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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 354 Documents
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Justice in the Balance: Activating Legislative-Reality Harmony to Ensure Fair Judicial Rulings Between Sharia And Modern Legal Systems Chami, Yassine; Elsharef, Mohamed Elmadni; Qutieshat, Enas
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.70786

Abstract

Achieving judicial fairness requires harmonizing legal texts with evolving societal realities. This research aims to explore the factors that enhance the fairness of judicial rulings by analyzing the interplay between abstract legal texts and practical reality. The method used involves a comparative analytical approach between modern legal systems and Islamic Sharia, supplemented by a review of judicial precedents. The results obtained indicate that legislative coherence and judicial discretion are critical for aligning rulings with justice objectives. Specifically, the study finds that rigid procedural adherence often undermines equity, whereas flexible interpretation grounded in contextual circumstances enhances fairness. Conclusions that can be drawn emphasize the necessity of developing legislative mechanisms that balance stability with equity, alongside promoting judicial transparency.
Reconstructing The Role of Confiscation and Seizure in Realizing The Right to Restitution for Victims of Criminal Acts Ubwarin, Erwin; Nelson, Febby Mutiara; Jatna, R Narendra; Soplantila, Valentino Dinatra
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.73378

Abstract

The National Criminal Code (KUHP) and Law No.20 of 2025 concerning the Criminal Procedure Code (KUHAP) have strengthened the recognition of victims’ rights, particularly with regard to restitution as an additional punishment. In practice, however, restitution has not been implemented optimally, resulting in many victims failing to obtain adequate compensation. The aims of this study are: 1) to identify and analyse the role of conventional seizure as evidence, and 2) to analyse and formulate the role of modern seizure as an instrument for restoring victims’ rights. Employing a doctrinal approach, this research produces descriptive legal analysis and prescriptive recommendations by formulating an expanded concept of seizure. The findings indicate that both the KUHP and the KUHAP regulate restitution as a victim’s right to material and immaterial compensation and recognise seizure as a legal instrument. However, there is no explicit regulation linking seizure directly to the fulfilment of restitution. Consequently, restitution remains difficult to enforce when perpetrators lack assets or refuse to comply. The study concludes that the concept of seizure must be expanded to include the broader seizure of perpetrators’ assets and the possibility of state-funded compensation to ensure that victims’ restitution rights are realised effectively, fairly and enforceably.
Traditional Medicine Knowledge as Communal Intellectual Property in Aceh: How to Protect It and the Role of Women Yulia, Yulia; Jamaluddin, Jamaluddin; Oloko, Temitope O.; Mammadova, Aydan
LAW REFORM Vol 22, No 2 (2026)
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.v22i2.63289

Abstract

Traditional medicinal knowledge is part of traditional knowledge and is also recognized as communal intellectual property, as stipulated in Article 18B paragraph (2) of the Indonesian Constitution concerning the traditional rights of communities, and Article 28I paragraph (3) of the Constitution regarding respect for cultural identity and the rights of traditional communities.This study aims to analyze the protection of traditional medicinal knowledge as communal intellectual property in Aceh and the role of women in managing traditional medicinal knowledge in Aceh. This research employs a qualitative method with an empirical legal approach, using both primary and secondary data. Primary data were collected through structured interviews with respondents and informants.The findings indicate that there is currently no protection for traditional medicinal knowledge as communal intellectual property (CIP) in Aceh, as it has not yet been documented or recorded. The Acehnese community preserves traditional medicinal knowledge orally, passing it down to the next generation within their families particularly among women who manage herbal recipes making this knowledge highly vulnerable to loss and difficult to protect from biopiracy. Women hold a strategic role as managers, inheritors, and innovators in the development of traditional medicinal knowledge, whether through family healing practices, customary rituals, or community-based treatments.
Balancing International Legal Obligations, Human Rights, and National Interests: Indonesia’s Response to Rohingya Refugees in Aceh Asphianto, Aan; Jaya, Belardo Prasetya Mega; Wicaksono, Agung Satrio; Ashady, Suheflihusnaini; Weku, Robert Lengkong; Anggita, Dila; Risyawan, Alief
LAW REFORM Vol 22, No 1 (2026)
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.v22i1.73197

Abstract

The principle of non-refoulement in international law obliges states to refrain from returning refugees to places where they face persecution. Indonesia, as a state that upholds human rights, has applied this principle in receiving Rohingya refugees who are displaced from their country of origin. Nevertheless, its implementation encounters tensions between international obligations, national interests, and human rights considerations. This study aims to examine how international law influences Indonesia’s response to the Rohingya refugee situation and to analyze the government’s stance in balancing these competing interests. A mixed-method approach is employed, combining empirical research through focus group discussions and interviews with normative analysis of primary and secondary legal materials. The findings indicate that, despite not ratifying the 1951 Refugee Convention, Indonesia continues to adhere to the non-refoulement principle. However, regulatory improvements are necessary, particularly regarding Presidential Regulation No. 125 of 2016, to ensure fulfillment of refugees’ basic rights and adequate financial support, especially in Aceh. In conclusion, Indonesia must adopt prudent legal reforms to strengthen legal certainty, protect refugee rights, and balance international, national, and humanitarian interests effectively. Such measures will also enhance coordination among institutions, improve policy implementation, and promote sustainable humanitarian governance in addressing future refugee challenges comprehensively nationwide.

Page 36 of 36 | Total Record : 354

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