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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 359 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; Temitope O. Oloko; Aydan Mammadova
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.
Diagnosing Electoral System Performance: A Juridical Analysis of Open-List Proportional Representation in Indonesia Fifiana Wisnaeni; Mujiono Hafidh Prasetyo; Madaskolay Viktoris Dahoklory; Jihyun Park
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.v22i2.74052

Abstract

Indonesia has used an open-list proportional representation system since the 2009 election to strengthen voter-representative linkage and internal party democratization. Yet persistent issues such as money politics, vote-buying, intra-party fragmentation, and low accountability of legislators question whether the system effectively converts voter choice into representative governance. This research diagnoses the performance of Indonesia’s open-list PR system through juridical analysis, focusing on its legal framework, implementation challenges, and compatibility with constitutional principles of popular sovereignty and fair representation. This research is normative juridical research using statutory, conceptual and case approach. The main sources are the Constitution 1945, Law No. 7/2017 on Elections and rulings of the Constitutional Court. Secondary Materials include academic literature and election reports 2009-2024. The results indicate that although the system legally broadens the choice of the voter, its effectiveness is compromised by the inadequate party institutionalisation, the loopholes in the regulation of campaign finance and the inconsistent jurisprudence of the Constitutional Court on election thresholds. It prioritizes individual popularity over party ideology, resulting in weak legislative cohesion. Conclusions that can be drawn are that the open-list system in Indonesia requires substantive reform through stricter campaign finance regulation, stronger internal party mechanisms, and a coherent constitutional interpretation to improve electoral accountability and systemic performance.
Socio-Legal Approach to the Patinyawa Custom as a Dispute Resolution Mechanism Dayak Hibun Indigenous Community Sri Ismawati; Alfonsus Hendri Soa; Syarif Hasyim Azizurrahman; Alfina Damayanti; Christoph Sperfeldt
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.v22i2.62733

Abstract

The Patinyawa custom, practised by the Dayak Hibun community in Sanggau Regency, is an example of customary law as living law. This research aims to improve our understanding of the custom's philosophical values, mechanisms and problem-solving processes, with a particular focus on reconciliation between perpetrators and victims, and the restoration of social relations. This is important because dispute resolution based on local wisdom and aligned with restorative justice remains under-explored. The analysis examines living law, legal pluralism, and restorative justice, emphasising reconciliation, ecological balance, and communal togetherness over revenge. The findings demonstrate that the Patinyawa mechanism focuses on restoring relationships and maintaining microcosmic and macrocosmic harmony, serving as a restorative approach to dispute resolution. They also demonstrate that Patinyawa represents a form of legal pluralism based on justice and legal certainty, where customary and state laws coexist in resolving disputes. In conclusion, Patinyawa is a concrete example of living law integrating restorative justice into the criminal justice system by harmonising legal certainty and justice through customary rituals and local wisdom values.
Legal Qualification of the Ferienjob Program as Human Trafficking under Indonesian Law Heni Siswanto; Aisyah Muda Cemerlang; Haidir Anam; Febryani Sabatira
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.v22i2.69250

Abstract

The Ferienjob program offers short-term employment opportunities for Indonesian students in Germany during academic breaks. However, its implementation has triggered serious issues related to manipulative recruitment, irregular placement procedures, debt bondage, and exploitative working conditions. However, legal studies examining in-depth whether the Ferienjob practice meets the elements of human trafficking (TPPO) as stipulated in Law Number 21 of 2007 are still very limited. This study aims to analyze the fulfillment of the legal elements of TPPO in the program and evaluate institutional governance during its implementation. By combining a normative juridical approach and case studies, this research utilizes primary and secondary legal materials, as well as public documents related to the Ferienjob case. The analysis focuses on three main elements of TPPO under Indonesian law: process, method, and exploitation. The study results indicate that the implementation of Ferienjob for Indonesian students has met all three elements. The process element is evident in the structured recruitment of 1,047 students from 33 universities and their placement in Germany. The method element is evident through fraud, debt bondage, and exploitation of victims' vulnerabilities. Meanwhile, elements of exploitation are reflected in harsh working conditions, wage cuts, and facts on the ground that are far from the initial promises. This research also found weak oversight and coordination between institutions in monitoring student recruitment. Based on the available evidence and the framework of Law No. 21/2007, this study concludes that the practice of Ferienjob can be legally qualified as human trafficking (TPPO). These findings expand the legal literature on human trafficking hidden within official mechanisms and emphasize the importance of tightening regulations on recruitment agencies, conducting due diligence by universities, and strengthening cross-border protection.
The Anomaly of Domesticity: Indonesian Competition Law and the Case for Extraterritoriality Hendronoto Soesabdo; Kurnia Toha; Kanaphon Chanhom; Annisa Permata Sari Harahap
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.v22i2.83817

Abstract

Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition has a significant regulatory gap due to its territorial approach which lacks the statutory support necessary for the Indonesian Competition Commission (KPPU) to address cross-border business realities. This article examines the dynamics of the KPPU’s efforts to assert jurisdiction over foreign business entities despite this lack of explicit statutory authority and argues for a necessity of aligning Indonesia’s competition framework with international standards. Utilizing a doctrinal research method, the study draws comparative insights from other Indonesian regulatory frameworks that already recognize extraterritorial reach in areas with cross-border impacts. The findings establish that as indeed, the other legal sectors in Indonesia have integrated extraterritorial principles. The competition law remains an anomaly, leaving the KPPU in an uneasy situation as it is not equipped with clear legal mandates on extraterritoriality issues. This research argues for urgent reform of Indonesia’s competition law to give it explicit extraterritorial reach. This would enable the country to address the complexities of a globalised market.
Neuro-Protective Criminal Justice: A New Paradigm For Child Criminal Responsibility And Protection Vience Ratna Multiwijaya; Setiyono Setiyono; Rini Purwaningsih; Muhamad Adystia Sunggara; Arini Azka Muthia
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.v22i2.82196

Abstract

Contemporary criminal justice systems predominantly assess child criminal responsibility through fixed age thresholds and formal legal capacity while often disregarding neuroscientific evidence concerning brain development, impulse regulation, and limited decision making capacity. This article proposes neuro protective criminal justice that integrates neuroscience, neurolaw, and child centered human rights into criminal law policy. The study aims to examine the conceptual foundation of neuro protective criminal justice, analyze child criminal liability under Indonesian law, and develop a model of neurological protection within the child criminal justice system. This research employs a normative juridical method using statutory, conceptual, and comparative approach. The analysis demonstrates that age based responsibility doesn’t adequately reflect children’s vulnerability to social and structural influences. It argues for a framework that prioritizes rehabilitation, prevention of neurological and psychological harm, and long term developmental well being through restorative justice, therapeutic interventions, and diversion. This study positions neuro protection as a foundational principle of child criminal justice while providing normative guidance for legal reform consistent with neuroscientific knowledge and international child protection standards. The study concludes that Indonesia should introduce regulations requiring neurological development analysis throughout juvenile criminal proceedings and reform legal practices across all components of its legal system.

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