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All Journal Lex Scientia Law Review Journal of Private and Commercial Law Jurnal Pengabdian Hukum Indonesia Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Varun Chhachhar
Faculty of Law, University of Lucknow
Law, Crime, Criminology & Criminal Justice

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From Law to Justice: Ownership Restrictions in the Fight for Agrarian Equity Varun Chhachhar; Sumarno Sumarno; Joan Antonio Gonzales
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.3288

Abstract

This study examines the intersection of law and justice in the context of land ownership restrictions under agrarian reform in Indonesia, highlighting the tension between statutory frameworks and the pursuit of social equity. Indonesia’s Agrarian Law (Law No. 5 of 1960) and subsequent regulations were designed to redistribute land and promote equitable access, yet ownership restrictions and bureaucratic challenges often perpetuate structural inequalities, limiting the realization of true agrarian justice. This research critically analyzes the legal framework governing land tenure, including limits on private ownership, land certification, and redistribution programs, and evaluates their socio-legal implications for smallholder farmers and rural communities. The novelty of this research lies in its dual lens: it examines not only the legality of ownership restrictions but also their ethical and distributive impact, bridging legal analysis with normative considerations of justice. By situating Indonesian agrarian law within broader debates on social equity, the study identifies gaps between formal legal mechanisms and the lived realities of marginalized populations. The study contributes to both legal scholarship and policy-making by offering insights into how ownership restrictions can be reformed to better align with principles of fairness, equity, and community welfare. Ultimately, it argues that achieving agrarian justice in Indonesia requires both legal compliance and normative reforms that prioritize social justice alongside statutory regulation.
Revisiting Liberty of Woman Under Rape Laws in India with Reference to Bhartiya Nyaya Sanhita: A Critical Legal Analysis Manjari Singh; Ridwan Arifin; Varun Chhachhar; Marina Gorbatiuc; Shobhit Pratap Singh; Prashant Singh
Unnes Law Journal Vol. 12 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.48005

Abstract

Rape was clearly defined as an offence in the Indian Penal Code of 1860, drafted by the First Law Commission. For over a century, criminal laws relating to rape cases remained unchanged until the Mathura Custodial Rape Case prompted the Criminal Law (Second Amendment) Act of 1983. Subsequent legislative responses followed major cases, the 2012 Delhi Rape Case led to the Criminal Law (Amendment) Act, 2013, which provided for the death penalty in rape cases in which the death of the victim is caused or she is left in a vegetative state; the Unnao Rape Case of 2017 precipitated the Criminal Law (Amendment) Act, 2018, which made the punishment more strict and inserted several provisions; and in July 2024, new criminal laws were enforced. Despite these successive legislative interventions, each considered revolutionary in its time, heinous incidents have continued unabated, from the Hyderabad Rape Case of 2019 and the Hathras Rape Case of 2020 to the Kolkata Rape Case of August 2024. The cases from Mathura custodial rape to Kolkata rape have witnessed no change in the mentality of the society, which revolves around gender injustice and questions the physical appearance of a girl/woman. This paper analyses the rape laws through a critical examination of the after-effects of the 2013 and 2018 amendments of old criminal laws and the provisions of new criminal laws. It also traces the evolving meaning of the "personal liberty" of women across this period. The analysis reveals that deterrent laws have become a necessity, yet their implementation in society remains ineffective. The core cause behind these recurring cases lies not merely in legislative gaps but in deeply entrenched social attitudes that successive amendments have failed to address. Legislative reform alone cannot deliver justice when societal mentality remains unchanged. This paper employs a doctrinal-analytical method, drawing on constitutional provisions, statutory texts, Supreme Court jurisprudence, parliamentary committee reports, and National Crime Records Bureau data to critically examine the legislative and judicial treatment of rape law in India. This paper criticizes the gap between law on paper and law in action, underscoring that the personal liberty of women demands not only stronger legal frameworks but their meaningful and consistent enforcement.
Balancing Digital Rights with Environmental Sustainability: A Move Towards Climate Justice Varun Chhachhar; Niharika Kumar
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13679

Abstract

The rapid growth of digital technology has profoundly impacted both human lives and the environment. According to the 2024 Digital Economy Report: Shaping an Environmentally Sustainable and Inclusive Digital Future, India’s global share of screens, computers, and small IT and telecommunication (SCSIT) waste has increased from 3.1% in 2010 to 6.4% in 2022. The United Nations Conference on Trade and Development (UNCTAD) also reported a 163% increase in India’s generation of electronic waste from SCSIT. E-waste, due to the presence of hazardous materials like heavy metals, lead, and mercury, poses significant environmental and health risks, necessitating proper disposal methods. A key challenge is the growing reliance on digital technologies for essential services, such as e-commerce and e-banking. The expansion of human rights to include digital rights has created a conflict between the freedom of expression and the duty to protect the environment, especially regarding climate change. This article explores the extent of dependency on electronic devices, purchasing patterns, and attitudes toward responsible e-waste disposal and recycling. It examines the effectiveness of India’s current legal and policy framework for e-waste management, focusing on the informal sector’s recycling practices, which pose additional risks. Using empirical data collected from working professionals, students, and homemakers, the study finds that while electronic device ownership is widespread, with most respondents owning more than five devices, e-waste disposal practices are largely irresponsible. Discarded devices are often stored rather than recycled or sold to authorized collectors. This indicates a lack of awareness, resources, and proper infrastructure. The findings underscore the need for a comprehensive policy framework that mandates responsible usage and disposal, empowers municipalities with necessary resources, and penalizes illegal recycling practices.
Reevaluating Risk and Responsibility: Broader Implications of Construction Contract Regulations in Indonesia and Globally Yossica Ariatami Edwina; Putra Alfa Rizki; Varun Chhachhar; Phuvadech Rasamichai
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.14110

Abstract

This article critically examines the evolving landscape of risk and responsibility in construction contract regulations, with a focus on Indonesia and broader global contexts. A construction project is inherently subject to various risks, which increase in proportion to the project's complexity. Discrepancies between planning and actual conditions often lead to unforeseen risks, placing significant responsibility on all parties involved. In Indonesia, regulatory frameworks such as the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) and the Construction Law (Undang-Undang No. 2/2017) provide some guidance, but ambiguities surrounding risk management and contractor responsibility persist, often resulting in disputes, project delays, and inefficiencies. This research, using a normative juridical method with a statute approach, critically explores the division of risk burden (risk sharing) and the responsibilities of parties in construction contracts under both Indonesian laws and the guidelines of the International Federation of Consulting Engineers (FIDIC). The study also reviews risk allocation practices in other jurisdictions, such as the European Union, the United States, and the United Kingdom, to provide insights into varying approaches to risk management. The results indicate that parties involved in construction projects share an implicit obligation to collaborate in minimizing the negative consequences of unforeseen events. By categorizing risks according to their sources and types, a fair, balanced, and equitable risk-sharing framework can be achieved. This paper proposes the need for a redefined regulatory framework in Indonesia that integrates transparent accountability measures and collaborative risk management strategies, contributing to a more sustainable and efficient construction environment both domestically and globally.
Building a Model for Refugee Rights Fulfillment: Community Collaboration at Cisarua Refugee Learning Centre in the Context of International Law Ridwan Arifin; Shofriya Qonitatin Abidah; Mutmainah Nur Qoiri; Ngboawaji Daniel Nte; Souad Ezzerouali; Varun Chhachhar
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.33111

Abstract

This study explores the model of fulfilling refugee rights through community collaboration, with a specific focus on the Cisarua Refugee Learning Centre (CRLC) in Indonesia. Refugees, as one of the most vulnerable groups globally, often face significant challenges in accessing their basic rights, including education, healthcare, and legal protection. The research analyzes how community-based initiatives, especially through the CRLC, contribute to the realization of refugee rights in the context of international law, such as the 1951 Refugee Convention. This study emphasizes the importance of collaboration between refugees, local communities, and international organizations in fostering an inclusive environment for refugees to access essential services. By examining the CRLC's efforts in providing education, skills, and advocacy for refugees, this paper proposes a sustainable model for refugee rights fulfillment that aligns with international legal standards.
Co-Authors Joan Antonio Gonzales Manjari Singh Marina Gorbatiuc Mutmainah Nur Qoiri Ngboawaji Daniel Nte Niharika Kumar Phuvadech Rasamichai Prashant Singh Putra Alfa Rizki Ridwan Arifin Shobhit Pratap Singh Shofriya Qonitatin Abidah Souad Ezzerouali Sumarno Sumarno Yossica Ariatami Edwina