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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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Law Enforcement on By-Pass Water Theft at PDAM Palangka Raya David, Kristian; Farina, Thea; Sangalang, Rizki Setyobowo
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2425

Abstract

Water theft through by-pass on PDAM installations is one of the criminal acts that harm local companies and negatively impact the quality and quantity of clean water distribution. This research aims to analyze law enforcement against the crime of water theft in the PDAM of Palangka Raya City, identify the modus operandi used by the perpetrators, and examine the resulting impacts. The research employs empirical legal methods with a qualitative approach, where data is obtained through field observations, documentation, and interviews with relevant parties. The research findings indicate that the modus of theft is carried out by illegal connections on the distribution pipes before the water meter, so the usage is not recorded and the bill does not appear. This action violates Article 362 and Article 363 of the Indonesian Penal Code, Article 406 of the Penal Code, as well as Article 55 paragraph (1) in conjunction with Article 73 paragraph (1) of Law Number 17 of 2019 concerning Water Resources. Water theft results in financial losses for PDAM. decreased water pressure, service disruptions, and potential contamination. Strict law enforcement and increased legal awareness in the community are needed to prevent the recurrence of these criminal acts.
The Legal Validity of the General Meeting of Shareholders Convened Pursuant to a District Court Order Subsequently Annulled by the Supreme Court Young, James Tirtowijoyo; Dewanto, Wisnu Aryo
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.v5i6.2440

Abstract

This paper examines the legal paradox posed by the statutory finality of court orders authorizing the convening of General Meetings of Shareholders (GMS) under Article 80 (6) of Law No. 40 of 2007. Although the provision declares such orders is “final and has permanent legal force,” interpretive tension emerges where an order is issued ex parte in violation of the fundamental contradictory principle — notably audi et alteram partem — and subsequently annulled by the Supreme Court. Employing statutory, conceptual, and case-analysis approaches, the study analyzes the legal consequences of the landmark dispute concerning a GMS convened pursuant to District Court Order No. 1759/Pdt.P/2019/PN Sby, subsequently declared invalid ex post facto by Supreme Court Judgment No. 3241 K/PDT/2022. The inquiry contends that statutory finality is conditional rather than absolute, asserting that an order procured through procedurally defective proceedings is devoid of substantive legitimacy and may therefore be lawfully overturned. The Supreme Court’s annulment confirms that finality depends on observance of procedural guarantees and that annulment operates ex tunc, rendering resolutions adopted under the flawed Order void ab initio and stripping attendant notarial instruments of executorial force — with significant implications for corporate governance, registry practice, and the balance between legal certainty and due process.
Legal Protection For Creditors Who Hold Credit Rights Where The Sales Value Of The Collateral Is Smaller Than The Debt Of The Bankrupt Debtor Based On Law No. 37 Of 2004 Concerning Bankruptcy And Pkpu Simanjuntak, Baginta; Nababan, Roida; Habeahan, Besty
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2444

Abstract

The dynamic growth of business activities in Indonesia has increased debt–credit transactions, which can lead to disputes when debtors fail to meet obligations, particularly in bankruptcy. Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations provides a framework for asset settlement and protection for secured creditors (separatist creditors). However, issues arise when the collateral’s execution value is insufficient to cover the debtor’s total debt, leaving a shortfall unpaid. This study examines the legal protection for separatist creditors in such cases and remedies available when the curator fails to pay the remaining debt. Using a normative juridical method with statutory and conceptual approaches, the research is based on primary, secondary, and tertiary legal materials analyzed qualitatively. The findings show that the Bankruptcy Law does not clearly regulate the procedure for claiming such shortfalls, creating legal uncertainty and inconsistent commercial court practices. The study concludes that the law should be reformed to expressly allow the shortfall to be claimed as a concurrent debt and that the Supreme Court should issue guidelines to ensure consistent interpretation and strengthen legal protection for separatist creditors.
Digital Transformation in Action Examining the Reality of Smart City Implementation Journey Putri Devi Febryanti, Ayu; Sri Darma, Gede
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.2477

Abstract

Digital transformation in government governance is one of the main strategies for increasing the efficiency and quality of public services. The smart city concept is present as an innovative solution in facing various urban challenges by utilizing digital technology. This research aims to analyze the implementation of the Electronic Based Government System (SPBE) as a policy in supporting smart cities in Klungkung Regency and identify factors that hinder its implementation. The research method used is a qualitative approach using interview, observation and documentation techniques. The research results show that although SPBE has been implemented to support the integration of government services, there are still significant obstacles, especially in the aspects of infrastructure and human resource readiness. The geographical constraints of Klungkung Regency, which consists of land and islands, also pose a challenge in equalizing digital access. By improving infrastructure, strengthening human resource capacity, and optimizing policy coordination between the central and regional governments, it is hoped that the implementation of smart cities in Klungkung Regency can run more effectively and sustainably.
The Urgency of Harmonizing Consumer Protection Law in the Era of Digital Economy and Market Globalization Wulandari, Bernadetta Tjandra; Arif Awaludin; Indriasari, Evy
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2405

Abstract

The rapid growth of the digital economy and the globalization of markets has highlighted significant gaps in consumer protection laws. These gaps pose challenges in ensuring consumers’ rights and safety in an increasingly digital and interconnected marketplace. This study aims to analyze the urgency of harmonizing consumer protection laws, with a particular focus on issues such as data privacy, cross-border e-commerce, and technological advancements. Using a qualitative research methodology with a literature study approach, this research gathers data from academic journals, reports, and other reputable sources. The findings reveal that current consumer protection laws are inadequate in addressing the complexities of the digital age, with fragmentation in regulations across different jurisdictions leading to legal uncertainty and consumer vulnerability. The lack of international cooperation further exacerbates the issue, making it imperative for countries to work together to create standardized consumer protection frameworks. The study concludes that harmonizing consumer protection laws is crucial for fostering trust in digital markets, protecting consumers, and promoting a fair global digital economy. Further research is recommended to evaluate the practical implications of international cooperation and explore how emerging technologies, such as AI and blockchain, can be regulated to ensure ethical and consumer-friendly practices.
Judges' Considerations On Traffic Accident Cases In Relation To The Law On Road Traffic And Transportation (Decision Study Number: 35/Pid.Sus/2022/Pn.Pwk) Sampurna Banyuaji, Sampurna; Guntara, Deny; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2410

Abstract

This study analyzes law enforcement in traffic accident cases resulting in fatalities, focusing on Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The main objective is to examine how the law is applied and how judges make considerations in handing down verdicts. Using a normative legal research method, this study analyzes Judgment No. 35/Pid.Sus/2022/PN.Pwk. The results show that the defendant, who was negligent and caused the victim's death, was indeed charged under this article, which carries a maximum sentence of six years in prison. However, an interesting finding from this study is the gap between the maximum penalty and the sentence imposed. Although the defendant's actions were proven to violate the article and cause death, the judge imposed a sentence of 4 years in prison, which is lighter than the maximum penalty. This decision was based on legal and non-legal considerations, including mitigating and aggravating factors. It is concluded that this lighter sentence than the maximum penalty is considered contrary to the spirit of Article 310(4) of the LLAJ Law.
Law Enforcement By The Satpol PP Against Violations Of Regional Regulation Number 10 Of 2021 Concerning The Control, Supervision And Restrictions Of The Distribution Of Alcoholic Beverages Without A Permit In Karawang Regency Ramadani, Trisna; Guntara, Deny; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2411

Abstract

The distribution of alcoholic beverages without a permit in Karawang Regency has become a serious issue affecting public order and community health. To address this matter, the local government enacted Regional Regulation Number 10 of 2021 concerning the Control, Supervision, and Restriction of Unlicensed Alcoholic Beverages. This study aims to examine the regulation on the control, supervision, and restriction of unlicensed alcoholic beverages in Karawang Regency, as well as the law enforcement efforts by Civil Service Investigators (PPNS) of the Karawang Public Order Agency (Satpol PP), and the obstacles faced in implementing the regulation. This research uses a qualitative method with a descriptive approach. Data collection techniques include interviews and observations. The results of the study indicate that The regulation on the control, supervision, and restriction of unlicensed alcoholic beverages in Karawang Regency is governed by Regional Regulation Number 10 of 2021, which classifies alcoholic beverages into Group A, Group B, and Group C. It also stipulates administrative sanctions in Article 16, including written warnings, temporary business closures, business license revocations, and business closures. Criminal sanctions are regulated in Article 18, which states that violators may be fined up to IDR 50,000,000 (fifty million rupiahs) or face imprisonment for up to 3 (three) months. Law enforcement efforts by the Karawang Satpol PP against violations of Regional Regulation Number 10 of 2021 are carried out through field operations, confiscation of evidence, and the imposition of sanctions. In addition, PPNS officers prepare investigation reports and coordinate with the public prosecutor’s office for further legal proceedings. The challenges faced include the lack of authority to detain suspects by PPNS officers, lengthy investigation processes due to the need for coordination with the prosecutor’s office, and changes in administrative systems such as the implementation of the e-Berpadu application, which requires official letters for searches and seizures.
Legal Protection For Victims Of Online Auction Group As A Result Of The Difficulty Of Getting New Members, As Seen From A Civil Law Perspective Kusmiati, N. Ike; Raynaldo, Randy
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2422

Abstract

Arisan (a social gathering) is an activity where several people pool money or goods of equal value and then draw lots among the participants to determine who wins. Arisan is recognized as an agreement, although it is often based on mutual consent of the participants without formal written agreement. Arisan falls into the category of anonymous agreements. Therefore, when conducting an arisan, the requirements stipulated in Article 1320 of the Civil Code must be considered. The method used in this research is descriptive and analytical, addressing the research problem, specifically the legal protection of victims of online auction arisan due to the difficulty of attracting new members from a civil law perspective. The results indicate that the implementation of online auction arisan, which relies on recruiting new members, poses significant legal risks, particularly due to the weak basis of the agreement, which is often verbal and lacks written evidence. Protection for victims of online auction arisan (raising) can be provided, despite the lack of explicit regulations, through general principles of agreements, provisions of the Civil Code, the Electronic Information and Transactions Law (UU ITE), and OJK regulations. Legal actions that victims can take include non-litigation resolutions such as mediation and negotiation, as well as litigation through lawsuit mechanisms.
Implementation of the Law on the Validity of Electronic Cetificates as Ownership of Land Rights in Indonesia Hermawan, Agus; Pribadi, Devi Wahyu; Alfiana, Sheyla Alif; Ellena, Tania
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2427

Abstract

The Indonesian government, through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), has begun implementing an electronic certificate policy as part of the digital transformation of the national land system. The purpose of the study is to analyze, identify and recommend legal implementation to improve the protection of the rights of electronic certificate land owners. The research method uses a qualitative method with a normative legal research type with a statutory and conceptual approach. The results of the study show that electronic certificates have valid legal force based on the Regulation of the Minister of ATR/BPN Number 1 of 2021 and the Law on Information and Electronic Transactions. Although it has a strong legal basis, its implementation still faces challenges in the form of limited digital infrastructure, low public literacy, and concerns about data security. Therefore, it is necessary to strengthen the legal protection system and comprehensive socialization to the community. In conclusion, the legal validity of electronic certificates is not only determined by the normative framework, but is also supported by public trust, the integrity of the digital system, and legal protection that is equivalent to physical certificates. Research Strengthening technological infrastructure, digital literacy, and a reliable monitoring system are the keys to success.
The Principle of Justice In The Revocation of Child Adoption Determination By Adoptive Parents (Study of Supreme Court Decision No. 31/Pdt.G/2022/PN Njk) Fitria, Anugrah; Winanti, Atik
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2430

Abstract

This research examines the revocation of a child's adoption order by highlighting aspects of justice, both for the child and the adoptive parents. The focus of the discussion is directed at the Nganjuk State Court Decision No. 31/Pdt.G/2022/PN.NJK, in which the judge granted the revocation of adoption on the basis of the best interests of the child. However, the decision raises issues because it does not pay attention to the rights and contributions of adoptive parents who have provided care for many years. The type of research used is Normative Juridical with a case approach, legislation, and comparison. Data sources come from primary legal materials in the form of laws and decisions, and are strengthened by literature as secondary legal materials. Analysis is carried out qualitatively through the study of doctrine and legal norms. The results of this study indicate that the judge's consideration is more in favor of child protection, but creates an imbalance for adoptive parents. Therefore, clearer legal arrangements are needed regarding the mechanism for revocation of adoption, so as to provide legal certainty as well as a sense of justice for all parties.

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