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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.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 22, No 1 (2026)" : 6 Documents clear
Pretrial as Supervisory Mechanism for Protecting Suspects' Human Rights Tongat, Tongat; Md Said, Muhamad Helmi; Rozah, Umi
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.68181

Abstract

Although coercive measures in the investigative and prosecutorial processes are essentially legitimate, the line between necessary detention and violations of individual freedoms and human rights is often blurred in practice. Therefore, a control mechanism is essential. This paper aims to analyse two main issues: first, the use of pretrial as a mechanism for monitoring the implementation of suspects' human rights protection during the investigation and prosecution process; and second, the need to consider material aspects in pretrial. Using conceptual, legislative and comparative approaches, this paper reaches at least two conclusions. Firstly, as its focus is limited to the formal procedural process, the pretrial process, as set out in Law Number 8 of 1981 concerning the Criminal Procedure Code, has failed to fulfil its function as a control mechanism for ensuring the protection of suspects' human rights during the investigation and prosecution process. Secondly, the absence of provisions for examining material aspects in pretrial further confirms that it is unable to control the use of coercive measures in the investigative and prosecutorial processes
Legal Guarantees for the Protection of Patient Confidentiality: A Cross-Jurisdictional Study Benseghir, Mourad; Bentria, Maamar; Sarhan, Adnan Ibrahim; Luhaibi, Salih Ahmed; Yousif, Alaa Yakoob
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.65728

Abstract

This study examines the legal guarantees governing the confidentiality of patient information in Indonesia and the United Arab Emirates (UAE), two jurisdictions undergoing rapid digital transformation in their healthcare sectors. As the adoption of electronic medical records, telemedicine, and health information systems expands, concerns surrounding the protection, governance, and misuse of patient information have intensified. Through a normative and comparative legal method, this research analyzes the primary legislative instruments, regulatory mechanisms, and institutional arrangements that safeguard patient confidentiality in both countries. The UAE has established a more unified and structured legal framework, particularly through Federal Law No. 2 of 2019 on the Use of Information and Communication Technology (ICT) in Health Fields and the Personal Data Protection Law No. 45 of 2021, which impose stringent obligations for secure processing, access limitation, and data governance. Indonesia, on the other hand, has introduced key regulations such as the Health Law No. 17 of 2023, Minister of Health Regulation No. 24 of 2022 on Medical Records, and the Personal Data Protection Law No. 27 of 2022; however, challenges persist in enforcement consistency, system interoperability, and institutional capacity. By comparing legal standards, confidentiality obligations, penalties for violations, and enforcement practices, this study highlights the strengths and weaknesses of both frameworks. The findings underscore the need for Indonesia to enhance regulatory coherence, improve oversight mechanisms, and adopt best-practice elements from the UAE to reinforce patient information protection
Copyright Protection of Computer Software: A Comparative Study of India and Indonesia Jened, Rahmi; Raharjo, Ignasius Sumarsono; Kumar, Abhishek; Rathi, Aditya; Sari, Betharia Noor Indah; Zulfah, Shofiy
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.64235

Abstract

Since its invention around fifty years ago, computer technology has drastically changed people's lives. As well as providing various conveniences, the existence of computers has also given rise to a number of legal issues. This research project aims to examine comparative law in the context of copyright protection for computer programs in Indonesia and India. Multiple approaches were used: comparative, statutory, conceptual and case. The results obtained are as follows: (1) In Indonesia, a country with a civil law tradition, the benchmark for protecting authors is a reward system. Meanwhile, India, which has a common law legal tradition, uses a benchmark of copyright on the object of work creation as an incentive system;(2) The standard of copyrightability in Indonesia emphasises originality and creativity to a high degree. India, however, places more emphasis on fixation;(3) Both countries provide automatic protection for computer programs for a term of 50 years;(4) In Indonesia, copyright encompasses both economic and moral rights. India, however, places more emphasis on economic rights;(5) There are limitations and exceptions to author's rights in Indonesia. India has a system of fair use or fair dealing;(6) Copyright infringement can be direct or indirect. In Indonesia, law enforcement includes criminal sanctions in the form of imprisonment and fines. In India, it is mostly based on civil lawsuits and damages.
The Influence of Law Enforcement on Restorative Justice-Based Conflict Resolution within the Customary Law in Aceh, Indonesia Abdullah, M Adli; Mansur, Teuku Muttaqin; Masrizal, Masrizal; Muhammad Rasyid, Laila; Priyono, Ery Agus
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.63943

Abstract

The Indigenous People Community (IPC) in Aceh engages in collaborative efforts with law enforcement agencies to mediate disputes via customary courts, as delineated in Aceh Qanun Number 9 of 2008 pertaining to the Advancement of Customary Life and Traditions. Nevertheless, the escalating preeminence of formal legal frameworks has elicited apprehensions regarding the efficacy of customary sanctions in the context of community-driven conflict resolution. The objective of this research endeavor is to scrutinize the function of the police within the sphere of customary dispute resolution and to investigate the implications of their involvement on the jurisdiction of customary law institutions at the village level. The methodological approach employed in this inquiry is descriptive, supplemented by an empirical methodology. Primary data were acquired through direct observation and interviews with pivotal stakeholders, while secondary data were procured from ancillary documentation. The findings indicate that despite the successful resolution of 18 cases at the village level, the influence of the police tends to eclipse the authority of customary courts. The effectiveness of customary sanctions diminishes when formal law is accorded precedence, particularly in instances such as livestock theft or minor violent offenses. The conclusions that can be inferred suggest that excessive police involvement undermines the robustness of customary law, thereby contravening Article 13 paragraph (3) of Aceh Qanun 9/2008, which stipulates a preference for resolution through customary means at the village level.
Inequality Between The Potential of Fishery Resources and The Poverty Level of Fisherman Communities in Coastal Areas Kurnia, Ida; Yuan Yuan, Luo
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.76139

Abstract

Indonesia, recognized as a significant maritime nation, documented a capture fisheries output of 7.7 million tonnes in the year 2023, positioning it among the foremost producers globally. Notwithstanding its substantial economic prospects, the well-being of coastal fishing communities remains suboptimal, signifying an enduring disparity between the wealth derived from marine resources and the prevailing social conditions. This research endeavors to furnish a contemporary examination of this incongruity by exploring the divergence between Indonesia's fisheries potential and the impoverishment faced by fishermen. Employing a legal-empirical framework, this investigation scrutinizes pertinent policies and integrates interviews with fishers from the Pekalongan, Juwana, and Tegal locales. The findings indicate that numerous fishing households exist in vulnerable conditions attributable to inadequate fisheries governance, resource overexploitation, and limited access to essential infrastructure and services, including education and healthcare. The activities of economically and politically hegemonic entities exacerbate the marginalization of fishers, while bureaucratic inefficiencies and corruption at both local and national strata obstruct enhancements in welfare. These inequities hinder social and economic advancement, posing a threat of ecological degradation and jeopardizing the long-term sustainability of marine resources. The research posits that the resolution of these challenges necessitates comprehensive and coordinated strategies that amalgamate economic, social, and environmental objectives within the paradigm of coastal development.
The Potential Application of The Bridging Approach In Community-Based Corrections In Indonesia: A Comparative Perspective Hamja, Hamja; Nunna, Bhanu Prakash; Sutrisno, Endang; Sambas, Nandang; Widjajanti, Ermania
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.71136

Abstract

Electronic Monitoring (EM) constitutes a sophisticated surveillance mechanism that epitomizes technological advancements within the legal sphere and acts as a feasible substitute for conventional detention practices. Nations such as South Korea have adeptly incorporated EM into a meticulously designed, community-centric training framework. Indonesia is encouraged to adopt EM; however, the effective realization of this initiative necessitates alterations to the prevailing legal and social infrastructure. This research endeavors to investigate the feasibility of EM implementation in Indonesia through a comparative analysis with the established framework in South Korea, focusing particularly on the alignment of correctional institutions, technological systems, and community engagement. Employing a comparative judicial methodology, this study assesses the legal framework, institutional arrangements, and operational procedures pertaining to EM in both jurisdictions. Findings indicate that South Korea has established a comprehensive national framework for EM, supported by centralised monitoring facilities located in Seoul and Daejeon, regional parole offices, and coordinated oversight in conjunction with law enforcement agencies. In contrast, Indonesia's correctional system remains hampered by fragmented regulatory measures, inadequate institutional collaboration, and limited technological capabilities. The lack of EM as a formally recognised legal instrument limits alternative sentencing options and exacerbates prison overcrowding. This study concludes that Indonesia requires legislative reform, capital investment in monitoring infrastructure, and enhanced inter-agency collaboration to facilitate the effective implementation of EM.

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