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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 82 Documents
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THE VALIDITY OF CONTRACTS IN THE DUAL POSITION OF DIRECTOR IN A LIMITED LIABILITY COMPANY Humaira Audrey, Adeline
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.v7i2.288

Abstract

The phenomenon of directors holding dual positions in two or more related limited liability companies raises legal issues regarding the validity of contracts signed by the same party for two different entities. This study aims to analyze the legal consequences of the validity of contracts made by directors with dual positions. The purpose of this study is to determine the validity of contracts in the case of directors with dual positions in limited liability companies and the legal consequences of the validity of such contracts. The method used is normative juridical with a legislative and conceptual approach. The results of the study show that contracts made by directors in dual positions have the potential to be legally flawed if they do not meet the principles of good faith, fiduciary duty, and Good Corporate Governance. These contracts can be canceled if there is evidence of a conflict of interest or misuse of internal information that violates the doctrines of self-dealing and insider trading. Therefore, transparency and supervision through the approval of the Board of Commissioners or the General Meeting of Shareholders are important mechanisms to ensure the validity of contracts in modern corporate practice.
Legal Framework for Integrating Crop and Livestock Farming with Sus-tainable Development in Indonesian Laws isharyanto; Deva Mahendra Caesar Bimantya
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.v7i1.289

Abstract

This article analyzes the legal framework governing crop-livestock integration in Indonesia and it’s alignment with sustainable development principles. Although the Food Law, the Livestock and Animal Health Law, and the Evironmental Protection and Management Law recognize sustainability and the use of local resources, they don’t provide operational guidance for integrating crops and livestock. The research finds regulatory fragmentation: livestock manure is legally treated as waste rather than a soil nutrient, forage production is not mandated within livestock enterprises, and extension services operate under separate sectoral structures. Comparative analysis of Malaysia, Thailand, and India demonstrates that successful integration that support nutrient cycling and smallholder autonomy. This research purposes three core elements for legal reform: recognizing livestock manure as an agricultural resource, requiring forage production plans, and unifying agricultural extension under a single village-level farming plan. Strengthening these provisions would create a cohesive legal basis for sustainable crop-livestock systems and reinforce food security for smallholder farmers.
CRIMINAL LIABILITY FOR FRAUDULENT PRACTICES IN THE SELECTION EXAMINATION FOR CIVIL SERVICE CANDIDATES (CASN) Syahrani, Dhiva; Deni Achmad; Firganefi; Tri Andrisman
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.v7i1.293

Abstract

Cheating on the Civil Service Candidate (CASN) test is an unlawful act committed by an individual or group of individuals that can damage the integrity of the civil service selection process. This act is carried out by manipulating electronic documents in the Civil Service Candidate selection test to make it appear as if the applicant's data is authentic in order to take the test (CASN). Perpetrators may be held criminally liable, either individually or jointly, according to their role in the crime. Therefore, what form of criminal liability does cheating on the Civil Service Candidate (CASN) selection test take. This study uses a normative legal approach supported by empirical legal evidence using the applicable laws and regulations as well as literature studies and interviews with sources in this study consisting of judges at the Tanjung Karang District Court and lecturers from the Criminal Law Department of the Faculty of Law at the University of Lampung. Descriptive qualitative data analysis The results of the research and discussion show that the defendant's criminal liability for manipulating personal data in the Civil Service Candidate Selection System (SSCASN) based on Decision Number 510/Pid.Sus/2024/PN TJK is based on two main elements, namely unlawful acts and intentional mistakes. The defendant was proven legally and convincingly to have falsified the identity photos on the ID cards of selection participants for personal gain as a proxy in the CPNS test, thereby fulfilling the elements of Article 35 in conjunction with Article 51 Paragraph (1) of the ITE Law. The Panel of Judges found no justifiable or exculpatory reasons that would eliminate criminal liability and assessed that the defendant was capable of being held responsible, thus declaring him guilty and imposing a criminal penalty.
LAW ENFORCEMENT FOR THE DESTRUCTION OF THE CULTURAL HERITAGE BUILDING EMA IDHAM’S HOUSE IN WEST SUMATRA Nurlinda Yenti; Netra Meldi
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.v7i2.294

Abstract

The investigation into the destruction of Ema Idham's heritage building by PPNS at BPK West Sumatra is governed by Article 66 Paragraph (1) of Law No. 11 of 2010 concerning Cultural Heritage. It states that everyone is prohibited from damaging cultural heritage, whether in whole or in part, from the unit, group, or original location. The research questions are: 1) How is the investigation of the criminal act of destroying Ema Idham's cultural heritage building by PPNS at BPK West Sumatra conducted? 2) What are the obstacles faced during the investigation of this crime? 3) What efforts are being made to overcome these obstacles? This study uses a sociological-legal approach and a descriptive method. The findings are: 1) The investigation met the elements of the crime of destroying cultural heritage, but legal proceedings faced challenges because the Padang District Court canceled the suspect’s status through a pre-trial decision. 2) Obstacles include limited witnesses, investigator capabilities, and PPNS officials at BPK West Sumatra. 3) To address these issues, efforts include increasing community awareness to gather witnesses, enhancing cooperation among PPNS officials, and improving capacity through training and discussion forums.
THE COMPARISON OF BLUE CARBON CREDIT REGULATIONS AND IMPLEMENTATION IN INDONESIA, KENYA, MADAGASCAR, AND AUSTRALIA Rahmah Salsabilla; Afanin Fariq Fajriya; Rachma Ananda Sulaiman
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.v7i2.296

Abstract

Global climate change has become an increasingly urgent environmental issue, driven in part by the continuous degradation of forest ecosystems worldwide. Forests, which function as major global carbon sinks, are frequently converted for economic and social purposes, resulting in declining forest cover and rising carbon emissions. This situation highlights the necessity of innovative approaches to address climate-related challenges, including the conservation and enhancement of Blue Carbon Ecosystems (BCE). BCEs, particularly mangrove forests and seagrass meadows, hold substantial potential for carbon sequestration and can support environmental, social, and economic objectives when managed effectively. One mechanism developed to utilize this potential is Blue Carbon Credits (BCC). However, despite Indonesia’s vast coastal resources and high blue carbon capacity, the implementation of BCC remains underdeveloped. This study aims to examine the regulatory framework and practical progress of BCC initiatives in Indonesia and compare them with experiences from other countries. A qualitative approach was employed, using descriptive–normative analysis supported by secondary data and case studies. The findings indicate that Indonesia has significant opportunities to advance BCC initiatives, yet institutional fragmentation, overlapping authorities, and limited data integration hinder optimal implementation. Comparative insights from countries with more established blue carbon policies provide recommendations for strengthening Indonesia’s governance, improving data coordination, and enhancing the overall effectiveness of BCC implementation.
Prinsip Hukum Islam dan Tata Kelola Pertambangan Berkelanjutan di Indonesia: Suatu Kerangka Analiti Itishan, Bani Adam; Kurniaty; Musyfikah Ilyas
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.v7i2.297

Abstract

Indonesia's considerable mineral resources including coal, nickel, copper, and bauxite are pivotal to economic development and the worldwide green energy supply chain. Nonetheless, expedited extraction has resulted in significant environmental degradation, socio-economic disruption, and legal-ethical issues, especially in areas facing deforestation, water contamination, habitat fragmentation, and community displacement. These effects underscore the urgent necessity for a governance framework that enforces regulatory compliance while incorporating ethical and environmental accountability. This study analyzes the potential of Islamic legal concepts to provide a normative and ethical framework for enhancing sustainable mining governance in Indonesia. This study aims to achieve three objectives: (1) to assess the environmental, social, and economic consequences of mineral extraction; (2) to investigate Islamic legal principles pertinent to resource governance, including maqāṣid al-sharī‘ah, khilāfah, milkiyyah ‘āmmah, ḥifẓ al-bī’ah, and hisbah; and (3) to develop a cohesive analytical framework that harmonizes Islamic jurisprudence with Indonesia’s mining regulatory framework. This article utilizes a qualitative narrative-descriptive methodology, using statutory and regulatory texts, ancient and modern Islamic legal sources, MUI fatwas, environmental reports, and recent academic research. The data were systematically categorized by theme and examined using triangulation to confirm the coherence and validity of the arguments.The results indicate that Islamic law provides a thorough ethical framework that can effectively address governance deficiencies in Indonesia's mining industry. Principles such as lā ḍarar wa lā dirār and dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ offer robust ethical basis for more stringent environmental regulations, while hisbah legitimizes governmental involvement to avert ecological damage. Incorporating these concepts with national mining rules and ESG standards can improve environmental protection, guarantee equitable benefit sharing, fortify community rights, and advance intergenerational justice. This research finishes by presenting a normative-ethical framework for sustainable mining that aligns positive law with Islamic environmental jurisprudence.
The Legal Analysis of Judges’ Considerations in Adjudicating Theft Crimes Committed by Women Zulkarnain, Zulkarnain Hasibuan; Syahril
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.v7i2.298

Abstract

The law serves to regulate relationships between individuals and between individuals and the state so that everything runs in an orderly manner. In the Criminal Code (KUHPidana), theft is classified into various categories, including, as stipulated in Article 362 of the Criminal Code, theft with aggravating circumstances. Theft with crime is a crime against property. The crime committed in theft has the purpose of preparing or facilitating theft or, if caught, providing an opportunity for the perpetrator to escape so that the stolen goods remain in the perpetrator's possession. The problem is the gap between das sollen and das saen, the difference between what should be and what is in reality. In relation to the topic raised in this study, the problem is: How should criminal punishment be imposed on women who commit theft? How is Article 362 applied to a woman who commits theft? To find out the reasons why a woman commits theft. To find out how Article 362 is applied to a woman who commits theft. The type of research used in this study is normative empirical research using secondary data sources and legislation.
The Strategic Role of the Public Prosecutor’s Prosecution Plan in Imposing Severe Penalties for Child Abuse Crimes Trijayanti, Dita; Achmad, Deni; Tri Andrisman; Maya Shafira; Muhammad Farid
Progressive Law Review Vol. 8 No. 1 (2026): APRIL 2026
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v8i1.275

Abstract

Rentut has a strategic role for the prosecutor in prosecuting serious crimes against perpetrators of child molestation. Rentut functions as a juridical instrument that gives legitimacy to the demands, a victimological instrument that places child victims at the center of consideration, and a social-preventive instrument that affirms the state's attitude not to tolerate sexual crimes against children. In addition, Rentut also strengthened the consistency of prosecution between prosecutors so that it reflects the institutional policies of the prosecutor's office, not just the attitude of individual JPU. This study aims to find out and analyze the consideration of the Prosecution Plan (Rentut) by the Public Prosecutor (JPU) against the perpetrators of the crime of sexual abuse of biological children and the procedures carried out by the prosecutor in submitting a Rentut to the perpetrators of the crime of molestation of biological children. The main focus of this study is to understand how the prosecutor drafts criminal charges that are not only sentencing oriented, but also pay attention to the aspect of protecting child victims who have experienced deep trauma. The results of the study show that in compiling the charges, the prosecutor considers objective and subjective aspects as regulated in the Child Protection Law. The objective aspect includes the analysis of legal facts, evidence, and the application of the principle of lex specialis derogat lex generalis, while the subjective aspect includes moral, humanitarian, and socio-psychological factors on the victim. The procedure for preparing the Rentut is carried out systematically, starting from the collection of trial facts to the preparation of charges ratified by the Head of the District Attorney's Office. In the case of molestation of biological children, the prosecutor emphasized the imposition of punishment due to the betrayal of moral responsibility as parents. Keywords: Prosecution Plan, Public Prosecutor, Child Abuse, Child Protection
Good Faith in Electronic Contracts and Online Consumer Protection: A Normative Study Kasim, Putri Ayu Nurjannah
Progressive Law Review Vol. 8 No. 1 (2026): APRIL 2026
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v8i1.307

Abstract

The rapid growth of electronic commerce has significantly transformed contractual practices by increasing efficiency and accessibility, while simultaneously generating complex legal challenges related to fairness and online consumer protection. One of the central issues arising from electronic contracts is the effective application of the principle of good faith, which traditionally functions as a fundamental norm to ensure justice, balance, and trust in contractual relationships. In digital transactions characterized by standard-form contracts, information asymmetry, anonymity, and limited bargaining power, consumers are often placed in a structurally vulnerable position. This article aims to examine the existence and legal recognition of the principle of good faith in electronic contracts within the Indonesian legal system and to analyze its role in strengthening online consumer protection. Employing a normative legal research method, this study analyzes statutory regulations, legal doctrines, and principles governing contract law, consumer protection, and electronic transactions, supported by relevant scholarly literature. The findings reveal that the principle of good faith is formally recognized in various Indonesian legal instruments, including the Civil Code, consumer protection legislation, and laws on electronic transactions. However, its practical application remains inconsistent due to the absence of a clear doctrinal formulation specific to digital contracts, weak law enforcement, jurisdictional challenges in cross-border transactions, and the persistent use of non-transparent standard clauses. These limitations undermine contractual fairness and weaken consumer protection in the digital marketplace. This study concludes that reinforcing the principle of good faith through clearer regulations, stronger institutional oversight, enhanced consumer legal literacy, and international cooperation is essential to promote fairness, balance, and justice in electronic contractual relationships.
Misuse of Digital Evidence in Child Sexual Cases: A Normative Legal Analysis Katili, Deasy Anggraini
Progressive Law Review Vol. 8 No. 1 (2026): APRIL 2026
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v8i1.316

Abstract

The rapid advancement of digital technology has enabled members of the public to document and disseminate incidents occurring in public spaces, often with the intention of supporting law enforcement. However, this practice has generated serious legal challenges when digital recordings involving child sexual misconduct are publicly distributed under the pretext of social punishment or informal law enforcement. This study aims to examine the legal qualification and criminal liability of third parties who record and disseminate sexually explicit content involving children in Indonesia. Employing a normative legal research method, this study applies statutory and conceptual approaches by analyzing relevant legislation, particularly Indonesian electronic information law and the legal framework on sexual violence, alongside legal doctrines concerning criminal responsibility, digital evidence, and the protection of children’s privacy. The findings demonstrate that the public dissemination of such recordings constitutes a misuse of digital evidence and cannot be justified as lawful public participation in crime reporting. Normatively, these acts fulfill the elements of unlawful distribution of indecent electronic content and qualify as electronic-based sexual violence, even when the underlying conduct occurs in public spaces. Furthermore, the analysis reveals that such dissemination undermines procedural legality, compromises the integrity of digital evidence, and results in severe and lasting digital victimization of child victims. This study emphasizes the necessity of clearly distinguishing between the legitimate right to report criminal acts to authorized authorities and the prohibited act of exposing illegal content in the public digital domain, while underscoring the importance of child-centered legal protection and procedural safeguards to prevent digital vigilantism and ensure that the pursuit of justice does not inflict further harm on children

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