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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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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.
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.
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.
Legal Analysis of the Exclusion of PT Danantara's Losses From State Financial Losses In Investment Ruslina, Elli; Kartiko, Dimas Yureza
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.v6i1.2449

Abstract

Investment management by state-owned enterprises (BUMN) or entities related to state finances often raises legal issues, particularly when losses occur that impact state finances. PT Daya Anagata Nusantara (PT. DANANTARA) is an entity that has been in the spotlight due to allegations of state losses arising from its investment management activities and the status of those losses. However, the emergence of exceptions to these losses from the category of state financial losses has given rise to legal debate that requires in-depth analysis. The method used in this research is a descriptive analytical method by solving research problems on the object of study, namely regarding Legal Analysis of PT Danantara's Exclusion from State Finance in Investment. The results of the study concluded that the exclusion of PT Daya Anagata Nusantara's (PT Danantara) losses from the category of state losses is based on a strong legal basis, especially referring to the legal status of PT Danantara as a limited liability company subject to private law and the principle of separate legal entity as regulated in the Law on Limited Liability Companies. The legal consequences of the exclusion of Daya Anagata Nusantara's (PT. DANANTARA) losses from the category of state finances due to investment management from the perspective of statutory regulations have a strategic position as a state investment management body that is directly responsible to the President. As a limited liability company, PT Danantara is legally separated from state finances as regulated in the State Finance Law No. 17 of 2003, so that the losses it experiences are not automatically categorized as state losses.
The Limitations of International Humanitarian Law (IHL) in Protecting Civilians in the Saudi Arabia–Yemen Cross-Border Conflict 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.v6i1.2450

Abstract

The cross-border armed conflict between Saudi Arabia and Yemen since 2015 has triggered the worst humanitarian crisis of this century, with hundreds of thousands of civilians being killed. International Humanitarian Law (IHL) normatively guarantees civilian protection through the principles of distinction, proportionality, military necessity, and humanity. However, the reality shows systematic violations in the form of airstrikes on civilian facilities, blockades resulting in mass starvation, and the indiscriminate use of weapons. This research uses a normative-critical method with a study of primary documents (the 1949 Geneva Conventions, Additional Protocols I & II, UN reports, the ICRC, Amnesty International, and Human Rights Watch) and a case study of the Saudi-Yemeni conflict. The analysis shows that the limitations of IHL are primarily due to the absence of effective enforcement mechanisms, the politicization of the UN Security Council, the asymmetry between state and non-state actors, and the ambiguity of the classification of international and non-international conflicts. In conclusion, although IHL norms are legally strong, their implementation remains weak due to subordination to political and military interests. Therefore, strengthening enforcement mechanisms, reforming international governance, and adapting norms to hybrid conflicts are necessary to strengthen civilian protection in modern armed conflicts.
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.
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.
The Role of Law in Rice Scarcity Mitigation Soetopo, Maria G.S.
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.v6i1.2462

Abstract

In support of national food security, the government issued Presidential Instruction No. 6 year 2025 concerning the Procurement and Management of Domestic Grain/Rice and the Distribution of Government Rice Reserves (Presidential Instruction No. 6 year 2025). However, Indonesia continues to face rice scarcity and rising prices due to policy inefficiencies. In fact, the government has issued various policies to ensure the availability and affordability of rice prices in the community. This article evaluates the authority of Ministries and Institutions in making policies to mitigate rice scarcity. This article uses normative legal research methods supported by economic analysis. The results of the study show that there is a lack of institutional coordination that results in society’s reduced purchasing power.
From ‘Criminal Acts’ to ‘Crimes’ and Accountability: A Philosophical Study of the Aspects of Fault and Punishment in Law No. 1 of 2023 Nissa, Khaoeirun
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.v6i1.2465

Abstract

This study aims to discuss the change in the status of criminal acts to criminal offenses and a study of the accountability of aspects of errors in criminalization as stated in Law No. 1 of 2023. This research is a qualitative research. Library research is used in this normative legal research methodology. The particulars of this study include the use of descriptive analysis as the research methodology. Primary and secondary legal materials comprise the secondary data sources and kinds used in this study. The approach to data analysis is normative. According to the findings of the study, Law Number 1 of 2023 pertaining to the Criminal Code embraces neo-classical principles and strikes a balance between objective and subjective considerations. The types of penalties regulated, the acceptance of living law as a basis for sentencing, the consideration of humanitarian aspects, and the adoption of a new concept that emphasizes prevention, rehabilitation, and conflict resolution without degrading human dignity all of which are significant changes to criminal law.
Model Rehabilitation of Drug Addicts Based on Legal and Community Health Approaches to Promote Healthy Behavior Chaidar, Muhamad; Septian Mubarrok, Alik
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.v6i1.2467

Abstract

The handling of drug addicts in Indonesia still faces serious problems due to the disharmony between legal norms that emphasize rehabilitation and law enforcement practices that tend to be repressive. The aim of this research is to analyze the normative framework for the rehabilitation of drug addicts, identify the barriers to implementation in the field, and formulate a model of integrative rehabilitation based on law and public health. This study employs a normative method with a legislative and conceptual approach. The results indicate that the Narcotics Law has provided a legal basis for rehabilitation; however, its implementation is not optimal due to limited resources, the repressive paradigm of law enforcement officers, societal stigma, and weak inter-agency coordination. Analysis using progressive legal theory and public health perspective emphasizes that addicts should be viewed as victims entitled to recovery, not merely as offenders. An integrative rehabilitation model that combines the roles of law and public health serves as a strategic solution to promote the protection of human rights, reduce the social impact of narcotics, and rehabilitate addicts towards healthy living behaviors.

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