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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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Avoiding Misunderstandings About the Emergence and Position of Grundnorm as a Source of Law Samekto, F.X. Adji; Fatharani, Yasyifa
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.v21i1.61875

Abstract

Immanuel Kant's teachings on the stages of human knowledge development regarding the universe became the foundation for Hans Kelsen's renowned legal theory, namely Grundnorm. According to Kelsen, Grundnorm exists at the rational-practical stage of each individual, is a priori, and has never been formalized through a constitutional process. However, law students often have a simplistic understanding of Grundnorm, particularly in constitutional law studies.The discussion below falls within the scope of legal positivism, employing a juridical-philosophical approach. Grundnorm is frequently reduced to a mere issue of consistency, where lower regulations must not contradict higher regulations. No further explanation is provided, apart from the assertion that a legal regulation is effective only if consistency between lower and higher rules is maintained. This oversimplified explanation can be misleading, as it fails to convey the essence of Grundnorm theory to law students. Based on this analysis, it can be concluded that, according to Hans Kelsen’s teachings, Grundnorm is the highest source of legal norms, accepted as a necessity by individuals through their free will. Grundnorm, as an imperative-categorical basic norm, can be transformed into legal principles if it has been widely accepted by society.
Patents at the Crossroads: Legal Pathways for Advancing Technology Transfer in Indonesia Sujatmiko, Agung; Romadhona, Mochamad Kevin; Saraswati, Yuniar Rizky
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.v21i1.64666

Abstract

Indonesia needs technology for industrial infrastructure, but it is still controlled by developed countries. Patent licensing agreements can help facilitate this process. However, Indonesia's patent registrations are slow due to a lack of regulations and internal factors.This study aims to analyze the role of patent licensing in transferring technology from developed to developing countries. Patent license agreements play a crucial role as a mechanism for technological development. Therefore, it is essential to find solutions to ensure an effective transfer of technology.This research employs a statutory and conceptual approach. The analysis follows a deductive method by examining general laws and regulations before drawing conclusions.The results show that several regulations related to technology transfer serve as the main reference for understanding why technology transfer is difficult to achieve and identifying its underlying causes. Once these causes are identified, appropriate solutions can be proposed. The lack of regulations in Indonesia’s legal framework for technology transfer hinders its full potential. In conclusion, Indonesia's technology transfer laws have not been effective due to the absence of clear implementation guidelines and strict penalties. Therefore, a specific law regulating technology transfer is needed, emphasizing its importance and benefits while ensuring a strong commitment from all relevant parties.
The Potential Misuse of Artificial Intelligence Technology Systems in Banking Fraud Hijriani, Hijriani -; Nur, Muhammad Nadzirin Anshari; Sahyunu, Sahyunu; Kassymova, Gulzhaina K.
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.v21i1.65881

Abstract

The use of Artificial Intelligence (AI) in the banking sector can enhance the effectiveness and efficiency of banking services. However, it also carries the risk of misuse by irresponsible parties, potentially leading to significant financial losses. This research aims to identify and analyze the potential misuse of AI in banking systems and provide recommendations for risk mitigation.This study employs a normative juridical research method, incorporating case studies and legislative analysis. The findings reveal vulnerabilities in AI algorithm security within the banking sector and demonstrate that AI implementation can be exploited for fraudulent activities. These findings underscore the need for updates to procedural laws, particularly concerning the evidence system, to establish clear criminal liability for legal entities or individuals.The study concludes that regulatory adjustments related to the evidence system and the implementation of banking principles are essential to minimizing the risks of AI-based fraud.
Assessment of Political Principles in the Constitution of Oman from International Law Perspectives Al Aghbari, Fahad; Hassan, Muhamad Sayuti; Musa, Nurhafilah
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.v21i1.61436

Abstract

The Constitution of the Sultanate of Oman incorporates several political principles that guide the state’s policy in international relations, including non-interference in internal affairs, adherence to international treaties, and observance of customary international law. The significance of this research lies in assessing the compatibility of these constitutional principles with international law. This study adopts a descriptive-analytical approach to examine these principles. Additionally, it compares the application of international law by various states and the rulings issued by international judicial bodies.The primary objective of this paper is to evaluate the extent to which the political principles enshrined in the Omani Constitution align with the principles of public international law, while also identifying the challenges associated with their domestic implementation. The findings indicate that these principles have played a crucial role in enhancing Oman’s international reputation and fostering positive relations with various countries and international organizations.Finally, this paper presents several recommendations to address the challenges related to the application of these principles. The study concludes that Oman’s adherence to these principles has facilitated the effective implementation of international law. However, it also highlights the need to address specific challenges concerning the application of international treaties and conventions.
Benefits and Costs of Legal Policy for the Food Estate Program in Indonesia Redi, Ahmad; Mizuno, Kosuke
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.v21i1.62903

Abstract

To ensure food availability across Indonesia and mitigate potential food crises, the government introduced the Food Estate program under Presidential Regulation No. 109 of 2020. This initiative aims to strengthen national food security through the effective management of food reserves. This study analyzes the legal aspects of the Food Estate concept in Indonesia using a normative juridical approach, which includes a literature review, analysis of relevant laws and regulations, and an examination of legal cases related to the Food Estate program.The findings indicate that the legal framework governing the Food Estate program has undergone several revisions, beginning with Minister of Environment and Forestry Regulation No. 24 of 2020 and later amended by Minister of Environment and Forestry Regulation No. 7 of 2021. The Food Estate program presents both benefits and challenges. While it enhances food security, attracts investment, and increases farmers’ incomes, it also poses risks such as land conflicts, environmental degradation, deforestation, and shifts in agricultural practices that may threaten food sovereignty. Additionally, concerns arise regarding land conversion and the potential for price manipulation by financial stakeholders.
Perspective of State Sovereignty in Law Enforcement Related to Cyberlaw Jurisdiction Irawan, Benny; Mulyanti, Dewi; Budiaman, Hendi; Rahman, Yogi Muhammad; Taufiqurrohman, Asari
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.v21i1.68760

Abstract

Digital development brings both positive and negative impacts. One of the negative consequences of this transformation is the increasing prevalence of criminal activities in the digital realm. This study aims to examine criminal regulatory policies related to cybercrime in Indonesia, particularly those that pose a threat to national sovereignty. The research method employed is normative juridical, using secondary data sources.The findings indicate that criminal law, as a branch of legal science, bears the responsibility of adapting to societal changes—especially in safeguarding citizens, as this is closely linked to state sovereignty. Cybercrime has emerged as a widely discussed issue in both academic and non-academic contexts. These crimes disrupt the security of individuals and threaten national sovereignty, as seen in incidents such as the hijacking of Indonesian citizens’ personal data.The study concludes that more technical regulations are required for addressing cybercrimes committed beyond the territory of the Unitary State of the Republic of Indonesia. One proposed solution is the adoption of a “police-to-police” cooperation framework. This approach is expected to serve as an alternative for the government to respond more effectively to such issues, thereby facilitating the development of laws that are both efficient and effective
Regulation of Halal Labeling on Indonesian MSME Food Products Based on Positive Law Masriani, Yulies Tiena; Maruf, Maruf; Noor, Afif
LAW REFORM Vol 21, No 2 (2025): Law Reform
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.v21i2.66716

Abstract

Halal food has become an increasingly important concept over the past decade, driven by growing consumer awareness of the significance of halal products that comply with national positive law. However, challenges such as the high cost of halal certification and limited understanding of halal labeling remain major obstacles, particularly for micro, small, and medium-sized enterprises (MSMEs). This study aims to examine the regulation of halal labeling and its implications for consumer protection and the development of MSMEs in Indonesia. The research method employed is normative juridical, utilizing legal sources including laws and regulations. The findings indicate that Indonesia, as the country with the largest Muslim population in the world, represents a significant market for halal products. Halal labeling, as regulated by Law Number 33 of 2014 concerning Halal Product Assurance, plays a crucial role in ensuring the halal status of products for Muslim consumers. The study concludes that halal certification not only provides essential consumer protection but also opens broader access to global markets. Therefore, the government, through certification bodies such as BPJPH and MUI, plays a pivotal role in ensuring product halalness and promoting the growth of the halal industry in Indonesia.
Progressive Legal Approaches of the Constitutional Justice Reasoning on Judicial Review Cases: Challenges or Opportunities? Wijayanti, Septi Nur; ALW, Lita Tyesta; Lailam, Tanto; Iswandi, Kelik
LAW REFORM Vol 21, No 2 (2025): Law Reform
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.v21i2.66334

Abstract

The Constitutional Court often uses a positive legal approach, and some of the decisions it produces do not contain substantive justice. In its development, the Constitutional Court began to face a new paradigm as an institution for interpreting the constitution and began to use a progressive legal approach. This study aims to examine the application of a positivist legal approach and the urgency of using the progressive legal approach in the law review process. This research is normative legal research. Based on the results of this research, the Indonesian legal system is designed to accommodate human interests and needs through progressive legislation. The Constitutional Court, through a progressive legal approach, can issue decisions that fulfill substantive justice. This research is used in several cases, such as the heart article decision, ultra petite, and open legal policy. It can be concluded that through a progressive legal approach, it is a challenge for judges to guard the constitution through judicial review and an opportunity to prove that the Constitutional Court is an institution that prioritizes the constitutional rights of the people. In addition, the Constitutional Court can restore its spirit as the guardian of the constitution and democracy.
Comparative Legal Analysis of the Resolution of Physical Violence Crimes Against Women in Indonesia and Malaysia Sopacua, Margie Gladies; Taufik, Iqbal; Ablamskyi, Serhii
LAW REFORM Vol 21, No 2 (2025): Law Reform
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.v21i2.65211

Abstract

The incidence of criminal acts of violence against women, or gender-based violence, in both Indonesia and Malaysia has shown an upward trend. This study aims to conduct a comparative legal analysis of the resolution mechanisms for physical violence against women in the two countries. The research employs a doctrinal legal method.The findings indicate that in Indonesia, the resolution of physical violence against women involves both penal and non-penal approaches. Domestic violence cases are addressed through multiple strategies, including preemptive, preventive, and curative measures. In Malaysia, the resolution of domestic violence cases includes the issuance of Interim Protection Orders (IPO) and Protection Orders (PO) by the courts, which are accompanied by access to shelters, counseling services, legal advice, guidance, and referrals to relevant institutions.The study concludes that both Indonesia and Malaysia share common objectives in preventing and eradicating domestic violence. However, their approaches differ due to the distinct legal systems each country follows. Malaysia adheres to the Anglo-Saxon common law system, whereas Indonesia follows the Civil Law tradition.
The Strategy of Institutional Collaboration to Expedite The Recognition of Customary Law Communities Through Land Registration in Aceh Besar, Indonesia Sulaiman, Sulaiman; Abdullah, Muhammad Adli; Wulandari, Mitra; Mansur, Teuku Muttaqin; Sautunnida, Lia
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.v21i1.64760

Abstract

The recognition of Indigenous Law Communities (Masyarakat Hukum Adat/MHA) involves a complex and multi-layered process. This article aims to analyze strategies for accelerating the recognition of MHA through the registration of customary land in Aceh Besar Regency. This research employs a qualitative methodology, with primary data obtained through fieldwork, preceded by a customary land survey, and complemented by legal materials. The analysis was conducted using a qualitative approach.The findings indicate that customary land continues to exist in Aceh Besar, covering an area of approximately 4,593.78 hectares, according to the survey. While this land holds potential for registration, the formal verification process remains challenging. The registration of such lands must be carried out at the Land Office—a regional branch of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN)—and requires the official designation of legal subjects by the Aceh Besar Regency Government.The study further emphasizes the intricacies of recognizing MHA, which require verification of both the subject (i.e., the community’s legal status as MHA) and the object (i.e., the land claimed). One viable strategy to accelerate the recognition process is through institutional collaboration—integrating the object recognition process under the Land Office with the subject designation process handled by the regency government. This approach can be facilitated by forming a joint working structure based on submitted applications. Such a collaborative framework would improve communication and streamline policy decisions, enabling more efficient and effective recognition of both the MHA and the registration of their customary land.

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