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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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Digital Government Post-Reform in Indonesia: Normative Developments and Implementation by State Organizing Institutions Setyawan, Yhannu; Erliyana, Anna; Makarim, Edmon; Sjarif, Fitriani Ahlan; Dewi, Lia Riesta; Sukma, Ahmad Novindri Aji
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.v21i1.68556

Abstract

Digital development has had a positive impact on public services; however, it has also introduced various legal challenges. This study aims to examine the direction of policy, legal preparedness in Indonesia, and the participatory role of Indonesian society in the digital sphere, particularly in relation to the development and implementation of Digital Government in Indonesia since the post-1998 reform era. This research employs a normative legal methodology, focusing primarily on secondary legal sources.The analysis reveals that the implementation of Digital Government in Indonesia following the reform period remains hindered by sectoral egos, leading to a lack of integration among state institutions in enhancing public services through the Digital Government framework. The study concludes that there is an urgent need for the establishment of a dedicated law on Digital Government, as well as the creation of a specialized state institution responsible for regulating, implementing, and evaluating Digital Government initiatives in Indonesia. Such measures are essential to ensure that public services are delivered in an efficient, accountable, transparent, fast, accessible, and cost-effective manner.
The Role of Indonesia as a Presidency for ASEAN and Blue Economy’s driver: SDG’s Issues and Legal Perspective Saraswati, Retno; Hananto, Pulung Widhi; Prananda, Rahandy Rizki; Mahramhafiz, Muhammad; Pennesi, Lorenzo
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.v21i1.67157

Abstract

The blue economy is an emerging concept that emphasizes the protection of marine life and ecosystems while promoting economic growth through the sustainable utilization of ocean resources. This principle is gaining increasing traction among ASEAN member states. Strategically positioned geographically, these nations possess significant potential to leverage their marine resources. However, disparities in technological capabilities and human resources continue to hinder the optimal utilization of these resources across the region.This paper identifies and analyzes the challenges and opportunities faced by ASEAN member states in implementing the blue economy within their respective territories and across the region. It also offers a new and in-depth perspective by examining Indonesia’s pivotal role during its ASEAN Chairmanship in advancing the blue economy agenda. Indonesia’s efforts go beyond merely emphasizing the importance of the blue economy; they also include strategic initiatives to promote cooperation, knowledge sharing, and the development of robust legal frameworks within ASEAN to foster sustainable marine governance and resource management.Indonesia’s leadership presents a unique opportunity to address critical issues and to catalyze the expansion of the blue economy in Southeast Asia, ensuring sustainable development and a balanced approach to the utilization of marine resources
Quo Vadis Energy Legal Policy towards Equitable and Sustainable Development in Indonesia Kartika, I Gusti Ayu Putri; Astarini, Ida Ayu; Yasa, Putu Gede Arya Sumerta; Hermanto, Bagus; Kriviņš, Anatolijs
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.v21i2.66743

Abstract

Indonesia’s energy sector continues to face persistent challenges in the context of rapid economic growth, increasing energy demand, and mounting environmental concerns. Despite the constitutional mandate requiring the state to ensure equitable access to energy and sustainability, existing regulatory frameworks frequently fall short of achieving these objectives. This research aims to examine the legal and policy frameworks governing the energy sector in Indonesia, where energy serves as a critical component of economic development and public welfare.The urgency of this study lies in addressing the disconnect between the normative ideals (das Sollen) of equitable and sustainable energy governance and their actual implementation (das Sein) in current policy practices. The research employs a normative legal method, relying on a literature review of both primary and secondary legal sources, coupled with conceptual and statutory interpretation.The findings indicate that current policies often fail to ensure equitable distribution, meaningful public participation, and adequate environmental protection. Accordingly, legal reforms are necessary to advance justice in energy access and to establish enforceable emission limits and environmental standards. The conclusion drawn from this study underscores the importance of bridging the gap between normative aspirations and practical realities in order to achieve inclusive, sustainable, and just energy governance.
Legal Reform of Wastewater Management under the Job Creation Law in Kendari City: Between Regulatory Conflict and Environmental Ethics Maskun, Maskun; Halim, Hamzah; Mukhlis, Muhammad Mutawalli; Kamaruddin, Hanim; Ratnawati, Ratnawati; Aslan, Jamal; Muchtasar, Rizal; Kapugu, Betsy Anggreni; Allo, Zet Tadung
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.v21i2.68417

Abstract

Prior to the implementation of the Job Creation Law, wastewater management in Indonesia was governed by the granting of liquid waste management permits. Nevertheless, the implementation of the new law has supplanted these licenses with a technical approval system that mandates adherence to wastewater quality requirements. This study aims to examine the current legal framework governing wastewater management in Indonesia and assess its execution under the Job Creation Law, with a focus on environmental sustainability. The employed methodology is a normative and empirical legal research strategy, utilizing qualitative analysis via document examination and field observation in Kendari City. The findings suggest that the new legislation encounters implementation difficulties, particularly in overseeing wastewater from home and small-scale enterprises, such as laundry services, which are predominantly unregulated. The conclusion is that the existing legal framework has not adequately integrated principles of environmental ethics, including anthropocentrism and ecocentrism. Consequently, legal reform and the establishment of ethical principles are essential to guarantee environmental preservation and foster the sustainability of ecological functions.
Immigration Intelligence and Counterterrorism Strategies in Indonesia Heniarti, Dini Dewi; Fernando, Zico Junius; Kusumah, Fardana
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.v21i2.69425

Abstract

The background of this study is the increasing volume of international human mobility, which presents serious challenges for Indonesia’s immigration system in preventing terrorism and maintaining state security. The Directorate General of Immigration struggles with outdated infrastructure, limited technological support, and insufficient human resource capabilities, all of which hinder effective immigration checks and the identification of high-risk individuals. Terrorists have exploited loopholes in Indonesia’s immigration system to enter or flee the country. The purpose of this research is to investigate whether the immigration intelligence approach can serve as an effective and comprehensive strategy for combating terrorism in Indonesia. The method employed in this study is qualitative, involving library research that analyses secondary sources, including legislation, case studies (e.g., the 2016 Sarinah attack and the 2018 Surabaya bombing), government reports, and scholarly literature. The results obtained indicate that immigration intelligence through mechanisms such as risk profiling, early detection, inter-agency collaboration, and technological integration plays a crucial role in identifying and preventing terrorist threats before they occur. Conclusions that can be drawn from this study are that immigration intelligence offers significant preventive advantages but requires strengthened infrastructure, improved coordination among institutions, and international cooperation to be fully effective in Indonesia’s counterterrorism efforts.
Vernacularization of Sustainable Development Goals (SDGs): Diffusing Global Values in Indonesia’s Village Government Tisnanta, HS.,; Putri, Ria Wierma; Khanza, Yuga Narazua; Pereira, Lenilde; Priyono, FX Joko
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.v21i2.61705

Abstract

This article explores how Indonesia’s village governments interpret and implement the Sustainable Development Goals (SDGs) through the process of vernacularization. Given Indonesia’s more than 81,000 villages, each with unique socio-cultural characteristics, localizing global norms is both a legal and practical challenge. The urgency lies in aligning global development frameworks with traditional village governance while maintaining local identities. This study aims to assess the implementation of Village SDGs and to evaluate vernacularization as a mechanism for translating global norms into culturally resonant practices at the grassroots level. Using a normative juridical method, this research analyzes legal documents, policy frameworks, and academic literature to identify patterns in SDG localization. Qualitative doctrinal analysis and thematic content review are applied to trace how global values are reinterpreted through local institutions and practices. Findings indicate that the 17 SDGs, along with Indonesia’s additional Goal 18 on adaptive village culture, align with existing local norms but require contextual adaptation. This is achieved through a three step vernacularization model involving translation, the role of vernacularizers, and framing, all grounded in a human rights based approach. The study concludes that vernacularization is essential to ensuring inclusive, culturally grounded, and sustainable implementation of the SDGs, reinforcing both universal values and local autonomy.
Evaluating the Election Law in Indonesia for Strengthening Democracy and Ensuring Honest and Fair Elections Huda, Uu Nurul; Arifin, Firdaus; Susanto, Anthon F; Abdullah, Mohd Kamarulnizam
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.v21i2.66848

Abstract

Indonesia’s electoral law established the framework to uphold democracy through free and fair elections. However, its implementation faces structural and procedural weaknesses that undermine effectiveness and public trust. This study employs a legal approach to examine these weaknesses, problems, and propose corresponding reforms. Key issues include overlapping authority among the General Elections Commission, the Election Supervisory Agency, and the Election Organizer Ethics Council; weak campaign oversight due to limited resources; unclear legal definitions; lenient sanctions for violations; and challenges in enforcing strict reporting deadlines. Additionally, systemic problems such as the open-list proportional system and the presidential threshold restrict political competition and foster transactional politics. To address these, the study recommends legal and institutional reforms: clarifying institutional roles, enhancing inter-agency coordination, strengthening campaign finance regulation with digital transparency systems, and improving enforcement mechanisms and sanctions. Further, revising the electoral system and threshold requirements, alongside introducing merit-based recruitment and whistleblower protections, are proposed to ensure inclusiveness, accountability, and democratic integrity. These measures aim to create a transparent, fair, and credible electoral process that reinforces democratic principles in Indonesia.
Public Participation in Social Impact Assessment: Comparative Human Rights Legal Approaches in Malaysia and Indonesia Suaree, Nur Atheefa Sufeena M; Uz Zaman, Muhamad Nafi
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.v21i2.69408

Abstract

The Social Impact Assessment (SIA) is a widely used tool, including in Malaysia and Indonesia, for determining the potential positive or negative impacts of development projects in areas close to communities. The main goal of an SIA is to mitigate negative impacts and protect affected communities. Public participation is a key element of the SIA process and is strictly adhered to as a means of protecting human rights. Through doctrinal research utilising a qualitative methodology and comparative analysis of library resources, this paper aims to examine the implementation of human rights within the public participation mechanisms of these two countries. This fundamental right enables the public, particularly those affected, to contribute to the decision-making process. Both Malaysia and Indonesia share this objective, aligning with global efforts to uphold human rights in development contexts. However, in terms of SIA institutions and procedures, the two countries have distinct mechanisms. It can be concluded that both Indonesia and Malaysia have structured public participation as a multi-stage process within the SIA framework, albeit sometimes merely as a procedural formality. To uphold the dignity of affected communities, this paper recommends that Malaysia and Indonesia must move beyond procedural compliance and embrace genuine, rights-based engagement at every stage of development planning.
Legal Protection Model for Superior Village Products Based on Digital Transformation and the Role of Village-Owned Enterprise (BUMDes) Anisariza, Nelly Ulfah; Purwaningsih, Endang; Basrowi, Basrowi; Ventayen, Randy Joy Magno
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.v21i2.66142

Abstract

This research addresses the digital divide between urban and rural areas in Indonesia by examining the digital transformation of superior village products through branding and strengthening Village-Owned Enterprises (BUMDes) in Kadumaneuh Village, Pandeglang. Despite existing legal frameworks, village-level digital implementation remains suboptimal, with only 30% of villages having adequate internet access and 40% of BUMDes using digital technology. The study aims to develop an integrated digital transformation model tailored to Indonesian villages' needs, focusing on product branding and BUMDes strengthening. Using a normative-empirical approach, the research combines literary and field studies with statutory and sociological approaches. Data collection involved literature review, interviews, and questionnaires. Results reveal a significant gap in understanding and implementing digital transformation and branding among micro-enterprises. The study proposes a holistic model integrating digital infrastructure development, product digitalization, branding, legal protection, literacy enhancement, economic empowerment, and multi-stakeholder collaboration. The research concludes that optimizing BUMDes' role in digital transformation requires comprehensive strategies, including capacity building, policy development, and strategic partnerships. The proposed model offers a framework to address technological, legal, and economic challenges faced by village enterprises in the digital era. 
Proof of Element of Unlawfulness Acts in The National Criminal Code Andre, Gusti Muhammad; Arief, Barda Nawawi; Sularto, RB; Azizah, Faiqah Nur; Nabela, Nadia
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.v21i2.67253

Abstract

In criminal law, unlawful acts are one of the elements of a crime. Logically, in addition to the acts formulated in the law, the unlawful act must also be proven. If an unlawful act is not proven, then an act cannot be considered a crime. However, the elements of unlawful acts regulated in the old Criminal Code differ from those in the National Criminal Code. This article aims to analyse the law of evidence in relation to unlawful acts in the National Criminal Code, in order to establish the truth of the matter. The research method used is the normative juridical method with a literature study analysis. Proving the essence of formal (written) law in the law of evidence is very easy; however, proving the essence of material law is more difficult, as it requires the judge to explore the sense of legal justice that exists in society. In criminal law, proof of unlawful acts is based on the postulate in criminalibus probantiones bedent esse lucis clariores, which states that in criminal cases, evidence must be clearer than light.

Page 34 of 35 | Total Record : 341

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