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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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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 .
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Articles 153 Documents
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The Comparison of Online Sale and Purchase Agreements as an Effect of Globalization in Indonesia & Malaysia Soetoto, Erwin Owan Hermansyah
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.v8i2.40615

Abstract

The regulations on online buying and selling as an effort to adapt to the development of the global digital economy. Although Indonesia and Malaysia are in the same region, they have different legal approaches applied in online buying and selling agreements. The purpose of this study is to analyze the regulation of online buying and selling agreements in Indonesia and Malaysia, as well as to analyze the ideal regulation of online buying and selling agreements in Indonesia in the future. The approach method in this study uses a normative legal approach. The results of this study are that Indonesia can adopt security in transactions applied in Malaysia by using electronic signatures as a mandatory component in online buying and selling transactions. In the future, regulations regarding electronic signatures will be strengthened by requiring their use in online buying and selling transactions. With the obligation to use digital signatures, each party involved in the transaction will have a verified identity. This will reduce the risk of fraud and data manipulation in online buying and selling transactions.
Juridical Analysis of Consumer Protection in Indonesian E-Commerce Transactions Pijoh, Feibe E.; Rahmad, Riadi Asra; Mambu, Joupy G.Z
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.v8i2.39983

Abstract

E-commerce creates a new dynamic in trade, connecting consumers with businesses from various regions and countries. However, consumers often face risks such as fraud, lack of transparency in transactions, and concerns regarding personal data protection, especially amid rising privacy violations. Existing regulations often struggle to fully address the complexities of these issues. This study employs a qualitative method with a normative juridical approach. The data source used in this research is secondary data. The primary legal foundations of this study are Law No. 8 of 1999 on Consumer Protection and Law No. 19 of 2016, which amends Law No. 11 of 2008 on Information and Electronic Transactions. This research identifies consumer rights, business obligations, and legal responsibilities inherent in electronic transactions. Although these laws provide a clear legal framework, there is a weakness in extending protection to businesses based outside the country, leaving consumers vulnerable to fraud. This study recommends the development of more comprehensive policies to enhance consumer protection, including regulations capable of addressing the challenges of globalization in e-commerce.
Phenomenon of Love Scam Cases in Legal Practice: Exploring Case Construction and Victim Responses Bunga, Dewi; Arsawati, Ni Nyoman Juwita; Budiana, I Nyoman
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.37085

Abstract

A new mode of online fraud is loving scamming, namely using social media or dating applications to commit fraud by building interpersonal relationships between the perpetrator and the victim. Love scammers will target victims and communicate continuously so that they have a love relationship. After an emotional bond, the perpetrator will ask for money with the mode of needing money for urgent needs. Three problems will be discussed: the analysis of love scams in the vortex of cybercrime, the construction of love scam cases in the Law of the Republic of Indonesia Number 1 of 2024, and the victims' response and when they can report it. Love scam is a crime committed in cyberspace; therefore, electronic evidence is essential for uncovering cases when they reach the police. Not all gifts based on a love relationship can be reported. Several criminal provisions in Law Number 1 of 2024 can be used to ensnare perpetrators. In legal practice, not all victims want to report love scams that have happened to them. Some victims do not realize they are victims; some victims deliberately do not report because they are embarrassed and to avoid social judgment; some do not have evidence.
Quo Vadis of Expiration Claims in Indonesian Labor Law: A Corporate Perspective Amboro, Yudhi Priyo; Tan, Winsherly; Syarief, Elza
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.36790

Abstract

Verdict of Indonesian Constitutional Court No. 100 / PUU-X / 2012 and No. 114 / PUU-XIII / 2015 raises the new values in the expiration claims in the field of labor. This study aims to reveal the description of the new values that applicate at the dogmatic level related to the expiration claims after the Indonesian Constitutional Court Verdict No. 100 / PUU-X / 2012 and No. 114 / PUU-XIII / 2015 on the corporate perspective. This study uses normative juridical research, by analyzing secondary data obtained, including related legislation and court Verdicts. The results of this study are: there still found inconsistencies in the level of implementation of the cases which related to the expiration claim in the labor law, that causes legal uncertainty. This inconsistency is influenced by the philosophical basis used by the Indonesian Constitutional Court to decide the Indonesian Constitutional Court's Verdict No. 100 / PUU-X / 2012 and No. 114 / PUU-XIII / 2015. It is necessary and immediate to change the law related to the regulation of the expiration claims in the field of labor that prioritizing the principle of the good faith to see the interests of all parties in employment.
Reconstruction of Restorative Justice Mechanisms in Resolving Trading in Influence: A Criminal Law Perspective and Target 16 SDGs Amrullah, Rinaldy; Putri, Ria Wierma; Putri, Yunita Maya; Riyantika, Annisa
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.44296

Abstract

Trading in influence is a form of corruption that has gained increasing attention in Indonesia's legal system. This practice involves leveraging social relationships and access to public officials to gain certain advantages, either directly or indirectly. However, Indonesian law has yet to explicitly criminalize trading in influence as a distinct corruption offense, leading many cases that should fall under this category to be prosecuted under bribery or gratification laws instead. Amid these legal limitations, the concept of restorative justice emerges as an alternative resolution mechanism that focuses more on restitution and reconciliation rather than mere punishment. This study employs a normative juridical approach by analyzing relevant legal regulations and case studies at both national and international levels. From a criminal procedure law perspective, implementing restorative justice in trading in influence cases faces significant challenges, particularly in terms of evidence and victim identification. Nevertheless, this mechanism has the potential to enhance law enforcement effectiveness by promoting transparency, accountability, and the restitution of unlawfully obtained benefits. In the context of implementing Target 16 of the SDGs, the application of restorative justice can strengthen the rule of law and foster more transparent and inclusive institutions. Therefore, clearer regulatory reforms are necessary to accommodate restorative justice as a viable approach to addressing trading in influence as part of Indonesia's broader anti-corruption efforts.
Enhancing Meaningful Participation in the Law-Making Process in Indonesia: A Comparative Review Antari, Putu Eva Ditayani; Fadli, Moh.; Negara, Tunggul Anshari Setia; Susmayanti, Riana; Putri, Luh Putu Yeyen Karista
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.38535

Abstract

Public participation in forming laws shows variations in their application in Indonesia, the United States and the Netherlands. To find out about the urgency and implementation of public participation in the formation of laws and regulations, normative legal research is carried out based on the legal materials that have been collected. The legal material used is primary legal material related to statutory regulations governing the mechanism for forming statutory regulations. While the secondary legal materials used mainly come from scientific articles published in journals, which discuss popular sovereignty, democracy, community participation, and the mechanisms for forming legislation in various countries. The study results show that the urgency of public participation in the formation of laws and regulations is needed to carry out the teachings of people's sovereignty and democracy in a state, where the highest power lies with the people. Therefore, the people must be involved in forming laws as the legitimacy of government policies. The form of public participation in the formation of laws and regulations in Indonesia is carried out at the stages of preparing academic papers and discussing draft laws and regulations, either through direct participation or representatives.
Reformulation of Food Security Law to Realize the Welfare State Syahyu, Yulianto
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.40292

Abstract

The concept of food security is food availability to everyone, which is reflected in the availability of sufficient and productive food in a sustainable manner. The purpose of this study is the reformulation of food security in the framework of people's welfare and national economic recovery with the end result to be achieved from food security to food sovereignty. The method used is juridical normative by examining the sources of law through theories, concepts, and legislation related to research. The results showed there are currently quite a lot regulations of food-related but its implementation is still considered less effective. Strategic steps regarding the reformulation of food security in the framework of national economic recovery for the future can be done by harmonizing and synchronizing legislation related to food, land management and spatial planning, and implementing agrarian reform. Law No. 18 of 2012 which specifically regulates food is considered not in accordance with the needs of the community and the times so that the government is expected to quickly and seriously revise these rules and create new legal rules that can accommodate problems in the community so that in the future not only food security is fulfilled but also food sovereignty.
Legal Gaps in Personal Data Protection and E-Commerce Responsibilities in Indonesia Sobandi, Sobandi; Indriati, Noorita Rusiana
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.45253

Abstract

This study analyzes the legal gaps in personal data protection and the responsibilities of e-commerce business actors in Indonesia, focusing on Law Number 27 of 2022 concerning Personal Data Protection, especially Articles 55–56 concerning cross-border data transfers, as well as Law Number 8 of 1999 concerning Consumer Protection and Government Regulation Number 80 of 2019 concerning Commerce Through Electronic Systems. Using a normative legal approach supported by literature studies and comparative analysis, this study identifies regulatory weaknesses, such as the absence of explicit consent requirements in cross-border data transfers and the continued use of exoneration clauses that are detrimental to consumers. Comparisons with the Malaysian Personal Data Protection Act and the European General Data Protection Regulation show that Indonesia lags behind in aspects of compliance, supervision, and consumer protection. The results of the study show that unclear regulations and weak law enforcement mechanisms increase the risk of misuse of personal data and hinder the growth of the digital economy. Here, legal reform is needed in the form of explicit consent obligations, elimination of clauses that are detrimental to consumers, and strengthening the supervisory role of Ministry of Communication and Information and Business Competition Supervisory Commission, as well as the establishment of alternative dispute resolution mechanisms.
Paradox of Legal Protection for Kid Influencers and Artists in Indonesia: Comparative Study of Us and France Alfiyah, Andi Besse; Wiranti, Wiranti; Abrar, Ahmad Nugraha; Annisa, Arini Nur; Parawansa, Syarif Saddam Rivanie; Iskandar, Ismail
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Every country has to fulfill legal protection for children. In this digital era, social media have positive and negative impacts on children. The number of children using social media is the third highest, namely aged 5-12 years. The economic exploitation of children reaches 431 cases. This study aims to investigate these 3 cases based on the regulation and comparison with other countries. This qualitative research used Normative Jurisprudence, Case Study, and Statue Approaches. Normative Jurisprudence referred to the Child Protection Law and the Employment Law. The case study involved 3 cases and the status approach compared regulations between the United States and France.  This study revealed the urgency of the protection of child labor in the entertainment industry, namely kid influencers and artists who experience legal uncertainty due to the ambiguity and inequality of norms. Elements of the Criminal Act of Child Exploitation were fulfilled with the constraints in the explanation of the "Types of Economic Exploitation Acts" for child influencers or artists. Changes to related laws or legal reform through the Child Labor Law Draft need to consider the United States and France, which have succeeded in providing such protection.
Restorative Justice is a Progressive Breakthrough in Resolving Criminal Law Problems Asa, Agam Ibnu; Syamsuddin, Muhammad Mukhtasar; Zubaidi, Ahmad; Wahyudi, Agus
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The prevailing criminal law paradigm worldwide remains rooted in the penal system, where offenders are subjected to punitive measures, such as imprisonment, based on their level of guilt. This approach often prioritizes the punishment of the offender while neglecting the needs and rights of the victim. This study examines restorative justice as an alternative method of crime resolution, seeking to address the limitations of the conventional criminal justice system. Through qualitative research and a philosophical juridical approach, the study identifies the legal foundations of restorative justice in Indonesian criminal law, evaluates its challenges, and assesses its effectiveness in reducing judicial inequality and promoting social reconciliation. The findings highlight that restorative justice is reflected in Indonesia’s juvenile justice system, particularly under Law No. 11 of 2012, and is also integrated into the proposed Criminal Code Bill, specifically in Articles 116, 117, and 118. Key challenges to implementation include the retributive nature of the Indonesian legal system, limited understanding among law enforcement officials, and societal concerns over the perceived leniency of non-custodial sentences. However, restorative justice presents significant potential as a progressive solution for resolving criminal acts, contingent on strong commitment from all stakeholders and alignment with Indonesia's socio-cultural context and morality.

Page 15 of 16 | Total Record : 153

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