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.
Articles
341 Documents
<![CDATA[Binding Legal Force of Supreme Court Decision over General Election Commission ]]>
<![CDATA[Madaskolay Viktoris Dahoklory]]>;
<![CDATA[Fifiana Wisnaeni]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30305
<![CDATA[Election Commission Regulation Number 26 Year 2018 established by the General Election Commission as a Follow-up to the Constitutional Court Decision Number 30 / PUU-XVI / 2018 which basically prohibits candidates for Regional Representative Council who are concurrently acting as administrators of political parties but the General Election Commission's rules are canceled by the Supreme Court based on its decision Number 65 / P / HUM / 2018. The purpose of this study is to analyze and find out whether the Supreme Court's Decision has binding legal force over the General Election Commission. The research method used is juridical-normative and qualitative analysis. The research results show that the Supreme Court Decision which nullifies legal norms in the General Election Commission Regulation still has binding legal force because in principle every judge's decision must be considered valid according to the law until there is equipment (res judicata pro veritate habetur), as well as the juridical decision of the Supreme Court immediately published in the State news, with the enactment of the Supreme Court's Decision it would naturally become the basis for the validity of the a quo Decision. The decision issued by the Supreme Court indirectly gave birth to a legal obligation for the General Election Commission, for that the General Election Commission must carry it out properly. Therefore, the Election Supervisory Body needs to oversee the election commission in carrying out the mandate of the decision.]]>
<![CDATA[(Un)Blurred Concept of Sovereign Rights at Sea : Implementation Context ]]>
<![CDATA[Arie Afriansyah]]>;
<![CDATA[Dila Paruna]]>;
<![CDATA[Rania Andiani]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30310
<![CDATA[The term “sovereign rights” has been used on many occasions in referring to coastal states’ actions in exploring and exploiting the ocean’s natural resources beyond their sovereign territory. Not to mention the lack of comprehension between “sovereignty” and “sovereign rights” of the general public, it appears that the last term is also lacking clear definition available for a legal basis. This clarity is crucial to give the legal certainty for states’ entitlement to conduct actions within their jurisdictions. This paper tries to clarify the legal definition of “sovereign rights” under international dan national practice. It concludes that no single universally accepted definition of sovereign rights. The explanation of rights and duties of such a definition is mostly practiced both internationally and nationally. The finding is based on the survey of the implementation of international rules, international judgments, and Indonesian court decisions.]]>
<![CDATA[Role of Trademark in Improving Legal and Competitive Awareness ]]>
<![CDATA[Endang Purwaningsih]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30301
<![CDATA[There are a lot of traditional food producers in Brebes Regency but they have not been managed well. Many obstacles were experienced by these MSMEs producers, including the problem of the ignorance of trademark registration, and the mindset and motivation that need to be addressed. The purpose of this study was to determine the level of knowledge of traditional food producers on trademarks and the motivation of traditional food producers in Brebes Regency for trademark registration in an effort to increase their legal awareness and competitive awareness. The research method used was empirical juridical research that emphasizes secondary data balanced by primary data as a support. The results show that the knowledge level of the traditional food producers in Brebes Regency towards trademarks was still low, and it needs to be improved with various socialization on trademark manufacturing, trademark registration, and branding assistance. The mindset and motivation of Brebes Regency traditional food producers towards trademark registration in an effort to increase legal awareness and competitive awareness is still low, so it needs to be improved and addressed. In addition, it is also necessary to be accompanied continuously by the stakeholders; in this case, the producer organization (MSMEs Forum) and related agencies in the area.]]>
<![CDATA[Legal Discourse on Manpower During COVID-19 Outbreak ]]>
<![CDATA[Richard Kennedy]]>
<![CDATA[ LAW REFORM Vol 16, No 1 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i1.30306
<![CDATA[Covid-19 has become a global epidemic all around the world. All countries around the world have been completely struggled by this outbreak, including Indonesia. Economy crisis is something that could not be avoided. Naturally, workers, and entrepreneurs will be either directly or indirectly affected. Massive amount of companies has applied the regulation “Termination of Employment”, laid of the workers, and even deduction on wages payment. Workers have become vulnerable parties in this case because they do not have enough assurance. Article 164 (1) Act No. 3 of 2003 concerning Manpower indeed regulates the Termination of Employment regulation because of force majeure, however this law seems to be slightly unsuitably applied for this outbreak Covid-19 situation. Therefore, this study is aimed to do legal discoursing in which can both assure those workers and maintain the operation of business in this tight condition. Finally, Indonesia needs to return back to kinship culture and unity in diversity philosophy as stated in Pancasila to equalize the interests both for workers and employers. According to Article 33 (1) and (4) of 1945 Constitution of Republic Indonesia, it has been firmly stated that Indonesian economy should be organized as a common endeavor based upon the principles of the family system and conducted on basis of Pancasila democracy. Hence, government is expected to play the intermediary role in order to unify and even out interest of all parties. Law of Manpower need to be adjusted with some regulations about rights and responsibilities accommodate to workers, employers, and government in deal with epidemic outbreak.]]>
<![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 Implementation of Establishing Marine Protected Area: Lessons Learned From Raja Ampat to Achieve Sustainable Fishery ]]>
<![CDATA[Sri Wartini]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33774
<![CDATA[Raja Ampat has one of the world’s richest coral reef, because it is located in the heart of the coral triangle. However, due to human activities, such as overfishing, shipping as well as climate change has caused serious impacts to the existence of the coral reef and its habitats. As the member of the United Nations Law of the Sea Convention and the Biodiversity Convention, Indonesia has obligation to establish Marine Protected Areas (MPAs). The research aims to analyze comprehensively the implementation of establishing the MPA in Indonesia based on international and national law perspective and to examine whether the existence of the MPA in Raja Ampat can be used as a model to develop MPA in other area to achieve sustainable fishery. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research finds that the establishing of MPA in Raja Ampat has been successfully achieved sustainable Fishery as part of sustainable development. However, there are some challenges that have to be addressed, such as lack of monitoring in the MPAs due to the limitation of the budget as well as the illegal unreported and unregulated fishing conducted by the people outside indigenous community Thus, it is necessary to conduct monitoring cooperation among the MPAs.]]>
<![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[Law Enforcement in The Handling of People Smuggling Crime in Indonesia ]]>
<![CDATA[Herbin Marulak Siahaan]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33769
<![CDATA[People Smuggling is a rising phenomenon of Transnational Organized Crime. Indonesia has taken an important step to combat this phenomenon by ratifying the UN Protocol against Smuggling of Migrants which set of key obligations relating to People Smuggling. This normative legal research aims to identify and discuss the challenges to convert these obligations into practical outcomes. The research results show some practical challenges for the law enforcement agencies responsible for combating people smuggling which includes a number of issues that relate to the prosecutions of migrant smugglers and to the dismantling of smuggling networks. Therefore, it is necessary to have a model of law enforcement in handling a crime as complex as people smuggling by improving the legal substance, the legal structure as well as the community participation in regional perspectives.]]>
<![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[Optimizing Health Protocol Enforcement during the Covid-19 Pandemic ]]>
<![CDATA[Julista Mustamu]]>;
<![CDATA[Andress D Bakarbessy]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33775
<![CDATA[The effort of the prevention and countermeasures in order to break the chain of transmission of Corona Virus Disease 2019 (Covid-19), it needs to be done in an integrated and comprehensive manner from various aspects of governance, health, socio-cultural and economic aspects. As part of the state of public health emergencies and has beeb designated as a non natural disaster, the regional goverment has the authority to take preventive and countermeasures actions primarily in the enforcement of health protocol during the Covid-19 pandemic in accordance with statutory provinsions. The research objective is to understand the enforcement of health protocols during the Covid-19 pandemic. The research method used is juridical-normative with a statutory approach and a conceptual approach to analyze problems qualitatively. The results and discussion concluded that The formulation of policies and formation of regional legal product that from the basic of legitimacy as well as the basic of legality to act for local goverments in the efoort to optimize the enforcement of prtococols during the Covid-19 pandemic, certaily need to develop specific policy formulation models and becemo a reference for local goverments in policy formulations and formulation reginal legal product in the enforcement of the Covid-19 health protocol. Policy formulation and formation of regional legal product in the enforcement of the Covid-19 health protocol include, and a review of the stages of policy formulation]]>
