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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 87 Documents
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Consolidation of Competition Law and Consumer Protection Law in Indonesia : A Normative Study Based on Hans Kelsen's Pure Theory of Law wim badri zaki; Gunsu Nurmansyah; Wim Fadel Azmilhuda
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.v8i1.323

Abstract

This article discusses the urgent need to merge Indonesia's Competition Law and Consumer Protection Law into a single enforcement body. Since 1999, Indonesia has maintained two separate legal entities: the Business Competition Supervisory Commission (KPPU) under Law No. 5 of 1999, and the National Consumer Protection Agency (BPKN) under Law No. 8 of 1999, with an annual budget of Rp 401 billion. Using a normative legal research method with statutory and conceptual approaches, this article assesses the legal validity of both laws after four amendments to the 1945 Constitution, evaluates the effectiveness of the dual institutional system, and advocates for consolidation based on Hans Kelsen’s pure theory of law and the principle of economic democracy. The study reveals that this separation has caused significant structural failures: by July 2025, Rp 265.49 billion in KPPU fines from 114 final decisions remained unenforced, and BPKN recovered only 10.6 percent of Rp 424.3 billion in documented consumer losses in 2024, with 70 percent of its recommendations ignored by government agencies. The total loss from these inefficiencies in a single year exceeds the combined budgets of both agencies. Considering models like the US Federal Trade Commission (FTC) and the Australian Competition and Consumer Commission (ACCC), and noting that 89 of 148 countries adopted a consolidation approach, this article argues that establishing a Competition and Consumer Protection Commission (KPPK) is an urgent constitutional, academic, and fiscal priority for Indonesia.
Cross-Border Cyberbullying Law Enforcement from a Cyber Law Perspective Bobby Aldian Praja
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.v8i1.336

Abstract

Cross-border cyberbullying is a contemporary legal problem arising from the rapid development of information and communication technology, which increasingly blurs the territorial boundaries of state sovereignty through deterritorialization. Unlike conventional bullying, cyberbullying may be committed anonymously, disseminated instantly, preserved permanently through digital traces, and directed at victims located in different jurisdictions. This article examines the problems of criminal law enforcement against perpetrators of cross-border cyberbullying and evaluates the adequacy of national and international Cyber Law instruments in responding to such conduct. The research applies normative juridical legal research through statutory, comparative, and conceptual approaches. The analysis shows that law enforcement is obstructed by at least four interrelated issues: conflicts between state sovereignty and extraterritorial jurisdiction, differences in criminalization standards among states, the slow and formalistic operation of Mutual Legal Assistance and extradition mechanisms, and dependence on global digital platform providers for access to electronic evidence. These obstacles demonstrate that the borderless nature of cyberspace remains difficult to reconcile with conventional territorial criminal law. The article argues that Cyber Law requires a more functional and effects-based jurisdictional orientation, supported by the principle of reasonableness, international regulatory harmonization, stronger digital forensic capacity, and more responsive cooperation mechanisms. Such reconstruction is necessary to reduce legal loopholes and strengthen protection for victims of transnational cyberbullying.
The Effectiveness Of The Village Head’s Role In The Adjudication Committee Of The Complete Systematic Land Registration (PTSL) Program In Padangsidimpuan City Nur Oloan Oloan; Zulkarnain Hasibuan; Eny Mayasari
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.v8i1.340

Abstract

Land registration through the Complete Systematic Land Registration (PTSL) program is a strategic government initiative aimed at providing legal certainty over land ownership for all Indonesian citizens. As a member of the Adjudication Committee, the village head (Lurah) holds a pivotal role in facilitating data collection, community coordination, and the resolution of land boundary disputes at the grassroots level. This study aims to analyze the effectiveness of the village head's role within the Adjudication Committee in the implementation of the PTSL program in Sitamiang Baru Village, Padangsidimpuan City. This research employs a qualitative approach with descriptive analysis. Data were collected through in-depth interviews, field observation, and documentation involving key informants including village head officials, BPN (National Land Agency) staff, and community members. The findings indicate that the village head has effectively carried out their role as a member of the Adjudication Committee, as evidenced by active participation in data verification, facilitation of community socialization, and mediation of land boundary disputes. Supporting factors include strong coordination between the village head and BPN officers, as well as high community participation. However, minor challenges such as incomplete administrative documents and limited public awareness were also identified. The study concludes that the village head's role is a determining factor in the success of PTSL implementation, and recommends strengthening capacity-building programs for village heads to sustain program effectiveness.
Bullying and Legal Accountability Victims’ Compensation in Indonesian Criminal, Civil, and Administrative Law Nanang Nurcahyo
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.v8i1.331

Abstract

Bullying carried out by children, both in the school environment and outside of school, has complex legal consequences, including criminal, civil and educational aspects. From a criminal perspective, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) confirms that children aged 12–18 years can still be held criminally responsible, with special treatment through diversion mechanisms, correctional punishment, social work, or supervision, and the maximum criminal threat is only half the punishment for adults. From a civil perspective, bullying can be classified as an unlawful act according to Article 1365 of the Civil Code, with the responsibility for compensation being borne by parents or guardians based on Article 1367 of the Civil Code. Schools can also be held accountable if they are proven to be negligent in supervising and handling bullying cases, in line with the legal obligations stipulated in Law Number 20 of 2003 concerning the National Education System as well as Minister of Education and Culture Regulation Number 82 of 2015 and Minister of Education and Culture Regulation Number 46 of 2023 concerning the Prevention and Handling of Violence in Educational Units. Compensation can take the form of compensation and restitution in criminal law, as well as material and immaterial damages in civil law. Therefore, resolving bullying cases must balance the interests of rehabilitating the perpetrator, restoring the victim's rights, and the educational institution's responsibility to create a safe learning environment.
DARI HAK ATAS LINGKUNGAN HIDUP MENUJU KEWAJIBAN ANTI-KRIMINALISASI: REKONSTRUKSI KEWAJIBAN NEGARA TERHADAP PEMBELA HAK ASASI MANUSIA MASYARAKAT ADAT Yasser Arafat
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.v8i1.352

Abstract

The recognition of the right to a clean, healthy, and sustainable environment has strengthened the status of the environment within the human rights regime, yet it has not fully addressed the criminalisation of communities that defend ecosystems. This article aims to reconstruct state responsibility towards Indigenous human rights defenders through the concept of anti-criminalization duties. The study employs a qualitative design based on secondary data and a doctrinal-conceptual legal research approach integrating international human rights law, environmental law, the rights of Indigenous Peoples, environmental justice, and critical legal analysis. The article finds that criminalisation operates across a spectrum of repression encompassing criminal prosecution, SLAPP, judicial harassment, administrative repression, securitization, symbolic delegitimation, and restrictions on participatory space. Its underlying mechanisms include the unequal distribution of ecological benefits and burdens, failures to recognise Indigenous territories, the weakening of FPIC, the juridification of ecological conflicts, and inadequate due diligence and corporate accountability. The originality of this article lies in shifting the analysis from the recognition of environmental rights towards state obligations to prevent the misuse of law against Indigenous human rights defenders. Its contribution is to formulate anti-criminalization duties as an evaluative framework for assessing whether states have respected, protected, and fulfilled rights in conflicts involving the environment, conservation, extraction, infrastructure, and energy transition.
The Validity of Dispute Resolution Clauses in Electronic Contracts under Indonesian Civil Law Amirah Dwi Subarkah
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.v8i1.353

Abstract

The rapid growth of electronic commerce has made standard-form electronic contracts, together with the dispute resolution clauses embedded in them, a common yet legally contested feature of everyday transactions. This article examines the validity of dispute resolution clauses in electronic contracts, such as choice of forum, choice of law, arbitration, and online dispute resolution, from the perspective of Indonesian civil law. Previous studies have examined the validity of electronic contracts in general and the position of choice-of-law clauses in cross-border digital transactions, but comparatively little attention has been paid to the validity requirements and enforceability of dispute resolution clauses that are unilaterally drafted into standard-form electronic contracts. Using a normative juridical method with statutory, conceptual, and comparative approaches, this article finds that a dispute resolution clause in an electronic contract is valid so long as it fulfills the elements of a valid agreement under Article 1320 of the Indonesian Civil Code and does not violate the principle of good faith under Article 1338 or mandatory consumer protection norms. Clauses that unreasonably restrict consumer access to justice, that are concealed from a party's reasonable notice, or that rely on an internal online dispute resolution mechanism lacking independence may be declared void or non-binding. The article recommends clearer regulatory standards on the form, disclosure, and procedural fairness of such clauses in electronic standard contracts. Keywords: Electronic Contract; Dispute Resolution Clause; Validity; Standard Clause.
The Position of Human Rights in the Indonesian Criminal Law System syamsul Bachri
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.v8i1.351

Abstract

Abstract: Human Rights (HAM) is a basic right that is inherent in every individual from birth and must be respected, protected, and fulfilled by the state. In the rule of law, the protection of human rights is one of the main indicators of the upholding of the rule of law and justice. The Indonesian criminal law system essentially functions not only as an instrument to tackle crime, but also as a means of protection for individual rights, both for victims, suspects, defendants, and convicts. This research aims to analyze the position of human rights in the Indonesian criminal law system, examine its implementation in various stages of the criminal justice process, and identify various challenges faced in realizing a criminal justice system that is oriented towards respect for human rights. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively through literature study techniques. The results of the study show that the position of human rights in the Indonesian criminal law system has a very fundamental position because it is constitutionally guaranteed in the 1945 Constitution of the Republic of Indonesia and various other laws and regulations, including Law Number 39 of 1999 concerning Human Rights and Law Number 1 of 2023 concerning the Criminal Code. However, the implementation of human rights protection still faces various challenges in the form of torture practices, disproportionate detention, violations of the principle of presumption of innocence, and the lack of optimal monitoring mechanisms for law enforcement officials. Therefore, it is necessary to strengthen regulations, increase the professionalism of law enforcement officials, and harmonize criminal policies oriented towards human rights protection. Keywords: Human Rights in the Criminal Law System and Protection of Children

Page 9 of 9 | Total Record : 87

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