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INDONESIA
LAW REFORM
Published by Universitas Diponegoro
ISSN : 18584810     EISSN : 25808508     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 10 Documents
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Search results for , issue "Vol 20, No 2 (2024)" : 10 Documents clear
Compulsory Testament: State Intervention in the Protection and Fulfillment of Human Rights of Non-Muslim Heirs Rahman, Abdul; Lohalo, Georges Olemanu; Imširović, Mirela; Bin Paidi, Zulhilmi
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64957

Abstract

This article discusses the importance of state intervention in protecting and fulfilling the human rights of non-Muslim heirs through the institution of compulsory testament. In the diverse social landscape of Indonesian society, it is possible for one heir to adhere to a non-Muslim religion while the other two heirs are Muslim. This situation raises a legal problem in the field of inheritance, as the non-Muslim heir may risk losing their inheritance rights. Both religious rights and inheritance rights are human rights that must be protected, and their fulfillment must be guaranteed by the state through the establishment of policies regarding compulsory testament. This study employs a normative legal research method to examine existing regulations, the challenges faced by non-Muslim heirs, and the role of the state in promoting justice and protecting human rights. The results of the study conclude that mandatory wills intended for non-Muslim heirs are based on customary law with the principles of justice, social justice, and humanity. Mandatory wills for non-Muslim families also accommodate the democratic atmosphere in society and the state, answering the need for a sense of justice that is the right of every individual and preventing inequality in the pluralistic Indonesian society. It is necessary to strengthen regulations related to compulsory testament, to guarantee the rights of non-Muslim heirs, in order to create a more just and civilized society.
Law Enforcement in the Recovery of State Funds from Corruption Crimes Kartika, Arie; Jaya, Arizon Mega; Zakiran, Asep Hakim; Jastisia, Mentari; Ashady, Suheflihusnaini; Z.S, Edi Mulyadi; Sabatira, Febryani
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.63799

Abstract

Corruption are not adequately addressed by the current legal framework, which fails to provide appropriate sanctions or follow the Constitution in dealing with such crimes. Simply imposing prison sentences is insufficient; efforts must also be made to recover state losses incurred due to corruption. there are still significant constraints in the implementation and enforcement of the law. This study aim to analyze how the applicable laws are enforced to recover financial losses incurred by the state in cases of criminal corruption; and identify the factors inhibiting the effective implementation of laws related to the recovery of these financial losses. This study employs both normative legal methods and empirical research. The research results suggest that to restore the country's economy affected by criminal corruption, it is necessary to undertake measures such as the foreclosure of assets owned by the convicted individuals. Sanctions should include not only monetary compensation equivalent to the value of the assets obtained through corruption but also criminal fines and decisions on the confiscation of goods. One major internal constraint in recovering state finances is the tendency of convicts to opt for prison sentences rather than paying damages as determined by the court.
Discretion of Government Officials Detrimental to State Finances: The Intersection Between Administrative Illegality and Criminal Illegality Rahman, Wahbi; Sudarsono, Sudarsono; Djatmika, Prija; Madjid, Abdul; Rehulina, Rehulina
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64129

Abstract

The regulation of the criminal accountability system for discretion that causes state losses is governed by Law Number 31 of 1999, as amended by Law Number 20 of 2001 on the Eradication of Corruption. This law includes the element of "abusing authority, opportunity, or means available due to one's position or rank that may cause state financial losses," which can lead to criminal punishment. Additionally, Law Number 30 of 2014 on Government Administration also regulates the imposition of administrative sanctions. The purpose of this research is to analyze the priority mechanism when there is an overlap between administrative and criminal illegality in cases of discretion by government officials that result in state financial losses. This research employs a normative legal method. The findings suggest that, according to current legislation, when a case involves overlapping issues between the Corruption Law and the Government Administration Law, priority should be given to administrative measures based on the Government Administration Law. This approach is aimed at improving orderly government administration and preventing abuse of authority.
Balancing Corporate Rescue and Workers' Protection in Pandemic Crises: Lessons from Selected European Countries Santoso, Budi; Pati, Umi Khaerah
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.62885

Abstract

Pandemics, one of the causes of economic crises, have led to the worst global catastrophe in a century. During the COVID-19 pandemic, numerous businesses exercised caution in financial investments and commercial activities to protect productivity and finances. As a result, these companies have progressively reorganized as a proactive strategy, often to reduce production costs and labor expenditures. This study aimed to analyze the balance of interests between corporate rescue and workers’ protection during pandemic crises within the framework of best practice regulations in selected EU countries. It also seeks to create a pandemic-preparedness model for companies and workers. The study reveals that wage subsidies (WS) can directly support workers, assess market demand, and reduce turnover due to COVID-19 or the implementation of large-scale social restrictions (PSBB). The Job Loss Security Program (JKP) in Indonesia has allowed for furloughs, providing laid-off workers with monetary benefits and training. Indonesia could consider integrating the WS and furlough systems, enabling firms and individuals to continue working with subsidies or to take temporary or full layoffs with benefits during crises.
Problems of Legal Implementation of the Criminal Offense of Spreading Fake News and Hate Speech in Papua Budiyanto, Budiyanto; Masum, Ahmad; Aidonojie, Paul Atagamen; Aslan, Jamal
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64881

Abstract

Social media users throughout the world are growing rapidly, to the point where they can cause commotion in society, in this case the state is present to overcome the commotion that occurs through a set of special regulations regarding the spread of fake news and hate speech. However, in law enforcement practices, specifically at the Papua Regional Police, there is still misleading between the limits of freedom of opinion and the offense of spreading fake news and hate speech. This research will analyze the strict limits in law enforcement regarding the criminal offense of spreading fake news and hate speech with freedom of expression in Papua. This research uses normative juridical research methods. The research results show that the problem of spreading fake news and hate speech in Indonesia has been regulated in various regulations, but its implementation still does not provide a sense of justice for victims. Judges' sentences tend to be lower than the demands, so the perpetrator's sentence is still too light. Especially related to actions that cause riots or conflict in Papua. So regarding the offense of spreading fake news and hate speech, it is important to reformulate the formulation regarding prohibited acts, criminal liability, types of punishment, and forms of legal settlement. Special minimum sentences need to be clearly regulated for criminal acts that have an impact on conflict and unrest, such as the crime of spreading fake news and hate speech.
Improving Healthcare Patient Data Security: An Integrated Framework Model For Electronic Health Records From A Legal Perspective Lestari, Ahdiana Yuni; Misran, Misran; Raharjo, Trisno; Annas, Muhammad; Riskanita, Dinda; Prabandari, Adya Paramita
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.56986

Abstract

This study aims to critically examine the legal responsibilities of healthcare facilities in Indonesia regarding the protection of patient data within Electronic Medical Records (EMR). The research employs a mixed-method approach, combining normative legal analysis with empirical data collection from healthcare facilities to assess the implementation of data protection regulations. The findings reveal significant gaps in the enforcement of Minister of Health Regulation Number 24 of 2022 and Law Number 27 of 2022 concerning Personal Data Protection, particularly in smaller clinics and independent practices. These facilities often lack the technical infrastructure and resources required to meet regulatory standards, resulting in inconsistencies in data protection and a higher incidence of data breaches. The study introduces the Integrated Security and Usability Framework for Electronic Medical Records (ISU-EMR), which combines the principles of the Confidentiality, Integrity, and Availability (CIA) Triad with Human-Computer Interaction (HCI) Theory. This framework addresses both the technical and human factors contributing to data breaches, offering a balanced solution for enhancing data protection while maintaining usability in EMR systems. The implications of this research extend to both theory and practice, providing a new model for data protection in healthcare that can be adapted to various settings.
Legal Mechanisms for Business Accountability: A Comparison of Soft and Hard Law in Indonesia Aspan, Henry; Rosli, Rozaini; Fadlan, Fadlan; Irawati, Irawati
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.59273

Abstract

This research investigates the legal mechanisms for business accountability in the context of Corporate Social Responsibility (CSR) in Indonesia through a comparative study of soft and hard law approaches. The study aims to evaluate the effectiveness of these approaches in promoting business accountability within the Indonesian framework. The research methodology relies on secondary data analysis, including a comprehensive review of existing legal frameworks and regulations related to CSR, as well as an examination of relevant case studies and empirical data. The findings reveal that hard law, characterized by binding regulations and clear sanctions, is more effective in promoting business accountability. However, soft law plays a vital role by offering guidance and incentives for companies to adopt broader social responsibility practices. Cultural factors, the legal environment, and the roles of the government and civil society organizations influence the effectiveness of these approaches. The study highlights the importance of combining hard and soft law approaches in CSR regulation. Recommendations include strengthening monitoring and enforcement by government agencies, offering more substantial incentives, and creating a supportive legal environment. Additionally, companies should understand and respect local culture and commit to anti-corruption efforts. Collaborative efforts among the government, businesses, and civil society are essential for establishing a more sustainable and accountable business environment in Indonesia.
Regulatory Framework on Compensation for the Restoration of Victims of Sexual Violence Purwadi, Hari; Lukitasari, Diana; Mayastuti, Anti; Abd Aziz, Hartinie; Cahyaningtyas, Irma
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.58181

Abstract

Compensation for crime victims based on  Law Number 12 of 2022 concerning Anti Sexual Violence has the potential for distortion due to the regulatory framework and the enforcement process. The article aims to examine the regulatory framework that ensures compensation as an instrument of victim restorations, whether it becomes a supplement or a substitution for restitution. Research methods using the upstream and downstream process models that emphesize regulatory design and process feasibility for payments, in which compensation has a role in victim recovery. The study result explain that compensation is formally a substitution for restitution. Compensation is not the primary goal, even though it is a state’s obligation. Law Number 12 of 2022 concerning Anti Sexual Violence thus emphasizes the use of direct restitution aimed at the recovery of victims and the rehabilitation of offenders. Compensation loses its meaning as a responsibility of the state that stands alone. Data from various decisions clarify that in cases where the offenders does not pay restitution, their property is confiscated and auctioned by the prosecutor to pay restitution. If it is insufficient, courts decide that imprisonment is a substitute and do not determine that the state has to pay compensation. 
Euthanasia In Indonesia: Laws, Human Rights, And Medical Perspectives Ohoiwutun, Y. A. Triana; Taniady, Vicko; Lutfian, Lutfian; Rachim, Kania Venisa; Putri, Natasya Aulia
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.63813

Abstract

Euthanasia remains a contentious issue in Indonesia, where it is currently prohibited by law, creating significant challenges in balancing human rights, legal standards, and medical ethics. This research explores the legal framework, human rights considerations, and medical perspectives surrounding euthanasia in Indonesia, with a comparative analysis of practices in the Netherlands. Employing a normative legal research methodology, it utilizes legislative analysis, case studies, and comparative approaches to examine the regulatory gaps and societal implications of euthanasia in Indonesia. The findings reveal that while active euthanasia is explicitly criminalized under Indonesian law, passive euthanasia occurs discreetly within society, reflecting a legal and ethical gray area. Comparatively, the Netherlands' regulated approach provides valuable insights into balancing patient autonomy and societal ethics. This study concludes that Indonesia could benefit from legalizing passive euthanasia under stringent conditions, aligned with human rights principles and cultural values. This legalization would require robust regulatory frameworks, including judicial oversight and ethical guidelines, to ensure accountability and safeguard vulnerable groups. The findings underscore the urgency of harmonizing legal, human rights, and medical perspectives to address this complex issue while respecting Indonesia's unique socio-cultural context.
Problems of Equality in the Realisation of the Right to Association in Kazakhstan Mitskaya, Elena; Sarykulov, Kurmangaly; Roisah, Kholis
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.65032

Abstract

The legal regulation of the constitutional right to freedom of association in Kazakhstan does not fully align with international standards. According to the European Convention on Human Rights, everyone has the right to freedom of association with others, and this right is not necessarily confined to public associations. While the Constitution of Kazakhstan recognizes the right of citizens to freedom of association, it limits this understanding to public associations. Additionally, the right to hold meetings, rallies, and demonstrations is stipulated separately. This study aims to provide a theoretical and legal analysis of Kazakhstan's legal provisions that restrict the right to freedom of association, assess whether the practical implementation of this right in Kazakhstan complies with international human rights standards, and propose measures to eliminate unlawful restrictions. The research employs both normative-legal methods and empirical analysis. The findings indicate that priority changes include amending the Constitution and laws of Kazakhstan to remove the ban on unregistered public associations and explicitly guaranteeing the constitutional right to freedom of association for all individuals, excluding political associations. In conclusion, the study proposes the elimination of unjustified legal barriers to the exercise of the right to freedom of association, which would ensure genuine adherence to this fundamental right.

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