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International Journal of Law Reconstruction
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Arjuna Subject : -
Articles 157 Documents
Strategies for Implementing Progressive Law for Societal Development and Economic Growth Nainggolan, Bernard
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.36008

Abstract

The concept of progressive law is placed in a sociological perspective where law is directed to serve the interests of society. This research aims to create a more just, sustainable and participatory economy for Indonesian society, by placing sustainability as the main focus. This research identifies the challenges faced by Third World countries, especially in the context of globalization which leads to the domination of global economic actors over resources and markets. This has led to social stratification that is increasingly felt globally, increasing inequality and presenting sustainability and justice issues. Furthermore, concrete steps are needed to improve the legal system and mechanisms that support progressive economic development, including optimizing the Anti-Monopoly Law to prevent economic concentration, as well as implementing a progressive tax system to create a fairer distribution of wealth. In addition, this research encourages the active role of local governments, community-based market mechanisms, and community agricultural development.
Consent of E-Wallet Personal Data Subjects on Cross-Border Data Transfer Dewi, Kadek Ary Purnama; Dharmawan, Ni Ketut Supasti
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.32711

Abstract

Indonesia is the highest country in Southeast Asia using electronic wallets or e-wallets. However, e-wallets as mobile payment services provide risks and problems for their users. The submission of personal data by users and the acceptance of personal data by e-wallet application providers are seen as legally enforceable statements of will. Protection of personal data on e-wallets is very necessary. The purpose of this research is to find out the protection of personal data which is the protection of human rights and the enforcement of the values of justice for consumers. This research is normative juridical research using analytical and conceptual approach, the statute approach and comparative approach. Literature study was conducted on the collection of primary and secondary legal materials, then the analysis was carried out qualitatively. The results of the research show that the regulatory model for the protection of personal data on e-wallets in the future requires arrangements regarding the obligation of consent from personal data subjects in personal data transfer activities both at home and abroad. Technical arrangements regarding the protection of personal data on e-wallets must be outlined in Bank Indonesia Regulations and Financial Services Authority Regulations.
The Idea of Legal Reform Implementation Assessment Risks and Criminogenic Needs of Residivist Inmates in Overcoming Residivism Darmawati, Darmawati; Nur, Rafika; Badu, Harun A.
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.40241

Abstract

The implementation of the development program for prisoners cannot be separated from the results of assessment recommendations carried out by correctional assessors, both risk assessments and needs assessments as stated in Law Number 22 of 2022 concerning Corrections. In carrying out the assessment, there are several obstacles in terms of substance, structure, infrastructure, culture and society so that the implementation of the guidance does not run optimally, resulting in recidivism. Every year, the number of recidivists at the Class II A Gorontalo Penitentiary increases. Through a case and conceptual approach, this research attempts to formulate a way to solve problems in terms of carrying out assessments for recidivist prisoners. Where the solution is to overcome this problem, a psychologist's assistance is needed in the assessment process to provide special treatment for them in order to create a more effective correctional system and provide protection, rehabilitation and reintegration for prisoners so that they do not repeat criminal acts.
Contextualization of Progressive Law in Designing Hybrid Legal Counseling Methods as an Effort to Build Public Legal Awareness Serah, Yenny Aman; Purwanto, Purwanto; Febrianawati, Febrianawati; Mutiara Sirait, Resmaya Agnesia; Astono, Agustinus
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.40062

Abstract

Conservatism, combined with a positivist view of the law, causes the law to become rigid and merely an artificial construct. Legal actors, who should be reformist agents of change, now focus solely on rules. The implications of this static application of the law by legal actors, particularly in relation to legal counselling methods, hinder legal counselling programs aimed at building public legal awareness. Based on this, it is necessary to find a legal counselling method that is more relevant to current times—one that aligns with public aspirations, is creative, innovative, and can be effectively implemented in the community. The problem formulation in this study is how to contextualize progressive law in designing a hybrid legal counselling method as an effort to build public legal awareness. The purpose of this study is to explore and contextualize progressive law in designing such a method. This study employs an empirical legal research method with a sociological-juridical approach. The research was conducted in West Kalimantan Province, focusing on Bengkayang Regency and Landak Regency. The conclusions of this study were drawn deductively. This study concludes that the contextualization of progressive law within the hybrid legal counselling method in West Kalimantan must be based on legal awareness and the needs of the community. This method aims to liberate society from conservative rules. Additionally, the effectiveness of this method is highly dependent on the ability of legal counsellors to continuously innovate and progress while upholding legal ethics.
Legal Reconstruction of the Implementation Urgency of the Single Identity Number Policy in Indonesia's Public Service Triyanti, Ninuk
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.39728

Abstract

The Population Administration Law mandates that the Population Identification Number (Nomor Induk Kependudukan/NIK) serve as a single identity number for all public service administration in Indonesia. However, the implementation of this policy remains suboptimal, as public service institutions continue to rely on their own data and identification numbers rather than utilizing the NIK. This study aims to examine the implementation of the NIK in implementing population administration and public services in Indonesia. The method used in this study is a literature study, which examines various legal sources, scientific literature, journals, and relevant materials related to NIK. The main emphasis lies on Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration, which is the legal basis for this study. The results indicate that effectively implementing this policy is crucial for establishing more efficient government governance and optimizing public services. Moreover, the single identity number policy embodies the legal ideals of the Indonesian state, grounded in Pancasila values. It aligns with the three primary objectives of law: social benefit, legal certainty, and justice. This study highlights the significant implications of adopting a unified identification system for enhancing governance and service delivery in Indonesia.
Progressive Legal Perspective on the Fulfilment of Women's and Children's Rights Post-Divorce in Divorce Cases Suitable in Religious Courts Tijow, Lusiana Margareth
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.38384

Abstract

A divorce filed by a wife is known as a divorce suit, is filed based on reasons permitted by Islamic law and is processed in the Religious Court according to the wife's place of residence. In divorce suit cases, women become active parties in the legal proceedings. Law Number 1 of 1974 and the Compilation of Islamic Law regulate the rights of women and children after divorce, including child support, spousal support, and mut'ah (a form of compensation for the wife). However, these regulations primarily focus on cases of divorce initiated by the husband. This research uses a qualitative method with a normative legal approach and descriptive techniques to synchronize legal regulations. The findings indicate that divorce must go through a court process to be legally valid. If mediation fails to preserve the family, the court is considered the final solution. Husbands filing for divorce are obligated to provide maintenance according to Islamic law. In cases of divorce suit, the husband cannot reconcile with the wife except through a new marriage contract. However, the implementation of women's and children's rights in divorce suit cases remains limited, influenced by the lack of claims from the plaintiff, weak implementation of Supreme Court Circular Letters, and insufficiently strong regulations. These rights are outlined in Circular Letters but have weak binding power because they are not part of formal legislation.
Analysis of Johan Galtung's Concept of International Peace in the 1967 Outer Space Treaty Tandungan, Edmondus Sadesto; Salim, Andre
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.40309

Abstract

The 1967 Outer Space Treaty is the legal basis for every country to carry out space exploration. The formation of the Outer Space Treaty in 1967 was a step forward as a basis for the use of outer space for peaceful purposes. Johan Galtung's concept of international peace can be a reference in analyzing the concept of international peace in the 1967 Outer Space Treaty. The aim of this writing is to analyze the application of Johan Galtung's concept of international peace in the 1967 Outer Space Treaty. This type of research is normative legal research that examines the Outer Space Treaty. Space Treaty 1967 and various concepts in international law. The data used is secondary data in the form of primary legal materials and secondary legal materials. The primary legal material used is the provisions on the use of outer space in the 1967 Outer Space Treaty and the UN Charter, while the secondary legal material consists of various literature related to the topic under study. The data obtained was then analyzed qualitatively using deductive thinking methods. The research results show that the correlation between Johan Galtung's concept of international peace in the 167 Outer Space Treaty can be seen from the stages of peace, namely peacemaking, peacekeeping, and peacebuilding.
Substantiation of Well-Known Trademarks in Indonesian Trademark Disputes: Legal Analysis and Case Study Sudirman, Lu; Disemadi, Hari Sutra; Fitri, Winda; Tan, David
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.38068

Abstract

Trademark protection is important because of its role in representing a brand’s integrity. The effort to protect trademark rights is therefore essential in ensuring that the brand’s integrity does not suffer any erosion, even if it means going for a lawsuit. This research is conducted to analyze the challenges in pursuing a lawsuit to protect trademark rights, particularly in proving what constitutes a well-known trademark. This research utilized the normative legal research method to analyze the existing positive law in Indonesia, particularly regarding the protection of trademarks. The conceptual analysis supported by the normative research method used in this research found that most of the literature favors the effort to protect trademarks, as it covers a significant portion of a brand’s strategy and perception in the public eye. However, the case study found that the reality of this pathway can be difficult, where there is a possibility that a decision can be made not based on a sound ratio decidendi, or even the lack thereof.
Legal Reconstruction of Voter Abstention in Indonesia: Comparative Insights from MUI Fatwa and Electoral Law Sistyawan, Dwanda Julisa; Safriani, Laela; Judijanto, Loso; Saputra, Edy; Ridwan, Mohammad; Pakarti, Muhammad Husni Abdulah
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.40234

Abstract

This study aims to examine the phenomenon of voter abstention, known as voter abstention (Golongan Putih or Golput), from the perspectives of Islamic law and Indonesian electoral legislation. The research utilizes a qualitative approach, relying on literature reviews and primary governmental documents to analyze how these two legal frameworks address and regulate voter abstention. The study explores the intersection of Islamic jurisprudence, particularly the 2009 fatwa by the Indonesian Ulama Council (Majelis Ulama Indonesia or MUI) that declared Golput haram (forbidden), and Indonesia’s electoral law, specifically Law No. 7 of 2017, which encourages voter participation without penalizing abstention. The findings reveal that while Golput is not prohibited by electoral law, it is framed as a violation of religious duty within Islamic legal thought. Additionally, the study highlights Golput as a form of civil resistance and political expression in Indonesia's democratic system. The analysis of these dual legal systems provides insights into the complexities of voter behavior and presents recommendations for strengthening democratic engagement. The implications of this research suggest that integrating religious principles with legal norms could enhance voter turnout and foster more inclusive electoral participation in Indonesia.
Comparative Legal Analysis of Incentives for Electric Vehicle Adoption in Indonesia and Malaysia Nurlaily, Nurlaily; Seroja, Triana Dewi; Sudirman, Lu; Silviani, Ninne Zahara; Agustini, Shenti
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.37719

Abstract

Carbon emissions play an important role in the acceleration of climate change, which threatens the livelihoods of many people around the world. Electronic vehicles (EVs) serve as a solution to this problem by reducing the amount of pollution and enabling the use of renewable energy as a source. This research analyzes the incentives provided by countries that are trying to reduce their carbon emissions with EVs, namely Indonesia and Malaysia. The analysis is supported by a comparative legal research method and statutory approach. This research finds that Malaysia’s framework of incentives is superior to that of Indonesia’s, as incentives provided by Indonesia do not address the issue of carbon emissions entirely and are buried within a very fragmented legal framework. The research proposes a number of changes that need to be made in Indonesia to support the EV industry in all of the aspects that are relevant to its development, such as R&D, human resources, consumer support, and financial support for manufacturers.