cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota semarang,
Jawa tengah
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
 30   31   32   33   34 
Quo Vadis Traditional Cultural Expressions Protection: Threats from Personal Intellectual Property and Artificial Intelligence Dharmawan, Ni Ketut Supasti; Kasih, Desak Putu Dewi; Samsithawrati, Putu Aras; Dwijayanthi, Putri Triari; Salain, Made Suksma Prijandhini Devi; Mahaswari, Mirah; Ustriyana, Made Grazia; Moisa, Robert Vaisile
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.v19i2.58639

Abstract

Legal certainty for Communal Intellectual Property protection on the inventory and record-keeping arrangements in terms of ownership proof in Indonesia, has increasingly been regulated in various regulations. However, threats are also growing. Traditional Cultural expression works are easily turned into personal video works. Along with that, such works are also vulnerable as those are easily threatened by Artificial intelligence’s ability to express works made from previous works of art such as paintings. This article aims to analyze Traditional Cultural Expressions protection which are transformed or adapted into personal works or works made by Artificial Intelligence and the measures to overcome these threats. The results show that referring to Government Regulation 56/2022, the commercial use of Traditional Cultural Expressions works both in the form of adaptation and transformation by individual humans and Artificial Intelligence is required to obtain a permit and pay attention to the distribution of benefits which will further be determined by the Minister. However, regulations on this mechanism has not been explicitly regulated. Measures to overcome threats can be made through measures to turn threats into opportunities and strengths. It is also relevant to prioritize countervailing measures, namely by following the pattern of threats as a balancing act.
Problems of Legal Implementation of the Criminal Offense of Spreading Fake News and Hate Speech in Papua Budiyanto, Budiyanto; Masum, Ahmad; Aidonojie, Paul Atagamen; Aslan, Jamal
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.v20i2.64881

Abstract

Social media users throughout the world are growing rapidly, to the point where they can cause commotion in society, in this case the state is present to overcome the commotion that occurs through a set of special regulations regarding the spread of fake news and hate speech. However, in law enforcement practices, specifically at the Papua Regional Police, there is still misleading between the limits of freedom of opinion and the offense of spreading fake news and hate speech. This research will analyze the strict limits in law enforcement regarding the criminal offense of spreading fake news and hate speech with freedom of expression in Papua. This research uses normative juridical research methods. The research results show that the problem of spreading fake news and hate speech in Indonesia has been regulated in various regulations, but its implementation still does not provide a sense of justice for victims. Judges' sentences tend to be lower than the demands, so the perpetrator's sentence is still too light. Especially related to actions that cause riots or conflict in Papua. So regarding the offense of spreading fake news and hate speech, it is important to reformulate the formulation regarding prohibited acts, criminal liability, types of punishment, and forms of legal settlement. Special minimum sentences need to be clearly regulated for criminal acts that have an impact on conflict and unrest, such as the crime of spreading fake news and hate speech.
Harmonizing the Rules: “A Socio-Legal Analysis of FIFA Stadium Safety and Security Standards and Indonesian Football Regulations – Aftermath Kanjuruhan Tragedy" Utama, Kartika Widya; Putrijanti, Aju; Sukmadewi, Yudhitiya Dyah; Apriliani, Lydia
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.v20i1.61955

Abstract

The death of over 100 Indonesian football supporters at Kanjuruhan Stadium has raised significant concerns about the legal aspects of security and safety management in Indonesian stadiums. This conceptual article conducts a comparative legal analysis between FIFA's Stadium Safety and Security Regulations and the PSSI Safety and Security Regulation 2021, exploring potential avenues for harmonization. With a focus on ensuring the safety of spectators, players, and officials, the study examines the nuanced differences and commonalities between these regulatory frameworks. By identifying areas of convergence, the article aims to contribute to a more unified approach in addressing critical aspects of stadium safety and security within Indonesian football culture, particularly regarding the presence of police officers. Through this socio-legal approach, the article seeks to stimulate discourse on necessary adjustments and reforms to align domestic regulations with FIFA standards, fostering a safe and standardized environment for football enthusiasts in Indonesia. The findings of the article indicate a shift in principles in the management of football matches within PSSI. Regulations that should serve as a reference for upholding the principles of safety and security for all parties involved in a football match have shifted towards becoming regulations designed to avoid responsibility.
Legal Issues of Artificial Intelligence – Generated Works: Challenges on Indonesian Copyright Law Mayana, Ranti Fauza; Santika, Tisni; Win, Yin Yin; Matalam, Jamil Adrian Khalil; Ramli, Ahmad M
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.v20i1.61262

Abstract

Digital transformation fosters the massive utilization of Artificial Intelligence (AI) in creating literary, artistic, and musical works worldwide, including in Indonesia. The autonomous functioning of AI challenges the essential presumption that technology is merely a device in the hands of humans in the creation process of Works. This paper examines several legal issues and problems concerning the copyright-ability, authorship, and ownership of AI-generated works using a juridical normative approach. The result of the analysis shows that although the framework of Indonesia's copyright law is based on the principle of human authorship, the rapid development of AI must be balanced with an accommodating legal framework. In conclusion, the Indonesian government can open up the possibility of accepting AI's role in the creation of the work and formulate the limited artificial legal personhood of AI by granting exclusive rights, copyright protection, moral rights, and economic rights to individuals or groups of individuals who produce AI or whose contribution is required for AI function. This formulation is expected to encourage the utilization of AI also provide legal certainty and solve the problem concerning the lack of legal accountability for AI-generated works. In addition, the advancement of technical and legal support is needed in implementing this provisioning model.
Improving Healthcare Patient Data Security: An Integrated Framework Model For Electronic Health Records From A Legal Perspective Lestari, Ahdiana Yuni; Misran, Misran; Raharjo, Trisno; Annas, Muhammad; Riskanita, Dinda; Prabandari, Adya Paramita
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.v20i2.56986

Abstract

This study aims to critically examine the legal responsibilities of healthcare facilities in Indonesia regarding the protection of patient data within Electronic Medical Records (EMR). The research employs a mixed-method approach, combining normative legal analysis with empirical data collection from healthcare facilities to assess the implementation of data protection regulations. The findings reveal significant gaps in the enforcement of Minister of Health Regulation Number 24 of 2022 and Law Number 27 of 2022 concerning Personal Data Protection, particularly in smaller clinics and independent practices. These facilities often lack the technical infrastructure and resources required to meet regulatory standards, resulting in inconsistencies in data protection and a higher incidence of data breaches. The study introduces the Integrated Security and Usability Framework for Electronic Medical Records (ISU-EMR), which combines the principles of the Confidentiality, Integrity, and Availability (CIA) Triad with Human-Computer Interaction (HCI) Theory. This framework addresses both the technical and human factors contributing to data breaches, offering a balanced solution for enhancing data protection while maintaining usability in EMR systems. The implications of this research extend to both theory and practice, providing a new model for data protection in healthcare that can be adapted to various settings.
Legal Mechanisms for Business Accountability: A Comparison of Soft and Hard Law in Indonesia Aspan, Henry; Rosli, Rozaini; Fadlan, Fadlan; Irawati, Irawati
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.v20i2.59273

Abstract

This research investigates the legal mechanisms for business accountability in the context of Corporate Social Responsibility (CSR) in Indonesia through a comparative study of soft and hard law approaches. The study aims to evaluate the effectiveness of these approaches in promoting business accountability within the Indonesian framework. The research methodology relies on secondary data analysis, including a comprehensive review of existing legal frameworks and regulations related to CSR, as well as an examination of relevant case studies and empirical data. The findings reveal that hard law, characterized by binding regulations and clear sanctions, is more effective in promoting business accountability. However, soft law plays a vital role by offering guidance and incentives for companies to adopt broader social responsibility practices. Cultural factors, the legal environment, and the roles of the government and civil society organizations influence the effectiveness of these approaches. The study highlights the importance of combining hard and soft law approaches in CSR regulation. Recommendations include strengthening monitoring and enforcement by government agencies, offering more substantial incentives, and creating a supportive legal environment. Additionally, companies should understand and respect local culture and commit to anti-corruption efforts. Collaborative efforts among the government, businesses, and civil society are essential for establishing a more sustainable and accountable business environment in Indonesia.
Regulatory Framework on Compensation for the Restoration of Victims of Sexual Violence Purwadi, Hari; Lukitasari, Diana; Mayastuti, Anti; Abd Aziz, Hartinie; Cahyaningtyas, Irma
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.v20i2.58181

Abstract

Compensation for crime victims based on  Law Number 12 of 2022 concerning Anti Sexual Violence has the potential for distortion due to the regulatory framework and the enforcement process. The article aims to examine the regulatory framework that ensures compensation as an instrument of victim restorations, whether it becomes a supplement or a substitution for restitution. Research methods using the upstream and downstream process models that emphesize regulatory design and process feasibility for payments, in which compensation has a role in victim recovery. The study result explain that compensation is formally a substitution for restitution. Compensation is not the primary goal, even though it is a state’s obligation. Law Number 12 of 2022 concerning Anti Sexual Violence thus emphasizes the use of direct restitution aimed at the recovery of victims and the rehabilitation of offenders. Compensation loses its meaning as a responsibility of the state that stands alone. Data from various decisions clarify that in cases where the offenders does not pay restitution, their property is confiscated and auctioned by the prosecutor to pay restitution. If it is insufficient, courts decide that imprisonment is a substitute and do not determine that the state has to pay compensation. 
Euthanasia In Indonesia: Laws, Human Rights, And Medical Perspectives Ohoiwutun, Y. A. Triana; Taniady, Vicko; Lutfian, Lutfian; Rachim, Kania Venisa; Putri, Natasya Aulia
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.v20i2.63813

Abstract

Euthanasia remains a contentious issue in Indonesia, where it is currently prohibited by law, creating significant challenges in balancing human rights, legal standards, and medical ethics. This research explores the legal framework, human rights considerations, and medical perspectives surrounding euthanasia in Indonesia, with a comparative analysis of practices in the Netherlands. Employing a normative legal research methodology, it utilizes legislative analysis, case studies, and comparative approaches to examine the regulatory gaps and societal implications of euthanasia in Indonesia. The findings reveal that while active euthanasia is explicitly criminalized under Indonesian law, passive euthanasia occurs discreetly within society, reflecting a legal and ethical gray area. Comparatively, the Netherlands' regulated approach provides valuable insights into balancing patient autonomy and societal ethics. This study concludes that Indonesia could benefit from legalizing passive euthanasia under stringent conditions, aligned with human rights principles and cultural values. This legalization would require robust regulatory frameworks, including judicial oversight and ethical guidelines, to ensure accountability and safeguard vulnerable groups. The findings underscore the urgency of harmonizing legal, human rights, and medical perspectives to address this complex issue while respecting Indonesia's unique socio-cultural context.
Problems of Equality in the Realisation of the Right to Association in Kazakhstan Mitskaya, Elena; Sarykulov, Kurmangaly; Roisah, Kholis
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.v20i2.65032

Abstract

The legal regulation of the constitutional right to freedom of association in Kazakhstan does not fully align with international standards. According to the European Convention on Human Rights, everyone has the right to freedom of association with others, and this right is not necessarily confined to public associations. While the Constitution of Kazakhstan recognizes the right of citizens to freedom of association, it limits this understanding to public associations. Additionally, the right to hold meetings, rallies, and demonstrations is stipulated separately. This study aims to provide a theoretical and legal analysis of Kazakhstan's legal provisions that restrict the right to freedom of association, assess whether the practical implementation of this right in Kazakhstan complies with international human rights standards, and propose measures to eliminate unlawful restrictions. The research employs both normative-legal methods and empirical analysis. The findings indicate that priority changes include amending the Constitution and laws of Kazakhstan to remove the ban on unregistered public associations and explicitly guaranteeing the constitutional right to freedom of association for all individuals, excluding political associations. In conclusion, the study proposes the elimination of unjustified legal barriers to the exercise of the right to freedom of association, which would ensure genuine adherence to this fundamental right.
The Concept of Plea Bargain in the Criminal Process System in Indonesia Haeranah, Haeranah; Mirzana, Hijrah Adhyanti; Anas, Andi Muhammad Aswin; Iskandar, Ismail; Arifin, Arnita Pratiwi; Amri, Ulil; Normiati, Normiati
LAW REFORM Vol 21, No 1 (2025)
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.v21i1.66764

Abstract

The concept of plea bargaining in Indonesia's criminal justice system still lacks a clear and definitive standard. This study aims to examine the current application of plea bargaining in the Indonesian justice system and to explore an ideal framework for its implementation in the future. The research adopts a normative juridical approach. The findings reveal that plea bargaining remains a relatively new concept in Indonesian criminal law. The existing Criminal Procedure Code does not provide regulations for plea bargaining as an alternative method for resolving criminal cases outside of court. However, the Draft Criminal Procedure Code has introduced the concept under the term "special path" in Article 199, which allows for plea bargaining between judges, public prosecutors, and legal counsel. Plea bargaining has the potential to serve as a solution to challenges in sentencing and correctional systems, ensuring the principles of swift, simple, and cost-effective justice while safeguarding the rights of the accused and enhancing their role in legal proceedings.

Page 32 of 35 | Total Record : 341

 30   31   32   33   34 

Filter by Year

2005 2025


Reset
Filter By Issues
All Issue Vol 21, No 2 (2025): Law Reform Vol 21, No 1 (2025) Vol 20, No 2 (2024) Vol 20, No 1 (2024) Vol 19, No 2 (2023) Vol 19, No 1 (2023) Vol 18, No 2 (2022) Vol 18, No 1 (2022) Vol 17, No 2 (2021) Vol 17, No 1 (2021) Vol 16, No 2 (2020) Vol 16, No 1 (2020) Vol 15, No 2 (2019) Vol 15, No 1 (2019) Vol 14, No 2 (2018) Vol 14, No 1 (2018) Vol 13, No 2 (2017) Vol 13, No 1 (2017) Vol 12, No 2 (2016) Vol 12, No 1 (2016) Vol 11, No 2 (2015) Vol 11, No 1 (2015) Vol 10, No 1 (2014) Vol 9, No 2 (2014) Vol 9, No 1 (2013) Vol 8, No 2 (2013) Vol 8, No 1 (2012) Vol 7, No 2 (2012) Vol 7, No 1 (2011) Vol 6, No 2 (2011) Vol 6, No 1 (2010) Vol 5, No 2 (2010) Vol 5, No 1 (2009) Vol 4, No 2 (2009) Vol 4, No 1 (2008) Vol 3, No 2 (2008) Vol 3, No 1 (2007) Vol 2, No 2 (2007) Vol 2, No 1 (2006) Vol 1, No 2 (2006) Vol 1, No 1 (2005) More Issue