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Fradhana Putra Disantara
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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. 2 (2024): July-December 2024" : 5 Documents clear
Lex Cryptographia: Legal Extensions to Smart Contract Breaches and Governance in Blockchain Systems Musthafa, Annas Rasid; Putri, Rifda Yussriyyah; Farizki, Alfaiza Akbar; Alma, Shafanissa Aulya
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.53366

Abstract

The development of smart contract in a decentralized blockchain system raises various problems in the legal field marked by cases of smart contract violations such as the DAO, Parity Wallet, and PlayDapp cases. The breach of smart contract in the blockchain system affects the application and enforcement of conventional law in a virtual world that has no geographical jurisdiction. The limitations of conventional law in regulating the virtual world gave birth to various new legal concepts such as lex cryptographia and virtual state. This research aims to examine the expansion of law in blockchain systems and smart contract, especially in cases of breach of smart contract and the birth of new governance. This research uses doctrinal research methods with a case study approach and literature research. Based on the results of this research, the existence of smart contracts affects the legal expansion of their legitimacy and application as contracts that have legal force. Smart contract that have no ties to territorial jurisdiction give the parties to the smart contract complete freedom to regulate the settlement of contract violations, so that smart contracts become law, legal procedures, and punishment itself in carrying out its functions. In addition, the existence of smart contracts in the blockchain system also gave birth to lex cryptographia as a new law and a blockchain-based virtual state as a new governance model that is not limited by geographical areas.
Constituent Recall Arrangements of the People's Representative Board Anggraeni, Reni Putri; Sulthony Ananda, Ahmad Alveyn; Gross, Elliot
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.52899

Abstract

The principle of popular sovereignty is fundamental in establishing a democratic legal state, primarily reflected in general elections that determine representatives in the People's Representative Council (DPR). However, this principle often loses its significance post-election, as citizens have little control over their elected representatives. This is evident in the DPR's Inter-Time Change (PAW) mechanism, which excludes public participation. This study emphasizes two main points: the urgent need to amend Article 22B of the 1945 Constitution and to develop a new DPR reconstruction model as part of legal reform. Employing normative legal research through statutory, comparative, and case approaches, the study analyzes secondary legal materials. The findings reveal that the nomenclature of Article 22B requires revision to facilitate greater public involvement in the DPR dissolution process. Currently, dissolution relies on political party leaders, leading members to prioritize party interests over public aspirations, which can create conflicts. The article's language should be amended to allow for public dismissal of DPR members through a clearly defined legal mechanism. Additionally, the study suggests that the PAW process in Indonesia could draw inspiration from the Philippines and Venezuela, incorporating public input through a withdrawal proposal and voting mechanism for council members, thus reinforcing popular sovereignty in the legislative process.
Dilemma of Legal Transplantation in CCS Regulations: Between Harmonization and Adaptation to Local Context Rizaldy, Wahyu Fahmi; Lilleh, Elbouche Chems Sadjda
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.51726

Abstract

Climate change necessitates innovative solutions like Carbon Capture and Storage (CCS) to reduce CO2 emissions. CCS involves capturing and storing CO2 in underground geological formations. Implementing CCS in Indonesia requires a comprehensive regulatory framework addressing technical standards, permits, monitoring, and financing, while also considering environmental and social risks. This research analyzes the dilemma of "legal transplantation" in Indonesian CCS regulations, balancing harmonization with international standards and adaptation to local contexts. Legal transplantation involves adopting legal rules from one jurisdiction to another. In this context, it might involve incorporating international best practices into Indonesian law. This raises questions about reconciling foreign legal elements with existing Indonesian legal frameworks and the country's unique context. This research employs normative legal methods with a qualitative approach. Data was gathered through literature reviews, comparative analysis, case studies, and comprehensive interviews. This study examines the impact of legal transplantation on developing CCS regulations in Indonesia, analyzing the challenges and opportunities in adapting regulations from other countries. It explores achieving a balance between global harmonization and local adaptation. Utilizing normative legal research methods with a qualitative approach, this research aims to contribute to developing effective and sustainable CCS regulations in Indonesia. With a suitable regulatory framework, CCS can be a crucial tool in mitigating climate change.
Web-Based Citizen Contribution: An Model to Optimize Political Participation in the Legislation Function of the Representative Council Pelengkahu, Muhamad; Satria, Najib
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.51889

Abstract

At present, legal products do not reflect public justice; rather, they serve the interests and triumph of political groups or elites that are technical, insubstantial, and short-term. This, of course, significantly interferes with the operation of the government system, which in turn disrupts the stability of society, particularly in terms of legal certainty. The objective of this research is to evaluate and develop a political participation scheme that can effectively engage the community at the grassroots level in the legislative function of the People's Representative Council. In terms of methodology, this research is normative legal research, which is evaluative in nature. Qualitative analysis techniques are employed to analyze secondary data. This reasearch indicate that the laws enacted by the People's Representative Council thus far have not been aspirational. This implies that they have not been able to take into account and implement the aspirations of all societal segments, resulting in their implementation being at odds with the community's desire. Consequently, we suggest the implementation of a web-based system for information, aspirations, and voting, which we refer to as WASIT. The utilization of website media is due to the fact that the internet is a daily necessity for the Indonesian populace. The KOMINFO and DUKCAPIL community have appointed an NGO that is specifically dedicated to legislative supervision to establish this system. NGOs are assigned the responsibility of developing a website with the assistance of KOMINFO. The Directorate General of DUKCAPIL will collect community data by logging in with the Citizen Identity Number.
Prenuptial Agreement Between Indonesia and South Korea Regulations Asmarani, Abiyyah Indi; Hariyana, Trinas Dewi; Hasyim, Moch. Wachid; Al-Akiti, Muhammad Ayman
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.52092

Abstract

This study examines the legal frameworks governing prenuptial agreements in Indonesia and South Korea, offering a comparative analysis between a developing and a developed nation in Asia. It explores cultural and societal attitudes that shape perceptions of such agreements in both jurisdictions. In South Korea, prenuptial agreements are also widely used. However, South Korea has one of the world’s lowest fertility rates, partly due to a declining interest in marriage. The research aims to evaluate regulatory frameworks, their impact on property arrangements, and the key similarities and differences in legal applications. Adopting study analyzes statutory laws, court decisions, expert opinions, and relevant literature. The comparative analysis highlights how both civil law systems address prenuptial agreements, focusing on property rights, joint assets, and marital obligations. Findings reveal that Indonesian regulations emphasize strict formality and limited scope, mainly addressing property, while South Korea permits broader flexibility and judicial discretion, including spousal support and child custody. The study concludes that while prenuptial agreements are legally binding in both countries, enforcement and societal acceptance differ significantly. It recommends harmonizing legal frameworks to ensure fairness and adaptability, especially in cross-national marriages. Indonesia could adopt South Korea’s flexible enforcement practices, while South Korea might benefit from stricter formal requirements for consistency. Such reforms could enhance the effectiveness of prenuptial agreements as tools for legal clarity and marital stability.

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