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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 Intelligence In Navigating Indonesia’s B40 Biodiesel Policy Simanjuntak, Bergius Gideon; Permatasari, Diah Ayu; Rika Wijiyanti; Erry S, Hediati; Budi Prasetyono
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.v6i1.2623

Abstract

Indonesia’s 40% biodiesel (B40) mandatory policy, which came into effect in early 2025, represents a strategic initiative to enhance energy security and reduce carbon emissions. However, behind its official objectives, the policy entails significant fiscal, environmental, and social risks that threaten its long-term sustainability. While most analyses have focused on its economic or environmental dimensions, the role of state intelligence in navigating these multidimensional risks remains an underexplored area. This article argues that the success and sustainability of the B40 policy depend not only on technical feasibility or political commitment, but also on the effective application of strategic intelligence functions to provide foresight, mitigate threats, and deliver objective assessments to policymakers, free from partisan and corporate influence. This study adopts a conceptual framework that integrates the intelligence cycle with energy security theory, this article analyses how early detection, early warning, and problem-solving functions can be applied to manage systemic risks such as subsidy traps, feedstock supply deficits, and social tensions. The analysis finds that intelligence plays a crucial role in transforming energy risk management from reactive to proactive. Accordingly, the formal integration of intelligence into the energy policy cycle is a prerequisite to ensure that strategic initiatives such as B40 contribute substantively to sustainable energy, rather than merely serving as economic buffers for entrenched industrial interests.
Legal Force Of The Preliminary Sales Agreement (PPJB) As Evidence For The Seller Againts The Buyer Who Is In Breach Of Contract (Case Study: Decision Of The Surabaya District Court No.862/Pdt.G/2021/Pn Sby. Trasaenda, Resfa Klarita; 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.v6i1.2626

Abstract

This study discusses the legal force of the Sale and Purchase Agreement (PPJB) as evidence for sellers against buyers who commit breach of contract, based on a study of Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. This study is based on the prevalence of breach of contract cases in land sale and purchase agreements, which cause legal uncertainty for the parties involved. The main issue in this study is the legal force of a Sale and Purchase Agreement as evidence in Indonesian civil disputes. The purpose of this study is to understand the legal force of a Sale and Purchase Agreement (PPJB) as evidence in civil disputes and to analyze the judge's considerations in Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. The research method used is normative juridical with a statute approach and case approach through literature study. The results show that the PPJB has legal force as authentic evidence and that its cancellation must be carried out through a court decision. The judge's considerations in this case are deemed inappropriate because they state that there is a defect of will, whereas both parties agreed on their own will.
The Legal Status of the Sanitary Hygiene Feasibility Certificate as a Consumer Protection Instrument in Cloud Kitchen Operations Sabrina, Amanda Feby; Surahmad
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.v6i1.2627

Abstract

This research examines the legal status of the Sanitation Hygiene Eligibility Certificate as an instrument of consumer protection in the operation of Cloud Kitchen businesses in Indonesia. The background of this study arises from the increasing trend of online food consumption that is not yet fully supported by adequate guarantees of hygiene and food safety. The purpose of this research is to analyze the dual function of the Sanitation Hygiene Eligibility Certificate as an administrative licensing requirement and as a preventive legal instrument that ensures consumers’ rights to safe and proper food. The research method used is normative juridical with a statutory approach, focusing on the analysis of laws, government regulations, and ministerial decrees related to food safety and consumer protection. The findings indicate that the absence of a Sanitation Hygiene Eligibility Certificate or the negligence of business actors in maintaining hygiene standards may result in civil liability based on unlawful acts under Article 1365 of the Indonesian Civil Code. The conclusion emphasizes the necessity of strengthening regulations and integrating digital licensing systems to ensure that the Sanitation Hygiene Eligibility Certificate functions effectively as a legal instrument for consumer protection in the digital economy era.
Protection Of Domestic Workers In A Comparison Of The Laws Of Indonesia And The Philippines Pranitiaz, Laras Medina; Citraresmi Widoretno Putri
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.v6i1.2633

Abstract

Domestic Workers (DWs) are a group that is vulnerable to rights violations and exploitation. ILO Convention No. 189 regulates protection standards for DWs, but its implementation is limited because not all countries have adopted these provisions. In Indonesia, the absence of clear regulations has led to a legal vacuum and weak protection of the rights of DWs. In contrast, the Philippines has specific regulations through the Kasambahay Law, which provides more comprehensive protection. The purpose of this study is to review the forms of legal protection for DWs in Indonesia and the Philippines and to examine the impact of the legal vacuum in Indonesia. The method used is normative juridical with a conceptual and comparative approach. The results of this study show that Indonesia still lags far behind the Philippines in providing protection for DWs. This condition reflects the need for concrete efforts by the Indonesian government to reform the existing system by adopting the best practices implemented in the Philippines to strengthen the national legal framework, reduce violations, and improve the welfare of DWs.
Critical Analysis of the Judge's Considerations in the Mesuji Religious Court Decision No. 7/Pdt.P/2023/PA.Msj Dinisa, Daffa Ul-Haq; Edi, Relit Nur; Putra, Muhammad Haidir Syah
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.v6i1.2643

Abstract

This research is a critical study of the process and decision of the Mesuji Religious Court regarding the application for the determination of guardianship rights for a minor child named Abid Fariyanto bin Abdul Gani. The application was filed by Kabul Wakidi bin Rasiman and Sumarni binti Sutariyo on March 21, 2023. The panel of judges granted the application, appointed both applicants as responsible guardians, and imposed court costs of Rp 520,000. The judge's considerations were based on the facts of the child’s parents’ divorce, the absence of the father whose whereabouts are unknown since 2013, and the death of the biological mother in January 2023. The certificate of unknown whereabouts issued by the Village Head does not have the same force as a court order regarding supernatural status. Revocation of guardianship rights is a serious decision that must be made by a court decision, considering various factors in the best interests of the child, such as neglect, abuse of authority, and other dangerous conditions.
Legal Liability of Fintech Operators for Personal Data Misuse in the Context of Unlawful Acts: Analysis of the Case of NS Versus AdaKami Cen, Jesslyn Janet; Yulio, Pietro Grassio Eko; Gunawan, Theresia Aurellia; Gunawan, Telly
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.v6i1.2654

Abstract

The rapid development of financial technology (fintech) in Indonesia creates opportunities for financial inclusion while simultaneously raising concerns regarding consumer data protection. One prominent case is the dispute between NS and AdaKami, which demonstrates alleged misuse of personal data by debt collectors in debt collection practices. This research aims to analyze the fulfillment of the elements of tort (perbuatan melawan hukum/PMH) as stipulated in Article 1365 of the Indonesian Civil Code and to assess the scope of legal liability borne by fintech providers as data controllers. The study employs a normative juridical method with statutory and conceptual approaches, supported by a case study analysis. The findings indicate that all elements of PMH are fulfilled, including the existence of unlawful acts contrary to the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and prevailing moral standards; the presence of fault in the form of intentional misconduct (dolus) by debt collectors and negligence (culpa in custodiendo) by AdaKami in supervising third parties; the occurrence of material and immaterial losses; and a causal relationship between the act and the harm suffered by the consumer. These findings affirm that fintech providers are not only contractually liable but also delictually liable through the application of strict liability in safeguarding personal data. Nevertheless, although the legal framework is already established through the Civil Code and the PDP Law, its implementation remains ineffective due to weak regulatory oversight and the heavy burden of proof imposed on consumers. Accordingly, this research underscores the necessity of strengthening consumer protection in fintech through strict liability enforcement, enhanced supervisory mechanisms, and the establishment of accessible and consumer-oriented dispute resolution systems
Indonesian Legal Efforts to Prevent Statelessness in Children Resulting from Unregistered Mixed Marriages Pramesti, Indira Yekti Widya; Fahrozi, Muhmmad Helmi
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.v6i1.2610

Abstract

Indonesia's legal efforts to prevent statelessness in children born to unregistered mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) are an important concern because the unclear status of the marriage causes children to lose the administrative basis for obtaining citizenship. The research method used is normative juridical with a legislative and case approach, one of which is the case of Efa Maulidiyah in Malaysia. The results of the study show that children of Indonesian mothers still have civil relations based on Article 43 paragraph (1) of Law Number 1 of 1974 and Constitutional Court Decision Number 46/PUU-VIII/2010, so they are entitled to Indonesian citizenship based on the principle of ius sanguinis in accordance with Article 4 letter (d) of Law Number 12 of 2006. To overcome administrative obstacles, the Indonesian government implemented Permenkumham Number 6 of 2025 as a mechanism for confirming the citizenship status of children born to mixed marriages and strengthening legal protection for Indonesian children abroad.
Legal Certainty of Private Land Ownership Against the Control of Land by the Indonesian National Armed Forces Gema Mutiara Insani; Muhammad Helmi Fahrozi
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.v6i1.2611

Abstract

The Indonesian Army’s control of the private land presents serious challenges to legal certainty in Indonesia and the protection of civilians’ rights. Disputes may arise from the Army’s physical control to the land because there is no a clear legal basis and it impacts citizens’ property rights and their economic access. This study adopts a normative juridical approach through the analysis of legal documents, laws and regulations in Indonesia, and other related academic legal literature. The inquiries shows that any control to the land without a clear legal procedure constitutes a legal uncertainty, disadvantages the land owners, and it contradicts to the rule of law and social justice. Moreover, The study also emphasizes the need for a dispute resolution mechanism through administrative and civil frameworks, alongside with the harmonization of its legal implementation, to ensure constitutional rights and mitigate future land-related conflicts between civilians and the military.
The Challenges of Direct Licensing Implementation in Indonesia’s Music Royalty System: Assessing Copyright Law from the Perspective of Creators Maulana, Rivo Denra; Dirkareshza, Rianda
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.v6i1.2625

Abstract

This study aims to analyze the challenges in implementing direct licensing within Indonesia’s music royalty management system and to assess its conformity with Law Number 28 of 2014 on Copyright and its implementing regulations. The main issue discussed is the absence of a clear legal framework governing direct licensing mechanisms, which leads to an imbalance between the economic rights of creators and the authority of the National Collective Management Organization (LMKN). This research employs a normative juridical approach with a qualitative descriptive analysis method, using literature studies of relevant legislation, legal doctrines, and actual cases such as the royalty disputes involving Agnez Mo and Ari Bias. The findings indicate that direct licensing has the potential to enhance legal certainty, transparency, and efficiency for creators, yet its implementation remains hindered by overlapping regulations and weak institutional infrastructure. Therefore, legal reform through the revision of the Copyright Law and its derivative regulations is necessary to explicitly recognize direct licensing as a legitimate mechanism in royalty management. Furthermore, strengthening the role of the Directorate General of Intellectual Property (DJKI) and transforming LMKN into an accountable facilitating body are essential steps toward establishing a fair and transparent royalty system that effectively protects the rights of music creators in Indonesia.
Protection of Customary Communities in Compensation for Losses on Common Land Objects for Public Interest (Study of Sorong District Court Decision Number: 120/Pdt.G/2018/PN.Son) Putri, Nasywa Awalia; 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.v6i1.2632

Abstract

Customary law communities have a strong connection to natural resources and customary land as their main source of livelihood. This study was conducted to determine the protection of customary law communities on customary land for the public interest, as well as the judge's considerations in Decision No. 120/Pdt.G/2018/PN.Son regarding compensation for customary land. The researcher applied a normative juridical method through a Statute Approach and a Case Approach in analyzing the topic or issue. The results of the study show that protection is provided in the form of preventive and repressive actions by the government. Preventive efforts are carried out by forming Law No. 12 of 2012 and its derivative regulations to prevent disputes and guarantee the rights of customary law communities in land acquisition. Repressive efforts are pursued through the settlement of disputes in court by filing lawsuits in accordance with the provisions of the law. In Decision No. 120/Pdt.G/2018/PN.Son, the judge can use three stages, namely constatation, qualification, and constitution, to reach a good decision based on the principle of justice. Compensation in this decision was awarded as recognition and respect for the Marga Momo Indigenous Community. This writing is expected to demonstrate the importance of balancing development for the public interest and the protection of the rights of indigenous peoples with laws that favor justice.

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