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Jurnal Hukum Progresif
Published by Universitas Diponegoro
ISSN : 18580254     EISSN : 26556081     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Progressive Law journal is a container and pouring the idea of progressive legal thought. published 2 (two) times a year in April and October. Editors receive, edit and publish manuscripts that meet the requirements. Editors are not responsible for the content of published manuscripts.
Arjuna Subject : Umum - Umum
Articles 7 Documents
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Search results for , issue "Vol 13, No 1 (2025): April 2025" : 7 Documents clear
PROTECTING LOCAL STARTUPS: REFORMULATING FOREIGN INVESTMENT POLICIES FOR INDONESIA’S SUSTAINABLE ECONOMY Rihardi, Satrio Ageng
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.99-128

Abstract

Economic growth in a country is largely influenced by investment levels, both from domestic and foreign sources. In Indonesia, foreign investment plays a crucial role in driving business expansion. However, it often overlooks the interests of local businesses, especially startups. This study aims to analyze the need for reformulating legal policies regarding foreign investment to protect local startups in Indonesia. By adopting a doctrinal legal research approach, this study investigates existing laws and regulations, identifying legal challenges arising from the influx of foreign investors into the startup sector. The findings of the study highlight that while foreign investment significantly contributes to the country’s economic development, its presence without adequate regulation can negatively affect local startups. Many local companies struggle to compete with foreign entities, which may have more financial resources and market power. Therefore, it is essential for the government to strengthen policies regarding foreign ownership in local startups and offer legal protections for domestic businesses. Restrictions on foreign investment in this sector are necessary to prevent foreign domination that could harm local enterprises and ensure a healthy, competitive market environment. Reformulating foreign investment policies is also vital to foster the growth of domestic industries, create job opportunities, and reduce dependency on imported products. These changes would not only benefit local startups but also promote a more sustainable and balanced economic growth for Indonesia. In conclusion, clearer and more decisive legal frameworks surrounding foreign investment are crucial to safeguard the interests of local companies, ensuring that Indonesia’s economy remains competitive and continues to grow in the long term.
REIMAGINING CRIMINAL JUSTICE: OVERCOMING SYSTEMIC BARRIERS TO LEGAL PROTECTION FOR WOMEN THROUGH FEMINIST JURISPRUDENCE Triantono, Triantono
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.129-157

Abstract

Violence against women remains a pervasive issue, affecting women physically, psychologically, socially, economically, and politically. Despite the existence of various laws, the barriers to accessing justice for women victims of violence remain substantial. These obstacles include revictimization, discriminatory legal procedures, and limited access to support services. Violence against women is rooted in systemic gender inequalities, where patriarchal cultural values often influence legal systems, perpetuating gender biases that undermine women’s ability to seek justice. Feminist jurisprudence challenges the traditional legal frameworks by questioning the so-called neutrality of the law. It emphasizes that the law, as it stands, often fails to protect women adequately due to the masculine perspectives embedded within it. By rejecting the objectivity of legal positivism, feminist jurisprudence advocates for a legal system that prioritizes the experiences of women, aiming for a more inclusive, victim-centered approach. This framework seeks to dismantle discriminatory legal structures and create an environment where women can safely access justice without fear of discrimination or retraumatization. In Indonesia, the enactment of the Sexual Violence Crime Law and the Supreme Court Regulation on adjudicating cases involving women have been significant steps toward addressing gender-based violence. These reforms reflect a shift toward victim-centered justice, focusing on protecting women and ensuring that their rights are upheld throughout the legal process. However, these laws can only be effective if they are supported by adequate resources, including victim assistance programs and trained law enforcement officials. Ultimately, the challenge lies in overcoming cultural and institutional barriers to justice. Strengthening access to justice for women requires not only legal reform but also a cultural shift toward gender equality. Feminist jurisprudence offers a holistic approach to this issue, calling for legal transformation, victim empowerment, and a supportive environment that enables women to fully participate in the justice process. By combining legal and societal changes, a more equitable legal system for women can be realized.
HARMONISING RESTORATIVE JUSTICE IN THE INDONESIAN LEGAL SYSTEM: INTEGRATING PANCASILA VALUES AND HUMAN RIGHTS PROTECTION Zentoni, Zentoni
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.158-189

Abstract

The harmonisation of the concept of restorative justice in Indonesia is a significant step towards developing a judicial system that prioritises recovery and reconciliation, rather than the traditional approach that emphasises punishment. With the increasing integration of restorative justice principles into legal regulations, such as Attorney General Regulation No. 15 of 2020, National Police Chief Regulation No. 8 of 2021, and the inclusion of this concept in the 2023 Criminal Code, Indonesia is making substantial progress towards a more humane and effective legal system. This study employs a doctrinal legal approach, analysing various regulations and their application within the Indonesian legal system. The findings demonstrate that the application of restorative justice in Indonesia is strongly rooted in the values of Pancasila and the 1945 Constitution, which highlight the principles of social justice, humanity, and respect for human rights. By involving perpetrators, victims, and the community in the conflict resolution process, restorative justice provides space for the restoration of social relationships damaged by criminal acts, strengthens social cohesion, and minimises the negative impacts of the retributive justice system. However, the primary challenge lies in ensuring that the application of these principles does not lead to imbalance or injustice, particularly in more serious cases. Therefore, harmonising constitutional values with the implementation of restorative justice must be undertaken with great care to preserve the integrity of the Indonesian legal system and ensure the protection of human rights, while achieving a more comprehensive and sustainable form of justice.
STRENGTHENING DEMOCRACY: THE ROLE OF ELECTORAL JUSTICE AND THE ELECTION SUPERVISORY BOARD IN ENSURING FREE AND FAIR ELECTIONS IN INDONESIA Harahap, Ali Umar
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.1-27

Abstract

The general election is an essential manifestation of constitutional democracy practised in many countries, including Indonesia. Democracy, originating from the Greek term “rule by the people,” is understood in modern thought as a representative system in which representatives are chosen through free, competitive elections. A democratic election must adhere to universally accepted principles, such as being direct, universal, free, secret, honest, and fair. The electoral justice system, a key instrument of the rule of law, ensures the proper enforcement of these principles by resolving disputes fairly and promptly. Its design is integral to the legitimacy and credibility of elections, reflecting the socio-cultural and political context in which it operates. The system must be guided by values and norms, ensuring the independence and impartiality of election administration, transparency, accessibility, inclusivity, and the right to an effective remedy for violations. Election law enforcement is crucial for maintaining the credibility of elections, providing legal certainty, and fostering trust in the election process. This research explores the Election Supervisory Board’s role in resolving electoral disputes through quasi-judicial mechanisms. It examines the legal framework for resolving election-related disputes, emphasising the importance of an effective electoral justice system in maintaining free and fair elections. The research method involves doctrinal legal analysis, focusing on laws and regulations, particularly Law No. 7 of 2017 on General Elections. By examining adjudication processes and administrative efforts in electoral disputes, the study highlights the evolving role of the Election Supervisory Board in strengthening Indonesia's democratic processes. It concludes that a well-designed electoral justice system is fundamental to ensuring democratic integrity and public trust in election outcomes.
ADDRESSING LEGAL GAPS IN INDONESIA’S INDIVIDUAL LIMITED LIABILITY COMPANY: CHALLENGES AND THE PATH TO REFORM Irawati, Irawati; Santoso, Budi; Prananingtyas, Paramita
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.190-225

Abstract

The establishment of the Individual Limited Liability Company in Indonesia presents several fundamental issues related to the validity of incorporation documents, ambiguity regarding the pre-approval period, and conceptual inconsistencies between Government Regulation No. 8 of 2021 and the Limited Liability Company Law. One of the main issues is the absence of a notarial deed, which is often the legal basis for establishing a legal entity in Indonesia, creating legal uncertainty for third parties. Additionally, the misalignment in the use of the terms “registration” and “approval” in this regulation contributes to confusion about when the legal entity status of the Individual Limited Liability Company can be obtained. Another issue is the organizational structure of the Individual Limited Liability Company, which combines the functions of shareholder and director in a single individual, eliminating the basic principles of power separation and fiduciary duty that underpin good governance. This also hinders the application of the Piercing the Corporate Veil doctrine and blurs the boundary between the owner and the company itself. The absence of a Supervisory Board in this structure further exacerbates the situation as there is no adequate oversight mechanism. Therefore, an update to Government Regulation No. 8 of 2021 is needed, which includes the obligation for a declaration of establishment before a notary, clarity on the personal responsibility of the founder before approval, and the regulation of a periodic reporting mechanism. In the long term, legislative reforms are necessary to create a new legal entity distinct from the Limited Liability Company Law, considering lessons from other jurisdictions and the values of Pancasila.
LEGAL PERSPECTIVES ON MORAL HAZARD: STRENGTHENING DEMOCRACY IN INDONESIA’S POLITICAL SYSTEM Ristyawati, Aprista
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.28-67

Abstract

Political parties are central to the democratic system in Indonesia, acting as the intermediary between citizens and the government. However, one of the most significant challenges facing political parties today is the issue of moral hazard, which occurs when party members prioritize personal or group interests over the public good. This study explores the impact of moral hazard within political parties and its detrimental effects on democracy in Indonesia. Using doctrinal legal research with a conceptual and descriptive analysis of secondary data, the study finds that moral hazard leads to a decline in public trust, diminished political participation, and weakened social control. The consequences also extend to the quality of public policies, which suffer due to misaligned priorities, lack of expertise, and insufficient evaluation. Moreover, moral hazard erodes accountability, which fuels corruption, nepotism, and a lack of oversight, ultimately compromising the quality of democracy. To address these challenges, the study proposes a multi-pronged strategy, including strengthening internal oversight within political parties, improving transparency, and reforming the party system. Key reforms include ensuring ethical conduct through codes of ethics, establishing independent oversight committees, and protecting whistleblowers. The study also advocates for stricter legal enforcement, increased public participation, and the role of media in holding parties accountable. Finally, global cooperation is crucial in tackling cross-border corruption and unethical practices. By implementing these reforms, Indonesia can reduce moral hazard within political parties, strengthening the democratic process and ensuring that the political system serves the public interest effectively and transparently.
EMPOWERING LOCAL GOVERNMENTS: REGIONAL AUTONOMY AS A CATALYST FOR GOOD GOVERNANCE IN INDONESIA Habibi, Dani
Jurnal Hukum Progresif Vol 13, No 1 (2025): April 2025
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.13.1.68-98

Abstract

Regional autonomy reform in Indonesia is a key initiative aimed at enhancing governance by ensuring greater transparency, accountability, and efficiency in local government operations. By decentralizing authority, local governments gain the freedom to manage regional affairs and develop policies that are more closely aligned with their communities' needs. The ultimate goal of regional autonomy is to improve community welfare by enabling regions to design and implement targeted solutions. However, the process faces several challenges, including disparities in regional development, ineffective resource management, and insufficient coordination between the central and local governments. Addressing these issues requires a transformation in community attitudes, improved government capacity, and enhanced public participation in decision-making. The successful implementation of regional autonomy depends on effective policy reform and better management practices, alongside active involvement from the community. Local wisdom should be integrated into development strategies, ensuring that policies respect and preserve cultural diversity while promoting sustainable growth. Additionally, strengthening oversight mechanisms, improving transparency in budget management, and fostering intergovernmental cooperation are crucial for achieving equitable development outcomes. Regional autonomy reform holds significant potential for creating a more responsive government that better serves its people. However, to unlock this potential, it is essential to build the capacities of local governments, ensure effective supervision, and encourage inclusive decision-making processes. This approach will contribute to the realization of sustainable development goals, fostering a more just, accountable, and efficient governance system.

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