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All Journal Jurnal Ilmiah Hukum LEGALITY Journal of Law and Legal Reform PALAR : Pakuan Law Review
Willy Naresta Hanum
Faculty of Law, Universitas Diponegoro, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of The Commission for The Acceleration of Police Reform in Integrating Legal Politics with The Reconstruction of The Constitutional and Legislative Systems Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Bagus Hermanto; Willy Naresta Hanum; Aziz Widhi Nugroho
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.87

Abstract

The institutional reform of the Indonesian National Police (Polri) is a strategic agenda in realizing democratic and just governance. One of the main challenges is the integration of legal politics and the reconstruction of the constitutional system and legislation consistent with national legal principles. This study aims to analyze the role of the Commission for the Acceleration of Indonesian National Police Reform in integrating legal politics with the reconstruction of the constitutional system and legislation, identify supporting and inhibiting factors in the integration process, and evaluate its impact on the effectiveness of Polri institutional reform. The research method used is qualitative with a normative-sociological legal approach, involving legal document analysis, literature studies, semi-structured interviews, and participant observation. The results show that the Commission successfully bridged inter-institutional coordination, regulatory harmonization, and the implementation of institutional practices aligned with the principles of legal politics, thereby increasing the effectiveness of reform. Supporting factors include political support and internal awareness of the Polri, while obstacles arise from overlapping regulations, internal resistance, and limited resources. This study makes a scientific contribution by emphasizing the importance of integration between legal norms and the socio-institutional context for sustainable institutional reform. Keywords: Commission for the Acceleration of Police Reform; Legal Politics; State Reconstruction.
Criminal Liability for Corruption of Bribery: Problems and Legal Reform Rian Saputra; M Zaid; Muhammad Kurniawan Budi Wibowo; Willy Naresta Hanum; Devi Triasari
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

Abstract

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.
Legal Certainty Based Protection of Well-Known Marks: Lessons from India Rian Saputra; Pujiyono Suwadi; Willy Naresta Hanum; Tiara Tiolince; Giovan Bintang Graha Pratama
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.42820

Abstract

This study identifies issues in the protection of 'well-known marks' in Indonesia and proposes remedies for their preservation through amendments to Indonesia's trademark legislation, with a focus on legal certainty. This study employs a normative legal analysis utilising a technique based on court decisions, statutes, concepts, and comparisons, with India serving as the reference point. This study concludes that, from a philosophical standpoint, legal protection for 'well-known marks' protects both the economic rights of legitimate trademark holders and consumers from misguided product choices due to the exploitation of 'well-known marks' by unscrupulous entities seeking to profit from the brand's reputation. The difficulty of protecting prominent trademarks in Indonesia stems from ambiguous and perhaps illogical legislation. The absence of a definition and standards for 'well-known marks' in the 2016 Trademarks Act, along with provisions on trademark infringement that solely protect registered trademarks. Conversely, India has clearly defined 'well-known marks' in the 1999 Trademarks Act. Indian trademark law protects 'well-known marks' via a mechanism wherein the judiciary or the trademark registration authority acknowledges certain marks. It also outlines trademark infringement related to both registered and unregistered trademarks, including 'famous trademarks'. Therefore, amending Indonesia's trademark legislation to protect 'well-known marks' is crucial for ensuring legal clarity by: first, defining 'well-known marks' and their criteria under the 2016 Trademark Law; second, providing administrative protections for 'well-known trademarks' through recognition by the Directorate General of Intellectual Property; third, broadening the meaning of trademark infringement to include not only registered trademarks but also all trademarks, including 'well-known marks.'
Co-Authors Aziz Widhi Nugroho Bagus Hermanto Devi Triasari Giovan Bintang Graha Pratama Lita Tyesta Addy Listya Wardhani M Zaid Muhammad Kurniawan Budi Wibowo Pujiyono Suwadi Rengga Kusuma Putra Rian Saputra Tiara Tiolince