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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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The Politics of Religious Recognition: A Comparative Study of Modern Government Policies in Indonesia and Turkey Maulana, Muhamad Silva
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.v6i1.2435

Abstract

This study aims to analyze the politics of religious recognition through modern government policies in Indonesia and Turkey and compare the implications of the secularism model adopted on the position of religion in the public sphere. Religious recognition is a fundamental aspect of modern governance because it is directly related to the legitimacy of the state and socio-political stability. These two Muslim-majority countries allocate large proportions of the budget for religious administration despite adhering to the principle of secularism. This study uses a qualitative approach with a comparative study method through comparative policy analysis and comparative techniques between countries. Secondary data were collected through documentation studies and systematic literature analysis of policy documents, laws and regulations, and academic literature. The results of the study show that Indonesia implements the model of religious pluralism with restrictions through the formal recognition of six official religions to manage diversity within the framework of social harmony. Meanwhile, Turkey is undergoing a transformation from rigid secularism to controlled religious governance dominated by an interpretation of orthodox Islam under the leadership of the AKP. Both countries maintain state control over religious affairs through massive religious bureaucracies such as the MORA in Indonesia and the Diyanet in Turkey. This study confirms that the politics of religious recognition is not just an administrative matter, but a complex political strategy for managing plurality, legitimacy of power, and social stability in multicultural societies. Keyword: Politics of Religious Recognition, Religious Governance, Secularism, Religious Pluralism, Indonesia, Turkey
Changes in the Scheme from Production Sharing Contracts to Gross Split for Upstream Oil and Gas Investments in Indonesia Jody Rabbani Hidayat; Wuryandari, Utji Sri Wulan; Djaelani, Fahmi Ardhi
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.v6i1.2437

Abstract

This study analyzes the impact of the change in contract scheme from production sharing to Gross Split on investment in Indonesia's upstream oil and gas sector using a normative juridical approach. This policy transformation represents the government's response to the administrative complexity and uncertainty inherent in conventional production sharing contract schemes that have been in place for more than five decades. The research method uses content analysis of laws and regulations, policy documents, and related literature to evaluate the effectiveness of the Gross Split scheme implementation. The results show that the implementation of Gross Split has succeeded in creating a simpler, more transparent, and more predictable regulatory framework compared to the previous system. The elimination of complex cost recovery mechanisms has reduced regulatory uncertainty and accelerated investment decision-making. An evaluation of the investment climate indicates increased exploration activity, improved cash flow predictability, and enhanced access to financing for contractors. However, challenges remain in adaptation challenges, the complexity of split factors, and market acceptance that require continuous improvement. The study recommends the development of a systematic review mechanism, strengthening of regulatory infrastructure, and increasing scheme flexibility to optimize Indonesia's competitiveness in attracting global oil and gas investment. The Gross Split scheme has the potential to become a leading model for sustainable upstream oil and gas sector management.
The Consequences of the Mixed Marriage Law Reviewed from Law No. 16 of 2019 Lukmanulhakim, Zaidan; Guntara, Deni; Abbas, 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.v6i1.2441

Abstract

Marriages between Indonesian citizens and foreign nationals have become more prevalent in the context of globalization. This research examines the legal framework governing mixed marriages under Law Number 1 of 1974 on Marriage and its amendment through Law Number 16 of 2019, alongside its connection to Law Number 12 of 2006 on Citizenship. Employing a normative juridical approach, the study analyzes the requirements for entering into mixed marriages, the procedures for their official registration, and the resulting legal implications for the spouses and their children. The study finds that a notable amendment in Law Number 16 of 2019 is the unification of the minimum marriage age to 19 years for both men and women, which has implications for the validity of mixed marriages when the foreign spouse’s national regulations differ. Additionally, proper marriage registration, whether within Indonesia or abroad, is essential to secure legal recognition and protect the rights of all parties involved. Children from mixed marriages are entitled to limited dual citizenship under Law Number 12 of 2006, valid until they turn 18 or marry, at which point they must choose one nationality. The study underscores the significance of legal certainty through marriage registration and the alignment of national, religious, and international laws to safeguard the rights of couples and their offspring.
Sharia Cryptocurrency Regulations and Fatwas: A Maqasid Shariah Analysis Regulasi dan Fatwa Kripto Syariah: Analisis Maqasid Syariah Ramadhan, Ahmad Syauqi Azmi; Sukti, Surya
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.v6i1.2468

Abstract

Abstract: The growing use of cryptocurrency has triggered debates about its compatibility with Islamic law, especially in countries with a strong commitment to sharia economics. This study seeks to compare the legal regulations and religious fatwas on cryptocurrency in Indonesia and Malaysia, evaluated through the Maqasid Shariah framework. Using a normative-comparative legal approach, this research relies on statutory analysis, conceptual reviews, and cross-country comparisons. Key sources include DSN-MUI Fatwa No. 140/2021, Bappebti regulations, the Securities Commission Malaysia’s Guidelines on Digital Assets, and resolutions from the Shariah Advisory Council of Bank Negara Malaysia. Findings indicate that Malaysia shows stronger sharia governance through mandatory audits and public literacy initiatives, while Indonesia provides clearer legal certainty by codifying fatwas and regulations. These findings suggest that each country can learn from the other: Indonesia may strengthen governance, and Malaysia may enhance legal certainty. The contribution of this paper lies in its novelty of applying Maqasid Shariah to a comparative legal study of cryptocurrency, offering relevant implications for policymakers and sharia authorities.
Implementation of Good Faith Principles in Trademark Registration in Indonesia Carina Budi Siswani
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.v5i6.2547

Abstract

In the era of globalization and free trade, trademarks play a strategic role as the identity, reputation, and quality assurance of products and services. Therefore, the trademark registration system must provide fair and effective legal protection. The principle of good faith is one of the fundamental pillars of Indonesia’s trademark registration system, as stipulated in Article 21 paragraph (3) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This principle aims to prevent trademark registrations made in bad faith, such as copying or exploiting the reputation of existing trademarks. This study employs a normative legal research method with statutory, conceptual, and case approaches. The findings indicate that the application of the good faith principle is implemented through administrative and substantive examinations by the Directorate General of Intellectual Property (DJKI), third-party objection mechanisms, and judicial oversight. Cases such as Pierre Cardin, VANS, and Geprek Bensu illustrate the importance of this principle in upholding substantive justice and protecting legitimate trademark owners. However, its implementation faces several challenges, including difficulties in proving bad faith, limited institutional capacity, and low awareness among business actors. Therefore, strengthening technical regulations, enhancing institutional capacity, and utilizing information technology are strategic steps to optimize the implementation of the good faith principle in Indonesia’s trademark registration system.
Legal Accountability and Innovative Strategies in Enhancing Healthcare Workers’ Compliance with the Implementation of Informed Consent and Refusal in Midwifery Services in Medan City Tambunan, Edo Maranata; Harahap, Sridama Yanti; Khalishah, Khansa; Lubis, Atika Rahmadhani; Sitompul, Briyan Valentino
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.v6i1.2453

Abstract

The implementation of informed consent and refusal is a legal, ethical, and professional obligation in midwifery services, aimed at protecting patients’ rights and mitigating the risks of disputes and legal liabilities for healthcare providers. However, its implementation still faces serious challenges. The objective of this study is to assess the level of compliance among healthcare workers in implementing informed consent and refusal, and examine aspects of legal accountability and innovative strategies supporting midwifery services in Medan City. The research method used in this study employed normative juridical and empirical methods with a descriptive-analytical approach. Data were collected through purposive sampling using the Slovin formula and analyzed both quantitatively and qualitatively. Based on the survey results, the majority of respondents were categorized as compliant (66.7%), although one-third were non-compliant (33.3%). Institutional support through Standard Operating Procedures (SOPs) was relatively strong; however, legal training and the adoption of digital documentation remained limited, resulting in weak legal awareness and substantive compliance. These findings underscore the importance of strengthening legal capacity through the dissemination and enhancement of health law literacy. Furthermore, standardization of implementation and the acceleration of digital transformation are required to minimize legal risks and improve the quality of services.
Exploration of Local Wisdom in Land Dispute Resolution in Alor Regency Rade, Stefanus Don; Lay, Benediktus Peter
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.v6i1.2389

Abstract

Land disputes are a common problem in rural areas that still rely on customary land inheritance without formal ownership documents. This study examines the mechanism of land dispute resolution based on local wisdom in South Pura Village, Pulau Pura District, Alor Regency, focusing on Tengtokung (diving ritual) as a form of alternative dispute resolution recognized by the local community. Referring to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this research adopts an empirical juridical method with statutory and legal anthropology approaches, as well as case studies of two land disputes that occurred in 2017 and 2019. Primary data were obtained through interviews with traditional leaders, village officials, and disputing parties, while secondary data were collected from literature studies. The results show that Tengtokung is conducted through a series of customary ceremonies involving community leaders, religious figures, and the families of the disputing parties, with outcomes considered final and fair by both sides. The strengths of this mechanism include its speed, low cost, confidentiality, and focus on restoring social relationships. However, its weaknesses lie in the absence of formal legal recognition and its reliance on the good faith of the parties, which may lead to future disputes. This study recommends strengthening the synergy between customary mechanisms and the national legal system to ensure legal certainty while preserving the community’s social harmony.
Reconstruction of the Election Simultaneity Model through the Constitutional Court Decision Number 135/PUU-XXII/2024: Constitutional or Unconstitutional? Afandi, M; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
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.v6i1.2446

Abstract

The simultaneous election model that separated the implementation of national and local elections has created various problems, such as election worker fatigue, logistical burdens, and limited attention to local issues. Constitutional Court Decision No. 135/2024 subsequently corrected this model by establishing a new arrangement that separates the conduct of National Elections and Regional Elections. This study was a normative legal research employing qualitative juridical analysis aimed at examining the effectiveness of the previous simultaneous model, testing the constitutionality of the new model, and analyzing its implications for the term of office of Regional Heads and local parliament members (DPRD) elected in 2024. The findings show that the previous simultaneous model was ineffective, the new model has a strong constitutional basis, and the most rational solution to its transitional implications is to shorten the term of office of Regional Heads and DPRD members elected in 2024 and to hold Regional Elections in 2028. In this regard, it is recommended to amend the Election Law and the Regional Election Law and to regulate the transitional period in accordance with constitutional principles.
Study of the Cancellation of the Deed of Sale and Purchase Agreement By the Court of ConsequencesAct against the law (Case Study of Decision Number 55/Pdt.G/2022/Pn.Dpk) Arifin, Ajun; Samosir, Tetti
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.v6i1.2454

Abstract

The Sales and Purchase Agreement (PPJB) is a crucial legal instrument in property transactions in Indonesia, but its cancellation by the court creates significant legal complexity for legal certainty and investor protection. This study analyzes the court's legal considerations in canceling a PPJB deed due to unlawful acts through a case study of Decision Number 55/Pdt.G/2022/PN.DPK which was upheld at the cassation level, using normative juridical methods and a descriptive analytical approach to examine the consistency of the application of contract law and the effectiveness of legal protection for land title holders. The research findings show a fundamental inconsistency in the court's decision, which declared the plaintiff a good-faith buyer in the conventional case, but in the counter-conventional case, declared the plaintiff to have committed a breach of contract with disproportionate sanctions in the form of cancellation of the agreement and loss of payment of Rp. 2,320,000,000. This contradiction indicates a systemic weakness in distinguishing the concepts of default and unlawful acts, a disregard for the principle of proportionality of sanctions, and the ineffectiveness of available legal protection mechanisms because the land registration system can be canceled based on inconsistent considerations. This study concludes the need for reformulation of the judicial approach in handling PPJB disputes through the development of a consistent, proportional, and just legal framework to maintain public trust in the legal system and support a healthy and sustainable property investment climate.
Constitutional Mandate and International Solidarity: A Legal Study of Indonesia's Aid to Victims of the Gaza Conflict Siregar, Fritz Edward
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.v6i1.2447

Abstract

This study examines Indonesia's role in responding to the Gaza conflict, a complex international issue with historical, political, legal, and humanitarian dimensions. The Gaza conflict is one of the most complex international issues because it encompasses these same dimensions. For Indonesia, this issue is viewed not only as a matter of foreign policy, but also as the implementation of the constitutional mandate of the nation's founders, as stated in the Preamble to the 1945 Constitution. The first paragraph affirms rejection of all forms of colonialism, and the fourth emphasizes the nation's obligation to contribute to a world order based on independence, peace, and justice. Based on these principles, Indonesia supports Palestine through political diplomacy, humanitarian aid, and international legal advocacy. However, implementing these measures faces significant obstacles, including the Israeli military blockade, internal political fragmentation in Palestine, and the use of veto power in the UN Security Council by the five permanent member states. This study uses a juridical-normative legal approach to systematically evaluate Indonesia's actions based on international legal frameworks and norms. This allows us to understand Indonesia's consistency in providing assistance to Gaza as the implementation of the anti-colonial principle, as well as a moral contribution and constitutional mandate for world peace.

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