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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 Reconstruction of the Distribution of Common Property through a Study of Sociological Jurisprudence Mamonto, Andi Annisa Nurlia; Putri, Viorizza Suciani; Salsabila, Nazwa Milka
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.v5i5.1988

Abstract

This study examines the division of joint property post-divorce using the sociological jurisprudence framework established by Roscoe Pound, emphasizing critiques of the normative stipulations in Article 97 of the Compilation of Islamic Law, which mandates an arithmetic division into semi-halves. The primary issue analyzed is the degree to which sociological methodologies may discern positive legal deficiencies in achieving substantive justice when the contributions of husband and wife are socially and economically inequitable. The used technique is normative juridical, using a theoretical approach that involves the examination of statutes, regulations, legal theory, and judicial practice. The study's findings indicate that inflexible positive legislation may overlook domestic and non-financial contributions, particularly from the wife. In some verdicts, judges use contra legem as a manifestation of judicial daring to maintain substantive justice grounded in genuine contributions. The sociological jurisprudence method facilitates a contextual and adaptive reconstruction of family law in response to societal processes. The allocation of communal assets should be grounded not only in the idea of formal equality but also in the acknowledgment of genuine contributions that often remain obscured by domestic labor and power dynamics inside the home
Legal Guarantees and Protection of Women's Labor Rights in the Industrial Sector: Study of IWIP Limited Company, Central Halmahera District Madilis, Hasan; Hadi, Irfan; Ida, 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.v5i5.1997

Abstract

This research is entitled Legal Guarantees and Protection of Women's Labor Rights in the Industrial Sector: Study of IWIP Limited Company, Central Halmahera District. This paper analyzes IWIP Limited Company, Central Halmahera District, Indonesia and aims to analyze IWIP Company’s implementation of Law Number 13 of 2003 on Labor which is the legal basis for industrial relations as well as the rights and obligations of workers, including maternity rights for female workers. This paper employed the empirical research method and was descriptive research. Results showed that in the effort to implement legal guarantees and protection of the rights of female workers according to Law Number. 13 of 2003 concerning employment, at PT. IWIP has been running well, only in several aspects regarding the Maternity Rights of female workers. in anticipating the occurrence of violence and sexual harassment in the work environment, the Guidelines for the Prevention and Handling of Sexual Violence in the Workplace will only be socialized by the Industrial Relations of PT. IWIP to determine which methods will be applied, as well as which parties are substantially related to female workers to occupy structural positions for service, supervision and action. This includes the scope of prevention and prosecution of human trafficking.
Unilateral Withdrawal of the Fiduciary Security Object Without Any Default by the Debtor (Case Study of Decision No.36/Pdt.G.S/2023/PN Pdg) Maharani, Marsya Arviela; Sulastri, Sulastri
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.v5i5.2002

Abstract

The development of Indonesia's financing sector has led to legal issues concerning fiduciary security, particularly the unilateral withdrawal of fiduciary collateral by creditors without any default by the debtor, as seen in Decision Number 36/Pdt.G.S/2023/PN Pdg. This research aims to analyze the legal protection for debtors and the liability of creditors when withdrawing fiduciary objects unilaterally in the absence of debtor default. The study employs a normative-juridical method with legislative and case-based approaches. Data was collected through literature review and analyzed qualitatively. The findings indicate that legal protection for debtors remains suboptimal due to the imbalance of power between creditors and debtors under Article 15(2) and (3) of Law No. 42/1999 on Fiduciary Security before the Constitutional Court’s ruling. However, Constitutional Court Decision No. 18/PUU-XVII/2019 strengthened the debtor's position by affirming that default and fiduciary execution must follow judicial procedures. Meanwhile, a creditor’s unilateral withdrawal of fiduciary collateral constitutes an unlawful act under Article 1365 of the Indonesian Civil Code, obliging the creditor to return the fiduciary object and compensate the debtor for material and immaterial losses. In conclusion, a legal balance between creditors and debtors is necessary to ensure fairness and legal certainty in the execution of fiduciary security
Protection of Consumer Rights in Tourist Bus Accident Cases Through the Restorative Justice Approach Febriani, Risma Dwi; Hutabarat, Sylvana Murni Deborah
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.v5i5.2032

Abstract

The Trans Putera Fajar tourist bus accident in Subang resulted in losses with fatalities, serious injuries, minor injuries, and damage to the vehicle. The study aims to learn about the protection of consumer rights applied in tourist bus accident cases based on the principle of the restorative justice approach. The case study used normative legal research methods and approaches, namely legal analysis. The results of the study provide an explanation regarding consumer protection in tourist bus accident cases that can be applied through a restorative justice approach agreed upon by all victims by providing compensation as a form of the perpetrator's responsibility to restore the situation and supported by the decision of the Subang District Court which still provides sanctions for the perpetrators by applicable regulations. The conclusion is that the suitability between the principle of restorative justice and consumer protection can be applied peacefully between the parties without eliminating the demands for punishment for the perpetrators
Legal Implications Access and Benefit-Sharing of Genetic Resources to Supporting the SDGs Susanti, Susi; Hieronymus Soerjatisnanta; Ria Wierma Putri
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.v5i5.1879

Abstract

The protection of genetic resources is fundamental for achieving the Sustainable Development Goals (SDGs), especially in supporting food security, conserving biodiversity, and fostering global partnerships. As Indonesia possesses vast biodiversity, including high-value genetic resources, their preservation has become increasingly important. The Access and Benefit-Sharing (ABS) mechanism, regulated under the Nagoya Protocol, provides a legal framework that balances access to genetic resources with fair and equitable benefit-sharing. ABS directly supports SDG 2 (Zero Hunger) by enhancing food resilience, SDG 15 (Life on Land) by preserving ecosystems, and SDG 17 (Partnerships for the Goals) by fostering international cooperation. However, the implementation of ABS in Indonesia faces significant challenges, such as fragmented national policies, complex inter-ministerial coordination, and the lack of a unified regulatory system. These challenges necessitate strategic recommendations to strengthen ABS, including improving national policies, enhancing coordination, and promoting international partnerships. Strengthening ABS frameworks can better safeguard genetic resources from exploitation, ensure fair benefit distribution to local communities, and promote sustainable innovation and environmental practices. This study analyses the relationship between genetic resource protection, food security, and the critical role of ABS in achieving SDGs. It concludes that addressing legal, institutional, and policy gaps in ABS implementation is essential for harnessing the full potential of genetic resources in supporting the 2030 SDGs. Recommendations include developing comprehensive national legislation, fostering collaboration, and strengthening enforcement to ensure long-term sustainability and global equity in genetic resource management.
The Task of Legal Protection for Indonesian Citizens from Online Gambling Exploitation in the Perspective of Law Enforcement in the Digital Era Abdullah, Merwan; Lismiati, Iseu; Sapsudin, Asep
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.v5i5.1947

Abstract

The legal protection of Indonesian citizens from online gambling exploitation is a very relevant issue along with the rapid development of digital technology that provides easy access to various forms of illegal gambling. Online gambling not only has a negative impact on an individual's economy, but can also trigger wider social and psychological problems, such as dependency and significant financial losses. This research was conducted in response to the need to evaluate the extent of prevention, enforcement and protection from online gambling exploitation in a legal perspective in the digital era in Indonesia along with its obstacles and challenges. This research is carried out with a descriptive-analytical approach, which describes the data obtained from observations, interviews, documents, and field notes, then analyzed in the form of scientific work to explain the issues raised in the predetermined juduI, namely legal protection, using a qualitative approach.The results of this study provide a clear picture of how the state's efforts to protect the public and the challenges faced in law enforcement against online gambling in Indonesia, and formulate policy recommendations that can optimize legal protection for Indonesian citizens. These recommendations include improvements in regulation, increased capacity of law enforcement in cyberspace, and prevention strategies that are more adaptive to the development of information and communication technology. The government must carry out integrated law enforcement by increasing mastery of sophisticated technology and conducting international cooperation to be able to catch online gambling actors abroad.
Legal Norms and Child Welfare: A Review of Child Health Policy in the Era of Globalization Setiawan, Leonathan; Yea, Maria Oce; Prayuti, Yuyut
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.v5i5.1948

Abstract

In the era of globalization, child welfare has become a major focus of national and international policies. Legal norms play an important role in ensuring children's basic rights, especially in the health sector. This article analyzes the role of legal norms in child health policy and its impact. The method used by the researcher is a descriptive-analytical literature review, which explores various regulations and policies in various countries. Increasingly complex child health challenges due to social and economic changes demand more responsive and human rights-based policies. Child protection in law is described in Welfare Theory, Human Rights Theory and Legal Protection Theory. The successful implementation of the law is described in the Law Enforcement Effectiveness Theory. In Indonesia, the gap between regulation and implementation of child health policies, accessibility of health services, community education, and social economic support are crucial aspects. There is a need for synergy from government, organizations and communities to create a more inclusive and sustainable child health policy.
Services from the Healthcare and Social Security Agency (BPJS) at Bankrupt Hospitals Suhendra, Yandi; Libet Astoyo, Libet Astoyo; Arman Lany, Arman Lany
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.v5i5.1949

Abstract

In Indonesia, there has been an increase in the number of hospitals declared bankrupt, which has a significant impact on the implementation of the National Health Insurance (JKN) managed by the Health Social Security Administration. Hospitals as BPJS strategic partners face challenges in fulfilling health service obligations due to financial pressures and Bankruptcy Legal status, which can threaten the rights of participants to obtain decent health services. This situation reflects the urgent need for legal mechanisms that protect the rights of participants and ensure the sustainability of health services in the midst of economic and legal dynamics. This study aims to examine the obligations of health services to BPJS Kesehatan participants in hospitals that are experiencing bankruptcy, and analyze the legal basis that governs it. This issue is important considering that there is a potential conflict of interest between the hospital bankruptcy process and the obligation of sustainable health services to BPJS Kesehatan participants. This study uses normative juridical method by reviewing relevant regulations, such as Law No. 24 of 2011 on BPJS, Law No. 40 of 2004 on National Social Security System, and Law No. 37 of 2004 on bankruptcy and PKPU and conceptual approach to analyze the legal obligations of hospitals in bankruptcy conditions in providing health services and protecting the rights of BPJS Health participants. The results showed that the obligation to provide health services to BPJS Health participants remained based on the principle of protection of the right to health as mandated in the legislation. This study recommends the need for special legal protection mechanisms and coordination between the bankruptcy curator, BPJS Kesehatan, and the government to ensure the continuity of health services in hospitals experiencing bankruptcy
The Strategic Role of the National Cyber and Crypto Agency (BSSN) in Maintaining State Sovereignty in Cyberspace Aji, Muhammad Prakoso; Somantri, Gumilar Rusliwa; Rofii, Muhammad Syaroni
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.v5i5.1973

Abstract

The development of technology places data in cyberspace as a very valuable commodity. In the political aspect, seeing data sovereignty is a fundamental foundation in realizing state sovereignty in cyberspace. A country's data sovereignty is faced with the position of the state with the private sector in a global context. Cybersecurity systems and data sovereignty are inseparable in achieving state sovereignty in cyberspace. The main role of the state is to realize protection and maintain data security in national cyberspace. In 2017, the Government established the National Cyber and Crypto Agency (BSSN) which is a transformation of the National Crypto Agency which was combined with several other government agency work units related to cybersecurity. The presence of BSSN provides a very strategic key role in maintaining state sovereignty in cyberspace. This is in line with global challenges where cyber attacks and data leaks are increasingly rampant in Indonesia. For this reason, this study will explain the strategic role of BSSN in maintaining data sovereignty in order to realize state sovereignty in cyberspace. The author uses state theory and the concept of data sovereignty in analyzing this. The author uses qualitative methods to collect data through various literature studies, such as: books, journal articles, and other reference sources. The results of the study show that BSSN is a representation of the state's presence in maintaining the sovereignty of national cyberspace. This can be seen from the increase in Indonesia's cybersecurity index on a global scale which reflects an increase in national cybersecurity capabilities
Juridical Review of Land Tenure Dispute Between PTPN.VIII GoalPara Plantation and the Community of Margaluyu Village Sukaraja Sukabumi District Fasya, Agus Imanudin; Fikri, Ahmad Ma'mun
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.v5i5.1974

Abstract

A conflict involving two or more parties claiming ownership rights to a property is known as a land ownership dispute. Land ownership conflicts, both vertical and horizontal, especially involving Dutch plantation properties, remain unresolved. The purpose of this study is to find out the process of land ownership by the community over the Business Use Rights (HGU) owned by the Goalpara Farm of PT Perkebunan Nusantara VIII, as well as the reasons behind land ownership and efforts to resolve conflicts that may arise. This research was conducted at Taman Goalpara PT Perkebunan Nusantara VIII in Sukaraja, Sukabumi Regency. The normative juridical approach is the methodology used, in which experience produces truth and offers a framework of proof to guarantee the validity of facts. The information used in this study includes, The method used is the Quantitative method, which is to collect data in an organized manner in accordance with the research conducted. Seen from the perspective of the Court Decision. PT. Perkebunan Nusantara VIII has filed a lawsuit with the Jakarta State Administrative Court. Judging from the National Land Law

Page 73 of 106 | Total Record : 1054

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