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Journal of Law and Social Politics
Published by Politeknik Siber Cerdika Internasional
ISSN : 29886740     EISSN : 29886740     DOI : 10.59261
Core Subject : Humanities, Science, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences
The Journal Of Law and Social Politic provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be examined empirically. The Journal Of Law and Social Politic will publish scientific articles in the fields of education, including education, economics, history education, geography education, Pancasila and citizenship education and other fields of social science education that have not been listed. Published articles are articles from critical and comprehensive research, scientific studies or studies on important and current issues, or reviews of scientific books.
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 98 Documents
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Constitutional Law and Social Change: A Global Perspective Suratno, Ujang
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.61

Abstract

Background: Constitutional law plays a fundamental role in shaping social change by influencing governance structures, human rights protection, and democratic resilience across diverse political and cultural contexts. As societies continue to evolve, constitutional frameworks are increasingly challenged by phenomena such as populism, digital transformation, global health crises, and climate change, requiring adaptive legal responses. Objective: This study aims to examine the dynamic relationship between constitutional law and social change from a global perspective, with a particular focus on how constitutional frameworks respond to and shape societal transformations through amendments, judicial interpretations, and landmark constitutional decisions. Methods: The research employs a qualitative approach by synthesizing doctrinal legal analysis, comparative constitutional studies, and selected global case studies. Relevant constitutional texts, judicial rulings, and scholarly literature are analyzed to identify patterns of constitutional adaptation across different legal systems. Results: The findings demonstrate that constitutional law functions both as a catalyst for progressive social change and as a stabilizing mechanism within political systems. While some jurisdictions utilize constitutional mechanisms to strengthen democracy and advance human rights, others experience constitutional regression through legalistic autocracy. Judicial independence, civic engagement, and the influence of international legal norms emerge as critical factors in sustaining constitutional resilience. Conclusion: This study concludes that constitutional law is an evolving legal instrument that both reflects and shapes social change. By highlighting global patterns of constitutional adaptation, the research contributes to contemporary constitutional discourse and provides insights for policymakers, legal scholars, and human rights advocates in fostering democratic resilience through responsive and principled legal frameworks.
Legal Frameworks and Their Role in Strengthening Democratic Governance Rifa’i, Iman Jalaludin; Abdullah, Abdullah
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.62

Abstract

Background: Democratic governance is fundamentally supported by the rule of law, which ensures transparency, accountability, and meaningful citizen participation in political processes. Nevertheless, in many jurisdictions, democratic institutions are weakened by fragile legal frameworks, judicial inefficiencies, and political interference, creating conditions that facilitate corruption and democratic backsliding. Objective: This study aims to analyze the role of law in strengthening democratic governance by examining how legal principles, institutional mechanisms, and constitutional safeguards contribute to the stability and effectiveness of democratic systems across different countries. Methods: The research adopts a qualitative approach using doctrinal legal analysis and comparative case studies. Legal documents, constitutional provisions, judicial decisions, and governance reports from various democratic nations are systematically examined to assess the relationship between legal frameworks and democratic governance. Results: The findings indicate that robust legal systems, independent judiciaries, and strong constitutional safeguards play a pivotal role in promoting democratic governance. Countries that provide effective legal protection for civil liberties and enforce checks and balances on executive power tend to demonstrate higher political stability, stronger public trust, and more resilient democratic institutions. Conversely, weak legal frameworks are closely associated with corruption, electoral manipulation, and the erosion of democratic norms. Conclusion: The study concludes that strengthening the rule of law is essential for sustaining democratic governance. A well-functioning legal system not only protects human rights and ensures governmental accountability but also enhances citizen participation. This research contributes to legal and political scholarship by offering an analytical framework to evaluate the effectiveness of legal systems in democratic governance and provides practical insights for policymakers and legal scholars seeking to strengthen democratic institutions globally.
Legal Reform and Social Equity in Contemporary Society Sudrajat, Arip Rahman; Urbaningrum, Rexy Nakula
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.63

Abstract

Background: Legal reforms play a crucial role in shaping social equity by influencing access to justice, economic opportunities, and the protection of human rights. Historically, legal systems have functioned both as instruments that reinforce structural inequalities and as mechanisms for dismantling them, depending on the design, scope, and implementation of legal reforms. Objective: This study aims to analyze the impact of legal reforms on social equity, with a particular focus on how legislative changes affect marginalized and vulnerable groups within society. Methods: The research adopts a qualitative approach through a systematic literature review and comparative case studies drawn from various jurisdictions. Results: The findings indicate that legal reforms have contributed positively to social equity in areas such as anti-discrimination frameworks, labor rights protection, and criminal justice reform. However, significant challenges remain due to inconsistent enforcement, socio-political resistance, institutional weaknesses, and economic barriers that limit the reach of reforms. The study also finds that legal reforms are more effective when supported by participatory governance, strong accountability mechanisms, and equitable enforcement practices. Conclusion: Legal reforms constitute a vital mechanism for advancing social equity, yet their success depends heavily on robust institutional frameworks and active civic engagement. This study contributes to the broader discourse on law and social justice by identifying best practices for designing and implementing legal reforms that promote equitable outcomes. Future research is recommended to explore the long-term socio-economic impacts of legal reforms across different legal traditions and governance systems.
Legal Responsibility of Digital Platform Companies for Protecting Shareholder Losses in The Era Siregar, Boni; Sihotang, Lesson; Nababan, Roida
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.64

Abstract

Background: The rapid expansion of e-commerce has driven digital platforms to integrate financial services, including stock investment features. While this innovation improves accessibility and broadens investor participation, it also generates significant legal and technological risks. Key concerns include investor protection, transparency, data security, and regulatory accountability, especially in jurisdictions like Indonesia where legal frameworks continue to evolve. The convergence of e-commerce and capital market services challenges existing regulatory structures and raises questions about platform responsibility. Objective: This study analyzes the legal responsibilities of digital platform companies in safeguarding stock investors and evaluates the adequacy of Indonesia’s regulatory framework. It further identifies regulatory gaps and proposes policy improvements to enhance investor protection. Methods: Using normative legal research with legislative and case-based approaches, this study reviews relevant laws, regulations, and judicial decisions concerning e-commerce, capital markets, and digital financial services to assess platform obligations and investor protection mechanisms. Results: Findings show that investor protection depends on adaptive regulations and consistent enforcement of platform responsibilities. Although Indonesian regulations provide basic protection, gaps persist in addressing technological risks, cross-sector integration, and platform accountability. Conclusion: Stronger regulatory harmonization, clearer liability standards, and stricter enforcement are needed. Digital platforms must enhance transparency, technological security, and investor education to mitigate risks and build trust.
Digital Sovereignty and The Right to Data: A Comparative Study Between Indonesia, The European Union, and The United States Rahayudin, Rahayudin; Naseer, Muchammad; Agustina, Nova; Guterres, Antonio
Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v3i2.71

Abstract

Background: The rapid expansion of the global digital economy has intensified the importance of regulating data governance, particularly in relation to digital sovereignty and the protection of personal data. However, significant differences persist among national legal frameworks, creating regulatory gaps in cross-border data governance and oversight mechanisms. This condition raises critical legal and policy challenges, especially for developing countries such as Indonesia. Objective: This study aims to analyze and compare the principles of digital sovereignty and the right to personal data in Indonesia, the European Union, and the United States, as well as to assess their legal implications for national policy formulation in each jurisdiction. Methods: This research employs a descriptive qualitative approach using a comparative juridical method. A statutory approach is applied to examine relevant laws and regulations, a comparative approach is used to analyze differences in data governance frameworks across jurisdictions, and a conceptual approach is employed to explore theoretical perspectives on digital sovereignty and data rights. Results: The findings indicate that Indonesia emphasizes state control over data and the obligations of electronic system operators, the European Union prioritizes comprehensive protection of data subjects’ rights through the General Data Protection Regulation, while the United States adopts flexible, sectoral regulations oriented toward private sector innovation. These differing paradigms result in variations in oversight effectiveness, levels of data protection, and cross-border data transfer mechanisms. Conclusion: This study highlights the urgency for Indonesia to strengthen regulatory harmonization, enhance institutional oversight capacity, and develop equitable cross-border data transfer mechanisms in order to reinforce digital sovereignty while aligning with international data protection standards.
Political Ideology and Judicial Decision-Making in Contemporary Legal Systems Fahira, Siti Hafsah; Nendi, Ikhsan; Hidayat, Agus Rohmat; Nurjanah, Aisyah; Santika, Rani
Journal of Law and Social Politics Vol. 2 No. 2 (2024): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v2i2.73

Abstract

Background: Constitutional protection of minority rights remains a fundamental issue in contemporary constitutional law, particularly in the context of increasing political polarization, public health crises, and democratic backsliding. Although constitutions formally guarantee equality and non-discrimination, the effectiveness of these protections varies significantly across jurisdictions and minority groups. Objective: This study aims to examine comparative constitutional frameworks across regions and to identify the most effective constitutional mechanisms, judicial practices, and implementation challenges affecting religious, ethnic, LGBTQ+, linguistic, and other minority groups. Methods: This research employs a comparative legal analysis based on a systematic review of 25 Scopus-indexed publications published between 2019 and 2024. The analysis covers constitutional provisions, judicial decisions, and enforcement mechanisms from jurisdictions in Europe, the Americas, Asia, Africa, and Oceania. Results: The findings indicate that constitutional courts are the most effective mechanism for protecting minority rights, with an average effectiveness rate of 85%, outperforming legislative and administrative mechanisms. European jurisdictions demonstrate the highest level of protection, while African jurisdictions show comparatively lower effectiveness. Religious minorities constitute the largest proportion of constitutional cases, followed by ethnic minorities and LGBTQ+ groups. Non-discrimination principles show the strongest implementation, whereas political representation mechanisms remain the weakest. Conclusion: The study concludes that strong constitutional courts and robust non-discrimination principles are central to effective minority rights protection. However, enforcement gaps, political resistance, and limited institutional capacity continue to hinder the realization of constitutional guarantees, indicating the need for targeted institutional and policy reforms.
Consumer Protection in Binding Sale and Purchase Agreements of Subsidized Housing Aminullah, Muhammad Zufar
Journal of Law and Social Politics Vol. 4 No. 1 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i1.66

Abstract

Subsidized housing is an important instrument in providing affordable housing for low-income people. However, the practice of Binding Sale and Purchase Agreement (PPJB), which is generally made unilaterally by developers, often raises legal problems. Many PPJBs contain standard clauses that are detrimental to consumers, such as delays in submission or non-conformity with specifications, thereby weakening the consumer's position in the contractual relationship. This study emphasizes the importance of legal protection for consumers of subsidized housing by reviewing the provisions in Law Number 8 of 1999 concerning Consumer Protection, Law Number 1 of 2011 concerning Housing and Residential Areas, and Minister of Public Works and Public Housing Regulation Number 11 of 2019 concerning PPJB. Article 18 of the UUPK expressly prohibits the inclusion of clauses that are detrimental to consumers and declares them null and void. Therefore, strengthening regulations, law enforcement, and public awareness is crucial to create fair and balanced consumer protection in subsidized housing transactions.
Revisiting Legal Policy Effectiveness: Governance Mechanisms and Persistent Social Inequality Mukhlisin, Mukhlisin; Hakim, Arif Rohman; Hidayat, Agus Rohmat
Journal of Law and Social Politics Vol. 2 No. 2 (2024): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v2i2.75

Abstract

Background: This study explores the relationship between legal policy frameworks, governance mechanisms, and social inequality across socio-economic contexts. Despite significant policy reforms aimed at reducing inequality in the past two decades, many societies still face substantial disparities. Objective: The study aims to explore the gaps between policy formulation and its impact on reducing inequality, focusing on governance quality and contextual influences. Methods: A mixed-methods approach was employed, combining quantitative analysis of policy effectiveness indices from 124 countries (2015-2025) and qualitative assessments of governance structures in 12 case studies. The quantitative component examined the relationship between governance quality and policy effectiveness, while qualitative case studies assessed governance dynamics and contextual factors. Results: The findings reveal that governance quality significantly influences policy effectiveness. Countries with higher governance quality scores (above 7.0) reduced inequality by 45% more effectively than those with lower scores (below 5.0). Contextual factors, including political stability, socio-cultural dynamics, and resource availability, were found to significantly influence the effectiveness of governance in reducing inequality. Regulatory compliance mechanisms (impact score: 7.8/10) and policy coherence (7.5/10) were most effective, while resource allocation (5.9/10) was the weakest link. Conclusion: The study introduces an analytical framework linking legal policy, governance, and context. It highlights that effective inequality reduction requires well-designed policies and adaptive governance systems responsive to local contexts. Policymakers should prioritize strengthening institutional capacity, monitoring systems, and inclusive stakeholder participation.

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