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[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[Position of Supervisory Board Organ and Its Implications for the Institutional Corruption Eradication Commission ]]>
<![CDATA[Muh Rinaldy Bima]]>;
<![CDATA[Rizki Ramadani]]>
<![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.v16i2.33770
<![CDATA[The negative view that the People's Representative Council of Indonesia (DPR) has long been in a constant effort to weaken the Corruption Eradication Comission (KPK), making the revision process of the KPK law until after it is legalized, receives pro and contra. A number of provisions in the new Law of KPK are considered to potentially weaken the independence of the institution, especially concerning the establishment of the so called Supervisory Council. The purpose of this research was to analyze an the position of the Supervisory Council and to explain its implications on the institutional aspects of the KPK.This normative legal research was conducted through a literature study using conceptual and statue approaches, which then analyzed qualitatively. The results show that the new Law of KPK makes the Supervisory Council as an internal supervision organ, but its position had not well formulated yet in the institutional structure. The existence of the Supervisory Council also have some impacts on the institutional aspects of KPK in terms of Institutional and functional independences.]]>
<![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[Supervision of Bawaslu Pemalang Regency in the 2020 Regional Head Election ]]>
<![CDATA[Ntika Nur Mutiarasari]]>;
<![CDATA[Ratna Herawati]]>
<![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.v16i2.33777
<![CDATA[One of the ongoing democratic activities in 2020 is the Election for the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor simultaneously in 2020. The success of holding regional elections in Indonesia is largely determined by the performance of the election organizers, one of which is the Election Supervisors a supervisory agency that oversees the process of implementing the Pilkada stages. Pilkada supervision during a pandemic is a big challenge for the ranks of Election Supervisors in Indonesia so it is interesting to study this topic. This research focuses on the supervisory policies issued by the Bawaslu RI during the Covid-19 pandemic and is then linked to the supervision carried out by the Pemalang Regency Bawaslu during the 2020 Pilkada. This legal research used a normative juridical approach and was descriptive analytical in nature which was analysed qualitatively. The results of the study show that there are obstacles and strategies in the supervision of election during the pandemic, but Bawaslu RI and its staff including Bawaslu Pemalang in the supervision of the 2020 Pilkada also carry out with more prevention, socialization to the public through online, maximizing social media owned by the District Bawaslu, coordination between agencies / stakeholders. The Election supervision is also carried out by health protocols in handling Covid-19 in their daily activities in carrying out their duties and authorities.]]>
<![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[Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System ]]>
<![CDATA[Robiatul Adawiyah]]>;
<![CDATA[Umi Rozah]]>
<![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.v16i2.33783
<![CDATA[The criminal justice system should be an embodiment of values of Pancasila. Few cases raised concerns and questioned Pancasila’s practice because it hurt community justice sense. Pancasila must be reflected in criminal law enforcement. The criminal justice system is open whose operation is influenced by the environment the subsystems's operation, it is very important to be studied comprehensively. This article discusses the Indonesian criminal justice system with a Pancasila perspective; Indonesian criminal justice system with the concept of Pancasila as an open criminal justice system; subsystem in the Indonesian criminal justice system has the concept of Pancasila as an open criminal justice system. The research method in this article is normative with philosophy approach. The results showed that criminal justice system has Pancasila perspective, means that it must prioritize humanity, the balance of the interests of perpetrators and victims, the justice of God, humanity and society (substantive justice). As an open system, it does not work in solitaire in a vacuum, but must pay attention to legal values and community justice sense so that the working of it is more contextual in applying criminal law to achieve its success. And all subsystems in the criminal justice system have basically been based on Pancasila as an open justice system.]]>
<![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[Law Enforcement in the Context of Legal Culture in Society ]]>
<![CDATA[Derita Prapti Rahayu]]>;
<![CDATA[Faisal Faisal]]>;
<![CDATA[Rafiqa Sari]]>;
<![CDATA[Ndaru Satrio]]>
<![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.v16i2.33780
<![CDATA[Law enforcement is a series of processes to describe values, ideas, ideals, and subsequently become legal objectives. The awareness and compliance of sailing administration to Matras fishermen in catching fish is very much determined by the legal culture of the community. The purpose of this discussion is to determine law enforcement in the context of legal culture in society. The results of the discussion conclude that the legal culture of Matras fishermen displays something unique, namely a spiritual presence and a contextual existence. Therefore, law enforcement in the cultural context is sharing space with the other side of the value that is believed to be sacred in religious substance and believing in the value of local wisdom. The pattern of law enforcement with a cultural dimension is a manifestation of synchronization of the various aspects of substance, structure and culture itself]]>
<![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[Regulations Harmonization of Proposal and Stipulation of Special Economic Zone in Indonesia ]]>
<![CDATA[Muh Ali Masnun]]>;
<![CDATA[Radhyca Nanda Pratama]]>
<![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.v16i2.33784
<![CDATA[The acceleration of economic development in Indonesia cannot be separated when the government implements a Special Economic Zone (KEK) policy by using legal instruments in it. The purpose of this study is to examine the harmonization of regulations related to the proposal and determination of SEZ in Indonesia. This study uses normative legal research, using primary and secondary legal materials. First analysis, the provisions of business entities as proposers for SEZ need to be reviewed because they have a cumulative meaning. Second, private business entities proposing SEZ need to be limited, especially in important areas relating to the life of the wider community. Third, the determination of SEZ by the government (Article) needs to pay attention to RTRW, protected forest areas, and / or analysis of environmental impacts. Fourth, stipulation without a proposal stage is contrary to the principle of kinship. Fifth, Article 8 of the UU KEK is inconsistent with the PP on the Implementation of SEZ and the 2011 Minister of Coordinating Ministry for Guidelines for SEZ Proposals. Sixth, the SEZ proposal by the Minister of Research, Technology and Higher Education needs to be scrutinized and analyzed in depth in the process of its determination.]]>
