LAW REFORM
s a peer-reviewed journal published since 2005. This journal is published by the Master of Law, Faculty of Law, Universitas Diponegoro, Semarang. LAW REFORM is published twice a year, in March and September. LAW REFORM publishes articles from research articles from scholars and experts around the world related to issues of national law reform with pure law or general law studies.
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<![CDATA[The Hike in BPJS Kesehatan’s Premiums based on The principle of Justice in Service Regulation of Healthcare Insurance ]]>
<![CDATA[Alfin Reza Syahputra]]>;
<![CDATA[Adis Imam Munandar]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37548
<![CDATA[There have been a lot of complaints regarding the service received by the members of Healthcare and Social Security Administrative Body, or so called BPJS Kesehatan. This situation has been worsened with the hike in premiums of BPJS Kesehatan’s independent members stipulated in Presidential Regulations Number 75 / 2019 and The Amendment of Presidential regulation Number 82/2018 on Health insurance. After announcing the hike of BPJS Kesehatan premiums, the government must also improve the healthcare service to all the independent participants of BPJS Kesehatan. This study aimed to examine juridical review on the hike in BPJS’s Premiums based on the principle of justice on the policies of healthcare and social security. This study was conducted by applying normative juridical research method using statue approach and secondary data. According to the result of the research, Regulation Number 40 Year 2004 concerning National Social Insurance and Regulation Number 24 Year 2011 on the implementing agency of social insurance have applied the principle of justice in their policies. However, Presidential Regulation Number 75 Year 2019 “Presidential Regulation Number 82 Year 2018 on Health Insurance” has not implemented or reflected the principle of justice in its policies. In addition, the government reason to increase the payment of BPJS Kesehatan is that BPJS has been in financial deficit. In order to solve this problem, one of the solutions that the government can offer is to seek for other financial sources instead of putting the burden on the members of the social health insurance program. ]]>
<![CDATA[The Ideology Of Law: Embodying The Religiosity Of Pancasila In Indonesia Legal Concepts ]]>
<![CDATA[Sinung Mufti Hangabei]]>;
<![CDATA[Khudzaifah Dimyati]]>;
<![CDATA[Absori Absori]]>;
<![CDATA[Akhmad Akhmad]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37554
<![CDATA[The Pancasila ideology is positioned as the source of all sources of law in Indonesia. This meaning cannot be separated from the ideal value of the Indonesian Nation, which is God Almighty. This paper discusses the understanding of religious dimension of Pancasila as a legal norm, so that the applicable law can achieve its objectives. The normative and philosophical approach methods show that Pancasila has the roots of religiosity in its formation. The results of the study show that the strengthening of substantial ideological thinking based on social values that live in society and cannot be separated from the religious values of Pancasila becomes a place where law carries out its functions and roles in the life of the nation and state. In conclusion, the basic norms of the state, Pancasila, which have a religious dimension, are used as a benchmark in assessing the validity of the established regulations. The purpose of law is inseparable from the ultimate goal in the life of the nation and state, namely the values and philosophy of community life itself. The legal construction that puts aside Indonesian values in the context of ideology and the ideology of Pancasila law will result in the law losing its "spirit".]]>
<![CDATA[Exception of Mediation Procedure in Bankruptcy Cases According to Supreme Court Regulation Number 1 Year 2016 ]]>
<![CDATA[Rr. Putri A Priamsari]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37549
<![CDATA[Mediation in Court is regulated in Supreme Court Regulation Number 1 Year 2016 including the exception. This article aims to examine cases with exception of mediation procedure based on PERMA Number 1 Year 2016 and to identify why Bankruptcy Application in Commercial Court is one of cases with exception. This study finds that PERMA (Supreme Court Regulation) Number 1 Year 2016 exempts cases in Commercial Court, Industrial Relation Court, Objection to the Decision of the Indonesia Competition Commission, Decision of Information Commission and Decision of Consumer Dispute Settlement Agency, Application for Annulment of Arbitration Award, Political Party Dispute, Small Claim Court and Cases with time frame. Bankruptcy Application according to Laws of Bankruptcy in Commercial Court is carried on using speedy procedure, a direct legal remedy to the Supreme Court. Its Application and resolution are within limited time period.]]>
<![CDATA[Reconceptualization of The Competence to be held Responsible in National Criminal Code ]]>
<![CDATA[Ikhsan Alfarisi]]>;
<![CDATA[Fina Afriani]]>;
<![CDATA[Yasmir Yasmir]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37555
<![CDATA[Construction of norm in determining competence to be responsible stated in Criminal Code (KUHP) needs to be reconceptualized because the construction does not make any qualification on the incompetence to be responsible (verminderde teorekeningsvatbaarheid) in criminal science law. . Criminal Code stipulates that a person is deemed incompetence to be responsible for the crime he/she commits for 2 (two) reasons. First is if the person is considered mentally incapable (gebrekkige ontwikkeling), and the second is if a person is considered incapable because of an illness (ziekelijke storing). This article aims to reconceptualize the competence to be responsible stated in National Criminal Code through qualitative literature study on some texts. The finding of the study is that first, the concept of norm competence to be responsible stated in Criminal Code is no longer relevant with current development of psychiatry and law which have been specialized and interdisciplinary. The second is that the categorization of a person’s mental condition considered light and severe mental retard and has given chance for the concept of incompetence to be responsible (verminderde teorekeningsvatbaarheid), which so far is only recognized in criminal study, to be normatively present in light mental retard category and to give a chance to negatief wettelijk evolution in the study of criminal procedure to move to positief wettelijk on the superego of judge’s decision based on visum et repertum psychiatry of a psychiatrist.]]>
<![CDATA[Criminal Law Policy of Justice Collaborator in Corruption Crime Case ]]>
<![CDATA[Khrisna Lintang Satrio Nugroho]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37550
<![CDATA[Trial of criminal law cases is highly important to prove misconduct in a case. In respect to the evidence of corruption criminal act, an insider is needed as a perpetrator of the offence who works with the investigators, or usually called justice collaborator. The main focus of this study is to examine criminal law policy on the concept of justice collaborator in corruption criminal act and how the legal punishment is for justice collaborators in corruption criminal act. This study is a descriptive research using juridical normative approach. Data used in this study were secondary data. Case study approach was applied in this study. This means that the researcher makes a comparison of cases on the implementation of justice collaborator which is based on a study of a verdict. According to the result of the research, it is indicated that up to now there has not been conformity in terms of legal regulations or interpretation of the concept of Whistle blower and Justice Collaborator. There has not been mutual understanding in terms of the conviction of the perpetrator who is willing to work with the investigators to uncover a corruption criminal act. This leads to disparity in the making of verdict for the offender.]]>
<![CDATA[Sharia Compliance in Micro Waqf Bank Business Activities: A Study of Protection of Consumer’s Spiritual Rights ]]>
<![CDATA[Winda Fitri]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37556
<![CDATA[The emergence of conventional financial institutions before sharia financial institutions affects the development of the two financial institutions to be different. Another factor is the public's cynicism or skepticism towards Islamic financial institutions which assume that the two financial institutions are the same. Thus, the purpose of this study was to analyze the implementation of sharia compliance policies as an effort to improve the development of Islamic financial institutions and consumer protection in Indonesia. This research focused on the Micro Waqf Bank as a Micro Financial Institution that applies sharia principles using statutory and conceptual approaches. In Indonesia, the sharia compliance policy of the Micro Waqf Bank has been regulated in the laws and regulations related to Micro Financial Institutions. The implementation of sharia unity is an effort to reduce cynicism in Islamic financial institutions and to provide protection to consumers' special rights in the form of spiritual rights that every Muslim has to carry out his religion perfectly (kaffah). Sharia compliance policy is the result of the transformation of the DSN-MUI Fatwa into the form of legislation to make it more binding and applicable in the business activities of Micro Waqf Bank.]]>
<![CDATA[The Urgency of Criminal Code Bill Ratification in Criminal Law Policy Frame on The Spreading of Pornographic Content Offence ]]>
<![CDATA[Aldo Andrieyan Putra Makaminan]]>;
<![CDATA[Eko Soponyono]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37551
<![CDATA[Nowadays, the crime of spreading pornographic content as one form of cybercrimes has developed into a frequent offence. This offence has inflicted a lot of damage psychologically and materially for those who become the victims because, with internet access available in cyber space, the spread of pornographic materials is faster, wider, and easier to be accessed by public. The aim of this study is to review criminal law policy on the handling of pornographic content spreading offence according to the present and the future positive law. This study used normative juridical method, a method which analyzed a problem based on ius constitutum and ius constituendum. Criminal Code and Special Criminal Act such as Pornographic Act and Electronic Information and Transactions Law (UU ITE) have not clearly regulated pornographic content spreading crime in Indonesia and have not been able to countermeasure this type of crime. This problem occurs in part because regulations are applicable specifically for offence containing pornographic element, but not applicable for the spread. Criminal Code Bill needs to be ratified because the Bill regulates the offence related to pornographic contents which is suitable to the condition and issue arising in Indonesia recently. In comparison to regulations on offence related to pornographic content spreading in various countries, the author found that each country adjusts the law related to pornographic content spreading according to the type of issues they face. Thus, Indonesia also needs to make a legal product that can suppress the spread of pornographic materials.]]>
<![CDATA[Comparation of The Transfer of Land Rights to The Description Deed of Inheritance Rights ]]>
<![CDATA[Tania Wijayanti]]>;
<![CDATA[Yudho Taruno Muryanto]]>;
<![CDATA[M. Irnawan Darori]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37558
<![CDATA[Marriages are carried out by mixed ethics, so it is very difficult to know whether there are ethnics of Chinese, foreign-Eastern or indigenous groups in a cpopulation. This study aims to determine the legal certainty of a certificate of inheritance for Indonesian citizens of Chinese descent. The research method used is normative juridical. The results of the research and the conclusions show that the notary is the only official authorized to make an authentic deed, namely a certificate of inheritance rights for Indonesian citizens of Chinese descent in accordance with Article 15 of the UUJNP. Comparison of Arrangements for Transfer of Land Rights to Deeds of Inheritance Rights of Chinese Descendants In ASEAN countries, namely Malaysia, that the distribution is contained in Article 6 of the Distribution Act 1958 jo. (Amendment) Act 1997 One of Article 6 (1), then in Turkey Article 35 of the Land Registry Law No 2644 / 1934my which gives foreigners the right to acquire land in Turkey and is subject to legal provisions governing restrictions and prohibitions.]]>
<![CDATA[Privacy Policy on Smart Contracts in E-Commerce Transactions ]]>
<![CDATA[Mariska Zena Wilona]]>;
<![CDATA[Emmy Latifah]]>;
<![CDATA[Hari Purwadi]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37552
<![CDATA[The technology of smart contract is a new technology applied in online trading. This technology has the possibility of errors and its arrangement that results in losses to buyers. This study was aimed to examine the legal certainty for the users smart contract in e-commerce transactions in Indonesia. The method used was the normative juridical method. The results of the study indicate that the privacy policy on smart contracts in e-commerce transactions based on national and international laws still has a legal vacuum in which the aspect of national law is guided by the ITE Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 and the Regulation of the Minister of Communication and Information Number 20 of 2016 concerning Personal Data Protection in Electronic Systems. Then, in the aspect of international law referring to the UNCITRAL Model Law on Electronic Commerce (MLEC), it also establishes the rules for the formation and validity of contracts made electronically and for attribution.]]>
<![CDATA[Environmental Law, Populism, and Welfare State: Discourse on Environmental Law in the 21st Century ]]>
<![CDATA[Ladlul Muksinin]]>;
<![CDATA[Aminah Aminah]]>
<![CDATA[ LAW REFORM Vol 17, No 1 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i1.37553
<![CDATA[In the 21st century, the problems of environmental law in various parts of the world are getting more and more alarming. The research results by Elizabeth Fisher (2019) and Sanja Bogojevic (2019) indicate that several environmental law policies have been controlled by populism, as happened in several countries in Europe. Populism is transformed into a movement of people's will which certainly has an impact on the enforcement of environmental laws by various countries around the world. For this reason, this paper intends to discuss the law and to find the definition and influence of populism in protecting environmental laws in the welfare state. The aim was to determine a picture of populism and its influence on the development of environmental law. The result is that populism as an idea or ideology also means a discursive style, and it can also be interpreted as a form of political mobilization. The rise of populism threatens the development of environmental law. Populist attitudes lead to climate skepticism on environmental protection. Environmental protection may provide idealized targets for populists by framing this issue area as an elite project. Individuals who display highly populist attitudes perceive a lack of representation in these issue areas and, therefore, because of the problem of anti-elitism, reject climate and environmental policies. In other words, elite resistance tends to be associated with climate skepticism and lower support for environmental protection.]]>
