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[Crime Combating Policy of Carding in Indonesia in the Political Perspective of Criminal Law ]]>
<![CDATA[Muhammad Isnaeni Puspito Adhi]]>;
<![CDATA[Eko Soponyono]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41736
<![CDATA[The development and progress of science and technology lead to the emergence of cybercrime. One form of cybercrime is carding. Carding is a crime of using or stealing other people's credit cards through cyberspace. This paper discusses the process of criminal law enforcement against carding crimes based on current positive law and future carding crime prevention policies in terms of the political perspective of criminal law. The method used was a normative juridical research method. The discussion shows that criminal law enforcement efforts against carding crimes have been regulated through the Law on Information and Electronic Transactions, but these arrangements cannot overcome carding crimes in Indonesia, so there is a need for a formulation policy that specifically regulates carding crimes. The policy of dealing with carding crime in the future is reviewed from the perspective of criminal law politics, namely through penal and non-penal efforts. Efforts should be made to socialize cyber law for the people of Indonesia that can support the use of credit cards as a means of payment in online transactions in a responsible manner and have a strong legal basis.]]>
<![CDATA[Presence of Pretrial in the Perspective of the Pancasila State of Law ]]>
<![CDATA[Sahat Maruli Tua Situmeang]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41746
<![CDATA[Pretrial is a process that precedes a trial in court or a preliminary examination before entering a trial. However, in its application, pretrial institutions both before and after the Constitutional Court Decision Number 21/PUU-XII/2014 are not in accordance with the Criminal Procedure Code and also have weaknesses or shortcomings. This paper aims to find out the presence of pretrial institutions in the perspective of the Pancasila state of law. In other hand, pretrial institution as an institution that oversees the protection of the human rights of suspects/defendants is regulated in Chapter X Articles 77 to Article 83 of the Criminal Procedure Code. The determination of the suspect must be carried out carefully by taking into account the principle of presumption of innocence as a general principle in criminal procedural law that must be enforced by law enforcers. In law enforcement, of course, there must be supervision both vertically and horizontally so as to minimize the occurrence of irregularities. Therefore, it is important to establish an Ad Hoc institution as a substitute for a Pretrial institution in which the judges consisting of career judges, legal practitioners and academics can act whether there is an application or not which is filed by the suspect/defendant or his family or proxies so that the decision is objective. Thus, it is important to reformulate the Criminal Procedure Code regarding the determination of suspects.]]>
<![CDATA[Legal Liability of Minors as Perpetrators of Online Buying and Selling Fraud in Indonesia ]]>
<![CDATA[Tantimin Tantimin]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41738
<![CDATA[The development of internet technology is directly proportional to the growth of online trade. Easy access to online buying and selling transactions is faced with the risk of fraud, including the fraud committed by minors. This paper discusses the criminal liability of minors who commit criminal acts of fraud in online buying and selling transactions. The research method used was a normative legal research method. The results of this study indicate that online buying and selling transactions carried out by minors based on legal principles of engagement are legal. Fraud of online buying and selling transactions carried out by minors can be subject to criminal penalties by taking into account the rights of children under the Child Protection Act. Although children are not free from legal bondage, keeping children away from the formal justice process can avoid stigmatization of children in conflict with the law.]]>
<![CDATA[Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary ]]>
<![CDATA[Devi Alincia]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ LAW REFORM Vol 17, No 2 (2021) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v17i2.41749
<![CDATA[The concept of Cyber Notary in Indonesia is influenced by the advance of technology, the need of the society, and the way people think. Cyber notary is mentioned in the amended Law on Notary (Amended UUJN) in the form of other authorities, which is to certify transaction made electronically (cyber notary). However, in the level of legal practice, cyber notary’s authority is not performed effectively by notaries in real practice. This study aimed to examine the aspect of legal certainty of cyber notary and how far the chance of UUJN’s Amendment is able to provide certainty for the implementation of cyber notary. This study was conducted using normative legal research method, a descriptive method, through statute approach and history approach. The result of this research shows that: first, notary’s authority in cyber notary is merely to legalize an electronic document and privately made deed. The second, the certification of a transaction which is done electronically (cyber notary) by Notary has validity or legally valid and is not against the principle of Tabellionis Officium Fidelliter Exercebo because during the process notaries is present directly. Based on the result of this study, the suggestion that can be given is that it is necessary to amend UUJN and to formulate implementing regulation of the mechanism of notary’s authority to certify electronic transaction.]]>
<![CDATA[Alternative Criminal Punishments for the Settlement of Misdemeanor in a Social Justice Perspective ]]>
<![CDATA[Zulyadi, Rizkan]]>;
<![CDATA[Hossain, Mohammad Belayet]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44712
<![CDATA[The national law has a clear vision to realize a just and democratic rule of law. Criminal legal system serves to protect the interests of the society and the nation. Criminal law enforcement nowadays is no longer directed at enforcing crimes, but also to cope with humanitarian interest in criminal actions, especially when it has to defend against misdemeanor. This paper aims to analyze the current dynamics in how Indonesian criminal law contextualize its existence in facing misdemeanor. By using juridical and normative approach with descriptive analytical technique, the results showed inadaptability of criminal law with misdemeanor cases. The results highlight that as a complex part of socio-economic and legal problem, misdemeanor is dynamically challenging legal system and criminalization. This study demonstrated the need for alternative penalties for minor crimes as an integral part of reforming the Indonesian Criminal Code. More specifically, this study shows several requirements that need to be met in the legalization of alternative criminal penalties for minor crimes. In addition, alternative punishments can provide benefits to the community, such as involving criminals in community service and unpaid work. The recommendations are pointed out regarding the application of alternative criminal penalties for minor crimes.]]>
<![CDATA[Reconceptualizing Legal Arrangement on the Doctor-Patient Relationship in Indonesia ]]>
<![CDATA[Iswandari, Hargianti Dini]]>;
<![CDATA[Hoque, Sanjana]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44711
<![CDATA[The doctor-patient relationship in Indonesia has changed. In the past, patients were inferior to doctors, but over time the relationship has put the two in a more balanced position. This article aims to examine the legal substance in regulating doctor-patient relationships in Indonesia. The arguments presented in this study demonstrated the increase in the number of civil lawsuits or complaints/criminal lawsuits has a substantial impact on legal resolution shifting. Although the law placed the legal relationship among two parties as mere contract-civil relationship, the criminalization is increasingly favored in recent years. As a recommendation, future law-making process needs to comprehensively consider medical science as the basis to lay the legal foundation in regulating doctor-patient relationships.]]>
<![CDATA[Contextualization of Legal Protection of Intellectual Property in Micro Small and Medium Enterprises in Indonesia ]]>
<![CDATA[Disemadi, Hari Sutra]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.42568
<![CDATA[The growing number of Micro, Small and Medium Enterprises (MSMEs) has brought about big potential for the implementation of intellectual property protection. The management and the ability to create is an essential key to develop intellectual property. According to this issue, this study is aimed at investigating and analyzing the contextualization of legal protection of intellectual property in the development of MSMEs in Indonesia. Doctrinal legal research method was applied in this study. This legal study emphasizes on the conception that law can be seen as a set of laws and regulations which are systematically arranged based on a certain hierarchical order. The result of the study shows that MSMEs and intellectual property are two inseparable entities. One of the government efforts to develop MSMEs in Indonesia is by simplifying MSME regulation through the implementation of omnibus law in order to avoid overlapping of regulations which may lead to complicated bureaucracy. Another finding of this study is that basically the protection of intellectual property is considered highly important for the vendors of MSMEs. The implementation of legal protection for the vendors of MSMEs and their intellectual properties provides opportunity for the business owners to maximize the economic value of their intellectual property. Intellectual property rights can be collateral to obtain banking credit because intellectual property rights are admitted as property that its ownership can be handed over.]]>
<![CDATA[The Constitutionality of Outsourcing Job Regulation in the Law on Job Creation ]]>
<![CDATA[Sisinaru, Sostones Y]]>;
<![CDATA[Harijanti, Susi Dwi]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44249
<![CDATA[Government policy to adopt the idea of “omnibus law” through the forming of Job Creation Law aims to simplify investment and to fix regulations in Indonesia. Job creation Law consists of 11 clusters. One of the clusters regulates manpower mainly concerning Outsourcing Minimum Wage and termination of employment. This policy has potential to bring disadvantages to the interest of the workers and leads to protest by workers/labors. This study aims to investigate political direction of job Creation Law and question the constitutionality of the regulations of outsourcing work in Job Creation Law. Research method of this study was normative, meaning that by using legislation and conceptual approach to perform qualitative analysis. The result and Discussion of this study concludes that political direction of Job creation Law is still authoritarian politics so that resulting in Law that is conservative because the discussion about the Law did not involve the people participation. Moreover, the material formulation of outsourcing in Job Creation Bill has not aligned with the mandate of Supreme Court decision No 27/PUU-IX/2011.]]>
<![CDATA[The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District ]]>
<![CDATA[Mahfud, Muh. Afif]]>;
<![CDATA[Wibawa, Kadek Cahya Susila]]>;
<![CDATA[ALW, Lita Tyesta]]>;
<![CDATA[Saraswati, Retno]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.44655
<![CDATA[Rights to Citizenship must be protected because it is the basis to be able to access the other rights. Rights to citizenship of migrant workers in Nunukan District is potentially expired and lost if they do not renew their passports. The same case may occur with illegal migrant workers who stay for 5 years abroad. This article aims to analyze the potential of stateless person in Nunukan District, the effort made by the government to handle the issue, and the ideal construction of legal protection for stateless person. This study applied socio legal approach using primary and secondary data which were collected through interview, observation, and in depth interview. Those data then were analyzed qualitatively. Based on the analysis, it is concluded that: (1) the potential of being stateless person in Nunukan District occurred in migrant workers whose passports were expired for more than 5 years, irregular migrant workers who stayed abroad for more than five years, the descendants or children of migrant workers who were born and were raised in Malaysia; (2) the government prevents the occurrence of stateless person: (a) integrated management of handling migrant workers; (b) sweeping in order to prevent irregular migrant workers; (c) simplifying the issuance of Letter of Arrival of Indonesian Citizen (SKDWNI) and Letter of Overseas Arrival (SKDLN); (3)ideal construction of the protection of right to citizenship for migrant workers is the extension of the scope of migrant workers protection agreement, and the placement of Citizenship and Civil Record Agency officers in order to make the paperwork handling of citizenship document easier.]]>
<![CDATA[Equity Interest Scheme’s Compatibility with the UNCLOS 1982’s Common Heritage of Mankind Principle ]]>
<![CDATA[Merdekawati, Agustina]]>;
<![CDATA[Triatmodjo, Marsudi]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i1.43083
<![CDATA[The Mining Code Exploration for polymetallic sulphides and cobalt-rich ferromanganese crusts provide options for exploration contractors to offer an equity interest in a joint venture with Enterprise. UNCLOS 1982 has never regulated the existence of such a scheme as a substitute for the obligation to submit reserved areas at the exploration stage. The presence of the equity interest scheme raises questions on its compatibility with the Common Heritage of Mankind (CHM) principle, especially with the aspect of equitable benefits sharing (EBS) to all mankind. This study aimed to assess the compatibility of the equity interest scheme with the CHM principle. The study was conducted normatively by analyzing equity interest scheme implementation associated with the norms in the CHM principle and UNCLOS 1982. The results showed that the equity interest scheme is compatible with the EBS aspects in the CHM principle by presenting the optimization of financial benefits for all mankind. The implementation of the equity interest scheme, even though it is contrary to the provisions of Annex III Article 1982, is a form of subsequent practice accepted by state parties. This study recommends that the relevant stakeholders reconsider the involvement of the Enterprise in the equity interest scheme based on financing efficiency.]]>
