Journal of Law, Politic and Humanities
type: channel
description: Journal of Law, Politic and Humanities (JLPH) from Volume 5 Number 2 of 2024 to Volume 10 Number 1 of 2029 Accredited Sinta Rank 3 according to Accreditation number: 295/C/C3/KPT/2026, February 3rd, 2026. Journal of Law, Politic and Humanities (JLPH) is a research journal in the field of Law, Humanities, and Politics published since 2020 by Dinasti Research Publisher under the auspices of the Yayasan Dharma Indonesia Tercinta (DINASTI) and Universitas Winaya Mukti (UNWIM) Bandung. This journal aims to disseminate research results to academics, practitioners, students, and other parties with an interest in the field of law. The editor accepts manuscripts that have never been published by other media. Published research is the personal opinion of the researcher and not the opinion of the editor or Dinasti Research. The journal is published periodically 6 (six) times a year. The selection of articles to be published in JLPH has gone through a review process by the editorial team taking into account the following matters: Fulfillment of the requirements for journal publication standards, research methods used, significance, and contribution of research results to the development of Law and Social Sciences.
publisher: Dinasti Research
language: en-US
publication name: Journal of Law, Politic and Humanities
issn: 2747-1985
copyright: Authors who publish their manuscripts in this journal agree to the following conditions: The copyright on each article belongs to the author(s). The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0). Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
items: Analysis of Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw Regarding Payment of Tax Arrears in the Crime of Tax Evasion
items: The Concept of State Financial Losses in Criminal Acts of Corruption After Constitutional Court Decision Number 28/PUU-XXIV/2026
items: The Validity of Receivables Transfer (Cessie) After A Bankruptcy Declaration (A Case Study of The Curator Team of PT Perinco Graha Lestari V. PT Bank DBS Indonesia)
items: Legal Analysis of the Handling of Money Laundering Crimes (Money Laundering) in Bengkulu City Based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes
items: Criminal Legal Politics Regarding Alleged Medical Malpractice As an Effort to Ensure Legal Certainty In Health Services In Indonesia
items: Transparency in Educational Institutions as the Key to Successfully Addressing Sexual Violence Crimes in Higher Education
items: Legal Analysis of The Impact of Budget Efficiency on The Performance of Trubus Village Government, Kabupaten Bangka Tengah
items: Gender Equality among the Sasak Indigenous Community in the Practice of Merariq Kodeq
items: The Legal Implications For The Community That Owns Buildings on The Ground In The Civic Center Area of South Central Timor Regency are Reviewed From Law Number 26 Of 2007 Concerning Spatial Planning
items: The Impact Of Overlapping Land Claims In Penkase Subdistrict (An Analysis Based On Court Rulings)
items: The Urgency of Regulating Anti-Circumvention Rules in Indonesia and ASEAN: The Case of Alleged Circumvention of Indonesian Refined Sugar to Vietnam
items: Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia
items: Comparison of Press Freedom from a Legal Perspective A Study of Indonesia and Norway
items: Analysis of The Bank's Civil Liability For Employees' Tortious Acts Committed Outside The Bank's Operational System
items: Behind the Defeat of Local Incumbents: A Systematic Review of Economic Voting, Patronage, Party Conflict, and Electoral Accountability in Democratic Elections
items: Government Coordination In Anticipation of The Mount Merapi Eruption Disaster In Sleman Regency, DIY
items: Criminal Imposition on Perpetrators of Joint Violence Resulting in Death from the Perspective of Islamic Jurisprudence
items: The Urgency of Reforming Consumer Protection Law in Encountering to the Digital Business Ecosystem in Indonesia
items: Personal Appearance Before The Notary In Deed-Making Through The Concept Of Cyber Notary
items: Legal Analysis Regarding The Implementation of The Indonesian Game Rating System (IGRS) in The Protection of Child Consumers in Indonesia
items: Reconstruction of the Legal Responsibility of the Public Accounting Profession Based on Professional Protection and Due Process of Law
items: The Legal Certainty of Digital Consent In The Formation of Electronic Contracts is Reviewed From The Principle of Consensualism
items: A Review Of Victimology Of Victims Of Online Fraud In E-Commerce Transactions In Karawang Regency In Connection With The Lifestyle Exposure Theory
items: The Principle of Good Faith In The Filing of A Bankruptcy Application by A Separated Creditor Against A Debtor (Case Study Of Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020)
items: Industrial Accidents as Corporate Crimes: An Analysis of PT ASL Shipyard Batam's Liability under Indonesia’s National Criminal Code
items: Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia
items: Legal Protection Against Copyright Infringement in Film Piracy: A Case Study of Cinema Recordings and Piracy on Digital Platforms. Constitutional Court Decision No. 84/PUU-XXI/2023
items: The Effectiveness of Somasi as A Means of Resolution of Civil Disputes: A Study of Practices at Al Haq Law and Firm
items: Cross-Border Personal Data Transfer Requirements under Indonesia’s Personal Data Protection Law: Normative Clarity and Legal Protection
items: The Validity Of Receipts As Proof Of Payment In Land Sales And Purchases And Its Implications For Legal Certainty (Study Of Decision Number 11/Pdt.G/2024/Pn Majalengka)
items: Implementation Of Carbon Tax as an Effort to Improve The Economy and Preserve The Environment
items: A Juridical Analysis of the Regulation and Settlement of Breach of Contract in Civil Litigation: A Study of Decision Number 328/Pdt.G/2021/PN JKT.SEL
items: Recommendations for Prosecution Policies Concerning Offenders with Mental Disabilities in Indonesia from a Victimological Perspective
items: Criminal Responsibility Of National Road Organizers For Traffic Accidents On The Pantura Road As Seen From The Theory Of Legal Certainty
items: Protection of Constitutional Rights To A Good And Healthy Living Environment Through Post-Mining Fund Management In Bankruptcy Conditions: An Analysis Of State Authority In The PT Kobatin Case
items: Constitutional Democracy and Regulatory Vacuum During the Transition Period: A Study of Constitutional Court Decision No. 135/PUU-XXII/2024
items: The Effectiveness of Legal Protection For Daily Wage Workers in The Property Sector: A Substantive Justice Perspective
items: Protection of Citizens' Constitutional Rights in the Implementation of General Elections
items: Analysis of the Effectiveness of the Implementation of Home Affairs Ministerial Regulation No. 1 of 2016 in Resolving Legal Cases Regarding Lost Village Assets
items: Judicial Pardon Under Article 54(2) of the 2023 Criminal Code: A Proportionality Analysis of Sentencing in the Garut and Mempawah District Court Decisions
items: Legal Protection for Consumers Using Online Motorcycle Taxi Services in the Red Zone Area of Motorcycle Taxi Bases Linked to Law No. 8 of 19999 Concerning Consumer Protection
items: Legal Protection Theory for Inclusiveness Focusing on the Fulfillment of the Right to Work
items: Indonesian National Standard Criminal Acts That Are Mandatory For Producers
items: Judicial Legal Reasoning in the Ruling on PT Jiwasraya (Persero) Regarding Provest Saving Plan Policy Claims (A Study Of Decision Number 05/Pdt.G.S/2021/Pn.Jkt.Pst)
items: The Regulation of Wakaf Tunai Calon Pengantin as a Cash Waqf Scheme for Advancing Mashlahah for Family Economic Resilience
items: Juridical Analysis of the Use of a Power of Attorney to Sell Made Before a Notary that Gives Rise to the Criminal Act of Money Laundering (Case Study of Decision Number 248/Pid.B/2022/PN JKT.Brt)
items: Normative Review of EU Unilateral Data Flow Regulation and Non-Discrimination
items: Indonesian Air Force Transformation Strategy Towards Multi-Domain Operations (MDO) Through Adapting The Asian Country Model To Face Modern Warfare
items: https://dinastires.org/JLPH/article/view/3614
items: https://dinastires.org/JLPH/article/view/3690

Analysis of Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw Regarding Payment of Tax Arrears in the Crime of Tax Evasion
type: item
description: Taxes are mandatory contributions by citizens as a source of state revenue. The Crime of Embezzlement is detrimental to state revenue. In law enforcement, tax crime payments accompanied by administrative sanctions can stop the investigation or be considered as a fine. In practice, not all taxpayers who commit criminal acts are able to pay off tax arrears and administrative sanctions. This study aims to examine the principles of certainty, justice, and legal utility for the payment of tax arrears paid with an amount that has not been met in the crime of tax evasion. The method used is a normative approach with a literature study of relevant laws and regulations and literature as well as a case study of tax evasion crimes by not submitting a notification letter and not paying taxes. The results of this study show that in the Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw, the payment of tax arrears made by the corporate taxpayer defendant at the stage of the investigation of tax crimes is not counted as a payment of a fine as Article 44B paragraph (2c) of the HPP Law. It is concluded that the a quo decision has applied positive tax laws that reflect the principle of legal certainty, but this law enforcement ignores the principle of justice and the benefits of the payment, namely that the taxpayer does not get a reduction in the criminal fines imposed on him and the state does not get the recovery of state revenue losses as the purpose of law enforcement in the field of taxation.
creator: Joy Octorina Dwi Santy
rights: Copyright (c) 2026 Joy Octorina Dwi Santy https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-01
publication date: 2026-07-01
volume: 6
number: 5
starting page: 3040
ending page: 3050
doi: 10.38035/jlph.v6i5.3366

The Concept of State Financial Losses in Criminal Acts of Corruption After Constitutional Court Decision Number 28/PUU-XXIV/2026
type: item
description: This study examines the juridical analysis of the Constitutional Court Decision Number 28 of 2026 concerning the authority to calculate state financial losses in corruption cases. The background of this research lies in legal uncertainty due to overlapping authority among institutions in determining state losses, which is a crucial element in proving corruption cases. This study aims to identify the legal basis of institutional authority and the implications of the decision on law enforcement. The method used is empirical legal research with a socio legal approach, utilizing secondary data supported by primary data. The results indicate that the Supreme Audit Institution holds the primary constitutional authority to determine state financial losses, while law enforcement agencies are limited to preliminary calculations for investigative purposes. In conclusion, the decision clarifies the division of authority, enhances legal certainty, and strengthens the effectiveness of corruption law enforcement in Indonesia.
creator: Sihol Yonnes Siboro
rights: Copyright (c) 2026 Sihol Yonnes Siboro https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-01
publication date: 2026-07-01
volume: 6
number: 5
starting page: 3051
ending page: 3062
doi: 10.38035/jlph.v6i5.3365

The Validity of Receivables Transfer (Cessie) After A Bankruptcy Declaration (A Case Study of The Curator Team of PT Perinco Graha Lestari V. PT Bank DBS Indonesia)
type: item
description: This study examines the validity of debt transfer (cessie) conducted by a secured creditor after a bankruptcy declaration through the dispute involving the Curator Team of PT Perinco Graha Lestari against PT Bank DBS Indonesia and the assignee of the transferred receivables. The legal issue arises because, after the debtor is declared bankrupt, all assets of the debtor become subject to a general confiscation under the administration of the curator, while secured creditors still retain rights over the collateral attached to their receivables. This study aims to analyze the validity of cessie after a bankruptcy declaration and to examine the disparity in judicial considerations at the Commercial Court, Cassation, and Judicial Review levels. The research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, court decisions, and legal literature related to bankruptcy and cessie. The results show that the transfer of receivables by secured creditors after a bankruptcy declaration cannot be assessed solely under civil law provisions, but must also consider the principle of general confiscation and the curator’s authority under the Bankruptcy and Suspension of Debt Payment Obligations Law. The differing judicial considerations between the Commercial Court and the Supreme Court reflect variations in legal reasoning regarding the position of cessie after bankruptcy within the Indonesian bankruptcy system, which may affect legal certainty in its application.
creator: Habib Akbar
creator: Busyra Azheri
creator: Misnar Syam
rights: Copyright (c) 2026 Habib Akbar, Busyra Azheri, Misnar Syam https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-02
publication date: 2026-07-02
volume: 6
number: 5
starting page: 3063
ending page: 3675
doi: 10.38035/jlph.v6i5.3463

Legal Analysis of the Handling of Money Laundering Crimes (Money Laundering) in Bengkulu City Based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes
type: item
description: This study is entitled Juridical Analysis of the Handling of Money Laundering Crimes in Bengkulu City Based on Law Number 8 of 2010. The object of this research is the handling of money laundering crimes in Bengkulu City. This study aims to analyze law enforcement practices and identify obstacles in handling money laundering crimes. The research method used is empirical legal research with a socio-legal approach, examining secondary data supported by primary data from the field. The results show that the handling of money laundering crimes has been carried out in accordance with Law Number 8 of 2010, including investigation, evidentiary processes, and the role of related institutions. However, in practice there are still obstacles such as limited human resources, inadequate facilities, and lack of optimal coordination among law enforcement agencies. In conclusion, it is necessary to improve the capacity of law enforcement officers, strengthen inter-agency coordination, and optimize the implementation of the law to enhance the effectiveness of handling money laundering crimes.
creator: Nandi Rizqi Syahputra
rights: Copyright (c) 2026 Nandi Rizqi Syahputra https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-03
publication date: 2026-07-03
volume: 6
number: 5
starting page: 3676
ending page: 3684
doi: 10.38035/jlph.v6i5.3364

Criminal Legal Politics Regarding Alleged Medical Malpractice As an Effort to Ensure Legal Certainty In Health Services In Indonesia
type: item
description: Criminal sanctions are the last resort (last resort), from a series of stages of enforcing a legal rule. This last resort is the ultimate measure if enforcement mechanisms in other areas of law are ineffective. However, in the development of criminal law in Indonesia, criminal sanctions have shifted in certain cases, no longer serving as the ultimum remedium but as the primum remedium (primary remedy). The provisions of criminal sanctions asfirst remedyin health services can be seen from the resolution of medical disputes that have an extraordinary and large impact on society, and no longer consider other sanctions, because it may be felt that it is appropriate to immediately use or impose criminal sanctions, which is not the last remedy, considering that there are still many cases of medical disputes that are detrimental to society, and this is the core of criminal law politics.
creator: Indah Budiyanti
rights: Copyright (c) 2026 Indah Budiyanti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-03
publication date: 2026-07-03
volume: 6
number: 5
starting page: 3685
ending page: 3696
doi: 10.38035/jlph.v6i5.3358

Transparency in Educational Institutions as the Key to Successfully Addressing Sexual Violence Crimes in Higher Education
type: item
description: Sexual Violence is considered a disgrace for Education Units. Protective steps to protect the good name of educational units are also carried out in various ways so that they make cases of sexual violence unresolved and tend to experience repeated. Normative juridical research methods review the regulation of legal provisions in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence and Permendikbud 30/2021 on the one hand is associated with Higher Education policies on the other hand showing the inconsistency of Universities when handling cases of sexual violence. Research shows that universities that cover up sexual violence actually show inconsistencies in handling sexual violence. Ironically, efforts to cover up disgrace actually make the trust of the academic community and the community disappear to universities. Acts of sexual violence raise important legal issues, the importance of learning human dignity and dignity is not an object of sexual satisfaction.
creator: Aprilia Hana Pratiwi
creator: Hwian Christianto
creator: Tiara Prameswari
rights: Copyright (c) 2026 Aprilia Hana Pratiwi, Hwian Christianto, Tiara Prameswari https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-03
publication date: 2026-07-03
volume: 6
number: 5
starting page: 3697
ending page: 3705
doi: 10.38035/jlph.v6i5.3325

Legal Analysis of The Impact of Budget Efficiency on The Performance of Trubus Village Government, Kabupaten Bangka Tengah
type: item
description: This research aims to analyze the legal regulation of village budget efficiency and its implementation in the Trubus Village Government financial management, as well as to examine the legal impacts of budget efficiency on village government performance achievement based on indicators stipulated in statutory regulations. The research employs a normative legal method with statute approach, conceptual analysis, and case approach. Primary legal materials comprise the 1945 Constitution, Law Number 6 of 2014, Government Regulation Number 43 of 2014, Minister of Home Affairs Regulation Number 20 of 2018, and other relevant regulations, while secondary legal materials consist of scholarly journals, books, and village financial reports. Analysis was conducted through qualitative juridical methods by identifying legal norms, interpreting principles, and constructing relationships between budget efficiency and village government performance. Research findings indicate that legal regulations on village budget efficiency remain fragmentary and non-comprehensive, characterized by the absence of standardized efficiency measurement in sectoral regulations. Implementation in the Trubus Village Government demonstrates significant disparities between das sollen and das sein, where budgeting practices prioritize administrative compliance over resource optimization for performance achievement. The legal impact of budget efficiency on village government performance proves ambivalent: while promoting financial management accountability, it potentially impedes innovation and developmental program flexibility due to rigid interpretations of efficiency norms. This research recommends harmonizing village budget efficiency regulations through developing legal instruments that integrate efficiency principles with measurable performance indicators, strengthening village apparatus capacity through competency-based regulations, and establishing tiered supervisory mechanisms ensuring equilibrium be…
creator: Ngiat Hiung
creator: Abdul Rasyid Saliman
creator: Husni Thamrin
rights: Copyright (c) 2026 Ngiat Hiung, Abdul Rasyid Saliman, Husni Thamrin https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-03
publication date: 2026-07-03
volume: 6
number: 5
starting page: 3706
ending page: 3718
doi: 10.38035/jlph.v6i5.3467

Gender Equality among the Sasak Indigenous Community in the Practice of Merariq Kodeq
type: item
description: The practice of merariq kodeq, a form of child marriage commonly carried out through elopement or without the full and free consent of the parties involved, remains prevalent in West Nusa Tenggara and frequently results in violations of women's fundamental rights, particularly in the areas of education, health, and social participation. This study aims to examine the implementation of legal frameworks designed to reduce the occurrence of merariq kodeq and to evaluate the extent of legal protection afforded to women's rights within this practice among the Sasak indigenous community. The research employs a normative juridical approach, supported by interview data obtained from Sasak customary leaders. The findings reveal that the government has enacted several legal instruments intended to curb the practice of merariq kodeq, including Law No. 16 of 2019 on Marriage and the West Nusa Tenggara Regional Regulation No. 5 of 2021 on the Prevention of Child Marriage. The study finds, however, that the implementation and dissemination of these regulations have not been sufficiently effective, resulting in the continued prevalence of merariq kodeq within the community. With regard to the protection of women's rights, legal safeguards remain largely normative in nature, while customary norms frequently overlook the principle of women's free and informed consent. Women's access to education and reproductive health services also remains limited and inadequate. This study recommends greater integration between national legal frameworks and the transformation of customary law through the strengthening of the roles of customary leaders and local governments in mediation processes, the clarification of marriage dispensation mechanisms, and the provision of legal education aimed at empowering women as agents of social change. Future research is encouraged to adopt an empirical approach in order to assess the effectiveness of existing policies at the level of indigenous communities.
creator: Raden Susan Fauziyyah Hasan
creator: Sonny Dewi Judiasih
creator: Hazar Kusmayanti
rights: Copyright (c) 2026 Raden Susan Fauziyyah Hasan, Sonny Dewi Judiasih, Hazar Kusmayanti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-04
publication date: 2026-07-04
volume: 6
number: 5
starting page: 3719
ending page: 3733
doi: 10.38035/jlph.v6i5.3426

The Legal Implications For The Community That Owns Buildings on The Ground In The Civic Center Area of South Central Timor Regency are Reviewed From Law Number 26 Of 2007 Concerning Spatial Planning
type: item
description: This research is motivated by the inconsistency of spatial utilization in the Civic Center area of ​​South Central Timor Regency, which is legally designated as the center of regional government, but in reality is used by the community as a residential area and business premises. This condition raises legal issues related to spatial utilization, land ownership, and the protection of community rights to the land they occupy. This study aims to examine the legal implications of the inconsistency of spatial utilization by the community in the Civic Center area of ​​South Central Timor Regency in terms of Law Number 26 of 2007 concerning Spatial Planning. The type of research used is empirical legal research with a sociological juridical approach. Data were obtained through interviews with the Regional Government of South Central Timor Regency and literature studies consisting of primary legal materials and secondary legal materials. The data obtained were then analyzed descriptively qualitatively based on applicable legal provisions. The results of the study indicate that the community continues to construct buildings and inhabit the Civic Center area even though the area has been designated as the center of regional government. This condition occurs due to weak regional government supervision, years of neglect, community economic needs, and a lack of public understanding of spatial planning regulations. This inconsistency in spatial use has legal implications in the form of administrative sanctions and even building demolition due to the use of space not being in accordance with the regional spatial plan. Furthermore, land ownership by the community in the Civic Center area lacks legal certainty if it is not supported by a valid legal basis and is in conflict with spatial planning provisions. However, legal responsibility in this matter lies not only with the community but also with the local government, which has been less than optimal in supervising and controlling …
creator: Benediktus Lay
creator: Anggry Belen
creator: Eugenia Yesus
creator: Maria Nata
creator: Crameraldo Openg
rights: Copyright (c) 2026 Benediktus Lay, Anggry Belen, Eugenia Yesus, Maria Nata, Crameraldo Openg https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-05
publication date: 2026-07-05
volume: 6
number: 5
starting page: 3734
ending page: 3740
doi: 10.38035/jlph.v6i5.3415

The Impact Of Overlapping Land Claims In Penkase Subdistrict (An Analysis Based On Court Rulings)
type: item
description: Abstract: Overlapping land claims cause significant legal uncertainty in Indonesia, exemplified by a 9 hectare dispute in Tuanomolo, Kupang. This study analyzes the legal and social impacts of these claims and evaluates the role of land technology in resolving or complicating disputes. Utilizing a qualitative normative-empirical method with statute and case approaches, it examines Kupang District and High Court judgments through a prescriptive analytical framework. The findings show that overlapping claims trigger prolonged uncertainty and material losses from subsequent unlawful acts. Juridical evaluation under Supreme Court jurisprudence reveals that the lower courts (Judex Facti) committed manifest errors by misapplying the missing parties (plurium litis consortium) exception and ignoring physical evidence. Furthermore, land technology (GPS and satellite mapping) plays a dual role: it accurately exposes hidden overlaps but risks displacing traditional rights if manual to digital migration is uncoordinated. In conclusion, digital technology is not a standalone solution; its success depends on data integrity, consistent law enforcement, and institutional synchronization between land agencies and the judiciary.
creator: Benediktus Lay
creator: Yulia Aprilis Uge Lay
creator: Gabriel Faustin Vicky Seran
creator: Maria Imakulata Go’o Laki
rights: Copyright (c) 2026 Benediktus Lay, Yulia Aprilis Uge Lay, Gabriel Faustin Vicky Seran, Maria Imakulata Go’o Laki https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-05
publication date: 2026-07-05
volume: 6
number: 5
starting page: 3741
ending page: 3750
doi: 10.38035/jlph.v6i5.3397

The Urgency of Regulating Anti-Circumvention Rules in Indonesia and ASEAN: The Case of Alleged Circumvention of Indonesian Refined Sugar to Vietnam
type: item
description: This study examines how the absence of anti‑circumvention rules in ASEAN and Indonesia weakens the effectiveness of anti‑dumping measures, as seen in the case of alleged circumvention of Indonesian refined sugar to Vietnam. The purpose of this study is to determine the implications of the absence of anti‑circumvention rules in ASEAN on the circumvention of anti-dumping measures as seen in the Indonesia–Vietnam case, and to determine the urgency of regulating anti‑circumvention rules in ASEAN in an effort to prevent the circumvention of anti‑dumping measures in Indonesia and ASEAN. The research method used is normative juridical, coupled with a case study of the alleged Indonesia–Vietnam circumvention, as well as a comparative study of various anti‑circumvention legal instruments in Vietnam, the European Union, and the United States. The results show three main implications. First, legal uncertainty over Vietnam’s unilateral measures; Second, procedural fragmentation that hinders cooperation; and third, the failure to set a binding precedent. The comparative study shows that clear regional rules (clear definitions, objective testing, structured procedural standards, exemptions for genuine operators, and strengthened rules of origin) enhance legal certainty while limiting the abuse of measures. The conclusion that can be drawn is that ASEAN needs to immediately regulate anti‑circumvention rules, along with strengthening rules on origin certification. Gradual implementation at the intra‑ASEAN level will build regional habits and common ground, protect domestic industries, and reduce legal and trade friction.
creator: Fasri Dimas Kristian Pramono
creator: Huala Adolf
creator: Purnama Trisnamansyah
rights: Copyright (c) 2026 Fasri Dimas Kristian Pramono, Huala Adolf, Purnama Trisnamansyah https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-06
publication date: 2026-07-06
volume: 6
number: 5
starting page: 3751
ending page: 3764
doi: 10.38035/jlph.v6i5.3395

Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia
type: item
description: The development of cryptocurrency as a digital asset presents new challenges in inheritance law. Its decentralized nature and reliance on private keys pose a risk of rendering the asset permanently inaccessible if the owner passes away. This article, titled "Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia," aims to analyze the juridical implications of the absence of automated inheritance claim features on exchange platforms and the urgency of their regulation. This normative legal research employs statutory, conceptual, and comparative approaches to compare the governance mechanisms of inheritance claims on global and local crypto exchanges. The results indicate that the absence of specific regulations creates a legal vacuum that heightens uncertainty regarding heirs' civil rights. Comparative analysis reveals that local platforms still rely on manual administrative procedures, which can lead to legal constraints, whereas global platforms have integrated legal compliance systems. In conclusion, regulations mandating the availability of inheritance features on exchange platforms are essential for providing legal protection, preventing material loss, and ensuring legal certainty for heirs.
creator: Syaiful Malik
creator: Taupiqqurrahman
rights: Copyright (c) 2026 Syaiful Malik, Taupiqqurrahman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-06
publication date: 2026-07-06
volume: 6
number: 5
starting page: 3765
ending page: 3774
doi: 10.38035/jlph.v6i5.3550

Comparison of Press Freedom from a Legal Perspective A Study of Indonesia and Norway
type: item
description: This study compares the protection of press freedom in Indonesia and Norway from a legal perspective. This study aims to identify how the mechanism for protecting press freedom in Norway serves as a best practice and assess its relevance in the context of implementing the system and strengthening press freedom protection in Indonesia. The method used in this study is normative juridical with a comparative approach to laws and regulations. This study employs a literature-based data collection method, analyzing primary, secondary, and tertiary legal materials. The results show that Norway has strong protections for press freedom through constitutional guarantees, transparent information disclosure, and state-protected press mechanisms. On the contrary, Indonesia already has an adequate legal basis, but its implementation still faces the problem of the criminalization of journalists. This study provides an overview of how Norway, with stronger legal mechanisms to protect their press freedom, can serve as a reference for Indonesia.
creator: Anastasya Regina Sekar Cahyanto
creator: M rizki Yudha Prawira
rights: Copyright (c) 2026 Anastasya Regina Sekar Cahyanto, M rizki Yudha Prawira https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-06
publication date: 2026-07-06
volume: 6
number: 5
starting page: 3775
ending page: 3793
doi: 10.38035/jlph.v6i5.3549

Analysis of The Bank's Civil Liability For Employees' Tortious Acts Committed Outside The Bank's Operational System
type: item
description: This study examines the civil liability of Bank BNI regarding an unlawful act committed by the former Head of Cashier of the Aek Nabara Branch through an off-book transaction. The issues focus on the regulation of bank liability based on Article 1367 of the Indonesian Civil Code and POJK Number 6/POJK.07/2022, as well as the implementation of the principle of vicarious liability to employee actions that exceed the bank’s official operational systems. Employing a normative juridical method, this research concludes that the bank's liability stems from two complementary normative layers: Article 1367 paragraph (3) of the Civil Code as a general rule and Article 8 paragraph (1) of POJK Number 6/POJK.07/2022 as a sectoral regulation. Collectively, these regulations establish the bank as the party responsible for customer losses resulting from its employees' actions. The application of the doctrine of vicarious liability in this case is justified by the fulfillment of the employment relationship element and the doctrine of apparent authority, wherein the perpetrator objectively appeared as a bank representative to customers acting in good faith. Thus, Bank BNI's action to compensate for the customer's loss of IDR 28 billion is not merely a voluntary initiative, but rather a fulfillment of legal mandates rooted in the doctrine of vicarious liability and the fundamental principles of consumer protection within the financial services industry.
creator: Fauzan Hamzah Salampessy
creator: Wardani Rizkianti
rights: Copyright (c) 2026 Fauzan Hamzah Salampessy, Wardani Rizkianti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-06-06
publication date: 2026-06-06
volume: 6
number: 5
starting page: 3793
ending page: 3803
doi: 10.38035/jlph.v6i5.3529

Behind the Defeat of Local Incumbents: A Systematic Review of Economic Voting, Patronage, Party Conflict, and Electoral Accountability in Democratic Elections
type: item
description: Local elections constitute a crucial arena for democratic accountability because local governments control public services, welfare distribution, public expenditure, bureaucratic appointments, and access to state resources. Yet local incumbents sometimes lose despite possessing the structural advantages of office. This systematic review synthesizes 48 studies identified through Scopus and related bibliographic checking to explain why such defeats occur. Using a mechanism-based qualitative synthesis, the review integrates evidence from studies on economic voting, patronage and clientelism, party organization, candidate selection, opposition coordination, electoral integrity, institutional trust, and democratic alternation. The synthesis shows that local incumbent defeat is rarely caused by a single factor. Economic voting matters when citizens can attribute unemployment, welfare retrenchment, fiscal choices, crisis response, or service delivery to incumbents. Patronage may protect incumbents when networks remain credible and morally legitimate, but it may also generate backlash when voters associate distributive politics with corruption, arrogance, exclusion, or manipulation. Party conflict and candidate selection may weaken incumbents before the general election, especially when nomination rules, factional competition, elite bargaining, or opposition coordination reduce campaign capacity. Ultimately, incumbent defeat becomes democratically meaningful only when electoral institutions are credible, losing actors concede defeat, and transitions preserve governmental continuity. This review provides an integrated framework that treats local incumbent defeat as both an electoral outcome and a governance process.
creator: Iyan Maulana Amnum Al Amin
creator: Kushandajani
rights: Copyright (c) 2026 Iyan Maulana Amnum Al Amin, Kushandajani https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-07
publication date: 2026-07-07
volume: 6
number: 5
starting page: 3804
ending page: 3815
doi: 10.38035/jlph.v6i5.3455

Government Coordination In Anticipation of The Mount Merapi Eruption Disaster In Sleman Regency, DIY
type: item
description: The eruption of Mount Merapi poses a significant disaster threat to Sleman Regency, necessitating a paradigm shift from emergency response to disaster risk reduction through synergistic government coordination. This article aims to analyze the forms and mechanisms of government coordination in anticipating the Mount Merapi eruption, identify obstacles, and formulate strategies for improvement. Employing a qualitative descriptive method, this study examines coordination based on Herbert Simon's procedural and substantive typology, alongside collaborative governance concepts. The findings indicate that procedural coordination is established through structured regulations, hierarchical command, and the Cross-Merapi Joint Secretariat collaboration. Substantively, preparedness is realized through the Sister Village program and the pentahelix-based utilization of the SIMANTAB application. However, coordination effectiveness is hindered by sectoral egos, rigid budgetary bureaucracy, personnel limitations, and cultural resistance among locals. Therefore, the study recommends cross-sectoral data synchronization, the debureaucratization of emergency decision-making, and an inclusive cultural mitigation approach to achieve adaptive regional resilience.
creator: Heru Sulistiyo
creator: Arwanto Harimas Ginting
creator: Agus Winarna
creator: Kusworo
rights: Copyright (c) 2026 Heru Sulistiyo, Arwanto Harimas Ginting, Agus Winarna, Kusworo https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-09
publication date: 2026-07-09
volume: 6
number: 5
starting page: 3816
ending page: 3824
doi: 10.38035/jlph.v6i5.3475

Criminal Imposition on Perpetrators of Joint Violence Resulting in Death from the Perspective of Islamic Jurisprudence
type: item
description: Collective violence resulting in death remains a serious criminal offense, often arising from acts of vigilantism (eigenrichting). Such conduct violates both positive criminal law and the Islamic legal principle of protecting human life. This study analyzes the judicial considerations in Decision Number 681/Pid.B/2024/PN Smg and examines the offense from the perspective of fiqh jinayah. Using a normative legal method with case and conceptual approaches, the research relies on the Indonesian Criminal Code, court decisions, the Qur’an, and relevant legal literature. The findings show that the court imposed criminal sanctions under Article 170 paragraph (2) point 3 of the Criminal Code after determining that all legal elements of the offense had been proven through witness testimonies, defendants’ statements, documentary evidence, and visum et repertum. From the perspective of fiqh jinayah, the defendants’ actions are classified as qatl syibh al-‘amd (quasi-intentional homicide) because the violence was intentional but not aimed directly at causing death. The collective nature of the offense also reflects the concept of isytirak fi al-jarimah, which attributes criminal responsibility to all participants involved in the resulting death.
creator: Nafis Dwi Rizky
creator: Ali Maskur
creator: Mohamad Solek
rights: Copyright (c) 2026 Nafis Dwi Rizky, Ali Maskur, Mohamad Solek https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-10
publication date: 2026-07-10
volume: 6
number: 5
starting page: 3825
ending page: 3836
doi: 10.38035/jlph.v6i5.3465

The Urgency of Reforming Consumer Protection Law in Encountering to the Digital Business Ecosystem in Indonesia
type: item
description: The digitalization of business in Indonesia has brought significant changes to transaction patterns and consumer–business relationships. However, this rapid growth has also raised several new consumer protection issues, including online fraud, violations of privacy rights, and unclear legal responsibilities for digital businesses. This study aims to analyze the importance of consumer protection in Indonesia’s digital business landscape and identify issues and solutions to strengthen it. The research method applied is the normative juridical method through case studies, a review of related literature, and an examination of statutory regulations. The findings reveal that current consumer protection frameworks, such as the Law on Electronic Information and Transactions and Law Number 8 of 1999 on Consumer Protection, still contain many gaps in adapting to the evolving dynamics of online transactions. Regulatory reforms and the enhancement of consumer digital literacy are required to ensure legal protection is more effective and responsive to technological developments. In conclusion, collaboration among the government, businesses, and society is urgently needed to strengthen consumer protection in the digital era and to create a safe and equitable digital business environment.
creator: Agus Panahatan Panjaitan
creator: Suartini
creator: Aris Macmud
rights: Copyright (c) 2026 Agus Panahatan Panjaitan, Suartini, Aris Macmud https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-11
publication date: 2026-07-11
volume: 6
number: 5
starting page: 3837
ending page: 3848
doi: 10.38035/jlph.v6i5.3458

Personal Appearance Before The Notary In Deed-Making Through The Concept Of Cyber Notary
type: item
description: The development of digital technology demands a more efficient and adaptive transformation of notary practices through the concept of cyber notary that allows notaries to exercise their authority remotely. However, in Indonesia, this concept is limited by the principle of Tabellionis Officium Fideliter Exercebo which requires a physical presence as a prerequisite for the authenticity of the deed, as stipulated in Article 1868 of the KUHPerdata and Article 16 Paragraph (1) letter m of the UUJN. This legal vacuum regarding remote personal appearance creates uncertainty, since the UUJN simultaneously acknowledges the existence of cyber notary while it’s also lacking sufficient regulations to accommodate its implementation. In contrast to Indonesia, the United States has successfully accommodated the implementation of Remote Online Notarization (RON) through the Revised Uniform Law on Notarial Acts (RULONA), specifically in Section 14A. This study uses a juridical-normative method with a comparative legal approach to examine the regulations governing personal appearance in deed-making under the concept of cyber notary in Indonesia and United States, as well as analyzing the potential expansion of its meaning. This research shows that Indonesia has an opportunity for legal digitalization through the UU ITE, the UUJN, and the implementation of the AHU Online system. The researcher argues that the concept of personal appearance can, in fact, be expanded not only as a physical presence, but also as an electronic presence. Therefore, its development is an inevitable necessity.
creator: Zhafirah Salsabila
creator: Wardani Rizkianti
rights: Copyright (c) 2026 Zhafirah Salsabila, Wardani Rizkianti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-11
publication date: 2026-07-11
volume: 6
number: 5
starting page: 3849
ending page: 3860
doi: 10.38035/jlph.v6i5.3548

Legal Analysis Regarding The Implementation of The Indonesian Game Rating System (IGRS) in The Protection of Child Consumers in Indonesia
type: item
description: This study examines the implementation of the Indonesian Game Rating System (IGRS) within Indonesia's legal framework, focusing on child consumer protection in the digital gaming industry. Indonesia's rapidly expanding gaming market indeed generated economic benefits, but on the other hand, exposing children to age-inappropriate content at the same time. The Government responded by establishing the IGRS, a classification system based on age suitability and content descriptors, most recently revised through Minister of Communication and Digital Affairs Regulation No. 2 of 2024. Employing a normative legal method with statutory and conceptual approaches, this study analyzes relevant legislation, ministerial regulations, legal doctrine, and documented enforcement cases through descriptive-qualitative and teleological interpretation. The findings reveal that the IGRS remains structurally incomplete: it lacks a Government Regulation establishing binding enforcement, exhibits weak harmonization with Law No. 8 of 1999 on Consumer Protection, and relies on a self-classification model whose reliability was exposed by the 2026 Steam controversy. Enforcement in practice remains reactive, with no dedicated complaint mechanism for child consumers or their guardians. The study concludes that the IGRS has not yet achieved optimal legal protection for child consumers and recommends a comprehensive Government Regulation, an independent supervisory body, and accessible consumer redress mechanisms to strengthen Indonesia's digital game governance framework.
creator: Achmad Hanif Avicenna Setiady
creator: Andriyanto Adhi Nugroho
rights: Copyright (c) 2026 Achmad Hanif Avicenna Setiady, Andriyanto Adhi Nugroho https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-12
publication date: 2026-07-12
volume: 6
number: 5
starting page: 3861
ending page: 3873
doi: 10.38035/jlph.v6i5.3554

Reconstruction of the Legal Responsibility of the Public Accounting Profession Based on Professional Protection and Due Process of Law
type: item
description: This study examines the reconstruction of legal accountability for the public accounting profession based on professional protection and due process of law. The background of this study stems from the increasing number of cases involving financial statement manipulation and corporate fraud in Indonesia, which has placed public accountants in a position where they are held legally accountable. This situation raises questions regarding the limits of professional liability, particularly when the fraud stems from the actions of company management. This study aims to analyze the weaknesses in the legal liability framework for the public accounting profession in Indonesia and to examine professional protection from the perspective of due process of law. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case study approach. Legal materials were obtained through a literature review encompassing primary, secondary, and tertiary legal sources, which were then qualitatively analyzed using prescriptive and interpretive methods. The research findings indicate that the legal framework governing the liability of the public accounting profession still contains normative and implementational weaknesses that lead to legal uncertainty and have the potential to result in the criminalization of the profession. Professional protection for public accountants has not fully ensured the application of the due process of law principle in the audit and law enforcement processes. Legal reform is necessary through the updating of legal substance, the strengthening of institutional structures, and the development of a legal culture that is more oriented toward professionalism, legal certainty, and justice. This study is expected to serve as a basis for consideration in the formulation of regulations and the strengthening of the professional protection system for public accountants in Indonesia.
creator: Anderson Subri
creator: Zaitun Abdullah
creator: Adnan Hamid
creator: Andi Wahyu Wibisana
rights: Copyright (c) 2026 Anderson Subri, Zaitun Abdullah, Adnan Hamid, Andi Wahyu Wibisana https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-13
publication date: 2026-07-13
volume: 6
number: 5
starting page: 3874
ending page: 3887
doi: 10.38035/jlph.v6i5.3454

The Legal Certainty of Digital Consent In The Formation of Electronic Contracts is Reviewed From The Principle of Consensualism
type: item
description: The development of information technology has driven a transformation in the formation of contracts from conventional forms to electronic contracts based on digital consent (digital consent). This condition raises legal problems regarding the conformity of digital consent with the principle of consensualism as the basis for the birth of an agreement and its legal certainty in the Indonesian legal system. This study aims to analyze the relevance of the principle of consensualism in the formation of electronic contracts based on digital consent and examine the legal certainty provided to the parties in electronic transactions. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative approach. Legal materials are obtained through literature studies that are analyzed qualitatively and prescriptively. The results of the study show that digital consent in principle has fulfilled the elements of agreement as required in the principle of consensualism because it is a manifestation of the will of the parties expressed through electronic media. However, the current legal arrangements do not provide clear parameters regarding the standard of validity of digital consents, the quality of the agreement, and the mechanism of proof. Therefore, it is necessary to strengthen regulations through the implementation of affirmative consent standards, more specific regulations on forms of digital consent, and increased legal protection for parties to realize legal certainty in the formation of electronic contracts in Indonesia.
creator: Taqwanda Aulia Mahfud
creator: Subekti Subekti
creator: Yoyok Ucuk Suyono
creator: Ernu Widodo
rights: Copyright (c) 2026 Taqwanda Aulia Mahfud, Subekti, Yoyok Ucuk Suyono, Ernu Widodo https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-15
publication date: 2026-07-15
volume: 6
number: 5
starting page: 3888
ending page: 3896
doi: 10.38035/jlph.v6i5.3509

A Review Of Victimology Of Victims Of Online Fraud In E-Commerce Transactions In Karawang Regency In Connection With The Lifestyle Exposure Theory
type: item
description: Unilateral This research is motivated by the high number of cybercrimes in the form of fraud in e-commerce in Karawang Regency, with the increasing digital lifestyle of the community. The main objective of this study is to explore this phenomenon using a victimology perspective, where the Lifestyle Exposure theory of Hindelang and his colleagues and the concept of functional responsibility of Stephen Schafer are the foundation. The methodology applied in this study is empirical juridical, with primary data obtained through in-depth interviews with the Tipidter Unit of the Karawang Police and individuals who have become victims of online fraud. The findings of the study indicate that the key factors causing victimization in Karawang are caused by less vigilant consumer behavior, including transactions outside official platforms (85%) and being influenced by unreasonable prices (78%), which theoretically indicates exposure to risks due to digital lifestyles. The Karawang Police's countermeasures utilize a preventative approach, providing digital literacy education to strengthen social resilience, and a repressive approach through law enforcement based on digital forensics and inter-agency collaboration (Kominfo, BSSN, and OJK) to create a deterrent effect on perpetrators. This study concludes that preventing online fraud requires collaboration between legal enforcement and increased awareness among victims to break the cycle of opportunity for crime.
creator: Marga Reta Donia Kartika
creator: Zarisnov Arafat
creator: Muhamad Abas
rights: Copyright (c) 2026 Marga Reta Donia Kartika, Zarisnov Arafat, Muhamad Abas https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-15
publication date: 2026-07-15
volume: 6
number: 5
starting page: 3897
ending page: 3904
doi: 10.38035/jlph.v6i5.3468

The Principle of Good Faith In The Filing of A Bankruptcy Application by A Separated Creditor Against A Debtor (Case Study Of Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020)
type: item
description: This study aims to analyze the application of the principle of good faith in the submission of bankruptcy petitions by secured creditors against debtors, as set forth in Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020 and assess the judge's considerations in distinguishing the use of legitimate rights from abuse of authority by comparing it with Supreme Court Decisions Number 704 K/Pdt.Sus-Pailit/2018 and Number 1230 K/Pdt.Sus-Pailit/2019. This study employs a juridical normative method under case and statutory approaches. The legal materials consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively through the interpretation of legal principles, doctrines, and the ratio decidendi of the decision. The results indicate that the Supreme Court considers the bankruptcy petition by secured creditors in Decision Number 1434 K/Pdt.Sus-Pailit/2020 does not violate the principle of good faith because it is submitted to protect the legal interests of collateral whose economic value is threatened. Conversely, in Decisions No. 704 K/Pdt.Sus-Pailit/2018 and No. 1230 K/Pdt.Sus-Pailit/2019, the bankruptcy petition was rejected because it was deemed disproportionate and potentially pressured the debtor. The study formulates an ideal model for a bankruptcy petition by secured creditors that emphasizes collateral protection, does not involve abuse of rights, and is preceded by alternative resolution efforts. This model reflects the principles of balance, appropriateness, and the objective of bankruptcy law to protect the interests of both creditors and debtors fairly and proportionally in the current bankruptcy court practice in Indonesia, and contributes to development.
creator: Ariansyah Kurniawan
creator: Iwan Erar Joesoef
creator: Atik Winanti
rights: Copyright (c) 2026 Ariansyah Kurniawan, Iwan Erar Joesoef, Atik Winanti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 6
number: 5
starting page: 3905
ending page: 3917
doi: 10.38035/jlph.v6i5.3496

Industrial Accidents as Corporate Crimes: An Analysis of PT ASL Shipyard Batam's Liability under Indonesia’s National Criminal Code
type: item
description: Industrial accidents resulting in worker fatalities continue to be a substantial concern in Indonesia's labour sector. Notwithstanding the enactment of various occupational safety and health regulations, the attribution of criminal guilt in cases of fatal workplace accidents continues to be contentious, especially regarding the classification of enterprises as entities subject to criminal law. This circumstance creates a discrepancy between the occupational safety obligations imposed on companies and the penalties enforced when violations of these obligations lead to worker fatalities. This study aims to assess the legal qualifications of the explosion incident at PT ASL Shipyard Batam, evaluate the adequacy of Law Number 1 of 1970 concerning Occupational Safety in determining corporate criminal liability, and examine the framework of corporate criminal liability and management in accordance with the National Criminal Code. The research utilises a normative legal technique, incorporating both legislation and case analyses. The study's findings suggest that the explosion at the MT Federal II PT ASL Shipyard Batam, which led to worker fatalities, could be deemed a criminal offence if negligence in safety compliance is proven. Law Number 1 of 1970 remains relevant as the basis for regulating occupational safety responsibilities; however, it is inadequate for establishing corporate criminal liability, as it does not recognise corporations as entities under criminal law or provide a framework for attributing corporate culpability. In contrast, the National Criminal Code, through Articles 45 to 49, delineates a normative framework that allows for the imposition of criminal liability on both corporations as entities and on administrators in functional roles, order issuers, control holders, and beneficial owners of corporations. This study established that worker fatalities from industrial accidents are not exclusively due to the company's operational hazards; instead, they…
creator: Cut Wahidah Mumtaza
creator: Parningotan Malau
creator: Alwan Hadiyanto
rights: Copyright (c) 2026 Cut Wahidah Mumtaza, Parningotan Malau https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 6
number: 5
starting page: 3918
ending page: 3928
doi: 10.38035/jlph.v6i5.3472

Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia
type: item
description: Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia. The background issue is the rapid growth of digital insurance vulnerable to financial crime due to blockchain anonymity features. The objectives are to determine the mechanism of digital legal insurance schemes, analyze money laundering potential, and examine criminal law regulations in Indonesia. The research method uses normative juridical with statute and conceptual approaches. The results show that blockchain anonymity and smart contracts create loopholes for placement, layering, and integration stages of illegal funds. Current regulations do not specifically regulate risk mitigation in legal insurtech products. The conclusion suggests revising the money laundering prevention law and stricter financial services authority supervision. Stricter identity verification is required on digital legal insurance platforms and including this product in the suspicious transaction reporting list to prevent misuse of the legal insurance system as a means of money laundering that can hinder the criminal justice process
creator: Necklina Druhandani
creator: Adi Muhajirin
rights: Copyright (c) 2026 Necklina Druhandani, Adi Muhajirin https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-06-17
publication date: 2026-06-17
volume: 6
number: 5
starting page: 3929
ending page: 3935
doi: 10.38035/jlph.v6i5.3520

Legal Protection Against Copyright Infringement in Film Piracy: A Case Study of Cinema Recordings and Piracy on Digital Platforms. Constitutional Court Decision No. 84/PUU-XXI/2023
type: item
description: This study examines legal protection against copyright infringement arising from film recording in cinemas and digital content piracy on digital platforms. The development of information technology has transformed the distribution of copyrighted works and increased the risk of infringement, both through illegal recording in public spaces and the unauthorized dissemination of exclusive subscription based content. This research aims to analyze the forms of legal protection against such infringements and to examine the juridical analysis of Constitutional Court Decision Number 84/PUU-XXI/2023 in the context of copyright violations in digital media and public spaces. The research method employed is normative and empirical legal research using statutory approaches, analysis of Constitutional Court decisions, and observation of digital piracy practices. The findings indicate that cinema camcording and unauthorized distribution of digital content constitute copyright infringement protected under Law Number 28 of 2014 on Copyright and related regulations. Constitutional Court Decision Number 84/PUU-XXI/2023 emphasizes that copyright protection must adapt to technological developments and reinforces the role of the state in regulating the protection of works in the digital environment. This study concludes that although the legal framework for copyright protection already exists, stronger supervision and more effective law enforcement are still required on an ongoing basis to address digital piracy challenges.
creator: Venia Utami Keliat
creator: Angel Pricillia Tak
rights: Copyright (c) 2026 Venia Utami Keliat, Angel Pricillia Tak https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-17
publication date: 2026-07-17
volume: 6
number: 5
starting page: 3936
ending page: 3943
doi: 10.38035/jlph.v6i5.3179

The Effectiveness of Somasi as A Means of Resolution of Civil Disputes: A Study of Practices at Al Haq Law and Firm
type: item
description: A legal notice (somasi) constitutes a significant instrument in civil law, serving as an initial mechanism to establish a state of default before a dispute proceeds to litigation. Within the framework of Indonesian positive law, particularly under Article 1238 of the Civil Code, somasi is not merely interpreted as a formal warning, but functions as a normative device that delineates the boundary between legal compliance and negligence. This study examines the effectiveness of somasi in resolving civil disputes and explores its practical implementation within Al Haq Law and Firm. The research applies a normative-empirical approach by combining statutory analysis with practical legal observations. Data were collected through a literature review supported by empirical insights and analyzed using a qualitative descriptive-analytical method. The findings indicate that somasi demonstrates a relatively high level of effectiveness in addressing simple civil disputes, particularly those related to breach of contract and debt obligations. Its effectiveness is attributed to its persuasive nature, procedural efficiency, and its capacity to facilitate dispute resolution without resorting to complex and time-consuming litigation processes. Nevertheless, the effectiveness of somasi is not absolute and is influenced by various factors, including the good faith of the parties, the quality of legal reasoning within the notice, and the bargaining positions of the parties involved. In certain circumstances, particularly when dealing with uncooperative parties or disputes that have escalated into more complex conflicts, somasi may lose its practical effectiveness. Therefore, somasi should be understood not merely as an administrative formality, but as a strategic legal instrument that integrates normative authority with persuasive approaches in achieving effective and equitable civil dispute resolution
creator: A.M Tasmika
creator: Wahyu Prawesthi
creator: Sri Astutik
rights: Copyright (c) 2026 A.M Tasmika, Wahyu Prawesthi, Sri Astutik https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-17
publication date: 2026-07-17
volume: 6
number: 5
starting page: 3944
ending page: 3951
doi: 10.38035/jlph.v6i5.3294

Cross-Border Personal Data Transfer Requirements under Indonesia’s Personal Data Protection Law: Normative Clarity and Legal Protection
type: item
description: This article examines the normative construction of Article 56 of Law Number 27 of 2022 on Personal Data Protection, which regulates the requirements for cross-border personal data transfers. The study is motivated by the increasing transfer of personal data within the digital ecosystem, which may weaken the protection of data subjects’ rights if it is not supported by clear legal norms. This study aims to analyze the normative construction of Article 56 and the implications of its normative ambiguity for legal certainty and the legal protection of data subjects. This study employs a normative legal research method using statutory, conceptual, and limited comparative approaches. The findings show that Article 56 establishes three requirements for cross-border personal data transfers, namely an equivalent or higher level of protection, adequate and binding protection, and the consent of the data subject as a last resort. However, this provision does not yet provide clear normative parameters regarding the standard of equivalent protection, the form of adequate and binding safeguards, or the limits on the use of consent. Therefore, Article 56 needs to be clarified in order to provide legal certainty and ensure the protection of data subjects’ rights in cross-border personal data transfers.
creator: Diana Puji Ratna Kusuma Fitri
creator: Hananto Widodo
creator: Budi Hermono
rights: Copyright (c) 2026 Diana Puji Ratna Kusuma Fitri, Hananto Widodo, Budi Hermono https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-18
publication date: 2026-07-18
volume: 6
number: 5
starting page: 3952
ending page: 3965
doi: 10.38035/jlph.v6i5.3528

The Validity Of Receipts As Proof Of Payment In Land Sales And Purchases And Its Implications For Legal Certainty (Study Of Decision Number 11/Pdt.G/2024/Pn Majalengka)
type: item
description: This study aims to analyze the evidentiary strength of receipts as proof in land sale transactions and the legal implications on the validity of agreements and transfer of rights when the seller’s whereabouts are unknown, as reflected in Decision Number 11/Pdt.G/2024/PN Majalengka. The research employs a normative juridical method with statutory and case approaches. The results indicate that a receipt, as a private document, has valid evidentiary value under Articles 1866 and 1874 of the Civil Code, provided it is supported by other evidence such as witness testimony, village records, and physical possession of the land. Although not executed in the form of a Sale and Purchase Deed (AJB), the agreement remains materially valid as it fulfills the requirements of Article 1320 of the Civil Code. However, administratively, the transfer of land rights cannot be registered without an AJB as required by Government Regulation No. 24 of 1997. In cases where the seller cannot be located, a court decision serves as a substitute legal basis to ensure legal certainty and protect good faith buyers.
creator: Rafi Galuh Arizky
creator: Yuniar Rahmatiar
creator: Muhamad Abas
rights: Copyright (c) 2026 Rafi Galuh Arizky, Yuniar Rahmatiar, Muhamad Abas https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-19
publication date: 2026-07-19
volume: 6
number: 5
starting page: 3966
ending page: 3973
doi: 10.38035/jlph.v6i5.3320

Implementation Of Carbon Tax as an Effort to Improve The Economy and Preserve The Environment
type: item
description: Climate change has become a global challenge that needs to be addressed together. Indonesia is one of the countries that is vulnerable to climate change. The decline in environmental quality that has an impact on natural disasters can be detrimental to various parties. In Indonesia, Law Number 32 of 2009 concerning Protection and Management of the Environment has been enacted, which contains systematic and integrated efforts to preserve the environment and as an effort to prevent pollution and/or environmental damage. In addition, regulations have also been issued on carbon taxes in Article 13 of Law Number 7 of 2021 concerning Harmonization of Tax Regulations. The main objective of the carbon tax is to change the behavior of economic actors to switch to low-carbon economic activities, but the implementation of the carbon tax is currently still being postponed. The research methodology is a literature review, in the form of normative legal, qualitative. The data presented are secondary data obtained from various literature sources. This study concludes that in order to reduce the worsening environmental damage and also increase revenue from the Tax sector, it is necessary to implement a Carbon Tax, but the Law that has been issued has been postponed, with various considerations, so that the carbon tax can be implemented and run effectively, there is a need for improved regulations that not only function as economic tools, but also as drivers of behavioral change and technological development to achieve sustainability goals.
creator: Endang Mahpudin
creator: Yuniar Rahmatiar
creator: Muhamad Abas
rights: Copyright (c) 2026 Endang Mahpudin, Yuniar Rahmatiar, Muhamad Abas https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-25
publication date: 2026-07-25
volume: 6
number: 5
starting page: 3974
ending page: 3983
doi: 10.38035/jlph.v6i5.3319

A Juridical Analysis of the Regulation and Settlement of Breach of Contract in Civil Litigation: A Study of Decision Number 328/Pdt.G/2021/PN JKT.SEL
type: item
description: This research is titled “A Juridical Review of the Regulation and Settlement of Default in Civil Cases Based on Decision Number 328/Pdt.G/2021/PN JKT.SEL”. The aim of this study is to understand the regulation of default as stipulated in the Civil Code (BW) and to analyze how the panel of judges assesses the fulfillment of the elements of default in the specific case. This research uses the doctrinal or normative legal method with a statutory approach and case approach, where the data used are sourced from primary, secondary, and tertiary legal materials. The analytical technique employed is descriptive qualitative, aimed at explaining the legal provisions related to sales agreements, the obligations of the parties, performance fulfillment, and payment guarantees inherent in the agreement. The case study analyzed involves a dispute between the plaintiff and defendant concerning a payment guarantee clause provided by the guarantor, which becomes a key point in determining the equality of responsibility between the principal debtor and the guarantor under Article 1832 of the Civil Code. The results of this research are expected to provide a more comprehensive understanding of the practice of resolving default disputes in Indonesia, as well as contribute to the development of academic studies in the field of civil law.
creator: Arini Saarah Aliyya Wibowo
rights: Copyright (c) 2026 Arini Saarah Aliyya Wibowo https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-26
publication date: 2026-07-26
volume: 6
number: 5
starting page: 3984
ending page: 3992
doi: 10.38035/jlph.v6i5.3653

Recommendations for Prosecution Policies Concerning Offenders with Mental Disabilities in Indonesia from a Victimological Perspective
type: item
description: The development of criminal law in Indonesia reflects a shift from a retributive approach toward a more humane and restorative justice-oriented approach, including in the treatment of offenders with mental disabilities. This study aims to analyze the forms of legal protection afforded to offenders with mental disabilities from a victimological perspective and to formulate more responsive prosecution policy recommendations. The research employed an empirical legal method with a qualitative approach through interviews, observations, and document analysis involving police investigators, public prosecutors, forensic psychiatrists, academics, and disability advocacy institutions. The findings indicate that legal protection has been provided through the postponement of legal status determination pending psychiatric assessment, the use of forensic psychiatric examinations, the provision of reasonable accommodation, and the prioritization of rehabilitative measures over imprisonment. However, its implementation remains suboptimal due to the absence of standardized technical guidelines, limited mental health facilities, and the persistence of punitive orientations within the criminal justice system. From a victimological perspective, offenders with mental disabilities occupy a dual position as both offenders and victims who are vulnerable to secondary victimization. Therefore, prosecution policies should emphasize rehabilitative and therapeutic approaches, as well as the protection of the rights of persons with disabilities, in order to achieve substantive justice within Indonesia’s criminal justice system.
creator: Amir Amir
creator: Annisa Putri Amalia
creator: budiarsih budiarsih
rights: Copyright (c) 2026 Amir Amir, Annisa Putri Amalia, budiarsih budiarsih https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-27
publication date: 2026-07-27
volume: 6
number: 5
starting page: 3993
ending page: 4002
doi: 10.38035/jlph.v6i5.3470

Criminal Responsibility Of National Road Organizers For Traffic Accidents On The Pantura Road As Seen From The Theory Of Legal Certainty
type: item
description: This study examines the qualification of criminal liability of national road administrators for traffic accidents caused by road damage based on Article 273 of Law Number 22 of 2009 concerning Traffic and Road Transportation, as well as the problems of law enforcement in the Pantura Jatisari area from the perspective of legal certainty theory. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that national road administrators may be held criminally liable if negligence in road maintenance is proven to cause traffic accidents. The elements include culpa (negligence), unlawful act, and causality between road damage and the accident. However, in practice, the enforcement of Article 273 still faces various obstacles, such as unclear division of authority between institutions, weak implementation of criminal sanctions, and difficulties in proving causality. These conditions result in the failure to achieve legal certainty in holding road administrators accountable. Therefore, regulatory strengthening, clarity of responsible subjects, and consistent law enforcement are necessary to ensure road user safety and to realize the principle of legal certainty in public infrastructure governance.
creator: Ibnu Susilo
creator: Muhamad Gary Gagarin
creator: Muhamad Abas
rights: Copyright (c) 2026 Ibnu Susilo, Muhamad Gary Gagarin, Muhamad Abas https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-28
publication date: 2026-07-28
volume: 6
number: 5
starting page: 4003
ending page: 4011
doi: 10.38035/jlph.v6i5.3335

Protection of Constitutional Rights To A Good And Healthy Living Environment Through Post-Mining Fund Management In Bankruptcy Conditions: An Analysis Of State Authority In The PT Kobatin Case
type: item
description: When a mining firm declares bankruptcy, it poses a grave danger to the right to a decent and healthy environment, as stated in Article 28H paragraph (1) of the 1945 Constitution. Using the pari passu pro rata parte basis to pay off creditors, the PT Kobatin case revealed a serious lack of environmental protection by diverting cash meant for reclamation and post-mining guarantees into the bankruptcy estate. In light of the state's constitutional duty to maintain high standards of environmental protection even in the face of bankruptcy, this research seeks to both examine that power and provide a legal interpretation that brings bankruptcy law into harmony with those standards. By reviewing statutes, regulations, judicial rulings, and constitutional law theory, this study employs a case-based normative juridical research methodology. The research findings show that the commercial court placed reclamation funds as bankruptcy assets without considering the human rights dimension and the state's constitutional obligations, creating a false hierarchy of interests between the economic interests of creditors and the constitutional rights of citizens. The implications of this research urge legal reform to establish environmental guarantee funds as trust funds separate from bankrupt estates, strengthen state authority through state's parens patriae in bankruptcy cases involving environmental interests, and establish an environmental priority creditor mechanism that places environmental restoration obligations above the interests of commercial creditors in order to ensure the sustainability of the constitutional rights of future generations.
creator: Sudirman
creator: Abdul Rasyid Saliman
creator: Enny Agustina
rights: Copyright (c) 2026 Sudirman, Abdul Rasyid Saliman, Enny Agustina https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-29
publication date: 2026-07-29
volume: 6
number: 5
starting page: 4012
ending page: 4033
doi: 10.38035/jlph.v6i5.3552

Constitutional Democracy and Regulatory Vacuum During the Transition Period: A Study of Constitutional Court Decision No. 135/PUU-XXII/2024
type: item
description: This study aims to examine the constitutional issues arising from the lack of regulations regarding the transition period for members of the Regional People’s Representative Council (DPRD) following the issuance of Constitutional Court Decision No. 135/PUU-XXII/2024, while also formulating a regulatory model consistent with the principles of constitutional democracy. The Constitutional Court’s decision has altered the structure of simultaneous elections by separating national elections from local elections. This change has created a mismatch between the end of the terms of office for DPRD members elected in the 2024 general election and the timing of the next local elections. This situation has the potential to create a legal vacuum (rechtvacuum), leading to legal uncertainty and raising issues of democratic legitimacy in the administration of local government. This study employs a normative legal research method using a statutory approach, a conceptual approach, and a case study approach. The research analysis is based on the theory of constitutional democracy, the theory of legal vacuum (rechtvacuum), the theory of legitimacy, the theory of political representation, and the theory of constitutional engineering. The results of the study indicate that the absence of transitional norms has the potential to undermine the principles of popular sovereignty, the rule of law, and political representation—all of which are constitutionally guaranteed under the 1945 Constitution of the Republic of Indonesia. Among the alternatives under consideration, the hybrid transitional model is viewed as the most suitable option for implementation within the context of Indonesia’s constitutional system. This model combines a limited, one-time extension of the terms of office for members of the Regional People’s Representative Council (DPRD) with the holding of local elections at a time explicitly stipulated by law. Such an arrangement is deemed capable of striking a balance between leg…
creator: Abdi Edison
creator: Made Warka
rights: Copyright (c) 2026 Abdi Edison, Made Warka https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-29
publication date: 2026-07-29
volume: 6
number: 5
starting page: 4034
ending page: 4052
doi: 10.38035/jlph.v6i5.3500

The Effectiveness of Legal Protection For Daily Wage Workers in The Property Sector: A Substantive Justice Perspective
type: item
description: This study aims to analyze the effectiveness of legal protection for daily wage workers in the property sector from a substantive justice perspective, using PT Syailendra Adidaya Group as a case study. The study is motivated by the increasing use of daily wage workers in the property industry, which often creates vulnerabilities regarding wage protection, legal certainty, and the fulfillment of workers’ normative rights. Although Indonesian labor law provides comprehensive regulations concerning employment relationships and wage protection, practical implementation frequently reveals discrepancies between legal norms and workplace realities. The urgency of this research lies in the need to examine whether legal protection can be considered effective when formal labor standards are not fully implemented but employment relations remain stable and socially accepted. This research employed a normative legal approach supported by empirical data through statutory and conceptual approaches. Data were collected through library research and semi-structured in-depth interviews with selected informants at PT Syailendra Adidaya Group and analyzed using a prescriptive legal method. The findings indicate that legal protection for daily wage workers has not been fully effective from a normative perspective due to the absence of written employment agreements and wage practices that do not entirely comply with statutory standards. However, the employment relationship demonstrates a form of substantive justice supported by economic considerations, business sustainability, and mutually accepted employment arrangements. The study concludes that effective labor protection should integrate legal certainty, social legitimacy, and substantive justice to ensure balanced and sustainable industrial relations in the property sector.
creator: Ahmad Yanuar Alvaro
creator: Rosita Candrakirana
rights: Copyright (c) 2026 Ahmad Yanuar Alvaro, Rosita Candrakirana https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-30
publication date: 2026-07-30
volume: 6
number: 5
starting page: 4053
ending page: 4063
doi: 10.38035/jlph.v6i5.3534

Protection of Citizens' Constitutional Rights in the Implementation of General Elections
type: item
description: General elections constitute one of the primarymanifestations of popular sovereignty in a democraticconstitutional state. In Indonesia, the implementation ofelections is not merely a political mechanism for transferringpower but also a constitutional instrument to guaranteecitizens' political rights. Nevertheless, various issuesfrequently arise in electoral implementation, includinginaccuracies in voter registration, electoral violations, moneypolitics, misuse of authority, and limited access for vulnerablegroups. These conditions raise concerns regarding the extentto which constitutional rights are effectively protected duringelectoral processes. This study aims to analyze the protectionof citizens' constitutional rights in general elections from theperspective of constitutional law. The research employs a normative juridical method using statutory, conceptual, andcase approaches. The findings reveal that constitutionalprotection of political rights has been firmly guaranteed underthe 1945 Constitution and several electoral regulations. However, practical implementation still faces obstacles thatmay hinder the realization of constitutional guarantees. Therefore, strengthening democratic institutions, improvingelectoral administration, enhancing legal enforcement, andincreasing public participation are essential to ensure theprotection of constitutional rights within democraticgovernance. The study concludes that the realization ofconstitutional rights in elections depends not only on legal norms but also on the commitment of state institutions andsociety to uphold democratic principles.
creator: Hadrean Renanda
creator: Vieta Imelda Cornelis
creator: Nur Handayati
creator: Fitri Ayuningtyas
rights: Copyright (c) 2026 Hadrean Renanda, Vieta Imelda Cornelis, Nur Handayati, Fitri Ayuningtyas https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-30
publication date: 2026-07-30
volume: 6
number: 5
starting page: 4064
ending page: 4075
doi: 10.38035/jlph.v6i5.3533

Analysis of the Effectiveness of the Implementation of Home Affairs Ministerial Regulation No. 1 of 2016 in Resolving Legal Cases Regarding Lost Village Assets
type: item
description: An essential part of having responsible, open, and service-oriented village leadership is managing the community's assets. Village assets are valuable for more than only their monetary and administrative worth; they are also a strategic tool for the development and well-being of village communities. However, there are still many issues in reality, and one of them is the possible loss of local assets due to poor governance. This might lead to financial hardship for the village. There has been little research on the efficacy of Minister of Home Affairs Regulation Number 1 of 2016 in addressing instances of missing village assets, however it does provide a legal framework for village asset management. The purpose of this research is to examine the Minister of Home Affairs Regulation No. 1 of 2016 and its impact on village governance practices, specifically looking at the legal settlement procedure for lost village assets. Legislative, conceptual, and case-based empirical research methodologies are used in this study. examination of relevant literature, research of applicable regulations, and examination of relevant village asset management methods were used to collect the data. Asset identification, administrative examination, responsibility determination, administrative sanctions, or further legal steps if civil or criminal elements are found are the stages that make up the legal resolution mechanism for the loss of village assets, according to the research results. Normative shortcomings in technical rules, inadequate ability of village officials, insufficient supervision mechanisms, and an absence of a robust administrative legal culture at the village level have all contributed to the ineffective implementation of Home Affairs Ministerial Regulation Number 1 of 2016. Therefore, it is necessary to strengthen technical regulations, increase the capacity of village government officials, and optimize participatory oversight to realize more effective, accountable, and s…
creator: Rifa Herawati
creator: Yandi
creator: Enny Agustina
rights: Copyright (c) 2026 Rifa Herawati, Yandi, Enny Agustina https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 6
number: 5
starting page: 4076
ending page: 4085
doi: 10.38035/jlph.v6i5.3558

Judicial Pardon Under Article 54(2) of the 2023 Criminal Code: A Proportionality Analysis of Sentencing in the Garut and Mempawah District Court Decisions
type: item
description: This study examines the legal construction of judicial pardon (pemaafan hakim) under Article 54(2) of Law Number 1 of 2023 on the Criminal Code (KUHP) and evaluates its application through the lens of sentencing proportionality. Employing a normative legal research methodology with prescriptive analysis, the study applies statutory, case, and conceptual approaches to two district court decisions: Putusan Pengadilan Negeri Garut No. 412/Pid.B/2025/PN Grt, involving intentional assault resulting in serious facial injury, and Putusan Pengadilan Negeri Mempawah No. 512/Pid.B/2025/PN Mpw, involving negligent homicide in a workplace setting. The findings show that judicial pardon is a corrective mechanism in sentencing that does not eliminate the criminal act or the offender’s guilt, but removes the imposition of a sentence on the basis of particular considerations. Its application must be read together with Article 54 paragraph (1) of the 2023 Indonesian Criminal Code and limited by the principle of proportionality. The Garut District Court Decision tends to be proportional with certain reservations, as it involved reconciliation, forgiveness from the victim, and reimbursement of medical expenses, although the injury suffered by the victim was relatively serious. Conversely, the Mempawah District Court Decision tends to be less proportional because it involved the death of the victim, thereby requiring stronger judicial reasoning, particularly concerning victim protection, public interest, and the necessity of punishment. These findings affirm the importance of clear guidelines for the application of judicial pardon in order to prevent sentencing disparity in modern Indonesian criminal justice practice.
creator: Chandra Marojahan Panggabean
creator: Saefullah
creator: Anwar Budiman
rights: Copyright (c) 2026 Chandra Marojahan Panggabean, Saefullah, Anwar Budiman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 6
number: 5
starting page: 4086
ending page: 4100
doi: 10.38035/jlph.v6i5.3535

Legal Protection for Consumers Using Online Motorcycle Taxi Services in the Red Zone Area of Motorcycle Taxi Bases Linked to Law No. 8 of 19999 Concerning Consumer Protection
type: item
description: This study examines legal protection for consumers using online motorcycle taxi services in areas commonly referred to as red zones of conventional motorcycle taxi bases. The issue arises due to operational restrictions imposed on online motorcycle taxi drivers in certain areas, which limit consumers’ ability to freely choose transportation services. The purpose of this research is to analyze the forms of legal protection for consumers and the responsibilities of service providers and the government in ensuring consumers’ freedom to choose transportation services. This research uses a normative legal research method with statutory and conceptual approaches through the analysis of legislation, legal literature, and legal doctrines related to consumer protection and transportation services. The results indicate that legal protection for consumers of online motorcycle taxi services is guaranteed through consumer protection regulations that recognize the rights of consumers to safety, comfort, and freedom to choose services. In addition, the responsibility of service providers and the government is essential in ensuring a fair transportation system that provides legal certainty for society. Therefore, cooperation between service providers and the government is necessary to ensure optimal protection of consumer rights.
creator: Diki Rexsi
creator: Yuniar Rahmatiar
creator: Muhamad Abas
rights: Copyright (c) 2026 Diki Rexsi, Yuniar Rahmatiar, Muhamad Abas https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 6
number: 5
starting page: 4101
ending page: 4111
doi: 10.38035/jlph.v6i5.3321

Legal Protection Theory for Inclusiveness Focusing on the Fulfillment of the Right to Work
type: item
description: Learning from local cases to be adopted in a global context, especially the right to work for people with disabilities and the role of foundations in Yogyakarta as intermediaries for disabled workers' partners with companies. This study focuses on how the law provides protection for the right of inclusion to work as a fulfillment of human rights and the role of foundations in this context. This research attempts to evaluate existing laws and policies related to inclusion and provide suggestions for legal development needed in the legal protection law frame. This research is a legal research using empirical legal methodology where reliable data is collected directly from field evaluation. The main techniques for collecting data are interviews with key informants and documentary research. This research utilizes qualitative analysis, which is conducted concurrently with the data collection procedure. This study concludes that to strengthen inclusiveness in inclusive labor standards, laws and internal regulations must be made to regulate.
creator: Dyah Hapsari Prananingrum
creator: Thyrone Jehuda Mandagi
rights: Copyright (c) 2026 Dyah Hapsari Prananingrum, Thyrone Jehuda Mandagi https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-01
publication date: 2026-08-01
volume: 6
number: 5
starting page: 4112
ending page: 4124
doi: 10.38035/jlph.v6i5.3611

Indonesian National Standard Criminal Acts That Are Mandatory For Producers
type: item
description: Current developments in industry and global trade demand assurance of quality, security, and safety for products circulating in the community. Although the government has implemented mandatory Indonesian National Standards (SNI) with the threat of criminal sanctions, producers often compromise quality to reduce production costs, disregarding the risk of harm to end consumers. This study aims to analyze and describe the effectiveness of the implementation of laws and regulations regarding mandatory SNI by producers, as well as identify factors that influence the process of implementing these regulations in the field, evaluate and measure the level of producer compliance with mandatory SNI regulations, and map the legal and technical obstacles faced by producers in meeting established standards. Compliance plays a role in the modern economic legal order and should not be viewed positivistically, namely, simply as the status of ownership of licensing documents. Compliance is a dynamic behavioral variable, where a producer's normative compliance is constantly tested under the pressure of calculating rational business profits. Based on empirical fact-finding in court rulings and accumulated ministerial supervision data, it is revealed that producer compliance with mandatory SNI regulations is placed in a very fragile position.
creator: Kristanto Kristanto
creator: Waty Suwarty Haryono
creator: Ali Johardi Wirogioto
rights: Copyright (c) 2026 Kristanto, Iwan Subagja, Ali Johardi Wirogioto https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-01
publication date: 2026-08-01
volume: 6
number: 5
starting page: 4125
ending page: 4132
doi: 10.38035/jlph.v6i5.3564

Judicial Legal Reasoning in the Ruling on PT Jiwasraya (Persero) Regarding Provest Saving Plan Policy Claims (A Study Of Decision Number 05/Pdt.G.S/2021/Pn.Jkt.Pst)
type: item
description: PT Asuransi Jiwasraya (Persero) defaulted on claims related to its Provest Saving Plan (JS Saving Plan), an investment-linked insurance product marketed via bancassurance that claimed returns which it ultimately failed to fulfil, resulting in significant losses for policyholders and the state. The default resulted in two judicial rulings obtained via distinct procedural avenues, yielding conflicting results: Decision Number 05/Pdt.G.S/2021/PN.Jkt.Pst via a small-claim action predicated on default (wanprestasi), and Decision Number 759/Pdt.G/2021/PN.Jkt.Pst via a standard civil action based on an unlawful act (perbuatan melawan hukum). This study analyses the legal obligations of PT Asuransi Jiwasraya to Provest Saving Plan policyholders in cases of default, as well as the court's rationale in both rulings. This research utilises normative legal analysis through statutory and case law methodologies. The findings indicate that PT Asuransi Jiwasraya's legal responsibility arises from a valid reciprocal insurance contract and is multifaceted, encompassing civil liability derived from contractual obligations and tortious liability as strict liability; individual criminal liability of directors who violated prudential principles and good corporate governance; and administrative liability enforced by the OJK, resulting in the revocation of its business licence and the dissolution of the company. Secondly, a divergence exists in the judges' legal reasoning stemming from varying interpretations of the term "may" (dapat) within the dispute-resolution clause of the General Policy Terms: in Decision Number 05/Pdt.G.S/2021/PN.Jkt.Pst, the clause was interpreted as facultative, resulting in the suit being granted, whereas in Decision Number 759/Pdt.G/2021/PN.Jkt.Pst, the identical clause was interpreted as a procedural obligation, leading to the suit being deemed premature and inadmissible. This research concludes that upholding policyholders' rights through decisions that safegu…
creator: Fikrun Khair
creator: Wetria Fauzi
creator: Yussy Adelina Mannas
creator: Darmaiza
creator: Bismil Tirta Jalisman
rights: Copyright (c) 2026 Fikrun Khair, Wetria Fauzi, Yussy Adelina Mannas, Darmaiza, Bismil Tirta Jalisman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-01
publication date: 2026-08-01
volume: 6
number: 5
starting page: 4133
ending page: 4144
doi: 10.38035/jlph.v6i5.3540

The Regulation of Wakaf Tunai Calon Pengantin as a Cash Waqf Scheme for Advancing Mashlahah for Family Economic Resilience
type: item
description: This research examines the legal status of Cash Waqf for Prospective Brides and Grooms (WTC) in islamic regulatory frameworks to ensure legal certainty and enhance transparency. This research is a descriptive normative juridical research with statute approach and conceptual approach. The results of this research indicate that the normative status of WTC remains unclear, leading to legal uncertainty and gaps that need to be addressed immediately. Substantively, WTC aligns with maqashid syariah as it is oriented towards strengthening family economic resilience. However, in practice, it has not been realised due to unclear guidelines for implementation, low wakaf literacy, a lack of transparency, conflicts with extortionate fees, and the failure to distribute benefits effectively. This research recommends that WTC need to be supported by technical regulations aligned with national waqf law, involving BWI and the Ministry of Religious Affairs and that the concept of mashlahah mursalah serve as the foundation for drafting family-oriented regulations, such as BWI decrees, circular letters, and operational guidelines for the WTC. The optimalisation of the role of the BWI, the Ministry of Religious Affairs, and the BWI representatives, and strengthening of transparency through a real-time dashboard similar to the 'SatuWakaf' system.
creator: Hanifa Aini
creator: Yasniwati
creator: Devianty Fitri
rights: Copyright (c) 2026 Hanifa Aini, Yasniwati, Devianty Fitri https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-02
publication date: 2026-08-02
volume: 6
number: 5
starting page: 4145
ending page: 4157
doi: 10.38035/jlph.v6i5.3597

Juridical Analysis of the Use of a Power of Attorney to Sell Made Before a Notary that Gives Rise to the Criminal Act of Money Laundering (Case Study of Decision Number 248/Pid.B/2022/PN JKT.Brt)
type: item
description: This research is motivated by the misuse of a power of attorney to sell made before a notary without the presence and consent of the legally entitled party, whereby the deed was subsequently used as the basis for the unlawful transfer of land rights. This issue is important to examine because notarial deeds and deeds made by Land Deed Officials possess strong evidentiary value, yet in practice they may be misused to create the appearance of legality for transactions that are in fact contrary to law. This study aims to analyze the legal standing of a power of attorney to sell in relation to a deed made before a notary without the presence of the parties, as well as to analyze the use of such power of attorney that may give rise to the criminal act of money laundering. This research employs normative legal research using statutory and case approaches. The object of this study is the Decision of the West Jakarta District Court Number 248/Pid.B/2022/PN Jkt.Brt, examined through primary, secondary, and tertiary legal materials. The data were obtained through library research and analyzed qualitatively by connecting legal provisions, doctrines, and legal facts contained in the court decision. The results of the study indicate that a power of attorney to sell made without the presence of the parties does not fulfill the formal requirements of an authentic deed, as the notary is unable to verify the identity, intention, and consent of the grantor. Such a deed may lose its authentic evidentiary force and may be challenged as the basis for the transfer of land rights. Furthermore, the unlawful use of a power of attorney to sell may serve as a means to transfer, conceal, or disguise the origin of assets derived from criminal acts, particularly when certificates that have been transferred into another name are subsequently pledged as collateral, sold, or used to obtain economic benefit. These findings affirm that violations of deed-making procedures may affect the validity of a…
creator: Alinda Julietha Adnan
creator: Ali Abdullah
rights: Copyright (c) 2026 Alinda Julietha Adnan, Ali Abdullah https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-03
publication date: 2026-08-03
volume: 6
number: 5
starting page: 4158
ending page: 4165
doi: 10.38035/jlph.v6i5.3314

Normative Review of EU Unilateral Data Flow Regulation and Non-Discrimination
type: item
description: The rapid expansion of the digital economy has intensified regulatory tensions surrounding cross-border data flows. The European Union’s unilateral measures—particularly the General Data Protection Regulation (GDPR) and the adequacy decision mechanism—have reshaped global data governance. While intended to safeguard personal data, these measures raise concerns regarding their compatibility with the principle of non-discrimination under the WTO/GATS framework and their broader implications for international digital trade. This study employs a normative legal research approach, analyzing primary legal sources including the GDPR, WTO/GATS provisions, adequacy decisions, and relevant jurisprudence of the Court of Justice of the European Union. It also incorporates comparative policy analysis and doctrinal interpretation to evaluate the trade-related effects of the EU’s unilateral regulatory actions. The research aims to assess whether the EU’s unilateral regulation of cross-border data transfers constitutes a legitimate exercise of regulatory sovereignty or functions as a disguised restriction on trade. It further seeks to examine the extent to which such measures align with the non-discrimination principle in international digital trade law. The findings indicate that although the GDPR’s extraterritorial scope enhances global data protection standards, its compliance requirements impose disproportionate burdens—particularly on developing countries—potentially amounting to non-tariff barriers. Selective adequacy decisions risk undermining multilateralism, contributing to regulatory fragmentation, and widening the global digital divide. This study contributes a normative trade-law perspective to the discourse on EU data governance, critically linking data protection regulation with WTO non-discrimination principles and highlighting the need for more inclusive, transparent, and multilateral digital governance reforms.
creator: Annisa Fitria
creator: Rita Alfiana
rights: Copyright (c) 2026 Annisa Fitria, Rita Alfiana https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
volume: 6
number: 5
starting page: 4166
ending page: 4176
doi: 10.38035/jlph.v6i5.3408

Indonesian Air Force Transformation Strategy Towards Multi-Domain Operations (MDO) Through Adapting The Asian Country Model To Face Modern Warfare
type: item
description: Perkembangan lingkungan strategis global dan perubahan karakter peperangan modern telah mendorong transformasi konsep operasi militer dari pendekatan domain tunggal menjadi Operasi Multi-Domain (MDO) yang mengintegrasikan domain darat, laut, udara, siber, ruang angkasa, dan spektrum elektromagnetik untuk menciptakan keunggulan pengambilan keputusan. Kondisi ini mengharuskan Angkatan Udara Indonesia (TNI AU) untuk melakukan transformasi agar mampu mengatasi ancaman multidimensi yang semakin kompleks di kawasan Indo-Pasifik dan lingkungan strategis nasional. Studi ini bertujuan untuk merumuskan strategi dan peta jalan transformasi TNI AU menuju MDO dengan mengadaptasi model negara-negara Asia, khususnya Jepang, Korea Selatan, Singapura, dan India. Kajian ini menggunakan metode kualitatif dengan pendekatan deskriptif-analitis serta pendekatan konseptualisasi, komparatif, dan strategi melalui kajian literatur tentang doktrin militer, kebijakan pertahanan, regulasi, dan literatur terkait. Hasil penelitian menunjukkan bahwa TNI AU memiliki fondasi awal menuju operasi multi-domain melalui pengembangan konsep Sistem Pertahanan Angkatan Udara CAKRA, penguatan organisasi Koopsudnas, pengembangan Tactical Data Links, kemampuan siber dan ruang angkasa, serta implementasi Network Centric Warfare. Namun, transformasi ini masih menghadapi beberapa tantangan, seperti kurangnya definisi operasional MDO yang sesuai dengan karakteristik Indonesia, interoperabilitas sistem yang terbatas, kebutuhan untuk memperkuat kemampuan C4ISR/C5ISR/C6ISR, kesiapan sumber daya manusia multidomain, dan penguatan perlindungan industri nasional. Studi ini menyimpulkan bahwa transformasi Angkatan Udara Indonesia MDO perlu diimplementasikan secara bertahap menuju praktik adaptasi terbaik dari negara-negara Asia sambil tetap mempertimbangkan karakteristik geografis Indonesia, sistem pertahanan total, dan kepentingan pertahanan nasional untuk mewujudkan angkatan udara yang terintegrasi, adaptif, dan siap m…
creator: Alem Safiero
creator: Rahmad Hidayat
creator: M. Sudardi Sufri Hasta
creator: Prito A.D.R
creator: Enggal Augusendy
creator: I Gde Prabawa
rights: Copyright (c) 2026 Alem Safiero, Rahmad Hidayat, M. Sudardi Sufri Hasta, Prito A.D.R, Enggal Augusendy, I Gde Prabawa https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
volume: 6
number: 5
starting page: 4177
ending page: 4188
doi: 10.38035/jlph.v6i5.3545

https://dinastires.org/JLPH/article/view/3614
type: item
title: Protection of the Rights of Secured Creditors Who Reject the Composition in the Suspension of Debt Payment Obligations: An Analysis of Articles 281 and 286 of the Law on Bankruptcy and Suspension of Debt Payment Obligations from the Perspective of Legal Politics and Legal Certainty
description: This research analyzes the legal position of secured creditors who reject the composition in the Suspension of Debt Payment Obligations (PKPU) process, particularly in relation to the normative conflict between the Law on Mortgage Rights (UUHT) and the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU). The UUHT provides absolute protection through the principles of droit de préférence and droit de suite, whereas the PKPU limits these rights through the stay period and the voting mechanism of the composition plan. Tension arises when secured creditors who reject the composition remain bound by the voting outcome, even though their rights originate from proprietary security rights that constitute real rights. By using a normative juridical method enriched with a legal hermeneutic approach, a limited comparative analysis, and a legal-political analysis, this research finds that Articles 281 and 286 of the UUK PKPU do not provide adequate protection mechanisms for secured creditors. The minutes of the Working Committee of the House of Representatives of the Republic of Indonesia (DPR-RI) in 2004 indicate that the lawmakers did not intend to downgrade the status of proprietary rights; thus, the current normative design of the PKPU creates a legislative gap that deviates from the original objectives of its formation. The lack of synchronization between the Law on Mortgage Rights (UUHT) and the Law on Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU) creates legal uncertainty, undermines substantive justice, and has serious implications for the investment climate and national financial stability. This research recommends regulatory harmonization through objection procedures, opt-out mechanisms, protection of collateral value, and the revision of Article 286 of the UUK PKPU to align with the principles of proprietary rights and international standards of creditor protection. Keywords: Mortgage rights, legal certainty, secured creditors, …
creator: Biner Sihotang
rights: Copyright (c) 2026 Biner Sihotang https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
volume: 6
number: 5
starting page: 4189
ending page: 4208
doi: 10.38035/jlph.v6i5.3614

https://dinastires.org/JLPH/article/view/3690
type: item
title: A Legal Analysis of Constitutional Court Ruling Decision Number 195/PUU-XXIV/2026 on the Affirmation of Direct Popular Elections for Regional Heads from the Perspective of the 1945 Constitution of the Republic of Indonesia
description: This study aims to analyze the legal reasoning and constitutional implications of Constitutional Court Decision Number 195/PUU-XXIV/2026 concerning the judicial review of Article 1 paragraph (1) of Law Number 8 of 2015 on the Election of Governors, Regents, and Mayors, as last amended by Law Number 6 of 2020. The petition was submitted on the grounds that the phrase "directly" created legal uncertainty and potentially allowed the regional head election mechanism to be shifted to representative institutions. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of the 1945 Constitution of the Republic of Indonesia, statutory regulations, Constitutional Court Decision Number 195/PUU-XXIV/2026, and relevant legal literature and scientific journals. The findings indicate that the Constitutional Court declared the petition inadmissible because the petitioners failed to satisfy the legal standing requirements under the Constitutional Court procedural law. Nevertheless, the Court's legal considerations reaffirm the importance of popular sovereignty, constitutional democracy, and legal certainty in the regional head election system. The decision strengthens the understanding that regional heads must continue to be elected directly by the people in accordance with Article 1 paragraph (2) and Article 18 paragraph (4) of the 1945 Constitution. This study concludes that the Constitutional Court's decision plays a significant role in preserving the consistency of local democracy, ensuring legal certainty regarding the regional election system, and reinforcing the principles of a democratic state governed by the rule of law in Indonesia
creator: Juanda Juanda
creator: Ogiandhafiz Juanda
rights: Copyright (c) 2026 Juanda Juanda, Ogiandhafiz Juanda https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
volume: 6
number: 5
starting page: 4209
ending page: 4219
doi: 10.38035/jlph.v6i5.3690