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Ebit Bimas Saputra
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dinasti.info@gmail.com
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+628117404455
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editor@dinastires.org
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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,
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.
Articles 1,054 Documents
Implementation of Law Number 8 of 1999 on Consumer Protection in Online Buying and Selling Practices: A Maqashid Shariah Perspective Nilfatri , Nilfatri; Syukri, Ahmad; Ramlah, Ramlah
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.v6i1.2414

Abstract

Abstract: This study examines the implementation of Law Number 8 of 1999 concerning Consumer Protection (UUPK) in online buying and selling (e-commerce) practices from a Maqashid Shariah perspective. The background of the study arises from the rapid development of digital transactions that have brought challenges to consumer protection, such as online fraud, product discrepancies, delivery delays, and misuse of personal data. This study used a qualitative descriptive approach with an empirical juridical method, involved interviews with the Department of Industry and Trade of Jambi Province and the Indonesian Consumers Foundation (YLKI) of Jambi Province, and was complemented by a literature review. The results of the study show that the principles of consumer protection in the Consumer Protection Law (UUPK) show substantial alignment with the objectives of Maqashid Syariah, particularly in preserving property (hifz al-mal), life (hifz al-nafs), and dignity (hifz al-‘ird). However, the UUPK still has weaknesses in responding to the characteristics of digital transactions, including the absence of specific regulations on electronic commerce, weak law enforcement based on digital evidence, limitations in the function of Consumer Dispute Settlement Agency (BPSK), the lack of regulation on personal data protection, the minimal obligation of transparency for online business actors, and the insufficient adaptability to new digital business models. This study recommends revising the Consumer Protection Law (UUPK) to be more responsive to technological developments, strengthening consumer dispute settlement institutions, synchronizing regulations, and enhancing public legal literacy based on the principles of justice and welfare according to Maqashid Syariah. (time new roman, size 12, space 1)enter 1 xKeyword: Consumer protection, Online trading, Consumer protection law (UUPK), Maqashid syariah, E-commerce.
Legal Certainty For The Judiciary That Is Authorized To Adjudicate Corruption Cases That Occurred In Basarnas RI Putra, Reza Alamsyah; Arafat, Zarisnov; 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.v6i1.2419

Abstract

Article 42 of the Corruption Eradication Commission Law grants the KPK (Corruption Eradication Commission) coordinating authority to oversee the investigation, inquiry, and prosecution of corruption crimes jointly committed by legal subjects under the jurisdiction of both military and general courts. The normative juridical research method, as a legal research approach, bases its analysis on literature review or secondary data sources as the primary foundation of the study, conducted through an in-depth examination of legal regulations and various literature references relevant to the issue under review. Based on an analysis of the relevant statutory provisions, it can be concluded that the Basarnas corruption case involving military personnel should be adjudicated by the Corruption Court, with several legal considerations. The Corruption Court is the competent body to try corruption cases within the National Search and Rescue Agency of the Republic of Indonesia, while maintaining institutional coordination between the KPK and the Indonesian National Armed Forces (TNI) as mandated by the Constitutional Court's decision. An in-depth analysis of the applicable statutory provisions indicates that the legal provisions regarding jurisdiction over corruption cases involving military personnel have undergone a paradigmatic shift from a personal jurisdiction approach to a subject matter jurisdiction approach. Based on this ruling, and considering that the Basarnas corruption case was initially investigated and discovered by the KPK, the Corruption Court is the competent body to adjudicate the case, including that of Air Marshal Henri Alfiandi as an active member of the TNI.
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.
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.
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.
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
Absolute Jurisdiction Of Arbitration Institutions According To Indonesian Positive Law: Analysis Of The Decision Of The South Jakarta State Court Number 420/Pdt.G/2020 Tambunan, Desima; Fransisco, Fransisco; Wulandari, Vicka Prama
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.v6i1.2436

Abstract

Arbitration is an interesting manner to resolve trade issues because it is final and binding. Article 30 of law quantity 30 year 1999 on Arbitration and opportunity Dispute decision explains that the courtroom isn't always legal to just accept a case among  events who've selected arbitration as a method of dispute decision, as said within the arbitration clause. but, within the discipline there may be a violation of the authority of the district court docket, specifically the courtroom nevertheless accepts and manages cases that ought to be resolved via arbitration. The reason of this examine is to investigate the regulations of absolute authority of arbitration institutions in the Indonesian felony device and assessment the suitability of. District court docket choice variety 420/Pdt.G/2020/PN.Jkt Sel. The method used is normative criminal research with statutory, case, and conceptual strategies. in the case, the panel of judges stated that the District court had the authority to pay attention the case. even though there was an settlement among the events worried to clear up the dispute via arbitration. The judge's reasoning changed into that the issue rely of the case became an act of tort and no longer a breach of settlement, and not all parties inside the case had been certain by means of the arbitration clause. The outcomes of the evaluation display that the selection violates the regulations of absolutely the authority of arbitration, and isn't always according with the ideas stipulated in Article three of regulation quantity 30 of 1999 which states that the courtroom isn't always legal to just accept cases which have been certain with the aid of an arbitration settlement.
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.

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