Legislative Elections, as well as examining the supervisory strategies implemented to deal with violations committed by certain individuals. By using a systematic monitoring approach, strict law enforcement, and socialization related to violations in elections, Bawaslu is expected to ensure the implementation of elections that are fair, democratic, and in accordance with applicable legal principles. This research provides an in-depth description of the efforts made by Bawaslu in strengthening the election supervision process to prevent fraudulent practices and ensure the sustainability of a healthy democracy.

Page 70 of 106 | Total Record : 1054

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