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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 103 Documents
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Debtor's Right of Cassation in PKPU Following Constitutional Court Decision 23/PUU-XIX/2021: Consequences for the Protection of Banks as Separate Creditors Roni Pandiangan
Journal of Law and Social Politics Vol. 4 No. 2 (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.v4i2.92

Abstract

Background: Banks as financial institutions that perform the function of collecting and distributing public funds often face the problem of bad credit or Non-Performing Loans (NPL). In an effort to provide legal protection, the state has regulated the collateral mechanism through mortgage rights as stipulated in Law Number 4 of 1996. However, in practice, the execution of collateral often encounters obstacles, especially when the debtor is undergoing a Suspension of Debt Payment Obligation (PKPU) process based on Law Number 37 of 2004. Objective: This study aims to analyze the legal position of banks as separate creditors in the PKPU process and evaluate the quantitative impact of cassation-induced execution delays on bank NPL ratios. Methods: This research uses normative legal methods with a normative juridical approach as its primary approach. The prescriptive nature of the research is directed toward formulating PERMA/SEMA recommendations that balance debtor constitutional rights with bank legal certainty. Results: The results show that separate creditors have a strong position in the PKPU process. However, the decision causes the bankruptcy status to not be inracht, thereby delaying the execution of collateral by banks. This delay results in hindered asset recovery and an increased risk of NPL, which can affect bank health according to Bank Indonesia Regulation Number 15/2/PBI/2013. Therefore, further regulations are needed to ensure legal certainty and protection. Conclusion: Constitutional Court Decision 23/PUU-XIX/2021 structurally weakens the legal protection of banks as separate creditors by introducing a non-suspensive cassation mechanism that delays execution of mortgage rights.
Structural Realism and Institutional Barriers in the UN Security Council's Failure: Israeli-Palestinian Conflict Agussalim Agussalim; Ariesani Hermawanto; Sucahyo Heriningsih
Journal of Law and Social Politics Vol. 4 No. 2 (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.v4i2.90

Abstract

Background: … Objective: This study examines the failure of the United Nations Security Council (UN) in intervening in the Israeli-Palestinian conflict using a structural realism approach and an analysis of institutional barriers. The focus of the research lies in the role of the geopolitical interests of permanent members of the Security Council who use veto power to block peace resolutions, as well as the weak UN institutional mechanisms in international law enforcement. Methods: A qualitative method with a single case study was used to analyse official documents, Security Council resolutions, and related literature. Results: The study results show that the dominance of national interests and undemocratic institutional structures are the main factors for the failure of interventions. These findings provide important recommendations for UN institutional reform to improve the effectiveness of international peace governance. Conclusion: …
Reconstruction of Human Rights Protection in the Criminal Justice Process Based on the Modern Criminal Law Paradigm in Indonesia Marsudin Nainggolan
Journal of Law and Social Politics Vol. 4 No. 2 (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.v4i2.98

Abstract

Background: Human Rights (HAM) protection in the criminal justice system is a primary indicator of the legitimacy of a modern rule-of-law state. Indonesia has normatively adopted the principle of due process of law through the 1945 Constitution, the Criminal Procedure Code (KUHAP), and international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR). However, in practice, various human rights violations are still found, particularly during the investigation and evidentiary stages. Objective: This research aims to reconstruct a model of human rights protection based on the modern criminal law paradigm. Methods: The method used is normative juridical research employing statutory, conceptual, and case approaches. Results: The results show that human rights protection in Indonesia remains procedural rather than substantive. Therefore, an integrative model is needed that combines the legal theories of Hart and Dworkin, as well as the restorative justice approach. Conclusion: The findings demonstrate that an integrative model combining the exclusionary rule, pretrial reform, and restorative justice grounded in the legal theories of Hart and Dworkin   constitutes the most viable framework for achieving substantive human rights protection in Indonesia’s criminal justice system.

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