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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 341 Documents
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Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code) Musa, M.; Zulhuda, Sonny; Endri, Endri; Susanti, Heni; Rinaldi, Kasmanto
LAW REFORM Vol 20, No 1 (2024)
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.v20i1.52851

Abstract

The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence.
Environmental Damage: Community Lawsuit Against The Government Over Industrial Business Licenses Amiq, Bachrul; Borman, M. Syahrul; Taufik, Moh; Aranggraeni, Renda; Astuti, Pudji; Aimim-Tham, Sukanya; Aminah, Aminah
LAW REFORM Vol 20, No 1 (2024)
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.v20i1.61176

Abstract

Legal policies causing environmental damage raise questions about legal standing to file lawsuits with the State Administrative Court and its authority over business license disputes. This study examines the challenges and opportunities in implementing the authority of the state administrative court as a form of law enforcement on business licenses that impact environmental damage. This study uses the qualitative method NVivo12 Plus 12 by analyzing legal rules, journals, and online print media such as detik.com and kompas.com. The research focuses on the approach of laws and regulations related to the environment and case studies based on Supreme Court decisions. The Administrative Court plays a role in receiving claims against government actions that harm citizens. One of them is the authority to adjudicate disputes over government actions related to environmental disputes. Community participation is essential to create a healthy environment and is used not only as a means to an end but also as an end. The right to a healthy climate encompasses the right to receive environmental information, participate in decision-making, and review challenging public decisions within the scope of access to justice.
Implications Of Illegal Community Mining For Economic Development In Bangka Regency, Indonesia Rahayu, Derita Prapti; Rahayu, Sri; Faisal, Faisal; Wulandari, Cahya; Hassan, Muhamad Sayuti
LAW REFORM Vol 19, No 2 (2023)
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.v19i2.52866

Abstract

The Kepulauan Bangka Belitung Province, Indonesia, is renowned for its extensive history of tin mining, a pivotal component of the local economy. Notably, this mining encompasses operations conducted by both corporate entities and individual community members, shaping the region's socio-economic landscape. This research seeks to investigate the multifaceted implications of community-led tin mining activities in Bangka Belitung. Employing a qualitative and socio-legal approach, the study underscores its significance in the acquisition of high-quality data derived from site visits, comprehensive surveys, and interviews with the diverse local community, encompassing various subsistence groups and socio-economic backgrounds. Our findings indicate that individual community mining activities have indeed contributed positively to the economic growth of the Kepulauan Bangka Belitung Province, particularly in the Bangka Regency. However, they also manifest negative repercussions in terms of illegal mining, which adversely affects state revenue due to unregistered taxpayers. Furthermore, these activities hinder human resource development and highlight a deficiency in the supervision of reclamation efforts undertaken by artisanal mining operators. Therefore, the study emphasizes the imperative for government intervention, focusing on community mining permits to enforce reclamation regulations and ensure sustainable, responsible mining practices.
Discretion of Government Officials Detrimental to State Finances: The Intersection Between Administrative Illegality and Criminal Illegality Rahman, Wahbi; Sudarsono, Sudarsono; Djatmika, Prija; Madjid, Abdul; Rehulina, Rehulina
LAW REFORM Vol 20, No 2 (2024)
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.v20i2.64129

Abstract

The regulation of the criminal accountability system for discretion that causes state losses is governed by Law Number 31 of 1999, as amended by Law Number 20 of 2001 on the Eradication of Corruption. This law includes the element of "abusing authority, opportunity, or means available due to one's position or rank that may cause state financial losses," which can lead to criminal punishment. Additionally, Law Number 30 of 2014 on Government Administration also regulates the imposition of administrative sanctions. The purpose of this research is to analyze the priority mechanism when there is an overlap between administrative and criminal illegality in cases of discretion by government officials that result in state financial losses. This research employs a normative legal method. The findings suggest that, according to current legislation, when a case involves overlapping issues between the Corruption Law and the Government Administration Law, priority should be given to administrative measures based on the Government Administration Law. This approach is aimed at improving orderly government administration and preventing abuse of authority.
The Dynamics of Government Fiscal Policy Post COVID-19 Pandemic in Indonesia (Legal Analysis of Government Regulation instead of Law Number 1 Year 2020) Giri, Ni Putu Niti Suari; Yusa, I Gede; Sumerthayasa, Putu Gede Arya; Kelly, Danial; Ivory, Jared
LAW REFORM Vol 20, No 1 (2024)
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.v20i1.63339

Abstract

The COVID-19 pandemic had a significant impact on various countries, including Indonesia, in particular on the securing of the state budget and state financial stability in anticipation of the systemic and comprehensive impact of the pandemic. This deviation is not in line with the Indonesian constitution, welfare state principles, and even regulations based on the principles of good legislation. This article will examine three aspects of the problem: firstly, the formation of Government Regulation Number 1 of 2020 (Perppu) concerning State Financial Policy and Stability under COVID-19 countermeasures by the formation mechanism; secondly, the constitutionality issue in the drafting of Perppu; and thirdly, the legal issue of Article 27 on the immunity of officials who carry out financial policies. This paper employs a combination of normative legal research methods, including a statutory approach, a legal conceptual approach, a legal fact approach, and a relevant case law approach. The result of the research is  that Perppu is a policy in an emergency period that contains a policy of relaxation of the implementation of the APBN is constitutional. The form of deviation that appears from Perppu is that this Perppu implements financial relaxation or sets state financial policies without involving the DPR. This has been constitutionally confirmed by Article 12 of the 1945 Constitution that the government and the DPR must determine state financial policies together. Although the constitutionality of Perppu in terms of fiscal policy is not in question, the provisions of Article 27 of Perppu that are unconstitutional can be cancelled by the Constitutional Court. The legality of Perppu relating to immunity must be implemented by prioritising the principle of good faith in carrying out the duties and functions of each state financial stakeholder during the emergency period.
Incongruence in the Definition of Land Rights in National Agrarian Law: A Path to Legal Uncertainty Mahfud, Muh. Afif; Chin Chin, Sia
LAW REFORM Vol 20, No 1 (2024)
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.v20i1.49047

Abstract

Legal certainty as one of the goals of national land law will not be created when there is incongruence in the definition of land rights in regulations. This incongruity may affect the formation, implementation and interpretation of law in the agrarian sector. The aim of this article is to analyze the incongruence in the definition of land rights in regulations and the impact of this incongruence in the definition. Based on the analysis, it is concluded that there is an inconsistency in the definition of land rights in Government Regulation no. 18 of 2021 which states that the authority for land rights covering above the ground and underground space is not in line with PP (Government Regulation) No. 43 of 2021. The regulation states that the authority for land rights does not cover the space above the ground and underground space. This misalignment includes horizontal incongruity, formal incongruity and substantive incongruity. It will result in unclear meaning of land rights, loss of predictability of regulations, and affecting the formation, enforcement and interpretation of laws so that there is no clear reference for the community and law enforcers in acting. Ultimately, this will affect legal protection for the community in exercising their rights. It is recommended that the government harmonize the definition of regulatory land rights.
Legal Policy on the Use of Heir Certificates (SKAW) for Registration of Land Rights Transfers in Indonesia Silviana, Ana; Fuadi, Ariza
LAW REFORM Vol 19, No 2 (2023)
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.v19i2.52626

Abstract

One of the requirements for the process of changing names in the transfer of land rights due to inheritance is to be proven by a Certificate of Heirship (SKAW). As a result of the pluralism of the civil law system in Indonesia, land policy in processing land registration due to inheritance requires the SKAW to be made by three institutions; the SKAW made by the Village Head/ Lurah and Authentic Deed by Notary, and the SKAW from the Inheritance Property Center for each population group is different. The enactment of the Population Law has eliminated racial discrimination in population classifications, leaving only Indonesian citizens and foreigners. This article aims to understand land law policies related to the making of SKAW after the Population Law and its legal force. The approach used to analyze the problem was a doctrinal approach using secondary data through legal materials. The results of the analysis show that the Indonesia's land law policy in implementing land registration due to inheritance after the Population Law no longer requires the creation of the SKAW according to population classification. It has an impact on the legal force of each SKAW legal product made by three officials, which is a binding legal product as a condition for registering land rights due to inheritance and can be used as evidence in court trials. 
Balancing Corporate Rescue and Workers' Protection in Pandemic Crises: Lessons from Selected European Countries Santoso, Budi; Pati, Umi Khaerah
LAW REFORM Vol 20, No 2 (2024)
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.v20i2.62885

Abstract

Pandemics, one of the causes of economic crises, have led to the worst global catastrophe in a century. During the COVID-19 pandemic, numerous businesses exercised caution in financial investments and commercial activities to protect productivity and finances. As a result, these companies have progressively reorganized as a proactive strategy, often to reduce production costs and labor expenditures. This study aimed to analyze the balance of interests between corporate rescue and workers’ protection during pandemic crises within the framework of best practice regulations in selected EU countries. It also seeks to create a pandemic-preparedness model for companies and workers. The study reveals that wage subsidies (WS) can directly support workers, assess market demand, and reduce turnover due to COVID-19 or the implementation of large-scale social restrictions (PSBB). The Job Loss Security Program (JKP) in Indonesia has allowed for furloughs, providing laid-off workers with monetary benefits and training. Indonesia could consider integrating the WS and furlough systems, enabling firms and individuals to continue working with subsidies or to take temporary or full layoffs with benefits during crises.
Integrating IPR Integrity and Freedom of Expression: A Normative Analysis Budi, V. Henry Soelistyo; Girodon-Hutagalung, Matahari; Irawati, Jovita
LAW REFORM Vol 20, No 1 (2024)
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.v20i1.62089

Abstract

Algorithm as a digital innovation plays a crucial role in facilitating communication and public discourse. Its utilization is a significant issue that must be carefully analyzed to ensure it doesn’t impede key human rights, specifically the right to freedom of expression. The widespread use of digital platforms has created an urgency to examine this issue. The purpose of this study is to analyze the interaction between algorithms as digital innovations, their protection through the relevant IPR regimes, and their implications on freedom of expression. Through normative legal research methods and a statutory approach, this research finds that among various intellectual property regimes, the patent system offers the best potential for balancing the protection of algorithmic innovations with transparency. However, the analysis also reveals that current patent regulations still lack certain provisions to adequately safeguard freedom of expression in relation to patented algorithms. This research offers a proposed model of development that can be utilized to improve Indonesia’s protection of the right to freedom of expression through the patent regime, while also protecting algorithms as a key digital innovation.
Optimizing the Role of State Administrative Court Decisions in State Financial Recovery Yulius, Yulius; Utama, Yos Johan
LAW REFORM Vol 20, No 1 (2024)
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.v20i1.61779

Abstract

The government has significant authority in managing state finances, demonstrated by its ability to enact laws and to take public legal action through government decisions and actions. A number of authorities are inextricably linked to the measures taken to ensure that state finance can fund all state expenditures related to achieving development goals. This considerable power may violate citizens' rights due to the decisions or actions of the state finance manager. The community whose rights are jeopardized may file a lawsuit or petition the Administrative Court. The Administrative Court Decision must be able to synthesize public demands with the stability of the state finance to ensure that justice and legal order are fulfilled for the benefit of the state and people. This research is a normative legal research with statutory and conceptual approaches. This research concludes that the Administrative Court decision has enforced the law and harmonized and actualized the national legal system regarding state finances. It is also highly correlated with state financial stability because its value is immense and can affect the state's cash balance.

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