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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 128 Documents
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Legal Protection for Village Heads in Exercising Government Authority: Analysis of Administrative Limits and Criminal Responsibility Harmono Harmono
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.v4i2.113

Abstract

Background: The expansion of administrative authority within the decentralization framework has increased the exposure to legal risks for village heads in Indonesia, particularly in the management of village finances. On one hand, village heads are required to exercise discretion to respond to community needs quickly and effectively; on the other hand, the administrative decisions they make often become targets of criminal law enforcement. This condition raises concerns about the phenomenon of criminalization of public policy at the village level. Objective: This study aims to analyze the construction of legal protection for village heads, identify the factors that cause criminalization, and formulate the boundary between administrative errors and criminal liability. Methods: This research employs a normative juridical method with statutory, conceptual, and case approaches, supported by current national and international literature. Results: The findings indicate that the existing legal protection framework remains fragmentary and lacks adequate doctrinal coherence, thereby creating legal uncertainty. The criminalization of village heads is influenced by regulatory disharmony, the dominance of repressive approaches in law enforcement, limited capacity of village officials, and local political dynamics. Furthermore, the absence of a clear boundary between administrative errors and criminal acts has led to the expansion of criminal law into the realm of government administration. Conclusion: This study offers a reconstruction of legal protection based on administrative law principles, particularly the principles of good faith, proportionality, and abuse of authority. It emphasizes that administrative review mechanisms must serve as a mandatory filter before the application of criminal law, so that the principle of ultimum remedium can be upheld. This research contributes to the global discourse on governance and legal accountability by offering a framework to prevent overcriminalization without compromising public sector integrity.
Pelatihan Fire Fighting di PT. Skyworth Industry Indonesia Cikarang Jawa Barat Menurut Keputusan Menteri Tenaga Kerja Nomor 186 Tahun 1999 Tentang Unit Penanggulangan Kebakaran Ditempat Kerja Andi Lala; Abdullah Abdullah; Yenny Frisca Madhona; Monica Laudiasari Destrianti
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.v4i1.117

Abstract

Latar belakang: Kebakaran merupakan salah satu potensi bahaya yang signifikan di lingkungan kerja industri, khususnya di sektor manufaktur elektronik seperti PT. Skyworth Industry Indonesia Cikarang Jawa Barat. Dalam rangka meningkatkan kesadaran dan kesiapsiagaan terhadap risiko kebakaran, perusahaan menyelenggarakan program pelatihan fire fighting secara terencana dan berkelanjutan. Tujuan: Tujuan dari penelitian ini adalah untuk mengetahui program, prosedur, dan implementasi pelatihan fire fighting di PT. Skyworth Industry Indonesia Cikarang Jawa Barat Keputusan Menteri Tenaga Kerja Nomor 186/MEN/1999. Metode: Metode yang digunakan adalah deskriptif kualitatif dengan teknik pengumpulan data melalui observasi langsung, wawancara, dan dokumentasi. Hasil: Berdasarkan hasil pengumpulan data dan analisis, pelatihan yang dilaksanakan mencakup pelatihan dasar kebakaran, pelatihan evakuasi, dan pelatihan pertolongan pertama (P3K). Perusahaan belum memiliki prosedur khusus terkait pelatihan fire fighting, namun kegiatan ini mengacu pada dokumen Kesiapsiagaan dan Tanggap Darurat bernomor IMS-GA-HR-02 dan diselenggarakan setiap enam bulan. Pelatihan ini dinilai mampu meningkatkan keterampilan dan kesiapsiagaan karyawan dalam menghadapi kondisi darurat kebakaran di tempat kerja. Kesimpulan: Seluruh kegiatan pelatihan telah mengacu pada Keputusan Menteri Tenaga Kerja Nomor 186/MEN/1999, yaitu Pasal 2 ayat (2) huruf b untuk pelatihan dasar kebakaran, Pasal 2 ayat (2) huruf c untuk pelatihan evakuasi, dan Pasal 2 ayat (2) huruf d untuk pelatihan P3K.
UN Women and the Protection of Women’s Rights in Afghanistan: An Analysis of Interventions and Challenges from 2010 to 2024 Arya Nirwansyah Dwi Putra; Muhammad Fauzi Ilham; Widia Ningsih
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.v4i1.119

Abstract

Background: Discrimination against women in Afghanistan has become one of the most persistent human rights issues, particularly under the Taliban regime, which has imposed restrictions on women’s access to education, employment, and participation in public life. In this context, international organizations such as UN Women play an important role in promoting gender equality and protecting women’s rights through various empowerment and advocacy programs. Objective: This study aims to analyze the role and contribution of UN Women Asia and the Pacific in addressing discrimination against women in Afghanistan from 2010 to 2024. Methods: This research employs a qualitative descriptive-analytical method using secondary data obtained from official UN Women reports, publications by international organizations, academic journals, books, and previous studies related to women’s rights and gender issues in Afghanistan. Results: The findings reveal that UN Women successfully implemented several empowerment programs, including girls’ scholarship initiatives, women’s livelihood training under the Elimination of Violence Against Women (EVAW) framework, and gender-based violence (GBV) response services. These programs improved women’s access to education, economic participation, and legal protection during the period 2010–2020. However, the Taliban’s return to power in 2021 significantly weakened these achievements through restrictive policies targeting women, resulting in more than 80% of school-age girls being excluded from secondary education by 2023. Conclusion: The study concludes that UN Women has played an important role in supporting women’s rights and empowerment in Afghanistan, particularly through international advocacy and community-based programs. Nevertheless, sustainable progress in gender equality requires stronger international cooperation.
Legal Protection for Doctors in Performing Medical Actions after the Enactment of Law of the Republic of Indonesia Number 17 of 2023 concerning Health at Siloam Hospital, Bogor City Frieda Krisnawaty; L. Alfies Sihombing; Yeni Nuraeni
Journal of Law and Social Politics Vol. 4 No. 3 (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.v4i3.120

Abstract

Objective: This study aims to analyze the construction of legal protection for medical personnel and the pattern of hospital accountability in the implementation of medical actions after the enactment of Law Number 17 of 2023 concerning Health. Methods: The method used is normative juridical with an empirical approach through literature studies, analysis of laws and regulations, and interviews. Results: The results of the study show that the legal protection of medical personnel has been positivized in Article 273 paragraph (1) letter a of Law No. 17 of 2023, while the obligation of hospitals obtains an operational basis through Article 851 of PP No. 28 of 2024. A case study at Siloam Hospital in Bogor City shows the implementation of protection through a layered mediation and supervision mechanism by the Medical Committee, MKEK, and MKDKI. Conclusion: However, obstacles were found in the implementation of Law Number 17 of 2023 concerning Health, in the form of suboptimal synchronization of derivative regulations, weak implementation of informed consent, and high potential lawsuits that are not always based on medical professional assessments.
Bridging Law in Action: Transforming Students' Legal Literacy through Parepare District Court Observations Khaerunnisa Khaerunnisa; Widia Ningsih; Arya Nirwansyah Dwi Putra
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.v4i1.121

Abstract

Background: Legal literacy in higher education often remains confined to statutory memorization, creating a gap between academic theory and the practical demands of the judiciary. This study addresses the disconnect by examining how direct court observation facilitates the transition from "law in books" to "law in action." Objective: This research aims to investigate the transformation of legal literacy among eight Islamic family law students at STAI DDI Parepare through direct observation of a voluntaire civil petition at the Parepare District Court. Methods: Using an empirical socio-legal design with a phenomenographic orientation, data were collected through pre-observation reflections, in-court observations of a 2007 delayed death certificate case, and post-observation in-depth interviews. Results: Thematic analysis identified six dimensions of literacy transformation, including jurisdictional shifts, evidentiary formalism, and digital court adaptation. Descriptive data indicated a mean literacy gain of +1.5 points (scale 1–5), with the most pronounced improvements in Digital Court Literacy (+1.6) and Legal Certainty Value (+1.7). Conclusion: The findings suggest that field-based clinical legal education serves as a powerful catalyst for epistemological development. This study concludes that integrating structured court observation into the curriculum is essential for preparing students to navigate the hybrid reality of modern judiciary, where digital administration meets rigorous evidentiary formalism.
Residential Satisfaction and Behavioral Intentions among Condominium Residents in Phnom Penh, Cambodia: A Quantitative Study Chamnab Voeun; Sarom Mok; Bora Khath; Somuny Som
Journal of Law and Social Politics Vol. 4 No. 3 (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.v4i3.122

Abstract

Background: Landed housing has not been displaced by condominiums, as landed houses remain the primary dwelling choice for many Cambodian buyers. However, condominiums are increasingly used as urban residences near business centers, institutions, and employment areas, especially in Phnom Penh. Objective: This quantitative study aims to examine residents’ satisfaction and behavioral intentions toward real estate developers by identifying the key factors that influence residential satisfaction and their importance in shaping residents’ behavioral intentions. Methods: The study involved 250 condominium residents in Phnom Penh selected using convenience sampling. Data were collected through a structured questionnaire and analyzed using descriptive and inferential statistics with SPSS. Factor analysis was used to identify the underlying structure of residential satisfaction, while regression analysis was applied to examine the relationships between each set of variables and residents’ overall perceptions of satisfaction and behavioral intentions. Results: The findings show that condo characteristics, neighborhood, view and landscape, and property management are the main factors influencing residents’ overall satisfaction. Meanwhile, condo characteristics, property management, transportation, and public facilities are the main factors influencing residents’ behavioral intentions toward real estate developers. Conclusion: The study provides strategic insights for improving Phnom Penh’s condominium market and offers useful information for policymakers in developing condo-related policies and regulations. The findings are also beneficial for condo buyers, property investors, and relevant stakeholders in creating more satisfying living environments for residents.
Seizure of Collateral Against Disputed Objects in the Hands of Third Parties: A Comparative Analysis of Civil Law and Islamic Law Perspectives Nur Muhamad Safi’i; Pegi Sugiartini; Aisyah Nurjanah
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.v4i1.124

Abstract

Background: In debt repayment cases, the seizure of collateral may become problematic when a third party claims ownership of the disputed object. This situation often occurs when the collateral is an undivided inheritance and the third party is an heir with legal rights over the seized property. Such conditions create legal uncertainty, delay execution, and complicate the enforcement process, especially when court decisions differ from the actual condition or boundaries of the asset. Objective: This study aims to analyze the legal mechanisms governing the seizure of collateral over disputed objects held or claimed by third parties under Indonesian civil procedural law and Islamic law, particularly through the concepts of rahn and al-hajru. Methods: This research uses a normative juridical approach with statutory, conceptual, and comparative legal analysis. Legal materials include primary sources such as HIR, RBg, and KHES, as well as secondary and tertiary sources collected through library-based research and analyzed descriptively and comparatively. Results: The findings show that collateral seizure is regulated under Article 227 HIR/261 RBg and must be based on a court order. Third parties may protect their rights through derden verzet. In Islamic law, seizure is closely related to al-hajru, or restriction of property. The main obstacles include unclear asset boundaries, transfer of objects to third parties, and discrepancies between court orders and the actual condition of the assets. Conclusion: Civil procedural law and Islamic law provide normative bases for collateral seizure; however, clearer regulatory frameworks are needed to strengthen third-party protection and ensure effective enforcement.
Judicial Discretion and Legal Certainty in Marriage Dispensation: A Normative Analysis of Supreme Court Regulation No. 5 of 2019 Implementation in Indonesian Religious Courts R. Febrina Andarina Zaharnika; Syafrinaldi Syafrinaldi; Rosyidi Hamzah
Journal of Law and Social Politics Vol. 4 No. 3 (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.v4i3.132

Abstract

Background: As part of efforts to protect young people and reduce underage marriage, the legal marriage age was raised to 19 for everyone under Law No. 16 of 2019. This regulatory change has, in fact, led to a surge in requests for exemptions within the judicial system, raising questions about its overall impact. Although the Supreme Court has intervened with the Supreme Court Regulation (PERMA) No. 5 of 2019 to provide guidelines for judges, differing viewpoints in court rulings continue to undermine legal consistency. Objective: This research investigates the judicial reasoning behind the approval of marriage exceptions under PERMA Number 5 of 2019 and what it signifies for the predictable and consistent application of Law Number 16 of 2019. Methods: The methodology for this research relies on normative legal studies, utilizing case, conceptual, and statutory approaches. It gathers foundational evidence from primary instruments like Law Number 16 of 2019, PERMA Number 5 of 2019, and judicial decisions, alongside secondary data from legal doctrines, journals, and books. To evaluate the information, a qualitative analysis was conducted to compare legal standards against their implementation. Results: Findings identify three dominant judicial reasoning patterns: pregnancy-based considerations (most frequent), family pressure, and economic hardship. Although PERMA emphasizes child welfare, its application is inconsistent, resulting in disparities in court decisions. Conclusion: The study shows a gap between normative regulation and judicial practice, which weakens legal certainty. It proposes strengthening the binding force of PERMA No. 5 of 2019 to improve consistency and child protection outcomes.
Judicial Breakthrough in Investor Protection: Expanding the Legal Standing of Good-Faith Stock Buyers in Indonesia Muhammad Syamil Fasya
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.v4i2.84

Abstract

Background: Under Indonesian Company Law (UUPT), a good-faith investor who has fully paid for shares but whose name is not recorded in the Company’s Shareholders Register (Daftar Pemegang Saham/DPS) does not have legal standing to apply to the court to compel a General Meeting of Shareholders (GMS). Objective: This article analyzes how the North Jakarta District Court decision No. 530/Pdt.G/2024/PN Jkt. Utr addresses this legal gap by recognizing the standing of an unregistered foreign investor acting in good faith, thereby providing judicial clarification in shareholder protection. Methods: This study employs a normative legal research method using both case and conceptual approaches. It analyzes primary legal sources, including the court decision, UUPT, KUHPerdata (Indonesian Civil Code), and relevant legal doctrines. Results: The court applied rechtsvinding (legal discovery) and analogy-based reasoning to correlate the rights under Article 80 of the UUPT with those of a de facto shareholder based on substantive ownership, despite the failure to register in the DPS due to alleged bad faith by third parties. In this context, the voluntair petition mechanism proved more effective than a contentiosa lawsuit in addressing the dispute. Conclusion: The decision represents a progressive step in strengthening investor protection, yet it remains a stop-gap measure. Judicial activism should be approached cautiously, as legislative reform of the UUPT is still required to formally codify such protections.
Business Decisions or Corruption? The Business Judgment Rule in Decision 68/2025 Sahat Parlindungan Simarmata
Journal of Law and Social Politics Vol. 4 No. 3 (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.v4i3.109

Abstract

Background: On 20 November 2025, the Anti-Corruption Court at the Central Jakarta District Court delivered Decision Number 68/Pid.Sus-TPK/2025/PN Jkt.Pst, convicting three former directors of PT ASDP Indonesia Ferry (Persero) of corruption arising from a business cooperation arrangement and the acquisition of PT Jembatan Nusantara (2019–2022), with state losses set at IDR 1.25 trillion. Objective: This study examines the juridical construction of the Business Judgment Rule (BJR) in the majority and dissenting opinions of Decision Number 68/Pid.Sus-TPK/2025/PN Jkt.Pst and formulates operational parameters distinguishing BJR-protected business decisions from corruption offenses under Law Number 1 of 2025. Methods: This study applies a normative juridical method that integrates statutory, case-based, and conceptual approaches to distinguish business decisions sheltered by the BJR from corruption offenses under Law Number 1 of 2025 on SOEs. Results: The majority panel held that the BJR is subject to the cumulative thresholds of Article 97(5) of the Company Law and Article 9F of the 2025 SOE Law; gross negligence (culpa lata) removes BJR protection. The dissent found no mens rea, disputed the state-loss calculation, and treated IDR 11.2 billion in due diligence as evidence of compliance. From this divergence, five cumulative parameters emerge: decision quality, degree of negligence, integrity of approval documents, character of loss, and presence of fraud or conflict of interest. Conclusion: This study offers a theoretical contribution to BJR doctrine in SOE corruption jurisprudence and provide a practical guide for Corruption Court panels in distinguishing legitimate business risk from criminal liability of SOE directors.

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