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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 Children from Interfaith Marriages in Indonesia in the Perspective of Constitutional Court Decision No. 68/PUU-XII/2014 Setiawati, Ellyna; Noor, Syamhudian; D. Bangas, Karlinae
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2159

Abstract

Constitutional Court Decision No. 68/PUU-XII/2014 is an important milestone in the legal debate regarding the validity of interfaith marriages in Indonesia. Although the decision does not change the normative provisions in Article 2 paragraph (1) of Law No. 1/1974 on Marriage, the implications for the position of children from interfaith marriages are very real. Children born from such relationships often face administrative obstacles, uncertainty of legal status, and potential discrimination in obtaining their basic rights as citizens. This study aims to analyze the juridical implications of the Constitutional Court's decision on the legal protection of children from interfaith marriages, and to encourage the formulation of affirmative policies that guarantee the protection of children's rights as a whole. The research method used is normative juridical with the approach of legislation and analysis of court decisions. The results of the study show that derivative regulations and concrete steps are needed from the state to ensure recognition of the legal status of children, in line with the constitutional principles of child protection and respect for human rights.
Generative AI In The Context Of Intellectual Property Law: Urgency, Challenges, And Legal Protection Mantiqa, Yuka Latieful; Hayati, Mulida; Nugraha, Satriya
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2160

Abstract

The rapid development of generative Artificial Intelligence (AI) technologies such as OpenAI and Stable Diffusion has created a complex dilemma in copyright protection in Indonesia. Generative AI, which is capable of producing works of art, music, and writing by imitating human artistic styles through the use of training data from various sources without permission, poses a serious threat to the originality of works and the economic well-being of original artists. This study identifies significant legal gaps in Indonesia's legal system, where AI is not recognized as a legal entity under Article 1367 of the Civil Code, the Information and Transactions Law (ITE Law), the Patent Law, the Copyright Law, and Government Regulation No. 71 of 2019, making it difficult to hold AI accountable for copyright infringements it causes. Using a normative legal research method with a legislative and comparative approach, the study identified three main issues: the absence of specific AI regulations, the use of copyrighted data without permission, and productivity disparities that harm original creators. Comprehensive solutions include the creation of specific AI regulations, the implementation of blockchain technology, and the adoption of international best practices to create a sustainable creative ecosystem.
Comparison of Indonesian Airspace Security Regulations with the United States as Representatives of Legal Reform Rosari, Uli; Daulay, Zainul; Mulyati, Nani
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2184

Abstract

Airspace is a crucial aspect of state sovereignty that must be protected through legal means. However, Indonesia lacks specific and comprehensive regulations governing airspace violations by foreign aircraft, both civil and military. Existing laws, Law No. 1/2009, Government Regulation No. 4/2018, and SKEP/195/IX/2008 are limited to administrative procedures without clear mechanisms for enforcement, violation classification, or proportional sanctions. This research aims to analyze the weaknesses in current regulations and emphasize the urgency of forming new legal frameworks as part of national legal reform. Using a normative juridical method with a conceptual and comparative approach, particularly with the United States, this study draws on the theories of state sovereignty, legal politics, law enforcement, and psychological coercion. The findings reveal that Indonesia’s legal framework suffers from the absence of ADIZ regulation, lack of operational enforcement procedures, weak penalties, and limited coordination between civil and military authorities. Therefore, a new regulation that is assertive, integrative, and responsive is urgently needed to uphold airspace sovereignty and strengthen Indonesia's legal capacity in safeguarding national airspace.
Semiotic Analysis and Cultural Elements in the Communication Style of Prabowo Subianto and Anies Baswedan in the 2024 Presidential Debate, Third Session Rafi'i, Rafi'i; Hanifah, Ummy; Ningsih, Titiek Surya; Fairuz, Fara Dilla; Nurjanah, Anna
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2190

Abstract

This study aims to analyze the political communication styles of two Indonesian presidential candidates, Prabowo Subianto and Anies Baswedan, during the third presidential debate of the 2024 election. Using Roland Barthes' semiotic approach, and using a descriptive qualitative. This study explores the verbal and nonverbal signs presented in the context of Indonesian communication culture. The findings show that Anies Baswedan tends to use a low-context communication style, characterized by rational argumentation, academic diction, and emotional analogies. In contrast, Prabowo Subianto adopts a high-context communication style, rich in symbols, nonverbal expressions, and nationalist narratives rooted in collective culture. These political figures not only demonstrate personal communication strategies but also reflect the cultural heritage embedded in people's perceptions of leadership in Indonesia. Symbols such as "gemoy" associated with Prabowo and "Abah" with Anies illustrate their efforts to foster closeness to the public through representations of popular and traditional culture. Thus, this study confirms that political communication in debates cannot be separated from the cultural dimensions that shape the meaning and public perception of national leadership.
Criminal Liability in the Misuse of Donations by the Aksi Cepat Tanggap Foundation: A Juridical Analysis of Justifying and Excusing Grounds Nuraeni, Dewi Sintia; Juhana, Ujuh
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2213

Abstract

The case of misuse of donations by the Aksi Cepat Tanggap Foundation (ACT) in the management of funds from Boeing for the heirs of the victims of the Lion Air JT-610 accident has become an important issue in criminal law enforcement in Indonesia. This study aims to analyze the application of criminal sanctions against the misuse of social funds by foundation administrators who are charged with embezzlement in office as stipulated in Article 374 of the Criminal Code jo Article 55 of the Criminal Code. This research uses a normative juridical approach and an empirical juridical approach with a case study of the South Jakarta District Court's decision Number 865/Pid.B/2022. The results of the study show that the elements of embezzlement are legally and convincingly proven. The defendant was sentenced to 3 years in prison for being proven to have misused social funds for purposes that were not in accordance with the designation. The study also highlights the absence of a pardon or justification that can absolve the defendant from criminal liability. This decision is an important reflection for strengthening regulations, transparency of philanthropic institutions, and fair law enforcement in the management of social funds.
Legal Protection for Islamic Boarding School Workers: Case Study of Overtime Policy Implementation at Al-Ma’tuq Islamic Boarding School Based on Law No. 13 of 2003 Rinaldi, Andhika; Putri, R. Eriska Ginalita Dwi
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2214

Abstract

In the context of employment, legal protection is essential to ensure workers' rights are met, including equal treatment and opportunity without discrimination. Based on Law Number 13 of 2003 concerning Manpower, every worker is entitled to fair remuneration, especially for those who work beyond the stipulated working hours. The research method used is a qualitative approach with descriptive analysis, which involves interviews and direct observation at the Al-Ma'tuq Islamic Boarding School. The results of the study show that even though there is an overtime policy, its implementation is not fully in accordance with the applicable legal provisions. This study recommends the need for policy revisions and improved communication between management and workers to create a fairer and more transparent work environment.
The Effectiveness of Reality Therapy to Increase Self-Esteem in Former Female Migrant Workers Beneficiaries at the Margo Widodo Social Service Center in Semarang Runaweri, Heni Silva; Wibhowo, Christin
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2215

Abstract

The Female Migrant Workers (TKW) Group is a group that works to meet economic needs, as well as the influence of the surrounding environment. After quitting and not having a job, some of this group continue to live as PM in Social Institutions. Former TKW tend to look down on themselves, have a pessimistic outlook on life, are not enthusiastic, have difficulty socializing because they feel useless, feel guilty about themselves, and regret their current life so that this group experiences low self-esteem. One way that can help improve the self-esteem of the PM group is Reality Therapy. The purpose of this study was to determine the effectiveness of reality therapy using the WDEP (What, Doing, Evaluating, Planning) technique to increase self-esteem in PM Mantan TKW at the Margo Widodo Social Service Center in Semarang. This research method is a quasi-experiment, with a pattern matching data analysis technique. Participants in this study were 5 PM Mantan TKW. The self-esteem instrument used was Rosenberg Self Esteem in the form of a pre-test and post-test. Based on the results of the pre-test, 5 participants showed low self-esteem. After the application of Reality Therapy to the PM Mantan TKW group, there was an increase in self-esteem, this was supported by the results of the post-test which showed that 5 participants had normal category self-esteem. The following are the results of the pre-test and post-test for each participant, with a score classification from RSES 0-14 low, 15-25 normal, 26-30 high. Participant MH had an RSES score of 14 to 19, participant DA 12 to 16, KI score 11 to 16, BI score 11 to 15, and SN score 12 to 17. Based on the results found before and after the intervention, it can be concluded that WDEP technique reality therapy is effective in helping to improve self-esteem in PM Former Female Migrant Workers at the Margo Widodo Social Service Center in Semarang.
Reformulating the Definition of International Arbitral Awards in Indonesia: Responding to Constitutional Court Decision No. 100/2024 and a Comparative Analysis with the Regulation of International Arbitration in Other Countries Purba, Tesalonika Putri Pinuram Rambe; Amalia, Prita; Trisnamansyah, Purnama
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2220

Abstract

This article discusses the urgency of reformulating the Definition of International Arbitration Awards as a legal implication following the Constitutional Court Decision No. 100/PUU-XXII/2024 on the implementation of international arbitration awards in Indonesia. The removal of the phrase "deemed" from Article 1 number (9) of the AAPS Law marks a shift towards a more assertive territorial approach in determining the international status of an arbitration award. Although this step strengthens legal certainty, there are still serious challenges related to the unclear concept of "place of arbitration" in the AAPS Law and the absence of explicit parameters to define the elements of international arbitration. Through normative legal methods and comparative studies of arbitration practices in countries such as Singapore, Australia, England, Hong Kong, and France, this article suggests a more comprehensive reformulation of the definition of international arbitration. This reformulation needs to include clear legal boundaries, a distinction between national and international arbitration, and a more structured execution mechanism to support a modern and pro-investment arbitration system in Indonesia.
Legal Review of PT. Surya Foresta's Compliance In Registering Casual Workers With BPJS Employment Based On Law No. 24 of 2011 and PP No. 35 of 2021 Apriliani, Selvi; Alfiany, Temmy Fitriah
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2221

Abstract

His research began with the problem of non-compliance of the company (PT. Surya Foresta) in providing social security protection to workers, especially casual daily workers. Law No. 24 of 2011 stipulates that every worker, including casual daily workers, contract workers, or permanent employees, must be registered in the BPJS Employment program. Government Regulation No. 35 of 2021 regulates fixed-term work agreements, outsourcing, working hours and rest times. The method used in compiling this research is the legal approach method of examining regulations governing workers' rights to BPJS employment and the empirical approach of observing and analyzing practices in companies related to compliance with these regulations. The results of the study explain that non-compliance in providing social security can cause workers not to get the legal protection they should, cause discomfort, health and safety risks without protection, and economic uncertainty in old age for workers and their families.
Juridical Review of the Role of Expert Witnesses in Trials at the Palangka Raya District Court Exaudi Gultom, Reyson; Farina, Thea; Yuni Pramita, Claudia
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2248

Abstract

Expert witnesses play a crucial role in the trial process, particularly in explaining technical matters that may not be understood by judges, prosecutors, or lawyers. In the Palangka Raya District Court, the involvement of expert witnesses is frequently encountered in various types of cases. Therefore, it is important to examine the role of expert witnesses in helping judges achieve substantive justice. This study aims to analyze the role of digital forensic expert witnesses in the trial process at the Palangka Raya District Court, specifically regarding their contribution to the evidence of cases based on technical or scientific expertise to assist judges in understanding technical aspects related to cases involving information and electronic transactions that are being processed. This study uses a Normative Juridical method with a descriptive qualitative approach. The focus of the study is the analysis of the court decisions at the Palangka Raya District Court related to the role of digital forensic expert witnesses in the judicial process based on applicable laws and legal literature. Primary data was obtained from laws, court decisions, and secondary data from legal literature and expert opinions. The results of this study conclude that digital forensic expert witnesses play an important role as tools to understand the technical or scientific aspects of electronic devices, networks, and digital data analysis in the decision-making process for judges at the Palangka Raya District Court. To maintain integrity and competence, judges, prosecutors, and legal advisors are expected to be selective and objective when presenting expert witnesses, considering their competence and independence to achieve substantive justice

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