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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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Mapping Collaborative Governance In Indonesia Climate Village Program: A Bibliometric Analysis (2022-2025) Pamungkas, Wahyu Adi; Yuwanto
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.v6i1.2635

Abstract

Although collaborative governance has been increasingly embraced as a fundamental approach for addressing complex environmental challenges, its application within nationwide climate adaptation programs has not been widely investigated. This paper focuses on how collaborative governance is portrayed and developed in studies concerning Indonesia’s Climate Village Program (ProKlim) during the 2022–2025 period. Bibliographic information was gathered using Publish or Perish (PoP) from Google Scholar, and analyzed through VOSviewer 1.6.20 to uncover publication patterns, topic clusters, and conceptual relationships. Out of 988 records identified, 402 were selected based on inclusion criteria for detailed analysis. The thematic visualization revealed three major themes: (1) local-level climate adaptation, (2) collaboration among stakeholders and governance, and (3) institutional and policy-related frameworks. Together, these clusters indicated that collaborative governance operates as a conceptual bridge, linking grassroots adaptation actions to national-level climate strategies. However, limited references to concepts such as multi-level governance, institutional capacity, and evaluation highlighted that theoretical integration and performance-based evaluation remain underdeveloped. The results aligned with the frameworks of Ansell and Gash (2008) and Emerson et al. (2012), while underlining the significance of inclusive involvement, supportive leadership, and flexible institutional structures. Up to now, research on ProKlim in Indonesia has mostly been descriptive and focused on individual case studies. Therefore, future research is encouraged to adopt more comparative and quantitative approaches to better assess how collaborative governance influences tangible improvements in local climate resilience. This bibliometric review contributes to both theory and practice by outlining the intellectual landscape of ProKlim-related studies and offering insights into how a more structured, evidence-driven, and participatory model of climate governance can be promoted.
Analysis of the Elements of Unlawful Acts in Decision Number 34/Pdt.G/2018/PN Bli and the Position of L&B Tax as Evidence Maharani, Aurelia Gisa; Pongsirinding, Fisa Ande; Putri, Rafirstka Madyah
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.v6i1.2636

Abstract

In Indonesia, the concept functions to protect the rights of individuals and groups who are harmed by the actions of others. Based on Article 1365 of the Indonesian Civil Code, any unlawful act that causes harm to another party gives rise to the obligation of the perpetrator to compensate for the damage caused. This study examines the application of tort elements in Decision Number 34/Pdt.G/2018/PN Bli, which involved an inheritance land dispute between the plaintiffs and the defendants, with the Head of the Bangli Land Office also joined as a co-defendant. The plaintiffs argued that the disputed land constituted a legitimate inheritance, but they were only able to support their claim through the Land and Building Tax Assessment Notice. Conversely, the defendants succeeded in proving ownership by presenting a Land Ownership Certificate that was procedurally issued by the National Land Agency. In its ruling, the panel of judges rejected the plaintiffs’ main claim and granted the defendants’ counterclaim, declaring that the plaintiffs had committed an unlawful act by occupying the land without a valid legal basis. This judgment emphasizes that the Land and Building Tax Assessment Notice does not have legal force as proof of land ownership, serving merely as an administrative taxation document, whereas the Land Ownership Certificate constitutes valid and strong evidence of ownership in accordance with Article 32 paragraph 1 of Government Regulation No. 24 of 1997 concerning Land Registration. This study highlights the importance of distinguishing between administrative evidence and juridical evidence in land disputes.
The Convergence of Intellectual Property Protection for Local Bags : A Study on Design Similarities with Well Known-Brands Through the Regimes of Trademark, Industrial Design, and Geographical Indication Fakhira, Regita; 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.v6i1.2640

Abstract

The local bag industry faces significant challenges in protecting Intellectual Property Rights (IPR) due to design similarities with well-known brands, which are closely related to the sustainability of the national economy. This study aims to analyze the convergence of trademark, industrial design, and geographical indication protections within the local bag industry and to identify solutions to address design-similarity issues. This research employs a normative juridical method, complemented by a literature review and in-depth interviews with experts from the Directorate General of Intellectual Property, drawing on statutory, conceptual, and sociological approaches. The findings indicate that the convergence of IPR protection across these three regimes provides complementary safeguards that strengthen the legal position of local bag products and enhance their competitiveness in the global market. However, its effectiveness remains constrained by low awareness of IPR registration, high registration costs, and weak law enforcement. Through this layered protection framework, local bag entrepreneurs can gain stronger protection, promote innovation, and reinforce the economic and cultural values unique to Indonesia, thereby contributing to the development of the national creative economy.
The Reconstruction of Free Judgments in Corruption Crimes and Its Implications for Enforcement Laws in Indonesia Ashal, Adam Sofyan; Sudiro, Amad
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.v6i1.2678

Abstract

Acquittals in corruption cases often generate controversy and undermine public trust, necessitating their reconstruction to strengthen justice and law enforcement in Indonesia and mitigate errors in the application of law (error in recht) in acquittal decisions. The problem at hand is how to reconstruct acquittals in corruption cases under the Corruption Eradication Law and the implications of acquittals for law enforcement in Indonesia. The research method used is normative juridical legal research. The results indicate that the reconstruction of acquittals in corruption cases is necessary to affirm justice and legal certainty. This effort requires limiting judicial interpretation, strengthening evidence, and tightening oversight to maintain judicial integrity and increase public trust. The reconstruction of acquittals strengthens accountability, transparency, and consistency in the judiciary, while ensuring substantive justice. This reform also increases public trust and strengthens commitment to corruption eradication and the rule of law.
The The Implementation of Samapta Patrol as a Preventive Strategy in Addressing Theft Crimes in the Palembang City Police Area Bhayangkara, Ikhlasul Amal; Suheriyadi, Bambang; Thalib, Prawitra
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.v6i1.2710

Abstract

The Samapta Patrol is a policing activity focused on preventive actions to reduce crime rates and ensure public security and order (Harkamtibmas). This study aims to analyze the implementation of the Samapta Patrol as a preventive strategy in addressing theft crimes within the jurisdiction of the Palembang City Police (Polrestabes Palembang). The research employs a socio-juridical method with a qualitative approach. The data sources consist of primary data obtained from interviews with Samapta Police officers and limited field observations; secondary data including laws and regulations, official police reports, and academic literature; and tertiary data comprising online articles, crime news, and statistical reports. The findings reveal that the Samapta Patrol plays a crucial role in reducing theft cases through routine patrols, dialogic patrols, and cooperation with local communities. However, its implementation still faces challenges such as limited human resources, insufficient facilities, and low community participation. In conclusion, the effectiveness of the Samapta Patrol can be enhanced through data-driven patrol planning, personnel capacity development, adequate budget allocation, and active collaboration with the community to achieve sustainable public security and order in Palembang City.
Legal Analysis of Protection Against Breach of Employment Contract Asri, Muhammad Rozi; Marsal, Irsyaf
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.v6i1.2711

Abstract

This study aims to analyze the forms of default (breach of contract) committed by the government as the employer in the implementation of the Work Order (SPK) and to examine the legal remedies available for contractors to obtain legal protection. This research employs a normative juridical method using statute, case, and conceptual approaches. The legal materials used include primary, secondary, and tertiary sources, analyzed qualitatively through a descriptive-analytical technique. The results indicate that government default commonly occurs in the form of delayed payments, unilateral changes to the scope of work, and contract termination without legal justification. These actions cause losses to contractors due to their weak bargaining position in legal relations with the government. Legal protection for contractors can be pursued through warnings (somasi), civil lawsuits based on Articles 1243–1252 of the Indonesian Civil Code, and non-litigation dispute resolution mechanisms such as mediation or arbitration as regulated under Law Number 2 of 2017 on Construction Services and Presidential Regulation Number 16 of 2018 on Government Procurement of Goods/Services. This study emphasizes the need to strengthen regulations and improve dispute resolution mechanisms to ensure legal certainty and fairness for contractors in the implementation of work orders.
The Status of Land Ownership Due To Marriage Between Indonesian Citizens And Foreign Citizens Is Reviewed According To Agrarian Law In Indonesia Agustina, Yanti; zulkifli, Suhaila; Simanjuntak, Immanuel
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.v6i1.2722

Abstract

Marriage that occurs between Indonesian citizens and foreigners has consequences for joint property, especially for land ownership which is joint property in marriage. For marriages that are carried out without making an agreement on the separation of property, the land becomes the joint ownership of the husband and wife. This means that both of them who are bound by marriage become the owners of the land. According to the provisions of agrarian law, foreigners are not allowed to own land in Indonesia, so the presence of foreigners who participate as land owners causes problems with the ownership of land. Consequently in this case, it is necessary to conduct research on the status of land ownership due to marriage carried out by Indonesian citizens and foreigners reviewed according to agrarian law in Indonesia. The type of research used is normative juridically, namely analyzing laws to answer problems in research. As for the results of the research on the status of land ownership due to the marriage of Indonesian citizens and foreigners without a separation agreement on marital property, both must transfer or release the rights to the land for a maximum of 1 year because the land ownership requirements are no longer in accordance with the provisions of the law
Application of The Principle of Notary Caution In Handling The Legalization of Rental Agreements Towards Mortgage Right Objects Furqon, Muhammad Tanzilul; Jatmiko, Sri Wahyu
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.v6i1.2108

Abstract

In lease agreements, the contract is established in writing. Some collateral institutions require the use of a notarial deed. Even if not mandatory, the lease agreement can still be prepared by or executed before a notary. A collateral deed prepared by a notary, as required, will naturally specify the object of the agreement. However, lease agreements often involve legalization within the contract, which frequently leads to conflicts. The question arises regarding the notary’s liability when such issues occur. This research is a normative study, focusing on the notary’s liability in the legalization of lease agreements involving collateral objects under the principle of prudence.   Kata Kunci : Agreement, Notary, Principle of Prudence
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.
The Role of e-Berpadu in Addressing the Lex Imperfecta of Article 143 Paragraph (4) of the Indonesian Criminal Procedure Code Djaman, Riska Pratiwi; Mokoagow, Jemmy; Lasabuda, Hajim; Noerdin, Eldy
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.v6i1.2356

Abstract

This study examines the role of the e-Berpadu system in addressing the lex imperfecta nature of Article 143 paragraph (4) of the Indonesian Criminal Procedure Code (KUHAP), which obliges prosecutors to provide case files to suspects or their legal counsel but prescribes no sanction for non-compliance. The research was conducted at the Kotamobagu District Court using a qualitative approach that combined interviews, observations, document analysis, and focus group discussions. The findings reveal that e-Berpadu enables digital access to case files for legal counsel and supports the fulfillment of the right to information. No significant technical barriers were identified in its implementation. However, the case file access feature is neither a core component of the system’s design nor emphasized in its official dissemination, leaving many defense lawyers unaware of its availability. The study concludes that although e-Berpadu can function as a supplementary tool to ensure access to case files, it cannot substitute the prosecutor’s mandatory obligation under KUHAP

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