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Contact Name
Fradhana Putra Disantara
Contact Email
dfradhana@gmail.com
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+6282143093798
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jkph@unej.ac.id
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Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121
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Kab. jember,
Jawa timur
INDONESIA
Jurnal Kajian Pembaruan Hukum
Published by Universitas Jember
ISSN : -     EISSN : 27769828     DOI : https://10.19184/jkph
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Kajian Pembaruan Hukum (ISSN 2776-9828) is a refereed law journal published by the postgraduate program (Master of Laws) of the University of Jember, Indonesia. The publication in this journal focuses on the studies in law reform under doctrinal, empirical, socio-legal, and comparative approaches. The journal welcomes all submissions about constitutional law, criminal law, private law which emphasize the new perspectives for displaying and opening an intimate knowledge into the way they work in practice. Manuscript submissions should be between 7,000-10,000 words in length, although shorter papers relating to policy analysis and debate will be considered. The peer-review process and decision on publication will normally be completed within 60 days of receipt of submissions The aims of the journal are to encourage scholarly attention and advance the intimate knowledge of recent legal discourses. It accommodates high-quality manuscripts relevant to the endeavors of scholars and legal professionals with fundamental and long-term analysis in the light of empirical, theoretical, multidisciplinary, and comparative approaches. The focus of the journal is legal studies. Articles submitted to this journal are on contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and comparative studies. The scope of the paper submissions includes constitutional and administrative law, corporate law, criminal justice, adat law, law and society, international law, international economic law, human rights law, and intellectual property law.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol. 4 No. 1 (2024): January-June 2024" : 5 Documents clear
Regulatory Approaches to NFT in Indonesia: Considering the Implementation of the French Droit De Suite System? Yustisio, Rifki; Asshidiq, Abdullah Widy
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46465

Abstract

The development of Non-Fungible Tokens (NFT) has significantly impacted global economic trade. However, in Indonesia, the regulation surrounding NFT remains insufficient, particularly concerning law enforcement and equitable royalty distribution for commercialized artistic works. This research adopts a normative juridical approach, employing statutory, comparative, and conceptual analysis methods. Findings indicate that NFT, as three-dimensional artistic creations, fall under the protection of the Copyright Act. While Indonesia has addressed NFT regulation in various laws and government regulations, detailed provisions regarding digital transactions involving three-dimensional artworks are lacking. Moreover, inadequate legal safeguards for NFT sales underscore the pressing need for legal reform. Therefore, the adoption of Droit De Suite through legal transplantation is proposed as a prudent strategy for legal modification, offering numerous normative and operational benefits. Droit De Suite is a principle born from the Berne Convention, where the requirement to apply Droit De Suite is that the state must give permission or legally recognize that the state has been regulated in its legislation. In addition, Droit De Suite is the right given to the artist or creator and his heirs to resell copyrighted works that have been produced previously, so that the creator's heirs are entitled to a share of the resale of a work. This approach holds promise for enhancing the legal framework surrounding NFTs and promoting fair treatment of artists and stakeholders in Indonesia's digital economy landscape.
Is Indonesia Ready to be the Party of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership? Simbolon, Putu George Matthew; Simatupang, Erik Mangajaya
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.45699

Abstract

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership has been highlighted by Indonesia due to its enhanced rule-based nature. However, the anti-corruption issues and the environmental issues have triggered questions on whether Indonesia is clean or healthy enough to be the party to this agreement. This article aims to understand Indonesia's readiness to be a party to this agreement. It implements the doctrinal method by implementing the related rules of international law related to treaty suspension, anti-corruption, and environmental issues in Indonesia. The implementation of such a method is also supported by the treaty approach, conceptual approach, and case approach. From the first discussion, it can be understood that treaty suspension is a regime constituted under the Vienna Convention on the Law of Treaties, and the CP-TPP’s Suspension has no specific deadline. The second discussion expresses that since Indonesia has not brought its anti-corruption rules in conformity with the United Nations Convention Against Corruption, the accession of CP-TPP may bring threats to Indonesia. This threat is caused by the CP-TPP dispute settlement mechanism's competence to settle disputes on anti-corruption issues. Lastly, the third discussion of this article states that the current Indonesian environmental law norms may be perceived as a potential threat to its national interests. Such a threat will arise if the current parties to the CP-TPP eventually decide not to suspend Article 20.17 concerning Conservation and Trade.
Legislative and Judicial Dynamics of Setting the Quota for Women's Representation in Parliament in the 2024 General Elections Adi Muliana, I Komang
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46691

Abstract

The policy choice of regulating women's quota by the General Election Commission through PKPU Number 10 of 2023 (PKPU 10/2023) has caused debate among democracy observers, especially those who care about women's representation in parliament. This study aims to analyze the compatibility of PKPU Number 10 of 2023 with the Election Law and analyze the Supreme Court Decision Number 24 P/HUM/2023 regarding the material testing of Article 8 paragraph (2) PKPU 10/2023. The method used in the study is normative research with a statutory approach and a case approach. The results of this study show that there are differences between the quota for women's representation in PKPU 10/2023 and the Election Law. When viewed in terms of its formation, PKPU 10/2023 was made with the choice of authoritarian political configuration and is characterized as a conservative legal product. The results also justify the first discussion through the annulment of the provisions of Article 8 paragraph (2) PKPU 10/2023 through the Supreme Court Decision Number 24 P/HUM/2023. The conclusion of this study shows the incompatibility of women's quota arrangements regulated by the KPU, but this has been corrected through the Supreme Court's decision. The results of this study are also a contribution of thought for policymakers to always harmonize regulations in every legislative process.
Integrating Reproductive Justice Approaches in the Human Rights Framework: A Comparative Analysis of the U.S.A., India, and Indonesia Tripathi, Neha; Kumar, Anubhav
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46509

Abstract

Sexual health and reproductive rights have become instrumental in defining the constitutional horizons and constitutionalism thereof of a country. In this context, Roe v. Wade emerged as an authority on the issue of abortion, bodily integrity, and sexual health which traveled in various jurisdictions. The paper purports to explore the underlying complexities and challenges in asserting reproductive rights by undertaking a comparative study of the constitutional and legal framework in the U.S.A., India, and Indonesia. The research work carried out is socio-legal, the social realities to elaborate social phenomena about existing legal facts, and the author assessed and analyzed the status of reproductive rights in the U.S.A, India, and Indonesia through a comprehensive analysis of case laws decided by constitutional courts of these countries. The global debate on women's reproductive rights, championed by feminists, emphasizes the urgent need to eradicate gender stereotypes for true equality. Despite progress, many countries still face challenges due to religious, cultural, and socio-economic biases. Access to contraceptives, abortion rights, and information remains limited. Promoting equal parenting and raising awareness are crucial. Legal mechanisms, like Roe v. Wade, have advanced reproductive rights, but regressive rulings like Dobbs pose threats. The demands of diverse communities, including same-sex couples, require revisiting legal frameworks. Constitutionalizing these rights and allocating funds for awareness and healthcare are vital steps. Governments must address child marriage and provide inclusive sex education, prioritizing reproductive health as a fundamental human right.
Ratio Legis of Bankruptcy and Suspension of Debt Payment Obligations to Fulfil Creditors' Rights Simbolon, Meha Middlyne; Sitorus, Yosef Felix
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46303

Abstract

Law No. 37 of 2004 concerning Bankruptcy and PKPU was established to address the debtor's obligations amidst financial incapacity. However, Law No. 37 of 2004 is invoked as the underlying basis by corporations seeking to absolve themselves from debt obligations. The objective is to understand corporate rescue, the principles of commercial exit from financial distress, and their connection to the fulfilment of creditor rights in the PKPU or Bankruptcy processes under Law No. 37 of 2004. The research methodology is empirical juridical, with the primary data as the main source, supplemented by secondary data through observations and interviews, with qualitative analysis and inductive conclusions. The research findings indicate that the simplified evidentiary outlined in Law No. 37 of 2004 is inappropriately invoked as the legal basis for Debtors is financially solvable and viable. Consequently, this leads to creditors losing. Moreover, Law No. 37 of 2004 is considered irrelevant; the emphasis should shift towards the concept of corporate rescue as a principle for business continuity. This approach aligns with practices in developed countries within the EU, as outlined in Chapter 11 of the United States Bankruptcy Code, to be used as a parameter to revise Law No. 37 of 2004.

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