cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Reza Muamar Zaki
Contact Email
info@polteksci.ac.id
Phone
+6287743788687
Journal Mail Official
support@jolastic.id
Editorial Address
Desa Penambangan, Sedong, Cirebon, Jawa Barat
Location
Kab. cirebon,
Jawa barat
INDONESIA
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 149 Documents
 11   12   13   14   15 
Medicolegal Services in Hospitals: Ensuring Legal Certainty and Justice for Malpractice Victims of Misdiagnosis Rommy Sebastian
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.v4i3.134

Abstract

Background: Medicolegal services are essential for protecting patients affected by malpractice resulting from misdiagnosis. However, Law Number 17 of 2023 on Health and related regulations do not explicitly require standardized medicolegal units in hospitals, creating legal uncertainty, weak evidence management, and unequal positions between patients and medical professionals. Objective: This study aims to analyze the existing legal protections for patients affected by misdiagnosis, examine the necessity of medicolegal services in hospitals, and formulate a medicolegal service model that ensures legal certainty, proportional protection for patients and healthcare professionals, and justice in medical dispute resolution. Methods: This research employed a normative-empirical legal approach using statutory, conceptual, and comparative methods. Primary data were collected through interviews with medical practitioners, hospital legal officers, and forensic medicine experts, while secondary data were obtained from legislation, legal literature, and relevant academic sources. The data were analyzed qualitatively using a descriptive-analytical approach. Results: The findings reveal that current legal protections for patients remain fragmented and have not been integrated into a comprehensive hospital-based medicolegal system. The absence of mandatory medicolegal units weakens documentation, medical audits, and preliminary clarification processes, thereby reducing the effectiveness of dispute prevention and resolution. Conclusion: A standardized medicolegal service model is needed, supported by stronger legal foundations, clear authority, procedural standards, and the principles of legal certainty and justice, to create fairer and more effective medical dispute resolution.
Securitization and Utilitarianism in Carbon Exchange Policy: A Critical Analysis of Indonesia’s Regulatory Framework Marino Paat
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.v4i3.141

Abstract

Background: Corporate sustainability has become a major concern in emerging markets as companies face increasing pressure to comply with economic regulations, environmental, social, and governance (ESG) standards, and stakeholder expectations. However, weak legal enforcement, fragmented regulatory frameworks, and inconsistent ESG implementation often limit corporate accountability and sustainable business performance. Objective: This study aims to examine the relationship among economic law governance, ESG pressure, and corporate sustainability performance in emerging markets. Methods: This study uses a conceptual and literature-based approach by synthesizing recent scholarly discussions on economic law, ESG implementation, corporate governance, regulatory quality, and sustainability management. Results: The findings indicate that strong economic law governance contributes to legal certainty, improves corporate accountability, and encourages companies to integrate ESG principles into their business strategies. ESG pressure from regulators, investors, consumers, and other stakeholders also promotes transparency, risk management, and long-term value creation. Nevertheless, the effectiveness of ESG implementation depends on regulatory consistency, institutional enforcement, and managerial commitment. Conclusion: Economic law governance and ESG pressure play important roles in strengthening corporate sustainability performance. This study contributes to the literature by integrating legal, economic, and management perspectives to explain how responsible business practices can be advanced in emerging markets.
Integration of Normative and Empirical Approaches in Modern Legal Research KMS Herman; Imanudin Suwardi; Alfin Suherman; Beby Savitri; Edy Krispono
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.v4i3.143

Abstract

Background: Legal research often faces a methodological gap between law in books and law in action, which limits the understanding of why legal norms are not always effectively implemented in society. Objective: This study aims to examine methodological challenges in modern legal research by exploring the relationship between normative and empirical approaches from a socio-legal perspective. Methods: This study employs a normative-empirical literature-based approach using socio-legal analysis. Secondary data, including legal regulations, court decisions, and previous empirical studies, were analyzed through literature reviews and document analysis to identify gaps between legal norms and their implementation in practice. Results: The findings demonstrate that the relationship between law in books and law in action is dynamic and frequently influenced by social, cultural, economic, and power-related factors. Normative approaches alone cannot fully explain legal realities, whereas empirical approaches may lack sufficient prescriptive orientation. A socio-legal approach provides an integrative framework by combining normative analysis, empirical inquiry, and contextual interpretation. Conclusion: This study proposes a multi-level integrative socio-legal research design that bridges normative and empirical dimensions, enabling legal analysis to understand law not only as a system of formal rules but also as a living social practice.
Weaknesses and Future Ideas of Bawaslu as an Election Conflict Resolution Institution in Indonesia Abra, Emy Hajar
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.v4i3.144

Abstract

Background: Bawaslu, as an electoral conflict resolution institution in Indonesia, faces persistent challenges, including the ineffectiveness of Gakkumdu, inconsistent normative interpretations, and the prevalence of money politics. Objective: This research aims to identify the weaknesses of Bawaslu as an institution for resolving electoral disputes, particularly during the 2024 election, and to formulate institutional strengthening strategies for Bawaslu within Indonesia’s electoral legal system. Methods: This study employs normative doctrinal legal research using statutory, conceptual, and analytical approaches, supported by primary and secondary legal materials. Data analysis is conducted through qualitative legal interpretation by systematically examining regulatory provisions to identify normative gaps and institutional weaknesses. Results: Three systemic weaknesses were identified: (1) formalistic procedural requirements that hinder the prosecution of money politics violations; (2) institutional design weaknesses within Gakkumdu that contribute to inter-agency deadlocks; and (3) a permissive legal culture that undermines the neutrality of election organizers. Conclusion: Strengthening Bawaslu requires the harmonization of electoral regulations, reconstruction of Gakkumdu’s institutional design, reinforcement of Bawaslu’s binding enforcement authority, and cultivation of an ethical legal culture among election organizers based on substantive justice.
Protection of Women Workers in the Informal Sector from Sexual Violence and Harassment in the Perspective of ILO Convention No. 190: A Comparative Study of Indonesia and the Philippines Natasya Indras Febiola; Joko Ismono
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.v4i3.145

Abstract

Background: Sexual violence and harassment against women workers in Indonesia’s informal sector constitute a growing systemic crisis, compounded by the absence of comprehensive legal protections specifically designed for this vulnerable group. Despite the increasing number of reported cases, Indonesia has not yet ratified ILO Convention No. 190 (2019) on Violence and Harassment, resulting in a critical normative gap within the existing protection framework. Objective: This study aims to identify normative gaps in Indonesia’s legal system by examining the root causes of the problem through the perspectives of legal protection theory, human rights theory, and feminist legal theory. It also conducts a comparative study with the Philippines, which has ratified ILO Convention No. 190 and enacted the Safe Spaces Act of 2019. Methods: This study employs a qualitative research method using a normative legal approach, a comparative legal approach, and a legislative analytical approach to examine relevant legal frameworks and regulatory developments. Results: The results of this study indicate the existence of significant legal gaps in protecting women workers in the informal sector from violence and harassment, while the Philippines has demonstrated more progressive developments in adopting and implementing international labor protection standards. Conclusion: This study recommends the ratification of ILO Convention No. 190, the establishment of specific regulations to protect informal sector workers, an examination of the factors underlying Indonesia’s delayed ratification of ILO Convention No. 190, and the strengthening of complaint mechanisms that are victim-friendly and gender-responsive.
Legal and Moral Integration in the Regional Regulation on Halal Tourism in NTB Province with the Local Culture of the Sasak Tribe Muhamad Zamroni
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.v4i3.147

Abstract

Background: Regional Regulation No. 2 of 2016 establishes halal tourism as a strategy to promote economic growth and community welfare through sharia-compliant facilities, products, services, and management. However, the growth of international tourism may encourage cultural acculturation in Lombok. Objective: This study evaluates the regulation by using local customs as a miqyas (benchmark) of maslahah to support economic development and community welfare while preventing ideological conflicts within the Sasak community. Methods: This study employs a qualitative socio-legal approach that combines field research and literature review. Data were collected through observations and interviews with traditional leaders, religious figures, tourism practitioners, and community members in West Nusa Tenggara Province. Data analysis followed qualitative descriptive stages, with triangulation applied to ensure data validity. Results: The findings indicate that the NTB Provincial Regulation No. 2 of 2016 on Halal Tourism can function as an instrument of maslahah when its implementation integrates the customary values (awiq-awiq) of the Sasak community as miqyas (benchmarks). Conclusion: Legal and moral integration in halal tourism policy requires alignment with the principles of maqashid al-shariah and Sasak customary values to achieve comprehensive benefits.
Governing the Sea as Commons: From the Tragedy of Open Access toward Rights-Based, Multispecies Community Governance in Coastal Bengkulu Erwin Basrin; Septri Widiono
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.v4i3.150

Abstract

Background: Coastal communities in Bengkulu face ecological degradation and resource conflicts resulting from tensions between customary marine governance systems and capital-driven exploitation. Objective: This study examines marine governance across Enggano Island, Pasar Seluma, Linau, and Merpas using the Commons, Rift, and Justice (CRJ) framework, which integrates commons governance, metabolic rift theory, and multispecies justice perspectives. Methods: A qualitative comparative case study design was employed. Data were collected through field observations, in-depth interviews with 47 key informants, six focus group discussions, and critical discourse analysis of the Regional Spatial Plan (Rencana Tata Ruang Wilayah [RTRW]) and the Coastal and Small Islands Spatial Plan (Rencana Zonasi Wilayah Pesisir dan Pulau-Pulau Kecil [RZWP3K]). Results: The absence of legally recognized customary marine tenure emerged as the primary driver of ecological decline and resource conflicts. Although local communities possess strong customary institutions, they lack formal authority to regulate access and enforce sanctions. Enggano has mapped a three-nautical-mile customary marine territory, Pasar Seluma has initiated marine spatial mapping, and Kaur communities have implemented temporary octopus habitat closures and ecological monitoring since 2020. These initiatives are consistent with Ostrom’s design principles but remain legally unenforceable under the current governance framework. Conclusion: Recognizing customary marine rights and establishing rights-based co-management through a Customary Marine Council are essential for strengthening community authority, restoring coastal ecosystems, limiting exploitative access, and advancing multispecies justice in Bengkulu.
Legal Review of the Administration of Aesthetic Clinics Consumer Protection and Legal Liability in the Administration of Aesthetic Clinics: A Normative Juridical Analysis under Indonesian Health Law Sri Primawati Indraswari; Dadan Taufik Fathurohman
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.v4i3.151

Abstract

Background: The rapid growth of aesthetic clinics reflects changing lifestyles and increasing demand for beauty care services. However, consumers often face difficulties in selecting safe and trustworthy aesthetic services, resulting in complaints, legal disputes, and potentially fatal consequences. Objective: This study analyzes Indonesia’s legal framework governing aesthetic clinics, the gap between normative provisions (das Sollen) and their implementation (das Sein), as well as the forms of consumer protection and legal liability applicable to aesthetic clinic services. Method: This normative juridical research employed statutory, conceptual, and case approaches. The primary legal materials included Law Number 17 of 2023 concerning Health, Law Number 8 of 1999 concerning Consumer Protection, and Minister of Health Regulation Number 17 of 2024. These materials were supported by secondary and tertiary legal sources, which were analyzed using descriptive and interpretive methods. Results: Significant implementation gaps were identified, including noncompliance with licensing requirements, inadequate informed consent procedures, invasive aesthetic procedures performed by unqualified personnel, and weak supervision by regional health authorities. Conclusion: Although the regulatory framework is normatively comprehensive, its implementation remains inadequate. Strengthening consumer protection requires improved public education, enhanced regulatory supervision, and consistent enforcement of civil, criminal, and administrative liability mechanisms to ensure consumer and patient safety.
Interfaith Marriage reviewed from Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage Nasir, Muhammad
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.v4i3.154

Abstract

Background: Cross-religious matrimonial unions remain a contested juridical issue in Indonesia. The 2019 amendment to the 1974 Marriage Law left interfaith marriage unaddressed, perpetuating divergent judicial and administrative interpretations regarding its permissibility and registrability. Objective: This study examines the regulatory treatment of interfaith marriage within the post-2019 amendment framework and evaluates its juridical status under prevailing Indonesian law. Methods: A normative-doctrinal methodology was adopted, combining statutory, conceptual, and case-law approaches. Primary, secondary, and tertiary legal sources were examined using qualitative interpretive techniques. Results: The analysis reveals that Article 2(1) conditions the validity of marriage on compliance with religious law, effectively preventing marriages between couples whose respective faiths impose divergent matrimonial requirements. This statutory mechanism, combined with the absence of specific provisions governing interfaith marriage, creates persistent legal ambiguity concerning registration procedures and the protection of spouses’ rights. Conclusion: Targeted regulatory reform is warranted to promote legal certainty, equity, and practical applicability without undermining the religious foundations underpinning Indonesian marriage law.
Normative Model for SOE Procurement Contract Disclosure as a Corruption Prevention Strategy in Indonesia Andi Wahyu Wibisana
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.v4i3.156

Abstract

Background: Procurement corruption in Indonesian state-owned enterprises (SOEs) persists through contract manipulation practices, including mark-ups, directed tendering, fictitious entities, and engineered contract addenda. Although Article 33 of the 1945 Constitution and existing laws uphold the principles of transparency and accountability, no operational regulation currently requires SOEs to proactively disclose procurement contracts, addenda, and implementation reports. Objective: This study develops a normative model for SOE procurement contract disclosure as a pre-emptive and systemic strategy for corruption prevention. Methods: This dogmatic normative legal research applies statutory, conceptual, case-based, and comparative approaches. It examines the 1945 Constitution, the SOE Law, the Anti-Corruption Law, the Public Information Disclosure Law, SOE procurement regulations, Information Commission decisions, selected corruption cases involving PLN, Merpati, Pelindo II, and Amarta Karya, as well as international open-contracting standards. The analysis maps legal norms, identifies regulatory gaps, examines fraud patterns, and constructs a model based on Fraud Diamond Theory. Results: The study identifies a gap between transparency principles and enforceable disclosure obligations, enabling contractual secrecy that increases opportunities for fraud and strengthens perpetrators’ capabilities. The proposed model requires the disclosure of principal contracts and addenda, proactive publication through standardized electronic platforms, proportionate protection of legitimate trade secrets through consequence tests, independent verification mechanisms, and graduated administrative sanctions linked to the performance of SOE organs. Conclusion: Procurement contract disclosure should be institutionalized as a binding preventive instrument to strengthen public oversight, mitigate procurement fraud risks, and realize economic democracy as mandated by Article 33 of the 1945 Constitution.

Page 14 of 15 | Total Record : 149

 11   12   13   14   15 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Vol. 4 No. 4 (2026): Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics Vol. 4 No. 2 (2026): Journal of Law and Social Politics Vol. 4 No. 1 (2026): Journal of Law and Social Politics Vol. 3 No. 2 (2025): Journal of Law and Social Politics Vol. 3 No. 1 (2025): Journal of Law and Social Politics Vol. 2 No. 2 (2024): Journal of Law and Social Politics Vol. 2 No. 1 (2024): Journal of Law and Social Politics Vol. 1 No. 4 (2023): Journal of Law and Social Politics Vol. 1 No. 3 (2023): Journal of Law and Social Politics Vol. 1 No. 2 (2023): Journal of Law and Social Politics Vol. 1 No. 1 (2023): Journal of Law and Social Politics More Issue