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INDONESIA
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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The Role of Counseling Guidance in Optimizing the Effectiveness of Sport Education for Character Formation of Students Silviah, Reni
Journal of Law, Politic and Humanities Vol. 2 No. 2 (2022): (JLPH) Journal of Law, Politic and Humanities (February 2022)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v2i2.2244

Abstract

The literature review on the role of counseling guidance in optimizing the effectiveness of sports education for the character development of students is a scientific article aimed at analyzing whether character formation is influenced by counseling guidance and sports education. The method used is a qualitative approach with descriptive study type (literature review) to explore and analyze the relationship between counseling guidance, sports education, and character development. The results of this article are: 1) Counseling guidance plays a role in character formation, 2) Sports education plays a role in character formation. In addition to these two exogenous variables that influence the endogenous variable of character formation, there are many other factors including the quality of education, discipline, physical activity, and leadership.
Protection of the Rights of Elderly Prisoners at Class II A Sidoarjo Correctional Institution Zahroh, Milltuz; Dwi Miarsa, Fajar Rachmad; Yahya, Dhofirul
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.v5i5.1900

Abstract

Protection of elderly prisoners or what we often call the elderly is one of the issues that should receive special attention in criminal justice in Indonesia. From a legal perspective, these elderly prisoners are often in physical or psychological conditions that require fair treatment because it is influenced by their rights as Indonesian citizens. The legal and correctional system in Indonesia has regulated several provisions regarding elderly convicts. As regulated in Law No. 12 of 1995 concerning Corrections. One of them is the rights of prisoners in general, but cannot explicitly address the problems being faced by elderly prisoners. However, existing regulations must be able to provide guarantees for the basic rights that elderly prisoners must obtain. Such as, the right to receive health and medical care, the right to feel safe from discrimination and the right to their safety while serving their sentence. From a juridical perspective, attention to the protection of human rights (HAM) for elderly prisoners is very important. In accordance with the principle of protecting human rights contained in the constitution and many national instruments, it emphasizes the importance of humane treatment, including for elderly prisoners. However, in its implementation, elderly convicts often have difficulties when they are in correctional institutions
The Genealogy of the Land Mafia: A Historical Analysis in the National Land System Fitriah Alfiany, Temmy; Pramudita, Roni Renaldi; Mulyanti, Asti Sri; Suyaman, Prahasti
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.v5i5.1995

Abstract

The need for land in Indonesia cannot be separated from its people. This can be seen from how it benefits national development and is a source of livelihood that is integrated. However, the development of national development that is increasingly incessant makes the availability of land even thinner. Therefore, from this was born the land case, which today has transformed into a land mafia that has a motive to take over the land with various tactics and actions. The method used in this study uses normative juridical methods and primary data sources from the study of the community. The purpose of this study is to provide a historical analysis of the birth of the land mafia in the national land system. The findings show that the land mafia in Indonesia was born due to the loss of land owned by the people taken by the colonialists. In this context, the land mafia took advantage of the already unstable situation to take over the rights to land that should have been owned by the people, and arrived at the same polarization until now
The Legal Protection of Debtors as Victims of Personal Data Misuse in the Use of Shopee PayLater Service Leksi, Leksi; Sahay, Tahasak; Wulandari, Vicka Prama
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.v5i5.2008

Abstract

Shopee PayLater services offer convenience in transactions but also pose risks of personal data misuse, thereby underscoring the importance of legal protection under the Electronic Information and Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law) to maintain consumer trust. Shopee PayLater facilitates transactions through a "buy now, pay later" system; however, it also exposes debtors to potential misuse of personal data. This study examines the legal protection afforded to Shopee PayLater debtors against the misuse of personal data in Indonesia, focusing on the effectiveness of regulatory frameworks and the legal responsibility of Shopee PayLater as a data controller. A normative juridical approach is employed to analyze the Electronic Information and Transactions Law, the Consumer Protection Law, and the Personal Data Protection Law. The findings reveal that, although a solid legal foundation exists, the implementation of data protection remains suboptimal due to weaknesses in cybersecurity systems and unethical debt collection practices. These gaps hinder effective protection for debtors. The researcher recommends enhanced investment in data security, improvement of privacy policy transparency, and stricter government oversight to ensure regulatory compliance and stronger consumer protection
The Role of Advocates in Helping Defendants in Criminal Justices Processes Arifton, Arifton; Sambas, Nandang; Mahmud, Ade
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.v5i5.2035

Abstract

Every criminal, civil, and state administrative justice system, including Indonesia's, recognises the importance of legal aid.  Professionals with extensive knowledge of the law provide legal aid since the idea behind it is to ensure that everyone has the chance to exercise their rights.  Those who give legal assistance do so because they are committed to high ideals, such as helping people achieve economic and social equality and defending their fundamental human rights.    
Evaluation of the Policy to Accelerate Stunting Reduction in Purwakarta Regency Kurnia Irawati, Raden Roro Astrid; Elisa Susanti; Darto, Darto
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.v5i5.1998

Abstract

Stunting in Indonesia shows fluctuations in prevalence, with a significant downward trend only seen after 2018. Although the stunting rate in 2023 was recorded at 7.1%, disparities between regions are still a major concern. Purwakarta Regency, which has a strategic role in human resource development, faces a major challenge in reducing stunting rates. With a high dependency ratio, Purwakarta has the potential to experience a demographic disaster if stunting is not addressed immediately. This study uses a descriptive qualitative approach to describe the policy of accelerating stunting reduction in Purwakarta in 2000-2023. Data were collected through observation, interviews, and documentation with informants from various related agencies, including the Health Office and Bappelitbangda. The results show that although policies such as Purwakarta Regent Regulation No. 203 of 2021 and intervention programs have been implemented, policy effectiveness is still limited. The main problems faced are low community participation, data misalignment, and limited infrastructure and supervision. Policy evaluation based on indicators of effectiveness, efficiency, adequacy, and responsiveness shows the need for improvements in inter-sectoral coordination and increased human resource capacity to achieve better targets. These findings provide important insights for policies to accelerate stunting reduction in Purwakarta district, with a focus on cross-sector collaboration and resource optimization
Juridical Analysis of the Judge'S Decision in the Narcotics Courier Case (Study of Decision Number 28/Pid. Sus/2025/Pn Sng) Safitri Mudriyani, Ajeng; Dewi, Sartika; Abas, Muhamad
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.v5i5.2004

Abstract

Law enforcement against narcotics crimes in Indonesia is a complex and crucial issue, especially for perpetrators who act as drug couriers. This study aims to analyze the legal considerations used by judges in sentencing narcotics courier fraudsters, focusing on Decision Number 28/Pid.Sus/2025/PN Sng. Based on the results of a survey by the National Narcotics Agency (BNN), an average of 50 people die each year due to drugs. This means that around 18,000 people die per year from smoking. The approach used is normative juridical, by examining laws and regulations, legal literature, and court decisions. This study is descriptive qualitative in nature, aiming to provide an understanding of the application of Article 114 Paragraph (2) of Law No. 35 of 2009 concerning Narcotics in judicial practice. The results of the study show that in sentencing, judges consider various aspects, such as the role of fraudsters in the narcotics distribution network, the amount of evidence, and cooperative attitudes in selling narcotics. Although the legal provisions regulate severe sanctions against perpetrators of drug trafficking, there is still room for judges to proportionally assess the role of couriers in a crime. This analysis is expected to contribute to the development of criminal law, especially in creating a fair and effective justice system in members of drug crimes
Criminal Responsibility for Loan Collectors Who Commit Murder as a Forced Defense for Threats from Borrowers Wirayuda, Wirayuda; Hayati, Mulida; Sangalang, Rizki Setyobowo
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.v5i5.2030

Abstract

Criminal liability against loan collectors who commit murder as a form of forced defense due to threats from borrowers. This study is motivated by the importance of legal protection for individuals who commit acts of self-defense in urgent situations, especially in the context of debt relations. The method used is normative juridical with statutory, conceptual, and comparative approaches. The results of the study show that acts of self-defense and forced defense that exceed the limit (noodweer excess) can be legally justified if they meet the elements of instantaneous attack, against the law, and proportional and forced action. In the case of loan collectors who are actually threatened, as in the case of MZ and AR, self-defense can be a reason for criminal expungement if it is proven that there is no intention to kill and the action is carried out under psychological pressure. Fair law enforcement requires careful analysis of the evidence, the psychological condition of the perpetrator, and the chronology of events so that the rights of perpetrators and victims are protected in a balanced manner.
The Juridical Review of Oral Land Sale and Purchase Agreements in the Community According to Customary Law in Central Kalimantan Amini, Cahaya Rusellia; Yestati , Ariani; Januardy, AIvans
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.v5i5.2033

Abstract

This research examines the juridical review of the practice of oral land sale and purchase agreements in indigenous communities in Central Kalimantan. Indigenous people still maintain oral-based sale and purchase mechanisms that are considered valid according to local customary law, as long as they are witnessed by traditional leaders and fulfill elements of trust and mutual agreement. Although recognized by custom, this kind of agreement has the potential to cause agrarian conflicts because it does not have sufficient evidentiary power before national law. This research uses a normative juridical approach, by reviewing legislation and interviews with indigenous community leaders. The results show that customary law and national law have common ground in the recognition of land rights, but there needs to be synchronization so that indigenous peoples do not lose their rights due to the lack of written evidence. This research emphasizes the importance of legal protection of local practices through formal recognition and recording mechanisms in accordance with local customary values
Foreign Investment Penetration Loophole on the Negative Investment List (DNI) Related to Shares Pledge in PT GLOBAL JET EXPRESS P, Ign Hendrawan
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.v5i5.2038

Abstract

Law Number 25 of 2007 concerning Investment in Article 33 regulates the prohibition on borrowing names in share ownership for the establishment of a Limited Liability Company, in accordance with the provisions of statutory regulations. However, in the Republic of Indonesia Law Number 40 of 2007 concerning Limited Liability Companies in Article 60 paragraph (2) it states that shares can be pledged with a pledge or fiduciary guarantee as long as it is not specified otherwise in the articles of association. The article does not provide further qualifications of special requirements where share pledges can be made. This study examines the correlation between Article 60 of Law Number 40 of 2007 concerning Limited Liability Companies with Article 33 of Law Number 25 of 2007 concerning Investment, specifically focusing on PT Global Jet Express and J&T Global Express Limited concerning pledges and share ownership, specifically discussed whether Article 60 of Law Number 40 of 2007 concerning share pledges creates a loophole for foreign investment penetration in the Negative Investment List. This study further investigates whether the practice of PT Global Jet Express share pledges has weakened Article 33 paragraph of Law Number 25 of 2007 concerning Investment. This study aims to determine whether adjustments to Article 60 of Law Number 40 of 2007 are needed to support the function of the DNI in protecting the Indonesian economy and to provide more business opportunities for domestic investors

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