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Disability Law Reform in Indonesia: Analyzing Policy Gap Implementation in Kudus Regency Dewi, Siti Malaiha; Qodarsasi, Umi; Sally, Novian Uticha; Syamsudin, Muhammad Hasan; Maskur, Muhammad Azil
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.24260

Abstract

Regional Regulation Number 10 of 2021 on the Protection and Fulfillment of the Rights of Persons with Disabilities in Kudus City is a hope for the realization of an inclusive city. The number of people with disabilities in Kudus City reaches 0.5% of the total population of Kudus. Still, data in the field reveal that implementing the Disability Regional Regulation in Kudus faces significant implementation barriers. This study examines legal reforms that can be carried out by focusing on complementing the shortcomings of previous studies, which more often portrayed the success of the implementation of the Regional Regulation and disregarded the aspects of obstacles and barriers in the implementation process. In addition, this study analyzes the failure of implementing the Disability Regional Regulation and the factors causing it. The design of this study is qualitative, where data collection was performed through interviews, online sources, and reports. The leading theory used in this study is the implementation of policies from George C. Edward III. The findings of this study stated that four variables must be re-evaluated in implementing the Disability Regional Regulation in Kudus, including communication, resources, disposition, and bureaucratic structure. The results of this study include a recommendation for the regional government to promptly enact the Regent Regulation (Perbup) so that the goals of protecting and fulfilling the rights of persons with disabilities can be achieved without further delay.  
Establishing Indonesia’s Personal Data Protection Agency: Comparative Administration Sanctions Enforcement from Ireland, Australia, and Singapore 'Aisy, Firsta Rahadatul; Maskur, Muhammad Azil; Amiruddin, A.M Adzkiya'
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.13755

Abstract

In the digital era, technological advancements have enabled governments and corporations to streamline services and expand market reach, often leading to the collection and transfer of personal data without the knowledge of data subjects. This poses significant risks to constitutional rights. Indonesia’s Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) aims to address these risks, yet frequent data breaches indicate ineffective enforcement of administrative sanctions due to the absence of an independent authority. This study analyzes the urgency of establishing a Personal Data Protection Agency in Indonesia, evaluates current sanctions under the PDP Law, and compares the enforcement mechanisms of data protection agencies in Ireland, Australia, and Singapore. Using a normative legal approach with qualitative methods, the research finds that these countries’ independent agencies effectively enforce data protection laws and administrative sanctions. The study reveals significant enforcement shortcomings in Indonesia, underscoring the need for a dedicated authority to prevent violations and protect personal data rights. By adopting best practices from Ireland, Australia, and Singapore, Indonesia can enhance its data protection framework. Immediate action by the President to establish this authority through a Presidential Regulation is crucial for safeguarding personal data in the digital age.
Rechterlijk Pardon Concept for Elderly Criminal Offenders: Konsep Rechterlijk Pardon Bagi Pelaku Tindak Pidana Lansia Angga, Angga; Maskur, Muhammad Azil
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.10883

Abstract

The concept of rechterlijk pardon is a reform in the Criminal Code that can ease the burden on elderly people who are perpetrators of criminal acts. Efforts to avoid being sentenced to prison remind the author of restorative justice which prioritizes restoration or returning to the original situation for both the victim and the perpetrator. In this research, there are 2 (two) problem formulations, namely whether the rechterlijk pardon concept can be applied to elderly criminal offenders and how the rechterlijk pardon concept can be applied to elderly criminal offenders to realize restorative justice. This research uses a qualitative research approach and normative juridical research. The research focuses on juridical review in the concept of rechterlijk pardon in the Criminal Code. Research comes from primary legal materials such as the Criminal Code and relevant legal instruments, then secondary legal materials, such as books and literature in the form of legal journals, and various dictionaries as tertiary legal materials. Triangulation techniques are used to validate data with sources, theories and previous research. Based on this research, according to the concept of rechterlijk pardon in the Criminal Code, judge forgiveness can be applied to criminal offenders aged 75 years and over. However, based on research regarding the physical and psychological condition of the elderly, elderly people under 75 years also require special attention in sentencing. Apart from that, the concept of rechterlijk pardon would be better if it worked in accordance with restorative justice which provides a win-win solution for both the victim and the perpetrator.
Modification of Prison Sanctions as an Effort to Overcome Overcapacity in Correctional Institutions in Indonesia: Modifikasi Sanksi Pidana Penjara Sebagai Upaya Mengatasi Overkapasitas dalam Lembaga Pemasyarakatan di Indonesia Cameron, Calvin; Maskur, Muhammad Azil
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.11200

Abstract

Prison sentences remain one of the types of sanctions frequently imposed as a means of controlling criminal acts. This is due to the tendency to form criminal law regulations oriented towards punishment and sentencing, leading to over-criminalization, which in turn triggers overcapacity in correctional institutions, thus affecting the essence of the rehabilitation and reintegration process. This study employs a qualitative research approach with empirical research types. The data used consists of primary data sources, including interviews with officers from Semarang Class I Correctional Institution and judges from Semarang Class IA Special District Court, and secondary data sources, including legal regulations and scholarly publication materials such as journals, theses, dissertations, books, and legal dictionaries. The data collected is then processed, reduced, analyzed, and described descriptively. The research findings indicate that overcapacity occurs due to regulations and sentencing systems that tend to be oriented towards imprisonment. The prevalence of imposing prison sentences is also caused by extensive regulation within and outside the Criminal Code, combined with the law enforcement paradigm that views imprisonment as an obligation and the absence of sentencing guidelines. The overcapacity condition then triggers negative effects and the failure to fulfill the essence of rehabilitation and reintegration. Sanction modification efforts include reducing prison sentences through the application of weekend jail (intermittent sentencing); recovery and rehabilitation; judicial pardon; and the implementation of restorative justice.  
Reimagining Criminal Liability in the Age of Artificial Intelligence: Toward a Comparative and Reform-Oriented Legal Framework Maskur, Muhammad Azil; Masyhar, Ali; Damayanti, Ratih; Ramada, Diandra Preludio; Sanyal, Subhra
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.35540

Abstract

As artificial intelligence (AI) systems increasingly permeate decision-making processes across sectors—from autonomous vehicles to predictive algorithms in finance and law enforcement—traditional frameworks of criminal liability face unprecedented challenges. This article critically examines the adequacy of existing criminal law doctrines in attributing liability when harm arises from autonomous or semi-autonomous AI actions. It explores the tension between actus reus and mens rea in cases involving algorithmic behavior, and interrogates whether AI entities can or should be treated as legal subjects under penal law. Through a comparative legal analysis of jurisdictions including the United States, the European Union, Japan, and Indonesia, the study identifies divergent approaches to regulating AI-related harm and assigning culpability. The article highlights emerging models such as strict liability, vicarious liability, and hybrid regulatory frameworks, and evaluates their potential for adaptation within Indonesia’s evolving legal system. Special attention is given to the role of developers, corporations, and state actors in shaping accountability mechanisms. The paper concludes by proposing a normative framework for reimagining criminal liability in the age of AI—one that balances innovation with legal certainty, and integrates ethical safeguards, technological transparency, and procedural fairness. This framework aims to inform future legislative reform in Indonesia and contribute to global discourse on AI governance and criminal justice.
Realizing Political Leadership with Integrity Through Political Education: A Study of KOMPAK-API Maskur, Muhammad Azil; Fikri, Wildan Azkal; Indraswara, Dede
Jurnal Pengabdian Hukum Indonesia Vol. 7 No. 2 (2024): (July-December, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i2.14365

Abstract

Political leadership with integrity is a must in realizing a golden Indonesia. However, corruption then becomes something that hinders leadership with integrity. Because of this, this study was conducted by the Anti-Corruption Counselor Community Forum-Integrity Building Experts (KOMPAK-API) which focuses on the realization of leadership with integrity through political education. This study raises the formulation of the problem in the form of What is the role of KOMPAK-API in conducting political education in Central Java? How can political education lead to the birth of political leadership with integrity? The study was conducted using a qualitative-descriptive method and found answers regarding the close relationship between political education carried out by KOMPAK-API and political leadership with integrity in Central Java. Political education is carried out at elementary school, high school, and university levels. Not only for students but also for all teachers. Based on this, political education is recognized as being able to realize political leadership with integrity in order to achieve a Golden Indonesia in 2045.
Legal Aspect of Digital Transformation of Coffee and Tobacco Products in Batursari Village, Kledung Temanggung Indonesia Maskur, Muhammad Azil; Fikri, Wildan Azkal; Indraswara, Dede
Jurnal Pengabdian Hukum Indonesia Vol. 7 No. 1 (2024): (January-June, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i1.16198

Abstract

This study examines the legal aspects of the digital transformation of coffee and tobacco products in Batursari Village, Kledung, Temanggung, Indonesia, with a focus on enhancing the welfare of local entrepreneurs. Batursari Village, rich in natural resources, has significant potential for growth in its coffee and tobacco industries. The research aims to develop strategies for improving the welfare of these entrepreneurs through product digitalization, aligning with the mandate of Article 33 of the 1945 Constitution, which emphasizes the principle of kinship in the economy. Utilizing a mixed-methods approach, including surveys and focus group discussions with local entrepreneurs, the study identifies key challenges and opportunities in digital transformation. While the potential for expanding market access and increasing productivity through digital tools is evident, a lack of digital literacy and limited technological access have been significant barriers. The research highlights the importance of addressing legal aspects related to digital marketing, e-commerce regulations, and compliance with product standards. The study concludes that empowering local entrepreneurs with training in digital marketing and e-commerce can significantly improve market access, productivity, and overall welfare. Recommendations include implementing technical guidance sessions and providing ongoing support to facilitate the adoption of digital tools. Additionally, addressing legal and policy challenges is crucial to create a supportive environment for digitalization in rural economies. This research contributes valuable insights into how digital transformation can be harnessed to boost economic growth and welfare in rural agricultural communities, with a specific focus on Batursari Village’s coffee and tobacco industries.
Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income Maskur, Muhammad Azil; Masyhar, Ali; Kusuma, Bagus Hendradi; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.33915

Abstract

Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.
Kewenangan Mahkamah Pidana Internasional (ICC) dalam Mengeluarkan Surat Perintah Penangkapan terhadap Non-Anggota Statuta Roma: Studi Kasus Perintah Penangkapan Benjamin Netanyahu (The International Criminal Court (ICC) Jurisdiction: Arrest Warrants Beyond Rome Statute States, a Netanyahu Analysis) Maulana, Adrian; Damanyanti, Ratih; Maskur, Muhammad Azil
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28584

Abstract

Armed conflict has driven the evolution of International Humanitarian Law (IHL) to minimize suffering, yet severe violations persist, necessitating effective enforcement mechanisms like the International Criminal Court (ICC), established by the Rome Statute in 1998. The ICC holds jurisdiction over individuals responsible for genocide, crimes against humanity, war crimes, and the crime of aggression. This article analyzes the ICC's jurisdiction over non-member states of the Rome Statute and the validity of the warrant of arrest issued against leaders from such states, specifically Benjamin Netanyahu, Prime Minister of Israel. Although Israel is not a state party, the ICC can assert jurisdiction if the alleged crimes occurred in the territory of a state party or if the situation is referred by the UN Security Council, in line with the principle of complementarity. The issuance of the warrant of arrest against Netanyahu on May 20, 2024, was based on Article 58 of the Rome Statute following alleged war crimes and crimes against humanity in Gaza, a territory of Palestine (a state party to the Rome Statute), providing a strong legal basis. However, its implementation faces political challenges and rejection from some member states, which could violate their obligations under Article 86 of the Rome Statute.
REFORMULASI PERATURAN TENTANG DISABILITAS DALAM BIDANG PENDIDIKAN BERDASARKAN NILAI KEADILAN SOSIAL Lestari, Eta Yuni; Diamantina , Amalia; Maskur, Muhammad Azil; Santi, Yeni
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18342

Abstract

Fulfilling the rights of persons with disabilities is a shared responsibility between the government and society. Philosophically and juridically, the legal umbrella is the basis for fulfilling the rights of persons with disabilities in various fields. In reality, there is still discrimination against people with disabilities in various areas of life, including in the field of education. The problem formulation in this paper aims to examine how the reformulation of disability law policy in the education sector is in line with the values ​​of social justice. This research is normative legal research using a conceptual, statutory approach. Sources of legal materials are primary legal materials, namely from legislation, books and journals. The data collection method uses library research, analyzed using a deductive thinking process to draw conclusions. The results of the research show that legal reformulation of persons with disabilities in the education sector is carried out with reference to philosophical (in accordance with Pancasila), juridical (harmonization and synchronization) of regulations regarding persons with disabilities both based on national and global law), and sociological (discrimination against persons with disabilities still occurs). which is contrary to human rights). The reformulation framework proposed by the author, harmonization and synchronization in the use of the term and classification of "disability" in legislation, harmonization and synchronization of rights in the field of education, reviewing inclusive school policies so that they comply with the principles of social justice.