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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 167 Documents
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TOWARD AN INCLUSIVE PAPUA: HARMONIZATION OF INDIGENOUS LEGAL VALUES AND GENDER EQUALITY PRINCIPLES IN WOMEN’S EMPOWERMENT Heru Andryana Suherman; Fadillah Wulansari; Bambang Heryanto; Hera Fauziah Lubis
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.122-166

Abstract

Papua, a region rich in cultural heritage and indigenous legal systems, faces persistent challenges in achieving gender equality and empowering women. Despite their significant contributions to socio-economic life, particularly in agriculture, natural resource management, and local trade, Papuan women remain marginalized within customary decision-making structures and formal political institutions. This study explores the intersection of indigenous legal values and gender equality principles in Papua, focusing on the need for legal harmonization to promote women’s empowerment. Gender inequality in Papua is rooted in entrenched patriarchal values that place women in subordinate roles, limiting their access to education, economic resources, and decision-making opportunities. Legal pluralism, where customary law coexists with national laws, often reflects conflicting norms that hinder women’s rights and participation. The research advocates for a dialogical, participatory approach to legal reform, where customary values are interpreted in ways that support gender equality, without undermining local wisdom. Empowerment strategies, including legal education, economic development programs, and policy reforms, are essential to ensure that Papuan women can actively participate in societal transformation. The study emphasizes the importance of inclusive policy-making, gender-sensitive legal frameworks, and community involvement in achieving sustainable development and social justice. By integrating gender equality principles into Papua’s legal systems, both customary and state law, the region can move towards a more inclusive and just society. Women’s empowerment is not only crucial for gender justice but also serves as a key driver of economic growth and sustainable development. This study ultimately calls for a comprehensive approach to harmonizing indigenous legal systems with national principles of gender equality, ensuring that Papuan women are not only recognized for their contributions but also given the opportunity to shape their futures.
ENVIRONMENTAL CONSTITUTIONAL REGRESSION IN RISK-BASED INVESTMENT GOVERNANCE: RECONFIGURING ENVIRONMENTAL PROTECTION STRUCTURE IN INDONESIA Amir, Irfan; Setyawanta, Lazarus Tri; Diamantina, Amalia; Ansar, Lukman; Adelvia, Adelvia
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.167-200

Abstract

The reform of the risk-based licensing system implemented through the Job Creation Law in Indonesia has had a significant impact on environmental protection. This shift, which replaces the precautionary-based preventive approach with risk management, has the potential to reduce ecological protection without explicitly changing constitutional norms. From a constitutional perspective, this change is considered environmental constitutional regression, referring to the decline in the legal system’s ability to ensure the environmental protection that was previously achieved. This article analyzes the impact of this transformation on the legal structure and investment governance in Indonesia. Environmental protection, which previously functioned as a constitutional instrument limiting the rationality of economic development, is now repositioned as an administrative component within the risk-based licensing framework. This shift occurs amid efforts to deregulate and simplify licensing to accelerate investment, but at the expense of the state’s obligation to ensure ecological sustainability. This reform affects various regulatory dimensions, including institutional structure, the role of law, public participation procedures, and environmental protection standards. The integration of environmental approval into the risk-based licensing system changes the paradigm from preventive control to administrative risk management. As a result, environmental protection mechanisms become dependent on risk assessments that do not always encompass the broader potential ecological damage. This study proposes the need for a progressive legal approach that reaffirms the state's obligation to uphold constitutional rights to a healthy and sustainable environment, while mitigating the negative impacts of regulatory reform on ecological justice and environmental sustainability. Thus, this research contributes to the understanding of the constitutional implications of risk-based regulatory restructuring, emphasizing the importance of ensuring that environmental protection remains a priority in development policy.
TRANSFORMING ENERGY POLICY IN INDONESIA: ADDRESSING GENDER BIAS AND PROMOTING WOMEN’S EMPOWERMENT IN THE RENEWABLE ENERGY SECTOR Adventi Ferawati Sembiring; Evis Garunja
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.1-48

Abstract

This study analyses the role and engagement of women in Indonesia’s renewable energy transition through a feminist perspective, emphasising the shift from gender-neutral frameworks to inclusive, equitable, and justice-oriented approaches. The research employs document analysis of national energy plans, with a focus on the “Sumba Iconic Island” programme as a case study, complemented by a literature review that addresses ethics of care, distributive justice (Gilligan, Noddings, Rawls), and feminist perspectives—specifically standpoint theory and intersectionality. It highlights the patriarchal biases embedded in technocratic and macroeconomic policy frameworks. Although Indonesia possesses a wealth of renewable resources—including solar, bioenergy, and ocean waves—women’s experiential knowledge and perspectives remain underrepresented in energy policy and planning. Existing evidence indicates that empowering women as technicians and energy educators enhances technology adoption, social effectiveness, and long-term sustainability. A comparative analysis of Iceland and Germany shows that mandatory gender-equity reporting and inclusive public consultations—guided by feminist perspectives—position women as strategic partners in energy decision-making, rather than passive beneficiaries. Proposed actions include the adoption of feminist-informed Gender Responsive Budgeting (GRB) in energy-sector funding, revising technical regulations to require assessments of gender-power impacts, and establishing women’s energy advisory forums at both national and regional levels. These measures aim to reshape Indonesia’s energy transition into a process that is equitable, inclusive, fundamentally feminist, and environmentally sustainable.
WHEN MEN ARE VICTIMS: POWER, HEGEMONIC MASCULINITY, AND THE EPISTEMIC LIMITS OF JUSTICE IN INDONESIAN SEXUAL VIOLENCE LAW Nugroho, Mohammad Shandy; Hardiyanti, Marzellina; Mahoro, Jean Claude Geofrey
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.201-240

Abstract

This study critically examines the treatment of sexual violence against men within the framework of Indonesian criminal law, highlighting the persistent influence of hegemonic masculinity on legal culture and courtroom practices. Historically, Indonesian law has constructed sexual violence through a gendered lens that positions men as active perpetrators and women as passive victims, thereby marginalising male victims and limiting societal and institutional recognition. Despite normative reforms, including the Sexual Violence Criminal Law and the New Criminal Code, which adopt gender-neutral definitions and acknowledge coercion, power dynamics, and non-physical forms of violence, the implementation of these laws remains constrained by patriarchal legal culture. Using a Foucauldian feminist approach, the study demonstrates that courts often privilege physical evidence and linear narratives of trauma, thereby subordinating the psychological and relational dimensions of male victimisation. Empirical cases, including sexual violence against a male student in Batu City and the victimisation of 43 boys in a religious educational institution in Agam Regency, illustrate how judicial masculinity operates to standardise rationality, depoliticise power relations, and symbolically protect patriarchal norms. Male victims are compelled to negotiate their masculinity, conform to societal expectations, and substantiate trauma within a framework biased toward physical proof. The study further contextualises these dynamics internationally, comparing the recognition of male rape in jurisdictions such as the United Kingdom, the United States, and the International Criminal Court, underscoring the global persistence of gendered assumptions that impede legal acknowledgment and social support for male victims. The analysis concludes that achieving substantive gender justice requires a transformation of the epistemology of legal practice: courts must reconceptualise sexual violence as a mechanism of domination and social control rather than an anomaly, and recognise male vulnerability without pathologisation. Only through integrating legal cultural analysis, trauma-informed evidence evaluation, and awareness of hegemonic masculinity can the law substantively protect male victims and dismantle the structural biases that perpetuate the marginalisation of men within sexual violence discourse.
SUBMERGED OR DESTROYED? RECONSTRUCTING AGRARIAN JUSTICE FOR COASTAL COMMUNITIES AFFECTED BY TIDAL FLOODING IN INDONESIA Bunga Desyana Pratami; Imaro Sidqi
Jurnal Hukum Progresif Vol 14, No 2 (2026): October 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.2.459-495

Abstract

Tidal flooding increasingly threatens coastal land tenure in Indonesia by altering the physical condition, legal status, and socio-economic function of land. The central problem is the absence of clear legal parameters distinguishing temporarily submerged land from permanently destroyed land, despite the different consequences for land rights, certificates, registration records, and state responsibility. This study examines and reconstructs the legal protection of tidal-flood-affected land through Ronald Dworkin’s theory of justice as integrity. It employs doctrinal legal research using philosophical-hermeneutic, statutory, and conceptual approaches, focusing on the Basic Agrarian Law, Article 28H(4) of the 1945 Constitution of the Republic of Indonesia, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 17 of 2021. The study finds that the existing framework remains predominantly administrative, lacks firm criteria for transitional land conditions, and provides inadequate remedies for affected rights holders. Land should be classified as submerged where its boundaries remain identifiable, its legal relationship with the rights holder continues, and its physical or socio-economic function can still be restored. In such cases, land rights, certificates, and registration records must remain protected, supported by rehabilitation and administrative safeguards. Land may be classified as destroyed only where it has permanently lost its physical existence, identifiability, and socio-economic function. Although this classification may terminate land rights, it does not extinguish the state’s obligations toward former rights holders. Applying justice as integrity, this study reconstructs land-status determination by placing constitutional rights, equal concern and respect, socio-economic continuity, and proportional state responsibility at its core. Accordingly, the legal framework should require transparent procedures, meaningful participation, objections and remedies, fair compensation, appropriate relocation, and long-term socio-economic recovery. Indonesian agrarian law therefore requires reformulation to integrate administrative legal certainty with substantive justice and progressive climate-responsive protection for coastal communities affected by tidal flooding.
RETHINKING SOCIAL EXCHANGE IN CYBER PROSTITUTION: POWER ASYMMETRY AND LEGAL FRAGMENTATION IN INDONESIA M. Hendri Agustiawan; Nazhifatum Mutahhirah; Djody Firmansyah
Jurnal Hukum Progresif Vol 14, No 2 (2026): October 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.2.329-372

Abstract

Cyber prostitution in Indonesia has expanded alongside the growth of digital platforms, transforming conventional prostitution into a decentralised and technologically mediated system involving pimps, sex workers, clients, and digital intermediaries. This study examines how Indonesian criminal law regulates cyber prostitution and analyses the power-dependence relations underlying exchanges among these actors through a critical application of Social Exchange Theory. It employs a critical and interdisciplinary doctrinal legal method combining statutory, conceptual, and theoretical approaches. Primary legal materials consist of Indonesian legislation and relevant international instruments, while secondary materials include scholarly literature, institutional reports, and prior empirical studies used as contextual evidence. The study finds that Indonesia lacks a coherent and integrated legal framework specifically addressing cyber prostitution. Relevant provisions remain dispersed across the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, the Anti-Trafficking Law, the Child Protection Law, and the Sexual Violence Crimes Law. This fragmentation generates conceptual overlap, normative ambiguity, evidentiary difficulties, and uneven criminal accountability. The analysis further shows that classical formulations of Social Exchange Theory, centred on rational choice, reciprocity, and voluntary exchange, are insufficient to explain relationships shaped by structural vulnerability and unequal control over resources. Poverty, gender inequality, limited education, precarious employment, stigma, and restricted alternatives constrain individual agency, while pimps may control clients, prices, digital access, accommodation, protection, information, and emotional resources. These conditions produce asymmetric exchanges in which sex workers bear disproportionate legal, social, health, and psychological costs. The study argues that cyber prostitution should be understood as a digitally mediated and structurally conditioned form of unequal exchange. It concludes that Indonesia requires a technologically responsive, victim-centred, and proportionate legal framework that distinguishes consent from exploitation, differentiates responsibility among actors, strengthens digital investigative capacity, and integrates criminal law reform with social protection, gender-responsive policy, education, and economic empowerment.
PSIKOANALISIS HUKUM SEBUAH ALIRAN FILSAFAT HUKUM Awaludin Marwan
Jurnal Hukum Progresif Vol 5, No 1 (2009): April 2009
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.5.1.30-42

Abstract

Philosophy constitutes the foundation of all branches of knowledge, with the pursuit of truth as its central objective. Within legal philosophy, truth provides the normative basis for realizing justice as the ultimate purpose of law. This article examines Jacques Lacan’s reinterpretation of the trial of Socrates to challenge the assumption that justice can be achieved solely through formal legal procedures and procedural certainty. Instead, it argues that genuine justice requires the discovery of substantive truth beyond rigid legal formalism. Employing Lacanian psychoanalysis as a philosophical and interpretive framework, the study explores the relationship between truth, subjectivity, law, and justice. It concludes that integrating psychoanalytic insights into legal philosophy enriches contemporary legal discourse by reinforcing the pursuit of substantive justice over merely procedural legality.
FROM SYMBOLIC SUSTAINABILITY TO SUBSTANTIVE JUSTICE: STRENGTHENING LOCAL GOVERNMENT OVERSIGHT OF GREENWASHING IN INDONESIA I Gusti Ayu Eviani Yuliantari
Jurnal Hukum Progresif Vol 14, No 2 (2026): October 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.2.496-531

Abstract

Greenwashing has emerged as a significant challenge in environmental governance, as sustainability claims made by business actors do not always reflect their actual environmental performance. In Indonesia, this problem is further complicated by regulatory gaps, fragmented environmental oversight, and the changing distribution of authority between central and local governments. This study examines how the principle of substantive justice can provide a normative foundation for strengthening local governments’ authority to oversee greenwashing practices and analyses its implementation within Indonesia’s regional autonomy framework. The research employs a doctrinal legal method employing statutory, conceptual, case, and interpretive approaches. Primary and secondary legal materials are analysed qualitatively by examining constitutional principles, environmental legislation, regional government regulations, and theories of substantive justice, responsive law, and environmental governance. The study finds that greenwashing is not merely a problem of misleading corporate communication, but also represents a distortion of environmental information that may undermine the constitutional right to a good and healthy environment. From the perspective of substantive justice, environmental supervision should extend beyond formal and administrative compliance toward factual verification of environmental claims, ecological impacts, and corporate practices. Local governments possess strategic advantages because of their proximity to local communities, ecosystems, and business activities, yet their supervisory role remains constrained by increasingly centralised environmental approval mechanisms. Strengthening local authority should therefore be pursued through functional decentralisation and collaborative governance rather than a complete transfer of regulatory power. Local governments should be empowered to conduct on-site verification, validate environmental information, assess socio-ecological impacts, involve affected communities, and issue binding technical recommendations within environmental supervision processes. The study contributes a legal framework that integrates substantive justice, regional autonomy, and greenwashing oversight – positioning local governments as key actors in ensuring environmental transparency, accountability, and the substantive protection of ecological and community interests.
FROM LEX TO IUS: REORIENTING INDONESIAN LEGAL REFORM TOWARD INSTITUTIONALISATION AND SOCIAL LEGITIMACY Ilham Yuli Isdiyanto; Retno Saraswati; Ratna Herawati
Jurnal Hukum Progresif Vol 14, No 2 (2026): October 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.2.373-420

Abstract

This study examines the tension between institutionalised law and coercive law within Indonesia’s national legal system. It addresses the persistent divide between formally valid rules and socially legitimate norms in a plural legal order shaped by state law, customary law, religious law, and colonial legal legacies. Employing a doctrinal and conceptual methodology, supported by socio-legal, philosophical, hermeneutic, critical, and comparative approaches, the study analyses legislation, judicial principles, legal theory, and Indonesia’s legal experience. The findings indicate that excessive reliance on coercion produces only superficial compliance while generating institutional distrust, legal alienation, selective enforcement, and social resistance. Conversely, law that is internalised by society is more likely to secure enduring legitimacy and voluntary obedience. Indonesia’s legal crisis, therefore, does not primarily arise from a shortage of legal rules, but from a failure of institutionalisation caused by the disconnection between formal law, living law, and public values. The study also identifies an emerging legislative shift towards mediation, restorative justice, alternative dispute resolution, and community-based settlement, including reforms introduced through the 2023 Criminal Code and the 2025 Criminal Procedure Code. Nevertheless, these developments remain vulnerable to formalistic implementation and an entrenched coercive institutional culture. This study argues that authentic legal institutionalisation requires a transition from a lex-centred paradigm to an ius-oriented legal order grounded in Pancasila, legal pluralism, procedural justice, meaningful public participation, and progressive legal thought. Accordingly, legal reform must extend beyond statutory amendment to encompass legal education, institutional culture, access to justice, recognition of customary law, and restorative mechanisms. The study contributes a conceptual framework in which Indonesian legal legitimacy is understood as the product of internalisation, social recognition, institutional responsiveness, and democratic participation, rather than coercive authority alone. This framework offers a normative basis for assessing whether legal institutions command genuine public acceptance and sustain justice in practice over time.
SATJIPTO RAHARJO DAN KRITIKNYA TERHADAP EKONOMI KOLONIALISME Andi Tri Haryono
Jurnal Hukum Progresif Vol 5, No 1 (2009): April 2009
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.5.1.43-53

Abstract

Colonialism under Dutch rule constitutes one of the darkest periods in Indonesian history, marked by widespread suffering resulting from exploitative economic policies, particularly the cultuurstelsel (Cultivation System). This article examines economic colonialism from two main perspectives. First, it analyzes the discourse of classical liberal economic thinkers, including Adam Smith, David Ricardo, Thomas Malthus, Jean-Baptiste Say, and John Stuart Mill, whose ideas on free trade and economic prosperity were frequently used to justify colonial expansion and the exploitation of overseas territories. Such ideological foundations legitimized commercial and territorial expansion by Western powers, resulting in profound social and economic consequences for colonized regions in Asia, Africa, and South America. Second, the article argues that contemporary economic colonialism has re-emerged in a different form through the growing influence of multinational corporations (MNCs). Their dominance in market mechanisms, organizational structures, human resource management, operations, and marketing has significantly shaped national economies. In Indonesia, the expansion of MNCs has intensified market concentration and posed substantial challenges to domestic enterprises and indigenous entrepreneurs. The article concludes that although the forms of colonialism have changed, economic domination remains a persistent feature of global capitalism.

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