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[The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang ]]>
<![CDATA[Ridwan, Ridwan]]>;
<![CDATA[Jaya, Belardo Prasetya Mega]]>;
<![CDATA[Imani, Sarah Haderizqi]]>
<![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.v18i1.44643
<![CDATA[Convention on The Rights of The Child is the most comprehensive international legal instrument of human rights to promote and protect rights of children. In the late 2019, Coronavirus Disease 19 outbreak started. This pandemic then has led to socio-economic impact as a result of preventive and controlling actions. This pandemic has also affected the fulfillment of child’s rights including the rights of children in The City of Serang. This research was aimed at investigating the implementation of general principle of Convention on The Rights of The Child during Covid-19 pandemic in the city of Serang. This study applied normative research method, which is a research discussing legal aspects by studying literature sources on the applied regulations. The result of the study shows that the implementation of general principle of Convention on The Rights of The Child, consisting of the principle of non-discrimination, the best interest of the child, the right to life, survival and development, and the right to be heard, went well along with the establishment of Child Social Welfare Institute to serve children with special needs (LKSA), Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) to receive complaints on the violation of children’s rights, Serang’s Children Forum as a media where children of Serang can participate. The implementation of the right to survival was not as good because Working group (Pokja) for adverse effect following immunization (KIPI) special for children has not effectively implemented.]]>
<![CDATA[Problems of Law Enforcement in Realizing The Principle of Equality Before The Law in Indonesia ]]>
<![CDATA[Rofingi, Rofingi]]>;
<![CDATA[Rozah, Umi]]>;
<![CDATA[Asga, Adifyan Rahmat]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.47477
<![CDATA[Indonesia is a state of law. The law stipulates the principle of equality before the law. There are various problems in law enforcement. These problems have led to the failure to observe the principle of equality before the law. Just as the persecution suffered by Sarpan, the police admitted that they were the perpetrators of the murder. This is different from the case of Napoleón Bonarparte and Prasetijo Utomo, the suspect of bribery to remove red notice warrant of Djoko Tjandra. In this case, Djoko Tjandra had lunch with the head of the prosecutor's office. This research is significant considering the widespread practice of law enforcement that underestimates the principle of equality before the law, so it will not discriminate against everyone when applying the law in the future. This study uses the non-doctrinal reaserch because it examines laws and regulations and their implementation to the people. From this research, it is found that due to the problems of laws and regulations that are unsuitable for the people, lacked of ethics, beliefs, resources, and transparency in the screening of order agents, the principle of equality before the law has not been implemented, and there is inconsistency in the application of the law Integration leading to the decline in public trust to the law . Therefore, these issues need to be improved to realize the principle of equality before the law in law enforcement.]]>
<![CDATA[The Implication of Sea-level Rise Toward the Small Island Nation of Maldives: Legal Perspective ]]>
<![CDATA[Hananto, Pulung Widhi Hari]]>;
<![CDATA[Trihastuti, Nanik]]>;
<![CDATA[Basir, Salawati Mat]]>;
<![CDATA[Prananda, Rahandy Rizki]]>;
<![CDATA[Rizki, Dzulfiki Muhammad]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.44698
<![CDATA[Climate change has always been a major issue and a long discussion in the international community. One of the tangible manifestations of climate change is rising sea levels. Sea level rise also has a significant impact on small island countries or micro-countries which are geographically small and have very low land elevations. The impact of sea level rise will pose a threat that is quite dangerous for the existence of a small island nation like the Maldives. This article applies normative legal research methods using a conceptual approach, cases and regulations. This study aims to examine the implications of sea level rise on the Maldives perspective and provide options in the form of legal construction to solve this problem. This research found that The UNCLOS does not provide explicit reference against the sea-level rise effected by climate change. However, International community have been making progress to address this issue with a numbers of conferences. This study suggest that The Maldives government should have maximized the implementation of its laws and regulation to mitigate air space pollution coming from GHG Emission. The consistency of its implementation is the important key to mitigate the impact of this sea level rises.]]>
<![CDATA[The Controversies over State Secularism in the Constitution of the 4th Republic of Madagascar ]]>
<![CDATA[Ramahefarivo, Rota Ranavalonatina]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.47331
<![CDATA[The first article of the 4th Republic of Madagascar states that Madagascar is a secular State. However, there are many controversies related to this secularism. Those controversies are both textual and empirical. In reality Madagascar is not a pure secular State. This article consist of explaining the cause of the contradiction of secularism found in the content of the Constitution and the reality. The objective of this study is to describe the controversies about the application of the secularism principle during the 4th Republic and especially under the regime of the President Andry Rajoelina. If the Constituent think the concept of secularism as western countries think, especially France, Madagascar has its own way of application, because of the influence of traditional belief and Christianism. Then, the existence of a contextual secularism will be the solution for the controversies.]]>
<![CDATA[Personal Data Protection to E-Commerce Consumer: What Are the Legal Challenges and Certainties? ]]>
<![CDATA[Rahmi Ayunda]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.43307
<![CDATA[Internet is one of the media facilities that is not only used for communication, but is also used in the process of buying and selling or trading (e-commerce). Behind all the conveniences obtained, e-commerce also raises the issue of consumer concerns on the responsibility for personal data. This study aimed to examine and re-explain the urgency of protecting personal data of e-commerce consumers and focused on the challenges and legal certainty of protecting personal data of e-commerce consumers in Indonesia. The method used was a doctrinal research method. This study showed that the application of data in e-commerce provides many benefits. However, the challenge was the absence of binding laws to safeguard personal data submitted to e-commerce companies. Legal certainty for the protection of e-commerce consumers is currently contained in several laws and regulations. Therefore, it is necessary to improve the effectiveness in the implementation of personal data protection and to regulate the protection of personal data in a law. In Indonesia, the urgency of the ratification of the Personal Data Protection Bill may become a solution in providing legal certainty for the protection of e-commerce consumers on their personal data.]]>
<![CDATA[Russian Conflict On Ukraine Based On Humanitarian Law Perspective ]]>
<![CDATA[Yuanda Winaldi]]>;
<![CDATA[Joko Setiyono]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.46679
<![CDATA[Russia's conflict with Ukraine which has lasted for a long time has resulted in world commotion and disorder. This problem is certainly an important legal issue to be researched. Based on this, this study aims to examine and analyze the humanitarian law arrangements against Russia's armed attack on Ukraine. The research conducted in this paper is a type of doctrinal research. The conclusion is that based on international humanitarian law arrangements such as the Geneva Conventions, Additional Protocol I 1997 provides protection for civilians and civilian objects in times of war. Russia's act of armed attack is a violation of international humanitarian law. It is hoped that proactive actions from the United Nations will be neutral by carrying out a peaceful settlement. However, if it fails to produce a decision that resolves the conflict, strict sanctions are needed against the violator in accordance with the applicable international humanitarian law regulations.]]>
<![CDATA[The Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia: A Comparative Study ]]>
<![CDATA[Hakimah, Asma]]>;
<![CDATA[Marom, Ruzian]]>;
<![CDATA[Islamiyati, Islamiyati]]>;
<![CDATA[Musyafah, Aisyah Ayu]]>;
<![CDATA[Budiman, Achmad Arief]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.46673
<![CDATA[Legal problems in the implementation of land waqf in the community are found in; wakif, status of waqf land, nadzir, wakif heirs, nadzir heirs, and land waqf institutions. Therefore, it is very important to conduct a research on A Comparative Study on the Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia to analyze land waqf practices in Indonesia and Malaysia, then to compare and identify their similarities and differences. This research can provide ideas for the government in updating the land waqf law. This study used a comparative approach. The research data include primary and secondary data. The data were analyzed qualitatively. The results showed that there are some similarities of land waqf practices in Indonesia and Malaysia. These similarities are found in terms of ; its legal basis; forms of wakif and nadzir; as well as the position of the land waqf witness. Meanwhile, the difference lies in; land waqf management practices; government policy on waqf institutions; allotment, term, and settlement of land waqf disputes. By comparing Malaysian and Indonesia land waqf law practices, Indonesia can renew the land waqf law on the aspects of its legal rules and legal institutions.]]>
<![CDATA[A Legal Analysis on Resolving Recently Growing Online Business Frauds in Bangladesh ]]>
<![CDATA[Md Adnan Kabir]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.46636
<![CDATA[In the recent time, the E-commerce sector has been facing serious challenges due to the fraudulent behaviors of a number of E-commerce businesses. Thousands of consumers have lost their money due to these fake transactions. The main purpose of this article is to help to mitigate online business frauds by reviewing the current legislation and regulations in Bangladesh. This research is a descriptive type of research and secondary data and information have been used for study purpose. The study has analyzed existing business laws and provisions, their applicability and deficiencies in reducing online business frauds and dangers. This study finds that there is no committed code or law establishing consumer rights in online businesses. The current laws have not been changed in such a way that online business matters can be handled properly. The study concludes that the legislature may amend existing laws and provisions and also they may consider some foreign countries provisions for taking actions against the fraudulent e-commerce as well as online business organizations. The outcomes of the present study obviously indicate that the risks of online business frauds directly affect consumer behavior when shopping online. Therefore, reducing these risks through undertaking just and proper laws and provisions can increase the trust of the online shopping consumers.]]>
<![CDATA[The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws ]]>
<![CDATA[Fahri Bachmid]]>;
<![CDATA[Diani Indah Rachmitasari]]>
<![CDATA[ LAW REFORM Vol 18, No 2 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v18i2.46275
<![CDATA[The debate about the authority of the Supreme Court to examine the Statutes and bylaws of Political Parties against the Law has become a problem in the practice of law in Indonesia. This study aims to analyze the nature of the Supreme Court's authority to examine the Statutes and bylaws of political parties against the law. This research is a normative legal research. The data collection technique used in this research is literature study. The analytical technique used in this research is hermeneutic analysis method and interpretation. The results of this study indicate that political parties as public legal entities are present in all aspects of government and have an important contribution in determining the direction of constitutional development in Indonesia. Ratification of the Articles of association and by-laws of Political Parties based on a Ministerial Decree and announced in the State Gazette of the Republic of Indonesia. In this case, the Statutes and bylaws of a political party are statutory regulations under laws and Ministerial Decrees. The Supreme Court must carry out its supervisory function, including testing the Statutes and bylaws of political parties that are in conflict with the Law on Political Parties. This study concludes that the Supreme Court exercises broad powers as judge made law, especially in dealing with complex cases, such as the Statutes and bylaws issues of political parties.]]>
