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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 Compensation Mechanisms as Business Actor Liability for Overclaim in Azarine Skincare Products Sinaga, Guna Gerhat; Surahmad
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.v5i5.1951

Abstract

The purpose of this paper is to analyze the compensation mechanism as a form of business actor's accountability for overclaim practices in skincare product promotions, focusing on a case study of the Azarine product. Overclaim is an action by business actors in providing excessive information or claims regarding the benefits of a product without adequate scientific evidence. This practice not only violates the principles of transparency and honesty in promotion but also has the potential to mislead and harm consumers. This study uses an empirical legal method with a statutory approach and a case approach. The results of the study show that overclaims carried out by business actors violate the provisions of Law Number 8 of 1999 concerning Consumer Protection and BPOM Regulation Number 3 of 2022 concerning Cosmetic Claims. Business actors who are proven to have committed overclaims are obliged to be responsible for providing compensation to consumers in the form of a refund, product exchange, or other compensation in accordance with the losses experienced. This shows the importance of business actors' responsibility to ensure that consumer rights are fulfilled
Collaborative Policing to Combat Cyber Crime in Banking Sector Modelling – a Systematic Literature Review Sabu, Wani; Wahyurudhanto, Albertus; Puspitasari; Pratama, Bambang
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.v5i5.1952

Abstract

This study addresses the increasing threats of cybercrime that endanger the stability of  banking industry, driven by the rapid growth of digital financial transactions. The objective of this research is to formulate a collaborative policing model to effectively prevent and respond to cybercrime within the banking sector. The research was conducted through a comprehensive literature study that explored various aspects of cybersecurity, inter-agency collaboration, technology management, and the roles of actors in cyberspace. The findings indicate that an effective collaborative policing strategy requires the integration of multiple components such as initial conditions, motivation, key actors, emerging technologies, vulnerabilities, international legal frameworks, cyber diplomacy, collaborative processes, and outcome governance. The collaboration process must be built on open dialogue, strong commitment, mutual trust, and shared consensus to create adaptive and sustainable cyber resilience. The conclusion of this study is that a collaborative policing model can serve as a strategic approach to enhance the effectiveness of cybercrime prevention and response efforts in Indonesia’s digital financial sector
Legal Protection for Workers Experiencing Delayed Wage Payments Without the Imposition of Penalties by Employers Abditama, Marcel; Farina, Thea; 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.v5i5.1954

Abstract

This study examines the legal protection afforded to workers who experience delayed wage payments without the imposition of penalties on employers, as regulated under Law No. 13 of 2003 on Manpower and Government Regulation No. 36 of 2021 on Wages. The delayed payment of wages constitutes a violation of workers’ rights and may give rise to industrial relations disputes if not addressed effectively. The prevailing legal framework obliges employers—whether through intent or negligence—who delay wage payments to pay a penalty amounting to 5% per day from the fourth to the eighth day of delay, followed by 1% for each subsequent day, up to a maximum of 50% of the wages due. However, many workers are either unaware of their legal entitlements or reluctant to report such violations due to pressure exerted by employers. Using an empirical juridical research method and a qualitative approach involving interviews and field observations, this study aims to: (1) explore the legal protection mechanisms available to affected workers, and (2) identify the obstacles to enforcing sanctions against employers who fail to pay the prescribed penalties for delayed wages
Legal Certainy in Resolving Trademark Disputes Involving Subtantial Similarities to Registered Trademarks of Other Parties Liansah, Irene; Sugiyono, 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.v5i5.1958

Abstract

The increasing number of trademark registrations in Indonesia reflects a growing awareness among business actors regarding the importance of legal protection for product or service identity. However, this trend also triggers legal disputes, particularly when a newly registered trademark bears substantial similarity to an existing registered trademark. This study aims to analyze the resolution of trademark disputes involving substantial similarities to registered trademarks of other parties, and to examine the legal certainty surrounding such dispute resolution through trademark cancellation lawsuits in the Commercial Court and arbitration proceedings. The research used a normative juridical method by examining written legal norms such as legislation, court decisions, and analyzing relevant concrete cases. The results indicate that resolution through cancellation lawsuits in the Commercial Court is transparent and offers legal protection through judicial processes. However, it faces challenges such as lengthy procedures and limited judicial understanding of intellectual property. In contrast, arbitration offers a faster and more efficient alternative, yet remains underutilized due to weak contractual awareness. In terms of legal certainty, court litigation provides binding legal force through decisions that may serve as jurisprudence, while arbitration ensures certainty through final and binding awards, although enforcement remains limited. In conclusion, optimizing both avenues requires robust regulatory support and legal education for business actors
Legal Review of Legality of Amil as Zakat Fitrah Management Outside the Authority of BAZNAS Perspective of Law No. 23 of 2011 Concerning Zakat Management (Case Study of Mosques in Sub-districts) North Binjai ) Cahyani, Dwi; Iqbal, Muhammad Nur
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.v5i5.1963

Abstract

This study examines the legality of amil zakat as managers of zakat fitrah who do not have authority from BAZNAS based on Law No. 23 of 2011 concerning Zakat Management, which requires that zakat management must be carried out by amil who has written permission from authorized officials such as BAZNAS or the Office of Religious Affairs (KUA). This study aims to determine the process of forming the Amil Zakat Committee at the Istiqomah Mosque, Ar-Rahman Mosque, and Al-Huda Mosque in North Binjai District and a legal review of the legality of the committee. The results of the study indicate that the formation of the committee in the three mosques was carried out through deliberation between mosque administrators, community leaders, and mosque youth, but the committee did not yet have a Decree (SK) from BAZNAS/KUA. The reasons for the delay in registering the SK were due to time constraints and communication difficulties with BAZNAS. Based on Government Regulation No. 14 of 2014 which is the implementation of Law No. 23 of 2011, zakat collectors must obtain written permission from BAZNAS or KUA to obtain legality in managing zakat, so that zakat collector committees that do not fulfill this provision, as happened in the three mosques, cannot be considered valid according to sharia
Analysis Implementation Contract Murabahah at the Ummahat Al- Kaffah Sharia Cooperative Binjai Perspective of Fatwa No. 04/DSN-MUI/IV/2000 Concerning Murabahah Riskyka, Riskyka; Iqbal, Muhammad Nur
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.v5i5.1964

Abstract

The purpose of this study is to evaluate the implementation of the murabahah contract at the Ummahat Al-Kaffah Binjai Sharia Cooperative and assess its compliance with the DSN-MUI Fatwa No.04/DSN-MUI/IV/2000 concerning murabahah. The study employs a qualitative method, which involves gathering descriptive data in the form of spoken or written words from people or observable behavior. Specifically, the research is empirical, aiming to observe and analyze how the law is applied in society. Data collection was conducted through interviews with informants to obtain direct information. The findings reveal that the cooperative allows its members to purchase goods for murabahah financing, including motorcycles, laptops, mobile phones, and business capital. Overall, the implementation of the murabahah contract at the Ummahat Al-Kaffah Binjai Sharia Cooperative largely adheres to the DSN-MUI Fatwa, although there are discrepancies in the fatwa's provisions. Notably, the fatwa's point 4, which stipulates that the cooperative should purchase goods in its own name, is not followed as members buy the goods in their own name, which deviates from the fatwa's guidelines
The Role of Mandatory Tender Offers in Protecting Minority Shareholders in Public Companies Feivel, Maximilian; Abubakar, Lastuti
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.v5i5.1965

Abstract

The presence of minority shareholders in the ownership structure of listed companies often places them in a vulnerable position, especially in the event of a corporate takeover. To address this risk, Indonesian capital market law introduces the mandatory tender offer provision as stipulated in POJK No. 9/POJK.04/2018, which requires the new controlling party to purchase shares owned by other shareholders at a fair price. This research aims to legally evaluate the effectiveness of the mandatory tender offer as an instrument of legal protection for minority shareholders. The approach used is normative juridical with library research, examining primary legal materials such as relevant laws and regulations, as well as secondary legal materials in the form of books, scientific journals, and relevant articles. Based on the results of this study, it was found that the mandatory tender offer serves a protective purpose; however, the existing provisions still face challenges in terms of implementation, price transparency, and access to information for minority shareholders. Recommendations include strengthening supervisory mechanisms, updating regulations, and integrating the principles of fairness and accountability into public company governance
Legal Implications of Determining A Missing Person in Relation to His Rights and Obligations As A Subject of Civil Law Imaniyar, Nadhira; Ramadhani, Dwi Aryanti
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.v5i5.1969

Abstract

This study of legal implications of determining a missing person in relation to his rights and obligations as a subject of civil law explores the legal consequences of declaring a person missing (afwezigheid) on their civil rights and obligations in Indonesia. The status of missing persons creates legal uncertainty for families and related parties, especially in guardianship, divorce, and asset management matters. Using a normative juridical approach with statutory and case analysis, the research examines relevant laws including the Civil Code, Population Administration Law, Islamic Law Compilation, and court rulings. The results reveal a dual regulatory system between general courts and religious courts, leading to differences in procedures and legal effects. The declaration of missing status significantly affects three civil law areas: first, it allows appointment of guardians for children left behind; second, it serves as grounds for divorce after a specific period; and third, it permits appointing administrators to manage and protect the missing person’s property. The study concludes that harmonizing regulations on missing persons’ status is essential to provide legal certainty and comprehensive protection for all parties involved. Such harmonization would resolve procedural inconsistencies and jurisdictional overlaps, ensuring clearer legal frameworks and better safeguarding of rights and obligations in cases involving missing persons
The Role of Kedamangan in Imposing the Customary Sanction Singer Sule Kasalan Luang in Cases of Dissemination of False Information in Kedamangan Jekan Raya, Palangkaraya City Valentia, Ennisa; Farina, Thea; 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.v5i5.1975

Abstract

This study explores the role of the Kedamangan institution in adjudicating cases involving the dissemination of false information within the indigenous Dayak Ngaju community in Jekan Raya, Palangka Raya City. Anchored in Article 18B(2) of the 1945 Constitution of Indonesia and regional customary laws such as the Tumbang Anoi Agreement of 1894 and Central Kalimantan Regional Regulation No. 1 of 2010, the research examines how the traditional leader (Damang) exercises judicial authority in imposing the Singer Sule Kasalan Luang sanction—a customary fine imposed on individuals who spread defamatory or harmful false news. Utilizing an empirical juridical method, the study combines normative legal analysis with qualitative field data, including interviews with former Damang Kardinal Tarung. Findings demonstrate that the Damang holds recognized authority to resolve disputes and impose sanctions through culturally embedded mechanisms aimed at restoring communal harmony and deterring future offenses. The research also establishes that decisions rendered by the Damang, when accepted by both parties, possess final and binding legal force (BHT) under customary law and may be enforced without recourse to the state judiciary. However, dissatisfied parties retain access to formal legal institutions, reflecting a pluralistic legal framework that accommodates both customary and positive law. This study underscores the relevance of indigenous legal practices in addressing contemporary issues such as misinformation, and highlights the need for further research into the comparative effectiveness and legal recognition of customary justice across diverse regions.
Equity in Access to Public Housing: A Comparative Study of Housing Policies in Jakarta and Singapore from an International Law Perspective Farisa, Pawit Fadila Rika; Sadiawati, Diani
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.v5i5.1979

Abstract

The rapid urbanization in Southeast Asia has posed significant challenges in providing adequate and affordable housing, particularly for vulnerable urban groups. This article analyzes a comparative study of public housing policies in Jakarta and Singapore from the perspective of international law on the right to adequate and inclusive housing. Using a normative comparative method with a qualitative-descriptive approach, this study examines the effectiveness of each country’s housing policy based on Article 25 of the Universal Declaration of Human Rights (UDHR), Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and General Comment No. 4 of the Committee on Economic, Social and Cultural Rights (CESCR). The findings reveal that Singapore, through its Housing and Development Board (HDB), successfully implements an inclusive public housing system with comprehensive subsidies and without discrimination based on marital status or employment type. Conversely, public housing policies in Jakarta remain exclusive due to strict administrative requirements that limit access for single individuals and informal workers. This article recommends reforming Jakarta’s public housing policies by relaxing discriminatory requirements and establishing a national public housing authority to ensure fair, inclusive, and internationally compliant housing access for all citizens.

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