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[Revitalising Indigenous Rights Participation in Mining Lawmaking Process: Evaluation and Proposal for Indonesia ]]>
<![CDATA[Nur, Asrul Ibrahim]]>;
<![CDATA[Al Fatih, Sholahuddin]]>;
<![CDATA[Intania, Christina Clarissa]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.63684
<![CDATA[Indonesia's climate ambition, particularly in developing an electric vehicle ecosystem, has made significant progress since 2019 through the adoption of various legal instruments leading to mining law reform. These initiatives include establishing an electric vehicle battery industry supported by downstream mining policies. This policy ensures the availability of metal ores, such as nickel, which is a key raw material for the battery industry. However, Indigenous communities living near mining areas designated as National Strategic Projects have experienced negative impacts, including environmental damage.This study posits that environmental damage is a consequence of excluding Indigenous communities from mining policy reforms, as they traditionally serve as protectors of the environment. The primary aim of this study is to analyze the importance of Indigenous peoples’ meaningful participation and to examine the tendency of Indonesia’s mining law reforms to overlook Indigenous involvement in environmental preservation. This paper employs a doctrinal and normative approach to statutory laws.The research underscores the urgency of ensuring meaningful participation of Indigenous peoples in mining law reforms and suggests methods for restoring their right to participate through available forums and legal instruments. The paper proposes several steps to accommodate Indigenous peoples’ aspirations in legislation: first, addressing the loss of identity experienced by Indigenous peoples; second, optimizing the use of existing representative offices in each province; and third, implementing a system that allows Indigenous peoples to easily express their aspirations and complaints.]]>
<![CDATA[Biopiracy and the Regulatory Framework for Material Transfer Agreements in Indonesia ]]>
<![CDATA[Masrur, Devica Rully]]>;
<![CDATA[Yulia, Yulia]]>;
<![CDATA[Zainol, Zinatul Ashiqin]]>;
<![CDATA[Akpoviri, Frank I]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.57001
<![CDATA[Biopiracy, the misappropriation of biological and genetic resources including the ones related to traditional knowledge, is a major challenge to some of the world’s megadiverse countries. Indonesia has been a major victim of biopiracy, facilitated by the current patent system. This article examines the case of Indonesia, the second richest of the seventeen identified megadiverse countries. The patent system aims to protect the rights of inventors, but the patent system causes injustice in cases of biopiracy. This research aims to analyse the Indonesian government's policies in dealing with biopiracy cases in Indonesia. This research is a normative legal research which uses the approaches of national and international law, biopiracy case, and conceptual. The Indonesian government has changed the patent law to deal with biopiracy cases through Law Number 13 of 2016 concerning Patent disclosure requirements and has also introduced the Material Transfer Agreements (MTAs) in 2009 to address this problem. They can help in controlling access to the country’s resources based on prior informed consent, promoting collaboration between local and foreign researchers, and ensuring benefit-sharing. However, the realization of these objectives may be undermined by the country’s lack of capacity to monitor compliance with the MTA conditions, the inappropriate use of Intellectual property rights (IPRs), and MTA provisions that allow recipients to transfer material and derivatives to third parties without the country’s consent.]]>
<![CDATA[Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code) ]]>
<![CDATA[Musa, M.]]>;
<![CDATA[Zulhuda, Sonny]]>;
<![CDATA[Endri, Endri]]>;
<![CDATA[Susanti, Heni]]>;
<![CDATA[Rinaldi, Kasmanto]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.52851
<![CDATA[The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence.]]>
<![CDATA[Environmental Damage: Community Lawsuit Against The Government Over Industrial Business Licenses ]]>
<![CDATA[Amiq, Bachrul]]>;
<![CDATA[Borman, M. Syahrul]]>;
<![CDATA[Taufik, Moh]]>;
<![CDATA[Aranggraeni, Renda]]>;
<![CDATA[Astuti, Pudji]]>;
<![CDATA[Aimim-Tham, Sukanya]]>;
<![CDATA[Aminah, Aminah]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.61176
<![CDATA[Legal policies causing environmental damage raise questions about legal standing to file lawsuits with the State Administrative Court and its authority over business license disputes. This study examines the challenges and opportunities in implementing the authority of the state administrative court as a form of law enforcement on business licenses that impact environmental damage. This study uses the qualitative method NVivo12 Plus 12 by analyzing legal rules, journals, and online print media such as detik.com and kompas.com. The research focuses on the approach of laws and regulations related to the environment and case studies based on Supreme Court decisions. The Administrative Court plays a role in receiving claims against government actions that harm citizens. One of them is the authority to adjudicate disputes over government actions related to environmental disputes. Community participation is essential to create a healthy environment and is used not only as a means to an end but also as an end. The right to a healthy climate encompasses the right to receive environmental information, participate in decision-making, and review challenging public decisions within the scope of access to justice.]]>
<![CDATA[The Dynamics of Government Fiscal Policy Post COVID-19 Pandemic in Indonesia (Legal Analysis of Government Regulation instead of Law Number 1 Year 2020) ]]>
<![CDATA[Giri, Ni Putu Niti Suari]]>;
<![CDATA[Yusa, I Gede]]>;
<![CDATA[Sumerthayasa, Putu Gede Arya]]>;
<![CDATA[Kelly, Danial]]>;
<![CDATA[Ivory, Jared]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.63339
<![CDATA[The COVID-19 pandemic had a significant impact on various countries, including Indonesia, in particular on the securing of the state budget and state financial stability in anticipation of the systemic and comprehensive impact of the pandemic. This deviation is not in line with the Indonesian constitution, welfare state principles, and even regulations based on the principles of good legislation. This article will examine three aspects of the problem: firstly, the formation of Government Regulation Number 1 of 2020 (Perppu) concerning State Financial Policy and Stability under COVID-19 countermeasures by the formation mechanism; secondly, the constitutionality issue in the drafting of Perppu; and thirdly, the legal issue of Article 27 on the immunity of officials who carry out financial policies. This paper employs a combination of normative legal research methods, including a statutory approach, a legal conceptual approach, a legal fact approach, and a relevant case law approach. The result of the research is that Perppu is a policy in an emergency period that contains a policy of relaxation of the implementation of the APBN is constitutional. The form of deviation that appears from Perppu is that this Perppu implements financial relaxation or sets state financial policies without involving the DPR. This has been constitutionally confirmed by Article 12 of the 1945 Constitution that the government and the DPR must determine state financial policies together. Although the constitutionality of Perppu in terms of fiscal policy is not in question, the provisions of Article 27 of Perppu that are unconstitutional can be cancelled by the Constitutional Court. The legality of Perppu relating to immunity must be implemented by prioritising the principle of good faith in carrying out the duties and functions of each state financial stakeholder during the emergency period.]]>
<![CDATA[Incongruence in the Definition of Land Rights in National Agrarian Law: A Path to Legal Uncertainty ]]>
<![CDATA[Mahfud, Muh. Afif]]>;
<![CDATA[Chin Chin, Sia]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.49047
<![CDATA[Legal certainty as one of the goals of national land law will not be created when there is incongruence in the definition of land rights in regulations. This incongruity may affect the formation, implementation and interpretation of law in the agrarian sector. The aim of this article is to analyze the incongruence in the definition of land rights in regulations and the impact of this incongruence in the definition. Based on the analysis, it is concluded that there is an inconsistency in the definition of land rights in Government Regulation no. 18 of 2021 which states that the authority for land rights covering above the ground and underground space is not in line with PP (Government Regulation) No. 43 of 2021. The regulation states that the authority for land rights does not cover the space above the ground and underground space. This misalignment includes horizontal incongruity, formal incongruity and substantive incongruity. It will result in unclear meaning of land rights, loss of predictability of regulations, and affecting the formation, enforcement and interpretation of laws so that there is no clear reference for the community and law enforcers in acting. Ultimately, this will affect legal protection for the community in exercising their rights. It is recommended that the government harmonize the definition of regulatory land rights.]]>
<![CDATA[Integrating IPR Integrity and Freedom of Expression: A Normative Analysis ]]>
<![CDATA[Budi, V. Henry Soelistyo]]>;
<![CDATA[Girodon-Hutagalung, Matahari]]>;
<![CDATA[Irawati, Jovita]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.62089
<![CDATA[Algorithm as a digital innovation plays a crucial role in facilitating communication and public discourse. Its utilization is a significant issue that must be carefully analyzed to ensure it doesn’t impede key human rights, specifically the right to freedom of expression. The widespread use of digital platforms has created an urgency to examine this issue. The purpose of this study is to analyze the interaction between algorithms as digital innovations, their protection through the relevant IPR regimes, and their implications on freedom of expression. Through normative legal research methods and a statutory approach, this research finds that among various intellectual property regimes, the patent system offers the best potential for balancing the protection of algorithmic innovations with transparency. However, the analysis also reveals that current patent regulations still lack certain provisions to adequately safeguard freedom of expression in relation to patented algorithms. This research offers a proposed model of development that can be utilized to improve Indonesia’s protection of the right to freedom of expression through the patent regime, while also protecting algorithms as a key digital innovation.]]>
<![CDATA[Optimizing the Role of State Administrative Court Decisions in State Financial Recovery ]]>
<![CDATA[Yulius, Yulius]]>;
<![CDATA[Utama, Yos Johan]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.61779
<![CDATA[The government has significant authority in managing state finances, demonstrated by its ability to enact laws and to take public legal action through government decisions and actions. A number of authorities are inextricably linked to the measures taken to ensure that state finance can fund all state expenditures related to achieving development goals. This considerable power may violate citizens' rights due to the decisions or actions of the state finance manager. The community whose rights are jeopardized may file a lawsuit or petition the Administrative Court. The Administrative Court Decision must be able to synthesize public demands with the stability of the state finance to ensure that justice and legal order are fulfilled for the benefit of the state and people. This research is a normative legal research with statutory and conceptual approaches. This research concludes that the Administrative Court decision has enforced the law and harmonized and actualized the national legal system regarding state finances. It is also highly correlated with state financial stability because its value is immense and can affect the state's cash balance.]]>
<![CDATA[Harmonizing the Rules: “A Socio-Legal Analysis of FIFA Stadium Safety and Security Standards and Indonesian Football Regulations – Aftermath Kanjuruhan Tragedy" ]]>
<![CDATA[Utama, Kartika Widya]]>;
<![CDATA[Putrijanti, Aju]]>;
<![CDATA[Sukmadewi, Yudhitiya Dyah]]>;
<![CDATA[Apriliani, Lydia]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.61955
<![CDATA[The death of over 100 Indonesian football supporters at Kanjuruhan Stadium has raised significant concerns about the legal aspects of security and safety management in Indonesian stadiums. This conceptual article conducts a comparative legal analysis between FIFA's Stadium Safety and Security Regulations and the PSSI Safety and Security Regulation 2021, exploring potential avenues for harmonization. With a focus on ensuring the safety of spectators, players, and officials, the study examines the nuanced differences and commonalities between these regulatory frameworks. By identifying areas of convergence, the article aims to contribute to a more unified approach in addressing critical aspects of stadium safety and security within Indonesian football culture, particularly regarding the presence of police officers. Through this socio-legal approach, the article seeks to stimulate discourse on necessary adjustments and reforms to align domestic regulations with FIFA standards, fostering a safe and standardized environment for football enthusiasts in Indonesia. The findings of the article indicate a shift in principles in the management of football matches within PSSI. Regulations that should serve as a reference for upholding the principles of safety and security for all parties involved in a football match have shifted towards becoming regulations designed to avoid responsibility.]]>
<![CDATA[Legal Issues of Artificial Intelligence – Generated Works: Challenges on Indonesian Copyright Law ]]>
<![CDATA[Mayana, Ranti Fauza]]>;
<![CDATA[Santika, Tisni]]>;
<![CDATA[Win, Yin Yin]]>;
<![CDATA[Matalam, Jamil Adrian Khalil]]>;
<![CDATA[Ramli, Ahmad M]]>
<![CDATA[ LAW REFORM Vol 20, No 1 (2024) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v20i1.61262
<![CDATA[Digital transformation fosters the massive utilization of Artificial Intelligence (AI) in creating literary, artistic, and musical works worldwide, including in Indonesia. The autonomous functioning of AI challenges the essential presumption that technology is merely a device in the hands of humans in the creation process of Works. This paper examines several legal issues and problems concerning the copyright-ability, authorship, and ownership of AI-generated works using a juridical normative approach. The result of the analysis shows that although the framework of Indonesia's copyright law is based on the principle of human authorship, the rapid development of AI must be balanced with an accommodating legal framework. In conclusion, the Indonesian government can open up the possibility of accepting AI's role in the creation of the work and formulate the limited artificial legal personhood of AI by granting exclusive rights, copyright protection, moral rights, and economic rights to individuals or groups of individuals who produce AI or whose contribution is required for AI function. This formulation is expected to encourage the utilization of AI also provide legal certainty and solve the problem concerning the lack of legal accountability for AI-generated works. In addition, the advancement of technical and legal support is needed in implementing this provisioning model.]]>
