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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 149 Documents
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The Missing Asset Recovery Practitioner: Comparative Lessons for Indonesia’s Asset Forfeiture Law Johannes Ronald Elyeser Roparulian Hutagalung; Hulman Panjaitan; Tomson Situmeang; Inri Januar
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.v4i3.158

Abstract

Background: Indonesia’s Draft Asset Forfeiture Law authorizes the Attorney General’s Body for Asset Recovery (BPA) to trace, manage, and liquidate criminal assets. Despite generating Rp19.6 trillion in non-tax state revenue in 2025 under Article 30A of Law No. 11 of 2021, the draft’s three proposed practitioner categories—Asset Recovery Prosecutor, Government Assessor Official, and Evidence Custodian—lack functional-position status under Law No. 20 of 2023. The Civil Curator under PermenPAN-RB No. 15 of 2020 remains an uncertain institutional analogue. Objective: This study assesses whether the Civil Curator framework accommodates the pro justitia functions of the BPA and identifies relevant comparative lessons from the United States, Australia, France, and the United Kingdom. Methods: Using a qualitative comparative socio-legal approach, this study examines legislation, the Draft Law, the BPHN Academic Paper, and the BPA’s 2026 institutional position paper. Statutory, conceptual, and comparative analyses apply Ambtenleer, Gulick’s specialization theory, and Friedman’s legal-system framework to evaluate institutional mandates, investigative and custodial roles, functional positions, and accountability mechanisms. Results: The Civil Curator is designed for reactive, court-ordered civil functions under the Ministry of Law and Human Rights, rendering it structurally incompatible with the BPA’s proactive asset recovery mandate. All four comparator jurisdictions separate investigative functions from custodial and asset management responsibilities. Conclusion: The separation of investigative and curatorship functions is an institutional necessity. The Draft Law should include a lex specialis provision establishing Asset Recovery Practitioner functional positions within the Attorney General’s Office to address this rechtsleemte.
The Legal Politics of Hajj and Umrah Legislation: The Hybridity of Sharia Norms and the Response to Contemporary Dynamics Fifidiana Fifidiana; Irfan Mas’ud Abdullah
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.v4i3.159

Abstract

Background: The administration of Hajj and Umrah in Indonesia reflects the intersection between the state’s obligation to guarantee religious freedom and the need for law to respond to social, economic, and technological developments. Objective: This study analyzes the legal politics underlying Law Number 14 of 2025 concerning the Third Amendment to Law Number 8 of 2019 on the Administration of Hajj and Umrah, focusing on its legal-political foundation and normative hybridity. Methods: This research employs a juridical-normative method with a prescriptive-analytical legal-political approach to examine the legal considerations, provisions, and elucidation of the law. Results: The findings reveal two normative poles. Existing norms formalize Sharia values through Sharia principles, ritual definitions, standardization of manasik, and dam governance. New norms respond to contemporary developments through independent Umrah, regulation of non-quota visas, emergency mechanisms, and development of the Hajj economic ecosystem. Conclusion: The coexistence of formalized religious norms and state-created regulatory norms constitutes a distinctive form of normative hybridity. It demonstrates an expansion of the state’s role beyond administrative management toward substantive ritual regulation, economic ecosystem management, and risk governance. Indonesia’s explicit legislative formalization of this hybridity also distinguishes its regulatory model from those adopted in Saudi Arabia, Malaysia, and Turkey.
Legal Accountability of Hospitals in the Fulfillment of Patient Rights Based on Permenkes Number 6 of 2026 concerning Hospitals Dian Hotmaida Sinambela; Lisa Fransisca; Narimani Ganjaring HR; Yanti Ratnasari; Agustinus Purnomo Hadi
Journal of Law and Social Politics Vol. 4 No. 4 (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.v4i4.162

Abstract

Background: Hospitals are healthcare institutions required to provide safe, effective, high-quality, and patient-centered services. Following Law Number 17 of 2023 concerning Health, the Indonesian Government issued Minister of Health Regulation Number 6 of 2026 concerning Hospitals (Peraturan Menteri Kesehatan Nomor 6 Tahun 2026 tentang Rumah Sakit) as a legal framework for hospital governance and administration. However, violations of patients’ rights may still occur, creating a need for legal certainty regarding hospital liability. Objective: This study aims to analyze the regulation of patients’ rights and hospital obligations under Minister of Health Regulation Number 6 of 2026 concerning Hospitals and to examine the forms of hospital legal liability in fulfilling patients’ rights. Methods: This normative legal research employs statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively. Results: The findings indicate that Minister of Health Regulation Number 6 of 2026 concerning Hospitals requires hospitals to fulfill patients’ rights through standardized healthcare services, the provision of adequate information, protection of patient privacy, patient safety, and access to quality healthcare. Violations may result in administrative, civil, or criminal liability in accordance with applicable laws and regulations. Patient protection may be pursued through complaint mechanisms, mediation, alternative dispute resolution, or litigation. Conclusion: Strengthening supervision, improving hospital regulatory compliance, and optimizing legal protection mechanisms are essential to ensuring the effective fulfillment of patients’ rights.
Principles for Responsible Banking (PRB): Legal Analysis from the Perspective of Maqashid Shariah (Islamic Shariah) Elyana Novira; Desmal Fajri
Journal of Law and Social Politics Vol. 4 No. 4 (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.v4i4.164

Abstract

Background: The sustainable finance paradigm has encouraged banks to integrate environmental, social, and governance (ESG) considerations into their business activities. The Principles for Responsible Banking (PRB), launched by the United Nations Environment Programme Finance Initiative (UNEP FI) in 2019, is a leading global framework for responsible banking. Content analysis studies of Islamic banks’ sustainability reporting in Indonesia show that disclosure still largely follows ESG and regulatory reporting formats, with limited articulation of Maqashid Shariah. Objective: This study analyzes the conformity of the six PRB principles with Maqashid Shariah and reconstructs a Maqashid-Based Responsible Banking model. Methods: Normative juridical legal research is employed as the research design, using statutory, conceptual, and comparative approaches. Qualitative content analysis is applied to regulations, PRB documents, and Islamic legal literature. Results: Alignment and transparency converge with Hifz al-mal and amanah; impact and target setting with Hifz al-nafsand Hifz al-nasl; clients, customers, and stakeholders with al-‘adl and maslahah; and governance and culture with Hifz al-din and hifz al-‘aql. The convergence is substantive but partial because the PRB is grounded in a universal, secular framework, whereas Maqashid Shariah is grounded in revelation. Conclusion: Partial convergence indicates that PRB indicators require normative supplementation rather than direct adoption. The study formulates a Maqashid-Based Responsible Banking model that pairs the six PRB principles with a Maqashid Shariah Index and recommends sector-specific guidance for Islamic banks beyond POJK No. 51/POJK.03/2017, as well as empirical validation of the proposed indicators.
Habib Husein Ja'far's Personal Branding on Social Media from the Perspective of Islamic Broadcasting Communication Erlan Gantira; Widia Ningsih; Septien Dwi Savandha; Diana Magfiroh; Ade Fitria Fatimah
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.v4i1.170

Abstract

The rapid development of social media has transformed the pattern of Islamic preaching (da'wah) in Indonesia by providing a broader, more interactive, and more accessible digital communication space. This phenomenon encourages Muslim preachers to develop personal branding as a communication strategy for delivering Islamic messages. This study aims to analyze the personal branding of Habib Husein Ja'far on social media from the perspective of Islamic Broadcasting Communication. The research employed a qualitative approach using qualitative content analysis. The data were collected from Habib Husein Ja'far's social media content, including YouTube, Instagram, and other digital platforms, supported by relevant literature. The analysis was conducted using Montoya and Vandehey's Personal Branding theory, Rampersad's Authentic Personal Branding concept, Hovland, Janis, and Kelley's Source Credibility theory, and the principles of Islamic Broadcasting Communication. The findings reveal that Habib Husein Ja'far has established his personal branding as a young Muslim preacher who is moderate, inclusive, dialogic, and closely connected with younger audiences. His personal branding is strengthened by scholarly competence, consistency in delivering Islamic messages, integrity, a humanistic communication approach, and the effective use of social media as a medium for da'wah. From the perspective of Islamic Broadcasting Communication, his personal branding reflects the Islamic values of ?idq (truthfulness), amanah (trustworthiness), tabligh (effective message delivery), and fathanah (wisdom and intelligence), as well as the principles of bil hikmah, mau'izhah hasanah, and mujadalah billati hiya ahsan in conveying Islamic teachings. This study concludes that personal branding grounded in Islamic communication ethics can enhance the effectiveness of digital da'wah while strengthening the credibility of Muslim preachers in contemporary society.
Digital Asset Insolvency in the Blockchain Era: A Framework for Bankruptcy Law Yalid Yalid; Yeni Triana; Irawan Harahap; Riantika Pratiwi; Emir Adzan Syazali
Journal of Law and Social Politics Vol. 4 No. 4 (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.v4i4.173

Abstract

Background: Blockchain-based assets increasingly operate as investment and commercial property, yet their decentralized architecture, pseudonymous control, volatility, and cross-border transferability challenge conventional bankruptcy mechanisms. Objective: This study examines how digital assets may be treated under insolvency law, identifies legal and operational obstacles to their administration, and develops a Digital Asset Insolvency Framework for Indonesia. Methods: Using normative legal research, the study combines statutory, conceptual, comparative, and case approaches. Indonesia is assessed against developments in the United Kingdom, Singapore, and the United States across property status, disclosure, control, valuation, liquidation, distribution, and institutional capacity. Results: Digital assets may be recognized as property and included in a bankruptcy estate where applicable legal doctrine supports their economic value, transferability, identifiability, and effective control. The analysis nevertheless identifies persistent gaps in wallet disclosure, private-key access, ownership verification, valuation timing, liquidation security, and cross-border recovery. The study's novelty lies in an integrated five-pillar framework linking disclosure-based transparency, access-based control, adaptive valuation, secure liquidation and distribution, and institutional capacity. This framework translates comparative legal developments into operational guidance for Indonesian insolvency governance. Conclusion: A technology-responsive insolvency regime should combine legal recognition with enforceable access, valuation, liquidation, and institutional mechanisms so that digital assets can be administered transparently while protecting creditor equality and asset value.
Engaging a School’s Leadership Team in Re-envisioning Professional Learning for Public Secondary Educators through the PAR Experience in Cambodia Sarom Mok; Ramy Chhun; Sophay Sim; Satya Yen; Sophal Yoeun
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.v4i1.178

Abstract

Background: Professional development (PD) for public secondary educators is commonly one-size-fits-all, fragmented, and short-term, lacking a coherent vision for collaborative teaching and learning. Such opportunities rarely model the creativity and depth required in classrooms, leading teachers to doubt district-mandated sessions and limit participation to compulsory trainings. Despite growing interest in Participatory Action Research (PAR), little evidence exists on how it can reshape professional learning within Cambodian secondary schools. Objective: This study examined the experiences of a school’s leadership team as participants in PAR to identify the resources educators need to acquire the skills and knowledge that make a difference for students. Methods: Grounded in teamwork, the PAR positioned participants as co-researchers who assessed resource needs, reviewed existing procedures, and devised workable plans; the study was conducted with participants rather than on them to bridge research and practice. Results: Findings revealed the need for a more diversified, transparent, and strategic PD framework, including expanded online and hybrid options, clearer training requirements, differentiation by experience, subject, and role, stronger peer collaboration and learning committees, and attention to structural barriers such as workload, coverage, and funding. Conclusion: A collaborative PAR approach empowers educators to own their PD, producing relevant, context-responsive systems that enhance teacher practice and student achievement.
Cyber-Balkanisation, Hate Speech, And Discursive Civility In The Digital Age Okhueleigbe Okhueleigbe; Osemhantie Amos
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.v3i2.203

Abstract

This study investigated cyber-balkanisation, online hate speech, and the systematic erosion of discursive civility within highly polarised digital public spheres. The central aim was to examine how platform-specific algorithms interact dynamically with user homophily to insulate communities, normalise hostility, silence moderate participants, and evaluate structural interventions. Guided by Cognitive Dissonance, Desensitisation, and the Spiral of Silence theories, the research employs a quantitative computational simulation and empirical network analysis of a structured, localised corpus of 1,200 social media posts. The findings reveal extreme balkanisation in partisan environments, with Echo Chamber Indices reaching 0.91 and 0.87. Furthermore, a strong positive correlation (r \approx 0.89, p < 0.001) was established between network insulation and toxicity density, which peaked at 24.0%. Consequently, a severe communicative chilling effect emerged, forcing 72.7% of moderate users to self-censor, while 66.7% of partisan users engaged in aggressive retaliation. To restore civility, predictive modeling simulated key mitigation pathways, demonstrating that systemic algorithmic redesigns yield a highly significant 52.1% net reduction in toxic content, outperforming accountable moderation policies (36.7%) and behavioral nudging prompts (22.9%). This study concludes that safeguarding deliberative democratic digital spaces requires shifting from individual behavioral policing to structural, system-level platform accountability. Therefore, it is recommended that platform developers implement diversity-optimized bridging algorithms to dismantle homophilic loops, establish stricter policies, and protect moderate voices in public digital forums.
Digital Theft and Copyright Laws in Karachi Pakistan: A Case in Point Qanita Imtiaz; Syed Shabahat Hussain Rizvi
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.v4i3.231

Abstract

Background: The rapid expansion of digital technologies has intensified digital piracy and copyright infringement in Pakistan, where weak enforcement and limited public awareness continue to challenge copyright protection. Previous studies have largely focused on copyright legislation and institutional enforcement, while empirical evidence regarding users’ legal, ethical, and social perceptions of digital piracy remains limited. Objective: This study aims to examine the relationship between users’ legal, ethical, and social perceptions and their attitudes toward digital piracy, unauthorized use of digital materials, and plagiarism among digital technology users in Karachi. Methods: A quantitative descriptive-analytical design was employed involving 59 respondents selected from a population of 70 through non-probability convenience sampling. Data were collected using a structured questionnaire with a five-point Likert scale and analyzed using descriptive statistics and regression analysis. Results: The first regression model showed that perceiving unauthorized software or data transfer as a legal violation significantly predicted attitudes toward purchasing pirated music (? = 0.321, p = 0.025; R² = 0.263). The second model demonstrated that perceiving pirated music purchases for others as ethically and legally problematic significantly predicted social disapproval of plagiarism (? = 0.276, p = 0.035; R² = 0.323). Conclusion: The findings support Social Learning Theory and indicate that legal, ethical, and social perceptions influence attitudes toward digital piracy and plagiarism. Therefore, copyright enforcement should be complemented by digital ethics education and public awareness initiatives to strengthen responsible digital behavior.

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