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Progressive Law Review
Published by Universitas Bandar Lampung
ISSN : -     EISSN : 27162141     DOI : https://doi.org/10.36448/plr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Progressive Law Review (PROLREV) is an journal Faculty of Law University of Bandar Lampung. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as private laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed. A recommendation by the Editors on specific research issues to be covered in each volume may be made available to prospective contributors prior to publication of the volume in April and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 76 Documents
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THE RELATIONSHIP BETWEEN NOTARIES AND MONEY LAUNDERING CRIMES Navisa, Fitria Dewi
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.254

Abstract

Abstract: In this case, the social function of the notary is very important to provide authentic deeds for the community. A person in a respectable position who is able to carry out the requirements of an authentic deed is needed by the community, which guarantees legal certainty and builds trust in the production of written evidence. In addition to being responsible for themselves, this individual is also responsible for society. A notary must be moral in order to be able to carry out his responsibilities, investigating and reporting transactions made by service users to PPATK, the authorized organization. Notaries are not harmed by their role as Whistleblowers in Government Regulation Number 43 of 2015 in accordance with the mandate of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. Regulation Number 9 of 2017 concerning the Application of the Principle of Recognizing Notary Service Users in order to help eradicate money laundering crimes.
Eksplorasi Pendekatan Restorative Justice sebagai Mekanisme Pengurangan Angka Residivisme: Analisis Kritis terhadap Efektivitas Teori Relatif dalam Sistem Peradilan Pidana Indonesia Nabila Maulidiya; Indi Ulya Kamalin; Jelita Yupitasari
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.255

Abstract

Indonesia’s criminal justice system faces significant challenges related to rising recidivism rates. Data from the Directorate General of Corrections suggests that Indonesia's recidivism rate could reach 24% by 2023, indicating the limitations of conventional sentencing approaches. This research critically analyses the effectiveness of relative punishment theory and explores restorative justice as a potential alternative to reduce recidivism. Using a literature review methodology, this research examines empirical data, theoretical frameworks, and implementation challenges of restorative justice in the Indonesian legal context. Comparative analysis shows that restorative justice approaches have a significantly lower recidivism rate of 12.7%, compared to 37.8% for punitive approaches and 28.4% for rehabilitation-based approaches. The research identified key implementation factors, including law enforcement commitment, active community participation, comprehensive policy support, and effective rehabilitation programs. Structural and cultural barriers were also examined, with recommendations for adapting restorative justice to the Indonesian socio-cultural context. The study concludes that integrating restorative justice principles into the criminal justice system is a strategic approach to address recidivism.
MARRIAGE OF THE LAMPUNG COMMUNITY (MAK DIJEK SIANG TRADITION FROM THE PERSPECTIVE OF LAW NUMBER 16 OF 2019) Idham; Lenny Nadriana; Lina Maulidiana
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.265

Abstract

This study aims to analyze the marriage customs of the indigenous Lampung community, particularly regarding the traditional prohibition (Mak Dijuk Siang) against divorce during one’s lifetime, from the perspective of the Marriage Law. Mak Dijuk Cerai is part of the Lampung customary traditions that govern marriage and uphold high moral values and norms. This research employs legal and social research methods with an empirical approach. Primary data was obtained through interviews and field findings, which were then analyzed using theories relevant to the issues being studied, such as classical texts, books, journals, articles, legal dictionaries, encyclopedias, and previous related research in order to draw conclusions. The results of this study indicate that the Mak Dijuk Siang custom (prohibition of divorce) in the Lampung ethnic community does not conflict with the Marriage Law No. 1 of 1974, as amended by Law No. 16 of 2019 concerning Marriage. The Mak Dijuk Siang custom can be categorized as part of customary law that remains valid and respected in the Lampung community. Moreover, there is no provision in the Marriage Law that explicitly prohibits or regulates this custom. The Mak Dijuk Siang tradition can thus be regarded as part of Indonesia’s cultural and customary legal heritage that remains relevant and applicable within the Lampung community.
Perlindungan Konsumen Terhadap Penyebaran Informasi Menyesatkan Yang Disampaikan Melalui Iklan Aulia, Elvita Septavianty; Sanggup Leonard Agustian; Fajar Sugianto
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.262

Abstract

Advertising is a form of communication delivered by business actors to fulfill marketing functions. Advertising is one of the most effective communication mediums to promote a product, so that the product has a high selling value. However, many business actors promise advantages from excessive product use. Often the information conveyed does not match the actual condition of the product. Information conveyed through electronic media, print media and other promotional media must comply with the provisions of the Indonesian advertising code of ethics which emphasizes that information conveyed through advertising must be true, clear, honest and appropriate and imbued with a sense of healthy competition, and not excessive and meet other methods. However, these provisions are often ignored by business actors who want to make large profits through advertising and cause losses to consumers. The problems in this study are: (1) How is the regulation of responsibility for the dissemination of misleading information reviewed from Indonesian laws and regulations? (2) How are the efforts to resolve consumer disputes carried out by business actors over the spread of misleading information conveyed through advertising? By using normative research methods and legal approaches, it is known that: (1) The regulation of the responsibility of business actors for the suitability between the information conveyed through advertisements and the specifications and conditions of the products being traded has weaknesses. Laws and Regulations in Indonesia have not regulated the responsibility of business actors for the spread of misleading information conveyed through advertisements with the condition of the product received by consumers; and (2) Dispute resolution can be divided into two, namely outside the court and in court and there has been no certainty and legal justice for consumers in trusting product information conveyed through advertising.
THE ROLE OF PUBLIC POLICY IN STRENGTHENING THE ENFORCEMENT OF ADMINISTRATIVE LAW IN INDONESIA Syam, Fauzi; Yusra Pebrianto, Dony; Bambang Marsudi, Eko; Amala Rizki, Khana
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.258

Abstract

Administrative law is a fundamental instrument in realizing a transparent, accountable, and equitable government. However, its implementation in Indonesia still faces various challenges, including jurisdictional conflicts between judicial bodies, the lack of public legal awareness, limited human resources, and suboptimal technological infrastructure. This study aims to analyze the role of public policy in strengthening the enforcement of administrative law through regulatory reform, the digitalization of the judicial system, and the enhancement of public participation. The research method used is a normative legal approach, analyzing legislation, legal doctrines, and national and international scholarly literature. The findings show that public policy plays a central role in supporting the transformation of the administrative legal system. The implementation of Law No. 30 of 2014 on Government Administration has expanded the authority of the Administrative Court (PTUN) to adjudicate on government actions that were previously outside the reach of the law. Additionally, judicial digitalization through the e-Court system has proven to expedite case handling processes and enhance public access to justice, particularly in remote areas. Strengthened public participation through Law No. 25 of 2009 and Law No. 14 of 2008 also contributes to reinforcing oversight over state administrative practices. However, the effectiveness of these policies is still limited by implementation challenges, which require further policy strategies such as regulatory harmonization, public legal education, and investment in infrastructure and human resources
Legal Policy on the Flexibility of Establishing State Ministries for the Implementation of Government Martha Riananda; Ahmad Saleh; Malicia Evendia; Ade Arif Firmansyah
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.278

Abstract

The amendment to Law Number 39 of 2008 concerning State Ministries has sparked controversy in society, particularly regarding the flexibility of the number of ministries, which is no longer limited. When a legal norm undergoes regulatory changes, there is certainly a background. Law Number 61 of 2024, issued amidst the government's “efficiency” agenda, is an interesting anomaly to study. This study aims to identify and analyze the legal politics of the flexibility of the formation of state ministries in relation to government administration. This research employs a normative, utilizing a statutory, philosophical, conceptual, and case-based approach, framework to examine laws and legal phenomena. The results of this study, namely the legal politics of the flexibility of the formation of state ministries, which was originally limited to a maximum of 34 (thirty-four) ministries, then changed to "unlimited", indicate an attempt to actualize the strengthening of the President's prerogative, which does not require restrictions on ministerial institutional organs. The change in legal norms does not lead to a reduction in the number of ministries, but to an increase in the number of ministries. Law Number 61 of 2024 does not regulate substantive criteria for the formation of the number of ministerial organs, through the clause “needs for the administration of government by the President”, thus giving the President great discretion to determine how many ministerial organs are needed in the administration of government affairs.
ANALISIS HUKUM ADMINISTRASI PERIZINAN USAHA: STUDI KASUS PENYEGELAN GERAI MIE GACOAN DI KOTA BOGOR Ni Made Yuyeni Gita Sari; I Made Arjaya
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.282

Abstract

Licensing is an essential instrument for business actors in developing industrial enterprises, serving as a guideline to ensure a rational legal foundation (a means of legal protection). Licensing is closely related to industrial development, as stipulated in Law No. 3 of 2014 concerning Industry. If an industrial business does not meet the licensing requirements, it may have a negative impact on the continuity of its business operations. One notable example can be seen in several cases of business closures in the food industry, one of which involves Mie Gacoan—a brand that has gained immense popularity among teenagers and adults. However, the business has not yet fulfilled the required licensing conditions in accordance with applicable regulations. The establishment of Mie Gacoan outlets without meeting proper construction and operational licensing requirements has led to various impacts on both the social and environmental surroundings. The purpose of this journal study is to examine the granting of industrial business development licenses, to identify licensing issues surrounding Mie Gacoan in several regions of Indonesia, to analyze the impacts resulting from its establishment, and to assess the overall feasibility of the business. The research method used in this study is a literature review method, which includes data sources, data collection, data analysis, and the author’s analytical discussion.
Efektivitas Hukum dalam Penanganan Pelanggaran Hak Asasi Manusia Berat pada Tragedi Semanggi (1998–1999) Zaharatul Jannah Dwi Putri; Leni Maryani; Sri Fathimah Ramadhani
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.283

Abstract

The Semanggi Tragedies I (1998) and II (1999) marked two major episodes of violence during Indonesia’s political transition from the New Order regime to the Reform era. Both incidents resulted in dozens of deaths and hundreds of injuries, thereby falling into the category of alleged gross human rights violations. However, more than two decades later, their handling has shown no significant progress. This study aims to examine the historical context of these events, the position and responsibility of the state in the human rights violations that occurred, and the extent to which the legal response to the Semanggi Tragedies aligns with Soerjono Soekanto’s Theory of Legal Effectiveness. The study employs a normative juridical method with qualitative descriptive analysis. The data used are entirely secondary, including legislation, official parliamentary records, documents from the National Commission on Human Rights (Komnas HAM), civil society reports, academic literature, and relevant media coverage. Data were collected through library research and systematically analyzed to produce deductive conclusions regarding the effectiveness of legal enforcement in the Semanggi cases. The findings show that the handling of the Semanggi cases fails to meet the indicators of legal effectiveness. In terms of regulation, there exists a duality of interpretation regarding investigative authority between Komnas HAM and the Attorney General’s Office. From the perspective of legal apparatuses, inconsistencies persist, including statements from the Attorney General that contradict the mandate of the Human Rights Court Law. Meanwhile, evidentiary infrastructure has weakened due to the lengthy passage of time and the limited availability of forensic evidence. Lastly, public responses reflect a low level of trust in formal human rights enforcement mechanisms. Overall, this study underscores that the handling of the Semanggi Tragedies remains far from effective and requires comprehensive reform to ensure legal certainty and justice for the victims.
THE ROLE OF AN ADVOCATE IN PROTECTING THE LEGAL INTERESTS OF A CLIENT Ronaldo; Ahmad Irzal Fardiansyah; Muhtadi
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.284

Abstract

The legal profession of advocates holds an important role within Indonesia’s legal system. As legal enforcers tasked with providing legal assistance and protecting the legal interests of their clients, advocates serve not only as defenders in judicial proceedings but also as guardians of balance in law enforcement and protectors of human rights. This study aims to analyze the role of advocates in law enforcement, particularly in safeguarding clients’ legal interests based on Law Number 18 of 2003 concerning Advocates. The research employs a normative legal method with an analytical and statute approach through literature studies of legislation, books, and relevant journals. The results indicate that advocates play a strategic role in ensuring justice, legal certainty, and the protection of clients’ rights at every stage of the legal process—criminal, civil, and administrative. Advocates are also obliged to provide free legal aid to underprivileged communities. In carrying out their profession, advocates are required to uphold the code of ethics, integrity, and independence in order to maintain the dignity of the profession and uphold the rule of law. Thus, advocates serve as a key pillar in realizing a fair, transparent, and socially just judicial system for all citizens.
Melindungi Persaingan Pasar Digital di Indonesia: Wawasan dari Malaysia, Singapura, dan Penyalahgunaan AI Global Rifki, Dama; Mahendra, Farhani Agistya
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.287

Abstract

This study examines the legal and economic dimensions of predatory pricing within the context of Indonesia’s digital economy, emphasizing the effectiveness of existing competition law in addressing anti-competitive practices in online markets. The issue has become increasingly relevant as digitalization transforms market dynamics and creates new challenges for the enforcement of fair competition law. The primary objective of this research is to evaluate the effectiveness of Indonesia’s legal framework particularly Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition and Minister of Trade Regulation No. 31 of 2023 in preventing predatory pricing in the digital era. The research employs a normative juridical and comparative approach, with data collected through document studies of legislation, court decisions, and relevant academic literature. The normative approach is applied to assess the alignment between legal norms and their implementation in practice, while the comparative approach analyzes competition policies in Singapore and Malaysia, two ASEAN countries with regulatory frameworks and supervisory mechanisms that are more adaptive to the digital economy. Findings indicate that Indonesia’s legal framework remains largely reactive rather than preventive, with weaknesses in the definition of predatory pricing and in inter-agency coordination. In contrast, Singapore and Malaysia demonstrate stronger institutional mechanisms and more adaptive digital governance. This study recommends strengthening the legal definition, enhancing enforcement capacity, and improving cross-sectoral coordination to support healthy competition in the digital economy. Furthermore, it underscores the importance of ASEAN regional cooperation to improve market oversight and foster greater integration of competition policy across the region.

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